UNDER ADVISEMENT ORDER NOT FOR PUBLICATION DANIEL P. COLLINS , Bankruptcy Judge . Before this Court are two claims for relief sought in this adversary proceeding (the "Adversary Proceeding") filed by plaintiff, Robert C. Reish ("Reish"), pertaining to a MD helicopter, model 369FF, serial number 0041FF (the "41FF"). The Counterclaims filed by the defendant/counterclaimant Phoenix Heliparts, Inc. Liquidating Trust (the "Trust") against Reish and his wife (the "Reishes") include a 11 U.S.C....
NOT FOR PUBLICATION UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Motion ("Motion") of Defendants Jerry Moyes ("Moyes") and J. Kevin Burdette ("Burdette") ("Defendants") for Report and Recommendation for Partial Summary Judgment on Count Six and Request for Judicial Notice. 1 In summary, Defendants contend Plaintiff's claims for breach of fiduciary duty were released by the Debtor before this bankruptcy and are barred by the doctrine of in pari...
UNDER ADVISEMENT ORDER Daniel P. Collins , Bankruptcy Judge . The question before this Court is an issue of first impression: are pet insurance proceeds exempt under Arizona law and, if so, is the exemption limited to the Debtor's claimed value of the pet This Court reads A.R.S. 33-1126(5) to exempt the pet insurance proceeds described below. This Court does not read A.R.S. 33-1125(3) to limit the amount of the insurance proceeds exemption to the value of the pet. Finally, the Court...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING RE THIRD INTERIM APPLICATION FOR ATTORNEYS' FEES AND EXPENSES DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Third Interim Application for Attorneys' Fees and Expenses ("Third Application") filed on June 6, 2018 (DE 1 50) by Radix Law, PLC ("Applicant"), counsel for Debtor, Tanya N. Heykoop ("Debtor"). The Chapter 13 Trustee objected to the Third Application. The Court now approves the amount of $1,887.34, a sum $2,000 less...
RULING AND ORDER REGARDING CHAPTER 11 PLAN CONFIRMATION BRENDA MOODY WHINERY , Bankruptcy Judge . This matter came before the Court pursuant to the Plan of Reorganization Dated January 17, 2018 (the "Plan") filed by Ubaldo Juarez (the "Debtor") on January 17, 2018 (TE C) 1 ; the Objection to Confirmation (the "Objection") filed by Edgar Todeschi and Georgina Ponce (the "Creditors") on March 8, 2018 (Dkt. 88); and all pleadings related thereto. A trial was conducted on May 31, 2018 (the...
RULING AND ORDER BRENDA MOODY WHINERY , Chief Bankruptcy Judge . I. Introduction This matter came before the Court pursuant to the Complaint for Declaratory Relief (the "Complaint") filed by Bullseye Holdings, LLC (the "Debtor" and/or "Holdings"), in which the Debtor asks the Court to determine that federal tax liens filed against related entity Bullseye Feeders, LLC ("Feeders") do not encumber certain real property located in Fort Morgan, Colorado (the "Property") 1 which was...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING REGARDING DEBTORS' HOMESTEAD EXEMPTION DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is Timothy R. Wright's ("Wright") objection 1 ("Homestead Objection") to Ahmad Wali Mailatyar's ("Mr. Mailatyar") and Edyta Kamila Mailatyar's ("Ms. Mailatyar") (collectively "Debtors") claimed homestead exemption. This Court finds Wright has carried his burden of proof. Wright's Homestead Objection is hereby sustained. Debtors' claimed homestead...
RULING AND ORDER REGARDING DEBTORS' PLAN BRENDA MOODY WHINERY , Chief Bankruptcy Judge . This matter came before the Court pursuant to the Motion to Set Confirmation Hearing (the "Motion") filed by John and Ericka Reichard (the "Debtors") (Dkt. 37); the Response to Debtor's Motion to Set Confirmation Hearing (the "Response") filed by Russell Brown, the Chapter 13 Trustee (the "Trustee") (Dkt. 39); the Debtors' Reply in Support of Motion to Set Confirmation Hearing (the "Reply") (Dkt....
