FINDINGS OF FACT FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER coming before the Court for hearing on December 1, 2015, upon the issues raised by Debtors' request for confirmation of Debtors' First Amended Plan of Reorganization, filed herein on May 20, 2015, under docket number 183 and amendment thereto filed on October 2, 2015, under docket number 298 (the "Plan"), and based upon the evidence produced, the Court now makes the following: FINDINGS OF FACT 1. Debtors' Plan was...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER is before the court upon Numerica Credit Union's Motion for Judgment by Default (ECF No 13). Based upon the motion, and upon consideration of the documents and evidence presented, the court makes the following findings and conclusions: 1. Kasandra L. Gerimonte, the defendant, failed to timely answer the complaint of Numerica Credit Union ("Numerica"), and an order of default was entered (ECF Nos....
FINDINGS OF FACT FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER coming before the Court for hearing on November 5, 2015, upon the issues raised by Debtors' request for confirmation of Debtors' First Amended Plan of Reorganization filed on August 18, 2105 [ Docket No. 146] (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 has been...
MEMORANDUM DECISION FREDERICK P. CORBIT , Bankruptcy Judge . INTRODUCTION Autumn and Justin McCafferty filed a chapter 7 bankruptcy petition in December 2014 seeking to discharge their consumer debt. The discharge was granted on April 15, 2015. On March 24, 2015, Autumn McCafferty commenced this adversary proceeding seeking an undue hardship discharge of her student loan obligations pursuant to 11 U.S.C. 523(a)(8). Defendants, the United States Department of Education ("DOE") and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CONFIRMATION OF DEBTOR'S FOURTH AMENDED CHAPTER 11 PLAN OF REORGANIZATION FRANK L. KURTZ , Bankruptcy Judge . THIS MATTER having come on for hearing on September 1, 2015 before the Hon. Frank Kurtz for confirmation of the Debtor's Fourth Amended Chapter 11 Plan of Reorganization filed herein on May 11, 2015. The Debtor appeared personally through Jaspal Sohi, President and authorized agent of the Debtor, and through counsel, Paul H. Williams....
FINDINGS OF FACT AND CONCLUSIONS OF LAW FRANK L. KURTZ , Bankruptcy Judge . THIS MATTER having come on for hearing before the Honorable Frank L. Kurtz, United States Bankruptcy Judge for the Eastern District of Washington by telephone conference on June 1, 2015, the Debtors appearing by and through their attorney of record JAMES P. HURLEY of Hurley & Lara, the U.S. Trustee represented by GARY DYER, the Unsecured Creditors Committee being represented by PAUL LARSON of Larson, Berg & Perkins,...
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 March 26, 2015 on Debtor's request for confirmation of the Debtor's proposed Plan of Reorganization ("Plan") (Docket No. 76). The Court has considered the Declaration of John Gehlen as well as any testimony elicited at the confirmation hearing. Based upon the evidence, the Court hereby finds and concludes as follows: I....
FINDINGS OF FACT AND CONCLUSIONS OF LAW FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER having come before the above-entitled Court for confirmation, such confirmation hearing was held by telephone conference on March 5, 2015; and the Court having read the Declaration of Edward Ochoa, President of Debtor herein and having reviewed the plan and Trustee's Confirmation Summary, and having heard the arguments of counsel, makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW I....