Montana

In re Vanns Inc.

A chapter 7 trustee filed an objection to final applications for fees and costs filed by two law firms pursuant to 11 U.S.C.S. § 330(a)(3).
Ruling: 
Law firms in case converted to chapter 7 from chapter 11 ordered to split remainder of professional fee carve out as reasonable final award.
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Commercial case opionion summary, case decided on May 21,2013, LexisNexis #0613-039

In re Jirsa

A hearing was held on confirmation of the debtors' third amended chapter 13 plan and on their amended motion to reject an executory contract, or in the alternative, to determine that the executory contract was terminated.
Ruling: 
Lease with option to purchase avoided as purchase price was less than equivalent value of property.
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Consumer case opionion summary, case decided on May 20,2013, LexisNexis #0613-061

Werner v. Gilbert (In re Gilbert)

Judgment creditor sent a letter to the court which asked the court to find that chapter 7 debtor owed her a debt in the amount of $6,680 that was nondischargeable in bankruptcy. The court treated the letter as a complaint, found that the creditor was seeking relief under 11 U.S.C.S. § 523(a)(2)(A), and held a trial on issues the creditor raised.
Ruling: 
Nondischargeability proceeding dismissed where creditor did not rely on debtor's false representations in lending money.
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Consumer case opionion summary, case decided on May 03,2013, LexisNexis #0513-119

Cini v. Viscomi & Gersh PLLP (In re Cini)

Debtor brought an adversary proceeding against defendant attorney who represented the debtor's former spouse in divorce proceedings, seeking a determination of the validity and priority of interests in a trust fund of damages awarded or to be awarded to the debtor and the spouse arising from an automobile accident.
Ruling: 
Debtor's purchase of former spouse's interest in trust fund at sheriff's sale was valid and interest was property of the estate.
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Consumer case opionion summary, case decided on May 03,2013, LexisNexis #0513-124

In re Warwood

Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for paying his creditors. A mortgage company and other creditors filed an objection to the debtor's plan, and the court held a hearing on the debtor's motion seeking confirmation of his plan and the creditors' objection.
Ruling: 
Feasible plan for which at least one impaired creditor class had voted confirmed over objection of creditor that would be subject to interest rate cramdown.
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Consumer case opionion summary, case decided on April 22,2013, LexisNexis #0513-065

Hunt v. Bailey (In re Bailey)

Parents filed an adversary proceeding chapter 7 debtor, their son, seeking a determination that a claim in the amount of $169,440 they filed against their son's bankruptcy estate was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The parents filed a motion for summary judgment.
Ruling: 
Judgment claim based on state court finding of fraud was nondischargeable.
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Consumer case opionion summary, case decided on April 02,2013, LexisNexis #0413-123

In re Spanish Peaks Holdings II LLC

Chapter 7 trustee filed a motion to assume a ground lease to certain nonresidential real property as the result of an asset purchase agreement with a buyer who presented the best offer for the debtors' property. The lessees under the ground lease filed an objection to the trustee's motion.
Ruling: 
Motion to assume ground lease to nonresidential real property pursuant to asset purchase agreement granted.
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Commercial case opionion summary, case decided on March 29,2013, LexisNexis #0713-040

In re Standley

Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.
Ruling: 
Confirmation denied as proposed term of payment was too long.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-134

In re Belzer

Chapter 13 trustee objected to the confirmation of the debtors' chapter 13 plan.
Ruling: 
Plan confirmed with 36 month commitment period despite recent increase in income as debtors' income in six months prior to petition was below median.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-067

Samson v. Western Capital Partners LLC (In re Blixseth)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant Colorado limited liability company ("LLC"), seeking a determination that he could avoid a guaranty a chapter 7 debtor gave the LLC on a loan it made to the debtor's son, could recover payments and property the LLC received to repay the loan, and could recover a penalty under Montana law because the LLC charged a usurious rate of interest. The case was tried to the court.
Ruling: 
Guaranty executed within two years of petition date while debtor was insolvent for less than reasonably equivalent value could be avoided as fraudulent.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-056

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