MEMORANDUM DECISION GRANTING MOTION FOR RELIEF FROM STAY WILLIAM T. THURMAN, Bankruptcy Judge. The matter before the Court is the Motion for Relief from Automatic Stay or to Dismiss (the "Motion") filed by First-Citizens Bank & Trust Co. (the "Bank") seeking termination of the stay as it relates to certain real property owned by the Debtor. The Court conducted an evidentiary hearing on the Motion on November 15, 2012. At the hearing, Daniel K. Watkins appeared on behalf of the Bank and Tyler...
MEMORANDUM DECISION DENYING CONFIRMATION OF CHAPTER 13 PLAN WILLIAM T. THURMAN, Bankruptcy Chief Judge. The matter before the Court is the confirmation of the Debtor's Chapter 13 Plan ("Plan") dated July 17, 2012. The Court conducted an initial plan confirmation hearing on October 19, 2012. The Court heard oral argument from Geoffrey L. Chesnut on behalf of Kathy Lynn Kofford (the "Debtor") and from Kellie K. Nielsen on behalf of the Chapter 13 Trustee, Kevin R. Anderson (the "Trustee"). At...
MEMORANDUM DECISION ON DEBTORS' MOTION TO AVOID JUDICIAL LIEN WILLIAM T. THURMAN, Bankruptcy Judge. This matter came before the Court on the motion of Randall R. Krantz and Susan Q. Krantz (the "Debtors") to avoid the judicial lien of BRT Funding, LLC ("BRT"). The Court held a hearing on this matter on October 15, 2012, in which Scott Mitchell appeared on behalf of the Debtors and Erik Olson and Jason Hull appeared on behalf of BRT. At the conclusion of the hearing, the Court took this matter...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF DEBTORS' FIRST AMENDED JOINT PLAN OF REORGANIZATION DATED JULY 25, 2012 R. KIMBALL MOSIER, Bankruptcy Judge. The First Amended Joint Plan of Reorganization of Debtors' Korea Technology America, Inc., Uintah Basin Resources, LLC, and Crown Asphalt Ridge, L.L.C. dated July 25, 2012 (the " Plan "), 1 a copy of which is attached hereto as Exhibit A , came on for confirmation hearing as continued on Wednesday, October 3, 2012....
MEMORANDUM DECISION R. KIMBALL MOSIER, Bankruptcy Judge. This is an adversary proceeding brought pursuant to 11 U.S.C. 523(a)(2)(A) and 727(a)(2) & (5) 1 by In the Paint, LLC, and Collins, Inc.(collectively Plaintiffs) against Nathan Lloyd Archibald (Defendant or Archibald). The trial in this matter began on June 25, 2012 and continued on June 26, 2012 and June 28, 2012. At the conclusion of the Plaintiffs' presentation of evidence, the Defendant filed a "Motion for Judgment as a...
MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge. This proceeding concerns a creditor's right to maintain revocation of discharge and nondischargeability claims filed out of time. Under the Bankruptcy Code, a creditor may request revocation of a chapter 7 debtor's discharge within one year after the discharge was granted if the discharge was obtained through fraud and the creditor did not know of the fraud until after the discharge was granted. 1 Similarly, a creditor may request...
FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO ORDER GRANTING SUMMARY JUDGMENT IN CONSOLIDATED PONZI SCHEME ISSUE R. KIMBALL MOSIER, Bankruptcy Judge. This matter is before the Court upon the motion of the chapter 7 Trustee, Duane H. Gillman (the "Trustee"), for the entry of an order granting summary judgment in the Ponzi Scheme Issue in the above-captioned bankruptcy case and in the consolidated adversary proceeding pursuant to Fed. R. Bankr. P. 7056, and also pursuant to 11 U.S.C....
FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO ORDER GRANTING SUMMARY JUDGMENT IN CONSOLIDATED PROCEEDING ON ISSUE OF DEBTOR'S INSOLVENCY AND RELATED ISSUES R. KIMBALL MOSIER, Bankruptcy Judge. This matter is before the Court upon the motion of the chapter 7 Trustee, Duane H. Gillman (the "Trustee"), for the entry of an order granting summary judgment on the Issue of Debtor's Insolvency in the above-captioned bankruptcy case and in the consolidated adversary proceeding pursuant to...
MEMORANDUM DECISION REGARDING MOTIONS FOR SUMMARY JUDGMENT WILLIAM T. THURMAN, Chief Judge. This matter came before the Court on cross motions for summary judgment to determine the dischargeability of a debt pursuant to 523(a)(5) and 523(a)(15) of the Bankruptcy Code. 1 The Court conducted a hearing on this matter on April 9, 2012, in which Shane Keppner appeared on behalf of plaintiff Ina Marie Newman ("Newman") and David Leta appeared on behalf of the debtor/defendant Neldon P. Johnson (...
FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO THE CONFIRMATION HEARING HELD APRIL 5, 2012 WILLIAM T. THURMAN, Bankruptcy Chief Judge. The Debtor's Plan of Reorganization dated December 8, 2011 (the "Plan") proposed by the Debtor and Debtor in Possession, Fairgrounds Properties, Inc. (the "Debtor") came on for hearing on April 5, 2012. All appearances were noted on the record. The Court having previously made its findings of fact and conclusions of law on the record, which findings are...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING CHAPTER 11 TRUSTEE'S PLAN OF LIQUIDATION DATED AUGUST 2, 2011 AS MODIFIED R. KIMBALL MOSIER, Bankruptcy Judge. The matter before the Court is confirmation of the Chapter 11 Trustee's Plan of Liquidation Dated August 2, 2011 [Docket No. 1574] (the " Plan ") proposed by Gil A. Miller, the duly appointed Chapter 11 Trustee (the " Trustee ") for Waterford Funding, LLC, Waterford Loan Fund, LLC, Waterford Services, LLC,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW R. KIMBALL MOSIER, Bankruptcy Judge. The Court, having conducted a hearing on Plaintiffs Motion for Summary Judgment and having heard oral arguments from counsel on November 22, 2011 with counsel for Plaintiff appearing on the record and no other appearances being made, it is hereby ORDERED, ADJUDGED AND DECREED as follows: The Court makes the following findings of fact: FINDINGS OF FACT 1. Defendant was scheduled to attend a deposition on November...
