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Summary: 106 B.R. 236 (1989) In re Paul T. DEITZ, Debtor. This matter is before the Court on the Motion of Paul T. Deitz ("Debtor") to confirm *237 a Chapter 13 plan of reorganization, and the objection filed by the Internal Revenue Service ("IRS"). The Debtor then filed this Chapter 13 petition on February 14, 1989, more than 240 days after the IRS assessment.


Summary: 110 B.R. 528 (1990) In re Gerry Phyllis KURTZ, Debtor. The MAY DEPARTMENT STORES COMPANY, d/b/a May D & F, Plaintiff, v. Gerry Phyllis KURTZ, Defendant. For this reason, a number of considerations have evolved as relevant in determining intent: (1) The length of time between making the charges and filing bankruptcy; (2) the number of charges made; (3) the amount of the charges; (4) whether the charges were above the credit limit on the account; (5) the sharp change in the buying habits of the de......read more.


Summary: 37 B.R. 755 (1984) In re Donald D. MANNING and Judith E. Manning, Debtors. Tom H. CONNOLLY, Trustee, Plaintiff, v. NUTHATCH HILL ASSOCIATES, Bernard A. Karshmer, Leo Goettelman, Arthur I. Karshmer, and Hazen E. Moore, Defendants. I. Introduction THIS MATTER comes before the Court pursuant to a Complaint filed by the Chapter 7 Trustee of the above-named debtors in which he seeks an order declaring dissolution and directing windup of a partnership, an order authorizing sale of partnership property......read more.


Summary: 42 B.R. 808 (1984) In re B & L OIL COMPANY, Debtor. Garry R. APPEL, Trustee, Plaintiff, v. John R. GABLE and Alan Gable Oil Development Company, Defendants. The basis upon which venue for that Petition is asserted is that B & L Oil Co. is an affiliate of Empire Oil & Gas Co., who has a pending Chapter 11 case in this *810 court in Case No. 82 B 3985 Mc. The plaintiff, Garry R. Appel, is a court appointed Trustee, with authority to operate the business of the debtor, B & L Oil Company. [1] Specif......read more.




Summary: 217 B.R. 877 (1998) In re Robert C. MEACHEN, Debtor. At this meeting, the Trustee, upon learning of the death of the Debtor's mother, asserted that the Debtor's share of the probate estate was property of the Debtor's bankruptcy estate.


Summary: 72 B.R. 384 (1987) In re David Lee DAVIDSON, Debtor. Edward I. Cohen, Denver, Colo., for David Lee Davidson and David Ross Sharon and Clydia Rose Sharon. Each debtor proposes to deal with child support arrearages and the Court, sua sponte, set hearings on confirmation to determine the propriety of dealing with past due child support through a Chapter 13 plan. David Lee Davidson — Mr. Davidson has no priority debts, no secured debts and unsecured debts totalling $23,259.36 of which $14,075.00 is ......read more.


Summary: 131 B.R. 174 (1991) In re LIFE IMAGING CORPORATION, Debtor. The Internal Revenue Service alleges it has a valid second security interest in all the equipment, inventory, receivables and proceeds thereof of Life Imaging Corporation. D) In order to assure . . . the Internal Revenue Service that they have adequate protection, Life Imaging Corporation agrees to give . . . the Internal Revenue Service (if they have a valid, perfected lien), . . . a substitute lien on all property acquired post-petiti......read more.


Summary: 129 B.R. 233 (1991) In re CASTLE PINES NORTH METROPOLITAN DISTRICT, Debtor. 11 U.S.C. § 904(2) provides as follows: Notwithstanding any power of the court, unless the debtor consents or the plan so provides, the court may not by any stay, order, or decree, in the case or otherwise, interfere with — . . . (2) any of the property or revenues of the debtor; . . . It is fairly obvious that if the Court ordered the District to make interim payments to counsel for the Creditors' Committee it would be ......read more.


Summary: 5 B.R. 711 (1980) In re Terry Vaughn MARSHBURN, Debtor. The matter before the Court is the objection of Provident Professional Fund, Inc. to the claim of exemptions of Terry Vaughn Marshburn, the Debtor in this proceeding. Mr. Marshburn claims that termination payments paid and to be paid him subsequent to bankruptcy by a former employer, State Farm Insurance Company, are exempt as earnings under Colorado law. Clearly, termination payments in the Debtor's hands or due him at the time of the comm......read more.


Summary: 394 B.R. 544 (2008) In re Walter J. SACKETT, SS# XXX-XX-XXXX, Julie A. Sackett, SS# XXX-XX-XXXX, Debtors. Jeffrey A. Weinman, Esq., William A. Richey, Esq., Weinman & Associates, P.C., Denver, CO, for Debtors. This matter comes before the Court on the Objection to Debtor Julie A. Sackett's Claim of Exemption filed by Cynthia Skeen, Chapter 7 Trustee ("Trustee") on March 4, 2008 (Docket #33) and the Response thereto filed by Walter and Julie Sackett on March 31, 2008 (Docket # 41). The Court held......read more.


