MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this adversary proceeding Plaintiff/Debtor B-Bar Tavern Inc. ("B-Bar Tavern") objects to Proof of Claim No. 1 filed by creditor Prairie Mountain Bank ("PMB") and seeks to invalidate the Trust Indenture ("TI") securing PMB's debt and avoid PMB's lien on Plaintiff's property, and also seeks attorney fees. PMB answers that it honored all agreements with B-Bar Tavern, and PMB requests reformation of the TI based on mutual mistake,...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. Pending in this adversary proceeding is the motion for summary judgment (Docket No. 57) filed by Defendant Prairie Mountain Bank ("PMB"), which seeks summary judgment in its favor on all counts of Plaintiff's complaint, plus costs and attorney's fees. Plaintiff filed a response in opposition and statement of genuine issues. The Court heard oral argument on PMB's motion at Great Falls on August 2, 2013. Attorneys James A. Donahue ("...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. Trial of the remaining claims in this adversary proceeding was held at Missoula on March 14 and 15, 2013, along with the hearing on the Debtor/Plaintiff's motion for approval of compromise settlement filed in the above-captioned Chapter 11 case. 1 Plaintiff Robin Jean Lyon 2 ("Robin") appeared and testified, represented by attorneys James H. Cossitt ("Cossitt") and Mary DeNevi of James H. Cossitt, PC, of Kalispell, Montana....
MEMORANDUM of DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this Adversary Proceeding, trial was held June 6, 7, 8 and 11, 2012, in Missoula, Montana. Plaintiff Richard J. Samson ("Samson") was represented at trial by David B. Cotner of Missoula, Montana, and Hugh Robert McCullough and Anthony Wisen of Seattle, Washington. Defendant Western Capital Partners, LLC ("Western Capital") was represented at trial by Robert W. Hatch, II, Joseph John Novak, and Daniel J. Vedra of Denver, Colorado....
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this adversary proceeding the Plaintiff Shane C. Bucher seeks exception from the discharge 1 of the Defendant/Debtor Patrick H. Hughes ("Hughes"), under 11 U.S.C. 523(a)(9), the sum of $36,929.71 for personal injuries caused by Hughes' operation of his motorcycle vehicle while intoxicated. Hughes' answer denies that intoxication was proven. He argues that the alcohol charges were dismissed and that 523(a)(9) does not apply....
