Bankruptcy Court for the District of Colorado Court Cases

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  1. In Re Williams (2008)

    In each of these cases, the standing Chapter 13 trustee (the "Trustee") objects to plan confirmation on the grounds that the proposed plans fail to use the proper methodology under BAPCPA[1] to calculate the debtor's projected disposable income and/or the plans fail to provide for payment of all of the debtor's disposable income over the applicable commitment period-five years in these cases. This opinion examines the new amendments to 11 U.S.C. § 1325(b) and in this context addresses: (1) how [...]

    Court: Bankruptcy Court for the District of Colorado Docket: 07-19962 EEB, 07-22823 EEB, 07-23295 EEB
  2. In Re Holcomb (1985)

    The matter before the Court is the objection by the First National Bank of Holyoke (Bank) to the debtors' amended list of exempt property. In particular, the Bank objects to items 6, 7 and 8 on the amended list. The debtors, Burnell and Wauneta Holcomb, both claim exemptions for the value of $3,000 in livestock and poultry pursuant to Section 13-54-102(1)(g), C.R.S., $2,000 in machinery and implements pursuant to Section 13-54-102(1)(g), C.R.S., and $1,500 in machines, tools and equipment [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 85 B 00199 C
  3. In Re Dunston (1990)

    THIS MATTER comes before the Court on the Adversary Complaint of Plaintiff Joy Evans ("Evans" or "Plaintiff" herein), filed against the Defendant/Debtor Ronald Lee Dunston ("Dunston" or "Defendant" herein), seeking to have her claim as a creditor excepted from discharge pursuant to Section 523(a)(2) of the Bankruptcy Code.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 88-B-09871-E, Adv. No. 88-A-1069
  4. In Re Tinkler (2004)

    This case comes before the Court on Plaintiffs Amended Complaint for Determination that Debt is not Dischargeable [the "Amended Complaint"]. The matter was tried to the Court on March 29, 2004 and March 30, 2004. The Court has reviewed the evidence adduced at trial and has considered the arguments of the parties. It is now ready to rule.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 03-10189 DEC. Adversary No. 3-1304 HRT
  5. In Re Waterman (2011)

    MEMORANDUM OPINION AND ORDER (1) DENYING, AS MOOT, CONFIRMATION OF DEBTOR'S AMENDED CHAPTER 13 PLAN OF REORGANIZATION, FILED ON DECEMBER 28, 2010 (DOCKET #34); (2) GRANTING DEBTOR'S MOTION TO DETERMINE SECURED STATUS PURSUANT TO 11 U.S.C. § 506 (DOCKET #22); (3) OVERRULING STANDING CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF DEBTOR'S CHAPTER 13 PLAN (DOCKET #46); AND (4) CONFIRMING DEBTOR'S AMENDED CHAPTER 13 PLAN OF REORGANIZATION, FILED ON JANUARY 31, 2011 (DOCKET #48)


    Court: Bankruptcy Court for the District of Colorado Docket: 10-35794-SBB
  6. In Re Wood Family Interests, Ltd. (1989)

    THIS MATTER, came before this Court at the hearing on confirmation of Debtor's Amended Plan of Reorganization. The Court, having reviewed the Disclosure Statement and the Plan, the Brief, the Objection to confirmation filed by Debtor's principal secured creditor, Sun Savings and Loan Association ("Sun Savings"), and having heard the evidence and the statements of counsel, and being otherwise fully advised in the premises, hereby enters the following findings of fact, conclusions of law, and [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 87-B-12731-M
  7. In Re Marin (2000)

    This matter comes before the Court on the motion of the United States Trustee to examine the fees paid to R.J. Schubert, Esq. ("Schubert") for his services as counsel to the Debtors in this failed, and dismissed, Chapter 13 case. The matter is presented pursuant to section 329 of the Code. In response to the Trustee's motion, this Court set a status and scheduling conference at which time the Court entered its order requiring Schubert to file an appropriate fee disclosure and fee application, [...]

    Court: Bankruptcy Court for the District of Colorado Docket: 99-20911 CEM
  8. In Re Gagliardi (2003)

    THIS MATTER came before the Court on the Debtor Charles S. Gagliardi's September 26, 2002 letter, alleging violations of the automatic stay by his mortgage holder, LaSalle Bank National Association ("LaSalle"), the loan servicer, EMC Mortgage Corporation ("EMC"), and their attorneys, Dan E. Miller ("Miller") and Downey, Miller & Hopp, LLC ("Downey Firm") (collectively, the "Respondents"). Following an evidentiary hearing on this matter, the Court finds that the Respondents' action in [...]

    Court: Bankruptcy Court for the District of Colorado Docket: 02-17985 EEB
  9. In Re Skvorecz (2007)

    The United States Trustee ("UST") filed a Motion to Dismiss Chapter 7 case under 11 U.S.C. § 707(b)(1) and (2) ("Motion"). The UST filed his Motion arguing that: (1) calculations in Debtor's Form B22A, (Statement of Current Monthly Income and Means Test Calculation For Use In Chapter 7 Only) ("Form B22A") raise the presumption of abuse created by section 707(b)(2); (2) Debtor has not rebutted that presumption by showing any "special circumstances;" and (3) accordingly, this case should be [...]

