MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 13 1 Debtors Jarred Sprague and Elizabeth Sprague ("Debtors") filed a motion to enlarge the time to file a proof of claim on behalf of a creditor pursuant to Rules 3004 and 9006. Dkt. No. 45. The chapter 13 trustee, Kathleen McCallister ("Trustee"), objected to Debtors' motion. Dkt. No. 47. The Court held a hearing on Debtors' motion on November 4, 2013, at which it ordered the parties to files briefs. They did so....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiff, chapter 7 1 trustee R. Sam Hopkins ("Trustee"), commenced this adversary proceeding against Defendant Joshua Frazier ("Frazier") pursuant to 549 and 550 to avoid the postpetition transfer of title to a 2007 Puma Travel Trailer (the "Trailer") from Debtors Oney and Kirstyn Tews ("Debtors") to Frazier. Dkt. No. 1. Frazier filed an answer 2 to the complaint, and the Court scheduled a trial. Dkt. Nos. 9;11. On...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiff Tyson Fresh Meats, Inc. ("Tyson") sued chapter 11 debtor, Defendant Hollifield Ranches, Inc. ("Hollifield"), to recover the damages its suffered as a result of Hollifield's breach of a cattle feeding contract. Hollifield, defended, and in turn, asserted a counterclaim alleging that it was Tyson that breached the parties' agreement. In particular, Hollifield claims that Tyson failed in performing its contractual...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. Defendant Barry Todd Bailey filed his chapter 7 bankruptcy petition on August 21, 2012. 1 On October 23, 2012, plaintiffs Brian Burks and Emerald Asset Management, Inc. ("EAM") filed this adversary proceeding, seeking to hold debts owed by Bailey to Plaintiffs nondischargeable under 523(a)(2)(A) and (a)(6). 2 The claims underlying this nondischargeability action were partially litigated in state court before bankruptcy. The Court granted...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Plaintiff chapter 7 1 trustee Gary L. Rainsdon ("Trustee") commenced this adversary proceeding against Defendant Davisco Foods International, Inc. ("Davisco") to avoid a transfer made by Debtor Antonio Helio Azevedo ("Azevedo") to Davisco while he was operating his dairy business under chapter 12. Trustee and Davisco have filed cross-motions for summary judgment. Dkt. Nos. 11 and 16. On July 15, 2013, the Court...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 13 1 trustee, Kathleen A. McCallister ("Trustee"), filed a motion to dismiss this case based upon the alleged failure by debtors Richard M. Champ and Helen B. Champ ("Debtors") to comply with a Court order. Dkt. No. 56. Debtors opposed the motion. Dkt. No. 70. After a hearing on the motion, and due consideration of the facts, law and arguments of the parties, this Memorandum disposes of the motion. Fed. R. Bankr....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 11 1 debtor, Somerset, Inc. ("Debtor"), filed a Motion for Sanctions for Violation of Stay by State Insurance Fund. Dkt. No. 95. The Court conducted a hearing concerning the motion on May 30, 2013, and took the motion under advisement. Dkt. No. 104. The Court has considered the submissions of the parties, the evidence presented, and the arguments of counsel, as well as the applicable law. This Memorandum contains...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction In this unusual encounter, a chapter 7 1 trustee objected to a proof of claim filed in this case by another chapter 7 trustee. The Court conducted an evidentiary hearing on the claim objection and related matters on May 7, 2013. Dkt. No. 253. The parties filed post-hearing briefs. Dkt. Nos. 257-260. This Memorandum constitutes the Court's findings of facts and conclusions of law, and resolves the objection. Fed. R. Bankr....
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction After entry of a summary judgment in their favor in this consolidated adversary proceeding, 1 Plaintiffs Old Cutters, Inc. ("Old Cutters") and Mountain West Bank ("MWB") each filed a motion seeking an award of attorneys fees and costs from Defendant City of Hailey ("Hailey"). Dkt. Nos. 82 and 93. Hailey objected to both motions. Dkt. No. 106; No. 108. The Court conducted a hearing on the motions on March 19, 2013, at...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Chapter 7 1 trustee Jeremy Gugino ("Trustee") filed a motion for turnover of the funds on deposit in Michael Eric Wolfe and Melissa Marie Wolfes' ("Debtors") checking account on the day they filed their bankruptcy petition. Dkt. No. 20. Debtors opposed the motion. Dkt. No. 26. A hearing on Trustee's motion was conducted on February 20, 2013, following which the Court took the issues under advisement. The Court has...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction At the pre-trial conference conducted on January 14, 2013, the Court, acting sua sponte, asked the parties to consider and take a position concerning the Court's constitutional authority to enter a final judgment and orders in this adversary proceeding in the light of the Ninth Circuit's decision in Exec. Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir. 2012). The Court...
MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. On March 7, 2012, Rulon Lee Tolman ("Debtor") filed a chapter 13 1 voluntary petition. 2 On April 12, 2012, Mary Leona Huskey ("Plaintiff") filed a complaint initiating this adversary proceeding. Plaintiff seeks a determination that Debtor owes her a debt that is nondischargeable under 523(a)(2)(A), (a)(4) and (a)(19). 3 She also asserted claims under the Idaho Consumer Protection Act but, during the course of the litigation,...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction The chapter 7 1 trustee, R. Sam Hopkins' ("Trustee"), objected to the proof of claim filed by Hirning Buick GMC ("Creditor") in the bankruptcy case of Daniel and Shawnda Burch ("Debtors"). Dkt. No. 48. The Court conducted a hearing on the objection on February 4, 2013, at which both Trustee and Creditor, represented by its officer, Mr. Hirning, appeared and argued. The Court took Trustee's objection under advisement, and...
MEMORANDUM OF DECISION JIM D. PAPPAS, Bankruptcy Judge. Introduction Jeremy Gugino, chapter 7 1 trustee ("Trustee"), objects to debtor Tyler Justin Ashton's ("Debtor") claim that his 2003 Jayco fifth wheel trailer ("the Trailer") is exempt as his homestead under Idaho Code 55-1001, 1002 and 1003. Dkt. No. 15. The Court conducted an evidentiary hearing concerning Trustee's objection on December 5, 2012 and took the issues under advisement. After due consideration of the submissions of...
