RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT Thad J. Collins , United States Bankruptcy Judge . This matter came before the Court for hearing in Fargo, North Dakota. 1 Michael Raum, Steve Kinsella, and Bruce Schoenwald appeared for Susan Bala ("Bala"). Martin Foley and Leanna Anderson appeared for PW Enterprises, Inc. ("PWE"). Jonathan Fay and Patrick Sinner appeared with and for Kip Kaler as Chapter 7 Trustee. The parties filed post-trial briefs. This is a core proceeding under 28 U.S.C....
RULING ON CLAIMS Thad J. Collings , United States Bankruptcy Judge , Sitting by Designation. Three claims came before the Court for trial in Fargo, North Dakota. 1 Michael Raum, Steve Kinsella, and Bruce Schoenwald appeared for Creditor Susan Bala. Martin Foley and Leanna Anderson appeared for Creditor PW Enterprises, Inc ("PWE"). Joel Fremstad appeared for Creditor Robert Carlson. Jonathan Fay and Patrick Sinner appeared with and for Kip Kaler as Chapter 7 Trustee. The Court heard...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE . I. INTRODUCTION Bankruptcy Trustee Kip M. Kaler filed a Complaint alleging Debtors/Defendants Darrell H. and Susan M. Vasvick's transfer of real property located at 1509 17th Street South, Fargo ("the Property") 1 to their son, Defendant Justin Vasvick, resulted in unjust enrichment warranting the imposition of a constructive trust on the Property (Count I). Doc. 1. The Trustee also seeks a declaratory judgment: (1) ruling that Debtors, who...
MEMORANDUM AND ORDER SHON HASTINGS , JUDGE . I. INTRODUCTION Gene W. Doeling, Chapter 7 Trustee, filed a Complaint seeking a denial of Debtor/Defendant Michael J. Peluso's discharge under 11 U.S.C. 727(a)(2) and (4). The Trustee alleges that Debtor: (1) transferred funds to his mother prepetition and postpetition with the intent to hinder, delay or defraud creditors; and (2) knowingly and fraudulently made false oaths or accounts in connection with this case by failing to disclose...
ORDER GRANTING SUMMARY JUDGMENT Shon Hastings , Judge , United States Bankruptcy Court. Plaintiff Portal Investments, LLC, filed a Complaint seeking a determination that Defendant/Debtor Douglas L. Johnson's debts to it are excepted from discharge under sections 523(a)(2), (4) and (6) of the Bankruptcy Code. Doc. 1. Debtor denies the allegations. Doc. 7. Portal Investments filed a Motion for Summary Judgment on October 31, 2017. Doc. 26. In support of its motion, Portal Investments...
