Bootjack Dairy M&D, LLC, In re
Aug
28
2023
Ruling
Debtors’ Chapter 12 bankruptcies were not filed in good faith and the underlying contractdispute should have been resolved though the normal state court litigation process. (Bankr. D.Idaho)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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Court
:
Brokens, In re--Brokens v. Intermountain Indus.
Jun
13
2023
Ruling
Adversary proceeding to determine the validity, priority, or extent of a lien dismissedfollowing the dismissal of the underlying. (Bankr. D. Idaho)
Issue(s)
Proceeding to Determine Validity, Priority or Extent of a Lien.
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Court
:
- 11 U.S.C.
Reis, In re
May
02
2023
Ruling
Debtor was not an eligible Sub V debtor as the gap of more than ten years between incurring student loans and debtor's commercial or business activities was too great. (Bankr. D. Idaho)
Issue(s)
Definitions; Debtor; Persons Included
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Court
:
- 11 U.S.C.
Duncan, In re--Rainsdon v. Duncan Ltd. P'ship
Feb
24
2023
Ruling
Failure to assume or reject agreement within 60 days did not constitute a rejection as the agreement imposed no obligations that would constitute a material breach if not performed by debtor. (Bankr. D. Idaho)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
- 11 U.S.C.
Pratt, In re
Jan
23
2023
Ruling
Court found that it was appropriate to modify the debtors' Chapter 13 plan to increase planpayments to account for car insurance, fuel and maintenance and increased HSA contribution.(Bankr. D. Idaho)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or
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Thomason, In re
Jan
03
2023
Ruling
Certification of a direct appeal in either of two Chapter 13 cases denied as the debtor’sdispleasure with the orders of the district court did not support certification. (Bankr. D. Idaho)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals.
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Court
:
- 11 U.S.C.
Espino, In re--Hopkins v. Martinez
Dec
06
2022
Ruling
Chapter 7 trustee could not exercise his strong-arm powers to avoid defendant's interest in thehouse as defendant was in open possession and bona fide purchaser could not merely rely onthe record. (Bankr. D. Idaho)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable
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Thomason, In re
Dec
06
2022
Ruling
Extension of the automatic stay was not appropriate as debtor had not demonstrated by clearand convincing evidence that the second bankruptcy case was filed in good faith. (Bankr. D.Idaho)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.
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Court
:
- 11 U.S.C.
Jardine, In re
Nov
01
2022
Ruling
Creditor had an allowed, nondischargeable claim as the creditor provided sufficient evidencethat debtor owed unpaid child support and unpaid medical expenses. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 11 U.S.C.
Garner, In re--Gout v. Garner
Aug
12
2022
Ruling
Debt was dischargeable where there was no evidence defendant knew his representations thathe would marry creditor if she loaned him money were false when he made them. (Bankr. D.Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
: