MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS JIM D. PAPPAS , Bankruptcy Judge . Introduction On August 30, 2017, Sandton Credit Solutions Master Fund III, L.P. ("Sandton") commenced this adversary proceeding against the reorganized debtor Hollifield Ranches, Inc. ("HRI"), Terry G. and Carol J. Hollifield, and J.R. Simplot Company ("Simplot"). Dkt. No. 1. On October 20, 2017, HRI filed an answer to Sandton's complaint and asserted four counterclaims against...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction This decision addresses the latest skirmish in what seems to be a never-ending war between chapter 13 1 debtor Sharon Kay Bergmann ("Debtor"), and the attorney for one of her creditors, Vernon K. Smith ("Smith"). The precise matter before the Court concerns the latest fee application filed by Debtor's counsel, Randal J. French ("French"), for services rendered to Debtor in this bankruptcy case. See Fourth...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U.S. BANKRUPTCY JUDGE . INTRODUCTION The matter before the Court is an objection by Todd Wilcox and Julie Neustadt ("Objectors") to the homestead exemption claimed by Chapter 13 debtor Mark Colafranceschi ("Debtor"). 1 See Doc. No. 28 (the "Objection"). While there are a number of other issues raised in regard to this chapter 13 case, they pend until the Objection is resolved. 2 The Objection came on for an evidentiary hearing on September...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U. S. BANKRUPTCY JUDGE . PROCEDURAL BACKGROUND The chapter 7 debtor, David Davies ("Davies"), filed his petition on November 30, 2015. 1 Davies received a discharge on March 14, 2016, and the case was closed as a no asset case on April 7, 2016. On January 27, 2017, Davies filed a state court complaint against Carmen Becker ("Becker"), a woman with whom he had been in an extended relationship. Becker filed an answer and asserted several...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction On July 5, 2017, chapter 13 1 trustee, Kathleen A. McCallister ("Trustee"), filed a motion to dismiss this case ("the Motion"). Dkt. No. 19. Relying upon the debts listed in his schedules, Trustee alleged in the Motion that debtor Stephen Derrick Mendenhall ("Debtor") is ineligible for chapter 13 relief because he exceeds the debt limit established by 109(e). Id. Thereafter, presumably in response to the Motion,...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction This preference action comes before the Court via competing motions for summary judgment. On May 23, 2017, chapter 7 1 trustee, Plaintiff Gary L. Rainsdon ("Trustee"), filed a Motion for Summary Judgment along with an accompanying brief, affidavit, exhibits, and statement of undisputed facts. Dkt. Nos. 19, 20, 21, 22. On June 6, 2017, Defendant America First Federal Credit Union ("America First") filed an opposition...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . I. Introduction In this adversary proceeding, plaintiff R. Sam Hopkins, the chapter 7 1 trustee ("Plaintiff"), seeks summary judgment against defendant Lynn Ladell Bridger ("Defendant") on two of the counts of his complaint. Dkt. No. 32. 2 Both Defendant and debtors Shawn David Bridger and KayeLynn Dunkley Bridger ("Debtors") oppose the motion. Dkt. Nos. 37, 40. The Court heard oral arguments on June 21, 2017, Dkt. No. 43, after...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . FACTUAL AND PROCEDURAL BACKGROUND Chapter 7 Trustee, Noah Hillen ("Trustee") initiated this adversary proceeding to challenge the security interest that Specialized Loan Servicing, LLC ("SLS") claims in Debtor's residence ("Property"). Adv. Doc. No. 29. 1 In response, SLS filed a motion to dismiss pursuant to Civil Rule 12(b)(6). Adv. Doc. No. 34 ("Motion"). A hearing was held on SLS's Motion and the matter was taken under...
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction On May 2, 2017, defendant Duke Partners II, LLC ("Defendant") filed a motion to dismiss this adversary proceeding under Civil Rule 12(b)(6) 1 for failure to state a claim. Dkt. No. 8. Plaintiff Teresa A. Baker ("Plaintiff"), the chapter 13 debtor in this bankruptcy case, opposes the motion. Dkt. No. 13. On June 6, 2017, the Court conducted a hearing concerning the motion at which the parties...
ORDER RE: TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION JIM D. PAPPAS , Bankruptcy Judge . For the reasons set forth in the Court's Memorandum of Decision filed herein, and for other good cause, IT IS HEREBY ORDERED THAT Trustee's Amended Objection to Claim of Exemption, Dkt. No. 19, shall be and is hereby DENIED, and Debtor's exemption claim for the wrongful death settlement proceeds pursuant to Idaho Code 11-604(1)(c) shall be and is hereby ALLOWED.
