FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF THE DEBTOR'S PLAN PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE R. KIMBALL MOSIER , Bankruptcy Judge . BSD Medical Corporation fka Perseon Corporation (the " Debtor ") having: 1 a. Commenced, on May 23, 2016, this Chapter 11 Case by filing a voluntary petition in this Bankruptcy Court; b. continued to operate its business as a debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code; c. obtained,...
MEMORANDUM DECISION WILLIAM T. THURMAN , Bankruptcy Judge . This matter before the Court is the Debtor's Motion to Shorten Time on Motion for an Order (A) Determining Cure Amount on GVS Claim Under 11 U.S.C. 1124(2); (B) Determining (or Disallowing) GVS's Claim Under 11 U.S.C 502(b); and (C) Setting an Evidentiary Hearing on These Matters Before the Confirmation Hearing (the "Motion to Shorten Time"). The Court conducted a hearing on the Debtor's Motion to Shorten Time on December 2, 2016....
FINDINGS OF FACT AND CONCLUSIONS OF LAW KEVIN R. ANDERSON , Bankruptcy Judge . On December 9, 2016, the Court held a hearing to consider final approval of the Disclosure Statement dated November 10, 2016 (the "Disclosure Statement" ), which was provisionally approved by order entered on November 10, 2016 (docket no. 72), and confirmation of the First Amended Chapter 11 Plan Dated November 10, 2016 (the "Plan," Exhibit A to docket no. 68) filed by The Kirk LLC (the "Debtor" ). Ted...
MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . The matters before the Court are applications for compensation and reimbursement of expenses by the former chapter 7 trustee and his counsel. Because these two bankruptcy cases have the same procedural background and raise the same issue, the Court elects to deal with them together in this memorandum decision. Although applications for compensation are typically straightforward and without much controversy, the ones in these...
FINDINGS AND CONCLUSIONS REGARDING DEBTOR'S CHAPTER 11 PLAN OF LIQUIDATION WILLIAM T. THURMAN , Bankruptcy Judge . The Court conducted a hearing on November 23, 2016 at 3:00 p.m. (the "Confirmation Hearing") to consider confirmation of the Debtor's Chapter 11 Plan of Liquidation Dated October 6, 2016 [Docket No. 185] (the "Plan") filed by Pacific WebWorks, Inc. (the "Debtor"). George Hofmann and Jeffrey Trousdale appeared at the hearing on behalf of the Debtor and other appearances were...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT KEVIN R. ANDERSON , U.S. Bankruptcy Judge . The matter before the Court is Ray Klein, Inc. dba Professional Credit Service's ("Plaintiff") Motion for Default Judgment. The Court has heard the arguments of Plaintiff's counsel, heard testimony of witnesses, and received exhibits into evidence as noted on the record. Daniel Jeff Webb, the Defendant, however, did not appear at the hearing or file an objection to...
MEMORANDUM DECISION KEVIN R. ANDERSON , U.S. Bankruptcy Judge . For more than fifteen years, the Debtor, Castle Service, LLC, has operated an automobile service business on real property titled in the name of two of its owners and managers, Michael and Judy Hurdsman (the "Hurdsmans"). ZB, N.A. d/b/a Zions Bank ("Zions") holds a trust deed on real property located in Huntington, Utah to secure a 2001 construction loan in the present amount of approximately $331,000. Zions has filed a motion...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . I. INTRODUCTION This matter comes before the Court on the Trustee's motion for summary judgment and the Defendant's cross-motion for summary judgment. Louis Christensen ("Debtor") filed for chapter 7 bankruptcy on July 22, 2011. The Trustee filed a complaint on July 11, 2013 against Defendant Marlese Christensen ("Defendant"), the Debtor's former wife, to recover an alleged fraudulent transfer or a preferential transfer in...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . The matter before the Court is the Motion to Approve Agreement (the "Motion") filed by Elizabeth Loveridge, the Chapter 7 Trustee ("Trustee"). In conjunction with the Motion, the Trustee also filed a Notice of Proposed Abandonment. The Slovak Republic, a creditor, filed an objection to both the Motion and the Notice of Proposed Abandonment. An evidentiary hearing on the Motion was held on September 8, and continued to...
