MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction When chapter 7 1 debtor Jacqueline Antonie ("Debtor") filed her bankruptcy petition, both she and her mother, Frances Bruckner ("Bruckner"), were listed as alternate owners on the certificate of title for a manufactured home (the "Home") in which Bruckner lives. During Debtor's bankruptcy case, Bruckner signed that title certificate over to Keith R. Jones ("Jones"), an unrelated acquaintance, for no consideration. Jones...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. INTRODUCTION Brian and Sharon Depue, and Brian Depue as the personal representative of the estate of his brother, Kenneth Depue, ("Plaintiffs") brought these adversary proceedings against chapter 7 1 debtor Robert Ryan Cox ("Cox") and against chapter 7 debtors Gregory K. Richardson ("Richardson") and Heather Richardson ("Heather"). 2 Cox filed a voluntary chapter 7 petition on September 11, 2009, commencing his case. Richardson and his...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiffs, chapter 7 1 debtors Shelton and Beverly Beach ("Debtors") filed an action asserting violations of the Idaho Consumer Protection Act ("ICPA") and the Truth in Lending Act ("TILA") to halt a non-judicial foreclosure initiated by Defendant Wells Fargo Bank, N.A. ("the Bank"). The Court dismissed Debtors' ICPA claims against the Bank in February 2011, Dkt. No. 40, and granted the Bank summary judgment on the TILA...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiff Gary Rainsdon ("Trustee"), the trustee in the chapter 7 1 bankruptcy case of debtor Ronald Kirtland ("Debtor"), commenced this adversary proceeding to avoid the transfers of certain property from Debtor to his ex-wife, Defendant Sherri Kirtland, under both 548(a) and Idaho's fraudulent transfer statutes. Debtor and Sherri 2 both filed answers in which they denied the transfers are avoidable. 3 A trial in this...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 11 1 debtors-in-possession Kevin and D'Rese Werry ("Debtors") 2 filed for bankruptcy relief on June 6, 2011. Dkt. No. 1. Two days later, they submitted an application to employ Randal J. French ("Counsel") as their attorney ("Application"). Dkt. No. 14. Per the Application, and their Chapter 11 Fee Agreement with Counsel ("Fee Agreement"), Debtors sought approval from the Court to pay Counsel $7,500 in fees for...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction After a trial in this adversary proceeding, the Court is once again asked to revoke a chapter 7 1 debtor's discharge for willfully failing to turn over tax refunds to the trustee. The Court has considered the submissions of the parties, the testimony presented, the arguments of counsel, as well as the applicable law. This Memorandum resolves the issues raised in the adversary proceeding and constitutes the Court's...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction To ward off a non-judicial foreclosure action by a lender against their home, chapter 7 1 debtors Shelton and Beverly Beach ("Debtors"), commenced this action 2 against Wells Fargo Bank, N.A. ("the Bank"), 3 alleging violations of the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"). Both the Bank and Debtors have now moved for summary judgment concerning whether TILA violations indeed occurred. A hearing on...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. BACKGROUND AND FACTS Debtors Jeremy and Amber Clark filed a voluntary chapter 7 1 petition on April 19, 2010, commencing this bankruptcy case. Doc. No. 1. 2 The case was noticed to creditors as a "no asset" chapter 7 case, and creditors were instructed not to file proofs of claim. Doc. No. 13. An August 3, 2010, bar date for objecting to discharge under 727(a) and Rule 4004(a), or to the dischargeability of specific debts under 523(c)(...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction This litigation arises out of a tragedy. During fourteen-month-old "B.B.'s" second day at Happy Feet Day Care, he was found asphyxiated during nap time. B.B.'s parents, Shyloh Masuo and Joshua Becker ("Creditors"), later filed a state court action against Gloria Galan ("Debtor"), the owner and operator of Happy Feet, and were awarded $1,267,815.83 in damages in a default judgment. When Debtor subsequently filed for chapter...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Resolution of the issues in this action requires the Court to decide whether an interest in an Idaho residence, which passed unadministered through a husband's chapter 7 1 bankruptcy case, may be administered as property of the bankruptcy estate in his wife's subsequent chapter 7 case. If the house is indeed property of the second bankruptcy estate, and if the trustee is the same for both bankruptcy cases, the Court must...