Bankruptcy Court for the District of North Dakota Court Cases

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  1. In Re McLaren (1999)

    This matter arises by Complaint filed on November 16, 1998, by Kip M. Kaler, the Chapter 7 Trustee ("Trustee"), against Debtor-Defendant Penny Lee McLaren ("Mrs. McLaren") and her husband, Defendant Kirby D. McLaren ("Mr. McLaren"), alleging, inter alia, that Mrs. McLaren made false statements and oaths in documents filed with this Court in connection with her bankruptcy case, and, further, that the bulk of Mrs. McLaren's claim of homestead exemption is in consequence of a fraudulent conveyance [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 98-31426. Adversary No. 98-7079
  2. In Re Craig (1996)

    The Trustee, Kip M. Kaler, commenced the above-captioned adversary proceeding by Complaint filed October 2, 1995, asking that the Debtor, James M. Craig, be denied a discharge pursuant to 11 U.S.C. § 727(a)(2) and (a)(4). The Trustee's multi-count Complaint alleges instances of pre- and post-filing asset concealment as well as omissions and misstatements on the bankruptcy schedules and statement of affairs. The Debtor generally denies any intentional concealment or omissions, suggesting that [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 95-30415. Adv. No. 95-7066
  3. In Re Lembke (1988)

    This matter is before the court on motion of the movant, Valentine Fettig (Fettig), for relief from the injunctive effect of 11 U.S.C. § 524 in order that he might continue with a state court personal injury action in which the Debtor, Dennis Lembke (Debtor), is a co-defendant but who, along with his wife and co-debtor, has been granted a discharge in bankruptcy. The motion is resisted by the Debtors.


    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 87-05931
  4. In Re Schriock Const., Inc. (1994)

    The matter before the court is a motion filed by the official unsecured creditors' committee on January 10, 1994, for an order converting the case from a Chapter 11 reorganization to a Chapter 7 liquidation pursuant to 11 U.S.C. § 1112(b) and the appointment of an interim trustee. The motion to convert was joined by First Western Bank & Trust of Minot, Butler Machinery Co., the North Dakota Workers' Compensation Bureau, Westlie Motors, and the Internal Revenue Service. The Internal Revenue [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 93-30366
  5. In Re Berndt (1991)

    This matter is before the court on its own Order to Show Cause issued sua sponte on March 18, 1991, directing the Debtor to appear and show cause why his Chapter 7 Petition should not be dismissed pursuant to the substantial abuse provision of section 707(b) of the Bankruptcy Code. In addition to appearing and testifying at a hearing held on April 23, 1991, the Debtor also responded by Affidavit.


    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 91-05233
  6. In Re Hofmann (1992)

    The instant adversary proceeding arises out of a complaint filed on March 16, 1992, by Harlan and Mary Werner (Werners) claiming that the Debtors, Willis and Bonnie Hofmann (Hofmanns) embezzled or converted livestock entrusted to their care. Recovery is premised upon sections 523(a)(4) and (a)(6). Previously, the Werners sued the Hofmanns in North Dakota State Court on the basis of fraud, conversion and breach of contract. That case focused on the temporary placement by the Werners of a number [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 91-36177, Adv. No. 92-7030
  7. In Re Foertsch (1994)

    The matter before the court is confirmation of the Debtors' First "Amended" Plan of Reorganization (Plan) under Chapter 12 of the United States Bankruptcy Code. The Debtors, Wayne and Pamela Foertsch, filed their modified plan of reorganization on November 18, 1993. The standing Chapter 12 Trustee (Trustee) and Lincoln State Bank (Bank), the Debtors' principal secured creditor, filed objections to confirmation of the Plan. Both the Trustee and the Bank generally challenged the Plan's [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 93-30461
  8. In Re Anchorage Marina, Inc. (1988)

    The matter before the court is an adversary proceeding by which the trustee seeks to recover payments made by the Debtor, Anchorage Marina, Inc. (Anchorage), to the defendants. The trustee asserts that the payments constituted fraudulent and preferential transfers. Defendants Robert B. Hart and Arnold Ketterling were Anchorage shareholders and directors. Defendant Hart Agency, Inc. was Hart's employer at the time of the transfers. The trustee also seeks turnover of Anchorage accounts receivable [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 86-06102, Adv. No. 87-7095
  9. In Re Wehri (1997)

    This matter is before the court on the Complaint of Security Bank of Hebron (Bank) seeking a determination that the unpaid balance of a 1995 consolidated term loan is nondischargeable under 11 U.S.C. §§ 523(a)(2)(A) and (a)(2)(B). The Bank also alleges that the Debtors converted property pledged as collateral for the loan and seeks a determination of nondischargeability premised upon 11 U.S.C. § 523(a)(6). The Debtors generally deny the allegations. Trial was held before the undersigned on [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 96-31644, Adversary No. 978-7016
  10. In Re Straub (1996)

    The plaintiff commenced the above-captioned adversary proceeding by Complaint filed August 25, 1995, seeking to have an obligation stemming from a monetary judgment entered by a state court in connection with the parties' divorce declared nondischargeable pursuant to §§ 523(a)(4), (a)(6), and (a)(15) of the Bankruptcy Code. Additionally, she asks that the debtor be denied a discharge generally pursuant to § 727(a)(5). Trial was held before the undersigned on February 6, 1996.[1]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 95-30506. Adv. No. 95-7057
  11. In Re Feist (1998)

