MEMORANDUM DECISION ON SUBSTANTIAL CONSUMMATION PROVISION IN DEBTOR'S PLAN OF REORGANIZATION BRIAN D. LYNCH , Bankruptcy Judge . In its First and Second Amended Plans of Reorganization, Debtor Fraser's Boiler Service, Inc. included a provision that states "On the Effective Date, the Plan shall be deemed to be substantially consummated under Sections 1101 and 1127(b) of the Bankruptcy Code." ECF No. 442 at 39; ECF No. 125 at 26. The First and Second Amended Plans defined "Effective Date" as:...
MEMORANDUM DECISION ON OBJECTIONS TO RELEASES AND EXCULPATIONS IN DEBTOR'S PLAN OF REORGANIZATION AND LIQUIDATING TRUST AGREEMENT Brian D. Lynch , U.S. Bankruptcy Court Judge . In its Objection to the Debtor's First and Second Amended Plans of Reorganization (ECF No. 383), the United States Trustee ("UST") objected to certain releases and exculpations contained in the Debtor's Second Amended Plan and the accompanying Liquidating Trust Agreement. Certain London Market Insurers and...
MEMORANDUM DECISION ON MOTION TO AUTHORIZE DIVISION AND DISBURSEMENT OF HOMESTEAD EXEMPTION AND TO DISBURSE FINAL PAYMENT TO UMPQUA BANK Mary Jo Heston , U.S. Bankruptcy Judge . This matter came before the Court on September 6, 2018, on the motion to authorize division and disbursement of debtor's homestead exemption and to allow a final payment to Umpqua Bank filed by Chapter 7 trustee Brian Budsberg ("Trustee"). The United States, on behalf of its agency, the Internal Revenue Service ("...
MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON REMAINING CAUSES OF ACTION Mary Jo Heston , U.S. Bankruptcy Judge . This matter came before the Court for hearing on August 16, 2018, on Plaintiff's Motion for Summary Judgment for Avoidance and Recovery of Fraudulent Transfer and Post-petition Transfer ("Motion"), filed by Kathryn Ellis, Trustee ("Trustee") of the Estate of Ingrim Family LLC ("Debtor"). The Court previously entered an Order on Motion for Summary Judgment...
MEMORANDUM DECISION ON CALCULATION OF HOUSEHOLD SIZE BRIAN D. LYNCH , Bankruptcy Judge . Debtor James Woldstad filed a motion (ECF No. 37) for confirmation of his amended plan. The Chapter 13 Trustee filed a response to the motion (ECF No. 40) raising two objections. The Chapter 13 Trustee's primary objection is to the Debtor's calculation of his household size. 1 The Motion was argued on August 1, 2018. At that hearing, the Court orally overruled the Chapter 13 Trustee's objection to the...
MEMORANDUM DECISION ON FRASER'S BOILER SERVICE, INC.'S MOTION FOR AN ORDER APPROVING (I) A SETTLEMENT AGREEMENT WITH CERTAIN INSURERS, (II) THE SALE OF CERTAIN POLICIES TO CERTAIN INSURERS, AND (III) CERTAIN OTHER RELIEF TO BE PROVIDED TO CERTAIN INSURERS BRIAN D. LYNCH , Bankruptcy Judge . Debtor Fraser's Boiler Service, Inc. filed a motion (ECF No. 61) requesting that the Court enter an order: (i) approving the Settlement Agreement and Release, dated January 11, 2018, as later amended,...
MEMORANDUM DECISION Marc Barreca , U.S. Bankruptcy Court Judge . INTRODUCTION This matter came before me on motions for summary judgment by the Plaintiff, Randy Sanders (" Sanders " or the " Plaintiff "), and the Defendant, AllianceOne Receivables Management, Inc. (" AllianceOne " or the " Defendant ") (Dkt. Nos. 68 and 73). Sanders filed this adversary proceeding after objecting to proofs of claim nos. 1, 2 and 4 (the " Proofs of Claim ") filed by AllianceOne in the main bankruptcy case...
MEMORANDUM DECISION Christopher M. Alston , U.S. Bankruptcy Judge . The Court conducted a bench trial in this adversary proceeding on April 24, 25, and 27, 2018. Martin L. Smith and Sarah R. Flynn represented the Office of the United States Trustee (the "Plaintiff" or the "U.S. Trustee"). Donald A. Bailey represented Defendant Alanna G. Ellis ("Alanna" 1 ). The Court heard closing arguments on May 2, 2018, and then took the matter under advisement. At trial, the U.S. Trustee asserted that...
