MEMORANDUM OF DECISION TERRY L. MYERS , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, T Street LLC, Doheny LLC, Trestles LLC, Oaklands LLC, EJC LLC, EUDA LLC, Tammara Heron as trustee of the Heron Family Trust, and Silver Fox Management LLC (collectively "Plaintiffs") 1 seek a determination that debts are owed Plaintiffs by Paradigm Property Solutions, LLC ("Paradigm"); these debts are imputed to Ronald Wade Jaques ("Debtor"); 2 and these debts are...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction Before the Court is a motion to dismiss Count I of plaintiff Spring Creek Capital, LLC's ("Plaintiff") first amended adversary complaint. The motion was filed by defendant Ryan William Hawkes ("Defendant"). Dkt. Nos. 11, 14. Following the briefing, and a hearing held on February 25, 2020, the motion was taken under advisement. Dkt. No. 19. Having considered the parties' briefs and arguments, as well as the applicable...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION Farmers Grain, LLC ("Debtor" or "Farmers Grain") filed a petition for relief under chapter 11 on April 18, 2017. 1 The case was converted to a liquidation under Chapter 7 on August 15, 2017. A chapter 7 trustee, Noah Hillen ("Trustee"), was appointed. In the process of administering the case, Trustee determined that causes of action to recover alleged preferential transfers should be pursued. At issue here are...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction Before the Court are two objections to the homestead exemptions claimed by debtor Steven C. Wallwork ("Debtor"), Dkt. Nos. 19 and 31. The objections were filed by the chapter 7 1 trustee R. Sam Hopkins ("Trustee"). The Court conducted an evidentiary hearing on November 13, 2019, after which the parties requested the opportunity to file closing briefs. Following the completion of the briefing, see Dkt....
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction In this chapter 13 1 case, the Court addresses an issue concerning the disgorgement of a trustee's fees in the event a case is dismissed prior to plan confirmation. The standing Chapter 13 trustee, Kathleen A. McCallister ("Trustee"), filed her final report and account on October 30, 2019. Dkt. No. 29. On November 21, 2019, the debtors, Roger Evans and Lori Steedman ("Debtors"), filed an objection to...
MEMORANDUM OF DECISION TERRY L. MYERS , U.S. BANKRUPTCY JUDGE . On August 15, 2017, following an unsuccessful attempt at reorganizing its business under state law, Pavement Markings Northwest, Inc., ("Pavement" or "Debtor") filed a petition for relief under chapter 11. 1 On November 20, 2017, the Court converted the case to chapter 7 pursuant to 1112(b). Doc. No. 104. A chapter 7 trustee, Noah Hillen ("Trustee"), was appointed. The issues presently before the Court arise from the...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before this Court is the motion of Defendants, David R. Unruh Trust and David R. Unruh, for a jury trial in this adversary proceeding. The Court determines that the motion will be denied, and it will enter an order accordingly. On April 9, 2019, chapter 7 trustee, Noah G. Hillen ("Plaintiff"), filed his complaint seeking recovery under 547(b) and 550(a) 1 of $300,000 transferred prepetition by Farmer's Grain, Inc. ("Debtor"),...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before this Court is the motion of Defendant, Burke Electric, Inc., for a jury trial in this adversary proceeding brought by chapter 7 trustee, Noah G. Hillen ("Plaintiff"), to avoid transfers pursuant to 547(b), 549, and 550(a). 1 The Court determines that motion will be denied, and it will enter an order accordingly. On March 18, 2019, Plaintiff filed his complaint seeking recovery under 549 and 550 of $2,734 transferred...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction In this chapter 7 case, the Court addresses an issue concerning the scope of property included in the bankruptcy estate. 1 The chapter 7 trustee, Gary L. Rainsdon ("Trustee"), filed his final report on September 4, 2019. Dkt. No. 49. On September 12, 2019, the debtors, Dennis O. Bardales and Estela Bardales ("Debtors"), filed an objection ("Objection") to Trustee's final report claiming that $5,608.54...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Introduction Banner Bank ("Plaintiff") filed a six-count adversary proceeding seeking relief against Wells Wyatt ("Defendant") under various subsections of 523 and 727 of the Bankruptcy Code on February 14, 2018. 1 On August 21, 2019, after a four-day trial in the adversary proceeding, this Court entered an order denying Defendant his chapter 7 discharge under 727(a)(3) (failure to keep or preserve adequate...