MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 24 th day of December, 2015. Pending in this Chapter 7 case is the amount of damages to be awarded to the Debtor Lynsey Bourke ("Lynsey" or "Debtor") against Missoula Bone & Joint, LLC ("Missoula Bone & Joint") for its willful violations of the automatic stay under 11 U.S.C. 362(k)(1), when Missoula Bone & Joint continued sending Lynsey collection letters after being...
MEMORANDUM OF DECISION Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 16th day of December, 2015. In this adversary proceeding the Plaintiff Molly Schwarz ("Molly" or "Plaintiff") seeks denial of the Debtor/Defendant Marc Andreas Liechti's ("Liechti" or "Debtor") discharge under 11 U.S.C. 727(a)(4)(A) for knowingly and fraudulently making a false oath or account in connection with his bankruptcy case, and also seeks exception of her claim from Debtor's...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 30th day of November, 2015. Debtors' five Motions to avoid judicial liens on their claimed Montana homestead 1 exemption, (Document Nos. 41, 42, 43, 44, and 45) under 11 U.S.C. 522(f)(1)(A), including three judicial liens held by Collection Bureau Services, Inc. ("CBS"), and liens held by William & Garnet Kinney ("Kinney") and The Estate of Kent Olson, deceased by and...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . Pending in this adversary proceeding are: The motion to dismiss filed by Defendant PHH Mortgage Corporation ("PHH"), and Plaintiff/Debtor Shelli Rae Herbert's ("Herbert") objection thereto and motion to stay or withdraw state court proceedings. A hearing on these matters was held at Missoula on September 3, 2015. PHH was represented at the hearing by attorney Doug James of Billings. Herbert appeared represented by attorneys Beth...
MEMORANDUM OF DECISION Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 5th day of November, 2015. In this adversary proceeding the Plaintiff United States Trustee ("UST") requests revocation of the Debtor/Defendant Randall A. Franz's ("Franz" or "Debtor") discharge under 11 U.S.C. 727(d)(2) for acquiring property that is property of the estate or for becoming entitled to acquire property that would be property of the estate and knowingly and fraudulently...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 20 th day of October, 2015. In this Chapter 13 case, the Court held a hearing after notice at Missoula on October 8, 2015, on the motion for conversion to Chapter 7 (Document No. 13) filed by the Debtor's brother Gary Martin ("Martin") and Victor Properties, LLC ("Victor Properties"). Debtor Brenda K. Jurgens ("Brenda" or "Debtor") filed an objection, and appeared and testified at the hearing...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 20 th day of October, 2015. Pending in this adversary proceeding are: Plaintiff's motion for partial summary judgment on Count I of her complaint re: Unauthorized Post-Petition Transfer of Gold and Silver (Document No. 5), and the objection thereto and cross-motion for partial summary judgment on Count I filed by Defendant Bibliologic, Ltd. ("Bibliologic") (Doc. 13). Both parties filed statements...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 10th day of August, 2015. Pending in this Chapter 13 bankruptcy case is the Objection (Document No. 45) to Debtor's claim of homestead exemption filed on May 27, 2015, by Les Schwab Warehouse Center, Inc. ("Les Schwab"), on the grounds the Debtor's declaration of homestead on her residence and certain "Surrounding Property" is invalid because she did not abandon a prior-...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge At Butte in said District this 13 th day of July, 2015. In this adversary proceeding the Plaintiff Northwest Pipe Fittings, Inc. ("Plaintiff" or "Northwest") seeks exception of its claim from the Defendant/Debtor Joseph Allen Paddock's ("Paddock" or "Defendant") discharge on grounds of fraud pursuant to 11 U.S.C. 523(a)(2)(A). The Defendant filed an answer denying committing fraud and asserting a...
MEMORANDUM OF DECISION HON. RALPH B. KIRSCHER , U.S. Bankruptcy Judge , United States Bankruptcy Court, District of Montana. At Butte in said District this 24th day of June, 2015. In this adversary proceeding seeking to revoke the Defendant/Debtor's discharge pursuant to 11 U.S.C. 727(d)(2), the Plaintiff United States Trustee ("Plaintiff" or "UST") filed a motion for summary judgment on May 23, 2015, together with a Statement of Uncontroverted Facts ("SOUF") and supporting memorandum....
MEMORANDUM of DECISION HON. RALPH B. KIRSCHER , U.S. Bankruptcy Judge , United States Bankruptcy Court, District of Montana At Butte in said District this 3rd day of June, 2015. After due notice, trial in this matter was held March 30, 2015, in Butte on Plaintiffs' claim to except $88,348.61 1 from the Debtor/Defendant's discharge pursuant to 11 U.S.C. 523(a)(2)(A). 2 Plaintiffs Sharon Gotcher 3 and Steve Gotcher were represented at the trial by Kevin E. Vainio of Butte, Montana....
MEMORANDUM OF DECISION HON. RALPH B. KIRSCHER , U.S. Bankruptcy Judge , United States Bankruptcy Court, District of Montana. At Butte in said District this 13th day of February, 2015. The Debtor's Motion (Document No. 19) to avoid judicial liens of Mary Satterfield ("Satterfield") under 11 U.S.C. 522(f)(1)(A) is pending in this Chapter 13 case. Satterfield filed objections on the grounds: that Debtor recorded his declaration of homestead after her judicial liens attached; and that the...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . Pending in this Chapter 7 bankruptcy is the Trustee's Objection (Document No. 26) to Debtors' claim of exemption in six (6) annuity contracts. A hearing on the Trustee's Objection was held at Missoula on December 19, 2014. Debtors John Nichols ("John") and Crystal Nichols ("Crystal") filed responses and both appeared and testified, represented by attorney Nik G. Geranios of Missoula. The Trustee Christy L. Brandon appeared....
