MEMORANDUM DECISION R. KIMBALL MOSIER , Bankruptcy Judge . Plaintiff Kathryn Densley obtained a money judgment in Utah state court against Defendant Troy Dyches. When Dyches subsequently filed a chapter 7 petition, thereby interposing the "new defense of bankruptcy" 1 to the collection of that debt, Densley commenced the above-captioned adversary proceeding to except that debt from Dyches's discharge. She prevailed, and in 2011 the Court entered a judgment rendering the state court...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KEVIN R. ANDERSON , Bankruptcy Judge . On December 9, 2019, the Court held a hearing to consider final approval of the Elevated Analytics Holdings, LLC's ( "EvAH" or the "Debtor" ) Disclosure Statement for First Amended Chapter 11 Plan dated November 5, 2019 (docket no. 95, the "Disclosure Statement" ) and confirmation of the Debtor's First Amended Chapter 11 Plan dated November 5, 2019 (docket no. 96, the "Plan" ). T. Edward Cundick appeared at...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HEARING HELD ON DECEMBER 3, 2019, RELATED TO CONFIRMATION OF THE DEBTOR'S PLAN OF REORGANIZATION DATED SEPTEMBER 11, 2019 KEVIN R. ANDERSON , Bankruptcy Judge . The Debtor's Plan of Reorganization Dated September 11, 2019 (the "Plan") proposed by the Debtor and Debtor in Possession, Cannon & Cannon Law, P.C. (the "Debtor") came on for hearing on December 3, 2019. All appearances were noted on the record. The Court makes the following findings of...
MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 136) KEVIN R. ANDERSON , U.S. Bankruptcy Judge . In this case, the Debtor found himself in need of immediate bankruptcy relief arising from the entry of a default judgment. The Debtor initially sought the legal services of Lincoln Law to represent him in a Chapter 7 case, but he ultimately declined their representation because he lacked the funds to pay Lincoln Law's required pre-petition retainer. The Debtor then contacted...
MEMORANDUM DECISION RE: (1) ATTORNEY'S FEES AND COSTS AWARDED IN DISTRICT COURT JUDGMENT; (2) ATTORNEY'S FEES AND COSTS INCURRED BY PLAINTIFFS IN ADVERSARY PROCEEDING; AND (3) POST-JUDGMENT INTEREST KEVIN R. ANDERSON , U.S. Bankruptcy Judge . First American Title Insurance Company and First American Title Company, LLC (collectively "First American") filed a nondischargeability complaint against Michael M. Smith ("Debtor") alleging breach of fiduciary duty under 11 U.S.C. 523(a)(4) and...
ORDER MEMORANDUM DECISION RE: (1) ATTORNEY'S FEES AND COSTS AWARDED IN DISTRICT COURT JUDGMENT; (2) ATTORNEY'S FEES AND COSTS INCURRED BY PLAINTIFFS IN ADVERSARY PROCEEDING; AND (3) POST-JUDGMENT INTEREST KEVIN R. ANDERSON , Bankruptcy Judge . First American Title Insurance Company and First American Title Company, LLC (collectively "First American") filed a nondischargeability complaint against Michael M. Smith ("Debtor") alleging breach of fiduciary duty under 11 U.S.C. 523(a)(4) and...
MEMORANDUM DECISION AFTER TRIAL WILLIAM T. THURMAN , U.S. Bankruptcy Judge . This action came before the Court for a bench trial on June 24 and concluded on July 2, 2019 (the "Trial"). At the Trial, Plaintiffs Wells Fargo Rail Corporation f/k/a First Union Rail Corporation ("Wells Fargo Rail") and Helm-Pacific Leasing ("Helm-Pacific," and together with Wells Fargo Rail, "Plaintiffs" or "WFRC") were represented by Matthew L. Lalli, Troy J. Aramburu, and Bret R. Evans of Snell & Wilmer L.L.P....
FINDINGS AND CONCLUSIONS REGARDING DEBTOR'S PLAN OF REORGANIZATION JOEL T. MARKER , Bankruptcy Judge . The Court conducted a hearing on August 20, 2019, at 10:00 a.m. (the "Confirmation Hearing") to consider confirmation of the Debtor's Chapter 11 Plan of Reorganization dated June 24, 2019 , [Docket No. 187] (the "Plan") filed by Sunplay Pools and Spas Superstore, Inc., (the "Debtor"). Steven R. Fox and Jeffrey Trousdale appeared at the hearing on behalf of the Debtor and other...
MEMORANDUM DECISION ON PERMISSIVE ABSTENTION KEVIN R. ANDERSON , U.S. Bankruptcy Judge . In this adversary proceeding, Plaintiff J. Hoyt Stephenson sued the Debtors, the Chapter 7 Trustee, and other third-party non-debtor defendants asserting causes of action related to a state court proceeding that was pending for almost six years prior to the Debtors' bankruptcy filings. On July 30, 2019 the Court held a hearing to consider whether it should permissively abstain from hearing certain...
