MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 4th day of December, 2014. Pending in this Chapter 7 case is the Debtor Tiffani Ann Hill's ("Hill" or "Debtor") motion for sanctions (Document No. 15) against LPH, INC DBA Northwest Collectors (hereinafter "NWC") for willful violation of the automatic stay under 11 U.S.C. 362(k)(1), for sending a collection report which included a scheduled debt of the Debtor to a credit reporting agency ("CRA")...
MEMORANDUM of DECISION RALPH B. KIRSCHER , Bankruptcy Judge . In this Chapter 11 bankruptcy, after due notice, a hearing was held September 9, 2014, in Billings on the Debtor's July 10, 2014, Objection to Proof of Claim No. 5 filed by the Montana Department of Labor and Industry Unemployment Insurance Contributions Bureau. Harold V. Dye of Missoula, Montana appeared at the hearing on behalf of the Debtors and the Montana Department of Labor & Industry was represented at the hearing by...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. Pending in this Chapter 11 case is the Debtor's Application (Document No. 219) to approve employment of Lawrence Hayes & Associates ("Hayes") as broker to market and sell Debtor's real property located in Dawson County, Montana, at a commission rate of 8 percent (8%) or less of the sales price. The Office of U.S. Trustee filed an objection on the grounds that the Debtor, two years post-confirmation, no longer is a debtor-in-...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . In this adversary proceeding the Plaintiff Tim Meikle (hereinafter "Meikle") seeks exception from the Debtor/Defendant James Richard Olsen's ("Olsen") discharge of Meikle's claims for damages or lost profits under 11 U.S.C. 523(a)(2)(A) for fraud, and under 523(a)(6) for willful and malicious injury. After trial of this cause and review of the parties' post-trial briefs and the record, this matter is ready for decision. For...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. After due notice, hearing was held at Great Falls on January 10, 2014, on the United States of America, Internal Revenue Service's ("IRS") motion to lift automatic stay nunc pro tunc, filed on August 22, 2013 (Document No. 34), which requests relief from the stay nunc pro tunc to allow the IRS to retain $25,050.26 obtained post-petition from Debtor's insurance commissions, based upon a pre-petition levy, to be applied to Debtor's...
MEMORANDUM OF DECISION RALPH B. KIRSCHER, Bankruptcy Judge. Pending in this adversary proceeding is the Defendant Western Capital Partners LLC ("WCP") motion to stay enforcement of judgment (Document No. 138) and opposition thereto filed by the Plaintiff/Trustee (Doc. 149). A hearing on WCP's motion was held after notice at Missoula on April 3, 2014. WCP was represented by attorney Richard ("Hatch") of Hatch Ray Olsen Sandberg, LLC, Denver, Colorado. The Plaintiff Richard J. Samson ("Samson")...
