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")...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 10 th day of April, 2018. In this Chapter 13 1 case, Jeffrey Steven Malek ("Debtor") filed a Motion to Dismiss (the "Motion") (ECF No. 98). The Motion seeks relief pursuant to 1307(b). According to the Motion, "Debtor believes he will be able to pay his creditors outside of the bankruptcy." The Motion was opposed by U.S. Bank National Association as Trustee for CSFB Mortgage Backed Pass...
MEMORANDUM of DECISION JIM D. PAPPAS , Bankruptcy Judge . In this chapter 11 1 case, on February 1, 2018, the attorneys for the Official Committee of Unsecured Creditors ("the Committee"), Pachulski Stang Ziehl & Jones LLP ("Counsel"), filed a First Interim Application for Professional Fees and Costs ("Application"). 2 Dkt. No. 285. In the Application, Counsel seeks approval of an interim award of compensation of $353,614.50, and reimbursement of expenses of $29,755.65, for representing...
MEMORANDUM of DECISION Honorable Jim D. Pappas , United States Bankruptcy Judge . Introduction In this chapter 11 1 case, on November 2, 2017, the Official Committee of Unsecured Creditors ("the Committee") filed a motion seeking "exclusive and irrevocable" authority to commence, prosecute, and settle adversary proceedings under Bankruptcy Code 544, 547, 548, 549 and 550 ("Avoidance Actions") against the parishes ("Parishes") and other affiliates of the Debtor-in-Possession, the...
MEMORANDUM OF DECISION Hon. Benjamin P. Hursh , United States Bankruptcy Court INTRODUCTION At Butte in said District this 28th day of February, 2018. Before the Court is the question of confirmation of the Third Amended Plan Chapter 13 plan (the "Plan"), ECF No. 65, of debtor Joshua Richard Ewing ("Debtor"). 1 An objection to confirmation was filed by Debtor's grandfather and secured creditor Adam Frederick Dahlman ("Dahlman"), ECF No. 70, (the "Objection"). An evidentiary hearing on...
MEMORANDUM OF DECISION BENJAMIN P. HURSH , Bankruptcy Judge . At Butte in said District this 31 st day of January, 2018. In this Chapter 11 1 case, following confirmation of The Homestead at Whitefish LLC's (the "Debtor") Second Amended Plan of Reorganization dated October 10, 2014 (ECF No. 129) (the "Plan") 2 , Don and Emily Maschmedt (the "Maschmedts") filed a lawsuit in Montana's Eleventh Judicial District Court, Flathead County (the "State Action"). Later the initial complaint was...
MEMORANDUM OF DECISION JIM D. PAPPAS , Bankruptcy Judge . Introduction On December 13, 2017, Plaintiff, chapter 7 1 trustee Joseph V. Womack ("Trustee"), filed a Motion to Dismiss Amended Counterclaims. Dkt. No. 38. Counterclaimants, the chapter 7 debtor John H. Schneider ("Debtor"), and his spouse, Michelle R. Schneider (collectively referred to as "Defendants"), opposed the motion. Dkt. No. 40. On January 4, 2018, the Court conducted a video hearing concerning the motion, at which the...
