Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Sep
30
2024
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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Court
:
- 11 U.S.C.
Tileh, In re--Idaho DOL v. Tileh
Sep
06
2024
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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Court
:
- 11 U.S.C.
Montana Tunnels Mining, Inc., In re
Jul
17
2024
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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Court
:
K Bar A Ranch, In re
Jun
07
2024
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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Court
:
- 11 U.S.C.
Harrington, In re
Jun
07
2024
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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Court
:
- 11 U.S.C.
Kapperud, In re
Aug
22
2023
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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Court
:
- 28 U.S.C.
White River Contr., LLC, In re--Ward v. White River Contr., LLC
Sep
10
2021
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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Court
:
- 11 U.S.C.
Better Than Logs, Inc., In re--Concrete Log Sys. v. Better Than Logs, Inc.
Jun
11
2021
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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Court
:
Kearns, In re
Feb
12
2021
Ruling
Approval of reaffirmation agreement for an executory vehicular lease denied as assumptionshould have been utilized. (Bankr. D. Mont.)
Issue(s)
Executory Contracts and Unexpired Leases; Leases of Personal Property and Individual
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:
Hawaii Motorsports, LLC, In re
Dec
07
2020
Ruling
Creditor with unperfected security interest was not entitled to stay relief. (Bankr. D. Mont.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
: