Chapter 7 ORDER ON MOTION TO AVOID LIEN Howard R. Tallman , Judge United States Bankruptcy Court This case comes before the Court on Debtor's Corrected Motion to Avoid Judicial Lien Impairing Homestead Exemption (docket #61) (the Motion). The Court conducted an evidentiary hearing on December 16, 2014, and heard the parties' arguments. I. FACTUAL BACKGROUND The Debtor filed this case on June 13, 2014. Debtor's spouse, Susan K. Steinke, did not join the Debtor in this bankruptcy...
Chapter 7 ORDER Michael E. Romero , United States Bankruptcy Judge . There is a well-established adage that if something sounds too good to be true, it probably is. This case presents a situation where certain investors did not heed that adage to their detriment. JURISDICTION The Court has jurisdiction over this matter under 28 U.S.C. 1334(a) and (b) and 157(a) and (b). This is a core proceeding under 28 U.S.C. 157(b)(2)(I) as it concerns a determination as to the dischargeability...
Chapter 15 (Jointly Administered) ORDER ON MOTION TO LIFT STAY Howard R. Tallman, Judge, United States Bankruptcy Court This case comes before the Court on Movant's Motion for Relief from Stay (docket # 175) (the "Motion"). King Oil Field Services, LLP, ("King") seeks relief from stay in order to litigate its lien claims against property of the estate in the District Court, Northwest Judicial District, County of Mountrail, North Dakota (the "State Court"). The Court held a preliminary...
Chapter 7 ORDER Michael E. Romero, Chief Judge, United States Bankruptcy Court. This case offers an object lesson in the oft-cited dangers of doing business with friends. The Plaintiffs paid $900,000 to their friends, the Defendants, in exchange for a particular investment. What Plaintiffs received was far from what was promised. They now seek a finding their debt is nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). 1 JURISDICTION The Court has jurisdiction over this...
Chapter 7 ORDER ON THE UNITED STATES TRUSTEE'S MOTION TO DISMISS AND THE DEBTORS' MOTION TO CONVERT Howard R. Tallman, Judge, United States Bankruptcy Court. This case comes before the Court on United States Trustee's Motion to Dismiss Debtors' Case under 11 U.S.C. 707(a) (docket #17); and Debtor's Motion to Convert Chapter 7 Case to One under Chapter 13 Pursuant to 11 U.S.C. 348(a) and FED. R. BANKR. P. 1017(f)(2) (docket #23). I. FACTUAL BACKGROUND Mr. Arenas is engaged in the...
Chapter 7 ORDER ON MOTION FOR RELIEF FROM STAY Howard R. Tallman, Chief Judge, United States Bankruptcy Court This matter came before the Court on the Motion for Relief From Automatic Stay under 11 U.S.C. 362(d) (the "Motion," docket #61), filed by U.S. Bank, N.A., as Successor Trustee to Bank of America, N.A., as Successor Trustee to LaSalle Bank, N.A., as Trustee for the Holders of the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-...
Chapter 13 ORDER DENYING OBJECTION TO CHAPTER 13 PLAN Howard R. Tallman, Chief Judge United States Bankruptcy Court THIS MATTER comes before the Court on the Debtor's Amended Chapter 13 Plan (docket # 21) and the Amended Objection (docket # 29) thereto filed by Centre Point Station Condominium Association ("COA"). An evidentiary hearing was held on December 12, 2013, at the conclusion of which the Court took the matter under advisement. The Court is now ready to rule. 1 I. Background The...
Chapter 13 ORDER DENYING MOTION TO RECONSIDER A. Bruce Campbell, United States Bankruptcy Judge Before the Court is the Motion to Reconsider Order Denying Motion to Waive Financial Management Course Requirement and Order Dismissing this Case ("Motion to Reconsider") filed by "Debtor (deceased), through his Personal Representative and spouse, Joanie Fogel, and represented by Mark E. Henze and Robert I. Cohen" ("Personal Representative"). The Debtor died on February 24, 2011, approximately...
Michael E. Romero, United States Bankruptcy Judge ORDER The Court previously entered a judgment against the Defendants in this proceeding. After notice and a hearing, the Court stayed execution of the judgment pending Defendants' appeal pursuant to FED. R. BANKR. P. 8005 ("Rule 8005"). The United States Bankruptcy Appellate Panel of the Tenth Circuit ("BAP") affirmed this Court's trial order and judgment, and Defendants timely appealed the matter to the United States Court of Appeals for the...
Chapter 7 ORDER ON DEBTOR'S MOTION FOR ISSUANCE OF SHOW CAUSE ORDER AND REQUEST FOR FINDING OF CONTEMPT AND SANCTIONS A. Bruce Campbell, United States Bankruptcy Judge On December 6, 2013, Debtor Zachary C. Mason ("Debtor") filed a Motion for Issuance of Show Cause Order and Request for Finding of Contempt and Sanctions Against Farm Credit of Southern Colorado, PCA and Farm Credit of Southern Colorado, FLCA, for Violation of Discharge Injunction and/or Automatic Stay ("Motion"). Farm Credit...
