MEMORANDUM OF DECISION JOSEPH M. MEIER , U.S. BANKRUPTCY JUDGE Introduction On August 31, 2018, the chapter 7 1 Trustee, Noah G. Hillen ("Trustee"), filed an objection to debtors' Larry Wayne Leach and Merinda Anne Leach ("Debtors") claim of exemption. Dkt. No. 25. The Debtors responded to the objection, and on October 30, 2018, the Court conducted an evidentiary hearing at which evidence, testimony, and argument were presented. Thereafter, the Court took the objection under advisement....
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION, DOC. NO. 358 TERRY L. MYERS , Chief Bankruptcy Judge . INTRODUCTION On October 17, 2018, this Court issued a Memorandum of Decision (the "Decision") containing its findings of fact, conclusions of law following Phase II of the trial in the instant adversary proceeding. Doc. No. 357. 1 In the Decision, the Court found the defendant, Marty Goldsmith ("Goldsmith"), was liable under 548 and 550 2 to the plaintiff, James Zazzali ("Zazzali"),...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U. S. BANKRUPTCY JUDGE . INTRODUCTION James R. Zazzali ("Plaintiff") is the trustee for the jointly-administered estates of DBSI, Inc., an Idaho corporation ("DBSI"), and certain DBSI affiliated debtors and consolidated non-debtors. Plaintiff is also the litigation trustee for the DBSI Estate Litigation Trust formed under a confirmed chapter 11 plan, and charged inter alia with pursuing transfer avoidance actions. In November 2010,...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court is a request for evidentiary rulings on the admissibility of the deposition testimony of two deponents, as well as the admissibility of the exhibits used during each individuals. During the case, the parties agreed to admit into evidence the depositions de bene esse of Michael Attiani ("Attiani") and Merriah Harkins ("Harkins"), both of whom were geographically outside the reach of the Court's subpoena power. Doc....
JOSEPH M. MEIER , Bankruptcy Judge . Introduction Before the Court is a motion for turnover of attorney's fees filed by chapter 7 1 Trustee R. Sam Hopkins ("Trustee"). Dkt. No. 86. Trustee asks this Court to order the turnover of $3,595 of the pre-petition attorney's fees paid by Matthew D. Rodenbough and Jessie J. Rodenbough ("Debtors") to Debtors' bankruptcy counsel in this case, Avery Law ("Counsel"). Id. Counsel objected to the motion. Dkt. No. 91. The Court heard oral argument on...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction Before the Court is a motion for partial summary judgment filed by Plaintiffs Jamie R. Voit and Katrina Martin (collectively "Plaintiffs") against defendant Andrew Shane Mowery ("Defendant"), who objected to the motion. The matter was set for hearing on August 8, 2018, at which time the parties argued their respective positions and following the hearing, the motion was taken under advisement. The Court has...
MEMORANDUM OF DECISION. TERRY L. MYERS , Bankruptcy Judge . John Avery and Mark Avery (the "Averys") brought this action against chapter 7 debtors Eric and Amanda Mikkelsen (the "Mikkelsens"). The Averys were counsel for the Mikkelsens prior to and at the commencement of the Mikkelsens' chapter 7 bankruptcy case on November 18, 2016. The Averys remained the Mikkelsens' bankruptcy attorneys until another attorney, Randal French, substituted in as counsel for the Mikkelsens on March 15, 2017....
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . The chapter 7 trustee, Noah Hillen ("Trustee") filed a Motion to Approve Compromise, Doc. No. 99 ("Motion"). Under the Motion, chapter 7 debtors Eric and Amanda Mikkelsen ("Debtors") and Allen and Lynette Mikkelsen (the "Mikkelsens") will collectively pay $80,000. Motion at 11 (Ex. A, agreement, at 3(a)). Trustee asserts the settlement amount, along with the proceeds of a prior approved compromise, see Doc. No. 96, will enable...
