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...
ORDER DENYING MOTION TO REOPEN CASE ROBERT J. KRESSEL , Bankruptcy Judge . This case is before the court on the motion of Stacie Richardson to reopen the case. Steven C. Opheim appeared on behalf of Richardson. The stated purpose of the motion is to enable Richardson to file a motion to obtain relief from the discharge injunction. She wishes to add the debtor as a defendant to a state court action, not to establish the debt as a personal liability of the debtor, but rather to access any...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE NUMBER OF OCCURRENCES ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came on for a hearing on the plaintiff's motion for partial summary judgment to establish a legal standard for determining the number of occurrences in the defendants' occurrence based policies. James R. Murray and Phillip L. Kunkel appeared for the plaintiff. Nancy D. Adams and Kristi K. Brownson appeared for Liberty...
MEMORANDUM DECISION Michael E. Ridgway United States Bankruptcy Judge At Fergus Falls, Minnesota, March 10, 2017. The matter before the Court strikes the heart of bankruptcy relief for an individual debtor: the debtor's discharge. The United States Trustee ("UST") commenced an adversary proceeding against the debtor, Ms. Kathy Lynn Petersen ("Ms. Petersen" or the "Debtor"), seeking the denial of her discharge on three grounds: 11 U.S.C. 727(a)(2)(A), (a)(2)(B), and (a)(4)(A). Colin...
MEMORANDUM AND ORDER KATHERINE A. CONSTANTINE , Bankruptcy Judge . This adversary proceeding came on for hearing on the U.S. Trustee's Motion to Amend Judgment. Colin Kreuziger appeared for the plaintiff and Bradley Kirscher appeared for the defendant. Background Chad Menter Hill ("Hill") petitioned for bankruptcy on December 21, 2014. On July 30, 2015, this court entered an order extending the deadline for the U.S. Trustee (the "Trustee") to file a complaint objecting to Hill's...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PROFESSIONAL SERVICE EXCLUSION ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came on for a hearing on the plaintiff's motion for partial summary judgment regarding the professional services exclusion in the Agricultural Insurance policies. James R. Murray, Jared Zolla and Phillip Kunkel appeared for the plaintiff and Nancy Adams and Kristi Brownson appeared for defendant, Liberty Mutual...
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON EXISTENCE OF INSURANCE POLICY ROBERT J. KRESSEL , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came on for a hearing on the plaintiff's motion for partial summary judgment regarding the existence of a Great American Insurance policy. James R. Murray and Phillip Kunkel appeared for the plaintiff and Nancy Adams and Kristi Brownson appeared for defendant, Liberty Mutual Insurance Company 1 . The court has...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS KATHLEEN H. SANBERG , CHIEF UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding originates from the failure of the Petters Ponzi scheme orchestrated by Thomas J. Petters and his associates, the history of which has been well documented in this district as well as others nationwide. 1 Liquidating Trustee Douglas A. Kelley ("Plaintiff") filed this adversary proceeding against BMO Harris Bank N.A., as successor to M & I...
