ORDER OVERRULING BMO HARRIS BANK'S OBJECTION TO DEBTORS' EXEMPTION OF PROFIT SHARING PLAN DANIEL P. COLLINS , Chief Judge . This matter came before the Court on BMO Harris Bank's Objection to James and Kathleen Gilbraith's claimed exemption of funds in a profit sharing plan. The Court considered the parties' pleadings, the experts' affidavits, the trial testimony of the parties' experts and admitted exhibits, the parties' closing arguments and briefs, and took the matter under advisement....
MEMORANDUM DECISION EILEEN W. HOLLOWELL, Bankruptcy Judge. I. INTRODUCTION Debtor personally guaranteed a loan made by Plaintiff to an LLC he controlled. That entity defaulted, and the loan was never repaid. Plaintiff seeks a determination that Debtor's obligation under his guarantee is nondischargeable under 11 U.S.C. 523(a)(2)(A) and (B). For the reasons explained in the balance of this decision, Plaintiffs are entitled to a judgment on one of their 523(a)(2)(A) claims. II....
MEMORANDUM DECISION BRENDA MOODY WHINERY, Bankruptcy Judge. I. INTRODUCTION This matter came before the Court pursuant to the Complaint to Determine Non-Dischargeability of Debt Based on 11 U.S.C. 523(a)(2), (4), and (6) (the "Complaint") filed by Craig and Delyte Nasch (the "Nasches" and/or "Plaintiffs") seeking relief against Enrico Baffert Laos and Beth Anne Laos (the "Laos'" and/or "Debtors") on January 11, 2013. A trial was conducted on October 23, 2013. The Court now rules,...
MEMORANDUM DECISION EILEEN W. HOLLOWELL, Bankruptcy Judge. I. INTRODUCTION This case arises out of the construction of a car wash ("Car Wash") for owner Arizona Auto Spa 4, LLC ("AAS4") and alleged misconduct by Debtor Richard Spreiser ("Spreiser"). 1 Spreiser is one of three members of Arizona Auto Spa Management, LLC ("AASM") and the manager of AAS4. AASM is not a member of AAS4. Scott Sheftel ("Sheftel") and Daryl Ross ("Ross") are the other two members of AASM, and Sheftel is also...
DECISION ON DISCHARGEABILITY OF POST-CONFIRMATION DEBT SARAH SHARER CURLEY, Bankruptcy Judge. I. INTRODUCTION This matter comes before the Court on a "Motion for Order Establishing that Country Mutual's Claim for Post-Effective Date Attorneys' Fees is Not Subject to Being Discharged Under Debtor's Plan" (the "Motion") filed on October 31, 2013 by Country Mutual Insurance Company ("Country"). Timothy Ray Wright ("Debtor" or "Wright") filed a Response on November 18, 2013, and Country filed a...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RANDOLPH J. HAINES, Chief Judge. On cross-motions for summary judgment, the issues are whether the Debtors' payments on their credit card within the preference period were made in the ordinary course of business, and the extent to which the Trustee's preference action is subject to a subsequent new value defense. Background Facts Debtors Travis and Mary Carter filed Chapter 7 1 on July 19, 2012. During the 90 days prior to...
