Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → bankr-lexis → Volume 1987

Opinions in bankr-lexis Volume 1987

DECISION The issue before the court is whether the debtor may reopen his bankruptcy case, amend his schedules so as to give a correct address for a creditor who was initially listed with an incorrect address, and thereby discharge the debt. The facts are not in dispute. On August 17, 1984, the debtor filed a petition under chapter 7 of the Bankruptcy Code. The notice of filing se...
Views: 1
OPINION AND ORDER Approximately four years ago, the Debtors filed a Chapter 7 proceeding and obtained a discharge in bankruptcy. They have now filed a Chapter 13 proceeding, and their plan proposes to pay 100% to certain secured creditors and 0% to all their unsecured creditors. Because of their previous Chapter 7 discharge within a six year period, Section 727 of the Bankruptcy Code would prev...
Views: 0
SUMMARY JUDGMENT This adversary proceeding came on for hearing on December 16,1986. The parties made statements of Counsel and identified the various exhibits which they intended to offer in evidence. 1 Based on the presentation of Counsel for the Plaintiff and the Defendant, and consideration of exhibits deemed by the parties to be relevant, the Court is of the opinion that there is no genui...
Views: 0
MEMORANDUM OPINION In this proceeding, came on for hearing the Trustee’s objection to exemptions. The Court finds that this is a core proceeding under 28 U.S.C. §§ 157(b)(2)(A) and (0). The Court has had an opportunity to review the various pleadings, briefs, stipulated facts, and case law regarding the two issues presented in the above-referenced proceeding. The two issues are: (1) ...
Views: 1
OPINION AND ORDER Debtor filed a Chapter 13 petition on February 3, 1986. A seven percent composition Plan was confirmed on August 29, 1986. That Plan provided that the Debtor would pay the Trustee $110.00 bi-weekly and that payments on the first and second mortgages on Debtor’s home were to be made outside the Plan. Payments to the first security deed holder were 173.00 a month. Payments to th...
Views: 0
OPINION The posture of this case presents to us one rather simple legal issue: whether unsecured creditors of a solvent Debtor involved in a liquidating Chapter 11 case are entitled to payment of post-petition interest on their claims. We hold that the creditors are indeed entitled to post-interest, especially due to the course of conduct of the Debtor here, which does not suggest any equ...
Views: 2
OPINION AND ORDER Debtor filed a Chapter 13 petition on September 19, 1985. A Plan was confirmed on December 16, 1985. That Plan provided that arrearage on the security deed on Debtor’s home was to be cured under the Plan. Future payments were to be made outside the Plan. Debtor admits that she has made no payments on the security deed within the last year. She says this is because s...
Views: 0
MEMORANDUM OF OPINION The cause before the Court is the motion of defendants, the Estate of Irwin Deutscher and Aetna Casualty & Surety Co. (hereinafter “Deutscher” and “Aetna” respectively), to declare this adversary proceeding to be a non-core proceeding and their jury demand. *866 This proceeding was commenced by the plaintiffs, a group of Canadian investors, to recover f...
Views: 2
OPINION In this adversarial proceeding, the Debt- or asks us to determine, pursuant to 11 U.S.C. §§ 506(a), (d) the extent of the secured claim of her mortgagee against her estate’s interest in a residence which she purchased jointly with a man with whom she lives, but to whom she is not married. We have concluded, upon weighing conflicting expert testimony, that the full value of the res...
Views: 1
OPINION Presently before the Court in the instant adversarial case are three (3) Motions, the most prominent of which is the Defend *813 ant’s Motion requesting this Court to disqualify ourselves from hearing this matter because of our involvement, prior to taking the bench, in litigation against another party similar to that instituted by the Plaintiff-Debtor against the Def...
Views: 0
OPINION Before me is a motion for relief from the automatic stay filed by Simon-Tye Associates and 135 Ventures, Inc. (the movants). The debtor is Liona Corporation, N.V. (Lio-na), against whom an involuntary bankruptcy petition was filed by M.A.F.I.N.T., a Panamanian company. The Liona bankruptcy was filed on November 28, 1986. The movants then filed the motion for relief from stay, a mo...
Views: 0
OPINION At issue are two (2) applications by attorneys for counsel fees, one an Application for interim fees of $24,149.00 in compensation and $416.29 in expenses filed by the firm of Ciardi, Fishbone, and DiDonato (hereinafter “the Ciardi firm”), counsel for the Trustee in this bankruptcy, Anthony Barone, and the second an Application for $60,427.50 in compensation and $2,802.65 in expen...
Views: 1
ORDER ON DEBTOR’S VERIFIED MOTION FOR AUTHORITY TO ENTER INTO SOFTWARE DISTRIBUTION, DEVELOPMENT, AND MAINTENANCE AGREEMENTS This case came on for continued hearing on December 29, 1986 concerning the Debt- or’s Verified Motion For Authority To Enter Into Software Distribution, Development, and Maintenance Agreements with Texas Commerce Information Systems, Inc. (“TCIS”), and objections thereto...
Views: 0
OPINION Before me is defendant’s motion to dismiss plaintiff’s complaint. The dispute between the parties arises out of the postpetition garnishment of the plaintiff-debtor’s bank account. Plaintiff has filed suit against the attorney of the creditor who garnished his account and seeks injunctive relief as well as damages. Relief is based upon the failure of defendant to comply with the require...
Views: 2
ORDER 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 n...
Views: 0
ORDER This adversary proceeding was commenced September 25, 1986, by the Farmers and Merchants Bank of Beach, North Dakota, (hereinafter Bank), to determine the extent of the Bank’s security interest in property of the Debtors and to determine whether documents executed by the Debtors constitute personal guarantees for the corporate obligation. On the same date, *837the Bank filed a motion for re...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on August 29, 1986, upon a motion for relief from the automatic stay or in the alternative for adequate protection payments filed by the United States National Bank and United States Credit Corporation (Mov-ants). Paul Lansdowne, Inc., Trustee in the above-captioned bankruptcy proceeding *790 (Trustee) opposed relief on the b...
Views: 1
OPINION The issue before me is whether I should exercise my equitable powers under 11 U.S.C. § 105 to stay pending state court proceedings which have been instituted by a creditor against the principal of a bankruptcy debtor. The creditor, Hamilton Bank (“Hamilton”), seeks to enforce in state court a contractual agreement made by William and Kathleen Lidie (“Mr. and Mrs. Lidie”), guaranteeing p...
Views: 1
ORDER The issue presented in this adversary proceeding is whether the Debtors/Defendants obligation to the Plaintiff Commodity Credit Corporation (hereinafter “CCC”) is *785 subject to the Order of Discharge, or whether such debt is treated as an exception to discharge under Sections 523(a)(2)(B) and/or 523(a)(6) of the Bankruptcy Code. After trial of this matter the Court fi...
Views: 2
DECISION and ORDER RE MOTION AND AFFIDAVIT OF BIAS AND PREJUDICE Counsel for plaintiff has filed a motion pursuant to 28 U.S.C. §§ 144 and 455, seeking that we recuse ourselves in this case by reason of bias and prejudice. With the motion, counsel has filed his personal affidavit recounting his recollection of events at a pretrial conference in this discharge-ability adversary proceeding. Trial...
Views: 0
Opinion & Order on Objection to the Discharge of a Debt This adversary proceeding concerns the plaintiff-creditor’s objection under 11 U.S.C. § 523(a)(2)(A) to discharging a debt for furniture the debtor purchased on a credit card within forty days of her bankruptcy petition. We hold that, for goods or services purchased on a credit card to be excepted from discharge for fraud under § 523...
Views: 3
OPINION AND ORDER In this adversary proceeding the Trustee requests that all debts listed by the debtors in their 1986 petition be found non-dis-chargeable and that the debtors’ 1986 petition be dismissed. This proceeding was started by the Trustee in response to the debtors’ attempts to obtain a discharge and enlarged exemptions under a new bankruptcy petition, even though the debtors’ prior p...
Views: 1
MEMORANDUM AND ORDER This matter comes to be heard on the motion of the debtor, Glen E. Smith (“Smith” or “debtor”), to reopen his Chapter 7 bankruptcy case for the purpose of amending Schedule A-3 to include certain unsecured creditors, Brooks Kellogg and Ronald Campbell (“the creditors” or “Kellogg and Campbell”). 1 The creditors object to the reopening and have filed a motio...
Views: 1
DECISION and ORDER ON MOTIONS TO ASSUME OR REJECT (1) MANAGEMENT AGREEMENT and (2) SERVICE AND SUPPLY AGREEMENT This bankruptcy case was filed January 15, 1986. Early in the case, on February 13, 1986, Mapco Fertilizer, Inc., movant herein, and the debtor, entered into a tolling agreement which was the subject of an order of approval in this court of the stated date. The subject tolling a...
Views: 0
ORDER DENYING MOTION TO CONVERT CASE TO CHAPTER 12 This Chapter 13 case came on before the undersigned United States Bankruptcy Judge on January 8, 1987, upon Debtor’s motion for an Order converting this case to a case under Chapter 12 of the Bankruptcy Code. Debtor appeared by his attorneys, Obert Knutson, of Southern Minnesota Regional Legal Services, Inc., and Kurt M. Anderson (the latter of...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTION PURSUANT TO 11 U.S.C. § 522(d)(1) This proceeding poses the narrow question whether a debtor who erroneously believes he is prohibited by a Court Order from returning to his homestead has abandoned this homestead. Because abandonment must be a voluntary act, we hold that a debtor who is absent under compulsion, whether actual or misapprehended, has...
Views: 0
OPINION Presently pending before me in this chapter 11 case are (1) the motion of debtor Diaconx Corp. (“Diaconx”) for permission to expend estate funds for purchase of a trial transcript in connection with an adversary proceeding which was tried in the district court and (2) the complaint and motion for preliminary injunction of Hamilton Bank (“Hamilton”) to enjoin Diaconx’s use of cash ...
Views: 1
OPINION & ORDER FOR VALUATION OF SECURED CLAIM ORDER Chittenden has applied for a valuation of its secured claim. We find the amounts submitted for principal, interest, appraisals, accounting services, and court reporting to be fair and reasonable. Because we hold that once a mortgagor declares the debtor’s promissory note in default and the entire obligation due, the mortgagor’s rig...
Views: 0
*97 ORDER Before the Court is the Chapter 13 trustee’s objection to confirmation of plan, filed March 13, 1986, on grounds of bad faith, pursuant to 11 U.S.C. Section 1322(b)(1). Debtor’s proposed composition plan, filed February 5,1986, classifies unsecured creditors into two (2) classes. One class consists of ten (10) unsecured creditors which the plan proposes to pay 1%. The second class c...
Views: 2
ORDER DENYING CONFIRMATION OF PLAN The debtor’s amended Plan of Reorganization came on for a confirmation hearing on November 25, 1986. One creditor objected to the Plan. Unfortunately for the debtor, this one objection prevents us from confirming the Plan. The debtor is a Vermont corporation whose principal business was designing and marketing fireplace inserts. The debt- or did not itself manuf...