Summary: 137 B.R. 475 (1992) In re GILLETT HOLDINGS, INC., Employer Tax I.D. XX-XXXXXXX, Debtor. This matter comes before the Court upon the First Quarterly Application of Smith Barney, Harris Upham & Co., Inc. ("Smith Barney") for Interim Allowance of Compensation and Reimbursement of Expenses filed October 31, 1991 ("the Application") and responses thereto[1] filed by the Official Creditors' Committee on November 26, 1991 and the United States Trustee on November 27, 1991. Following time extensions, th......read more.


Summary: 132 B.R. 186 (1991) In re Allan J. HALLE, Debtor. This matter is before the Court on the complaint of the Chapter 7 trustee ("Trustee") which seeks to recover $73,500 that the debtor, Allan J. Halle, ("Halle") paid to the Internal Revenue Service ("IRS") shortly before Halle filed for Chapter 7 bankruptcy. On September 17, 1987, there was paid into the Debtor's joint income tax account for 1987 tax year an estimated tax payment of $38,000 with a check drawn on an account in the name of the Debto......read more.


Summary: 148 B.R. 606 (1992) In re Fred T. HILLER, III d/b/a Hiller Properties, Hiller Construction and Hiller Real Estate, Debtor. H. Christopher CLARK, Plaintiff, v. Fred T. HILLER, III d/b/a Hiller Properties, Hiller Construction and Hiller Real Estate, Defendant. The Debtor, Fred T. Hiller ("Debtor" or "Hiller"), was a real estate developer and property manager for about 25 years. Hiller is a resident of the State of Colorado, the Debtor in the above-captioned bankruptcy case, and was the Debtor-in-P......read more.


Summary: 50 B.R. 232 (1985) In re ILLINOIS-CALIFORNIA EXPRESS, INC., dba ICX, Debtor. The trustee, on behalf of the debtor, Illinois-California Express, Inc. (ICX), filed a complaint alleging six counts for relief against the defendants, Continental Illinois National Bank and Trust Company of Chicago and United Bank of Denver (hereinafter called the Banks), and Liberty Mutual Insurance Company (hereinafter called Liberty Mutual). The loan agreement between the Banks and the debtor provides that upon defa......read more.


Summary: 260 B.R. 174 (2001) In re Michael Evert LARSON, SS# XXX-XX-XXXX and Michele Rae Larson, SS# XXX-XX-XXXX, Debtors. FACTS ....................................................................................182 A. Debtors' Farming/Ranching Background ..................................................182 B. Farmers Bank Debt .....................................................................183 C. FSA Debt ...................................................................................read more.


Summary: 64 B.R. 294 (1986) In re Virginia M. KASDORF, Debtor. Bankruptcy Courts have examined there major factors in assessing whether a filing was made in bad faith: (1) the timing of the filing of the petition, (2) the motive of the debtor in filing the petition, and (3) the accuracies or inaccuracies of the debtor's assertions on its petition and schedules.


Summary: 184 B.R. 370 (1994) In re LONEPINE CORPORATION, a Colorado corporation, EIN XX-XXXXXXX, Debtor. THIS MATTER came on for hearing on June 7, 1994 on the Motion to Assume Unexpired Commercial Lease (Motion) filed by LonePine Corporation (LonePine) and Objections of the Landlord, R.H. Pierce Manufacturing Co. (Pierce), and the prospective purchaser of Pierce's assets, PDKD, Inc. (PDKD). LonePine is a parent corporation owning stock in several subsidiary businesses, including Fort Lupton Canning, Inc......read more.


Summary: 84 B.R. 202 (1988) In re KAISER STEEL CORPORATION, Debtor. KAISER STEEL CORPORATION, et al., Plaintiffs, v. Joseph A. FRATES, et al., Defendants. KAISER STEEL CORPORATION, et al., Plaintiffs, v. Monty H. RIAL, et al., Defendants. The Unsecured Creditors Committee (the "Committee") was formed for Kaiser Steel Corporation ("Kaiser" or "Debtor") and obtained approval of the Court to engage the accounting firm of Coopers in March of 1987 to provide accounting services for the Committee. Cash Flow An......read more.


Summary: 3 B.R. 584 (1980) In re Daniel Palmer CLOUTIER and Pamela Marie Cloutier, Debtors. THIS MATTER is before the Court upon the objections of an unsecured creditor to confirmation of the Debtors' Chapter 13 plan. The creditor argues that because the Debtors' plan proposes to pay nothing to unsecured creditors, it fails the "good faith" and "best interests" tests of 11 U.S.C. §§ 1325(a)(3) and (4), respectively. Much reliance is also placed on the recent decision In re Iacovoni, 2 B.R. 256, (Bkrtcy.D......read more.