Judge Somers

Redmond v. CJD & Assocs. LLC (In re Brooke Corp.)

Ruling: 
A limited liability company is a "corporation" that may qualify as an "affiliate" and "insider" of a debtor.
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Commercial case opionion summary, case decided on March 10,2014, LexisNexis #0614-001

In re Swenson

A law firm, as counsel for chapter 12 debtor, filed an application for allowance of attorneys' fees and expenses.
Ruling: 
Fee application by debtor's attorneys whose employment had not been approved by the court denied.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-037

Dugan Truck Line LLC v. Ranz (In re Ranz)

The former employer of a male debtor sought to exempt its claim for breach of fiduciary duty from discharge pursuant to 11 U.S.C.S. § 523(a)(6). It further sought judgment for the amount of its claim and attorneys' fees. The case was brought against debtor and another defendant, the female debtor. The matter was before the court for judgment.
Ruling: 
Debt resulting from debtor's intentional actions amounting to breach of fiduciary duty was nondischargeable.
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Consumer case opionion summary, case decided on February 06,2013, LexisNexis #0213-115

Davis v. Pham (In re Nguyen)

Chapter 7 trustee filed a complaint pursuant to 11 U.S.C.S. § 548 against a debtor's sister and others, to avoid the debtor husband's prepetition transfer to his sister by quit claim deed of an interest in real property. The court directed the trustee to file a brief addressing the question of appropriate remedy and allowed defendants to file a response.
Ruling: 
Debtor's prepetition transfer of bare legal title to sister by quit claim deed could not be avoided.
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Consumer case opionion summary, case decided on January 15,2013, LexisNexis #0213-014

Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.)

The chapter 7 trustee moved to dismiss the counterclaims asserted by creditor, which asserted its claims for damages allegedly caused by the tortious acts of a custodian, who handled debtors' accounts prior to the filing of the original chapter 11 petition and the appointment of a chapter 11 trustee, were entitled to administrative priority under 11 U.S.C.S. § 503(b)(1)(A) or (b)(3)(E).
Ruling: 
Administrative expense status for all but one of creditor's claims barred by bar date order.
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Commercial case opionion summary, case decided on January 15,2013, LexisNexis #0213-011

Royal v. First Interstate Bank (In re Trierweiler)

Appellant trustee sought review of a decision from the United States Bankruptcy Court for the District of Wyoming, in favor of appellees, a bank and the Mortgage Electronic Registration Systems (MERS), on his adversary complaint seeking to avoid under 11 U.S.C.S. § 544 the mortgage on the debtors' home.
Ruling: 
Bankruptcy court properly held that defining the Mortgage Electronic Registration Systems as mortgagee did not split note from mortgage to make it invalid or avoidable.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-087

In re Osborne

The matter under advisement was the first interim application filed by the chapter 7 Trustee, for approval of fees and expenses for special counsel for the Trustee. Debtor objected to the payment of any fees to the special counsel.
Ruling: 
Trustee's interim fee application granted with respect to services rendered in recovery of assets for the estate.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-039

In re Alternate Funds

A chapter 11 trustee, objected to a proof of claim submitted by defendant purchasers.
Ruling: 
Debt based on notes assigned to purchaser of debtor's mining business assets recharacterized as equity investment and subordinated as unsecured claim.
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Commercial case opionion summary, case decided on December 10,2012, LexisNexis #0113-014

In re Dickinson Theaters Inc.

The court held an evidentiary hearing on confirmation of debtor's First Amended and Restated Plan of Reorganization Dated November 5, 2012, as modified during the confirmation hearing (the Plan). Two objections to confirmation were filed, one by the Treasurer of Maricopa County, Arizona, which the court stated debtor would resolve by agreement, and one by two creditors.
Ruling: 
Confirmation denied for seeking to extend period for assumption or rejection beyond confirmation date.
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Commercial case opionion summary, case decided on December 04,2012, LexisNexis #0113-079

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