Chapter 7 ORDER Michael E. Romero, United States Bankruptcy Judge. THIS MATTER came before the Court for trial on the question of whether the Defendants herein acted in a fraudulent manner when they represented they owned certain mobile home lots on a financial statement when, in fact, the lots were owned by a retirement trust. The Plaintiff argues the mischaracterization was an attempt to deceive. The Defendants contend their mischaracterization lots was an honest mistake. The issues before...
Chapter 7 MEMORANDUM OPINION AND ORDER ALLOWING TOOLS OF TRADE EXEMPTION Sidney B. Brooks, United States Bankruptcy Judge. THIS MATTER comes before the Court on the Objection to the Debtor's Claim of Exemption filed by the Chapter 7 Trustee, Harvey Sender, on October 26, 2012 (Docket # 17) and Debtor's Response thereto filed November 10, 2012 (Docket # 20). Debtor is a brick mason who claimed an exemption in certain tools and equipment that are owned and used by him in his masonry business....
Chapter 13 MEMORANDUM OPINION AND ORDER Sidney B. Brooks, United States Bankruptcy Judge THIS MATTER comes before the Court on the (1) First Interim Application for Allowance of Attorney Fees and Expenses for the Period from August 2, 2012 through October 31, 2012 ("Application") filed November 5, 2012 (Docket # 32) by Maria J. Flora, P.C. for work that she provided as counsel of the Chapter 7 Trustee prior to the case converting to a Chapter 13; (2) Debtor's Motion to Strike and Objection...
Chapter 7 ORDER ON COMPLAINT OBJECTING TO DISCHARGE Howard R. Tallman, Chief Judge, United States Bankruptcy Court THIS MATTER comes before the Court on the complaint filed on August 29, 2011 by Plaintiff Blackwell Oil Company ("Blackwell") against Debtor alleging claims for denial of discharge under 11 U.S.C. 727(a)(3), (a)(4)(A), (a)(4)(D), and (a)(5). 1 A two-day trial was held on January 28 and 29, 2013. At the conclusion of trial, the Court ordered the parties to submit written...
Chapter 11 ORDER INVALIDATING UNITED'S 1111(b) ELECTION Elizabeth E. Brown, Bankruptcy Judge THIS MATTER comes before the Court on the Debtor's Objection to the Section 1111(b) Election, filed by United Water & Sanitation District ("United"). At issue is whether only one member of a two-member class of secured creditors, with liens of equal priority on the same collateral, may validly make an election. I. BACKGROUND The Debtor is the developer of property known as Ravenna and the Golf...
ORDER DENYING MOTION TO DISMISS Elizabeth E. Brown, Bankruptcy Judge THIS MATTER comes before the Court on the "Motion to Dismiss Complaint With Regard to the First and Second Claims for Relief of Alternity Capital 2, LLC and the First Claim for Relief as to Alternity Capital 4, LLC" (the "Motion"), filed by Debtor, and Plaintiffs' Response. The Court having reviewed the file and being further advised in the premises, hereby FINDS and CONCLUDES: I. APPLICABLE STANDARD Debtor's Motion...
ORDER Michael E. Romero, United States Bankruptcy Judge This matter comes before the Court on the Debtors' Objection to Claim Number 11 Filed by Bank of the West (Docket No. 90) (the "Objection"), and Bank of the West's response thereto (Docket No. 106) (the "Response"). 1 The Bank loaned funds to the Debtors' revocable inter vivos trust, and the Debtors personally guaranteed the obligation. The trust debt was secured by certain real property in California, and the Bank foreclosed on...
ORDER DENYING TRUSTEE'S OBJECTION TO EXEMPTIONS CLAIMED IN DEBTOR'S AMENDED SCHEDULE C A. BRUCE CAMPBELL, Bankruptcy Judge. This matter is before the Court on the Chapter 7 Trustee's Objection to the Debtor's Amended Schedule C of Property Claimed as Exempt Filed on February 27, 2013 at Docket No. 150 ("Objection"). The Trustee gave Notice of the Objection pursuant to L.B.R. 9013-1.1 and no objections or responses were filed. The Court has reviewed the Objection and finds, for the reasons...
ORDER ON OBJECTION TO PROOF OF CLAIM HOWARD R. TALLMAN, Chief Judge. This case comes before the Court on Debtor's Objection to Proof of Claim # 4-1 Filed by FirstBank (docket # 14) (the "Objection"). FirstBank (the "Bank") filed its Response to Objection to Proof of Claim # 4-1 Filed by FirstBank (docket #24) (the "Response"). The Court set the matter for hearing. In anticipation the hearing, Debtor filed her Objection (docket # 38), which is, in substance, a motion in limine seeking...
ORDER DENYING DEBTORS' REQUEST FOR ATTORNEY'S FEES PURSUANT TO COLO. REV. STAT. 13-17-102 ELIZABETH E. BROWN, Bankruptcy Judge. THIS MATTER comes before the Court on the Defendants' request for attorney's fees under Colo.Rev.Stat. 13-17-102, a state statute which imposes fees for the assertion of a claim or defense that lacks "substantial justification." Before conducting an evidentiary hearing on whether Plaintiff's assertion and continued prosecution of claims against the Debtors was...
Chapter 7 ORDER GRANTING SUMMARY JUDGMENT Elizabeth E. Brown, Bankruptcy Judge THIS MATTER comes before the Court on cross motions for summary judgment filed by Plaintiff Simon E. Rodriguez (the "Trustee") and Defendant Alpine Bank (the "Bank"). The Trustee obtained a default judgment in another adversary proceeding that a related entity was the Debtor's alter ego and, therefore, the related entity's assets would become the assets of this estate, including certain real property located in...
