MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 22 nd day of December, 2016. In this adversary proceeding seeking exception from discharge under 11 U.S.C. 523(a)(2)(A), after due notice a hearing was held at Great Falls on November 4, 2016, on the Motion to Dismiss filed by Debtor/Defendant John W. Bloemendaal on August 29, 2016, pursuant to Fed. R. Civ. P. 12(b)(6) (applicable in adversary proceedings under F.R.B.P. 7012(b)) for failure to...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 15 th day of December, 2016. Pending in this Chapter 7 case is the Trustee's "Interim Application for Professional Fees and Costs (Goetz, Baldwin & Geddes P.C. — Contingency)" ("Application") (Document No. 668/669) in which the Trustee requests interim awards of fees for special attorneys employed by the estate: Robert K. Baldwin and the law firm Goetz, Baldwin & Geddes, P.C. (hereinafter the "...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . In this jointly administered Chapter 11 case 1 the Debtor Burgi Engineers LLC (hereinafter "BELLC" or "Debtor") filed an amended Objection (Document No. 75) on October 26, 2016, to Proof of Claim No. 25 filed by Reuland Electric Co. ("REC") on the grounds that the claim is limited by a $400,000 discounted amount set forth in a "Settlement Agreement" between the parties, that REC waived any default by accepting a late payment...
MEMORANDUM RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 9 th day of November, 2016. In this adversary proceeding, Plaintiff seeks: exception of its $90,000 claim against Defendants from Debtors' discharge under 11 U.S.C. 523(a)(2)(A), 523(a)(2)(B); seeks judgment against Defendants under Montana common law fraud and constructive fraud; objects to the Debtors' discharge under 11 U.S.C. 727(a)(2)(A), 727(a)(2)(B), 727(a)(3), and 727(a)(4)(A); seeks judgment...
MEMORANDUM of DECISION RALPH B. KIRSCHER , Bankruptcy Judge . Plaintiff commenced this Adversary Proceeding on April 26, 2016, by filing a complaint seeking the turnover of funds in the sum of $130,883.46 representing the Debtor/Defendant Randall A. Franz's one-third interest in funds derived from his deceased mother's probate estate following the conversion of his case to Chapter 7, which funds are property of this bankruptcy estate. Franz answered the Plaintiff's complaint on May 23,...
MEMORANDUM of DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 14th day of October, 2016. In this Chapter 11 bankruptcy, the Court held a hearing in Missoula after notice on October 6, 2016 on: (1) Debtor's Objection to Proof of Claim No. 4 filed by First Interstate Bank; (2) the Motion to Convert of Dismiss filed by First Interstate Bank, successor by merger to Mountain West Bank, N.A.; (3) the United States Trustee's Motion to Dismiss...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Chief Bankruptcy Judge . In this Chapter 7 case, after due notice a hearing was held at Missoula on October 6, 2016, 20, 2006, on the Motion for relief from the automatic stay filed on July 19, 2016, by creditor Carey Law Firm, P.C. ("Carey"). The Debtor filed an objection, and was represented at the hearing by attorney Edward A. Murphy ("Murphy") of Missoula, who argued that Carey's Motion is moot because Carey has filed a Proof of Claim in this...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 7 th day of October, 2016. In this Chapter 7 case, after due notice a hearing was held at Missoula on October 6, 2016, 20, 2006, on the Motion for relief from the automatic stay filed on July 19, 2016, by creditor Carey Law Firm, P.C. ("Carey"). The Debtor filed an objection, and was represented at the hearing by attorney Edward A. Murphy ("Murphy") of Missoula, who argued that Carey's Motion is...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . In this Chapter 13 case the Trustee and Debtor agreed on September 12, 2016, to submit the Trustee's Objection (Docket No. 16) to Debtor's claim of exemption in a "Wells Fargo Health Savings Account # 6138" on stipulated facts and briefs. Based on the parties' agreement this Court vacated a hearing scheduled to be held in this contested matter on September 15, 2016, and granted the parties time to file a stipulation of agreed...
MEMORANDUM RALPH B. KIRSCHER , Bankruptcy Judge . Pending in this adversary proceeding is the Plaintiff Gary Martin's "Motion to Return Cash Security to Gary Martin, or in the Alternative, to Replace Cash Security with a Bond" ("Martin's Motion") filed on May 11, 2016 (Document No. 50). Defendant/Debtor Brenda K. Jurgens ("Defendant" or "Debtor") filed an objection. A hearing on Martin's Motion was held at Missoula on July 7, 2016. Plaintiff Gary Martin ("Martin") was represented at the...