    This adversary proceeding was commenced by Plaintiff Freida Ehrman ("Ehrman") by Complaint filed on May 1, 1998, and Amended Complaint filed on May 7, 1998, requesting that Debtor-defendant Bruce Feist ("Feist") be denied a discharge of debts, purportedly owed to Ehrman, pursuant to 11 U.S.C. § 523. This matter concerns a long-standing dispute between the parties which has already been the subject of decisions from a North Dakota state district court, as well as, on appeal, the North Dakota [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 98-30124, Adversary No. 98-7021
  12. In Re Zaleski (1997)

    This case is before the court to consider confirmation of the Debtor's First Amended Chapter 13 Plan filed November 10, 1997, against which numerous objections have been lodged by five of the Debtor's principal unsecured creditors.[1] All charge that the plan has not been proposed in good faith in that a considerable amount of recently acquired debt was based on the Debtor's fraudulent actions and further, that the Debtor has artificially restricted his disposable income by inflating his [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 97-31369
  13. In Re Waswick (1997)

    By Motion filed June 12, 1997, co-Defendant, Clifton Rodenburg (Rodenburg), seeks summary judgment in his favor dismissing the Plaintiff's Complaint against him. The Motion is resisted by the Plaintiff, Gary Glenn Waswick (Waswick), who on July 16, 1997, in connection with his reply to the Rodenburg motion, filed a cross-motion for summary judgment.


    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 96-30595, Adversary No. 97-7031
  14. In Re Claeys (1987)

    This matter is before the court on requests for section 506 valuations by secured creditors, Aetna Life Insurance Company (Aetna), holder of a mortgage in real property, and the First National Bank of Oakes (Bank), holder of a security interest in farm machinery and livestock. Also under consideration is the appropriate discount rate to be accorded Aetna pursuant to section 1225(a)(5)(B)(ii). A valuation hearing was held on August 18, 1987, in conjunction with a hearing on confirmation of the [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 87-05434
  15. In Re Magnuson (1989)

    The matter before the court is an adversary proceeding filed by the trustee on December 21, 1988. By his complaint the trustee seeks to have the Debtors' discharge revoked and to have undisclosed assets turned over to the bankruptcy estate. The matter came on for trial on May 2, 1989. From the exhibits and testimony introduced at the trial, and from the petition and schedules filed in the Debtors' Chapter 7 case, the court finds the facts in this matter to be as follows:


    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 88-05407, Adv. No. 88-7140
  16. In Re Roehrich (1994)

    The plaintiff-creditors, Charles Erickson, Karen Erickson, Clay Erickson, and Krisha Erickson (Ericksons), commenced the above-entitled adversary proceeding by Complaint filed on March 3, 1994, seeking a determination that any actual and exemplary damages which ultimately flow from a pending state court action be declared nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The plaintiffs allege that their contingent claim, which arose from the defendant's prepetition theft of four horses, [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 93-31084. Adv. No. 94-7014
  17. In Re Olmstead (1998)

    The Chapter 7 Trustee, Kip M. Kaler ("Trustee"), commenced the above-captioned adversary proceeding by complaint filed on October 1, 1997, seeking to revoke the discharge of the debtor, Pamela A. Olmstead ("Pamela"), pursuant to 11 U.S.C. § 727(d)(1). The Trustee additionally seeks the recovery of property consisting of at least $700.00 cash, as well as the balance as of the filing date of funds held in one of Pamela's checking accounts. The debtor, appearing pro se in this matter, generally [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 97-31071, Adversary No. 96-7065
  18. In Re Bob's Sea Ray Boats, Inc. (1992)

    This matter comes before the court on the trustee's objection to the claim of Henry A. Albers (Albers). On February 5, 1992, Albers filed his proof of claim in the sum of $265,722.32 stemming from the Debtor's breach of a commercial real estate lease, the breach of a related consulting agreement and repair damages occasioned by the destruction or removal of certain items of property.


    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 90-05821
  19. In Re Olson (1993)

    Before the court is a Motion for Summary Judgment filed on January 28, 1993, by the defendant, United States of America, acting through the Internal Revenue Service (IRS) arising from the Complaint filed by the Plaintiff/Debtor, Robert O. Olson on February 18, 1992. In the Complaint, the Debtor asks the court to determine (1) the dischargeability of certain claims of the IRS stemming from unpaid federal income taxes; (2) whether the IRS' federal tax liens securing the tax liabilities may be [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 91-05291, Adv. No. 92-7020
  20. In Re Schauer (2000)

    Before the Court is the chapter 7 Trustee's motion for turnover filed on December 8, 1999. Kip M. Kaler, the chapter 7 trustee in this case, seeks turnover of the Debtor's interests in a spendthrift trust created by the Debtor's father, Edmund A. Schauer. Specifically, Kaler seeks turnover of all post-petition trust distributions received by the Debtor as well as the Debtor's right to receive a share of the trust corpus upon his mother's death. Kaler asserts that the foregoing interests are not [...]

    Court: Bankruptcy Court for the District of North Dakota Docket: Bankruptcy No. 99-31062

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