MEMORANDUM DECISION ON TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF EXEMPTION MARY JO HESTON , Bankruptcy Judge . This matter came before the Court on March 6 and May 1, 2018, on the objection of the Chapter 7 Trustee ("Trustee") to the claim of exemption of Timothy and Jonica Beird ("Debtors"). After considering the pleadings and arguments presented, the Court's findings of fact and conclusions of law are as follows. BACKGROUND The Debtors filed a voluntary Chapter 7 petition on December 2,...
MEMORANDUM DECISION ON APPLICATION FOR COMPENSATION OF FARM MANAGER MARY JO HESTON , Bankruptcy Judge . This matter came before the Court on April 5, 2018, on the Application for Compensation of Farm Manager ("Application") filed by the Chapter 12 Trustee ("Trustee"). After the hearing, the Court gave the Farm Manager, Shelly Crocker, the opportunity to file a supplemental declaration in support of her Application. Ms. Crocker timely filed a supplemental declaration ("Supplemental...
MEMORANDUM DECISION AND ORDER ON DEBTOR'S OBJECTION TO CLAIM NO. 1 OF KITSAP CREDIT UNION Christopher M. Alston , U.S. Bankruptcy Judge . THIS MATTER came before the Court on the Debtor's Objection to Claim No. 1 of Kitsap Credit Union (the "Objection"). The Court considered the Objection, the Response of Kitsap Credit Union ("Kitsap"), and the Debtor's Reply, and has taken judicial notice of all relevant entries on the docket in this case to ascertain facts not reasonably in dispute. 1...
MEMORANDUM DECISION ON DEBTOR'S OBJECTION TO CLAIM OF SOUND CREDIT UNION (CLAIM 1) MARY JO HESTON , Bankruptcy Judge . This matter came before the Court on March 22, 2018, on the objection of the debtor Jason Bunge ("Debtor") to the claim of Sound Credit Union ("Sound CU"). The Court considered the documents in the record, the arguments of counsel, and otherwise being fully advised denies the objection in part. BACKGROUND The Debtor filed his Chapter 13 bankruptcy petition on November...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING EVIDENTIARY HEARING Marc Barreca , U.S. Bankruptcy Court Judge . INTRODUCTION The United States Trustee (" U.S. Trustee ") has filed an Amended Motion for Examination of Fee, Disgorgement, and Civil Penalty, seeking an order requiring UpRight Law (defined below), and Jared D. Bellum (" Mr. Bellum ") to refund some or all of the fees that the debtors, Michael Paul Foster and Juryleen Marzan Foster (the " Fosters "), paid to UpRight in Fair...
MEMORANDUM DECISION Mary Jo Heston , U.S. Bankruptcy Judge . This matter is before the Court on the Application for Allowance of Administrative Expense — Substantial Contribution Claim of Attorneys for J D Logistics ("Application"), filed by J D Logistics, Inc. ("JDL"). The Chapter 7 Trustee ("Trustee") filed the only response to the Application. After considering the pleadings, evidence, and arguments presented, the Court's findings of fact and conclusions of law are as follows....
MEMORANDUM DECISION Christopher M. Alston , U.S. Bankruptcy Judge . The Court conducted a bench trial in this adversary proceeding on January 30 and 31, 2018. David Neu and K & L Gates LLP represented Plaintiff Mark Calvert, the Chapter 11 Trustee (the "Trustee") of the estate of Northwest Territorial Mint, LLC (the "Mint"). Thomas Quinlan and Smith Alling PS represented Defendant Diane Erdmann. The Court requested additional briefing and heard closing arguments on February 6, 2018, and...
MEMORANDUM DECISION BRIAN D. LYNCH , Bankruptcy Judge . A hearing was held on February 14, 2018 on the Ch. 13 Trustee's Objection to Confirmation with Strict Compliance (the "Objection") (ECF No. 21). The Court has reviewed the Trustee's Objection, Trung Nhat Phan and Thuy Hoang Vinh Cai's (the "Debtors") Response (ECF No. 22) and the Debtors' Supplemental Response (ECF No. 24). The Ch. 13 Trustee Michael Malaier (the "Trustee") is represented by Matthew J.P. Johnson and the Debtors are...
