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...
