MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court, District of Montana. At Butte in said District this 22 nd day of November, 2019. On November 5, 2019, in this Chapter 12 1 case, a hearing on Farm Service Agency's ("FSA") motion requesting that the case be converted to Chapter 7 or dismissed ("Motion") 2 was held. FSA relies on 1208(d) in support of its request for conversion to Chapter 7. FSA seeks dismissal on alternative grounds, alleging Debtor filed...
MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court . At Butte in said District this 13th day of November, 2019. In this Chapter 13 1 case, on August 29, 2019, the Court held a hearing on Levi and Martha Jones' ("Debtors") Objection to amended Proof of Claim No. 8 filed by the Internal Revenue Service ("IRS") ("Objection") and the Response filed by the IRS. 2 Appearances were made on the record. The parties stipulated to the admission of the following...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . On October 10, 2019, approximately two years after the above captioned case was filed, Jeremiah Foster ("Trustee") filed a motion for default under Rule 7055 1 against C4B LLC ("C4B"). Doc. No. 13. On October 11, the Court entered an Order denying that motion and ordering Trustee to show cause why this adversary should not be dismissed for failure to serve C4B in accordance with Rule 7004(b)(3). 2 Doc. No. 14. In response,...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . On October 10, 2019, approximately two years after the above captioned case was filed, Jeremiah Foster ("Trustee") filed a motion for entry of default under Rule 7055 1 against Lex Group Funding, LLC ("Lex"). Doc. No. 13. On October 11, 2019, the Court entered an Order denying that motion and ordering Trustee to show cause why this adversary proceeding should not be dismissed for failure to serve Lex in accordance with Rule 7004(b)...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION On June 15, 2017, Ernest Woodrow Barstad and Christine Ragan Barstad ("Barstads" or "Debtors") filed a chapter 13 petition commencing the above captioned bankruptcy case, Case No. 17-60586. 1 On August 11, 2017, Glenn Davidson ("Davidson) and Tom Ide ("Ide) filed a complaint commencing adversary proceeding 17-00027-TLM and seeking declaratory relief in two regards: (1) that certain buy-sell agreements with Debtors...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court are two motions filed by plaintiff and counter-defendant Cap Call, LLC ("Cap Call"). First, is Cap Call's motion to "compel production of documents in compliance with non-party subpoena" against Capital Stack, LLC ("Capital Stack"). Adv. Doc. No. 73 ("Motion to Compel"). Second, is Cap Call's motion to strike Capital Stack's response to the Motion to Compel. Adv. Doc. No. 85 ("Motion to Strike"). BACKGROUND On...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION Brenda Jurgens ("Debtor") filed a chapter 13 petition on June 30, 2015, commencing Case No. 15-60592. 1 This case was converted to chapter 7 on November 5, 2015, on the motion of creditor Gary Martin ("Martin") and Victor Properties LLC. 2 On January 23, 2019, Martin filed a Motion to Modify Stay. Doc. No. 289 ("Stay Motion"). Debtor filed an objection to the Stay Motion. Doc. No. 291 ("Objection"). This matter was...
MEMORANDUM OF DECISION TERRY L. MYERS , U.S. BANKRUPTCY JUDGE . INTRODUCTION In this adversary proceeding, Western Capital Partners LLC ("WCP") as third-party plaintiff filed suit against third-party defendants Michael Sandoval ("Sandoval"); xPatterns, LLC, a Washington limited liability company ("xPatterns"); and Opspring LLC ("Opspring"), a Washington limited liability company. The basis of WCP's third-party cause of action is breach of contract and a claim for damages. The matter was...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court is a request for a series of evidentiary rulings on the admissibility of designated portions of the deposition testimony of two deponents. Additionally, the parties request a ruling on the admissibility of prior trial testimony of an unavailable witness. BACKGROUND On December 7, 2009, Atigeo LLC ("Atigeo") 1 and xPatterns LLC ("xPatterns") filed a complaint against a number of defendants, including Edra...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . BACKGROUND On October 21, 2015, Shoot the Moon, LLC ("Debtor") filed a petition commencing this chapter 11 case. Later that month, Jeremiah Foster ("Trustee") was conditionally appointed as chapter 11 trustee, and thereafter appointed without condition on November 5, 2015. Pursuant to a November 10, 2015 order, Doc. No. 67, a February 8, 2016 claim bar date was established. On January 19, 2016, Dennis Conner ("Conner") timely...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION Shoot the Moon, LLC ("Debtor") filed a chapter 11 1 bankruptcy petition on October 21, 2015. Doc. No. 1. On October 18, 2017, the chapter 11 trustee, Jeremiah J. Foster ("Trustee"), filed an adversary complaint against EBF Partners, LLC ("EBF") seeking relief on eight counts. Adv. Doc. No. 1. In Count I, Trustee requests a declaratory judgment that Montana and Washington laws govern the agreements between Shoot the...