Views: 0
MEMORANDUM The Debtor is a non-profit religious and educational organization. It operates two educational facilities: one for children in kindergarten through the twelfth grades, and one for adults known as The Stevens School of The Bible. The Debtor moves that an order be issued directing the Agent for Veteran Affairs of the Massachusetts Board of Regents of Higher Education (the “Board”...
Views: 2
OPINION AND ORDER Aetna Casualty & Surety Company (Aet-na) commenced this proceeding to determine the dischargeability of a debt pursuant to §§ 523(a)(2) and (a)(6) of the Bankruptcy Code and later moved for Summary Judgment pursuant to Bankruptcy Rule 7056. The facts are as follows. The defendant, John R. Freeman (Freeman), filed his Petition under Chapter 7 of the Bankruptcy Code o...
Views: 1
OPINION AND ORDER Movant, Chase Home Mortgage Corporation, commenced this proceeding pursuant to § 362(d) of the Bankruptcy Code seeking relief from the automatic stay in order to proceed with its mortgage foreclosure on the debtors’ premises. For the reasons provided herein, we grant the Movant’s requested relief. FINDINGS OF FACT An evidentiary hearing was held from which we m...
Views: 0
OPINION AND ORDER The movant commenced this action seeking a dismissal of respondents’ Chapter 7 petition. For the reasons provided herein, we deny movants’ requested relief. FINDINGS OF FACT An evidentiary hearing was held from which we make the following findings of fact. 1 1. On October 5, 1984, the debtor/respondent, Herman J. Bingham, filed a voluntary petition for relief under Cha...
Views: 0
*853 MEMORANDUM The matter before the Court is the complaint, filed, on July 23, 1985, by Robert Fitzgerald, Trustee (the “Trustee”) of Edward Harvey Company Inc. (the “Debtor”), against the above named defendants (“the defendants” or “Cheverie”). Through his complaint, the Trustee seeks a determination that the termination of the Debtor’s leasehold interest in the ground floor p...
Views: 1
OPINION This case presents important questions concerning the statutory and constitutional authority of a bankruptcy court to exercise civil contempt powers. On December 18, 1986, this Court entered a bench order finding Eli R. Haddad (the “Debtor”) in contempt of the Court’s order of September 29, 1986. The contempt order was entered on the motion of the trustee in bankruptcy, James A. G...
Views: 1
MEMORANDUM DECISION ON PLAINTIFF’S MOTION IN LIMINE Before the court is a motion in limine filed by the trustee in response to a defend *926 ant’s Notice of Intent to Offer Hearsay-filed in this adversary proceeding. The motion was argued on December 15, 1986. We grant the trustee’s motion in part and deny it in part. Leon Gray, the trustee (“Trustee”) of the ...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on debtors’ Motion to Convert to Chapter 12, and the opposition thereto filed by the Farmers Home Administration and Equitable Life Insurance Company. The Court regarded this as a two part problem: 1. Can the Court convert an existing Chapter 11 proceeding to a Chapter 12 proceeding? 2. If it has the power to do so, is it equ...
Views: 1
SUPPLEMENTAL MEMORANDUM OPINION GRANTING THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This adversary proceeding was brought by Basil T. Simon, the Chapter 7 trustee, against Joseph L. Braden, the debtor, the Teachers Insurance and Annuity Association (TIAA), and the College Retirement Equities Fund (CREF). The latter two defendants are holding approximately $133,-000 in annuity and retirement pl...
Views: 1
Findings of Fact, Conclusions of Law, and ORDERS re Debtor’s Claim of Exemptions and Motion to Avoid Lien The matters before the court are Joel Francis Punke’s (Debtor) claim of exemptions and his motion to avoid the liens of Hawkeye Bank & Trust of Mason City, Iowa, and First State Bank of Freeborn, Minnesota (Banks) on property claimed exempt. The court, being fully advised, makes t...
Views: 0
ORDER GRANTING IN PART AND DENYING IN PART TRUSTEE’S MOTION FOR SUMMARY JUDGMENT This adversary proceeding is before the Court on the trustee’s motion for summary judgment on his complaint to avoid the real estate liens claimed by the debtor’s investors. The trustee contends that as a matter of law, his strong arm powers under 11 U.S.C. § 544(a)(1) defeat the investors’ claims arising fro...
Views: 3
OPINION After a false start of our own in approaching the matter at hand, we have determined that the only issue before us is the limited function of completing the analysis of our predecessor, the Honorable William A. King, Jr., in calculating the claim of CORNELL LEASING CORP. (hereinafter “Cornell”) against the Debtor-lessee, pursuant to paragraph 20(c) of the parties’ contract dated F...
Views: 1
MEMORANDUM OF DECISION Before the court in this chapter 7 case is a debtor’s motion, supported by the trustee, for revocation of the discharge previously granted by the court to her and for dismissal of her bankruptcy case. No evi-dentiary hearing has been held, and the following background to the debtor’s request is based upon the case file and stipulations of fact submitted by the debto...
Views: 1
This matter is before the Court on the trustee’s objection to certain exemptions claimed by the Debtors. Cyril J. Bernardy represents the Debtors; and Charles W. Ries, trustee, represents himself. Based upon memoranda of counsel, and upon all the records and files herein, the Court being fully advised in the matter now makes this Order pursuant to the Federal and Local Rules of Bankruptcy Procedu...
Views: 0
DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT I. Background The trustee (“Trustee”) for O.P.M. Leasing Services, Inc., et al. (“OPM” or “Debtor”) moved for summary judgment pursuant to Fed.R.Civ.P. 56 and Fed.R.Bankr.P. 7056 and 9014, disallowing and expunging two corporate income tax claims (M42150 and M42120) filed by the State of Indiana (“Indiana”), on the ...
Views: 1
SUPPLEMENTAL MEMORANDUM OPINION I. This matter is before the Court 1 on an objection to confirmation of the debtor’s plan filed by the Massachusetts Bay Insurance Company. This creditor contends that the plan was not filed in good faith as required by 11 U.S.C. § 1325(a)(3). It has filed a proof of claim in an amount in excess of $9,000 resulting from an obligation on a bo...
Views: 1
OPINION We address herein a timely 1 Motion by George L. Miller, described as a “profes *397 sional corporation” (hereinafter “the Mov-ant”), which provided accounting services to the Trustee in this large Chapter 11 bankruptcy case, to reconsider our Order allowing the Movant about seventy-five (75%) percent of his requested compensation. Although we commend the M...
Views: 0
ORDER The issue before the Court is whether the Montana exemption statute applicable in a bankruptcy case, codified at Section 31-2-106 MCA (1985), which denies the Debtor an exemption he would be entitled to under the federal bankruptcy statute, 11 U.S.C. § 522(d), is unconstitutional. For the reasons set forth below, the Court holds Section 31-2-106 MCA is constitutional. On October 9, 1986, the...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION I. This matter is before the Court following trial on the plaintiff’s complaint. The plaintiff is Taylor Electric Company, a former supplier of the debtor/defendant, Max Ettinger, who did business as Computer Corner. The plaintiff specifically contends that a debt in the amount of $10,658.29 is non-dischargeable under 11 U.S.C. § 523(a)(2), as a result of the debtor...
Views: 0
OPINION These consolidated adversarial proceedings present the issues of whether the liability of a Chapter 13 debtor to pay criminal restitution constitutes a “claim” dis-chargeable in the Chapter 13 case; and, assuming that the restitution obligation is a dischargeable claim, what remedies are available to the debtor to prevent collection of future payments and to recover post-petition paymen...
Views: 2
MEMORANDUM OPINION Veri and Emma Lawson filed a Chapter 7 petition in bankruptcy and, pursuant to 11 U.S.C. 522(f), have moved this court to avoid a judicial lien of Louisville Trust Company n/k/a Liberty National Bank & Trust Company on certain real property of the debtors. The Lawsons claim the lien impairs an exemption to which they would have been entitled under Section 522(b). The debtors li...
Views: 0
ORDER ON OBJECTION TO CLAIMED EXEMPTION THIS CAUSE having come before the Court on September 25, 1986, upon Creditor Michael Zemon’s Objection to Claimed Exemption made pursuant to 11 U.S.C. § 541(c)(2) and Bankruptcy Rule 4003 and the Court having examined the evidence presented, considered the arguments of counsel and being otherwise fully advised in the premises, does hereby find the f...
Views: 3
MEMORANDUM DECISION The debtor, Sheldon Zimmerman, is a former account executive for defendant, Prudential-Bache Securities, Inc. (Bache). While at Bache, he contributed to an employee savings fund (Bayco account funds) administered by the company’s benefits department and maintained by the Irving Trust Company. On January 3, 1984, Zimmerman left Bache to join another securities firm. At that tim...
Views: 1
OPINION AND ORDER Prior to the filing of their Chapter 7 proceeding, the PLAINTIFFS owned and operated Avon Grain Company (AVON). On December 21, 1981, the PLAINTIFFS signed an Indemnity Agreement with the DEFENDANT, agreeing to indemnify the DEFENDANT for any payment it might be required to make on AVON’S warehouse bond issued by the DEFENDANT, and on December 28, 1981, the DEFENDANT iss...
Views: 1
ORDER DENYING CONFIRMATION AND SCHEDULING HEARING PURSUANT TO 11 U.S.C. § 1112 At the confirmation hearing on November 4, 1986, the Court found that debtor had satisfied all the requirements of § 1129(a) except subsection (8). Neither secured class number 1, First Union National Bank, f/k/a Atlantic National Bank (hereinafter “First Union”) nor secured class number 2, Internal Revenue Service, ...
Views: 0
*976 MEMORANDUM AND ORDER By Motion filed December 5, 1986 as later amended, three gap creditors seek to have their claims treated as administrative expenses and paid by assessing the proceeds of secured collateral. The motion is resisted by First National Bank of Devils Lake and First American Bank of Rugby both of whom hold perfected security interests in the collateral sought ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON INVOLUNTARY PETITION FOR RELIEF W. Lynn Amburgey, now Lynn Short (hereinafter referred to as “Short”), filed her involuntary petition against Steven A. Amburgey (“Amburgey”) on April 22, 1985. In that petition, Short alleged that Amburgey had fewer than twelve creditors and that she held an unsecured claim against him which exceeded $5,000.00 and...
Views: 0
MEMORANDUM DECISION ON OBJECTION TO CLAIM NO. 189, BANKERS TRUST COMPANY A blinding salt spray has been thrown up over many years by the angry sea of litigation and accusation which has been brought about by the objections of the debtor, Bra-ten Apparel Corporation (“Braten” or “Debtor”), to the claim of Bankers Trust Company (“Bankers” or “Bank”). Fortunately, the Uniform Commercial Code...
Views: 0
ENTRY ON APPLICATION FOR INTERIM FEES AND EXPENSES BY ATTORNEYS FOR OFFICIAL MEMBERS COMMITTEE Ancel, Dunlap & Traylor, P.C. (“ADT”) filed its application for allowance of interim compensation and reimbursement of costs advanced on July 7, 1986. On October 24, 1986, the United States of America, on behalf of the Rural Electrification Administration (“REA”), objected to that application. W...
