Spoonheim v. Norwest Bank Montana, N.A.

Norwest appeals the order denying defendant’s motion for change of venue as issued by the Eighth Judicial District Court, Cascade County.

The issues on appeal are as follows:

1. Was the District Court correct in denying Norwest’s motion for change of venue?

2. Should plaintiff Robert Spoonheim be awarded damages for defending an appeal without merit?

FACTS

In November 1985, Robert Spoonheim petitioned for relief under Chapter 11 of the United States Bankruptcy Code. In 1987, Norwest Bank-Billings, N.A. (Norwest), a federally chartered national banking association, was designated by the Chapter 11…