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District of montana

Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.

Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-063

Tileh, In re--Idaho DOL v. Tileh

Ruling
Overpayment of unemployment benefits was nondischargeable as the undisputed facts showed the state department of labor relied on debtor’s misrepresentations. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-059

Montana Tunnels Mining, Inc., In re

Ruling
Chapter 11 case dismissed pursuant to confirmed plan's unambiguous language requiringdismissal if effective date missed. (Bankr. D. Mont.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on July 17, 2024 , LexisNexis #0924-071

K Bar A Ranch, In re

Ruling
Fee application substantially reduced due to applicant's failure to conscientiously assessreasonableness, exclude routine creditor expenses, and apply appropriate factors.casesinvolving oversecured creditors. (Bankr. D. Mont.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on June 07, 2024 , LexisNexis #0824-010

Harrington, In re

Ruling
Court was not persuaded that fees in excess of $20,000 were reasonable despite the significanceof the attorney's representation of debtors in a geographic area that was underserved. (Bankr.D. Mont.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed;

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Consumer opinion summary, case decided on June 07, 2024 , LexisNexis #0824-005

Eagle Bear Inc., In re

Ruling
Debtor campground was not a contractor and thus was not liable for Native American nation’scontractor excise tax. (Bankr. D. Mont.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Commercial opinion summary, case decided on October 25, 2023 , LexisNexis #1223-084

Kapperud, In re

Ruling
Debtors' counsel was required to submit further applications for fees and costs incurred priorto and after confirmation as the court was bound by its local rules. (Bankr. D. Mont.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed;

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Consumer opinion summary, case decided on August 22, 2023 , LexisNexis #1023-027

White River Contr., LLC, In re--Ward v. White River Contr., LLC

Ruling
Plaintiff's claims against non-debtor defendants did not fall within the court's "related to"jurisdiction as plaintiffs' allegations against non-debtor defendants would not necessarilyhave any effect on debtor's bankruptcy estate. (Bankr. D. Mont.)
Issue(s)
Procedures.

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Commercial opinion summary, case decided on September 10, 2021 , LexisNexis #1121-022

Shoot the Moon, LLC, In re--CapCall, LLC v. Foster

Ruling
Trustee was entitled to judgement on preference claims having satisfied all necessaryelements. (Bankr. D. Mont.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on September 10, 2021 , LexisNexis #1021-092

Better Than Logs, Inc., In re--Concrete Log Sys. v. Better Than Logs, Inc.

Ruling
Debt was excepted from discharge as it arose from a willful and malicious injury committedby debtor. (Bankr. D. Mont.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Commercial opinion summary, case decided on June 11, 2021 , LexisNexis #0721-086