MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiffs, chapter 11 1 debtor Old Cutters, Inc. ("Old Cutters"), and its principal creditor, Mountain West Bank ("MWB"), commenced these adversary proceedings against Defendant City of Hailey ("Hailey") to determine the status and extent of Hailey's claims against Old Cutters. 2 Old Cutters, MWB, and Hailey have filed cross-motions for summary judgment. Dkt. Nos. 50, 52, and 57. 3 This Memorandum disposes of the...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Resolution of the issues presented in this case represents another installment in the Court's consideration of the treatment of annuities in Idaho bankruptcy cases. Chapter 7 1 trustee Gary L. Rainsdon ("Trustee") objected to an exemption claimed by Debtors Todd and Julie Baldwin ("Debtors") in a structured settlement annuity. Dkt. No. 54. The parties filed briefs addressing the issues, and the Court conducted an...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 7 1 debtor Michael R. Christian ("Debtor") filed a Motion to Compel Abandonment in which he asks for an order deeming his interest in a pending legal action with Idaho Trust Bank ("Creditor") abandoned from his bankruptcy estate. Dkt. No. 52. The litigation with Creditor is the subject of a civil action currently on appeal before the Idaho Supreme Court wherein Debtor is the appellant. The chapter 7 trustee,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 7 1 Trustee R. Sam Hopkins ("Trustee") objected to the claim by Debtors Amos Merrill and Elsie Merrill ("Debtors") that a boat is exempt as an heirloom pursuant to Idaho Code 11-605(1)(c). For the reasons explained below, Trustee's objection will be sustained and exemption claim disallowed. This Memorandum sets forth the Court's findings of fact and conclusions of law regarding the objection. Rules 9014; 7052....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Creditor Wells Fargo Bank, N.A.'s ("Creditor") filed a Motion to Compel Abandonment. Dkt. No. 46. Chapter 7 1 trustee Richard E. Crawforth ("Trustee") filed an objection to the motion. Dkt. No. 48. The parties filed briefs, and the motion came before the Court for hearing on March 14, 2012, Dkt. Nos. 52-55, after which the Court took it under advisement. The Court has considered the submissions of the parties, the...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Creditor Wells Fargo Bank, N.A.'s ("Creditor") filed a Motion to Compel Abandonment. Dkt. No. 46. Chapter 7 1 trustee Richard E. Crawforth ("Trustee") filed an objection to the motion. Dkt. No. 48. The parties filed briefs, and the motion came before the Court for hearing on March 14, 2012, Dkt. Nos. 52-55, after which the Court took it under advisement. The Court has considered the submissions of the parties, the...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Debtor Allen L. Wisdom ("Debtor") objected to the Final Report and Application for Compensation ("Final Report") filed in this case by chapter 7 1 Trustee Jeremy Gugino's ("Trustee"). This Memorandum sets forth the Court's findings of fact and conclusions of law regarding the objection. Rules 9014; 7052. For the reasons explained below, Debtor's objection will be overruled. Facts On April 19, 2011, Debtor filed a...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Attorneys Monte Gray and Jim Spinner ("Attorneys"), co-counsel for chapter 7 1 trustee R. Sam Hopkins ("Trustee"), have applied for an award of $7,567.95 in compensation and expenses in this case. In addition, in their application, Attorneys requested a $41,255 "bonus," 2 consisting of a $19,255 "adjustment" to previously awarded interim compensation, and a $22,000 "true bonus" over and above the amount of fees otherwise...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this adversary proceeding, Plaintiffs Michael and Sharon Rinehart have filed a Motion for Partial Summary Judgment. Dkt. No. 28. The Defendants, 1 Federal National Mortgage Associates ("Fannie Mae") and Seterus, Inc., have also filed a Motion for Summary Judgment. Dkt. No. 37. Affidavits and memoranda were filed, and both motions came on for hearing on June 19, 2012, at which time the Court heard oral argument. Both...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiffs, chapter 11 1 debtor Old Cutters, Inc. ("Old Cutters"), and its creditor Mountain West Bank ("MWB"), commenced these adversary proceedings against Defendant, the City of Hailey ("Hailey"). 2 In responding to Plaintiffs' complaints, and at a March 15, 2012, pretrial conference, Hailey asserted that the Court lacks subject matter jurisdiction to entertain this action. Even if the Court has subject matter...