Bankruptcy Court for the District of Montana Court Cases

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  1. In Re Tranmer (2006)

    Pending in this Chapter 13 bankruptcy is confirmation of Debtors' Chapter 13 Plan and the Trustee's objections thereto based upon the "disposable income" test of 11 U.S.C. § 1325(b)(1)(B) and, by reference, 11 U.S.C. § 707(b)(2)(A)(ii). The Trustee objects that Debtors' transportation expenses exceed the Standards issued by the United States Internal Revenue Service ("IRS"), and that Debtors' monthly $15.00 in charitable contributions are not allowed under § 1325(b). After due notice a [...]

    Court: Bankruptcy Court for the District of Montana Docket: 06-60353-13
  2. In Re Kidd (1998)

    Debtor Robert W. Kidd ("Kidd") filed a voluntary Chapter 7 bankruptcy petition on August 6, 1997. On October 16, 1997, Plaintiff AVCO Financial Services of Billings ("AVCO") filed an adversary complaint against Kidd seeking to except from discharge, pursuant to 11 U.S.C. §§ 523(a)(2)(B) and 523(a)(6), the sum of $6,808.00. Kidd filed a timely answer to AVCO's complaint on October 20, 1997, denying each and every allegation contained in AVCO's Complaint and requesting judgment in his favor [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 97-42053-7, Adversary No. 97/00102
  3. In Re Tuss (2007)

    Pending in this Chapter 13 bankruptcy is confirmation of Debtor's Chapter 13 Plan and the Trustee's objections thereto based upon the "disposable income" test of 11 U.S.C. § 1325(b)(1)(B) and, by reference, 11 U.S.C. § 707(b)(2), The Trustee objects that. Debtor's food, clothing and personal care expenses exceed the local standards issued by the United States Internal Revenue Service ("IRS"), while the Debtor contends that the IRS standards are merely guidelines and not iron clad or binding, [...]

    Court: Bankruptcy Court for the District of Montana Docket: 06-60508-13
  4. In Re Lacounte (2005)

    In this Chapter 13 bankruptcy, after due notice, a hearing was held September 20, 2005, in Billings on confirmation of Debtors' Chapter 13 Plan filed June 22, 2005, and on the Trustee's Objection to the homestead exemption claimed by Debtors. The Chapter 13 Trustee, Robert G. Drummond, appeared at the hearing in support of his Objection. Debtors were represented at the hearing by their counsel of record, Terrance Toays. Both Earl Leonard Lacounte ("Lenny") and Janice Corrine Lacounte [...]

    Court: Bankruptcy Court for the District of Montana Docket: 05-61209-13
  5. In Re Shumaker (1991)

    In this Chapter 7 case, United Food and Commercial Workers Union (Union), an unsecured creditor, has filed timely objections to claims of exemption sought by the Debtor.[1] The matter has been submitted on stipulated facts and Briefs by the parties have been filed in support of their respective positions.


    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 90-41106-007
  6. In Re Naslund (2006)

    In this Chapter 13 bankruptcy, after due notice, a hearing was held August 1, 2006, in Butte on confirmation of Debtors' First Amended Chapter 13 Plan ("Plan") filed July 11, 2006. Attorney Richard A. Ramler, of Belgrade, Montana, appeared at the hearing on behalf of Debtors and in support of confirmation of Debtors' Plan. The Chapter 13 Trustee, Robert G. Drummond, of Great Falls, Montana, also appeared at the hearing, as did attorney Craig D. Martinson, of Billings, Montana, on behalf of [...]

    Court: Bankruptcy Court for the District of Montana Docket: 06-60428-13
  7. In Re Thomsen (1999)

    Plaintiffs/Debtors Raymond Edward Thomsen ("Raymond") and Kim Jonette Thomsen ("Kim"), pro se, commenced this adversary proceeding on December 17, 1998, seeking a determination that various educational loans owing by both Plaintiffs to the Defendant United States of America, Department of Education are dischargeable on grounds of undue hardship. After due notice, trial was held at Missoula on May 20, 1999, with both Plaintiffs appearing pro se and testifying, and Asst. U.S. Attorney Bill Mercer [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 98-33578-7, Adversary No. 98/00171
  8. In Re Pfeifer (2007)

    In this Chapter 7 bankruptcy, after due notice, a hearing was held December 12, 2006, in Billings on the United States Trustee's Motion to Dismiss filed July 24, 2006. The United States Trustee ("UST") was represented at the hearing by attorney Daniel P. McKay, of Great Falls, Montana, and Debtors were represented by their attorney of record, James A. Patten, of Billings, Montana. The Court heard testimony from Lawrence C. Rezentes and each of the Debtors. The UST's Exhibits 1 through 10 and [...]

    Court: Bankruptcy Court for the District of Montana Docket: 06-60144-7
  9. In Re Tessier (1995)

    Marc D. Stern, American Jewish Congress, New York City (Oliver S. Thomas, Special Counsel, National Council of Churches, Maryville, TN, J. Brent Walker, Baptist Joint Committee on Public Affairs, Washington, DC, Steven T. McFarland, Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, Richard Stone, Aaron Raskas, Union of Orthodox Jewish Congregations of America, New York City, Michael Farris, Home School Defense Association, Paeonian Springs, VA, Samuel Rabinove, [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 94-31615-13
  10. In Re Fulbright (2005)

    Plaintiff/Debtor William E. Fulbright ("Fulbright") commenced this adversary proceeding on February 20, 2004, seeking a determination that excepting student loan debt owing to the Defendant United States Department of Education ("DOE") from his discharge will impose an undue hardship on the Debtor and his dependents under 11 U.S.C. § 523(a)(8). DOE filed an answer admitting the Debtor is indebted to DOE for $88,651.94 in student loans, but denying that Fulbright's student loan debts are [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 03-62471-7, Adversary No. 04/00021
  11. In Re Towe (1992)

    William Edward Towe and Cora Florence Towe, husband and wife, filed a bankruptcy petition under chapter 7 on November 14, 1990. The I.R.S. previously had audited the debtors for the tax years 1969 through 1982 and had assessed federal income tax liabilities totalling $1,054,307.52. The I.R.S. also assessed penalties and lien fees for the same period totalling $264,517.63, and interest totalling $2,482,866.37.


