Bankruptcy Court for the District of Alaska Court Cases
In Re Tapp (1981)Plaintiff-Debtor Lois Tapp, as an individual, filed a voluntary petition in bankruptcy on December 5, 1980. Her statement of liabilities listed the Fairbanks North Star Borough (Borough) as holding a claim for approximately $40,000, for retail sales taxes. That claim, upon which the Borough had received judgment in the Alaska Superior Court, concerned sales tax liabilities arising from a business which was formerly operated by Lois Tapp and/or her husband as an unincorporated entity and which [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 4-81-0001
In Re Bonham (1998)
Brad E. Ambarian, Lane, Powell, Spears, Lubersky, Anchorage, AK, Grant E. Courtney, Lane, Powell, Spears, Lubersky, Seattle, WA, Ronald Goss, Shulkin Hutton, Inc., Seattle, WA, for Various Defendants.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. F95-00897-HAR
In Re Bergt (1999)
1. INTRODUCTION Debtors want to sell several lots, acquired prepetition subject to a right of first refusal (RFR) in favor of adjoining lot owners. They moved to reject the RFR as an executory contract, and impliedly avoid the RFR.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy Nos. A95-00334-HAR, A95-00820-HAR, A96-00344-HAR, A96-00345-HAR, A96-00346-HAR
Silver King River Runners (Silver King) has filed an application asking the Court to order disbursement of a deposit paid to Chugiak Boat Works, Inc., (Chugiak), while the latter was operating as a debtor in possession pursuant to Chapter 11 of the Bankruptcy Reform Act of 1978 (Code), 11 U.S.C. § 101 et seq. Chugiak has subsequently converted the case to one under Chapter 7 of the Code. Silver King argues that its claim has priority as an administrative expense pursuant to § 507(a)(1) of the [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 3-80-00386
In Re Alsop (1981)This matter, an adversary proceeding filed in connection with a Chapter 11 reorganization proceeding pending before this Court, is now before the Court on Defendants' motion for summary judgment as to all issues, pursuant to Bankruptcy Rule 756. Plaintiffs, debtors in possession in the Chapter 11 proceeding, have requested this Court to set aside a non-judicial sale of real property under a deed of trust which named The First National Bank of Anchorage as beneficiary. Plaintiffs' amended [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 3-80-0081
In Re Schmitz (1998)
1. INTRODUCTION-George Schmitz filed a chapter 7 bankruptcy in April 1992. He had fished for sablefish in 1988 through 1990. This qualified him for fishing rights pursuant to regulations of the National Marine Fisheries Services adopted in November 1992, after a lengthy administrative review.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy Nos. A92-00274-HAR, 97-3211, 97-3008, Adversary No. A92-00274-004-HAR, A92-00274-003-HAR
This matter is before the Court on the first and second interim applications for fees and expenses filed by Rice, Hoppner, Brown & Brunner ("Rice, Hoppner"), attorneys for the debtor-in-possession. The first interim application was objected to by an unsecured creditor, Willner's Fuel Distributors, Inc. ("Willner") on the basis that the hourly rates being charged by Rice, Hoppner are unreasonable and that Rice, Hoppner is entitled to pre-petition fees only for preparing and filing the [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 3-83-00054
In Re Spenard Ventures, Inc. (1982)This matter is before the Court on the motion of secured creditors Ted W. Jackson and Paula M. Jackson (Jacksons) for dismissal of the Chapter 11 petition of Debtor Spenard Ventures, Inc. (Spenard). Jacksons claim that Spenard was created and the subject property transferred to it for the sole purpose of filing a Chapter 11 petition and obtaining a stay of foreclosure on the property, and thus the petition was filed in bad faith and should be dismissed pursuant to §§ 1112(b) and 305(a)(1) of [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 3-81-00311
In Re Sea Catch, Inc. (1983)Debtor's counsel, Brian R. Shute and Frances J. Nosek, ("claimants") successfully defended an Alaska Superior Court action brought against the debtor, obtaining a judgment awarding attorney's fees. The judgment was entered on August 18, 1979, and was appealed to the Alaska Supreme Court which dismissed the appeal on the motion of the appellant on June 2, 1982. The debtor filed a Chapter 11 petition under the Code on February 20, 1980, which was converted to a Chapter 7 proceeding on October 1, [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. 3-80-00067
In Re Vesper (2007)
The United States Trustee has filed a motion to dismiss this case on the grounds that granting relief to the debtor would be an abuse of the provisions of chapter 7. The debtor has opposed the motion. The motion to dismiss is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (O). This court has jurisdiction pursuant to 28 U.S.C. § 1334(b) and the district court's order of reference. I find for the debtor.
