MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 7 1 Debtors Brent and Sheryl Cherne ("Debtors") objected to the Internal Revenue Service's ("IRS") proof of claim filed in this bankruptcy case. Dkt. Nos. 35 and 37. IRS filed a response to Debtors' objection, and later moved to dismiss Debtors' objection for lack of standing, or in the alternative, for summary judgment. Dkt. Nos. 46 and 55. 2 Debtors then filed a cross-motion for summary judgment. Dkt. No. 66....
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. Plaintiff Darrell Adams ("Adams"), brought this adversary proceeding in his capacity as Trustee of the Carmella Adams Trust, seeking to deny the discharge of debtor Lawrence Darwin McKay ("Debtor") under 727(a)(3). 1 The matter was tried on November 14, 2013, and was subsequently taken under advisement. This Decision constitutes the Court's findings and conclusions pursuant to Rule 7052. FACTS A. Debtor's business background Debtor is...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 7 1 trustee R. Sam Hopkins ("Trustee") commenced this adversary proceeding against debtors Robert B. Quilling and Janey L. Quilling (the "Quillings") seeking an order compelling them to turn over funds he contends are bankruptcy estate property, and seeking revocation of the Quillings' discharge for their failure to have previously done so. Dkt. No. 1. In lieu of a trial, the parties submitted this dispute for...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction Creditors Ross and Christina Rinas (the "Rinases") filed an application for an administrative expense under 503(b) 1 for the attorneys fees they incurred in connection with their efforts to dismiss the bankruptcy case of Phillip B. Gray ("Debtor"). Dkt. No. 95. 2 Debtor and chapter 13 Trustee Kathleen McCallister ("Trustee") objected to the Rinases' application. Dkt. Nos. 96;104. In addition, Trustee objected...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this adversary proceeding, bankruptcy trustees dispute which of two respective bankruptcy estates is the rightful home for the cash proceeds from the sale of a Peterbilt truck. Following briefing, the Court conducted a trial on July 10, 2014, after which it took the issues under advisement. This Memorandum Decision sets forth the Court's findings of fact and conclusions of law. Fed. R. Bankr.P. 7052. Facts The...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. Before the Court is a "Request for Adequate Protection," Doc. No. 127 ("Request"), filed by creditor Anaconda, LLC ("Anaconda"). Anaconda is a single member LLC. The initial member at the time of prior hearings was Dana Martin ("Martin"). 1 The chapter 11 debtor in possession 2 Denny Ryerson ("Debtor") opposes Anaconda's Request on several bases. Anaconda's Request came on for hearing on August 4 and again on September 2, 2014. Both...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Creditor Marquee Broadcasting, Inc. ("Marquee") filed a motion to deem its proof of claim as timely filed because, it argues, it filed an "informal" proof of claim before the filing deadline. Dkt. No. 307. Hugh Gordon, the successor in interest to creditor Hilo Broadcasting, Inc. ("Hilo"), filed an objection to Marquee's motion. Dkt. No. 311. The Court conducted a hearing concerning Marquee's motion on July 29, 2014, at...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction This is an action under 727(d)(3) 1 and (a)(6)(A) by Plaintiff, chapter 7 trustee Gary L. Rainsdon ("Trustee") to revoke the discharge granted to Defendants Shane and Linda Leiser ("Debtors") based upon their conduct during the bankruptcy case. Adv. Dkt. No. 1. In addition, Trustee seeks a money judgment against Debtors for the amount of the funds he alleges they failed to turn over as property of the bankruptcy estate....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiff, chapter 7 1 trustee R. Sam Hopkins ("Trustee"), commenced this adversary proceeding against Defendant Crystal 2G Ranch, Inc. ("Ranch") to avoid two alleged fraudulent transfers by Debtors Kevin and Jeanne Crystal ("Debtors") to Ranch. Dkt. No. 1. The matter came before the Court for trial on May 8, 2014. At the conclusion of the evidence and testimony, the parties agreed to present their closing arguments at a...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Benefitting from bright-line rules in Idaho's statutes, trustees in this District have long enjoyed success in avoiding the security interests held by would-be secured creditors in motor vehicles. As this case demonstrates, due to changes in those statutes, trustees may now experience challenges in assailing those liens. Plaintiff, chapter 7 1 trustee Jeremy Gugino ("Trustee"), commenced this adversary proceeding against...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction On February 4, 2014, chapter 7 1 debtors Lorne and Crystal Dickerson ("Debtors") filed a Motion for Contempt (the "Motion") alleging that creditor Collection Bureau, Inc. ("Collection") had violated the 362(a) automatic stay and the 524(a) discharge injunction in their bankruptcy case. Dkt. No. 32. Collection filed an objection to the Motion on February 18, 2014, generally denying that it should be found to be in...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction The issue before the Court concerns confirmation of the proposed chapter 13 1 plan filed by debtor James Jeffrey Ford ("Debtor"). The chapter 13 trustee, Kathleen A. McCallister ("Trustee") has objected to inclusion of Debtor's former stepson in the tally of household members on Debtor's Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income ("Form 22C") to calculate...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction On January 16, 2014, Scott Paul, the former Chief Executive Officer of chapter 7 1 debtor Hoku Corporation ("Debtor"), filed a motion requesting that the Court determine that the proceeds of a certain "Executive and Organization Liability Insurance Policy" (the "Policy") owned by Debtor are not property of the bankruptcy estate or, in the alternative, granting Paul relief from the automatic stay so that he can seek...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. On July 10, 2012, Douglas and Janina Johns ("Debtors") filed a chapter 13 petition. Their case was converted to chapter 7 on May 1, 2013. Debtors claimed a homestead exemption in several separately described but contiguous parcels of real property in Juliaetta, Idaho. Banner Bank objected to Debtors' claimed homestead exemption. The parties stipulated to the facts and certain exhibits. Doc. No. 107. 1 The matter came on for oral argument...