Views: 1
*427 MEMORANDUM DECISION At Dallas, this 16th day of December, 1986, came on before the court the above styled adversary proceeding in which Jim and Kay Dodson (the “Plaintiffs”) object to the discharge of Richard P. Church (the “Debtor”) from his debt to them. This proceeding is a core proceeding under 28 U.S.C. sections 1334 and 157, as well as 11 U.S.C. sec. 523. This memorand...
Views: 2
OPINION This disputed claim arises by reason of a transaction in which Linda A. Sarro (the “Claimant”) purchased a 25% interest in a corporation partially owned and controlled by Anthony J. Nardone (“Mr. Nardone”), who with his wife, Linda M. Nardone, are the debtors in this Chapter 13 case (the “Debtors”). The Claimant asserts a secured status by reason of a real estate attachment obtain...
Views: 2
MEMORANDUM OPINION Before this Court is the Internal Revenue Service’s (“IRS”) objection to the Trustee’s Proposed Order of Distribution. A hearing was held relating to said distribution on June 9, 1986, wherein we approved the distribution except for that part providing for payment of $5,000.00 to the Debtor. Said sum was to be held by the Trustee pending the resolution of the objection by the...
Views: 2
MEMORANDUM OPINION Presently before the Court is Plaintiffs, Best Western Motor Lodge (hereinafter “Best Western”), Complaint To Determine Dischargeability Of Debt. As the Supreme Court of the United States has previously determined that the doctrine of res judicata does not prevent a bankruptcy court from going behind a state court judgment to determine whether a debt is non-d...
Views: 0
ORDER SUSTAINING TRUSTEE’S OBJECTION TO CLAIMED EXEMPTIONS On January 12,1987 came on to be heard the Trustee’s Objection to Claimed Exemptions. The Debtors have claimed as exempt a 1968 Rivers boat which they state has a value of $800.00 and a 1972 Holiday trailer which they state has a value of $1,500.00. The boat is used by the family for recreational purposes, principally water skiing, an...
Views: 0
MEMORANDUM OF OPINION CONCERNING INTEREST The Missionary Baptist Foundation of America and related entities filed for relief under Chapter 11 of the Bankruptcy Code on October 15, 1980. Shortly thereafter, Robert B. Wilson was appointed Trustee-in-Bankruptcy. The Trustee brought an action against the First National Bank at Lubbock, Texas (Bank) alleging invalid financial arrangements...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the objection of Thomas E. Lalor, a creditor herein, to the application of the Trustee to disburse the proceeds arising from the sale of the debtor’s assets between certain of the debtor’s secured creditors. The First State Bank of Harvard (“Bank”) filed an *349 swers to Lalor’s objection. 1 For the reasons hereinafter set f...
Views: 0
MEMORANDUM OPINION DENYING DEBTOR IN POSSESSION’S REQUEST FOR TURNOVER OF FUNDS The facts are not disputed. In 1984, the debtor Walat Farms, Inc., (hereafter plaintiff) obtained loans from the Commodity Credit Corporation (hereafter defendant), secured by liens on debtor’s 1984 com and soybean crops. In February, 1985 the debtor signed a contract with the defendant to participate in the 1...
Views: 2
MEMORANDUM OPINION DENYING MOTION OF FEDERAL LAND BANK OF ST. PAUL FOR DETERMINATION THAT AUTOMATIC STAY HAS BEEN LIFTED AS A MATTER OF LAW This case deals with a conflict between the terms of Bankruptcy Rule 4001(b) and *1005 11 U.S.C. § 362(e). Because the statutes take precedence over any contrary provisions of the Bankruptcy Rules, the Court hereby rules that Bankruptcy R...
Views: 1
ORDER DENYING MOTION FOR LIEN AVOIDANCE Debtors filed a motion to avoid the lien of Farmers Home Administration in 14 dairy cows under 11 U.S.C. § 522(f)(2). Each debtor claims as exempt two cows as animals under § 513.430(1) RSMo. and five cows as tools of the trade under § 513.-430(4) RSMo. The issues are whether the cattle are exempt under § 513.430 RSMo. arid if so, whether they qualify for...
Views: 0
OPINION AND ORDER ON MOTION TO CONVERT CHAPTER 11 CASE TO A CASE UNDER CHAPTER 12 The above-styled case is presently pending under the provisions of title 11, chapter 11, United States Code. The petition was filed, and the case commenced, on August 28, 1986. On December 12, 1986, the debtors filed a motion to convert the case to a case under chapter 12 of title 11. An objection to the mot...
Views: 0
*357 MEMORANDUM OPINION Before this Court is the Defendant’s Joint Motion to refer issues to the Interstate Commerce Commission (“ICC”), which are identical to issues presently before said agency, based upon the doctrine of primary jurisdiction. Specifically, the Defendants aver that their defenses to the. Debtor’s Complaints to recover additional freight charges involve the reas...
Views: 1
MEMORANDUM OPINION FINDINGS OF FACT (1) At some point prior to the commencement of the instant bankruptcy case, Banner Iron Works (“Banner”) and the Gilbane Building Company (“Gilbane”) entered into a construction contract, known as the Ball-ston Common Mall Construction Contract. (2) In connection with this contract, the American Insurance Company (“American”) issued payment and performanc...
Views: 1
OPINION The debtor, Ruth L. Skipworth, filed this chapter 13 bankruptcy case on September 26, 1985. Her chapter 13 plan was confirmed by order of this court dated April 1, 1986. Presently pending before me is a motion for relief from the automatic stay filed by a secured creditor, Federal National Mortgage Association (FNMA). I took the motion under advisement after a hearing on January 1...
Views: 0
OPINION The instant adversarial proceeding is an accounts receivable action brought by the Debtor in a Chapter 11 proceeding for sums allegedly due to it from a general contractor for its supplying of certain materials as a sub-contractor in a construction project. Our analysis of the facts causes us to award the Debtor the sum of $15,-052.70, of the $28,003.00 which it seeks, deducting f...
Views: 1
OPINION The rather simple facts of this case bring before us, first, a difficult procedural issue relating to the standing of a general unsecured creditor to object to the secured status of a secured creditor; and, assuming that we reach it, a difficult substantive issue regarding the validity of a portion of a mortgage which, while failing to disclose the potential of same on its face, w...
Views: 1
OPINION This matter arises by reason of cross motions for Summary Judgment seeking a determination as to whether or not the conditions of a certain deed dated October 16, 1970, as amended by a contract dated March 10, 1972, with respect to a conveyance from Levitt & Sons, Inc. to Theresa Lanzellotti, restrict the use of certain property owned by the debtor. The plaintiff *415 ...
Views: 3
MEMORANDUM OF DECISION At issue in this litigation is the dis-chargeability of a debt owed Family Federal Credit Union (credit union) by the debtor, Debra Alice Schuster. An evidentiary hearing held on November 13, 1986, established the following factual background. I. The debtor, on August 24, 1983, applied to the credit union (apparently then named St. Francis Hospital Hartfor...
Views: 0
MEMORANDUM AND DECISION The debtors, James and Irene Sheets, filed a joint petition under § 302 of the Bankruptcy Code to commence this voluntary Chapter 7 case on May 4, 1982. On May 24, 1982, a trustee in bankruptcy was appointed. The trustee commenced this adversary proceeding on August 19, 1983 to determine what interest, if any, the debtors have in the proceeds of two pre-petition pe...
Views: 0
REASONS FOR JUDGMENT I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Western District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). The United States District Court for the Western District of Louisiana referred all such cases to the Bankruptcy Judge for the district and ordered the Ban...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court on December 17,1986 upon the creditors/plaintiffs, Charles and Jane Gray’s (the “creditors”) complaint to Determine Dischargeability of a Debt owed by the debtor/defendant, Cynthia Merle Lewis (the “debtor”) pursuant to 28 U.S.C. §§ 157(b) and 1334 and 11 U.S.C. § 523(a)(9) and the Court having heard the testimony, ...
Views: 1
MEMORANDUM OPINION INTRODUCTION This contested matter presents the question of whether either the federal or Missouri garnishment statute permits a bankrupt debtor to exempt pre-bankruptcy earnings from property of the estate. The Court holds that although the federal garnishment statute does not apply to Missouri debtors, the Missouri statute does permit a Missouri bankrupt debtor t...
Views: 5
OPINION On March 31, 1986, Athos Steel and Aluminum, Inc. (“Athos Steel”) filed a petition under chapter 11 of the Bankruptcy Code and since then has continued to operate its business as debtor in possession. On May 14, 1986, Athos Steel filed a Notice of Intention to Pay Compensation to Officer *517 pursuant to Local Bankr.Rule 4002.1. 1 The notice stated that the...
Views: 1
OPINION The narrow issue in this adversary proceeding concerns the interrelationship of Fed.R.Civ.P. 45(d) and the Pennsylvania common law attorney’s “retaining lien.” Plaintiff New World Marketing. Corporation has subpoenaed debtor’s non-bankruptcy counsel to attend a deposition at which time original documents in the attorney’s possession are sought to be examined. The attorney, Clark L...
Views: 2
MEMORANDUM OPINION On November 25, 1986, a hearing was held on debtor’s motion for summary judgment (the “Motion”). Previously, debtor had filed a complaint to compel turnover of property specifying that the net proceeds from a motocross event held at the Los Angeles Memorial Coliseum were property of the estate and recoverable under Section 542 of the Bankruptcy Code. Mickey Thompson and Thompso...
Views: 0
OPINION The tortured procedural history and piecemeal record developed in this case make the decision of the question before us a difficult one. Arising in the context of an Objection to the sale of a liquor license by the Trustee in this Chapter 7 case is the question of what the ownership rights in the license are as between the “lessor” (or “seller”) and the Debtor, a corporate “lessee” (or “p...
Views: 0
MEMORANDUM OPINION The questions of whether a security interest in a mobile home is perfected so as to support a secured proof of claim and whether such interest is enforceable against a debtor-in-possession are at issue in this Chapter 13 proceeding. The answers to both questions are no for the reasons set out below. We will first outline the facts, which are not in dispute. Several years be...
Views: 0
DECISION In this case which has a long, tortuous history, the plaintiff, Flushing Savings Bank, moves for summary judgment, while the defendant, Metropolitan Transportation Authority, cross-moves for summary judgment. See prior proceedings: Flushing Savings Bank v. New York State Department of Transportation (In re Cosmopolitan Aviation Corp.), 763 F.2d 507, cert. denied, — U.S. -, 106 S.Ct. 593, ...
Views: 2
DECISION AND ORDER This matter came on to be heard on the Debtors’ motion to convert their pending *633 Chapter 7 to a Chapter 12. The Chapter 7 was filed on April 26, 1985. This motion presents the issue of whether farm debtors who had filed a bankruptcy proceeding under Chapter 7 of the Bankruptcy Code prior to the effective date of the Bankruptcy Judges, United States...