    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 90-11695-JLP-7
  12. In Re Davis (1999)

    In this Chapter 13 bankruptcy case the Trustee objects to confirmation of the Debtors' Chapter 13 Plan on several grounds, including that the Debtors' Chapter 13 Plan fails to commit all of their disposable income as required by 11 U.S.C. § 1325(b)(1)(B) because their plan payments do not include mandatory retirement deductions from Debtor Charlton Leon Davis's ("Charlton") paycheck. After due notice, a hearing on confirmation of the Debtors' Chapter 13 Plan and the Trustee's objections was [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 99-11330-13
  13. In Re Welsh (2010)

    Confirmation of Debtors' Plan (Docket No. 2) is pending in this Chapter 13 case. The Chapter 13 Trustee Robert G. Drummond objects to confirmation on the grounds that the Plan is not proposed in good faith as required under 11 U.S.C. § 1325(a)(3) because Debtors proposed to continue making payments on several secured claims while making "minuscule" payment to general unsecured creditors[1]. The hearing on confirmation was held at Missoula on September 9, 2010. Debtors were represented by [...]

    Court: Bankruptcy Court for the District of Montana Docket: 10-61285-13
  14. In Re Wolcott (1996)

    In this Chapter 7 bankruptcy, Plaintiff Don Torgenrud, the Chapter 7 Panel Trustee filed on April 7, 1995, separate adversary proceedings against Debtor Ted Wolcott ("Wolcott"), and against Defendant Gail Benson ("Benson"). Adversary complaint 95/00030 against Wolcott seeks to deny Debtor's general discharge. Adversary complaint 95/00029 against Benson seeks to avoid preferential or fraudulent transfers of property and obtain turnover of bankruptcy estate property.


    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 94-31754-7. Adv. Nos. 95/00029, 95/00030
  15. In Re Hagel (1994)

    In this Chapter 13 case the Chapter 13 Trustee ("Trustee") has objected to confirmation of the Debtors' Chapter 13 Plan on the grounds it fails to satisfy the "disposable income" test of 11 U.S.C. § 1325(b)(1)(B) by failing to include $914 per month in exempt social security disability income when determining the amount of payments to be made under the Plan.[1] The Debtors respond that the objection must be overruled as a matter of law since the social security disability income is exempt and [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 94-10300-13
  16. In Re Hurley (2001)

    Plaintiffs/Debtors Jerry Aldean Hurley ("Jerry") and Phyllis Marie Hurley ("Phyllis"), commenced this adversary proceeding on June 22, 2000, seeking a determination that various educational loans owing by Plaintiffs to the Defendants are dischargeable on grounds of undue hardship under 11 U.S.C. § 523(a)(8). On October 13, 2000, after notice and a hearing and without opposition, the Court entered an Order and Judgment in Jerry's favor discharging all of his student loan debts listed in the [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 99-41267-7. Adversary No. 00/00048
  17. In Re Perkins (2000)

    In this Chapter 7 bankruptcy, after due notice, hearing was held January 6, 2000, at Billings on the Application to Pay Professional Fees and Costs filed by Joseph V. Womack, who is serving as both the Chapter 7 Trustee and counsel for the Trustee. Mr. Womack seeks an award of fees in the sum of $84.00 pursuant to 11 U.S.C. § 330.[1] In response to Mr. Womack's fee request, the U.S. Trustee, through counsel, filed, pursuant to 28 U.S.C. § 586(a)(3)(A), "Comments of U.S. Trustee on Application [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 98-12843-7
  18. In Re Ellingson (1999)

    In this adversary proceeding the Plaintiff Jan S. Ostrovsky, United States Trustee, seeks an injunction against the Defendant Connie L. Monroe ("Monroe"), permanently prohibiting Monroe from assisting any person with the preparation and filing of any document or pleading in this Court, and from engaging in the unauthorized practice of law. The Defendant filed an answer on October 1, 1998, which is not signed. After due notice, trial of this cause was begun at Missoula on November 19, 1998, and [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 98-51181-7, Adversary No. 98/00082
  19. In Re Lipetzky (1986)

    On May 28, 1986, the Debtor-in-possession in this Chapter 11 proceeding commenced an adversary action against the Montana Department of Revenue and Flathead County, Montana, seeking a determination of the claim due such taxing authorities for the years 1980 to 1985 inclusive. Flathead County filed its answer to the complaint and asserts an affirmative defense that this Court lacks jurisdiction to "set either the taxable values or the amount of delinquent taxes due for previous years". The [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 285-00260, Adv. No. 286/0033
  20. In Re Molen Drilling Co., Inc. (1987)

    This case was commenced September 30, 1986, by the filing of an Involuntary Chapter 7 petition by Norwest Bank Billings, N.A. (hereinafter "Bank"), based on Section 303(b)(2) of the Bankruptcy Code, 11 U.S.C. 303(b)(2), which alleges Debtor Molen Drilling Co., Inc. (hereinafter "Molen") had less than 12 holders of claims, one or more in the aggregate of at least $5,000.00, and was not generally paying its debts as they became due. Subsequently, the Bank filed a Motion For Appointment of a [...]

    Court: Bankruptcy Court for the District of Montana Docket: Bankruptcy No. 86-40573

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