MEMORANDUM AND ORDER SHON HASTINGS , JUDGE , UNITED STATES BANKRUPTCY COURT. Plaintiff Horizon Financial Bank filed a Complaint seeking denial of Debtor/Defendant Dean J. Borstad's bankruptcy discharge under 11 U.S.C. 727(a)(2), (a)(3) and (a)(4). Specifically, Horizon alleges Debtor fraudulently transferred property within one year of his bankruptcy, failed to keep or preserve records from which his financial condition can be ascertained and made a false oath or account by undervaluing...
MEMORANDUM AND ORDER SHON HASTINGS , UNITED STATES BANKRUPTCY JUDGE . I. INTRODUCTION Chapter 7 Trustee Gene W. Doeling filed an adversary complaint seeking to avoid prepetition transfers from Debtor Roger K. O'Neill to Defendant Theresa C. O'Neill. Specifically, the Trustee asserts Debtor's real estate transfers to Defendant pursuant to their divorce Settlement Agreement were preferential and fraudulent under 11 U.S.C. 547 and 548(a)(1). Defendant denies the allegations. This...
ORDER AND MEMORANDUM RE INTERIM APPLICATION FOR COMPENSATION FOR G. DONALD HASLAM THAD J. COLLINS , Bankruptcy Judge . This matter came before the Court for an evidentiary hearing in Fargo, North Dakota. 1 Donald Haslam, attorney for the Trustee, appeared. Patrick Sinner appeared with and for Chapter 7 Trustee Kip Kaler ("Trustee"). The Court took the matter under advisement, giving the parties one week to file briefs if they wished. Neither party filed a brief. This is a core proceeding...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE , U.S. BANKRUPTCY COURT. Debtor/Plaintiff Grayson Lee Hoberg brought this adversary proceeding by Complaint filed on September 30, 2014. Debtor seeks a determination that a debt to Defendant State of North Dakota, by and through North Dakota Work Force Safety and Insurance (WSI), was discharged in Debtor's Chapter 7 bankruptcy case. Defendant filed an Answer on October 30, 2014, denying Debtor's allegations and seeking dismissal of the Complaint...
AMENDED MEMORANDUM AND ORDER SHON HASTINGS , Bankruptcy Judge . I. INTRODUCTION Gene W. Doeling, Chapter 7 Trustee, filed a Complaint seeking a denial of Debtor/Defendant Thomas S. Klein's discharge under 11 U.S.C. 727(a)(2), (3) and (4). The Trustee alleges that Debtor (1) made certain prepetition transfers with the intent to hinder, delay or defraud creditors, (2) destroyed or failed to preserve documents and records from which creditors could ascertain Debtor's financial condition...
MEMORANDUM AND ORDER SHON HASTINGS , Bankruptcy Judge . I. INTRODUCTION Gene W. Doeling, Chapter 7 Trustee, filed a Complaint seeking a denial of Debtor/Defendant Thomas S. Klein's discharge under 11 U.S.C. 727(a)(2), (3) and (4). The Trustee alleges that Debtor (1) made certain prepetition transfers with the intent to hinder, delay or defraud creditors, (2) destroyed or failed to preserve documents and records from which creditors could ascertain Debtor's financial condition and (3)...