Views: 0
ORDER DENYING MOTION TO CONTINUE AND GRANTING MOTION TO WITHDRAW PLAN Three matters were scheduled for hearing before the Court in this Chapter 12 case: (1) Amended Motion by Debtors to Sell Property of the Estate Free and Clear of Liens Pursuant to 11 U.S.C. § 1206 and 11 U.S.C. § 363(f); (2) Motion for Valuation under 11 U.S.C. 506(a) and (d); and (3) Confirmation of Debtors’ Amended Chapter ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on January 13,1987 on JOHN C. GRAVES, II, Complaint to Determine Dischargeability of Debt and the Court having heard the testimony and examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of counsel, and being otherwise fully advised in the premises, does hereby ma...
Views: 0
OPINION This matter involves the latest attempt by farm debtors to obtain the “sealing profit” from a government price support program over the claim of the Farmers Home Administration (FmHA), a secured creditor. Before discussing the issues raised by this particular case, a brief discussion of both the applicable government price support program and this Court’s previous holding on the questio...
Views: 1
DECISION AND ORDER This matter came on to be heard on the Debtors’ motion to convert their pending *553 Chapter 11 to a Chapter 12. The Chapter 11 was filed on August 26, 1986. This motion presents the issue of whether farm debtors who had filed a bankruptcy proceeding under Chapter 11 of the Bankruptcy Code prior to the effective date of the Bankruptcy Judges, United St...
Views: 1
ORDER In this Chapter 11 proceeding, the Glacier National Bank, N.A. (Bank), a secured creditor, filed a motion for termination of the automatic stay under Section 362, 11 U.S.C. 362, of the Bankruptcy Code. The Debtors resist the motion, claiming in their response, that the Bank lacks a perfected security interest in the personal property of the Debtors, the remaining secured collateral ...
Views: 0
ORDER At Butte in said District this 21st day of January, 1987. A motion for relief from the automatic stay has been filed by the Valley Federal Credit Union to foreclose on their security interest in a 1968 Chevrolet Camero, presently in the possession of the Debtor. The Credit Union states the principal balance due stands at $6,035.23 plus interest as of July 81, 1986, while the value of th...
Views: 0
ORDER In this Chapter 11 case, hearing was held on November 20, 1986, on confirmation of the Debtor’s Seconded Amended Plan of Reorganization. Ballots from creditors filed with the Clerk are as follows: *578 Class Creditor Amount Vote 1 - Secured Federal Land Bank (FLB) $1,219,866.41 Reject 3 - Secured Jack and Wanda Swope 1,002,248.56 Reject 4 - Secured First Security Bank and Trust ...
Views: 2
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on two motions filed in different cases requesting a conversion to a case under Chapter 12. Chapter 12 is included as part of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (“Family Farmer Bankruptcy Act”) which became effective November 26, 1986. One *821 motion, fi...
Views: 1
MEMORANDUM OPINION THIS IS a contested discharge proceeding, and the matter under consideration is the dischargeability vel non of a debt admittedly due and owing to the Plaintiff, Ethel Studley Lytel (Mrs. Lytel), by the Defendants, John Joseph Uliasz and Betty Eleanor Uliasz, formerly doing business as The Hoagie Hut, the Debtors involved in this Chapter 7 case. The Complaint filed by Mrs. Lyte...
Views: 0
ORDER ON MOTION FOR RELIEF FROM STAY THE MATTER under consideration presents a classic example of a frequently recurring problem which occurs when a basically simple stay litigation turns into a complicated lawsuit due to the fact that the relief sought is for “cause,” which in turn brings into play substantive issues and calls for a determination of the merits of the respective rights of...
Views: 1
ORDER ON MOTION FOR RECONSIDERATION OR REHEARING ON ORDER ON MOTIONS FOR RELIEF FROM AUTOMATIC STAY THE MATTER under consideration is a Motion for Rehearing filed by Ritz The-atres, Inc., the Debtor involved in the above-mentioned case. The Motion is directed to the previous Order entered by this Court on the Motion for Relief from Automatic Stay dated December 17, 1986, 68 B.R. 256, which termina...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, III, AND IV THIS IS an adversary proceeding in a Chapter 7 liquidation case, and the matter under consideration is the dischargeability, vel non, of an admitted debt evidenced by a *314judgment entered prior to the commencement of the bankruptcy proceeding against Doris R. Sankner, f/k/a Doris R. Perez (Debtor), the Defendant, and in favor o...
Views: 0
ORDER ON MOTION TO LIFT AUTOMATIC STAY THE MATTER under consideration is a Motion to Lift Automatic Stay filed by Bay Gulf Federal Credit Union (Bay Gulf), a creditor in the above-captioned case. Bay Gulf argues that it may enforce its contractual rights under a Visa account pursuant to 11 U.S.C. § 1301(c)(2) against Jennifer L. Lamoreaux (Lamoreaux), a non-debtor and co-obligor on the in...
Views: 1
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THE MATTERS under consideration are a Renewed Motion for Summary Judgment filed by Joseph A. Gassen, Trustee (Trustee) for the estate of Berkley Multi-Units, Inc. (Debtor) and a Motion for Summary Judgment filed by Universal Building Materials, Inc. (Universal), the Defendant in the above-captioned adversary proceeding. The parties maintain there are ...
Views: 0
DECISION AND ORDER On this motion for a preliminary injunction, we are given the unenviable task of construing statutory language containing material inconsistencies that are not directly addressed by the legislative history. Prudential Lines, Inc. (“PLI” or the “Debt- or”), the debtor-in-possession in this proceeding under Chapter 11 of the Bankruptcy Code (the “Code”), 11 U.S.C. § 1101 ...
Views: 0
ORDER ON MOTION TO ASSUME AND MOTION FOR RELIEF FROM AUTOMATIC STAY IN THIS Chapter 11 case J. Woodson Hays, Inc., d/b/a Olde World Cheese Shop (Debtor) seeks authority to assume an unexpired non-residential lease. The flip side of the same coin is a motion filed by Village East Partners, Ltd. (Village East) who seeks relief from the automatic stay in order to evict the Debtor from the bu...
Views: 3
ORDER ON MOTIONS TO DISMISS AND MOTIONS TO LIFT STAY FILED BY MARY JANE GRUBER AND BARNETT BANK THIS IS a Chapter 11 case and the matters under consideration involve two Motions to Dismiss the Chapter 11 Case and two Motions to Lift the Automatic Stay. The Motions were filed by Mary Jane Gru-ber (Ms. Gruber) and by Barnett Bank (Barnett). Inasmuch as both Motions raise basically the identical i...
Views: 0
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND ALTERNATIVE MOTION FOR ADEQUATE PROTECTION THE MATTER under consideration is a Motion for Relief from Automatic Stay and Alternative Motion for Adequate Protection filed by McCullagh Leasing Corporation (MLC), Lessor in the above-captioned case. The Court has considered the Motion, together with the record, heard arguments of counsel, and now find...
Views: 1
ORDER ON MOTION FOR ATTORNEYS’ FEES AGAINST PMI AND JAWDET I. RUBAII, PERSONALLY THE MATTER under consideration in this Chapter 7 adversary proceeding is a Motion for Attorneys’ Fees against PMI and Jawdet I. Rubaii, Personally, filed by Johnson, Blakely, Pope, Bokor, and Ruppel, P.A., Ellen Stoutamire, Shackleford, Farri- or, Stallings, and Evans, P.A., Smith, Fuller, and Dolcimascolo, P.A., Dav...
Views: 0
ORDER ON RENEWED MOTION FOR ORDER GRANTING RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF TRUSTEE’S INTEREST THE MATTER under consideration in this Chapter 7 case is a Renewed Motion for Order Granting Relief From Automatic Stay and Abandonment of Trustee’s Interest, filed by Gibralter Moneycenter, Inc., (Gibralter). Gibralter seeks relief from the automatic stay in order to foreclose a mortgage on...
Views: 0
OPINION Elizabeth Dovydenas (the “Claimant”) asserts a $6.5 million claim against The Bible Speaks, the Debtor in this Chapter 11 proceeding. She alleges that the contributions she made to the Debtor in this amount were made without donative intent and were induced by undue influence and fraud. The Debtor has objected to her *644 claim, and a trial on the objection has been s...
Views: 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW On January 24, 1984, the United States Bankruptcy Court for the Northern District of Texas, Ft. Worth Division, entered an order establishing February 14, 1984 as the bar date in which proofs of claim must have been filed in this case. Notice of that order was sent to the Comptroller of Public Accounts of the State of Texas (“the Comptroller”), on J...
Views: 1
MEMORANDUM North Carver Pine Corporation (“North Carver” or the “Debtor”) filed a Chapter 11 petition on September 30, 1986. Almost *617 immediately thereafter, on October 3, 1986, South Shore Bank (“South Shore” or the “Bank”) filed a Motion for Relief from the Automatic Stay. South Shore holds valid and perfected security interests in virtually all of the Debtor’s real and ...
Views: 0
MEMORANDUM DECISION FACTS On June 21, 1985, this court approved a compromise between J. Stephen Lemons and the Trustee for the debtor, Lemons & Associates, Inc., pursuant to which, among other things, Mr. Lemons conveyed real and personal property to the trustee. One of the assets transferred to the trustee was Mr. Lemons’ residence. The compromise provided that the trustee was to se...
Views: 2
ORDER DENYING APPLICATION FOR EMPLOYMENT OF SECRETARY I. The Creditors’ Committee has filed an application for the employment of a secretary. Specifically, the committee seeks the approval of the employment of Robert Hod-er of the National Association of Credit Management to perform the following services: A. The taking and transcribing of minutes of meetings of the Creditors’ Committee; ...
Views: 1
*679FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER RE: MOTION TO SET ASIDE ORDER GRANTING RELIEF FROM AUTOMATIC STAY Debtors’ motion to set aside order granting relief from the automatic stay to creditor, Bancorp Finance of Hawaii, Inc. (“Ban-corp”) came on for hearing before the undersigned Judge on December 10, 1986. Carolyn E. Hayashi appeared on behalf of Creditor Bancorp and Edward C. Kemper ...
Views: 0
MEMORANDUM ON DEBTORS’ ELIGIBILITY FOR CHAPTER 13 RELIEF The debtors, Charles Verlin Hutchens and Sidney Gail Hutchens, filed a joint voluntary petition under Chapter 13 of Title 11 of the United States Code on October 9, 1986. On November 18, 1986, the United States of America filed a “Motion To Dismiss Or Convert To A Proceeding Under Chapter 7.” This motion is premised upon the liabili...
Views: 3
ORDER DENYING MOTION FOR NEW TRIAL Judgment in this adversary proceeding was entered on August 7, 1986. On August 18, 1986, plaintiffs Wiggs, Inc. and Miramar, Inc., and third party defendants Sheldon and Geraldine Schwartz filed a joint motion for a new trial pursuant to Rule 59, Federal Rules of Civil Procedure. This motion was served on Richman by personal service on his counsel on August 19...
