MEMORANDUM DECISION WILLIAM T. THURMAN, Bankruptcy Judge. This matter came before the Court on Motion of Wasatch Towers Condominium Owners Association, Inc. ("Wasatch") to Dismiss Amended Counterclaims of Defendant, the above-captioned Debtor, Steven Alan Keyser (the "Debtor") pursuant to Bankruptcy Rule 7012 and Federal Rule of Civil Procedure 12(b)(6), filed on October 4, 2011 (the "Motion"). The Court held a hearing on this matter on November 17, 2011 in which the Debtor appeared Pro Se...
MEMORANDUM DECISION ON DEBTOR'S MOTION SEEKING CONTEMPT AND SANCTIONS WILLIAM T. THURMAN, Chief Bankruptcy Judge. This matter came before the Court at an evidentiary hearing on Motion by the above-captioned Debtor, Steven Alan Keyser (the "Debtor"), to (1) Extend the Automatic Stay to Co-Debtor Ariannus Limitada; (2) Order Wasatch to Dismiss Legal actions filed against Debtor and Co-Debtor Ariannus; and (3) Hold Wasatch in Contempt of Court for Violations of the Automatic Stay filed on...
MEMORANDUM DECISION DENYING FIRST AND FINAL APPLICATION FOR ALLOWANCE OF ATTORNEYS' FEES AND COSTS FOR WOODBURY & KESLER, P.C., ATTORNEYS FOR SOUTH STATION, LLC WILLIAM T. THURMAN, Bankruptcy Chief Judge. The matter before the Court is the First and Final Application for Allowance of Attorneys' Fees and Costs for Woodbury & Kesler, P.C., Attorneys for South Station, LLC pursuant to 11 U.S.C. 329 and 330 and Fed. R. Bankr.P. 2016 ("Fee Application"). The Chapter 7 Trustee, Kenneth Rushton ("...
MEMORANDUM DECISION WILLIAM T. THURMAN, Chief Judge. The matter before the Court is Hidden Valley Heights Owners Association's ("Hidden Valley") Motion for Relief from Stay or in the Alternative, Motion for a Determination that the Stay Does Not Apply to Post-Petition [sic] Debt (the "Motion") against Andrew Jackson Colon and Brianna Suzanne Colon (the "Debtors"). The Court conducted a hearing on the Motion on August 25, 2011. Jeffrey C. Wilcox appeared for Hidden Valley and Geoffrey...
MEMORANDUM DECISION R. KIMBALL MOSIER, Bankruptcy Judge. This matter is before the Court on the cross-motions for summary judgment filed by Kenneth A. Rushton, the plaintiff and chapter 7 trustee (Trustee) and the defendant, Bank of Utah (Bank). In this adversary proceeding, the Trustee seeks to recover $383,099 in postpetition payments to the Bank. At the time the Bank received the payments, it was a fully secured creditor and the payments to the Bank caused no damage to the estate. Although...
MEMORANDUM DECISION REGARDING MOTION TO SELL COMMERCIAL REAL PROPERTY AND TO ASSUME AND ASSIGN REAL ESTATE LEASES WILLIAM T. THURMAN, Chief Judge. The matter before the Court is the Trustee's motion seeking authority to sell certain real property ("Motion"). The Trustee also seeks authority to assume the leases pertaining to the subject real property and assign those leases to the buyer. The Court conducted a hearing on the Motion on June 6 and 7, 2011, and received evidence and arguments....
MEMORANDUM DECISION WILLIAM T. THURMAN, Chief Judge. Over the course of hearings on March 9, March 28, April 1, and April 25, 2011, the Court has heard the Defendant's Motions for Summary Judgment on Counts I-V of the Second Amended Complaint ("Complaint") and the Plaintiffs' Motions for Summary Judgment or Partial Summary Judgment on Counts I-III. The Court has provided oral bench rulings on each of those motions in open court and submits now this Memorandum Decision ("Memorandum") to...
MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge. The issue before the Court is whether these above-median income Debtors are entitled to an automatic and unreviewable additional operating expense deduction of $200 per vehicle on Line 27A of their Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Form 22C) for older or well-worn vehicles unencumbered by any secured debt. The Court requested briefing from the parties and continued...
MEMORANDUM DECISION ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND TRUSTEE'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT R. KIMBALL MOSIER, Judge. The matter before the Court is the Motion for Partial Summary Judgment (Motion) filed by Defendants, David Bevan (Bevan) and Benedict Bichler (Bichler) (jointly Defendants), and the Cross-Motion for Partial Summary Judgment (Cross-Motion) filed by the Chapter 7 1 Trustee, Kenneth A. Rushton, (Trustee) addressing the applicability of 546(e)...
MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge The Debtors, Donald and Monica Biorge, seek sanctions against Shorty's Paving, L.L.C. ("Shorty's Paving") for its continued violation of the automatic stay pursuant to 11 U.S.C. 362(a)(1) and (6). 1 The Court conducted a hearing on the Debtors' Motion for Sanctions on March 10, 2011. After considering the evidence properly before the Court, considering the arguments of counsel, and conducting an independent review of applicable law, the...
MEMORANDUM DECISION APPROVING CHAPTER 7 TRUSTEE'S MOTION TO COMPROMISE AND SETTLE CLAIM WILLIAM T. THURMAN, Bankruptcy Chief Judge. The matter before the Court is the consideration of the Chapter 7 Trustee's Motion to Compromise and Settle Claim ("Motion to Compromise") along with the Debtor's Motion for Abandonment ("Motion for Abandonment"). The matter concerns litigation pending in the 5th District Court of Utah (the "State Court Litigation") involving a repurchase agreement for land...
POST-REMAND FINDINGS OF FACT AND CONCLUSIONS OF LAW JOEL T. MARKER, Bankruptcy Judge. In this adversary proceeding, the Trustee seeks recovery under the Truth in Lending Act (TILA) related to two high-interest prepetition bridge loans that Winterfox made to Brian Kitts (Debtor) that are secured by real property in Park City, Utah. After a three-day trial in December 2009, the Court issued its Findings of Fact and Conclusions of Law concluding inter alia that TILA did not apply to Winterfox...
SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING TRUSTEE'S MOTION TO SUBSTANTIVELY CONSOLIDATE SUBSIDIARIES AND INVESTMENT RECOVERY, LLC AS OF THE PETITION DATE R. KIMBALL MOSIER, Bankruptcy Judge. An evidentiary hearing was held by this Court on December 22, 2010 on the "Motion to Substantively Consolidate Subsidiaries and Investment Recovery, LLC as of the Petition Date" [Docket No. 805] (the " Consolidation Motion ") filed by Gil A. Miller, Chapter 11 Trustee for Waterford...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JOEL T. MARKER, Bankruptcy Judge The matter before the Court is the Debtor's motion to assume a lease (Motion) between the Debtor and Memorial Building, LLC (Memorial). The Debtor commenced this chapter 11 1 case on September 16, 2010. On December 6, 2010, the Debtor filed the current Motion. Memorial, Paul J. Crowe, and KB Squared (KB) filed objections to the Motion. 2 Memorial asserts that it is due adequate protection if the Debtor is permitted to...