Chapter 13 ORDER Michael E. Romero, United States Bankruptcy Judge This matter comes before the Court on the Motion to Reconsider Order Dated May 13, 2013 to Convert to Chapter 7, and/or to Compel Production of Documents (the "Second Motion to Reconsider"), filed by administrative priority creditor Allen & Vellone, P.C. ("A & V") and counsel for former Chapter 7 trustee Jeffrey A. Weinman ("Weinman"). David McDonald and Julie McDonald (collectively, the "Debtors") never filed a formal...
Chapter 13 ORDER DENYING MOTION TO WAIVE FINANCIAL MANAGEMENT COURSE REQUIREMENT AND ORDER DISMISSING THIS CASE A. Bruce Campbell, United States Bankruptcy Judge Before the Court is a Motion to Waive Financial Management Course Requirement and to Either Waive Certification to Obtain Discharge or to Allow Certification To Be Signed By Decedent's Estate ("Motion"). The Motion is filed purportedly on behalf of the Debtor who by the allegations of the Motion died on February 24, 2011. The Debtor'...
Chapter 11 ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY Howard R. Tallman, Chief Judge United States Bankruptcy Court This case comes before the Court on Dr. Judy Baack's Motion for Relief from. Automatic Stay Pursuant to 11 U.S.C. 362(d) (docket # 62) (the "Motion"). The Court conducted a preliminary hearing on the Motion on February 11, 2014, and took the matter under advisement to determine whether there is a necessity for a final hearing. The Court finds that it may rule based on...
(Chapter 7) MEMORANDUM OPINION AND ORDER (1) TREATING DEFENDANTS' MOTION TO DISMISS COMPLAINT AS MOTION FOR SUMMARY JUDGMENT; (2) DENYING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND MOTION FOR SANCTIONS; AND (3) GRANTING THE PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT Sidney B. Brooks, United States Bankruptcy Judge. This case requires the Court to examine the lines drawn by the Bankruptcy Code between the broad reach of the automatic stay and the narrow exceptions from the stay for...
Chapter 13 ORDER DENYING DEBTORS' THIRD MOTION FOR POSTCONFIRMATION MODIFICATION A. Bruce Campbell, United States Bankruptcy Judge Before the Court are the Debtors' Motion to Confirm Third Modified Chapter 13 Plan at Docket #90 ("Motion"); Third Motion for Post-Confirmation Modification of Plan at Docket #84 ("Third Motion"); and Debtors' Third Modified Plan at Docket #83 ("Third Modified Plan"). Debtors sought in their Second Modified Plan to surrender a vehicle to WFS/Wachovia Dealer...
AMENDED ORDER Elizabeth E. Brown , Bankruptcy Judge THIS MATTER is before the Court following a trial on the Debtor's claims that PNC Bank, N.A. (the "Bank") violated the automatic stay, the confirmation order, the Debtor's chapter 13 plan, and Fed. R. Bankr.P. 3002.1. The primary issue in this case centers on when and to what extent the bankruptcy court has the authority to police a mortgage lender's accounting for payments received postpetition but before the completion of a debtor's...
Chapter 11 ORDER APPROVING MODIFIED RESERVED PROVISIONS TO THE CONFIRMED PLAN OF REORGANIZATION Sidney B. Brooks , United States Bankruptcy Court Judge . THIS MATTER came before the Court on October 16, 2014 for an evidentiary hearing on confirmation of the Second Amended Plan of Reorganization Proposed by the Unofficial Mechanics Lienholder Committee (the "Committee") filed on August 28, 2014 [Docket #1158], as modified by the Modification thereto (the "First Plan Modification")...
Chapter 9 ORDER OF DISMISSAL Elizabeth E. Brown , Bankruptcy Judge THIS MATTER comes before the Court following a trial and subsequent briefing on the chapter 9 petition, filed by the Debtor Ravenna Metropolitan District ("District") and the objections to eligibility filed by Colorado BondShares ("CBS") and United Water and Sanitation District ("United"). Having considered the evidence and arguments raised, the Court hereby FINDS and CONCLUDES: I. BACKGROUND Ravenna is an upscale...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT Sidney B. Brooks, United States Bankruptcy Judge This case is before the Court on remand from the Colorado Supreme Court on an avoidance action initiated almost two and a half years ago by the Chapter 7 Trustee, Harvey Sender, against the Defendants, Norman and Carol Cygan (hereinafter "the Cygans") using his "strong-arm" powers under 11 U.S.C. 544. At the inception of this case in 2011, at the heart of the...
Chapter 11 ORDER DENYING APPROVAL OF DISCLOSURE STATEMENT ON BASIS PLAN IS FACIALLY UNCONFIRMABLE Elizabeth E. Brown, Bankruptcy Judge THIS MATTER comes before the Court on the Objection of West Loan Acquisitions Holdings, L.P. ("Creditor") to the Debtors' most recent disclosure statement. Although the Objection raises several issues, the parties have asked the Court to first determine an issue that may render the Debtors' proposed plan facially unconfirmable. It centers on whether the plan...