Views: 0
MEMORANDUM DECISION AND ORDER Debtors have moved to convert this case to one under Chapter 12 pursuant to 11 U.S.C. § 1307(d) as amended by The Bankruptcy Judges, United States Trustees, and Family Farmers Bankruptcy Act of 1986, Pub.L.No. 99-554 (“The Act”). The issue before the court is whether debtors in a Chapter 13 case pending on the effective date of The Act may convert their case ...
Views: 1
MEMORANDUM ON CONFIRMATION OF CHAPTER 13 PLAN At issue is whether the “Debtors’ Amended Plan” proposing payment of four secured claims and zero payment for unsecured claims is entitled to confirmation. 11 U.S.C.A. § 1325 (West 1979 & Supp.1986). Holding both a secured and an unsecured claim, Ford Motor Credit Company (FMCC) contends the debtors’ plan is not proposed in good faith and obje...
Views: 0
FINDING AS TO OBJECTION TO CLAIM On September 18, 1986 Midwest Telepro-ductions, Inc. (herein “Midwest”), debtor and debtor in possession, filed an objection to the claim of the Internal Revenue Service (herein “IRS”) filed June 4, 1986 for FUTA taxes as being filed after the bar date. A hearing was held on December 2, 1986, and the parties agreed to submit the matter to the court upon br...
Views: 1
*35ORDER DENYING THIRD PARTY DEFENDANTS’ MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, ALTERNATIVELY, FOR A NEW TRIAL Following the entry of a judgment against them based upon a jury verdict, the third party defendants, Sheldon and Geraldine Schwartz, have filed a motion for judgment notwithstanding the verdict or, alternatively, for a new trial, based on Rules 50(b) and 59 of the Federal R...
Views: 0
The debtor filed his voluntary petition under Chapter 7 of Title 11 of the United States Code on October 24, 1985. At Schedule B-4 to his petition, the debtor claimed his exemptions under Tennessee law, including a homestead exemption in the amount of $4,500.00 in three lots in Anderson County, Tennessee, in the Ben Hill Subdivision. The § 341(a) meeting of creditors was held on December 2, 1985,...
Views: 2
The debtor, a partnership, filed a voluntary petition under Chapter 11 on November 13, 1986. On November 14, 1986, the debtor filed a “Motion For Contempt” alleging that First Heritage National Bank of Loudon and Bernie Swiney, Trustee (respondents), subsequent to the filing of its bankruptcy petition, with knowledge of the filing of the same, foreclosed a mortgage on real estate in Loudon Coun...
Views: 2
ORDER In this Chapter 13 case, the Debtors propose to pay $1,609.00 per month to FBS Mortgage Corp., a secured creditor, to cure past arrearages and decelerate the home mortgage, pay First Bank Western outside the Plan, and pay $200.00 a month to the Trustee for payment in full of unsecured creditors. FBS filed objections to the Plan stating it was not feasible and there was no provision ...
Views: 1
ORDER The issue in this case is whether the Debtor-in-Possession, a family farmer, may convert this proceeding from Chapter 11 of Title 11 to Chapter 12. At the date the recently enacted “Bankruptcy Judges, United States Trustees and Family Farmer Act of 1986”, P.L. 99-554, became effective on November 26, 1986, the Debtor’s Chapter 11 proceeding was pending, having been filed January 13,...
Views: 1
MEMORANDUM OF DECISION This matter is before the Court on the Debtor’s Motion to Determine Estate’s Interest in Crops. Facts The Debtor filed for relief under Chapter 7 of the Bankruptcy Code on July 8, 1986. In his Statement of Affairs he listed his occupation as a “Dozer Operator” and stated that he was employed by Neal Dozer Service of Vernon, Texas. The Schedules indicate that the Deb...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MOTION TO CONDITIONALLY ASSUME LEASE FOR OUTRIGGER HOTELS HAWAII On August 8, 1986, Diamond Head Emporium, Inc., (“Debtor”) filed a Motion to Conditionally Assume Leases with respect to that certain lease demising to Debtor the restaurant premises located at the Reef Hotel at 2169 Kalia Road, Honolulu, Hawaii. A hearing was held on September 30,...
Views: 1
MEMORANDUM AND DECISION This matter is before the Court on the complaint of Dorothy V. Walton and Dorothy Motley to determine dischargeability of a debt under Section 523(a)(5) of the United States Bankruptcy Code and the answer of Debtor, Raymond P. Motley. 11 U.S.C. § 523. After pretrial, the parties agreed to submit the proceeding on the pleadings, exhibits and briefs. On January 16, 1987, c...
Views: 0
MEMORANDUM AND ORDER The matter before the court is essentially a turnover action commenced by Richard *912 Nelson (Trustee), as Trustee of the Chapter 7 estate of Allyn Axvig (Debtor), against various electrical, agriculture supply, and agricultural marketing cooperatives. The Trustee by Complaint filed April 4, 1986, seeks a judgment compelling the cooperatives to immediately pay the Truste...
Views: 3
DECISION Heard on February 19, 1986 on Leiden Corporation’s complaint alleging breach of contract by A.F. Lusi Construction, Inc. (Lusi). Leiden initially sought $92,728.55 for work, labor and materials, $10,000 for loss of profit, and interest and attorneys’ fees. See Complaint at 2. Leiden later reduced its main request to $90,665.95, based on what it now considers to be the correct amount due ...
Views: 0
*878 OPINION The present posture of this case brings before us the issue of whether a debtor-former tenant can avoid, as a preferential transfer, a payment made to her former landlord from a bank account in which she deposited her rentals during the pendency of an appeal from a judgment in favor of the landlord. We hold that, since the “transfer” of the payment, for purposes of §...
Views: 3
OPINION The debtor, 6200 Ridge, Inc., filed a voluntary petition under chapter 11 of the Bankruptcy Code on October 31, 1986. Two weeks later, on November 13, 1986, Continental Bank (“Continental”), the holder of the second mortgage on the real property located at 6200-06 Ridge Avenue, filed a motion for relief from stay. A preliminary hearing on the motion was held on November 25 and Dec...
Views: 11
OPINION This adversarial proceeding, arising in a factual setting containing several unique aspects, presents, at its core, a rather straightforward issue of the inter-relationship between two (2) Code sections, 11 U.S.C. § 348, pertaining to the effect of the conversion of a case from one chapter to another, and 11 U.S.C. § 366, pertaining to the rights and obligations of Debtors seeking to re...
Views: 1
MEMORANDUM OF OPINION AND ORDER This matter came on for hearing upon the application of Huntington National Bank (Huntington), a secured creditor, for reimbursement of counsel fees and expenses incurred in the above-styled case. The fees and expenses which are the subject of this request represent a portion of those which have been paid by the Bank. Upon due notice to all parties entitled there...
Views: 1
MEMORANDUM DECISION AND ORDER On December 16, 1986, Merlyn and Mar-lys Rennich (debtors) filed for relief under *70 Chapter 12 of the Bankruptcy Code. According to their schedules, they operate a dairy and farming business in Harrisburg, South Dakota. Also on that date, they filed a. motion for use of cash collateral. On January 16, 1987, Federal Deposit Insurance Corporation (FDIC) filed a...
Views: 2
OPINION The instant Motion filed by a creditor seeking relief from the automatic stay arising under 11 U.S.C. § 362 of the Bankruptcy Code raises issues relevant to the determination of both the commencement and termination of the automatic stay pursuant to that section of the Code. We hold that the commencement of the stay occurs automatically at the time of the bankruptcy filing; that i...
Views: 2
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the motion of Needles Development Company (Needles) for relief from the automatic stay or, alternatively, for adequate protection pursuant to 11 U.S.C. § 362(d). The matter was heard to the Court with notice having been made upon all parties entitled thereto. Upon an examination of the record in its entirety, the evidenc...
Views: 3
ORDER This matter comes before the court on the Motion to Prohibit Use, Sale or Lease of Collateral and Motion to Prohibit Debtors’ Use of Proceeds filed by Indiana Lawrence Bank on August 19, 1986. For the following reasons the court denies the bank’s motions and instead orders the debtors to make adequate protection payments as set forth herein. The bank is a creditor holding a...
Views: 0
MEMORANDUM OPINION AND ORDER This matter came for trial on plaintiff, John W. Cobb’s complaint objecting to discharge of the debtors, Earl Daniel Hadley and Albertine Gayle Hadley, on September 9 & 11, 1986. The plaintiff appeared by and through his attorneys, Kelly D. Chestnut and Robert McRorey. The debtor-defendants appeared in person and through counsel, Dianna K. Stapleton and Harry ...
Views: 0
DECISION AND ORDER Debtors in this case seek confirmation of their Chapter 13 plan. Unsecured creditors, Kenneth and JoAnn Cornett (hereinafter “creditors”), object to confirmation, stating that the plan is contrary to *58 § 1325(a)(1), not complying with the provisions of Chapter 13 and, further, that it is not proposed in good faith, as required by § 1325(a)(3). At the hearing, it became ...
Views: 0
DECISION AND ORDER ON REMAND This is an adversary proceeding commenced by a trustee in bankruptcy to avoid a preference. The record shows that defendant was served with the complaint by certified mail on June 24, 1985. The summons informs the defendant that it had 30 days after issuance of the summons (June 24, 1985) to serve an answer upon plaintiff’s attorney. Plaintiff thereafter again serve...
Views: 2
MEMORANDUM OPINION INTRODUCTION On April 8,1986, Earl W. Louden (“Loud-en”) filed his voluntary Chapter 11 petition. On August 26, 1986, the Equitable Life Assurance Society of the United States (“Equitable”) filed a Motion For Relief From Automatic Stay Or, In The Alternative, For Adequate Protection. After a period of discovery, the parties briefed the issues and the Court held a hearing on...
Views: 3
Defendant, Grumman Energy Systems Company, a division of Grumman Allied Industries, Inc., a New York corporation (“Grumman”) has moved this Court for determination of core proceeding and discretionary abstention under 28 U.S.C. § 1334(c)(1). An adversary proceéding for violation of automatic stay and breach of contract has been brought by Sun West Distributors, Inc., a California corporation (“...
Views: 2
OPINION Gould & Eberhardt Gear Machinery Corporation (the “Debtor”) commenced this Chapter 11 proceeding over four years ago as the result of financial difficulties caused primarily by the insolvency of a substantial customer. The Debtor has incurred operational difficulties during the Chapter 11 proceeding, causing defaults in its postfil-ing tax obligations. These defaults largely preci...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE coming on to be heard upon an Adversary Proceeding pursuant to Part VII of the Bankruptcy Rules and 11 U.S.C. § 727, objecting to the Discharge of the Debtor, Roy F. Sklarin, d/b/a Sklarin Interiors, and the Court, having heard the testimony and examined the evidence presented, observed the candor and demeanor of the witnesses, considered...
