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Summary: 348 B.R. 789 (2006) In re Joey Carl GORRINGE, Debtor. In a motion filed on May 15, 2006, Debtor Joey Carl Gorringe claims Creditor Action Collection Services Inc. violated the § 362[1] automatic stay by attempting to collect on a judgment after Debtor filed for bankruptcy relief. On January 11, 2006, Debtor received a letter from Creditor's attorney notifying Debtor of his right to dispute the validity of the debt and attempting to collect the debt. However, the bankruptcy notice listed Debtor's......read more.


Summary: 243 B.R. 96 (1999) In re Edward LEMOS, Debtor. Edward Lemos, Plaintiff, v. Bernie Rakozy, Defendant. Background In this adversary proceeding, Plaintiff Edward Lemos, a Chapter 7 debtor, seeks to establish that certain funds received after the filing of his bankruptcy petition through the federal Crop Loss Disaster Assistance Program ("CLDAP") are not property of his bankruptcy estate. Under Section 541(a) of the Bankruptcy Code, property of the estate includes: *98 (1) ... [A]ll legal or equitab......read more.


Summary: 349 B.R. 814 (2005) In re Charles T. BOWEN and Lori M. Bowen, Debtors. INTRODUCTION Charles Todd Bowen and Lori Bowen ("Debtors") filed a voluntary petition for chapter 13 relief on October 12, 2004, commencing this case. On August 16, 2005, a hearing was held concerning confirmation of Debtors' First Amended Chapter 13 Plan, Doc. [1] This Court, in In re Johnson, 262 B.R. 831, 01.2 I.B.C.R. 72 (Bankr.D.Idaho 2001), listed several factors that may be relevant to a finding of good faith: 1) The a......read more.


Summary: 264 B.R. 674 (2001) In re RESIDENTIAL AG, INC., Debtor. Three creditors, Doug Bybee, Jim Guerry and Thad Hull (collectively "the claimants"), *676 each move the Court for approval and payment of the farm labor liens they assert against the sale proceeds of Debtor's 2000 potato crop. Debtor Residential Ag, Inc., a farming concern, raised potatoes in 2000. When they were not paid by Debtor as agreed, each of the individual creditors timely filed written notices with the Idaho Secretary of State cl......read more.


Summary: 228 B.R. 264 (1998) In re William Oren HOUGH, Jr. and Barbara Irene Hough, Debtors. Robert A. Fry and Elizabeth G. Fry, husband and wife, dba Gem Physical Therapy Clinic, and Chip Sands, an individual, Plaintiffs, v. Barbara Irene Hough, Defendant. Defendant Barbara Hough filed a Chapter 7 bankruptcy petition with this Court on April 8, 1998. Hough v. Fry, 98.7 I.S.C.R. 244, 245.


Summary: 316 B.R. 342 (2004) In re Timothy DANIELS, Debtor. In this case, a state court judge issued a warrant for the arrest of Timothy Daniels ("Debtor") at the request of Bannock Collections, Inc. ("Creditor") after Creditor was unable to collect a judgment against him for $367.08. On August 12, 2004, the Court conducted an evidentiary hearing concerning Debtor's motion and took the issues under advisement. When Creditor could not collect the judgment, on February 2, 2004, acting on Creditor's motion,......read more.


Summary: 350 B.R. 886 (2006) In re A-Z ELECTRONICS, LLC, Debtor. Chapter 11 debtor in possession A-Z Electronics, LLC ("Debtor") did not file any response to the Motion, but its counsel did appear at the time of hearing and voiced objection.In the initial schedule B filed in that case, Ron Ryan claimed to own 100% of A — Z Electronics, LLC, ascribing a value of "$0.00" thereto. Case law and treatise analysis, however, note one: When the debtor is a corporation, partnership, or limited liability company, ......read more.


Summary: 283 B.R. 294 (2002) In re Jim Lee WIERSMA and Patricia Darlene Wiersma, Debtors. I. Introduction Debtors Jim Wiersma and Patty Wiersma (hereinafter "Debtors") filed a petition for relief under Chapter 11 of the Bankruptcy Code on October 1, 2001. On June 26, 2002, Debtors filed a Motion to Determine Secured Status (hereinafter "Motion") to establish the relative rights of Debtors and two of their creditors in any settlement proceeds generated by the Gietzen lawsuit. On July 31, 2002, the Court c......read more.




Summary: 403 B.R. 86 (2009) In re Christopher R. KING, dba, CK Construction, LLC, Debtor. JB Construction, Inc., an Idaho corporation, Plaintiff, v. Christopher R. King, dba, CK Construction LLC, Defendant. January 22, 2009. Introduction Plaintiff JB Construction, Inc. ("Plaintiff") seeks a determination that Defendant Christopher R. King ("Defendant") willfully and maliciously breached an agreement between the parties, such that Plaintiff's claim for damages should be excepted from discharge in Defendan......read more.