AMENDED RULING AND ORDER REGARDING PAYMENT OF CHAPTER 13 ATTORNEY'S FEES BRENDA MOODY WHINERY , Bankruptcy Judge . This matter is before the Court pursuant to the Trustee's Application for Expenses and Fees, Distribution of Funds for Costs and Adequate Protection Payments in a Converted Pre-Confirmed Case filed by Dianne Kerns, the Chapter 13 Trustee (the "Trustee's Application"), Debtor's Counsel's Objection to Trustee's Application (the "Objection") filed by Dean O'Connor (the "...
RULING AND ORDER REGARDING PAYMENT OF CHAPTER 13 ATTORNEY'S FEES BRENDA MOODY WHINERY , Bankruptcy Judge . This matter is before the Court pursuant to the Trustee's Application for Expenses and Fees, Distribution of Funds for Costs and Adequate Protection Payments in a Converted Pre-Confirmed Case filed by Dianne Kerns, the Chapter 13 Trustee (the "Trustee's Application"), Debtor's Counsel's Objection to Trustee's Application (the "Objection") filed by Dean O'Connor (the "Debtor's...
RULING AND ORDER REGARDING BLUE WOLF CAPITAL FUND III, L.P.'S ADMINISTRATIVE EXPENSE CLAIM BRENDA MOODY WHINERY , Chief Bankruptcy Judge . This matter came before the Court pursuant to Proof of Claim 76-1 filed by Blue Wolf Capital Fund III, L.P. ("Blue Wolf") on March 24, 2015, which was subsequently deemed an application for payment of an administrative expense claim; 1 the Objection of Debtor to Claim No. 76 filed by Blue Wolf Capital Fund III, L.P.; and Notice of Bar Date for...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING RE THIRD AND FINAL APPLICATION FOR APPROVAL OF ATTORNEYS' FEES AND COSTS DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is the Third and Final Application ("Final Application") for allowance and payment of $17,398 in fees and $134.32 in costs sought by the law firm of Davis Miles McGuire Gardner ("DM"). Erling S. Calkins and Elaine S. Calkins ("Debtors") challenge these fees claiming, among other things, that DM failed to seek to...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING REGARDING CHAPTER 13 ELIGIBILITY DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is Timothy R. Wright's ("Wright") Emergency Motion (the "Motion") (DE 1 30) seeking to convert Ahmad Wali Mailatyar's and Edyta Kamila Mailatyar's ("Debtors") chapter 7 case to a chapter 13 case because, Wright contends, Debtors do not qualify as chapter 13 debtors under 11 U.S.C. 109(e). 2 This Court agrees the claim of First Guaranty Mortgage...
NOT FOR PUBLICATION UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is Esteban Roberto Casillas, Sr. and Mary Louise Casillas ("Debtors") motion ("Motion to Vacate") seeking to vacate this Court's December 21, 2017 order ("Order") (DE 23 1 ) granting the Bankruptcy Rule 2004 motion filed by Kathleen Baker-Short ("Baker") . Debtors contend this Court erred in issuing the Order and that the Order should be vacated because Baker no longer holds a claim against...
NOT FOR PUBLICATION ORDER DANIEL P. COLLINS , Bankruptcy Judge . This matter having come before the Court for an evidentiary hearing in Flagstaff, Arizona on March 23, 2018 at 1:00 p.m.; and The Court having considered the testimony of the debtor, the exhibits admitted into evidence and having heard arguments of counsel; and Good cause appearing. IT IS ORDERED: 1. The Court finds that the statute at issue, A.R.S. 33-1130(1), permits an exemption for certain tools and equipment which...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING RE CONDUIT PLAN DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Objection of Chapter 13 Trustee, Edward J. Maney ("Trustee"), to the First Amended Plan ("Amended Plan") of Ronald A. Klave, Jr. and Sofia R. Klave ("Debtors"). The Trustee contends the Amended Plan impermissibly removes ongoing monthly conduit mortgage payments. This Court now finds, that once the Debtors entered this Court's Mortgage Modification Mediation Program (...
NOT FOR PUBLICATION ORDER DENYING DEBTOR'S MOTION TO AMEND OR ALTER UNDER ADVISEMENT RULING DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is Va Bene Trist LLC's ("Debtor") Motion to Alter or Amend Under Advisement Order and Motion For Relief From Judgment ("Motion for Reconsideration"). The Motion for Reconsideration pertains to this Court's Under Advisement Ruling ("Ruling"), dated October 26, 2017 (DE 47). 1 In that Ruling, the Court set forth its findings of fact and...