Views: 1
Memorandum Decision Debtor-in-possession, Southern California Sound Systems, Inc. (“SCSS” or “Debtor”) has moved this Court to reject an exec-utory contract between itself and Starburst Marketing International, Inc. (“SMI”). SMI has made cross-motions to dismiss this case as a bad faith filing, to abstain from exercising jurisdiction in this case or, in the alternative, for appointment of...
Views: 2
MEMORANDUM DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Howard and Emily Bradshaw brought this adversary proceeding against London, Inc. (“London” or “debtor”) to have the court invoke its equitable powers and impose a superpriority lien against London’s assets, pursuant to 11 U.S.C. § 364(c). When the complaint was filed, London was a debtor in possession under Chapter 11 of the Bankrup...
Views: 1
MEMORANDUM OF OPINION Procedural History On June 21, 1984, William B. Wilson, a/k/a Willie B. Wilson, Individually and d/b/a Wilson Ranches, filed for protection under Chapter 11 of the Bankruptcy Code. On November 14, 1985, Mr. Wilson, as Debtor-in-Possession (Wilson), brought this adversary proceeding against TXO Production Corp. (TXO), seeking an accounting and turnover of inc...
Views: 0
DECISION Before the Court is a motion for an order relieving AYL Realty Corp. (“AYL”) from a contract of sale for certain real estate owned by the Debtor. The AYL motion arose in the context of a duly noticed hearing, upon application of the Debtor, to sell the subject real estate to AYL, the contract vendee, or any other offeror who may submit a higher or better offer. Hearings on the sa...
Views: 0
*61 MEMORANDUM OPINION Before the Court is an Objection by the Trustee to a claim of exemption by the Debtors. Specifically, the Court must determine whether the transfer of a one-half (V2) interest in the Debtor-husband’s retirement stock and savings account to his Debtor-wife, constitutes a valid transfer which would entitle the Debtor-wife to claim an exemption therein. T...
Views: 1
MEMORANDUM OPINION Before the Court is Equibank’s Motion For Relief From Stay, which asserts that Equibank possesses a valid security interest in a sum of $14,500.00. Equibank characterizes this sum as a “contract right” belonging to the Debtor, arising out of a contract by and between the Debtor (also referred to as “AH”) and Dr. Samuel L. Armfeld, III; wherein Dr. Armfeld agr...
Views: 0
MEMORANDUM OPINION AND ORDER This matter came for hearing on Burger King Corporation’s Motion for Relief from Stay on June 24, 25, and 26, 1986. After hearing testimony of witnesses and arguments of counsel, the Court took the matter under advisement and ordered the parties to file proposed findings of fact and conclusions of law on or before July 18, 1986. Burger King filed its findings ...
Views: 2
AMENDED OPINION AND ORDER GRANTING DEBTOR’S MOTION TO REJECT THE COLLECTIVE BARGAINING AGREEMENT The Debtor, Walway Corporation, is a wholly-owned subsidiary of a holding company, CWN. On August 6, 1986 Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. As of the filing date, Debtor was a party to a collective bargaining agreement (“contract”) dated July...
Views: 0
MEMORANDUM OPINION On October 1, 1986, debtors lost their principal residence by foreclosure sale. On October 10, 1986, debtors filed this adversary proceeding to set aside the foreclosure sale and cancel the trustee’s deed upon sale. The defendants in the adversary proceeding are Great Pacific Money Markets, Inc. and its president, Mr. Jack Winer, and Domus Equities, Inc. and Golden Paci...
Views: 8
ORDER ON REQUEST FOR CONVERSION TO CHAPTER 12 On December 12, 1986 the request for conversion to Chapter 12 filed by the debtors on November 28, 1986 and the resistance filed by the Production Credit Association of the Midlands (PCA) came on for hearing in Des Moines, Iowa. Reta Nob-lett-Feld appeared on behalf of the debtors. James M. Hansen appeared on behalf of the PCA. *512 ...
Views: 3
MEMORANDUM OPINION AND ORDER This matter is before the Court on the amended motion of the debtor “For Determination of Debtor’s Tax Liability and For Order Directing Clerk of the Court of McHenry County to Turnover Proceeds of the Debtor.” The United States of America (Government) has filed a response in opposition thereto and the matter has been fully briefed. For the reasons set forth b...
Views: 1
OPINION The debtor 1 sent notice of its intent to continue paying its president and chief executive officer, Harry Breitman, his annual-salary of $104,000.00 and to continue paying its executive vice president, Terrence Maher, his salary of $65,000.00. 2 Three creditors filed objections to the proposal concerning Dr. Breitman and one creditor filed an objection concerning the proposed compe...
Views: 3
MEMORANDUM OPINION Before the Court is Plaintiff's Motion For Judgment On The Pleadings On Its Complaint, wherein it seeks a finding that the debt owed it is nondischargeable pursuant to 11 U.S.C. § 523(a)(4). We find that Defendant has committed at least a defalcation while acting in a fiduciary capacity, and that judgment on the pleadings should be granted. FACTS Pl...
Views: 4
Brandt-Airflex Corp., as debtor-in-possession (“Brandt”), commenced the captioned adversary proceeding pursuant to Part VII of the Rules of Bankruptcy Procedure. The complaint seeks a declaratory determination of Brandt’s tax liability, if any, for delinquent withholding taxes for the years 1983, 1984 and the first quarter of 1985. The taxes are due and payable to the Internal Revenue Service (...
Views: 0
OPINION AND ORDER On or about August 1, 1985, the Debtor, Legend Homes, Inc. (hereinafter “Legend Homes” or Debtor) filed for bankruptcy relief under Title 11, United States Code, Chapter 11. The Debtor is reportedly in the business of constructing and selling single-family homes. On or about June 17, 1986, a creditor of the estate, Ray Lumber Company (hereinafter “Ray Lumber”) filed a motion f...
Views: 0
OPINION This is an action by a trustee in a chapter 11 case to set aside a prepetition transfer pursuant to 11 U.S.C. § 544(b). The defendant has moved to dismiss the complaint pursuant to Bankr.Rule 7012 and Fed.R. Civ.P. 12(b)(6). The issue before me is whether a bankruptcy trustee may maintain an action, pursuant to section 544(b), to avoid a prepetition transfer which is allegedly pre...
Views: 1
OPINION In this matter, Frank S. Poswistilo, Esquire has filed an Application for Approval *957 of Counsel Fees as attorney for the debtor in possession for services performed in connection with the debtor’s chapter 11 proceeding. Meridian Bank, successor to American Bank and Trust Co., (hereinafter “Bank”), has filed objections to the application. The Bank opposes the applic...
Views: 0
MEMORANDUM OPINION This proceeding concerns leases of nonresidential real property. Senioris Enterprises, Inc. (“Debtor”) is the lessee of several locations in shopping centers where it conducts a restaurant business called “The Stuffed Pocket”. Homart Development Co. (“Homart”) is the lessor of at least two of these locations, the Willowbrook Mall and the Deerbrook Mall, both in the Hous...
Views: 0
DECISION The debtors, Felix and Irma Laza, filed a Chapter 13 petition in bankruptcy under title 11 of the U.S.C. on October 5, 1984. Their proposed plan of reorganization was confirmed on December 4, 1984. At the time the petition was filed, debtors owned a one-family residence in Richmond Hill, New York (the “property”), which was encumbered by first and second mortgages. Subs...
Views: 2
MEMORANDUM OPINION AND ORDER IN COMPLIANCE WITH UNITED STATES DISTRICT COURT’S ORDER REMANDING BANKRUPTCY COURT’S DECISION DENYING MOTION TO ALTER OR AMEND FOR LACK OF JURISDICTION As the above title suggests, the circumstances surrounding this case are complex, to say the least. A brief outline of the various steps the case has taken to reach this point is helpful to the full unders...
Views: 4
MEMORANDUM OPINION Facts This matter comes before the Court on the Motion to Convert filed by the Debtor, Harry Jackson Hughes, to convert from Chapter 13 under Title 11 of the United States Code to Chapter 12 under Title 11 of the United States Code. Permanent Savings Bank, having filed a response in opposition to the Motion to Convert, appeared by counsel, and the Debtor appeared in p...
Views: 1
ORDER This matter is before the court on its own Order to Show Cause issued sua sponte on December 19, 1986, directing the Debtors to appear and show cause why their Chapter 7 petition should not be dismissed pursuant to the substantial abuse provision of section 707(b) of the Bankruptcy Code. A hearing was held on December 29, 1986, at which the Debtors as well as counsel appeared. The D...
Views: 2
ORDER This matter is before the court on its own Order to Show Cause issued sua sponte on December 22, 1986, directing the Debtors to appear and show cause why their Chapter 7 petition should not be dismissed pursuant to the substantial abuse provisions of section 707(b) of the Bankruptcy Code. In lieu of a hearing scheduled for January 5, 1987, the Debtors at their option elected to respond ...
Views: 3
MEMORANDUM AND DECISION The Creditors’ Committee for the debtor, Keegan Utility Contractors, Inc. (Keegan), objects to the claim of Joseph L. McGloin. The claim, for $2,584.60, represents legal fees Mr. McGloin incurred in his capacity as the debtor’s construction manager and officer. Keegan filed its Chapter 11 petition on March 5,1985. Proofs of claims were then filed by Keegan’s creditors....
Views: 0
MEMORANDUM AND ORDER Before the court is a Motion For Relief From Stay filed March 13, 1986, by Travelers Insurance Company (Travelers). This motion, together with a debtors’ motion for valuation was originally considered by this court in April, 1986, and a Memorandum and Order was entered on April 30, 1986, granting Travelers relief from stay against 4,620 acres of land situated in Stutsman Co...
Views: 1
MEMORANDUM OF DECISION This proceeding concerns the objection of the creditors’ committee to an application of Hopmeadow Rental & Leasing, Inc. (Hopmeadow) for allowance of its claim in the amount of $2,119.89 as an administrative expense. The facts underlying the application are taken from the case file and a brief evidentiary hearing held on December 30, 1986. I. Davidson & Mc...
Views: 0
MEMORANDUM OPINION AND ORDER The matter before the court is the motion for summary judgment filed by the defendant, Hutton/Conam Realty Pension Investors (“R.P.I.”), in response to a complaint filed by the plaintiff-debtor, Bryn Athyn *453 Investors, Ltd. (“Bryn Athyn”). The complaint seeks, among other things, turnover of an apartment complex, possession of which had been aw...
Views: 0
MEMORANDUM OPINION This adversary was filed to determine the dischargeability of a debt. The debt- or’s corporation (“Crown”) sold certain accounts to the creditor (“GMA”) at a discount. GMA took a security interest in the receivables. GMA’s officer testified that the only notification given to account debtors was a change of the post office box for remitting payments. Certain payments were nonet...
Views: 0
MEMORANDUM AND ORDER The issue before the court is whether, in North Dakota, a contract for deed for the purchase of real property is an executory contract pursuant to section 365 of the Bankruptcy Code. Herbert and Christine Czeczok (Czeczok) filed on November 10, 1986, a Motion For Relief From Stay concerning certain development property purchased on contract by the debtor, William L. Faiman ...