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction When chapter 7 1 debtor Julie Acarregui filed her bankruptcy petition, she held interests in three college savings accounts. See Schedule A/B, Dkt. No. 1. She claims, to the extent these accounts were not excluded from the bankruptcy estate under 541(b)(6), that the funds in the accounts are exempt pursuant to Idaho Code 11-604A. Am. Schedule C, Dkt. No. 83. Trustee Janine Reynard ("...
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction Debtors Elvin Warren Smith and Linda Loreen Smith filed a chapter 7 1 petition on July 29, 2016. Dkt. No. 1. On Schedule A/B, they listed their interest in an individual retirement account ("IRA") described as "U.S. Bank Retirement Plan, Traditional IRA, account ending in 1329" ("the U.S. Bank IRA") with a value of $60,656.26. Debtors claimed the funds in this IRA exempt on Schedule C, under...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Background and Facts In the pending motion, Defendant Monica Lynne Matthew asks the Court to set aside the "Default Judgment Denying Discharge" entered against her on February 27, 2017. Dkt. No. 12. Plaintiff Gary Rainsdon, the chapter 7 trustee in Defendant's bankruptcy case, objects to this request. Dkt. No. 17. The Court conducted a hearing on Defendant's motion on April 26, 2017. After taking the issues under advisement, the...
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction The Bankruptcy Code clothes a bankruptcy trustee with special powers to "avoid", or undo, transfers made by a debtor to others, in some situations, several years before a bankruptcy case is commenced. In designing bankruptcy proceedings to treat a debtor's creditors equitably, the trustee's avoiding powers serve to prevent a debtor from interfering with its creditor's rights to fairly share in...
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction In this chapter 13 1 case, the Court is called upon to address complicated dueling motions to modify a confirmed plan. The first motion was filed by Debtors Jose Luis Alonso and Erika Molina Alonso, Dkt. No. 89; the other was filed by the chapter 13 trustee, Kathleen A. McCallister ("Trustee"), Dkt. No. 107. The Court conducted a hearing on both motions on February 21, 2017, at which the...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction In this chapter 13 1 case, Debtors Miguel Juarez and Heidi Lizeth Juarez ("Debtors") have objected to the proof of claim filed by creditor Midland Credit Management, Inc. ("Midland Credit") as the agent for creditor Midland Funding LLC ("Midland Funding"). Dkt. No. 44. Midland Funding responded to the objection. Dkt. Nos. 50. The Court conducted an evidentiary hearing on February 21, 2017, and took the objection...
MEMORANDUM DECISION TERRY L. MYERS , Chief Bankruptcy Judge . BACKGROUND AND FACTS Debtor Kristin Dudley ("Dudley") and James Jewett ("Jewett") were divorced on August 1, 2014. Thereafter, Dudley engaged attorney Jeffrey A. Strother ("Strother") to seek a modification of the judgment and decree of divorce. 1 Ultimately, an amended judgment ("Amended Judgment") was entered in the divorce case. The Amended Judgment contained the following provision: 5. Petitioner [Jewett] shall cause JLJ,...
MEMORANDUM OF DECISION TERRY L. MYERS , Chief Bankruptcy Judge . Before the Court is a question of the amount of attorneys' fees and costs to be allowed to North Sky Communications, Inc. ("Plaintiff"), for successfully bringing a motion to compel discovery against Ronald Ivie ("Defendant"). See Doc. Nos. 25 ("Motion") and 28 (January 23, 2017 minute entry). Plaintiff filed its affidavit of attorneys' fees and Defendant filed an objection to the same. The issue is ripe for decision....
MEMORANDUM OF DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction Chapter 7 trustee 1 R. Sam Hopkins ("Trustee") objects to the proof of claim filed in this chapter 7 case by Duncan Limited Partnership ("DLP"). Dkt. No. 392. DLP contests Trustee's objection. Dkt. No. 409. The Court conducted a hearing concerning the objection on December 13, 2016, at which the parties presented evidence and testimony. See Minute Entry, Dkt. No. 438. Closing arguments were...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION On January 30, 2015, Cesar Alcaraz ("Debtor") commenced this chapter 13 case 1 by filing a voluntary petition. 2 Debtor is an above median income debtor with a 60 month applicable commitment period. See Doc. No. 6 (Debtor's Form 22C). The chapter 13 trustee, Kathleen McCallister ("Trustee"), objected to Debtor's amended chapter 13 plan because Debtor did not propose to contribute all his projected, monthly...
