MEMORANDUM DECISION R. KIMBALL MOSIER , Bankruptcy Judge . Brad Ball was looking for a business to buy. With the assistance of his father, David Ball, they bought May's Custom Tile from Steven May in August 2008. Business did not go well for the Balls and they ended up blaming May and filed a lawsuit claiming that the company was underperforming because May had misrepresented its financial condition. May had another business, May's Granite, and business didn't go well for him either. He...
FINDINGS OF FACT AND CONCLUSIONS OF LAW R. KIMBALL MOSIER , Bankruptcy Judge . The hearing on confirmation of the Debtor's Amended Plan of Reorganization, dated July 17, 2017 [Docket 286] (the " Amended Plan ") filed by Debtor Grass Valley Holdings, L.P. (the " Debtor ") was held before the Honorable R. Kimball Mosier on August 31, 2017 at 10:00 a.m. Douglas J. Payne of Fabian VanCott appeared on behalf of the Debtor. J. Scott Brown of Cohne Kinghorn PC appeared on behalf of Central Bank....
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . The matter before the Court is the chapter 7 trustee's Motion to Turnover Property (the "Motion"). The Court conducted a hearing on the Motion on November 2, 2017. Patrick Johnson appeared on behalf of the chapter 7 trustee, David West (the "Chapter 7 Trustee"). Kristin Woods appeared on behalf of the Debtor. After review of the pleadings filed, and based upon the oral arguments made by the parties at the hearing, the Court...
MEMORANDUM DECISION WILLIAM T. THURMAN , Bankruptcy Judge . This matter before the Court is the Debtor's Motion to Convert Case to Chapter 13 (the "Motion to Convert"). The Court conducted an evidentiary hearing on the Debtor's Motion to Convert on September 15, 2017, which was continued to September 29, 2017 and then to October 26, 2017. Mark Rose appeared on behalf of the chapter 7 trustee, Stephen Rupp. The trustee filed a response to the Motion to Convert. George Hofmann and Rick...
MEMORANDUM DECISION DENYING MOTION TO APPROVE SETTLEMENT WILLIAM T. THURMAN , U.S. Bankruptcy Judge . The matter before the Court is the Motion Pursuant to Federal Rule Of Bankruptcy Procedure 9019 to Approve Settlement Agreement By and Between CS Mining, LLC and David J. Richards, LLC d/b/a Western US Mineral Investors, LLC (the "WUMI Motion") filed by the Debtor and debtor-in-possession, CS Mining, LLC (the "Debtor" or "CSM"). 1 Through the WUMI Motion, the Debtor seeks approval of a...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . Before the Court is the Motion for Summary Judgment (the "Motion") filed May 16, 2017, by Defendant, Kyle Bringhurst ("Bringhurst" or "Defendant") in the above-styled adversary proceeding. 1 This Motion arises in connection with the complaint of Plaintiff, Utah Behavior Services, Inc., a Utah Corporation ("UTBS" or "Plaintiff"), objecting to the dischargeability of certain debts of Bringhurst pursuant to 11 U.S.C. 523(a)...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . Before the Court is the Motion for Judgment on the Pleadings (the "Motion") filed May 31, 2017, by Plaintiffs, Sunset Corner Properties, LC ("Sunset Corner") and the United States Trustee, (the "USTR" and together with Sunset Corner, the "Plaintiffs"), in the above-styled adversary proceeding. 1 This Motion arises in connection with the complaints of Plaintiffs objecting to the discharge of Debtor, James Mayoros ("...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MOTION TO CHANGE VOTE AND OBJECTION TO CONFIRMATION ORDER WILLIAM T. THURMAN , Bankruptcy Judge . The matter before the Court is the Motion to Change Vote Pursuant to Rule 3018(a) (the "Motion to Change Vote") [Docket No. 194] and the Objection to Confirmation Order (the "Objection to Order") [Docket No. 195] filed April 10, 2017 by Firmco Business Funding, Inc. (the "Firmco"). The Motion to Change Vote and Objection to Order was joined by...
ORDER DENYING MOTION FOR WITHDRAWAL OF COUNSEL WILLIAM T. THURMAN , Bankruptcy Judge . The matter before the Court is the Motion for Withdrawal of Counsel [Docket No. 205] (the "Motion to Withdraw") filed March 27, 2017 by Knute Rife and Rife Law Office ("Counsel") as counsel to Community Translator Network, LLC, debtor in possession (the "Debtor") in the above-captioned chapter 11 case. The Court conducted a hearing on the Motion to Withdraw on April 26, 2017 (the "Hearing"). At the...
MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . Defendant Michael Lynn Robertson borrowed money from certain predecessors in interest to Banner Bank (Plaintiff or Bank). When he defaulted, the Bank foreclosed on real property securing the loans and obtained a deficiency judgment against the Defendant in state court. After he filed bankruptcy, the Bank filed a complaint to except that deficiency judgment from discharge pursuant to 11 U.S.C. 523(a)(2)(B) and (a)(2)(A). 1...
MEMORANDUM DECISION R. KIMBALL MOSIER , Bankruptcy Judge . The Court has two matters before it. The first is a motion filed by Jaimie Baker dba Baker Recovery Services (BRS), an assignee of a judgment obtained against Defendant John Stone, to substitute as the plaintiff in the above-captioned adversary proceeding. The second is a motion filed by Gil A. Miller, the Chapter 11 Trustee (Trustee) of the Debtors' substantively consolidated bankruptcy cases and the Plaintiff in the above-...
MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . The matter before the Court is the motion for summary judgment filed by the Plaintiff, Mineral Resources International, Inc. (MRI). Through the motion, MRI seeks to disallow proof of claim #22-1, filed by Trace Minerals Research, L.C. (TMR). After considering the relevant filings in this adversary proceeding, including MRI's motion and supporting memorandum, TMR's memorandum in opposition, and the parties' supplemental...