Views: 0
MEMORANDUM OPINION This Chapter 13 case is before the court on the trustee’s motion to modify the confirmed plan filed by this debtor. The court entered an order confirming the plan in March of 1985 on the recommendation of *73 the trustee. The confirmation order was entered without any hearing, inasmuch as no creditor had objected to the plan. The plan as filed and conf...
Views: 2
MEMORANDUM AND DECISION In this case, the debtor filed under Chapter 11 on August 22, 1986. He now has moved to convert the Chapter 11 case to Chapter 12. When the motion was on to be heard, the Court and the parties addressed themselves to whether a case filed under Chapter 11 prior to the effective date (November 26, 1986) of the Family Farmer Act (the “Act”) could be converted to Chapt...
Views: 2
MEMORANDUM AND ORDER The matters before the court are two motions to dismiss filed by Federal Land Bank of St. Paul (FLB), on December 29, 1986, and Gate City Federal Savings Bank of Minot (Gate City) on January 12, 1987. Both movants allege that the instant Chapter 11 petition, being the debtors’ second petition, was filed in bad faith, that there is a continuing loss to and diminution of the ...
Views: 0
OPINION Before the Court in this Chapter 13 proceeding are motions to dismiss by both the Chapter 13 Trustee and the Federal Home Loan Mortgage Corporation (“Federal”), the holder of the mortgage on the residence of the debtor, Frank Bono. The movants invoke § 109(g) of the Code, which disqualifies an individual from being a debtor, if during the preceding 180 days, he was a debtor in a c...
Views: 1
MEMORANDUM AND DECISION Heretofore, Robert Wagner, trustee in bankruptcy for Rumsey Sheet Metal, Inc., (Rumsey) moved this Court for partial summary judgment. The parties submitted briefs, exhibits and other products of pretrial discovery including the depositions of Mr. Richard Rumsey, a principal of the debtor corporation, and Mr. John Trait, a principal of the defendant corporation. Or...
Views: 0
DECISION AND ORDER Plaintiff, NYNEX Business Information Systems Company (“NYNEX”), seeks, in this adversary proceeding against the defendant debtor and debtor-in-possession, Beker Industries Corp., Inc. (“Beker” or the “Debtor”), to recover damages and immediate possession of telephone equipment which is the subject of an agreement between the plaintiff and the Debtor. 1 Plain...
Views: 2
The instant adversary proceeding was brought to determine, as between the fee owner of real property and a tenant of the former mortgagee-in-possession, title to certain improvements made to commercial *851 property located in Weehawken, New Jersey (“the Premises”). Although the tenant, WTW Realty, Inc. (“WTW”) concededly knew that its landlord, the former mortgagee-in-possession, ...
Views: 0
MEMORANDUM OF DECISION RE: APPLICATION OF CONNECTICUT NATIONAL BANK FOR PARTIAL PAYMENT OF SECURED CLAIM At issue in this proceeding is the right of Connecticut National Bank (CNB) to be paid from funds it garnisheed prepetition. No evidentiary hearing has been held, the parties having presented the matter on legal arguments based upon the case file and submitted exhibits. I. Florence Irene Bower...
Views: 0
MEMORANDUM DECISION AND ORDER RE: MOTION TO VOID TRANSFER On October 31, 1986, Aero Filipinas (“Aero”) filed a Motion to Void Transfer, whereby it requested that the attorneys for the debtor, the Law Firm of Green, Ning, Lilly & Jones (“Applicant”), be compelled to return to the debtor the amount of $10,-719.80. This amount represents partial payment to debtor’s attorneys for attorneys’ f...
Views: 0
OPINION AND ORDER The Trustee commenced this proceeding for summary judgment seeking a determination which would allow him to recover from First State Bank, now by merger Merchants Bank, payments made by the debtor-in-possession in order to satisfy a pre-bankruptcy indebtedness. For the reasons provided herein, we grant the Trustee’s requested relief. FINDINGS OF FACT After reviewing the briefs a...
Views: 0
MEMORANDUM SUR DEBTOR’S MOTION FOR RECONSIDERATION OF OPINION AND ORDER DATED JANUARY 9, 1987 On January 20, 1987, the Debtor filed a timely 1 Motion that we reconsider certain portions of our Opinion and Order of January 9, 1987, in which we ruled upon an Objection of the Debtor to the Proof of Claim of the Debtor’s Mortgagee, now known as Meritor Mortgage Corporation East (he...
Views: 1
OPINION Plaintiff, Donald G. Navarro, as Trustee for Compco Computer Centers, Inc. (“Trustee”), made a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure for an order directing entry of partial summary judgment in favor of the Trustee and against Defendant, International Business Machines Corporation (“IBM”) alleging that the lien asserted by IBM was unperfected as IBM fai...
Views: 0
ORDER ON DEBTOR’S OBJECTION TO CLAIM FILED BY MALDEN PUBLIC SERVICE DISTRICT THIS CAUSE came on before this Court on October 23, 1986 and continued on November 7, 1986, on VTN, Inc.’s, Objection to Claim filed by Malden Public Service District, and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments o...
Views: 1
In its complaint in the present adversary proceeding, plaintiff alleges that it has a secured interest in a lawn tractor with grass catcher. It says that defendant has failed to redeem the property, reaffirm the debt, or return the property. It prays that we find the debt owing to plaintiff by defendant nondischargeable. Defendant denies the allegations of the complaint and asserts, essentially, ...
Views: 0
MEMORANDUM On March 24, 1986, this court entered an order authorizing the debtor to employ Deric Associates, Inc. (“Deric”) to assist the debtor in collecting monies allegedly due the debtor from Transport Insurance Group. The order authorized the compensation of Deric on a 10% contingent fee basis as to all funds collected from the insurance company. Subsequently, on August 26, 1986, the...
Views: 0
*103 OPINION The matter before the Court raises the issue of whether funds segregated by the Debtor in trust for federal taxes, pursuant to federal statute, are property of the Debtor’s estate and, as such, are available for distribution to all creditors, as opposed to being payable, in their entirety, to the federal government on account of the taxes due. While we share, with th...
Views: 1
DECISION This case raises the issue of whether Commodity Credit Corporation (“CCC”) may set off a $20,762.98 obligation to Brooks Farms (“debtor”) against a separate obligation “in excess of $20,762.98” 1 due from the debtor to CCC. The issue has been submitted on the defendants’ motion for summary judgment. A stipulation of facts has been filed by the parties. *370 The debtor is a partne...
Views: 1
MEMORANDUM AND DECISION EDWARD D. HAYES, Bankruptcy Judge. In this Chapter 13 case, confirmation of the debtors’ plan has been delayed because of a dispute involving the classification of unsecured claims. On June 11, 1986, the debtors, Mark and Jean Johnson, filed a joint petition and Chapter 13 plan. The plan proposed to pay the Johnsons’ unsecured creditors a dividend of fifteen percent....
Views: 0
OPINION Presently under consideration is the Motion of the Plaintiff-Creditor, ITT FINANCIAL SERVICES (hereinafter referred to as “ITT”), for Reconsideration of that portion of our Opinion and Order of November 13, 1986, holding that the Debtor-Defendant, John Woods (hereinafter referred to as “the Debtor”), is entitled to costs and reasonable attorney’s fees pursuant to 11 U.S.C. § 523(d...
Views: 1
DECISION This action, commenced by John D. Stein, Chapter 7 trustee (“trustee”), seeks a turnover 1 of the debtor’s undivided one-half interest 2 in an 80 acre farm located at 6479 West Waukau Avenue, Oshkosh, Wisconsin. Defendant, John W. Zarling (“debt- or”), appears pro se. The trustee has joined other parties as defendants because of their possible interests in the farm. Trial was com...
Views: 1
DECISION This is an adversary proceeding in which plaintiff has filed a complaint alleging that the debt of defendant/debtor to it should be held nondischargeable on grounds appearing in the statute at 11 U.S.C. § 523(a)(2)(B), use of a false statement in writing, and also § 523(a)(6), willful and malicious injury to another entity or the property of another entity. The complaint says that the ...
Views: 0
*990 ORDER This matter is before the Court upon objection of Belview State Bank (Bank) to certain of the Debtor’s claimed exemptions. Michael Stewart and Dennis Ryan represent the Bank. Bruce Wenger represents the Debtor. The matter was heard on November 12, 1986, after which counsel were afforded additional time to file supplemental briefs, the last of which was filed on Decembe...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come on before the Court on February 10, 1987, upon the Complaint to Determine Non-Dischargeability of Debt owed to the creditor/plaintiff, CHERYL LYNN HOOVER (the “creditor”), by the debtor/defendant, MARTIN ALBERTO GOMEZ (the “debtor”), pursuant to 28 U.S.C. §§ 157(b) and 1334 and 11 U.S.C. § 523(a)(9) and the Court having heard the te...
Views: 0
OPINION The narrow issues before me stem from a motion to dismiss filed by defendants in response to a complaint to recover allegedly preferential transfers. For purposes of this motion, the relevant facts are not in dispute. On February 9, 1981, the debtor filed a voluntary bankruptcy petition under chapter 11 and operated its business as debtor in possession. 11 U.S.C. § 1107. The ...
Views: 0
OPINION Kenneth J. Neufeld has filed a motion to revoke the order of discharge entered in this case, so as to permit him to file a proof of claim or amend an “informal” proof of claim. 1 For the reasons set forth below, this motion will be denied. I. The relevant facts surrounding this dispute are uncontested. 2 On December 27, 1985, the debtor filed a vo...
Views: 1
MEMORANDUM-DECISION, PROPOSED FINDINGS OF FACT, PROPOSED CONCLUSIONS OF LAW AND PROPOSED ORDER On February 24, 1986, the Trustee commenced this adversary proceeding pursuant to Fed.R.Bankr.P. 7003 (Fed.R.Civ.P. 3) against Robert M. Weichert (“Weichert”). On August 25,1986, the Trustee moved for summary judgment pursuant to Fed.R. Bankr.P. 7056 (Fed.R.Civ.P. 56), and additionally sought to dismiss...
Views: 3
*1013MEMORANDUM OPINION INTRODUCTION On May 13, 1986, husband and wife fanners, John J. Kielhafner and Ann L. Kielhafner, filed their voluntary joint Chapter 11 petition. On June 24, 1986, the Farmers Home Administration (“FmHA”) filed a Motion For Adequate Protection. On July 8, 1986, Debtors filed Suggestions In Opposition to FmHA’s motion as well as an adversary Complaint seeking the Court’s de...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On September 17, 1986, a hearing was held on objections of the Chase Manhattan Bank, N.A. (“Bank”) to confirmation of the proposed amended Chapter 13 plan advanced by Theodore R. and Marie E. Mas-cari (“Debtors”). This matter was thereafter submitted for decision, and the following constitute the Court’s Findings of Fact ...