    Court: Bankruptcy Court for the District of Colorado Docket: 06-12278 ABC
  10. In Re NBI, Inc. (1991)

    THIS MATTER COMES before the Court on two motions filed by NBI, Inc. ("NBI"), seeking Court authorization to employ counsel to represent NBI in their Chapter 11 case, filed on February 6, 1991.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 91-11517 DEC
  11. In Re Integra Realty Resources, Inc. (1996)

    The matter before the Court is the preliminary dispositive motion filed by Fidelity Capital Appreciation Fund (Fund), the response thereto filed by Jeffrey A. Weinman (Trustee), as Trustee for the Integra Unsecured Creditors' Trust (Trust), and the Fund's reply to the response. The Fund requests a determination on three dispositive issues: whether the settlement payment defense of 11 U.S.C. § 546(e) applies; which state's statute of limitations applies on the fraudulent conveyance claim; and [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy Nos. 92 18853 DEC, 92-18854-PAC and 92-18855-CEM. Adv. No. 94-1370 PAC
  12. In Re Hollstrom (1991)

    THIS MATTER comes before the Court sua sponte. The issue presented to the Court is whether the secured creditor is entitled to a thirty-six percent (36%) default rate of interest on its oversecured claim pursuant to 11 U.S.C. § 506(b).[1] The Court, after hearing and having reviewed the file and being advised in the premises, makes the following findings of fact, conclusions of law, and order denying the creditor's claim for default rate interest charges.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 90-B-06810-A
  13. In Re Martin (1996)

    THIS MATTER comes before the Court on the United States Trustee's Application for an Examination of Attorney's Fees and Fee Agreement pursuant to 11 U.S.C. § 329 and Fed.R.Bankr.P. 2017 (§ 329 Motion) and the Response of Debtor's former counsel, Sharon W. Grossenbach. This matter was set for evidentiary hearing on March 28, 1996. Appearing on behalf of Sharon W. Grossenbach was Mark E. Henze. Appearing on behalf of the U.S. Trustee was Joanne Speirs. Having reviewed the Motion, briefs filed [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 95-23080 MSK
  14. In Re Ernst & Young, Inc. (2008)

    THIS MATTER comes before the Court on the Petition of Ernst & Young, Inc. for Recognition of Foreign Main Proceeding Pursuant to Sections 1515 and 1517 of the Bankruptcy Code (the "Petition"), and the Responses thereto filed by the Securities Commissioner for the State of Colorado (the "Commissioner") and certain parties to United States District Court for the District of Colorado Civil Action No. 07-CV-1318-WDM-BNB (the "Severino Plaintiffs"). The Court has considered the evidence and [...]

    Court: Bankruptcy Court for the District of Colorado Docket: 07-22719 MER
  15. In Re Thrall (1996)

    THIS MATTER comes before the Court on the Motion of First Omni Bank, N.A. (Bank) for Clarification or to Alter or Amend Judgment (Motion). Appearing for oral argument on May 14, 1996 was Paul G. Urtz of Stutz & Miller on behalf of First Omni Bank, N.A. In the Motion, the Bank seeks clarification or modification of the Order on Motion for Default Judgment and Judgment (collectively referred to as Judgment) entered in this matter. Having reviewed the Motion, the Bank's brief, and considered [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 95-19131 DEC. Adversary No. 95-1727 MSK
  16. In Re Specialized Installers, Inc. (1981)

    Plaintiff, Climax Molybdenum Company (Climax), has filed a complaint against the Debtor and others seeking to recover $61,628.03 alleged to be held in trust by the Defendants. The facts are largely undisputed.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 81 K 0391
  17. In Re Amdura Corp. (1990)

    This matter is before the Court sua sponte. The Court convened a hearing to consider whether the orders previously entered by the Court pursuant to the provisions of 11 U.S.C. § 327 appointing the law firms of Winston & Strawn ("W & S") and Fairfield and Woods ("F & W") as counsel for the Debtors-in-possession in these jointly administered proceedings should be withdrawn.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy Nos. 90 B 03811 E through 90 B 03816 E
  18. In Re Balducci Oil Co., Inc. (1983)

    THIS MATTER comes before the Court on the Trustee's Motion for Summary Judgment filed by Richard Eckles, Chapter 7 Trustee for the Debtor, Balducci Oil Company, Inc. (hereinafter "Balducci"). Balducci filed for protection under the Bankruptcy Code, 11 U.S.C. § 101 et seq. on March 31, 1982. The Trustee for Balducci has initiated a myriad of avoidance actions in which he seeks to recover substantial sums for equitable distribution to allowed unsecured claimants. This adversary proceeding arises [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 82 B 1319 C, Adv. No. 83 G 0509
  19. In Re Mata (1990)

    This bankruptcy case was filed on November 1, 1989. At the time that the case was filed the Debtors had on deposit in their Individual Retirement Account ("IRA") the sum of $1,402.68. These funds had been deposited in the IRA shortly before the filing of bankruptcy as a result of a "rollover" from a pension plan that had been terminated. The Debtors claim that these funds are exempt from inclusion in their bankruptcy estate pursuant to the provisions of 11 U.S.C. § 522(b)(2)(A) and C.R.S. § [...]

    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 89 B 14792 E
  20. In Re Brent Explorations, Inc. (1983)

    Brent Explorations, Inc., (Brent) the debtor-in-possession, brought suit to avoid a lien in favor of Karst Enterprises, Inc., (Karst) under the "strong arm clause" of 11 U.S.C. § 544(a) and to recover certain payments to Karst as preferential under 11 U.S.C. § 547.


    Court: Bankruptcy Court for the District of Colorado Docket: Bankruptcy No. 82 B 05215 J, Adv. No. 82 C 0050

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