MEMORANDUM OPINION AND ORDER Kathleen H. Sanberg , United States Bankruptcy Judge . At Minneapolis, Minnesota, March 5, 2020. This adversary proceeding came on for trial on September 30, 2019, to determine the dischargeability of a debt arising out of a stabbing at a New Year's Eve party in 2014. Lee Orwig and Ruth Honkanen appeared on behalf of Plaintiff Daniel N. Kerkinni. Defendant Michael John Riehm appeared pro se. On October 1, 2019, the Court ordered supplemental post-trial...
MEMORANDUM DECISION Michael E. Ridgway , Chief United States Bankruptcy Judge . At Minneapolis, Minnesota, October 25, 2019. On August 7, 2019, the Court held a hearing on the chapter 7 trustee's Motion for Turnover, together with the debtor's response thereto. Mary Sieling appeared on behalf of the trustee, Nauni Jo Manty, and Thomas Olive appeared on behalf of the debtor. At the conclusion of the hearing, the Court invited the parties to file contemporaneous supplemental memoranda. Both...
MEMORANDUM OPINION AND ORDER KATHLEEN H. SANBERG , UNITED STATES BANKRUPTCY JUDGE At Minneapolis, Minnesota, August 22, 2019. This adversary proceeding came on for trial on March 19, 2019, to determine whether the balance of a jointly owned E*Trade account reported on the debtor's bankruptcy schedules is property of the estate and subject to turnover. Ralph Mitchell appeared on behalf of Plaintiff and Michael Hoverson appeared on behalf of Defendants. On March 20, 2019, the Court ordered...
MEMORANDUM DECISION Michael E. Ridgway , Chief United States Bankruptcy Judge At Minneapolis, Minnesota, August 7, 2019. On November 29, 2018, the Court held a hearing on a motion by the Gander Mountain Liquidating Trust (the "Trust") in which the Trust objected to claims filed by certain individuals known throughout these proceedings as the "Key Executives." 1 The Key Executives filed a timely response. After the hearing, the Court granted the parties until January 18, 2019, to submit...
ORDER GRANTING PLAINTIFF'S MOTION FOR RULE 37 SANCTIONS FOR DEFENDANT'S SPOLIATION OF EVIDENCE KATHLEEN H. SANBERG , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on Liquidating Trustee Douglas A. Kelley's ("Plaintiff") Motion for Rule 37 Sanctions for the Spoliation of Evidence by BMO Harris Bank N.A. ("Defendant"). 1 On March 5, 2019, the Court heard oral argument on Plaintiff's motion. Michael Collyard appeared for Plaintiff and Richard Spehr appeared for Defendant....
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT KATHLEEN H. SANBERG , UNITED STATES BANKRUPTCY JUDGE . On March 5, 2019, the Court heard oral argument on Defendant's Motion for Summary Judgment. Keith Moheban appeared for Defendant and Thomas Hamlin appeared for Plaintiff. The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 157(b)(1) and 1334, Fed. R. Bankr. P. 7001, and Local Rule 1070-1. This is a core proceeding within the meaning of 28 U.S.C. 157(...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT KATHLEEN H. SANBERG , UNITED STATES BANKRUPTCY JUDGE . On March 4, 2019, the Court heard oral argument on Plaintiff's Partial Motion for Summary Judgment. Eric Lopez Schnabel and J. David Jackson appeared for Plaintiff. Kevin Hofman appeared for Defendant. On March 11, 2019, the Court ordered supplemental briefing. 1 Responses were filed and the motion was submitted for decision on April 1, 2019. The Court has jurisdiction...
MEMORANDUM DECISION AND ORDER Michael E. Ridgway , United States Bankruptcy Judge . At Minneapolis, Minnesota, March 1, 2019. On September 22, 2017, Daniel Frank Mus ("the debtor" or "Mus") filed a petition under chapter 7 of the Bankruptcy Code. 1 ECF No. 1. The debtor seeks to avoid certain judicial liens under section 522(f)(1), claiming that they impair the exemption he claimed on his homestead. ECF Nos. 28, 32. The debtor's ex-spouse, Christine Mudge ("Mudge"), objected to that part...
MEMORANDUM DECISION MICHAEL E. RIDGWAY , Bankruptcy Judge . At Minneapolis, Minnesota, November 30, 2018. This voluntary chapter 13 case came before the Court on the "Motion for Hearing for Final Application for Fees and Expenses by Law Firm for Debtors." The chapter 13 Trustee filed a response in opposition to the application. A hearing was held on the issue on October 11, 2018. Kenneth Keate appeared on behalf of the debtors, and Jeffrey Bruzek appeared for the Trustee. At the...
MEMORANDUM OPINION AND ORDER KATHLEEN H. SANBERG , CHIEF UNITED STATES BANKRUPTCY JUDGE . At Minneapolis, Minnesota, November 2, 2018. This adversary proceeding came on for trial beginning on May 29, 2018, and ending on May 30, 2018, to determine whether Defendant Craig Jeffrey Zaligson's discharge should be revoked pursuant to 11 U.S.C. 727(d)(1). Colin Kreuziger appeared on behalf of Plaintiff and William Skolnik appeared on behalf of Defendant. This Court has jurisdiction over this...
