MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before this Court is the motion of Defendants, David R. Unruh Trust and David R. Unruh, for a jury trial in this adversary proceeding. The Court determines that the motion will be denied, and it will enter an order accordingly. On April 9, 2019, chapter 7 trustee, Noah G. Hillen ("Plaintiff"), filed his complaint seeking recovery under 547(b) and 550(a) 1 of $300,000 transferred prepetition by Farmer's Grain, Inc. ("Debtor"),...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before this Court is the motion of Defendant, Burke Electric, Inc., for a jury trial in this adversary proceeding brought by chapter 7 trustee, Noah G. Hillen ("Plaintiff"), to avoid transfers pursuant to 547(b), 549, and 550(a). 1 The Court determines that motion will be denied, and it will enter an order accordingly. On March 18, 2019, Plaintiff filed his complaint seeking recovery under 549 and 550 of $2,734 transferred...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction In this chapter 7 case, the Court addresses an issue concerning the scope of property included in the bankruptcy estate. 1 The chapter 7 trustee, Gary L. Rainsdon ("Trustee"), filed his final report on September 4, 2019. Dkt. No. 49. On September 12, 2019, the debtors, Dennis O. Bardales and Estela Bardales ("Debtors"), filed an objection ("Objection") to Trustee's final report claiming that $5,608.54...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Introduction Banner Bank ("Plaintiff") filed a six-count adversary proceeding seeking relief against Wells Wyatt ("Defendant") under various subsections of 523 and 727 of the Bankruptcy Code on February 14, 2018. 1 On August 21, 2019, after a four-day trial in the adversary proceeding, this Court entered an order denying Defendant his chapter 7 discharge under 727(a)(3) (failure to keep or preserve adequate...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction Before the Court is a motion to consider an award of costs and attorneys' fees (the "Fee Motion") filed by JA, LLC d/b/a Leku Ona (the "Plaintiff"). Dkt. No. 182. On June 25, 2019, Plaintiff obtained a judgment of $2,490 in its action under 523(a)(2)(A) against Eduardo L. Sarria (the "Defendant"). Dkt. Nos. 178, 179. 1 Pursuant to that judgment, Plaintiff now seeks an award of attorneys' fees under...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction Before the Court is an adversary proceeding in which Banner Bank ("Plaintiff") seeks a determination that the debts owed to it by Wells Wyatt ("Defendant") are either (1) nondischargeable as to Banner Bank under 523(a)(2) 1 because of Defendant's fraudulent statements, or (2) nondischargeable as to Banner Bank because Defendant's bankruptcy discharge as to all debts should be denied under either 727(a)(3)...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Introduction In its adversary complaint, the chapter 7 1 trustee, R. Sam Hopkins ("Plaintiff"), seeks to avoid the post-petition lien of creditor Freedom Mortgage Corporation ("Freedom") and to recover the property for the benefit of the estate. Dkt. No. 1. On June 19, 2019, Plaintiff filed a motion for summary judgment, to which Defendants filed an opposition, after which the matter was fully briefed. Dkt. Nos. 48,...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND Randal French ("French") was the attorney for debtors Joseph and Heather Soelberg in this bankruptcy case. 1 On August 7, 2019, French filed a "Motion for Writ of Execution and for Continuing Garnishment," Doc. No. 317 ("Motion"). 2 The Motion requests that the Court enter an "order directing the Clerk of the Court to execute and issue the attached Writs of Execution and for Continuing Garnishment" directed at the...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . In this adversary proceeding, B.K.L.N., a minor child; the estate of Jeffrey Marfice (deceased); and Douglas S. and Jeanne M. Marfice (collectively "Plaintiffs") contend that when defendant Tyler M. Finlay ("Finlay") struck Jeffrey Marfice ("Marfice"), he acted willfully and maliciously and, therefore, Plaintiffs' claims are nondischargeable under 523(a)(6). 1 The matter comes before the Court on Plaintiffs' motion for summary...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Procedural History and Facts Debtors Dale and Heather Haworth ("Debtors") filed their chapter 7 1 bankruptcy petition on January 23, 2019. Dkt. No. 1. In their schedules, they listed two vehicles: a 2007 Hummer H3 ("Hummer") and a 1937 Ford Tudor ("Ford"), and included the following note about the Ford: "Bad Transmission — fair condition." Id. Debtors claimed both vehicles exempt in the amount of $7,000 each under...