MEMORANDUM of DECISION BENJAMIN P. HURSH , Bankruptcy Judge . INTRODUCTION This matter involves cross motions for summary judgment filed pursuant to Civil Rule 56 1 and Rule 7056 filed by Plaintiffs Steven and Shelley Baldwin ("Baldwins"), and Defendants Atlantis Water Solutions, LLC ("Atlantis") and Iofina Resources, Inc. ("Iofina"). Baldwins initiated an action against Atlantis and Iofina in Montana's Fifteenth Judicial District Court, Roosevelt County in early 2017. In that action,...
MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy . At Butte in said District this 26 th day of October, 2018. INTRODUCTION This matter involves cross motions for summary judgment filed pursuant to Civil Rule 56 1 and Rule 7056 filed by Educational Credit Management Corporation ("ECMC"), as the guarantor of student loans serviced by Aspire Resources, Inc., dba Aspire Servicing Center ("Aspire") and Debtor/Plaintiffs Scott Lee Olson and Kacey Jean Olson ("Debtors"...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in this District this 27 th day of July, 2018. In this Chapter 7 1 case Debtors request an award of damages and imposition of sanctions against Verizon Wireless, Inc. ("Verizon") for alleged violations of the automatic stay and discharge injunction ("Motion") (ECF No. 24). A hearing on the Motion was held on May 17, 2018. Debtors Amanda Erin St. Clair ("Amanda") and Jason Frank St. Clair ("Jason") each appeared and...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . Before the Court are opposing motions for summary judgment. On March 8, 2018, third-party plaintiff Western Capital Partners LLC ("WCP") filed a motion for partial summary judgment seeking a determination that third-party defendant Michael Sandoval ("Sandoval") is personally liable as the guarantor of a debt. Adv. Doc. No. 398 ("WCP's Motion"). On that same day, Sandoval filed a motion for summary judgment seeking a determination...
MEMORANDUM of DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court . At Butte in said District this 19 th day of June, 2018. In this Chapter 7 1 case, Bank of Baker ("Bank") is seeking to except from discharge $24,000, under 11 U.S.C. 523(a)(6), against Jeremy Robertus and Stephanie Robertus. The matter has been tried and is ready for decision. As discussed below, the Court finds that the debt is dischargeable. FACTS Debtor Jeremy Wayne Robertus ("Jeremy") was raised...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 24 th day of May, 2018. In this Chapter 11 1 bankruptcy, creditor Arthur Milliken ("Milliken") filed a Motion to Dismiss or Convert the case to Chapter 7, ("Motion") (ECF No. 127) and Objection to Entry of Final Decree ("Milliken's Objection") (ECF No. 128), pursuant to Mont. LBR 9013(g)(2)(y). Milliken contends that the Debtor is not entitled to a final decree because Debtor failed to enter...
MEMORANDUM of DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 23 rd day of May, 2018. Debtor Brad Rae Richardson filed a chapter 7 petition on January 8, 2018. 1 On February 12, 2018, Debtor filed the complaint commencing this adversary proceeding. Debtor amended his complaint on March 6, 2018, and April 2, 2018. See ECF Nos. 6 and 25. Debtor's complaint seeks an award of punitive and compensatory damages relating to an alleged violation of the automatic...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 30 th day of April, 2018. In this Chapter 11 1 bankruptcy, Future Acquisition Company, LLC ("FAC"), Future Acquisition IV, LLC, Future Acquisition North Dakota, LLC, and Carl Price (collectively the "Movants") filed a "Motion to Enforce Sale Order" ("Motion"). ECF No. 392. In their Motion, Movants request that the Court find Deep River Operating, LLC ("Deep River") in contempt for violating an...
MEMORANDUM OF DECISION TERRY L. MYERS , Bankruptcy Judge . INTRODUCTION The chapter 7 trustee, Ross Richardson ("Trustee"), and creditor CH SP Acquisition LLC ("CH SP") (together the "Movants") filed a "Joint Motion for Order Denying Pinnacle Restaurant at Big Sky, LLC and Montana Opticom, LLC's Motion for Adequate Protection," Doc. No. 983 ("Motion"). 1 The Motion came on for hearing on February 22, 2018. The Motion, and the objections of Pinnacle Restaurant at Big Sky, LLC ("Pinnacle")...
