MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court, District of Montana. At Butte in said District this 22 nd day of November, 2019. On November 5, 2019, in this Chapter 12 1 case, a hearing on Farm Service Agency's ("FSA") motion requesting that the case be converted to Chapter 7 or dismissed ("Motion") 2 was held. FSA relies on 1208(d) in support of its request for conversion to Chapter 7. FSA seeks dismissal on alternative grounds, alleging Debtor filed...
MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court . At Butte in said District this 13th day of November, 2019. In this Chapter 13 1 case, on August 29, 2019, the Court held a hearing on Levi and Martha Jones' ("Debtors") Objection to amended Proof of Claim No. 8 filed by the Internal Revenue Service ("IRS") ("Objection") and the Response filed by the IRS. 2 Appearances were made on the record. The parties stipulated to the admission of the following...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . On October 10, 2019, approximately two years after the above captioned case was filed, Jeremiah Foster ("Trustee") filed a motion for default under Rule 7055 1 against C4B LLC ("C4B"). Doc. No. 13. On October 11, the Court entered an Order denying that motion and ordering Trustee to show cause why this adversary should not be dismissed for failure to serve C4B in accordance with Rule 7004(b)(3). 2 Doc. No. 14. In response,...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . On October 10, 2019, approximately two years after the above captioned case was filed, Jeremiah Foster ("Trustee") filed a motion for entry of default under Rule 7055 1 against Lex Group Funding, LLC ("Lex"). Doc. No. 13. On October 11, 2019, the Court entered an Order denying that motion and ordering Trustee to show cause why this adversary proceeding should not be dismissed for failure to serve Lex in accordance with Rule 7004(b)...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION On June 15, 2017, Ernest Woodrow Barstad and Christine Ragan Barstad ("Barstads" or "Debtors") filed a chapter 13 petition commencing the above captioned bankruptcy case, Case No. 17-60586. 1 On August 11, 2017, Glenn Davidson ("Davidson) and Tom Ide ("Ide) filed a complaint commencing adversary proceeding 17-00027-TLM and seeking declaratory relief in two regards: (1) that certain buy-sell agreements with Debtors...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court are two motions filed by plaintiff and counter-defendant Cap Call, LLC ("Cap Call"). First, is Cap Call's motion to "compel production of documents in compliance with non-party subpoena" against Capital Stack, LLC ("Capital Stack"). Adv. Doc. No. 73 ("Motion to Compel"). Second, is Cap Call's motion to strike Capital Stack's response to the Motion to Compel. Adv. Doc. No. 85 ("Motion to Strike"). BACKGROUND On...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION Brenda Jurgens ("Debtor") filed a chapter 13 petition on June 30, 2015, commencing Case No. 15-60592. 1 This case was converted to chapter 7 on November 5, 2015, on the motion of creditor Gary Martin ("Martin") and Victor Properties LLC. 2 On January 23, 2019, Martin filed a Motion to Modify Stay. Doc. No. 289 ("Stay Motion"). Debtor filed an objection to the Stay Motion. Doc. No. 291 ("Objection"). This matter was...
MEMORANDUM OF DECISION TERRY L. MYERS , U.S. BANKRUPTCY JUDGE . INTRODUCTION In this adversary proceeding, Western Capital Partners LLC ("WCP") as third-party plaintiff filed suit against third-party defendants Michael Sandoval ("Sandoval"); xPatterns, LLC, a Washington limited liability company ("xPatterns"); and Opspring LLC ("Opspring"), a Washington limited liability company. The basis of WCP's third-party cause of action is breach of contract and a claim for damages. The matter was...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court is a request for a series of evidentiary rulings on the admissibility of designated portions of the deposition testimony of two deponents. Additionally, the parties request a ruling on the admissibility of prior trial testimony of an unavailable witness. BACKGROUND On December 7, 2009, Atigeo LLC ("Atigeo") 1 and xPatterns LLC ("xPatterns") filed a complaint against a number of defendants, including Edra...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND On October 21, 2015, Shoot the Moon, LLC ("Debtor") filed a petition commencing this chapter 11 case. Later that month, Jeremiah Foster ("Trustee") was conditionally appointed as chapter 11 trustee, and thereafter appointed without condition on November 5, 2015. Pursuant to a November 10, 2015 order, Doc. No. 67, a February 8, 2016 claim bar date was established. On January 19, 2016, Dennis Conner ("Conner") timely...
