ORDER ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS GREGORY F. KISHEL, Chief Judge. This adversary proceeding for determination of dischargeability of debt came before the court on the Plaintiffs' motion for summary judgment and the Defendant's responsive motion for judgment on the pleadings. The Plaintiffs ("PLM and the Cheeks") appeared by their attorney, Court J. Anderson. The Defendant ("Duy Sr.") appeared by his attorney, Thomas P. Melloy....
ORDER DENYING AND GRANTING SUMMARY JUDGMENT DENNIS D. O'BRIEN, Bankruptcy Judge. This matter was heard on September 20, 2012, on cross motions for summary judgment by defendant Legendary Marine, Inc., and plaintiff Charles W. Ries, Chapter 7 Trustee. Sarah C.S. McLaren appeared for the plaintiff and Richard J. Reding appeared for the defendant. The Court, having heard oral arguments and reviewed the briefs of the parties, now makes this ORDER pursuant to the Federal and Local Rules of...
MEMORANDUM OPINION AND ORDER ROBERT J. KRESSEL, Bankruptcy Judge. This adversary proceeding came on for trial on May 8, 2012 on the plaintiff's complaint seeking a determination that the defendant's debt to him is excepted from the defendant's discharge. Jill A. Brisbois and Daniel M. Eaton appeared for the plaintiff. Randall K. Strand appeared for the defendant. This court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 157(b)(1) and 1334, and Local Rule 1070-1....
ORDER REQUIRING ARBITRATION AND STAYING FURTHER PROCEEDINGS GREGORY F. KISHEL, Chief Judge. This adversary proceeding came before the Court on the motion of the Plaintiff ("the Trustee") for an order to compel the Defendant to participate in arbitration, and to stay further proceedings in this Court pending the completion of arbitration. The Trustee appeared by his attorneys, James A. Lodoen, James P. McCarthy, and Adam C. Ballinger. The Defendant ("Eide Bailly") appeared by its attorneys,...
ORDER FOR JUDGMENT DENNIS D. O'BRIEN, Bankruptcy Judge. This matter came before the court for trial following reversal by and remand from the Bankruptcy Appellate Panel for the United States Court of Appeals for the Eighth Circuit. Appearances are noted in the record. At the conclusion of the trial, the court allowed the parties time to file supplemental briefs. The court now being fully advised makes this order pursuant to the Federal and Local Rules of Bankruptcy Procedure. During the...
ORDER FOR JUDGMENT DENNIS D. O'BRIEN, Bankruptcy Judge. This is a preference action brought by the Trustee plaintiff against the defendant Border State Bank. The matter was tried on February 28, 2012. Appearances are noted in the record of the proceedings. Having considered evidence received at the trial, heard the arguments of counsel and reviewed their briefs, the Court now makes this ORDER pursuant to the Federal and Local Rules of Bankruptcy Procedure. I On July 13, 2010, the Bank...
ORDER RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT GREGORY F. KISHEL, Chief Judge. This adversary proceeding came before the Court on the Plaintiff's motion for partial summary judgment. The Plaintiff ("the Trustee") appeared by his attorneys, Terrence J. Fleming, Sandra S. Smalley-Fleming, George H. Singer, and Mark S. Enslin (all of Lindquist & Vennum P.L.L.P., Minneapolis). The Defendants (collectively, "the Ritchie Defendants") appeared by their attorneys, Thomas K. Cauley and...
MEMORANDUM DECISION ON CONTESTED INVOLUNTARY PETITIONS FOR RELIEF UNDER CHAPTER 7 GREGORY F. KISHEL, Chief Judge. These cases under Chapter 7 were commenced by involuntary petitions. The Debtors filed answers and contested the petitions. Ultimately, a trial was convened on the petitions; it lasted for two days. Appearances for the petitioning creditors were Peter C. Brehm, for Terri Hanson; Robert M. Smith for Glen Smogoleski; Kevin S. Sandstrom for Toni Klatt; Shawn Shiff for Peder Davisson,...
ORDER DENYING APPLICATION FOR EMPLOYMENT AND COMPENSATION DENNIS D. O'BRIEN, Bankruptcy Judge. This matter was heard on December 13, 2011, on Vogel Law Firm's application for approval of employment and allowance of compensation. The United States Trustee objects to the applications. Jon Brake appeared on behalf of Vogel, and Sarah Wencil appeared on behalf of the Trustee. The Court, having received and reviewed briefs filed by the parties, heard and considered arguments made at the hearing,...
