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Summary: 249 B.R. 218 (2000) In re James Edward DONAHUE, a/k/a Jim Donahue and Ann Kristine Donahue, Debtors. Within the time allowed for objections, Debtors filed on April 14, 2000, Debtors' Objection to Trustee's Proposed Distribution claiming Debtors should receive from the Trustee a distribution in the amount of $1,200.00 for their claimed exemption in a 1986 Ford F150 truck.


Summary: 365 B.R. 138 (2007) In re Donald A GATZKE, Debtor. Donald A Gatzke, Plaintiff, v. James Christian, Bearcat Drilling and Pump Company, LLC, Northstar Development of Montana, LLC, Northstar Properties, LLC, Glacier Crossroads, A Corporation, and Rocky Mountain Lumber Company LLC, Defendants. A separate Judgment and Orders shall be entered in favor of the Plaintiff Donald A. Gatzke ("Gatzke") against the Defendants, for the reasons set forth below, in this adversary proceeding and the main Chapter ......read more.


Summary: 169 B.R. 421 (1994) In re PIERCE PACKING COMPANY, Debtor. On or about January 5, 1979, Security Bank, N.A., n/k/a First Interstate Bank ("Security Bank") made a loan in the amount of $2,500,000.00 to Pierce Packing Company (the "Debtor"), guaranteed ninety percent (90%) by EDA pursuant to the Public Works and Economic Development Act, 42 U.S.C. § 3121 et seq. (the "EDA Loan"). The note was also secured by a mortgage given that date by the Debtor to Security Bank, encumbering certain real estate ......read more.


Summary: 107 B.R. 289 (1988) In re Roy Allen MAXTED, Sr., Debtor. Brought for trial on September 17, 1987, was a Complaint of Mary Boyle against the Debtor/Defendant, Roy A. Maxted Sr. and co-defendants Ben Sautter, Dottie Jette, John C. Hansen and Marcel Turcotte. The gravaman of the Complaint alleges that Roy A. Maxted, Sr. and the co-defendants fraudulently transferred property of the Debtor among the Defendants to hinder or delay Mary Boyle's ability to execute on a judgment. In October of 1986, Maxt......read more.


Summary: 104 B.R. 333 (1989) In re BIG SKY TRANSPORTATION CO., a Montana corporation, d/b/a Big Sky Airlines, Northwest Airlink and Big Sky Transco, Debtor. Thus, the union contends Big Sky can successfully emerge from reorganization without wage concessions if its revenues are brought into line with present operating costs. The union's consultant offered no concrete suggestions on how Big Sky would increase its passenger travel and revenues. Rather, Big Sky's proposal cuts all employees either 10% if th......read more.


Summary: 242 B.R. 707 (2000) In re Kevin T. CAVANAGH, Tina M. Evje-Cavanagh, Debtors. Debtor Kevin T. Cavanagh ("Kevin") testified. At issue is whether the Debtors' $234 monthly charitable contributions to the Mormon Church is "disposable income" not reasonably necessary for the maintenance and support of the Debtors under § 1325(b)(2)(A). FACTS Kevin and his spouse/co-Debtor Tina M. Evje-Cavanagh ("Tina") are married and have one child, a one-year old daughter who was born premature. The Trustee filed a......read more.


Summary: 164 B.R. 644 (1994) In re Margueritte L. MILLER, Debtor. In this Chapter 11 case, the Debtor-In-Possession (DIP) has filed an objection to the proof of secured claim filed by First Interstate Bank of Commerce (Bank) in the sum of $69,578.17, plus post-petition interest, costs and attorneys' fees. The objection filed pursuant to F.R.B.P. Rule 3007 denies any obligation whatsoever, and in the alternative, states the Debtor is entitled to an offset for damages, including attorney fees, which Debtor......read more.


Summary: 111 B.R. 325 (1990) In re Clarence MARSHALL, III, and Teresa Marshall, p/k/a Teresa Gonzalez, Debtors. After due notice, hearing was held January 16, 1990, on confirmation of the Debtors' Fourth Modified Chapter 13 Plan, together with the objections of National First Mortgage Corporation (NFMC), and the Chapter 13 Trustee. However, based on the Debtors' Chapter 13 Statement, which the Debtors have submitted to support the feasibility of their Plan, the Debtors will have an average of $1,380.62 p......read more.


Summary: 410 B.R. 642 (2008) In re Michael BYRN, and Patricia Byrn, Debtors. The Chapter 13 Trustee filed objections to confirmation based on Debtors' failure to satisfy the "disposable income" requirement of 11 U.S.C. § 1325(b)(1)(B), and that Debtors are not entitled to deduct $200 for motor vehicle ownership/lease expense on their Form B22C, Line 29, under In re Deadmond, 2008 WL 191165 (D.Mont.2008). The Debtor Michael Byrn ("Michael") appeared and testified, represented by attorney Gary S. Deschenes......read more.


Summary: 203 B.R. 730 (1997) In re Marty John HOPPEL and Tracy Lynn Hoppel, Debtors. LAUREL FEDERAL CREDIT UNION, Plaintiff, v. Marty John HOPPEL and Tracy Lynn Hoppel, Defendants. Debtor Marty Hoppel testified as did Larry Hagen, President of LFCU, and Exhibits 1, B and C were admitted into evidence. In response to LFCU's motion to lift stay, Debtor Marty Hoppel sent a letter to LFCU stating that he had disposed of the body of the Camaro in order to obtain an updated chassis, but that "the motor, transm......read more.


