DECISION RE: COMPLAINT TO DETERMINE DISCHARGEABILITY CHARLES L. NAIL, JR. , Bankruptcy Judge . The matter before the Court is Debtors-Plaintiffs Daniel Vernon Roggenbuck, II and Robin Kay Roggenbuck's Complaint to Determine Dischargeability of Debt. This is a core proceeding under 28 U.S.C. 157(b)(2). Following the trial held April 20, 2018, the Court enters these findings of fact and conclusions of law pursuant to Fed.R.Bankr.P. 7052. For the reasons discussed below, Defendant Social...
DECISION RE: CERTAIN OBJECTION TO DEBTOR'S REQUEST FOR DISCHARGE CHARLES L. NAIL, Jr. , Bankruptcy Judge . The matter before the Court is Karen K. Muenster's objection to Debtor's Certification and Request for Discharge. This is a core proceeding under 28 U.S.C. 157(b)(2). The Court enters these findings and conclusions pursuant to Fed.Rs.Bankr.P. 7052 and 9014(c). For the reasons discussed below, the Court will overrule Karen K. Muenster's objection and enter Debtor's chapter 13...
DECISION RE: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT CHARLES L. NAIL, Jr. , Bankruptcy Judge . The matter before the Court is Plaintiffs William Dean Schmidt and Deborah Lynn Schmidt's motion for summary judgment (doc. 15) on their complaint to determine the dischargeability of their claim against Debtor-Defendant Rodney Ray Nelson. This is a core proceeding under 28 U.S.C. 157(b)(2). This decision and the accompanying order and judgment constitute the Court's findings and conclusions...
DECISION RE: FINAL FEE APPLICATIONS BY COUNSEL FOR DEBTOR AND PAYMENT OF CERTAIN FEES TO COUNSEL FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS CHARLES L. NAIL, Jr. , Bankruptcy Judge . The matters before the Court are the final fee applications filed by Cozen O'Connor and Bantz, Gosch & Cremer, L.L.C., counsel for Debtor, and the payment of certain chapter 11 fees to Robbins, Salomon & Patt, Ltd. and Dougherty & Dougherty, LLP, counsel for the Official Committee of Unsecured Creditors,...
DECISION RE: DEFENDANT UNITED STATES OF AMERICA'S MOTION FOR SUMMARY JUDGMENT CHARLES L. NAIL, Jr. , Bankruptcy Judge . The matter before the Court is Defendant United States of America, Department of Education's motion for summary judgment on Debtor-Plaintiff Chad Thomas DuBois's complaint to determine the dischargeability of certain student loans. This is a core proceeding under 28 U.S.C. 157(b)(2). This decision and the accompanying order and judgment constitute the Court's findings...
DECISION RE: TRUSTEE'S OBJECTION TO EXEMPTIONS AND MOTION FOR TURNOVER CHARLES L. NAIL, Jr. , Bankruptcy Judge . The matter before the Court is Trustee Lee Ann Pierce's Objection to Claimed Exemptions and Motion for Turnover. This is a core proceeding under 28 U.S.C. 157(b)(2). The Court enters these findings and conclusions pursuant to Fed.Rs.Bankr.P. 7052 and 9014(c). For the reasons discussed below, the Court will order Debtor to turn over the alimony awarded to her pre-petition but...
AMENDED DECISION RE: CLAIM OF DEFENDANT SCOTT OLSON DIGGING, INC. CHARLES L. NAIL, JR., Bankruptcy Judge. The matter before the Court is the allowance of Defendant Scott Olson Digging, Inc.'s claim. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(B). The Court enters these findings and conclusions pursuant to Fed.R.Bankr.P. 7052. As discussed below, the Court concludes Defendant Scott Olson Digging, Inc. holds a secured claim for $205,104.07 against the bankruptcy estate of...
DECISION RE: MOTION TO APPOINT A TRUSTEE CHARLES L. NAIL, JR., Bankruptcy Judge. The matter before the Court is AgStar Financial Services, PCA and AgStar Financial Services, FLCA's Motion for Appointment of a Trustee. This is a core proceeding under 28 U.S.C. 157(b)(2). This decision and accompanying order shall constitute the Court's findings and conclusions under Fed.Rs.Bankr.P. 7052 and 9014(c). As set forth below, the motion will be granted. I. Veblen West Dairy LLP ("Debtor") is one...
