MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U. S. BANKRUPTCY JUDGE Chapter 13 debtor Patrick Mooney filed a Motion Seeking Contempt Citation for Violation of the Discharge Injunction, Doc. No. 99 ("Motion"), against his ex-wife, Lynn Mooney. 1 On May 11, 2015, the Motion was heard at an evidentiary hearing and taken under advisement following closing argument. 2 This Decision constitutes the Court's findings and conclusions on the contested matter. See Rules 7052, 9014. 3...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction Chapter 13 1 trustee Kathleen McCallister ("Trustee") objected to the proof of claim ("POC") filed on behalf of the Internal Revenue Service ("IRS") by Debtors Relna and Kathryn DeVries ("Debtors"). Dkt. No. 52. Debtors responded to the objection. Dkt. No. 53. On March 16, 2015, the Court conducted a hearing at which the parties appeared and presented their arguments. At the conclusion of the hearing, the Court took...
AMENDED MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . This Amended Memorandum of Decision supersedes the Court's prior Memorandum Decision entered in this case. 1 Introduction This case presents the unhappy situation where the chapter 7 2 debtors, without seeking advice of counsel, mistimed the filing of their bankruptcy petition and, for flawed reasons, elected not to comply with the Court's orders entered in their bankruptcy case. As a result of...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U.S. BANKRUPTCY JUDGE . S.D. Sanders, Inc. and Steve Sanders ("Plaintiffs") assert that chapter 7 debtor Ronald Hazard ("Hazard") owes debts that are nondischargeable under 523(a)(2), (4) and/or (6). 1 See Adv. Doc. No. 18 (amended complaint). The debts are disputed and unliquidated. In S.D. Sanders, Inc. v. Hazard (In re Hazard), 2015 WL 4735658 (Bankr.D.Idaho, Aug. 10, 2015) (" Hazard I "), this Court denied a motion for summary...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd., Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd. , Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd., Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd., Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U.S. BANKRUPTCY JUDGE . INTRODUCTION Before the Court is a motion for summary judgment filed by Dan Kerslake ("Kerslake") one of the two defendants in this 549 avoidance action. 1 Doc. No. 11 ("Motion"). Opposed by the plaintiff, chapter 7 trustee, Jeremy Gugino ("Trustee"), the Motion was argued at hearing on November 2, 2015. The Court determines that the Motion is well taken and will be granted. BACKGROUND AND FACTS The undisputed...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd. , Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd. , Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Memorandum of Decision entered in Hopkins v. M&A Adventures, Ltd. , Adv. No. 15-08043-JDP, Dkt. No. 19, Plaintiff's motion for default judgment will be granted. Plaintiff's counsel shall submit appropriate findings of fact, conclusions of law, and an appropriate form of judgment for entry by this Court.
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction In this and several other similar adversary proceedings, the Plaintiff, chapter 7 1 trustee R. Sam Hopkins, has asked the Court to enter a default judgment against the Defendant avoiding certain prebankruptcy transfers made by the Debtor, Hoku Corporation, to Defendant to pay the debts of a related company, Hoku Materials. See Mot. for Default J., Dkt. No. 10 (the "Motion"); Aff. in Supp. of Default J. at 2-3, Dkt....
MEMORANDUM OF DECISION TERRY L. MYERS , Chief Bankruptcy Judge . Before the Court is the motion of chapter 13 trustee, Kathleen McCallister ("Trustee"), to dismiss this case. 1 Doc. No. 84 ("Motion"). Though not expressly stated in the Motion, it is brought under 1307(c) for "cause" and, as became evident at hearing, more particularly under 1307(c)(6) for a "material default by the debtor with respect to a term of a confirmed plan." Debtor Judi Kieffer opposes the Motion, and the...
MEMORANDUM OF DECISION ON MOTION FOR STAY PENDING APPEAL TERRY L. MYERS , Chief Bankruptcy Judge . INTRODUCTION Thomas Ricks ("Debtor"), filed a chapter 11 petition 1 on February 19, 2013. He controlled the case as debtor in possession for over a year and a half until this Court entered an oral decision and order converting the case on September 25, 2015. In so doing, the Court denied Debtor's request for relief from his earlier agreement and February 2015 stipulated order that required...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction Chapter 11 1 debtor, Do You Love Me Inc. ("Debtor"), objected to the amount of the proof of claim filed by Oriole Textile Co., Inc. ("Creditor") arguing that Creditor is not entitled to recover any prebankruptcy interest on its claim. Dkt. Nos. 42 & 57. Creditor responded to the objection. Dkt. No. 43. The facts are not in dispute; the issue before the Court is one of law; and the parties stipulated to have the...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U. S. BANKRUPTCY JUDGE . INTRODUCTION Tom Floyd ("Floyd") and Evelyn Floyd (collectively "Debtors") filed a joint voluntary chapter 7 petition on October 18, 2013. 1 On February 21, 2014, the chapter 7 trustee, Jeremy Gugino ("Trustee"), filed the complaint initiating this adversary proceeding against Kevin Rowley ("Defendant"), and on July 24, 2014, filed an amended complaint, Adv. Doc. No. 10 ("Complaint"). Trustee's Complaint seeks...
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction This contest focuses on the parties' differing interpretations of the provisions of a confirmed chapter 12 1 plan. Danny Ray Yett and Frances Ann Yett, dba Friesland Dairy ("Debtors"), filed an Objection to the proof of claim of creditor Zions Agricultural Finance ("Zions"), contesting their liability for fees they allegedly incurred for making late payments on their mortgage debt after...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . On October 14, 2015, the Court conducted a hearing concerning the Application for Approval of Compensation (Dkt. No. 71) filed in this case by attorney Randal J. French as attorney for Debtor Sharon Kay Bergmann, and the objection to that Application filed by creditor Royal Puckett (Dkt. No. 77). After considering the evidence, testimony and arguments of counsel for the parties, and of counsel for the Chapter 13 Trustee Kathleen...
MEMORANDUM OF DECISION Jim D. Pappas , United States Bankruptcy Judge . Introduction Two motions are before the Court, effectively presenting the different sides of the same coin. The first, filed by chapter 7 1 trustee, R. Sam Hopkins ("Trustee"), is a Motion for Turnover of Property ("the Turnover Motion"), in which Trustee seeks an order requiring the debtors Donny George Hunt and Leah Rose Hunt ("Debtors") to turn over a backhoe, trencher, flat trailer, plumbing equipment and tools (...
