ORDER DENYING DEBTOR'S MOTION FOR VALUATION OF CLAIM OF HOMETOWN CREDIT UNION AND DENYING CONFIRMATION OF PLAN GREGORY F. KISHEL , Bankruptcy Judge . The Debtor in this case filed for relief under Chapter 13 on December 30, 2014. At that time, she owned a house (including the underlying real estate) in Faribault, Minnesota. For her bankruptcy filing, she scheduled two creditors' claims as secured by mortgage liens against the real estate: one held by Green Tree Servicing, LLC and one held...
MEMORANDUM OPINION AND ORDER MICHAEL E. RIDGWAY , Bankruptcy Judge . This matter came before the Court on May 28, 2015, on the Amendment to Debtor's Motion for Authority to Transfer Real Property by Quitclaim Deed from Debtor to Ocwen Loan Servicing, LLC ("Amended Motion"). Lynn J.D. Wartchow appeared on behalf of the Debtor. Karl Johnson appeared on behalf of the chapter 13 trustee. The Court ordered supplemental briefing, which was completed on June 15, 2015. Based on the submissions and...
ORDER ON PETITIONER'S MOTION FOR ABSTENTION AND REMAND GREGORY F. KISHEL , Bankruptcy Judge . In early 2005, Debtor A.P.I., Inc. filed for relief under Chapter 11. It did so because it was faced with a multi-part problem: multiple, substantial claims in litigation against it, for damages based on plaintiffs' exposure to asbestos in materials sold or installed by it; at least one very large unsatisfied judgment on such liability; and substantial contests with its liability insurers over the...
MEMORANDUM OPINION AND ORDER FOR JUDGMENT KATHLEEN H. SANBERG , UNITED STATES BANKRUPTCY JUDGE . At Minneapolis, Minnesota, November 25, 2015. This adversary proceeding came on for trial on September 15, 2015, to determine whether an alleged debt owed by defendant Barry Gene Sulier to plaintiff Jose Mario Lopez Hernandez should be excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4) or (a)(6). The debt arose out of a sale of property by Jessica Sweno to the plaintiff....
ORDER ON PETITIONER'S MOTION FOR ABSTENTION AND REMAND GREGORY F. KISHEL , CHIEF UNITED STATES BANKRUPTCY JUDGE In early 2005, Debtor A.P.I., Inc. filed for relief under Chapter 11. It did so because it was faced with a multi-part problem: multiple, substantial claims in litigation against it, for damages based on plaintiffs' exposure to asbestos in materials sold or installed by it; at least one very large unsatisfied judgment on such liability; and substantial contests with its...
ORDER DENYING DEBTOR'S MOTION FOR VALUATION OF CLAIM OF HOMETOWN CREDIT UNION AND DENYING CONFIRMATION OF PLAN GREGORY F. KISHEL , CHIEF UNITED STATES BANKRUPTCY JUDGE The Debtor in this case filed for relief under Chapter 13 on December 30, 2014. At that time, she owned a house (including the underlying real estate) in Faribault, Minnesota. For her bankruptcy filing, she scheduled two creditors' claims as secured by mortgage liens against the real estate: one held by Green Tree Servicing,...
MEMORANDUM OPINION AND ORDER Michael E. Ridgway , United States Bankruptcy Judge . This matter came before the Court on May 28, 2015, on the Amendment to Debtor's Motion for Authority to Transfer Real Property by Quitclaim Deed from Debtor to Ocwen Loan Servicing, LLC ("Amended Motion"). Lynn J.D. Wartchow appeared on behalf of the Debtor. Karl Johnson appeared on behalf of the chapter 13 trustee. The Court ordered supplemental briefing, which was completed on June 15, 2015. Based on the...
ORDER Katherine A. Constantine , United States Bankruptcy Judge . This matter came before the court on the plaintiff-trustee's second amended complaint pursuant to 11 U.S.C. 541, 542, 544(b), 550 and 551 and Minn.Stat. 513.44, 513.45 and 513.47, to avoid and recover from the defendant an alleged fraudulent transfer. 1 At the conclusion of the trial, both parties were allowed time to file supplemental post-trial briefs. 2 Both parties did so and the matter was thereafter taken under...
ORDER RE: EFFECT OF STATUTORY AMENDMENT ON CASE AGAINST CHARITABLE DEFENDANTS GREGORY F. KISHEL , CHIEF UNITED STATES BANKRUPTCY JUDGE . These adversary proceedings are before the court on motions for dismissal made by Defendants Sabes Family Foundation ("the Sabes Foundation") and The Minneapolis Foundation (in ADV 10-4301) and Defendant Northwestern Foundation (in ADV 10-4352). 1 In his original and amended complaints, the Plaintiff sought to avoid payments of money that one or more...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DISMISSAL WITH PREJUDICE Michael E. Ridgway , United States Bankruptcy Judge This adversary proceeding came on for trial before the Court. Matthew D. Swanson appeared on behalf of the Plaintiff, Randall L. Seaver, Trustee ("Trustee"). Thomas J. Flynn and Richard J. Reding appeared on behalf of the Defendant, Joanne Ashenfelter. At the conclusion of the trial, the Court requested that the parties submit proposed findings of fact and...
MEMORANDUM OPINION AND ORDER Michael E. Ridgway , United States Bankruptcy Judge . This matter came on for evidentiary hearing before the Court on December 16, 2014, upon the chapter 7 Trustee's ("Trustee") motion for a determination that conversion from chapter 13 to chapter 7 was done in bad faith under 11 U.S.C. 348(f)(2), and for a determination that the "inheritance" 1 received by the Debtors during the chapter 13 bankruptcy filing is property of the chapter 7 bankruptcy estate (...
Chapter 7 ORDER ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE This case came on for hearing on December 11, 2014 on an application for compensation and reimbursement of expenses by Larkin Hoffman Daly & Lindgren, Ltd. The trustee and the United States Trustee object to the application. Patrick B. Hennessy appeared on behalf of Dwight R.J. Lindquist, the trustee; Michael R. Fadlovich appeared on behalf of the United States Trustee; Kenneth Corey-Edstrom appeared on behalf of Larkin...
ORDER DISMISSING ADVERSARY PROCEEDING FOR LACK OF JURISDICTION GREGORY F. KISHEL , CHIEF UNITED STATES BANKRUPTCY JUDGE The plaintiffs in this adversary proceeding are the debtors in the underlying Chapter 13 case. 1 The case has been pending since May 7, 2013. The Les' plan was confirmed on May 22, 2014. The Les have appeared pro se throughout the case and the several contested proceedings within it. This adversary proceeding is the second one the Les have commenced on the same...