MEMORANDUM of DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 15th day of September, 2016. In this Chapter 11 bankruptcy case, after due notice, the Court held a hearing in Billings on July 19, 2016, on Debtors' Objection to Proof of Claim No. 4 filed by the Internal Revenue Service ("IRS"). Debtors were represented at the hearing by Harold V. Dye of Missoula, Montana, and the IRS was represented at the hearing by Ryan S. Watson of...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 15th day of August, 2016. In this adversary proceeding the Plaintiff/Trustee Christy L. Brandon ("Brandon") seeks judgment, pursuant to 11 U.S.C. 542(a), 1 against the Defendants Michael J. Sherwood ("Sherwood") and his law firm Michael J. Sherwood, P.C. (together "Defendants"), and turnover of $53,532 in funds which Defendants disbursed to the Debtor from Defendants'...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 21st day of July, 2016. In this Chapter 7 case creditor Elska, Inc. ("Elska") filed a Motion to Dismiss for abuse under 11 U.S.C. 707(b) on April 15, 2016, on the grounds that erroneous statements regarding Debtor's non-filing spouse's income and expenses on Debtor's Forms 122A-1 and 122A-2 (Chapter 7 Means Test Calculation) resulted in an erroneous determination by Debtor...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 7 th day of June, 2016. In this Chapter 11 bankruptcy case, after notice this Court held a hearing at Great Falls on June 3, 2016, on the Chapter 11 Trustee's Motion to Reconsider (Doc. 415) this Court's Memorandum of Decision and Order (Doc. 398), which granted Prime A Investments, LLC's ("Prime A") motion to compel and ordered the Trustee to pay Prime A immediately the sum of $83,600.00 for...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Chief Bankruptcy Judge . At Butte in said District this 28 th day of April, 2016. In this adversary proceeding Defendants Michael J. Sherwood ("Sherwood") and Michael J. Sherwood, P.C., filed a motion for summary judgment (Document No. 79) seeking judgment in their favor on all of Plaintiff's remaining claims, including requesting a finding that Plaintiff acted in bad faith and that Plaintiff and her counsel falsely certified certain allegations...
MEMORANDUM OF DECISION HONORABLE RALPH B. KIRSCHER , Chief Bankruptcy Judge . At Butte in said District this 28 th day of April, 2016. In this adversary proceeding Defendants Michael J. Sherwood ("Sherwood") and Michael J. Sherwood, P.C., filed a motion for summary judgment (Document No. 79) seeking judgment in their favor on all of Plaintiff's remaining claims, including requesting a finding that Plaintiff acted in bad faith and that Plaintiff and her counsel falsely certified certain...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 25th day of April, 2016. After due notice, the Court held a second evidentiary hearing at Missoula on March 10, 2016, on Debtor's Objection (Document No. 70) to amended Proof of Claim No. 2 filed by Greg Moran ("Greg") and Rachelle Moran ("Rachelle") (together "Morans"). Morans each appeared at the hearing pro se; Greg testified. Debtor Martin Raymond Johnson ("Johnson" or "...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Bankruptcy Judge . At Butte in said District this 12 th day of April, 2016. In this Chapter 11 case, lessor/creditor Prime A Investments, LLC (hereinafter "Prime") filed a "Motion to Compel Assumption or Rejection of Leases, for Allowance of Administrative Claim, and to Compel Payment of Administrative Rent" (Document No. 154) ("Motion to Compel") on December 16, 2015. Prime's Motion to Compel seeks, in addition to compelling the Trustee to...
MEMORANDUM OF DECISION Honorable Ralph B. Kirscher , Chief U.S. Bankruptcy Judge . At Butte in said District this 6th day of April, 2016. In this Chapter 7 case, after notice, the Court held a hearing at Missoula on March 10, 2016, on the Trustee's Objection (Document No. 447) to Debtor's claims of exemption in a homestead, checking accounts, corporate stock, and ownership in a limited liability company Sann, LLC. The Debtor Steven Vincent Sann ("Debtor" or "Sann") filed a response in...
MEMORANDUM OF DECISION RALPH B. KIRSCHER , Judge . At Butte in said District this 1 st day of April, 2016. In this Chapter 12 case the Debtor Gerald R. Miller ("Debtor" or "Miller") has filed a motion (Document No. 25) to assume executory contracts and leases with Farm Service Agency, Carl Elliott, estate of Theresa Hansmann, and Mike's Muffler, on the grounds he derives income from them and they are necessary for his reorganization. Creditor CHS, Inc. ("CHS") filed objections on the...