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U. S. BANKRUPTCY JUDGE . Introduction Before the Court is a motion to consider an award of costs and attorneys' fees (the "Fee Motion") filed by JA, LLC d/b/a Leku Ona (the "Plaintiff"). Dkt. No. 182. On June 25, 2019, Plaintiff obtained a judgment of $2,490 in its action under 523(a)(2)(A) against Eduardo L. Sarria (the "Defendant"). Dkt. Nos. 178, 179. 1 Pursuant to that judgment, Plaintiff now seeks an award of attorneys' fees under...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction Before the Court is an adversary proceeding in which Banner Bank ("Plaintiff") seeks a determination that the debts owed to it by Wells Wyatt ("Defendant") are either (1) nondischargeable as to Banner Bank under 523(a)(2) 1 because of Defendant's fraudulent statements, or (2) nondischargeable as to Banner Bank because Defendant's bankruptcy discharge as to all debts should be denied under either 727(a)(3)...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Introduction In its adversary complaint, the chapter 7 1 trustee, R. Sam Hopkins ("Plaintiff"), seeks to avoid the post-petition lien of creditor Freedom Mortgage Corporation ("Freedom") and to recover the property for the benefit of the estate. Dkt. No. 1. On June 19, 2019, Plaintiff filed a motion for summary judgment, to which Defendants filed an opposition, after which the matter was fully briefed. Dkt. Nos. 48,...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND Randal French ("French") was the attorney for debtors Joseph and Heather Soelberg in this bankruptcy case. 1 On August 7, 2019, French filed a "Motion for Writ of Execution and for Continuing Garnishment," Doc. No. 317 ("Motion"). 2 The Motion requests that the Court enter an "order directing the Clerk of the Court to execute and issue the attached Writs of Execution and for Continuing Garnishment" directed at the...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . In this adversary proceeding, B.K.L.N., a minor child; the estate of Jeffrey Marfice (deceased); and Douglas S. and Jeanne M. Marfice (collectively "Plaintiffs") contend that when defendant Tyler M. Finlay ("Finlay") struck Jeffrey Marfice ("Marfice"), he acted willfully and maliciously and, therefore, Plaintiffs' claims are nondischargeable under 523(a)(6). 1 The matter comes before the Court on Plaintiffs' motion for summary...
MEMORANDUM OF DECISION JOSEPH M. MEIER , CHIEF U.S. BANKRUPTCY JUDGE . Procedural History and Facts Debtors Dale and Heather Haworth ("Debtors") filed their chapter 7 1 bankruptcy petition on January 23, 2019. Dkt. No. 1. In their schedules, they listed two vehicles: a 2007 Hummer H3 ("Hummer") and a 1937 Ford Tudor ("Ford"), and included the following note about the Ford: "Bad Transmission — fair condition." Id. Debtors claimed both vehicles exempt in the amount of $7,000 each under...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction and Procedural History On October 27, 2018, debtors Wayne Glenn Holland and Misty Jo Holland ("Debtors") filed a chapter 12 1 petition. Dkt. No. 1. On March 22, 2019, they filed an amended chapter 12 plan, Ex. 100 (the "Plan"). A supplement to the Plan was filed on April 3, 2019. Dkt. No. 94. Objections to the Plan as proposed were filed, Dkt. Nos. 97, 107, and 116, and stipulations were subsequently entered...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND AND FACTS 1 Julie Lyon ("Debtor") filed a voluntary chapter 7 petition on February 11, 2019, commencing this case. Doc. No. 1. Among the creditors listed in Debtors' schedules is JC Hospitalists, PLLC ("JCH"). Doc. No. 21 at 22. Debtor asserts JCH holds a contingent, unliquidated and disputed unsecured claim. Id. Debtor also notes that this claim was the subject of a lawsuit against Debtor and others pending at the...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Chief Bankruptcy Judge . Introduction Before the Court is an adversary proceeding in which JA, LLC d/b/a Leku Ona ("Plaintiff") objects to the discharge of a debt owed to it by Eduardo Sarria ("Defendant") under 523(a)(2)(A). 1 , 2 Dkt. No. 1. Plaintiff alleges Defendant incurred a debt to Plaintiff by false pretenses, false representations, or actual fraud when he billed Plaintiff for food and wine he did not deliver. On May 15 and 16, 2019,...
MEMORANDUM OF DECISION JOSEPH M. MEIER , Bankruptcy Judge . Introduction The case before the Court takes place at the intersection of a deed of trust, a deed in lieu of foreclosure, and a bankruptcy filing. In this case, the chapter 7 1 trustee, Noah G. Hillen ("Plaintiff"), filed an adversary complaint naming as defendant the Wilmington Savings Fund Society, FSB, d/b/a Christina Trust as Owner Trustee of the Residential Credit Opportunities Trust III ("Defendant"). Dkt. No. 1. The...