MEMORANDUM DECISION ON LYNN E. WARDLEY'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 58) AS TO WHEN THE DEBTOR INCURRED THE ABC CLUB GUARANTY FOR PURPOSES OF THE UTAH UNIFORM FRAUDULENT TRANSFER ACT KEVIN R. ANDERSON , U.S. Bankruptcy Judge . I. Introduction Theodore William White, Jr. ("White" or the "Debtor") and Lynn E. Wardley ("Wardley") were engaged in several business transactions wherein Wardley would advance funds and the Debtor would manage the businesses. In December 2010, Wardley...
MEMORANDUM DECISION FINDING THAT DEFENDANT'S DEBT TO PLAINTIFFS IS NON-DISCHARGEABLE UNDER 11 U.S.C. 523(a)(6) KEVIN R. ANDERSON , Bankruptcy Judge . In this adversary proceeding, the Debtor's former employer is seeking to except a pre-bankruptcy judgment from discharge as a "willful and malicious injury" under 11 U.S.C. 523(a)(6). The complaint alleges that the Debtor caused injury to the Plaintiffs when he formed a competing title company by taking employees and customers from his...
MEMORANDUM DECISION ON DEBTOR'S MOTION FOR SANCTIONS FOR VIOLATION OF THE DISCHARGE ORDER WILLIAM T. THURMAN , U.S. Bankruptcy Judge . The matter before the Court is the Debtor's Motion for Sanctions for Violation of the Discharge Order (the "Motion for Sanctions"). The Court conducted an evidentiary hearing on May 31, 2019. Chris Schmutz appeared on behalf of the Debtor. Matthew Ekins appeared on behalf of Larry J. Adams, Jed R. Christensen, Kirk R. Harrison, Rodger Oldroyd, and Randy T....
ORDER RE: MEMORANDUM DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 126) KEVIN R. ANDERSON , Bankruptcy Judge . The Defendants, Russell B. Weekes and Capstone Law ("Defendants"), filed a Motion for Summary Judgment in the above-captioned adversary proceeding on November 20, 2018. See Docket No. 126. The Court conducted hearings on the Defendants' Motion for Summary Judgment on January 4, 2019. Steve Rogers appeared on behalf of Defendant Russell B. Weekes, who was also...
MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 126) KEVIN R. ANDERSON , Bankruptcy Judge . In this case, the Debtor lacked the funds to pay a pre-petition retainer for an attorney to represent him in a Chapter 7 case. Capstone Law offered the Debtor a bifurcated fee arrangement that involved no retainer for filing the petition, and then a post-petition fee agreement to pay $2,000 in ten monthly installments. The parties agreed, Capstone Law filed the case, and the Debtor...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER GRANTING MOTION TO SUBSTANTIVELY CONSOLIDATE THE FALLS EVENT CENTER LLC WITH DEBTORS THE FALLS AT GILBERT, LLC, THE FALLS AT ST. GEORGE, LLC, THE FALLS OF LITTLETON, LLC, THE FALLS AT FRESNO, LLC, AND THE FALLS AT CLOVIS, LLC; and NON-DEBTORS THE FALLS AT CUTTEN ROAD, LLC, THE FALLS AT STONE OAK PARKWAY, LLC, THE FALLS AT BEAVERTON, LLC, AND THE FALLS AT ROSEVILLE, LLC R. KIMBALL MOSIER , U.S. Bankruptcy Judge . The matter...
MEMORANDUM DECISION ON FEE APPLICATION OF J. PHILIP COOK, LLC KEVIN R. ANDERSON , Bankruptcy Judge . The Debtor employed J. Philip Cook, LLC ("Cook") to provide appraisal services in connection with the final hearing on cash collateral. Unfortunately, Cook began billing for services on November 5, 2018, but the application to employ was filed on November 16, 2018. Between November 5 and November 15, Cook billed a total of $10,947.50. The Court subsequently approved Cook's employment, but...
MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . Brent and Jo-Ann Christensen and John Bird (collectively, the Debtors) believe that Gary Jubber, the former chapter 7 trustee in these cases, and Fabian VanCott, the law firm employed as his general counsel (collectively with Jubber, the Trustee), acted improperly in attempting to sell their homes while their cases were in chapter 7. They now seek leave to sue the Trustee outside this Court on grounds of breach of fiduciary...
MEMORANDUM DECISION FINDING THAT DEFENDANT'S DEBT TO PLAINTIFF IS NON-DISCHARGEABLE UNDER 11 U.S.C. 523(a)(2)(A) KEVIN R. ANDERSON , Bankruptcy Judge . It's a familiar story — a person in financial need approaches an acquaintance with known resources for a loan. The transaction sours, resentments grow, memories fade, litigation ensues, and years later the court must decipher the facts and determine if the debtor is entitled to a discharge of the resultant debt. Eduardo Valadez ("Valadez"...
MEMORANDUM DECISION ON MOTION FOR SANCTIONS FOR VIOLATION OF THE AUTOMATIC STAY (DOCKET NO. 34) KEVIN R. ANDERSON , Bankruptcy Judge . Is it a credible defense to a motion for sanctions for stay violations for a creditor to claim it lacked notice of the bankruptcy filing, even after service of multiple bankruptcy papers followed by phone calls from the debtors The Court thinks not. I. JURISDICTION, NOTICE, AND VENUE The Court has jurisdiction over this contested matter pursuant to 28 U....