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction In this chapter 7 1 case, the law firm of Holden, Kidwell, Hahn & Crapo, P.L.L.C.'s ("HKHC") filed a Motion for Allowance of Administrative Expense. Dkt. No. 33. Trustee R. Sam Hopkins ("Trustee") objected. Dkt. No. 87. The Court heard argument concerning the motion on April 10, 2012, after which it took the issues under advisement. After due consideration of the record in this case, the submissions of the parties and...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. I. Introduction Creditors Ernie and Patricia Geiger and June Geiger ("Ernie", "Patricia" and "June" individually 1 ; collectively "Creditors") filed claims in this chapter 11 2 case. The chapter 11 trustee, R. Wayne Klein ("Trustee") objected to the claims. Exs. 200-01, 206-07; Dkt. Nos. 237-38. Creditors responded to Trustee's objections, Dkt. Nos. 261-64, and on April 11, 2012, the Court conducted a hearing. At the hearing,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction On February 9, 2012, chapter 11 1 Debtor Hollifield Ranches, Inc. filed and served an Application to Employ Special Counsel Nunc Pro Tunc ("Application"), Dkt. No. 419. The United States Trustee ("UST") has objected to the Application. Dkt. No. 436. A hearing was held on April 2, 2012, at which time the Court indicated it would grant the Application to employ James C. Meservy as special counsel. Dkt. No. 465. However,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction The defendants in this adversary proceeding, chapter 7 1 debtors Joseph Stanley Visser ("Defendant") and April McGovern Visser ("April"), 2 husband and wife, move to dismiss this action prosecuted against them by the plaintiffs, Defendant's former employer Twin Falls Staffing, LLC ("TFS"), and Tom Welstad ("Welstad"), TFS's majority owner (collectively "Plaintiffs"). Defendant and April contend that Plaintiffs' complaint ("...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this adversary proceeding, plaintiff R. Sam Hopkins, the chapter 7 1 trustee ("Plaintiff"), seeks to avoid transfers made by Debtor Ronald Kempkers, dba J. R. Construction ("Debtor"), to defendant R & J Custom Countertops, LLC ("Defendant"). Defendant has filed a Motion to Dismiss. Dkt. No. 55. The Court conducted a hearing concerning the motion 2 on March 27, 2012, and thereafter took the issues under advisement....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction The chapter 7 1 trustee, Jeremy Gugino ("Trustee"), objected to the claims of exemption as to four annuities made by debtors Danny Wayne and Rozell J. Aden. Dkt. No. 23. Debtors responded to the objection. Dkt. No. 28. The parties filed a stipulation regarding some of the relevant facts, as well as briefs. Dkt. Nos. 39, 40 and 43. The Court conducted an evidentiary hearing concerning Trustee's objection on February 12,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction The chapter 7 1 trustee, Jeremy Gugino ("Trustee"), objected to the claim of exemption in an annuity contract made by Debtors Charles Howard and Paula Jean Wiley. Dkt. No. 17. Debtors responded to the objection. Dkt. No. 23. The parties filed a stipulation as to the relevant facts, Dkt. No. 45, and briefed the issues, Dkt. Nos. 46 and 47, and the Court conducted a hearing concerning Trustee's objection on February 12,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction Chapter 13 1 trustee Kathleen McCallister ("Trustee") filed a motion to modify debtor Stephanie Osborne's 2 ("Debtor") confirmed chapter 13 plan because Debtor's marital status, income, and expenses had changed. Debtor asserts that, even if there have been changes in her overall financial and other circumstances, there has been essentially no resulting change between the amount of her current plan payment amount and her...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this adversary proceeding, chapter 7 1 trustee, R. Sam Hopkins ("Trustee") asks for a judgment revoking the discharge of debtor Peter Tyson Romaine ("Debtor"). After a trial on January 12, 2012, the issues were taken under advisement. The Court has considered the submissions of the parties, the testimony and evidence presented at trial, the arguments of counsel, as well as the applicable law. This Memorandum...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction On December 20, 2011, after an evidentiary hearing, this Court orally announced its decision to grant a Motion for Relief from Stay filed by creditor Citizens Business Bank ("Citizens"), Dkt. No. 28. On January 9, 2012, before a formal order could be entered implementing the Court's decision, Debtors Kenneth and Terri Luth ("Debtors") filed a Motion for Relief from Order and to Make Additional and/or Amended Findings of...
