MEMORANDUM OF DECISION TERRY L. MYERS , U. S. BANKRUPTCY JUDGE. INTRODUCTION On September 13, 2017, chapter 13 debtors Ernest and Christine Barstad (the "Barstads"), commenced this adversary proceeding by removal under 28 U.S.C. 1452 of two state court proceedings. The first, Case No. DV-16-68, before the Montana Third Judicial District Court, in Powell County, involved Glenn Davidson and Tom Ide suing the Barstads. 1 The second, Case No. DV-17-12, involved the Barstads suing Davidson,...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction In this chapter 7 1 case, on November 21, 2017, the Court conducted an evidentiary hearing concerning the Motion for Judicial Review of Unauthorized Distributions by Trustee; Sanctions for Unauthorized Distributions; and Disgorgement of Distributions, filed by Debtors Warren G. and Betty J. McConkey (the "Motion"), Dkt. No. 332; and Debtors' Objection to [Trustee's] Final Report & Amended Final Report (the "Objection"...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . In this Chapter 13 case, Ernest and Christine Barstad ("Debtors") filed a Motion for Sale of Property Free and Clear of Liens, Doc. No. 62 ("Sale Motion"). 1 Chapter 13 Trustee Robert G. Drummond and creditors Glenn Davidson and Tom Ide objected to the Sale Motion. Doc. Nos. 66, 68. The matter came on for hearing on November 20, 2017. After considering the arguments of counsel and the Trustee, the Court requested supplemental...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction In this adversary proceeding, on August 24, 2017, Plaintiff, chapter 7 1 trustee Joseph V. Womack ("Trustee"), filed a Motion to Dismiss Counterclaims ("the motion"). Dkt. No. 20. Counterclaimants, the chapter 7 debtor John H. Schneider ("Debtor"), and his spouse, Michelle R. Schneider (collectively referred to as "Defendants"), opposed the motion. Dkt. No. 26. Trustee filed a reply to Defendants' opposition. Dkt. No....
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . The Debtor in Possession, David Hunt ("Debtor"), employed John S. Knowlton and The Burton Law Firm (collectively "Counsel") as special counsel under 327(e). 1 See Doc. No. 78 (employment application). The employment application indicated Counsel was being retained to provide post-bankruptcy services "in LJE Investment litigation in Mariposa County Superior Court" and to "assist [Debtor] with mediation." The order granting the...
MEMORANDUM OPINION AND ORDER BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 18th day of October, 2017. After due notice a hearing was held in this Chapter 11 case at Missoula on October 5, 2017, on the "Final Application for Professional Fees" filed by Paul J. Petit ("Petit"), who was employed by the Debtor-in-Possession as "special counsel for negotiation and non-bankruptcy legal work in connection with the sale of Debtor's real property." An objection to the fees...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . I. INTRODUCTION At Butte in said District this 18 th day of May, 2017. In this Chapter 13 case the hearing on confirmation of Debtor's First Amended Plan dated April 11, 2017 ("Amended Plan") (Docket No. 37) was held on May 5, 2017. The Chapter 13 Standing Trustee Robert G. Drummond filed objections to confirmation and appeared and requested that confirmation be denied because the Amended Plan is not feasible and that the...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankuptcy Judge . At Butte in said District this 3 rd day of April, 2017. Debtor, Heather Hannah Lewis ("Debtor") filed on January 31, 2017 (Dkt.19) 1 a Motion for Sanctions for Violation of the Discharge Injunction pursuant to Fed. R. Bankr. P. 9014, 11 U.S.C. 524(a)(2) and 11 U.S.C. 105(a) to find Verizon Wireless ("Verizon") in violation of the Discharge Injunction (the "Motion"). JURISDICTION This Court has original and exclusive...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . Pending in this Chapter 13 case and adversary proceeding are: (i) Defendant/Debtor Julia Marion Wall's (hereinafter "Julia" or "Debtor") combined Motion to Dismiss Smiths' complaint under Rule 12(b)(6) and Motion for Summary Judgment on her counterclaims for violation of the discharge injunction, filed on February 23, 2017 (Docket No. 42); and the (ii) Debtor's Objection to Proof of Claim No. 6 filed by Smiths in Debtor's Case...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND AND FACTS Kenneth Meriwether is the owner of Meriwether Cars, Inc. ("Meriwether Cars"). Doc. No. 1 at 2. Meriwether Cars was formerly known as Ken's Cars, Inc., which did business under the assumed name of All American Auto. Id. (Meriwether Cars, Ken's Cars, Inc. and All American Auto are collectively referred to herein as "Ken's Cars"). Ken's Cars was in the business of buying and selling used cars. On July 30, 2013,...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . Pending in this Chapter 7 case is the Trustee's Motion for Order Approving Settlement between the Chapter 7 Trustee and Richard Buley, Esq., Tipp & Buley, P.C., and Tipp, Coburn & Schandelson, P.C., (the "Settlement Motion") (Dkt. 77). The singular objection opposing approval of the Settlement Motion was filed by Debtor Tracey Lin Morin (the "Objection") (Dkt. 79). The grounds for the objection were that the Trustee (i)...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 27 th day of February, 2017. In the above-captioned Chapter 7 bankruptcy case, after due notice a hearing was held at Missoula on February 16, 2017, on the Motion to Dismiss Chapter 13 Petition (Document No. 9) ("Motion to Dismiss") filed by creditor Merry Moose Investment, LLC ("Merry Moose") on December 13, 2016, pursuant to 11 U.S.C. 109(e), 1307 and 1325(a)(7), prior to conversion of the...
MEMORANDUM OF DECISION Honorable Benjamin P. Hursh , U.S. Bankruptcy Judge . At Butte in said District this 27 th day of February, 2017. In the above-captioned Chapter 7 bankruptcy case, after due notice a hearing was held at Missoula on February 16, 2017, on the Motion to Modify Stay (Document No. 24) ("Motion") filed by creditors KS Ventures, LLC ("KS Ventures") and Merry Moose Investment, LLC ("Merry Moose") (together "Movants"). Movants filed their Motion on January 12, 2017, just...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 17 th day of January, 2017. In this adversary proceeding Defendants Federal National Mortgage Association ("FNMA") and OneWest Bank, N.A. ("OneWest Bank") filed on November 28, 2016, a "Revised Motion to Dismiss Plaintiff's Second Amended Complaint" ("Motion") under Fed. R. Civ. P. 12(b)(6) (applicable in adversary proceedings pursuant to F.R.B.P. 7012(b)), seeking dismissal...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 17 th day of January, 2017. In this Chapter 13 case the Debtor filed objections to the Chapter 13 Trustee's Motion to sell property free and clear of liens under 11 U.S.C. 363(f) (Document No. 217) (hereinafter "Trustee's Motion") and the Trustee's Final Application for Professional Fees and Costs of realtor Kyle Haynie ("Haynie") of Russell Country Realty (Doc. 223) ("Application"). A hearing...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . After due notice a hearing was held at Missoula on January 5, 2016, on Danial Renfro's ("Renfro") Motion to Modify Stay, filed on November 28, 2 2016 ("Motion") (Document No. 64). The Debtors filed an objection and were represented at the hearing by attorney Andrew W. Pierce ("Pierce") of Morgan Pierce PLLP of Missoula. Renfro's former spouse, Debtor Kelly Honorine Pederson ("Kelly"), testified. Renfro...