MEMORANDUM AND ORDER DETERMINING DISCHARGEABILITY OF A DEBT ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came on for trial on July 23, 2018 on the plaintiff's complaint to determine the dischargeability of a debt under 11 U.S.C. 523(a)(2)(A) and 11 U.S.C. 523(a)(4). Richard G. Jensen appeared for the plaintiff. John H. Bray appeared for the defendant. This court has jurisdiction over this adversary proceeding pursuant to 28 U.S. 157(b)(1) and 1334,...
MEMORANDUM OPINION AND ORDER ROBERT J. KRESSEL , Bankruptcy Judge . This adversary proceeding came on for trial on July 17, 2018 on the plaintiff's complaint seeking to avoid and recover transfers made to the defendant. Andrea M. Hauser appeared for the plaintiff. Alexander J. Beeby appeared for the defendant. This court has jurisdiction over this adversary proceeding pursuant to 28 U.S. 157(b)(1) and 1334, and Local Rule 1070-1. This is a core proceeding within the meaning of 28 U.S.C....
MEMORANDUM DECISION MICHAEL E. RIDGWAY , Bankruptcy Judge . At Fergus Falls, Minnesota, July 31, 2018. On October 20, 2017, Stanley Ray Jacklitch filed a petition under chapter 7 of the Bankruptcy Code. ECF No. 1. Don R. Krassin represents him. After the debtor filed amended schedules, ECF No. 16, the trustee, David G. Velde, represented by Logan Moore, filed an amended motion objecting to the debtor's claim of exemptions. Am. Mot., ECF No. 19. The debtor claimed $44,809.64 in an IRA at...
MEMORANDUM OPINION AND ORDER KATHLEEN H. SANBERG , Bankruptcy Judge . This adversary proceeding came on for a one day trial commencing on October 13, 2017, to determine whether the Court should deny the defendants' discharge. For the reasons stated below, the Court finds in favor of the plaintiff and the defendants' discharge is denied. TRIAL BACKGROUND At trial, Michael R. Fadlovich appeared on behalf of the plaintiff; and Thomas H. Olive appeared on behalf of the defendants. After...
MEMORANDUM OPINION AND ORDER KATHLEEN H. SANBERG , CHIEF UNITED STATES BANKRUPTCY JUDGE . This case came on for two days of evidentiary hearing commencing on August 7, 2017, and concluding on September 15, 2017, on the debtor's Motion to Disallow Claim # 2-4, in Part, and Objection to Proof of Claim # 2-4. The debtor, Wendy Alison Nora, appeared in propria persona ; and Michael R. Pahl appeared on behalf of the claimant, Department of the Treasury — Internal Revenue Service. This Court...
Michael E. Ridgway , United States Bankruptcy Judge . MEMORANDUM DECISION At Fergus Falls, Minnesota, January 23, 2018. The chapter 7 trustee, David G. Velde, seeks to revoke the discharge of the debtor, Dennis Michael Thiel, Jr., under 11 U.S.C. 727(d)(2). 1 A trial occurred on November 22, 2017. Michael R. Ruffenach represents the debtor. Logan M. Moore represents the chapter 7 trustee. The Court will now decide the matter. This memorandum decision constitutes the Court's...
MEMORANDUM AND OPINION KATHLEEN H. SANBERG , Chief Bankruptcy Judge . At Minneapolis, Minnesota, January 17, 2018. This proceeding came on for hearing upon Thomas G. Stapleton (the "Defendant")'s Motion to Dismiss Adversary Proceeding. For the reasons stated below, the Motion is denied. The Defendant filed this Motion to Dismiss on October 25, 2017. Douglas A. Kelley, in his capacity as the Trustee of the PCI Liquidating Trust (the "Plaintiff") filed a response to the Motion on November...
MEMORANDUM AND OPINION KATHLEEN H. SANBERG , Chief Bankruptcy Judge . At Minneapolis, Minnesota, January 17, 2018. This proceeding came on for hearing upon William M. McDonald (the "Defendant")'s Motion to Dismiss Adversary Proceeding. For the reasons stated below, the Motion is denied. The Defendant filed this Motion to Dismiss on October 25, 2017. Douglas A. Kelley, in his capacity as the Trustee of the PCI Liquidating Trust (the "Plaintiff") filed a response to the Motion on November...
ORDER DENYING CONFIRMATION OF THE COMMITTEE OF UNSECURED CREDITORS' PLAN DATED AND FILED ON DECEMBER 19, 2016. ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This case came on a hearing on August 29, 2017 on legal objections 1 to the second amended plan filed by the committee of unsecured creditors. Appearances were noted on the record. For reasons stated below, confirmation of the committee's plan is denied. 1. The High School Campuses North American Banking Company and...
ORDER DENYING CONFIRMATION OF DEBTOR'S PLAN DATED AND FILED ON DECEMBER 19, 2016 ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This case is before the court on legal objections 1 to confirmation of the debtor's plan dated December 19, 2016. Appearances were noted on the record. For reasons stated below, confirmation of the debtor's plan is denied. 1. Objection of the Crosier Fathers and Brothers Province, Inc., and Crosier Fathers of Onamia While the Crosiers filed a...
