MEMORANDUM OPINION WHITMAN L. HOLT , Bankruptcy Judge . The Bankruptcy Code contains many sections providing broad and flexible powers for courts to deploy to facilitate the rehabilitation of a given debtor based on the context of that debtor's case. Perhaps the most notable power (and probably the most incorrectly invoked) rests in Bankruptcy Code section 105(a)'s general enabling authority. There are myriad other broad grants of authority to be found, however, including in Bankruptcy...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF DEBTORS' SECOND AMENDED PLAN OF REORGANIZATION FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER come on for hearing on January 16, 2020 for confirmation of Debtors proposed 2nd Amended Plan of Reorganization (the "Plan") (ECF #405). William L. Hames and John W. O'Leary appearing for Debtors; Deborah Crabbe appearing for creditor Bank of the West; David Eash appearing for creditor EPL Feed, LLC; and James Perkins...
ORDER RESOLVING ALL PENDING MOTIONS AND MATTERS WHITMAN L. HOLT , Bankruptcy Judge . The court issues this order to resolve all pending motions and matters in the above-captioned case and to explain why the court declines to consider any further filings in connection with this dismissed case. BACKGROUND The purported debtors, Mario Botello Soria and Leticia Ramirez Garcia ("Petitioners"), 1 held themselves out as spouses in a putative joint chapter 7 petition. 2 Because Petitioners are...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CRAM-DOWN INTEREST RATE FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court on the Confirmation Hearing which took place on January 16, 2020 (ECF No. 564). The court reviewed the files and records herein including pleadings filed in connection with the supplemental telephonic hearing held on February 4, 2020, heard argument of counsel and testimony from Kevin Gilbert and Lucas Kartic, is fully advised in the premises,...
NOT FOR PUBLICATION MEMORANDUM DISPOSITION RESOLVING COMPETING MOTIONS FOR PARTIAL SUMMARY JUDGMENT Related Docket Nos. 41, 42, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54 & 55 WHITMAN L. HOLT , Bankruptcy Judge . The Bankruptcy Code grants bankruptcy trustees an array of powers, exercise of which sometimes produces harsh results for those who did nothing wrong but failed to comply with a seemingly technical legal requirement. Among those powers is the ability to avoid certain pre-bankruptcy...
FINDINGS OF FACT FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER coming before the Court for hearing on November 25, 2019 upon the issues raised by Debtors' request for confirmation of Debtors' Third Amended Plan of Reorganization filed herein on December 19, 2019 [ ECF 391 ] (hereinafter the "Plan"), and based upon the evidence produced, the Court now makes the following: FINDINGS OF FACT 1. The Debtors' Plan was submitted to Creditors and other parties in interest; 2. The Plan...
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHITMAN L. HOLT , Bankruptcy Judge . THIS MATTER having come before the above-entitled court for confirmation, which confirmation hearing was held by telephone conference on December 17, 2019; and the debtor appearing personally and by and through her attorney, William L. Hames of Hames, Anderson, Whitlow & O'Leary, P.S., and the court having reviewed the Chapter 12 Plan, the Trustee's Confirmation Summary, the declaration of Helen Reddout, and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: ORDER AUTHORIZING SALE OF RECEIVABLES PORTFOLIOS, APPROVING RECEIVABLES PURCHASE AGREEMENT, AND GRANTING RELATED RELIEF FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER having come on regularly for hearing upon the Motion filed October 28, 2019 [Dkt. No. 14600] (the " Motion "), of Metropolitan Mortgage & Securities Co., Inc. (" Metropolitan "), the Metropolitan Creditors' Trust (the " Metropolitan Trust "), Summit Securities, Inc. ("...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FRANK L. KURTZ , Bankruptcy Judge . THIS MATTER having come on regularly for hearing before the Honorable Frank L. Kurtz, United States Bankruptcy Judge for the Eastern District of Washington, by telephone conference on October 25, 2019, the Debtors appearing by and through their attorney of record JAMES P. HURLEY of Hurley & Lara, the Chapter 12 Trustee FORD ELSAESSER appearing in person and by written report and other counsel appearing for various...
FINDINGS OF FACT FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER coming before the Court for hearing upon the issues raised by Debtors' request for confirmation of Debtors' First Amended Plan of Reorganization, filed herein on May 17, 2019, under docket number 225, as amended and modified by Debtors' Amendment to First Amended Plan [ ECF 294 ] (the "Plan"), and based upon the evidence produced, the Court now makes the following: FINDINGS OF FACT 1. The Debtors' Plan was submitted...
FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the Court on Lindsay Mullen's Complaint against debtor Marvin L. Olson, III filed August 8, 2019 (ECF No. 1). The trial in this adversary proceeding took place on September 26 and 27, 2019. The Court considered the testimony of Marvin Olson, III, John Russell, II, Johnny Russell, III, Brooke Ballard, Deputy Travis Pendell, Nichole Perry, Annette Olson, and Marvin "Mark" Olson, II...
MEMORANDUM DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER DENYING CLAIM OF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Frederick P. Corbit , Bankruptcy Judge . The debtors object to the $74,590.95 unsecured claim of Taylor, Bean & Whitaker Mortgage Corporation ("Taylor Bean"). 1 (ECF No. 30) The objection is sustained because Taylor Bean's claim is stale and the debtors and other creditors would be prejudiced if it was allowed. FACTS The material facts are undisputed. In...
NOT FOR PUBLICATION FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER TERMINATING DEED OF TRUST FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court on the debtor's complaint to determine the validity of Citigroup Mortgage Loan Trust, Inc., Asset Backed Pass-Through Certificates, Series 2007-AMCI's ("Citigroup") mortgage lien. (ECF No. 1) The court has conducted a trial, considered the testimony of the witnesses, reviewed the evidence and exhibits, and listened to the...
CONCLUSIONS OF LAW FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came on for hearing on September 24, 2019 upon the issues raised by Debtor's request to confirm Debtor's Plan of Reorganization filed herein on December 10, 2018 [ ECF 67 ], as modified pursuant to the First Amendment to Plan of Reorganization filed herein on July 16, 2019 [ ECF 107 ] (collectively the "Plan"), and the Court having entered its Findings of Fact, based upon the evidence produced, the Court now makes the...
FINDINGS OF FACT FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER coming before the Court for hearing on September 24, 2019 upon the issues raised by Debtor's request for confirmation of Debtor's Plan of Reorganization filed herein on December 10, 2018 [ ECF 67 ], as modified pursuant to the First Amendment to Plan of Reorganization filed herein on July 16, 2019 [ ECF 107 ] (collectively the "Plan"), and based upon the evidence produced, the Court now makes the following: FINDINGS OF...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CONFIRMATION OF SECOND AMENDED PLAN FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER having come before the Court on August 8, 2019, on confirmation of Debtor's Second Amended Plan filed herein, as modified per Debtor's Supplement to the Plan [Dkt. No. 250 ], the Stipulation as to U.S. Bank Trust NA [Dkt. No. 252], the Supplement as to Class 4 [Dkt. No. 263], the Stipulated Treatment as to Class 10 Secured Claim (Bank of America) [Dkt. Nos....
FINDINGS OF FACT & CONCLUSIONS OF LAW RE: CONFIRMATION OF CHAPTER 11 PLAN OF REORGANIZATION FRANK L. KURTZ , Bankruptcy Judge . This matter came on for hearing on August 14, 2019 on the request of Mensonides Dairy, LLC and Art & Theresa Mensonides (collectively "Debtors" ) for confirmation of the Debtors' proposed 1 st Amended Plan of Reorganization ("Plan") ([Docket No. 479]. The Court has considered the Declaration of Art Mensonides as well as any testimony elicited or proffered...
MEMORANDUM DECISION REGARDING STAY MOTION Frederick P. Corbit , Bankruptcy Judge . Wells Fargo Bank, N.A. ("Wells Fargo") requested relief from the Bankruptcy Code's automatic stay or an order confirming the stay does not apply so it may evict Raul Lopez from his home [ECF No. 9]. Wells Fargo, seeking to record a trustee's deed to complete a pre-petition trustee's sale, argues Mr. Lopez no longer had a legal or equitable interest in the property at the time he filed his chapter 13...
NOT FOR PUBLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court pursuant to the complaint filed by Debtor Lance Erin Huff objecting to the claim of Jill Marie Weyant Huff (Claim No. 3). 1 The trial took place on January 17, 2019. At trial, the court heard testimony from Karen Goehri, Cori Caro, Jill Weyant, and Lance Huff. The court has considered the testimony, the exhibits admitted at trial, the arguments of the...
NOT FOR PUBLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court pursuant to the complaint filed by Debtor Lance Erin Huff objecting to the claim of Jill Marie Weyant Huff (Claim No. 3). 1 The trial took place on January 17, 2019. At trial, the court heard testimony from Karen Goehri, Cori Caro, Jill Weyant, and Lance Huff. The court has considered the testimony, the exhibits admitted at trial, the arguments of the...