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR RULE 54(b) CERTIFICATION, DOC. NO. 184 TERRY L. MYERS , Bankruptcy Judge . BACKGROUND This case has a long history, which need not be repeated at length. The relevant background can be quickly summarized. On December 3, 2013, debtor Allen L. Wisdom ("Plaintiff") filed a complaint initiating this adversary proceeding, and the complaint was later amended to add additional defendants. Adv. Doc. Nos. 1, 78. Among the defendants were chapter 7...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction On July 28, 2017, David Loewenstein ("Debtor") filed an adversary complaint in this reopened chapter 7 1 case, seeking to establish that certain student loan debts owed to the United States Department of Education ("Education") may be discharged. Dkt. No. 1. Debtor amended the complaint, first on October 31, 2017, Dkt. No. 8, and again on January 18, 2018. Dkt. No. 26. Education filed an answer to the second amended...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction In this case, the chapter 7 1 trustee, R. Sam Hopkins ("Trustee"), objects to the claim of exemption in certain future residual income of the debtor, Carol Lott ("Debtor"). Dkt. No. 34. Debtor responded to the objection. Dkt. No. 38. The Court thereafter conducted an evidentiary hearing on the matter on April 18, 2018, after which the parties submitted closing briefs. Dkt. Nos. 42, 47, and 50. Trustee's objection...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U. S. BANKRUPTCY JUDGE . Plaintiffs FTE Networks, Inc. and its wholly owned subsidiary Jus-Com, Inc. (referred to collectively as "FTE") brought this adversary proceeding seeking to except a debt from the discharge of defendant, chapter 7 debtor Ronald Ivie, Jr. ("Ivie"), under 523(a)(6). 1 The matter was tried on October 18 and 19, 2017. 2 After the parties submitted written closing arguments, the matter was taken under advisement on...
MEMORANDUM OF DECISION JOSEPH M. MEIER , U. S. BANKRUPTCY JUDGE . Introduction Before the Court is a summary judgment motion filed by Bryan and Kristina Herrera ("Plaintiffs"). Dkt. No. 7. Chapter 7 debtor James H. Scott ("Defendant") opposes the motion. 1 Dkt. No. 9. The Defendant is the debtor in Case No. 18-00164-JMM filed February 14, 2018. Dkt. No. 7. On April 20, 2018, Plaintiffs filed a motion for summary judgment, along with a statement of undisputed facts, supporting...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction Before the Court are three motions for summary judgment and three motions for partial summary judgment filed in three separate adversary proceedings. Although the adversary cases are not consolidated, because the issues are identical and all relate to the same underlying bankruptcy case, the Court will dispose of all the pending motions in one decision. Facts and Procedural History A. The Cases 1. In re Shiloh...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction Defendants Paul and Mikki Hathaway ("Defendants") moved to dismiss the complaint filed by the plaintiffs, Janet and Robert Nelson ("Plaintiffs"), under Rule 1 7012 which incorporates Civil Rules 12(b)(6) and (b)(9). Dkt. No. 10. In their supporting brief, Defendants raised four separate grounds for dismissal of the Complaint. Dkt. No. 10-1. First, that the complaint, which seeks to determine that the debts owed to...
MEMORANDUM OF DECISION TERRY L. MYERS , CHIEF U.S. BANKRUPTCY JUDGE . INTRODUCTION Before the Court is a motion for partial summary judgment, Adv. Doc. No. 93 ("Motion"), filed by cross-claimant Rabo Agrifinance Inc. ("Rabo"). Rabo asserts it is entitled to a ruling that, to the extent debtor Farmers Grain, LLC ("Farmers Grain") is the owner of grain inventory in its possession at the time the petition was filed, any grain producers' liens against such inventory are subordinate to Rabo's...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction Before the Court is a summary judgment motion filed by Defendants Win Realty, LLLP ("Win") doing business as Keller Williams Realty East Idaho ("Keller") and Mike Hicks ("Hicks") (collectively "Defendants"). Dkt. No. 17. The chapter 7 1 trustee, Gary L. Rainsdon ("Trustee") opposed the motion. Dkt. No. 32. The Court heard oral argument on the matter on April 16, 2018, and thereafter took the motion under advisement....
MEMORANDUM OF DECISION ON MOTION FOR SANCTIONS, DOC. NO. 337 TERRY L. MYERS , Chief Bankruptcy Judge . On March 14, 2018, chapter 7 debtors Shawn and Heather Montee ("Debtors") filed a "Motion for 362(k) Sanctions and Contempt." See Doc. No. 337 ("Debtors' Sanctions Motion"). 1 Debtors' Sanctions Motion targets creditor Robert Wolford ("Wolford") for his conduct in Wolford v. Montee, Case No. CV-2014-4713, First Judicial District, State of Idaho, Kootenai County (the "State Court...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction In this adversary proceeding, chapter 7 1 trustee Gary L. Rainsdon ("Trustee") asks the Court to revoke the discharge entered in their bankruptcy case in favor of debtors Stephen J. Anderson and Melanie Anderson ("Debtors"). Dkt. No. 1. The Court conducted a trial at which the parties offered evidence and testimony, post-trial briefing was submitted in lieu of closing arguments, and the issues were taken under...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction This action highlights some of the administrative and logistical challenges arising when a lender engages in a remote transaction with borrowers residing in a different state. As will be seen, those challenges are potentially heightened when the borrowers seek bankruptcy relief shortly after the transaction occurs. Because the prospect of a bankruptcy filing is always present, the lender must adjust its policies and...