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction Before the Court is the confirmation of Debtors Michael and Ma Jennifer Warrens' "2nd Amended Chapter 13 Plan and Related Motions," filed on January 5, 2011. Docket No. 82. On February 7, 2011, chapter 13 Trustee Kathleen A. McCallister ("Trustee") filed her "Findings and Recommendations" in which she detailed the reasons that Debtors' plan should not be confirmed. Docket No. 86. The Court conducted an evidentiary hearing...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. INTRODUCTION Before the Court is the question of confirmation of the amended plan of reorganization of chapter 11 debtors in possession Victor and Teresa Thompson ("Debtors") dated January 13, 2011, Doc. No. 272 ("Plan"). 1 Objections to confirmation were filed by Federal National Mortgage Association ("FNMA") through its servicing agent, IBM Lender Business Process Services, Inc. ("IBM"). Doc. Nos. 292, 293, 311, 312 ("Objections"). 2 A...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction Plaintiff J.D. Heiskell Holdings, LLC ("Heiskell"), and Defendant Banner Bank ("Banner") are both creditors of chapter 11 1 debtors Dale and Becky Gerratt ("Debtors"). Both Heiskell and Banner hold a perfected security interest in the proceeds of milk produced on Debtors' farm. In litigation over which creditors' security interest has priority, the Court granted Banner partial summary judgment, concluding that it has a...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge Introduction Mountain West Bank ("Creditor") recorded a judgment against chapter 7 1 debtors Daniel and Rose Bailey ("Debtors") in the Canyon County recorder's office on July 21, 2010. Dkt. No. 37. In September 2010, when Debtors purchased real property in Canyon County ("the Essex Way Property"), Creditor's recorded judgment became a lien as to that property. After filing for bankruptcy relief, Debtors moved to avoid Creditor's...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this difficult case, the chapter 7 1 trustee, Gary L. Rainsdon ("Trustee"), objects to the claim of exemption made by Debtor Christine Varney in certain Social Security Disability award funds that she received shortly after filing her bankruptcy petition. Because Debtor failed to disclose the receipt of such funds, and spent the bulk of the money prior to claiming it as exempt, Trustee argues that her claim was made in...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. Before the Court for confirmation is the amended chapter 13 1 plan of Debtors Val and Terese Coverstone ("Debtors"), Doc. No. 76 ("Plan"). The chapter 13 trustee ("Trustee") objects to confirmation of the Plan under 1325(b). 2 This Memorandum of Decision constitutes the Court's findings of fact and conclusions of law. Fed. R. Bankr.P. 7052, 9014. FACTS Debtors filed a joint chapter 7 petition on July 15, 2009. They later converted...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction David and Candice Henderson ("Debtors") are above-median-income chapter 13 1 debtors who, because their Form 22C 2 shows they have negative "projected disposable income," propose a three-year debt repayment plan. Dkt. Nos. 9, 30, 40. While Debtors' plan calls for monthly payments of $1,140, all of that amount is required to service secured debt and administrative expenses; the plan will pay nothing to Debtors'...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. Before the Court are two adversary proceedings filed by Jim and Debra Murray and Boise Island Park, LLC against joint chapter 7 debtors Randy Woodman and Rachel Lawrence ("Debtors") seeking to except from Debtors' discharge certain alleged debts under 523(a)(2), (a)(4), and (a)(6). 1 The adversary proceedings were tried in a consolidated fashion and then taken under advisement. This Memorandum of Decision disposes of the matters and...
MEMORANDUM OF DECISION Re: STATUS CONFERENCE JIM D. PAPPAS, Bankruptcy Judge Introduction On May 12, 2010, counsel for Debtor Jacqueline Antonie, Brian Coffey, filed an Amended Schedule C asserting her claim of exemption in a mobile home. Docket No. 61. The amended schedule was accompanied by what was purported to be Debtor's sworn declaration indicating she had signed the amended schedule ("Declaration"). Docket No. 62. In response to Debtor's filings, Chapter 7 trustee Jeremy Gugino ("...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this case, the Court must consider whether recent changes to Idaho law impact how all-terrain vehicles ("ATVs") are treated under Idaho's motor vehicle exemption statute, Idaho Code 11-605(3). Chapter 7 Debtors Kit and Callie Bosworth claimed a 2006 Honda ATV ("Honda ATV") as exempt on an amended schedule C. Docket No. 17. This prompted the trustee, R. Sam Hopkins ("Trustee"), to object to the exemption claim. Docket...
