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IN RE RICKS

Bankruptcy No. 09-00215-JDP. Adversary No. 09-6067.

433 B.R. 806 (2010)

In re Thomas Mecham RICKS, Debtor. Jeremy J. Gugino, Chapter 7 Trustee, Plaintiff/Counterdefendant, v. Kastera, LLC, an Idaho Limited Liability Company, Defendant/Counterclaimant.

United States Bankruptcy Court, D. Idaho.

July 27, 2010.

Attorney(s) appearing for the Case

Jeremy J. Gugino, Chapter 7 Trustee, Plaintiff, appearing Pro Se.

Thomas G. Walker, Cosho Humphrey, Boise, ID, for Chapter 7 Debtor Thomas Mecham Ricks.1

Jed W. Manwaring, Evans Keane, and Thomas C. Morris, Belnap Law, Boise, ID, for Defendant Kastera.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

I.

Introduction

In this contest, two would-be real estate developers disagree concerning the terms and enforceability of their unsuccessful business agreements, and about the consequences that should flow from their alleged respective failures to perform their contractual obligations.

On January 29, 2009, Thomas Mecham Ricks ("Ricks") filed a chapter 11 petition to reorganize...

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