Court: Bankruptcy Court for the District of Alaska Docket: F06-00565-DMD
In Re Bonham (1998)
A hearing was held on May 21, 1998, regarding the summary judgment motion filed by the trustee seeking to deny the discharge of RaeJean Bonham. (Docket Entry 20, filed January 28, 1998). At the hearing, I orally granted summary judgment to the trustee denying RaeJean Bonham's discharge.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy Nos. F95-00897-HAR, 96-4045, Adversary No. 95-00897-005-HAR
In Re Hewitt (1982)Before the Court for decision is a complaint for relief from the automatic stay of § 362 of the Bankruptcy Reform Act of 1978 (Code), 11 U.S.C. § 362, filed by Ketchikan Lodge No. 1429, Benevolent and Protective Order of Elks (Elks), and seeking leave to continue foreclosure proceedings in Alaska state court concerning the place of business of Chapter 11 Debtors Stanley and Eleanor Hewitt (Hewitts). The Elks received a judgment of foreclosure, pursuant to a deed of trust acceleration clause, [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy Nos. 5-81-0005, 5-81-0006
In Re Good Taste, Inc. (2004)
1. INTRODUCTIONThe trustee brought an avoidance action under § 544(b), in conjunction with the Alaska Fraudulent Conveyance Act, to recover a prepetition transfer from the debtor to Connie Bennett, debtor's sole shareholder. Bennett successfully defended and was awarded $14,364.40 in attorney fees and costs which were allowable under state law.
Court: Bankruptcy Court for the District of Alaska Docket: A00-00880-HAR
In Re Lien (1998)
1. INTRODUCTION Douglas Lien, a chapter 7 debtor, had prepetition Health Education Assistance Loan (HEAL) obligations. Within a year after his discharge, he married his long-time domestic partner, Carla Lien. Shortly after that, the Liens learned that a chronic medical problem which Carla suffered was more serious than they suspected. It resulted in substantial post-discharge medical expense, including the cost of pain medication which is critical to Carla's well-being.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. A95-00410-HAR, Adversary No. A95-00410-001-HAR, No. 97-3229
In Re Bonham (2000)
1. INTRODUCTION The debtors operated a business from 1984, by RaeJean Bonham first, and by all three later on, selling airline tickets procured by debtors using frequent flier miles purchased from brokers. Ticket revenues declined steadily from 1988 until an involuntary bankruptcy shut debtors down in December 1995. The business never generated a profit after 1988.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. F95-00897-HAR. Adversary No. F95-00897-168-HAR
In Re Martin (1989)
The United States Trustee moved to dismiss this chapter 7 case unless debtors agree to convert to chapter 13. The motion was filed under the "substantial abuse" provision in 11 U.S.C. § 707(b) which states:
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. A89-00258
In Re Wise (1990)1. PROCEDURE AND HOLDING Plaintiff, Alaska Teamster-Employer Pension Trust (Teamster Trust), moved for summary judgment to establish: (1) the nondischargeability of a claim for approximately $33,501.76 under 11 U.S.C. § 523(a)(4); and, (2) that the Teamster Trust's claim (or some portion of it) is entitled to priority as an aggregate of various consumer claims under 11 U.S.C. § 507(a)(6) (up to a maximum of $900.00 per tenant) arising from various apartment tenants' rights concerning their [...]
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. F89-00101-HAR, Adv. No. F-89-00101-003-HAR
In Re MarkAir, Inc. (1999)
1. INTRODUCTION GPA collected substantial monthly rental and maintenance reserve payments from MarkAir under existing leases for the use of jet aircraft within 90 days before MarkAir filed bankruptcy. GPA also obtained a security interest on most of MarkAir's unencumbered assets to secure payment of past and future rent, maintenance reserves, and the performance of maintenance obligations.
Court: Bankruptcy Court for the District of Alaska Docket: Bankruptcy No. A95-00236-HAR. Adversary No. A95-00236-013-HAR
In Re Shell (2003)Frank Shell is a disabled carpenter who lives in Wasilla. Several years ago, Shell suffered a severe head injury and incurred nearly $200,000.00 in medical bills. He continues to suffer tremors as a result of the injury and has been unable to return to work as a carpenter. His primary source of income has been from a six-plex he owns in Wasilla. He lives in one of the units, collects rents from the other units and maintains the premises. Occasionally he has found part-time work on the Anchorage [...]
Court: Bankruptcy Court for the District of Alaska Docket: A02-00751-DMD
In Re Pace (1991)
The case was tried and submitted on September 23, 1991. I have supplemented the record by taking judicial notice of the New Pines Corp. bankruptcy file, Case No. 3-86-00137-HAR, in accordance with Rule 201 of the Federal Rules of Evidence.
Court: Bankruptcy Court for the District of Alaska Docket: Adv. No. 3-86-00572-001-DMD