MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. Pending in this Chapter 13 case is the Debtors' Objection (Docket No. 81) to the secured claim asserted on Proof of Claim No. 15 filed by Gail H. Goheen, P.C. ("Goheen") based on a statutory attorney's lien claimed under MONT. CODE ANN. ("MCA") 37-61-420, and on confirmation 1 of Debtors' Second Amended Chapter 13 Plan ("Plan") (Dkt. 65). The Chapter 13 Trustee objects to confirmation on the grounds the Plan does not provide for...
MEMORANDUM of DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this Chapter 11 bankruptcy, after due notice, a hearing was held October 4 and 12, 2011, in Butte on: (1) confirmation of Debtor's Second Amended Chapter 11 Plan filed July 14, 2011, at docket entry no. 338; (2) Debtor's Motion for Order Pursuant to Bankruptcy Rule 9019 filed July 13, 2011, at docket entry no. 336; and (3) Charles W. Hinesley, Jr.'s Second Motion to Appoint Case Trustee filed August 2, 2011, at docket entry no....
MEMORANDUM of DECISION RALPH B. KIRSCHER, Bankruptcy Judge. The Court is tasked with writing yet another chapter in the Yellowstone Club bankruptcy saga, which has been ongoing for almost three years. If this were a book, the reader would most likely read the chapters of the saga in sequence and in a relatively compressed period of time. But this is not a novel and one cannot thumb through a prior chapter to glean a forgotten fact. Thus, the Court directs the reader to prior chapters (...
MEMORANDUM of DECISION and ORDER RALPH B. KIRSCHER, Bankruptcy Judge. In this Adversary Proceeding, after due notice, the Court conducted a trial on June 20, 2011, in Missoula on the Plaintiffs Beau and Morgan Blixseth's (collectively "the Blixseths") complaint to deny Debtor/Defendant Edra D. Blixseth's ("Edra") discharge under 11 U.S.C. 523(a)(4). 1 The Blixseths were represented at trial by Kevin O'Connell and Mark R. Sandri of Portland, Oregon and Jon Binney of Missoula, Montana; Edra...
MEMORANDUM of DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this Chapter 7 bankruptcy, after due notice a hearing was held February 10, 2011, in Missoula on the Trustee's Motion for Turnover filed December 16, 2010, wherein the Trustee seeks turnover of the bankruptcy estate's share of Debtor's 2009 income tax refunds. The Chapter 7 Trustee, Darcy M. Crum of Great Falls, Montana, appeared at the hearing with her counsel, John P. Paul of Great Falls, Montana. Debtor James V. Palmer also...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. The following matters are pending in this Chapter 11 case are: final approval of the Debtor's Amended Disclosure Statement; and confirmation of Debtor's Chapter 11 Plan of Reorganization, as modified. Objections to confirmation were filed by the largest unsecured creditor Apache Gold Casino Resort (hereinafter "Apache Gold"). The Court conducted hearings on these matters after due notice at Great Falls on May 20, 2011, and on June 10,...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this Chapter 7 case the Office of U.S. Trustee ("UST") filed a Motion to Dismiss ("Motion") (Docket No. 16) this case under 11 U.S.C. 707(b)(1) based on the presumption of abuse under 707(b)(2)(A)(i). The Debtors filed an objection admitting that the presumption of abuse exists but contending that, because their child support income would be deducted in a Chapter 13 case, requiring conversion to Chapter 13 would be an absurd...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this adversary proceeding Plaintiff United States of America, Farm Service Agency ("FSA") objects to the Debtors/Defendants' discharge pursuant to 11 U.S.C. 727(a)(5) 1 for failure to explain satisfactorily loss or deficiency of assets, and seeks exception from discharge of a total of $75,300.00 from Debtors' discharge under 11 U.S.C. 523(a)(6) for willful and malicious injury to FSA's security. Defendants answered denying...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In this adversary proceeding objecting to the Debtor/Defendant John Patrick Stokes' ("Stokes") discharge under several subsections of 11 U.S.C. 727, the Plaintiff United States Trustee ("UST") filed on March 4, 2011, a Motion (Docket No. 22) seeking summary judgment against Stokes under Counts One-through-Six of the UST's complaint, together with a Statement of Uncontroverted Facts ("SOUF"), supporting memorandum, and exhibits....
MEMORANDUM of DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In the above-referenced Chapter 11 bankruptcy cases, after due notice, the Court held a hearing on April 4, 2011, in Butte on: (1) the Debtor's Motion for Substantive Consolidation filed November 16, 2010, found at docket entry no. 26 in Case No. 10-62229 and docket entry no. 30 in Case No. 10-62230; (2) First Financial Bank, N.A.'s Motion for Adequate Protection filed December 23, 2010, at docket entry no. 34 in Case No. 10-62229...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. In these consolidated Chapter 12 cases the Trustee James D. Volk filed on January 14, 2011, a Motion (Docket No. 147) to modify the Debtors' confirmed Plan pursuant to 11 U.S.C. 1229, seeking to require payment to unsecured creditors in all three cases 1 . Debtors filed an objection on the grounds that the confirmed Plan is res judicata and binds the Trustee and other parties under 1227(a), because the Plan's omission of...
