ORDER SHON HASTINGS , Bankruptcy Judge . I. INTRODUCTION Plaintiff Kip M. Kaler, Bankruptcy Trustee, filed a Complaint seeking to avoid an allegedly fraudulent transfer from Debtor Kristine Nordman to Defendant Trust and Estate Search, LLC. Doc. 1. Trust and Estate Search filed a Motion for Judgment on the Pleadings, asserting the Trustee failed to plead an actionable claim for fraudulent transfer against Trust and Estate Search. Doc. 5. II. FACTS Trust and Estate Search is a limited...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE, U.S. BANKRUPTCY COURT . Plaintiff Erik A. Ahlgren, Trustee, filed a Complaint on January 9, 2019, alleging Defendant Scott Morrison (in his capacity as Trustee of the Morrison Family Trust) transferred a leasehold interest that was property of Debtor McM, Inc.'s estate. Doc. 1 at 18. He asks the Court to avoid the transfer as an unauthorized postpetition transfer under 11 U.S.C. 549 (Count I). The Trustee also alleges Morrison breached the...
MEMORANDUM AND ORDER SHON HASTINGS , Judge United States Bankruptcy Court . I. BACKGROUND Plaintiff Jon Norberg filed an Adversary Complaint alleging Debtor/Defendant Alonna Knorr Norberg's debt to him arising from damages he allegedly suffered as a result of her abuse of process, malicious prosecution and defamation should be excepted from discharge under 11 U.S.C. 523(a)(6). Doc. 1 at 4-7. He also seeks a determination that Alonna Knorr Norberg's debt to him arising from domestic...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE . I. INTRODUCTION Gene W. Doeling, Chapter 7 Trustee, filed a Complaint seeking denial of Debtor/Defendant Wayne A. Gapp's discharge under 11 U.S.C. 727(a)(2) and (4). In his Complaint, Trustee alleges that Debtor transferred $29,465.80 from the sale of a home in Arizona to his non-filing spouse with the intent to hinder, delay or defraud creditors. 1 The Trustee also alleges Debtor knowingly and fraudulently made false oaths in connection...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE . I. INTRODUCTION Bankruptcy Trustee Kip M. Kaler filed a Complaint alleging Debtors/Defendants Darrell H. and Susan M. Vasvick's transfer of real property located at 1509 17th Street South, Fargo ("the Property") 1 to their son, Defendant Justin Vasvick, resulted in unjust enrichment warranting the imposition of a constructive trust on the Property (Count I). Doc. 1. The Trustee also sought a declaratory judgment: (1) ruling that Debtors,...
ORDER OVERRULING CENTRAL TRENCHING'S OBJECTION TO IRS PROOF OF CLAIM SHON HASTINGS , JUDGE I. Background On April 18, 2015, Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code. Doc. 1. The Internal Revenue Service and Creditor Central Trenching, Inc. were among five creditors that filed proofs of claim. The IRS's amended claim identifies total tax liabilities of $ 130,247.45 for tax years 2011-2014, with a priority claim of $ 119,534.10. Claim No. 1-3. Central...
MEMORANDUM AND ORDER SHON HASTINGS , UNITED STATES BANKRUPTCY JUDGE . I. INTRODUCTION Plaintiff David G. Velde, Chapter 7 Trustee, filed a Complaint seeking to avoid a $22,000 payment Debtor Ronald G. McMartin, Jr., made to Defendant Scott Morrison, as Trustee of the Morrison Family Trust, on an obligation owed by McM, Inc. Doc. 1. 1 The Trustee alleges the payment is a voidable transfer under 11 U.S.C. 544 and 548 and N.D.C.C. 13-02.1-04(1)(b), and he seeks to recover the transfer...