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction and Procedural History On October 27, 2018, debtors Wayne Glenn Holland and Misty Jo Holland ("Debtors") filed a chapter 12 1 petition. Dkt. No. 1. On March 22, 2019, they filed an amended chapter 12 plan, Ex. 100 (the "Plan"). A supplement to the Plan was filed on April 3, 2019. Dkt. No. 94. Objections to the Plan as proposed were filed, Dkt. Nos. 97, 107, and 116, and stipulations were subsequently entered...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND AND FACTS 1 Julie Lyon ("Debtor") filed a voluntary chapter 7 petition on February 11, 2019, commencing this case. Doc. No. 1. Among the creditors listed in Debtors' schedules is JC Hospitalists, PLLC ("JCH"). Doc. No. 21 at 22. Debtor asserts JCH holds a contingent, unliquidated and disputed unsecured claim. Id. Debtor also notes that this claim was the subject of a lawsuit against Debtor and others pending at the...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction Before the Court is an adversary proceeding in which JA, LLC d/b/a Leku Ona ("Plaintiff") objects to the discharge of a debt owed to it by Eduardo Sarria ("Defendant") under 523(a)(2)(A). 1 , 2 Dkt. No. 1. Plaintiff alleges Defendant incurred a debt to Plaintiff by false pretenses, false representations, or actual fraud when he billed Plaintiff for food and wine he did not deliver. On May 15 and 16, 2019,...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction The case before the Court takes place at the intersection of a deed of trust, a deed in lieu of foreclosure, and a bankruptcy filing. In this case, the chapter 7 1 trustee, Noah G. Hillen ("Plaintiff"), filed an adversary complaint naming as defendant the Wilmington Savings Fund Society, FSB, d/b/a Christina Trust as Owner Trustee of the Residential Credit Opportunities Trust III ("Defendant"). Dkt. No. 1. The...
MEMORANDUM OF DECISION ON DEBTOR'S MOTION TO AVOID JUDGMENT LIEN JOSEPH M. MEIER , Chief Bankruptcy Judge . This matter came before the Court based on the Debtor's Amended Motion to Avoid Lien on Exempt Property filed on March 22, 2019 (Docket No. 43). ("Amended Motion"). The Debtor initially filed his Motion to Avoid Lien on Exempt Property (Docket No. 35) ("Original Motion") and David O. Kingston ("Kingston") objected on March 21, 2019. (See Docket No. 39). Kingston's objection to the...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction Before the Court are two motions filed by the debtors in this case, James Michael Lovey and Julia Danielle Kinsey ("Debtors"). The first is titled "Second Corrected Amended Chapter 11 1 Final Report," Dkt. No. 150, and is, in essence, a motion for entry of an early discharge. The second motion is one seeking to modify Debtors' confirmed chapter 11 plan, Dkt. No. 161, to which the United States Trustee ("...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND On January 26, 2018, Misty Jean McNabb and Paul Eugene McNabb Jr. ("Debtors") filed a chapter 13 petition for bankruptcy relief. Doc. No. 1. On May 16, 2018, the case was converted to one under chapter 7 and Noah Hillen was appointed chapter 7 trustee ("Trustee"). On December 27, 2018, Trustee filed a complaint against Paul McNabb Sr., Rebecca McNabb (the "McNabbs"), and Paul's Harley Service and Repair, Inc. (the "...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION Praveen Khurana ("Debtor") filed a petition under chapter 13 on January 23, 2013, commencing Case No. 13-20058-TLM. That case was converted to chapter 7 on May 7, 2013. Debtor received a chapter 7 discharge on September 20, 2013, and the case was closed as a "no-asset" case that same date. The case was reopened on June 26, 2015. 1 On January 18, 2019, Debtor filed a pro se "Complaint for Adversary Proceeding —...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Rhino Rush, LLC, an Idaho limited liability company ("Debtor"), filed a petition under chapter 11 at approximately 3:00 p.m. on March 22, 2019, commencing this case. 1 Later that same day, Debtor filed the complaint commencing Adversary Proc. No. 19-06019-TLM. Debtor is suing Raw Pharma, LLC ("Raw Pharma") and Rhino Rush, LLC, a separate entity with a name identical to Debtor's. 2 The Complaint, Adv. Doc. No. 1, "seeks injunctive...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION On April 16, 2015, Timothy Resler ("Resler") and Kimberly Resler (collectively, "Debtors") filed a petition under chapter 7. 1 That case remains open and is being administered by the chapter 7 trustee, Janine Reynard ("Trustee"). 2 On May 30, 2018, Resler filed in the District Court of the Fourth Judicial District of the State of Idaho, Ada County, a complaint against Ben Helton ("Helton") and Mineral King, LLC d/b/...