Summary: 258 B.R. 8 (2000) In re Dawane HARRIS, Debtor. Background Debtor Dawane Harris ("Debtor") filed for bankruptcy relief under Chapter 13 of the Bankruptcy Code on March 3, 2000. In accordance with 11 U.S.C. § 1326(a)(1), the Court entered an order on March 10 (Docket No. 9) requiring Debtor to begin making payments as proposed under Debtor's Chapter 13 plan to Trustee thirty days after his plan was filed. Debtor's Chapter 13 case was dismissed by order entered on September 11, 2000 (Docket No. 27)......read more.


Summary: 447 B.R. 313 (2011) In re Shelton S. BEACH, Beverly S. Beach, Debtor. Shelton S. Beach, Beverly S. Beach, husband and wife, and R. Sam Hopkins, Trustee, Plaintiff, v. Bank of America as successor in interest to Countrywide Home Loans, Inc., as successor in interest to Aegis Wholesale Corporation, Defendant. *316 Patrick McNulty, Robert A. Faucher, Ted S. Tollesfson, Holland & Hart, LLP, Boise, ID, for Defendant. Introduction Bank of America ("the Bank")[1] made a loan to chapter 7[2] debtors, Sh......read more.


Summary: 233 B.R. 461 (1999) In re Kent Francis EDWARDS, dba Hobby Horse Ranch Tractor & Equipment, Debtor. In this adversary proceeding, the State of Idaho asks the Court to find that Defendant Kent Edwards d/b/a Hobby Horse Ranch Tractor & Equipment ("Hobby Horse"), a Chapter 11 debtor, has violated the Idaho Consumer Protection Act ("ICPA") and Idaho Rules of Consumer Protection ("RCP") in the conducting his business activities. Defendant Kent Edwards ("Edwards") is the sole owner of Hobby Horse, a bu......read more.




Summary: 7 B.R. 34 (1980) In the Matter of David Wayne ROBERSON, Vicki Sue Roberson, Debtors. David Wayne ROBERSON and Vicki Sue Roberson, Plaintiffs, v. Sheila HUNTER, Defendant.


Summary: 128 B.R. 465 (1991) In the Matter of David Ralph WALKER, Debtor. On March 1, 1991, the Bank filed a Motion for Relief from Stay[1] alleging as grounds that Debtor had defaulted under the original terms of the mortgage. Discussion Key Bank contends that the modifications to its mortgage note contained in the confirmed plan were "illegal" and prohibited by Section 1322(b)(2) which allows restructuring of secured claims except "a claim secured only by a security interest in real property that is th......read more.


Summary: 433 B.R. 792 (2010) In re James SPICKELMIRE and Betty Spickelmire, Debtors. C. Barry Zimmerman, Plaintiff, v. William James Spickelmire; Betty J. Spickelmire; Jerry L. Alley; Bruce Battles; Gregory J. Cenac; Gwen Cenac; Terry L. Fogelstrom; Rodney K. Gortsema; Matthew Steven Green; Mitchell James Green; Molly Kathryn Green; Arley Haener; Irene Haener; Richard J. Haener; John L. Hauntz; Carol Sue Hauntz; Killgore Adventures, LLC; Charles Roy Lamm; Melba June Lamm; Robert A. Liebelt; Jeff Mager; M......read more.


Summary: 37 B.R. 584 (1984) In re Vincent A. DIAS and Cheryl A. Dias, Debtors. Teresa KLOOS, Trustee, Plaintiff, v. Vincent A. DIAS and Cheryl A. Dias, Debtors, and Twin Falls Bank & Trust Company, a corporation, Defendants. This matter is presently before the Court upon cross motions for summary judgment by the plaintiff, trustee of the chapter 7 bankruptcy estate of defendants Vincent and Cheryl Dias, and by the debtors.


Summary: 163 B.R. 581 (1993) In re Katherine A. PETERSON, Debtor. The allowed amount of the debtor's secured claim was determined under sections 506(a)[1] for purposes of section 1322(b)(2)[2] and the debtor continued making monthly payments to the Bank during the process of the chapter 13 case in accordance with that value. In Gammon v. Chrysler Credit Corp. (In re Gammon), 155 B.R. 15 (W.D.Okla.1993), the district court upheld a bankruptcy judge's decision to not allow a converted chapter 7 debtor to u......read more.


Summary: 154 B.R. 970 (1993) In re ROOK BROADCASTING OF IDAHO, INC., John H. Rook, and Kootenai Broadcasting, Inc., Debtors. Stephen F. Faust, Paine, Hamblen, Coffin, Brooke & Miller, Spokane, WA, for Unicom Broadcasting, Inc. Rook Broadcasting of Idaho, Inc., John H. Rook, and Kootenai Broadcasting, Inc., the procedurally consolidated debtors (hereinafter, "debtors") have moved to defer consideration of the proposed chapter 11 plan submitted by Stephen R. Harris ("Harris"), a creditor of the debtors. La......read more.