Summary: 217 B.R. 864 (1998) In re VALLEY PARK, INC., Debtor. In this Chapter 11 bankruptcy case the Unsecured Creditors' Committee ("UCC") filed a motion for authority to avoid transfers based upon 11 U.S.C. § 1103(c)(5)[1] on January 23, 1998. The Debtor-in-Possession ("DIP") filed a consent to the UCC's motion, after first filing a response in opposition on February 27, 1998, and was represented at the hearing. I. CONTENTIONS OF THE PARTIES The UCC's motion seeks authority to commence proceedings to a......read more.


Summary: 378 B.R. 862 (2007) In re Jeffery Paul WILSON and Shoni Lee Card, Debtors. After due notice the Court held a hearing on confirmation of Debtors' Chapter 12 Plan in the above-captioned jointly administered cases, after due notice, at Missoula on August 30, 2007, along with a hearing on the motion for adequate protection (Docket No. 279) filed by secured creditor Paul E. Harper Revocable Trust ("Harper Trust"), which also filed objections to confirmation. Debtors filed a Sixth Amended Chapter 12 P......read more.


Summary: 69 B.R. 577 (1987) In re VZ RANCH, INC., Debtor. The Debtor is engaged principally in a farm operation on property it is purchasing from Swopes in Custer County, Montana, and is also the contract seller or owner of eight other parcels of ranch properties in Montana. Indeed, the Debtor's president testified the property is not needed to make the Debtor's Plan effective, and thus the motion for relief from stay on this parcel must be granted to allow FLB to foreclose its interest under the mortgag......read more.


Summary: 104 B.R. 338 (1989) In re Larry COLEMAN, Anita Coleman, Wesley W. Coleman and Vivian Coleman, d/b/a Coleman Ranch, Debtors. Larry COLEMAN, Anita Coleman, Wesley W. Coleman and Vivian Coleman, d/b/a Coleman Ranch, Plaintiffs, v. FARM CREDIT BANK OF SPOKANE, and Charles and Delores Bick, Defendants. Charles and Delores BICK, Cross-claimants and Counterclaimants, v. FARM CREDIT BANK OF SPOKANE, Larry Coleman, Anita Coleman, Wesley W. Coleman and Vivian Coleman, d/b/a Coleman Ranch, Cross Defendants......read more.


Summary: 83 B.R. 39 (1987) In re John E. FOWLER d/b/a Wyola Creek Ranch, Debtor. In this Chapter 12 case, hearing on the Debtor's Third Amended Plan was held on June 30, 1987, together with objections filed by Federal Land Bank of Spokane (FLB), Joyce M. Fowler (Fowler) and Interstate Production Credit Association (PCA). At a prior hearing, the Court determined that the value of the Debtor's land and improvements was $125,595.00, and it is on the basis of that valuation that the Debtor seeks to restructu......read more.


Summary: 66 B.R. 921 (1986) In re Larry L. MARTIN, Niki W. Martin, Heart L Ranch Company, Debtors. *922 *923 John W. Larson, Helena, Mont., for debtors. In this Chapter 11 proceeding, hearing on the Debtors' proposed Second Amended Plan of Reorganization was held on September 15, 1986, after 25 days' notice to all creditors and parties in interest. Heart L Ranch Company is a corporation controlled by Larry and Nikki Martin. The ranch lands are classified as follows: Sprinkler irrigated cropland - ......read more.




Summary: 456 B.R. 478 (2011) In re Jody Clyde JACKSON and Eileen Frances Jackson, Debtors. v. Jody Clyde Jackson and Eileen Frances Jackson, Defendants. May 10, 2011. In this adversary proceeding Plaintiff United States of America, Farm Service Agency ("FSA") objects to the Debtors/Defendants' discharge pursuant to 11 U.S.C. § 727(a)(5)[1] for failure to explain satisfactorily loss or deficiency of assets, and seeks exception from discharge of a total of $75,300.00 from Debtors' discharge under 11 U.S.C.......read more.


Summary: 257 B.R. 556 (2000) In re Mary Elaine FARMER, Debtor. In this Chapter 13 bankruptcy, after due notice, a final hearing was held on October 26, 2000, at Missoula on the "Motion to Modify Stay" filed on September 1, 2000, by First Citizen's Bank/Polson ("FCB") and Debtor's "Response to Motion to Modify Stay" filed September 12, 2000, and Debtor's "Amended Response to Motion to Modify Stay" filed September 13, 2000. At the hearing on October 26, 2000, the Court, after due notice, further heard test......read more.


Summary: 61 B.R. 426 (1986) In re William H. WALTERS, Linda K. Walters, Debtors. William H. WALTERS and Linda Walters, Plaintiffs, v. M & H RENTALS, INC., an Idaho corporation, a/k/a Excell Corporation, Defendant. M & H Rentals secured a default judgment against Mr. Walters on June 8, 1981, in the amount of $29,690.30. At the time the judgment was docketed in Malheur County, the First Interstate Bank of Oregon, Ontario Branch, Ontario, Oregon (within Malheur County) held, as escrow agent, a contract for ......read more.