MEMORANDUM DECISION KEVIN R. ANDERSON , U.S. Bankruptcy Judge . In this chapter 7 case, the Debtor failed to comply with the Trustee's request to produce bank statements, failed to respond to the Trustee's motion for turnover of the bank statements, failed to obey the subsequent turnover order, failed to answer the Trustee's ensuing complaint to revoke his discharge, and failed to object to the Trustee's motion for default judgment. On November 22, 2013, the Court entered its judgment...
MEMORANDUM DECISION WILLIAM T. THURMAN , United States Bankruptcy Judge . The matter before the Court is the Defendant's motion to dismiss this adversary proceeding for lack of subject matter jurisdiction. The Defendant, Robert Long, filed a chapter 7 bankruptcy petition on September 8, 2011. His discharge was entered on December 14, 2011. This adversary proceeding was filed by the Plaintiff, Jeffrey Phillips, on February 11, 2013. The complaint brought eight counts against the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW R. KIMBALL MOSIER , U.S. Bankruptcy Judge . Two competing motions came before the Court on March 16, 2016. The motion of Elizabeth R. Loveridge, the chapter 7 trustee (Trustee), seeks the Court's approval of a settlement agreement. The motion of Bank of the West (Bank) seeks the Court's approval to resume prosecution of a pre-petition lawsuit to recover property for the benefit of the chapter 7 estate. The competing motions are related because the...
ORDER AND JUDGMENT RE NONDISCHARGEABLE DEBTS WILLIAM T. THURMAN , Bankruptcy Judge . This matter came on regularly for trial on February 4 and 5, March 3 and 4, and May 6, 2016, before the above-entitled Court, the Honorable William T. Thurman, United States Bankruptcy Judge, presiding. Bryce D. Panzer of Blackburn & Stoll, LC, represented the Plaintiffs Telegraph Tower, LLC, and Jared Christiansen. Defendants Donald Joseph Larkin and Stephen Max Larkin represented themselves pro se . The...
FINDINGS OF FACT AND CONCLUSIONS OF LAW WILLIAM T. THURMAN , Bankruptcy Judge . This matter came on regularly before the Court for trial on February 4 and 5; March 3 and 4; and May 6, 2016, the Honorable William T. Thurman, United States Bankruptcy Judge, presiding. Plaintiffs Telegraph Tower, LLC, and Jared Christiansen were represented by Bryce D. Panzer of Blackburn & Stoll, LC. Defendants Donald Larkin and Stephen Larkin represented themselves pro se. The Court made pretrial rulings on...
MEMORANDUM DECISION JOEL T. MARKER , U.S. Bankruptcy Judge . A chapter 7 trustee is charged with collecting property of the estate, reducing it to money, and distributing funds to creditors as expeditiously as possible. 1 Among the tools that the trustee may use to collect property of the estate are Bankruptcy Code 544 and 548, which allow the trustee to pursue property that the debtor transferred pre-petition to another person for no consideration or with actual fraudulent intent....
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAND R. KIMBALL MOSIER , U.S. Bankruptcy Judge . This matter is before this Court on the United States District Court's order remanding the case for further proceedings (Remand Order) consistent with the District Court's memorandum decision and order of September 18, 2015. I. PROCEDURAL BACKGROUND The Trustee's complaint asserted claims based on alter ego, resulting trust, and constructive trust and sought damages and turnover for...
MEMORANDUM DECISION ON MOTION FOR A DETERMINATION OF THE PRESENT STATE OF THE BANKRUPTCY ESTATE R. KIMBALL MOSIER , Bankruptcy Judge . The debtor, Michael Lynn Robertson (Debtor) is seeking a determination of the present state of the bankruptcy estate. Specifically, the Debtor is seeking a determination that his claim against Banner Bank (Claim) has been abandoned to him. Having considered the pleadings on file and the representations and arguments of the parties, the Court determines that...
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF DEBTOR'S CHAPTER 11 PLAN KEVIN R. ANDERSON , Bankruptcy Judge . This matter came before the Court on January 19, 2016 at 11:00 a.m. (the " Confirmation Hearing ") to consider confirmation of the plan under chapter 11 of the Bankruptcy Code dated December 14, 2015 [Docket No. 87] (the " Plan ") filed by SAO Investments, LLC, debtor-in-possession (" Debtor "). Matthew M. Boley appeared on behalf of the Debtor. Other counsel and parties-in-...
