MEMORANDUM OF DECISION ON UNITED STATES TRUSTEE'S MOTION TO CONVERT THIS CHAPTER 11 CASE PURSUANT TO 11 U.S.C. 1112(b) CATHLEEN D. PARKER , Bankruptcy Judge . This matter is before the court on the United States Trustee's Motion to convert this case from Chapter 11 to Chapter 7, and Debtor's objection. The court took this matter under advisement at the hearing's conclusion and reserved ruling on the previously litigated Motion for Relief from Stay. 1 Avana Capital, LLC and Avana Fund I,...
AMENDED OPINION CATHLEEN D. PARKER , Bankruptcy Judge . This adversary proceeding came before the court for an evidentiary hearing on February 21, 2017, on the United States Trustee's Complaint to Deny Debtors' Discharge and Debtors Robert Alyn Rael and Lisa Lynn Rael's Answer. At the conclusion of the evidentiary hearing the court took the matter under advisement. Having reviewed the record, testimony and documentary evidence, the court is prepared to rule. Jurisdiction This court has...
OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Adv. No. 17-2006. CATHLEEN D. PARKER , Bankruptcy Judge . This matter is before the court on the Defendant's Motion for Summary Judgment and the Plaintiff's Response. This matter was initiated by the Chapter 7 Trustee, Tracy L. Zubrod filing a Complaint to Revoke Debtor's Discharge for refusal to obey a lawful order of this court. Additionally, Trustee Zubrod requested the court enter a judgment against Debtor for the pre-petition tax...
OPINION CATHLEEN D. PARKER , Bankruptcy Judge . This adversary proceeding came before the court for an evidentiary hearing on February 21, 2017, on the United States Trustee's Complaint to Deny Debtors' Discharge and Debtors Robert Alyn Rael and Lisa Lynn Rael's Answer. At the hearing's conclusion, the court took the matter under advisement. Having reviewed the record, testimony and documentary evidence, the court is prepared to rule. Jurisdiction This court has jurisdiction under 28 U....
OPINION ON THE UNITED STATES TRUSTEE'S COMPLAINT FOR THE REVOCATION OF DISCHARGE CATHLEEN D. PARKER , Bankruptcy Judge . This matter came before the court for trial on February 28, 2017, on the complaint filed by Plaintiff Patrick S. Layng, United States Trustee for Region 19, and the answer filed by Debtor/Defendant Stacey Jo Ridley. The parties were represented as stated on the record. At the conclusion of the trial, the court took the matter under advisement. Having reviewed the record,...
OPINION Cathleen D. Parker , United States Bankruptcy Judge . This matter came before the court for trial on February 10, 2016, on Plaintiff/Debtor, Red Eagle Oil, Inc.'s complaint and the Defendant/Equitable Oil Purchasing Company's answer and affirmative defenses. At the conclusion of the trial, the court requested the parties file findings of facts and conclusions of law. Having reviewed the record, testimony and exhibits, the court is prepared to rule. Plaintiff r2 Advisors, LLC is...
MEMORANDUM OPINION Honorable Cathleen D. Parker , United States Bankruptcy Judge . This matter comes before the Court upon the motion of Sigma Opportunity Fund II, LLC (Movant) to modify the automatic stay provided in 11 U.S.C. 362(a) 1 in order to allow a pending action to continue in the New York state court. A complete review of the record, and weighing all of the relevant factors, indicates that relief from the stay should be granted. This Court has jurisdiction to hear the Motion...
ORDER Michael E. Romero , Judge , United States Bankruptcy Court Attorneys are legal professionals. As a condition to practicing law in Wyoming, attorneys must affirmatively swear to "support, obey and defend the Constitution of the United States and the Constitution and laws of the State of Wyoming, and [to] faithfully and honestly and to the best of [their] ability discharge the duties of an Attorney and Counselor at Law." 1 The duty of candor and honesty underscore this oath, and...
OPINION ON MOTION TO CONVERT CASE TO CHAPTER 7 PETER J. McNIFF , Bankruptcy Judge . On August 27, 2014, the Motion to Convert Case to Chapter 7, filed by First Interstate Bank ("Bank") came before the court for an evidentiary hearing. John McTiernan, Jr. ("Debtor") filed a response. At the conclusion of the hearing, the court took the matter under advisement. Having reviewed the record, testimony and other evidence, and parties' arguments, the court is prepared to rule. Jurisdiction...
MEMORANDUM OPINION ON AMENDED OBJECTION TO PROOFS OF CLAIM OF COMMERCE BANK & TRUST PETER J. McNIFF, Bankruptcy Judge. On September 21, 2011 this matter came before the court for an evidentiary hearing on the Debtor's Amended Objection to Proofs of Claim filed on behalf of Commerce Bank & Trust ("Commerce Bank"). The parties were represented as stated on the record. The parties each submitted memoranda of law and stipulated exhibits requesting that the court consider the matter without the...
