ORDER ON MOTION TO DISMISS Howard R. Tallman , Judge , United States Bankruptcy Court. This case comes before the Court on the United States Trustee's Motion to Dismiss under 11 U.S.C. 707(b)(1) and 707(b)(2) or, in the alternative, 707(b)(3), filed on October 31, 2014 (docket # 15) (the "Motion"), and Debtors' Response filed on November 26, 2014 (docket # 19). The hearing in this matter, originally set for June 25, 2015, was rescheduled several times by agreement of the parties. On...
ORDER ON APPLICATION FOR ADMINISTRATIVE EXPENSE HOWARD R. TALLMAN , Bankruptcy Judge . This matter comes before the Court to consider HIT Inc's Application for Administrative Claim Pursuant to 11 U.S.C. 503(b)(7) (docket #110) ("HIT's Application"). I. BACKGROUND The Debtors commenced this case under chapter 13 on February 7, 2013 (the "Petition Date"). Prior to and on the Petition Date, the Debtors operated a business known as Platinum Play Family Fun and Event Center ("Platinum...
ORDER MICHAEL E. ROMERO , Bankruptcy Judge . THIS MATTER is before the Court on the Order Vacating Bankruptcy Court's Judgment and Remanding for Further Proceedings 1 (the "Remand Order") entered by the United States District Court for the District of Colorado (the "District Court") and the Order Directing Parties to File Briefs on Remand (the "Briefing Order") 2 The Court has reviewed the briefs on remand 3 and the responses thereto 4 filed by Plaintiff Mercury Companies, Inc. ("...
ORDER ON MOTION FOR RELIEF FROM STAY Howard R. Tallman , Judge , United States Bankruptcy Court. THIS MATTER comes before the Court on the Motion for Relief from Stay filed by creditor Alta Vista, LLC, ("Alta Vista") on March 18, 2015 (docket #47), and the response filed by Debtor on April 7, 2015 (docket #54). An evidentiary hearing was held on June 3, 2015, at the conclusion of which the Court took the matter under advisement. The Court is now ready to rule. I. BACKGROUND Alta Vista...
CORRECTED 1 ORDER: (1) DENYING OBJECTION TO CONFIRMATION; (2) REGARDING CONFIRMATION OF CHAPTER 13 PLAN; AND (3) VACATING HEARING A. BRUCE CAMPBELL , Bankruptcy Judge . Before the Court are the Debtors' Fourth Amended Plan ("Amended Plan") and the Objection thereto filed by Southcreek Master Homeowners Association ("HOA"). A hearing on Debtors' Amended Plan and the HOA's Objection to Fourth Amended Plan ("Objection") is set to commence on January 29, 2015, on the Law and Motion Calendar...
ORDER ON MOTION TO COMPEL THOMAS B. McNAMARA , Bankruptcy Judge . The matter before the Court is a discovery dispute. Applicant, Allen & Vellone, P.C. ("Allen & Vellone"), filed a "Motion to Compel Citywide Banks' Responses to Discovery and for Sanctions Pursuant to Fed. R. Civ. P. 37(a)(5)(A)" (the "Motion to Compel," Docket No. 298). Objector, Citywide Banks, filed a "Response to Motion to Compel" (the "Response") opposing the Motion to Compel. (Docket No. 304.) The Court conducted a non-...
ORDER Michael E. Romero , Chief Judge, United States Bankruptcy Court THIS MATTER came before the Court on the Plaintiffs' Amended Complaint seeking a nondischargeable judgment against the Defendant in connection with two loans. Plaintiffs abandoned their claim under 11 U.S.C. 523(a)(6) 1 at trial, leaving only a single claim against Defendant for alleged false representation under 523(a)(2)(A). Based on the evidence and legal argument presented by the parties, the Court makes the...
ORDER ON PENDING MOTIONS Howard R. Tallman , Judge United States Bankruptcy Court THIS MATTER is before the Court on the following motions and related filings: (1) The Motion to Intervene (docket # 43) filed by Randle W. Case, the Responses thereto filed by the Plaintiffs 2 and the Defendants (docket # 72 and # 73, respectively), the Reply filed by Mr. Case (docket # 75), and the Sur-Reply filed by the Plaintiffs (docket # 84); (2) The Plaintiffs' Motion for Partial Summary Judgment (...
ORDER ON THE COURT'S ORDER TO SHOW CAUSE Howard R. Tallman , Judge , United States Bankruptcy Court. This matter comes before the Court for hearing on the Court's Order to Show Cause Why the Debtors' Discharge Should Not Be Vacated as Improvidently Granted (docket # 87) (the Order to Show Cause). The Court issued its Order to Show Cause because its review of its docket revealed contradictory filings that call into question the propriety of the Court's entry of the Debtors' discharge in...
ORDER GRANTING MOTION TO DISMISS Howard R. Tallman , Judge , United States Bankruptcy Court. This matter comes before the Court on Defendant Dolores Golden's Motion to Dismiss (docket # 5) and Plaintiff Chapter 7 Trustee's Motion for Summary Judgment (docket # 7). This Court has also reviewed and considered Plaintiff's Objection to Defendant's motion (docket # 6). The Court will grant Defendant's Motion to Dismiss and deny Plaintiff's Motion for Summary Judgment. I. FACTS On August 23,...
Chapter 13 Chapter 7 ORDER ON MOTIONS FOR RELIEF FROM STAY Howard R. Tallman , Judge United States Bankruptcy Court. THIS MATTER came before the Court on motions for relief from stay filed in each Debtor's bankruptcy case by Creditors Credit Investments, Inc. and Medical Lien Management, Inc. (the "Creditors"). In the case of Debtor Billy Russell Dampier, Jr. ("Billy"), number 14-24526-HRT, the Creditors' Motion for Relief from Stay (docket #13) was filed on November 4, 2014, and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER The Honorable Sidney B. Brooks , United States Bankruptcy Judge . THIS MATTER comes before the Court on the Complaint filed by Plaintiff Jared Walters, Chapter 7 trustee (the "Trustee") and the Amended Answer filed by Defendant Farmers Korner, Inc. ("Farmers Korner"). Trial in this adversary proceeding was held on June 18, 2014. The Court, having reviewed the pleadings and considered the testimony, exhibits, arguments of counsel, and legal...
ORDER DENYING MOTION TO RECUSE JUDGE SIDNEY B. BROOKS Sidney B. Brooks , United States Bankruptcy Judge . THIS MATTER is before the Court on the Motion to Recuse Judge Sidney B. Brooks (Docket No. 122) (the "Motion") filed by Debtors Bradley Alvin Ottman and Dana Marie Ottman and the response thereto (Docket No. 126) (the "Response") filed by Standing Chapter 13 Trustee Sally Zeman (the "Trustee"). The Court, having considered the Motion; the Response; the Debtors' Reply to the Motion (...
