FINDINGS OF FACT AND CONCLUSIONS OF LAW JOEL T. MARKER, Bankruptcy Judge The transfer of a family business from one generation to the next can be a difficult process, sometimes resulting in conflict between relatives in active management and those with only an economic interest in the success of the enterprise. This adversary proceeding is the third lawsuit between the members of the second generation over the affairs of their father's jewelry store. The plaintiffs in this case, the John J....
MEMORANDUM DECISION GRANTING, IN PART, AND DENYING, IN PART, THE TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING ATTORNEY FEES AND DISCLOSURE OF FEES R. KIMBALL MOSIER, Bankruptcy Judge. The plaintiff, Kenneth A. Rushton, chapter 7 trustee (Trustee) in the bankruptcy case of C.W. Mining Company (Debtor) filed a Motion for Partial Summary Judgment (Summary Judgment Motion) asking the Court to require Woodbury & Kesler, P.C. (Woodbury), and Russell S. Walker (Walker), an attorney and...
MEMORANDUM DECISION THURMAN, Bankruptcy Judge. The matter before the Court is the confirmation of the Debtors' Chapter 13 Amended Plan ("Plan"). Hearings were conducted on the Plan on July 20, 2010, and August 30, 2010, in which the Court listened to argument by David Cook for Kenneth and Stephanie Woolsey ("Debtors") and by Jocelyn Rick for the Chapter 13 Trustee, Kevin Anderson ("Trustee"). The primary issue to be resolved in this confirmation proceeding is whether the Plan must contain...
MEMORANDUM DECISION GRANTING THE TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT CONCERNING DEBTOR'S BUSINESS RECORDS AND WITHHELD DOCUMENTS R. KIMBALL MOSIER, Bankruptcy Judge. Kenneth A. Rushton, is the Chapter 7 1 trustee (Trustee) in the involuntary Chapter 7 bankruptcy proceeding of C.W. Mining Company (Debtor), and is the plaintiff in this adversary proceeding. Defendant Woodbury & Kesler, P.C. (Woodbury), is a Utah professional corporation doing business in the state of Utah. Defendant...