Views: 0
OPINION AND ORDER This matter was presented to the Court on the motion of the Debtor herein pursuant to which the Debtor requested that the Court determine that the automatic stay provided for by 11 U.S.C. § 362 was applicable to stay the pending foreclosure action of Beneficial Mortgage Co. of Colorado (“Beneficial”). The Court ruled that the stay did not apply. Thereafter the Court, ...
Views: 3
MEMORANDUM OPINION INTRODUCTION Pending for determination are the Motion To Ratify Foreclosure Sale brought by Germania, F.A. (“Germania”) and the Motion To Declare Foreclosure Null and Void And Set Foreclosure Aside For Violation of Automatic Stay brought by Debtor. Trial was had upon these matters on February 2, 1987, at which time evidence was adduced, argument of counsel heard, a...
Views: 2
MEMORANDUM-DECISION AND ORDER ON DEBTOR’S MOTION TO DISMISS ADVERSARY COMPLAINT For the second time, the Court considers the arguments of Debtor, Salvatore Tuzzo-lino (“Debtor”) seeking to dismiss the adversary complaint objecting to discharge-ability filed by Plaintiff Langine R. Waskiewicz (“Plaintiff”). By Order of the Court dated September 8, 1986, the Court dismissed Plaintiffs adver...
Views: 2
OPINION At this juncture in the tortuous procedural history of this case, we are called on to decide one relatively simple legal issue, i.e., whether the Debtor’s Proof of Claim was timely filed, pursuant to 11 U.S.C. § 501(c), on November 18, 1986, at least seven (7), and possibly over ten (10), months subsequent to the bar date for filing claims. 1 Although we choose to follo...
Views: 1
MEMORANDUM OF DECISION The above styled causes have been consolidated for the purposes of this opinion because they involve common questions of law regarding the eligibility for conversion from a Chapter 11 to Chapter 12. The following shall constitute findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure. FINDINGS OF FACT The...
Views: 0
MEMORANDUM OPINION AND ORDER The Plaintiff filed the within adversary proceeding seeking an order of this Court barring the Defendant’s discharge pursuant to the provisions of Section 727 of the Bankruptcy Code and also seeking a determination of nondischargeability as to certain obligations owed the Plaintiff by the Defendant pursuant to Section 523 of the Code. The matter came on for trial ...
Views: 0
Victor and Janet Leben brought this adversary proceeding to obtain possession of two parcels of real estate, payment of past due rent and payment of past due real estate taxes from Asher Rabin, Chapter 11 trustee of A.W.H. of Wisconsin, Inc. (f/k/a A.W. Huss Co.). During the pendency of this suit, the Lebens have obtained possession and clear title to the property through a land contract foreclosu...
Views: 1
MEMORANDUM OPINION This cause came on for consideration of the Motions of DEUTZ-ALLIS CREDITOR CORPORATION (“DEUTZ”) and JOHN DEERE COMPANY (“JOHN DEERE”) to Dismiss this pending Chapter 12 case. Movants argue that the Debtor may not maintain this Chapter 12 proceeding because there was pending at the time of its filing a case under Chapter 11 of Title 11, United States Code, in which the...
Views: 1
MEMORANDUM OPINION This motion was brought by Downey Savings & Loan Association (“Downey”) for relief from the automatic stay or in the alternative adequate protection. I heard the matter on February 4, 1987. As discussed below, I denied Downey’s motion. STATEMENT OF FACTS Debtor is a publicly traded corporation which designs, manufactures and markets electronic power conditioni...
Views: 0
MEMORANDUM-DECISION AND ORDER On April 3, 1986, debtors Larry C. Wood-worth and Mary Katherine Woodworth (“Debtors”) filed their petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). The applicant herein was appointed Trustee of the Debtors on April 9, 1986, and accepted the appointment on April 10, 1986. On June 13, 1986, the Court appointed the Tr...
Views: 0
MEMORANDUM OPINION INTRODUCTION Debtors, husband and wife farmers, filed their voluntary Chapter 11 petition on October 23,1986. On December 22,1986, Debtors filed their Motion To Convert To Chapter 12. On January 14, 1987, the Court noticed the motion for a hearing on February 18, 1987. One creditor, the First Bank *432 of Montgomery County, formally objected to Debtors’ motion. Upon the e...
Views: 1
ORDER This adversary proceeding is before the Court on plaintiff's motion for summary judgment filed December 2, 1986. Plaintiff, John Daniel, seeks summary judgment on his complaint filed May 9, 1986, seeking to deny dischargeability of a judgment claim against the debtor, Benjamin H. Jenkins. Plaintiff received a judgment against defendant in June 1985 for compensatory and punitive damages fo...
Views: 0
ORDER In this Chapter 11 proceeding, hearing was held on the Debtor’s Plan of Reorganization on October 28, 1986. Ballots received from the creditors are as follows: [[Image here]] Unsecured creditors Brower, Vallie, Cook, Joyner and Brower Law Firm are insiders. Each secured Class A, B, C, D and J are impaired under the proposed Plan, and since Classes B, C, D and J have voted ...
Views: 1
OPINION AND ORDER This case presents novel questions concerning whether a trustee in bankruptcy is subject to inquiry notice in his alternative capacities as hypothetical judicial lien creditor, holder of an execution returned unsatisfied, and bona fide purchaser of real property. Also involved is the question of whether the recording of an improperly witnessed mortgage constit...
Views: 0
ORDER At Butte in said District this 25th day of February, 1987. On October 3, 1986, the Plaintiff Debtors filed an adversary complaint against the Defendants Ferrin seeking rescission of a Contract For Deed executed by the parties on October 12, 1982. In that contract, the complaint alleges the Debtors agreed to purchase real property from the Defendants for $230,000.00 and after a ...
Views: 1
MEMORANDUM OPINION AND ORDER THE FACTS The only thing striking about the facts of this case is given the staggering number of bankruptcy cases filed every year, the problem now before the Court does not occur much more often. The facts are relatively simple and are not in dispute. Frontier Enterprises, Inc. (the “Debtor”) filed a voluntary Chapter 7 petition on October 28, 1983....
Views: 1
ORDER THIS MATTER comes before the Court on the Debtors’ Motion to Void Lien under 11 U.S.C. § 522(f) and the Objection thereto by Beneficial Colorado, Inc. Admissions by the parties have left only one issue for determination, i.e., is a stere.o system (speakers, tuner, tape decks and equalizer) or a 35 mm camera with telephoto lens, tripod and flash, property which can be claimed as exempt u...
Views: 0
ORDER In this Chapter 7 adversary proceeding, the Plaintiff filed a complaint on June 12, 1986, seeking to declare the debt non-dis-chargeable under Section 11 U.S.C. § 528(a)(2) of the Bankruptcy Code. The Debtors responded with a response, amended on October 23, 1986, setting forth among other matters an affirmative defense that the complaint was filed beyond 60 days of the first meeting of c...
Views: 1
OPINION Before me for determination is the debtors’ objection to a proof of claim filed by an unsecured creditor, Maryland Bank, N.A. The basis of the debtors’ objection is that the Bank’s proof was filed untimely — that is, the proof was filed more than three months from the date set for the meeting of creditors, in violation of Bankr.Rule 3002(c). While admitting that its formal proof o...
Views: 0
*97 MEMORANDUM OPINION REGARDING DISMISSAL UNDER 11 U.S.C. § 707(b) I. Because the Court was concerned that granting bankruptcy relief to the debtor, George C. Struggs, would be a substantial abuse of Chapter 7 of the Bankruptcy Code, the Court entered an order to appear and notice of hearing pursuant to 11 U.S.C. § 707(b). For the reasons stated herein, the Court concludes ...
Views: 6
ORDER DENYING MOTION FOR SANCTIONS The defendant, Riverview Finance Company, seeks sanctions against the trustee, Shelia Solomon, and her attorney, Kenneth Schneider, for alleged violations of Rule 11 of the Federal Rules of Civil Procedure.1 Specifically, Riverview contends that three pleadings were filed in this adversary proceeding in violation of Rule 11 — the complaint, the first amended comp...
Views: 1
OPINION This matter is before the Court on the Creditor’s complaint to determine dis-chargeability of a debt based upon an allegedly false financial statement. The issues were tried to the Court on March 2, 1987 and the matter was taken as submitted upon the record as a whole. The parties had become acquainted with each other in 1982 when Mr. Loyd (Plaintiff) and Mr. Coyne (Co-Debtor/Defendan...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION I. This matter is before the Court on a motion for Rule 11 sanctions against the debtor and the debtor’s counsel, Joseph Radom, filed by counsel for the creditors' committee, Hertzberg, Jacob and Weingar-ten (the Hertzberg firm). The procedural history leading to this motion is as follows: On June 25, 1986 the Hertzberg firm filed its sixth application for in...
Views: 0
MEMORANDUM OF DECISION The instant adversary comes before the Court upon the complaint of the trustee to avoid a preferential transfer pursuant to 11 U.S.C. § 547. The debtors appear by Marvin R. Appling, Wichita. The plaintiff/trustee appears personally and by Karl R. Swartz of Morris, Laing, Evans, Brock & Kennedy, Wichita. The defendant, Citizens State Bank (“CSB”), appears by Calvin L...
Views: 0
ORDER DENYING MOTION TO REMOVE DEBTOR’S COUNSEL THIS CAUSE came before this Court for final hearing on August 19, 1986, upon a Motion by the Creditors’ Committee to remove debtor’s counsel due to alleged conflict of interest and to deny any and all compensation for debtor’s counsel. The creditors’ committee alleges that a conflict of interest exists which requires the removal of counsel f...
Views: 2
ORDER MEMORIALIZING ORAL ORDERS ISSUED BY COURT ON JANUARY 26, 1987, ON CASH COLLATERAL ISSUE The within petitions for relief under chapter 12 of the Bankruptcy Code were filed on January 13, 1987. The debtors’ counsel, at the same time, filed a motion for use of the cash collateral of the Heritage Bank. The motion which was thus filed was of the following substance: “Debtors have received proceed...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant five (5) jointly administered bankruptcy cases, three (3) of which were filed on December 8, 1986, one of which was filed on December 10, 1986, and the last of which was filed on January 27,1987, involve the most significant members of the independent television industry, an industry which is experiencing somewhat of a slump ...
Views: 0
MEMORANDUM DECISION Citibank (South Dakota, N.A.) has brought an adversary complaint under § 523(a)(2) to determine dischargeability of a debt owed by Deborah Quick. Citibank is owed $10,767.33 for purchases made by Quick on two Visa credit cards issued by the bank. Quick denies she obtained the goods and services, intending not to pay for them. This is a core proceeding as defined b...
Views: 1
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT On August 13, 1986, Plaintiff, Arrow Air (“Arrow”), filed its two count Complaint against Defendant, United Airlines (“United”). Plaintiff’s Amended Complaint was filed August 26, 1986. Count I sought the refund of overpayments made by Arrow to United for which no services were provided under the parties’ Ground Services Agreement No. 49789. Coun...
Views: 0
PRELIMINARY ORDER ON DEBTORS’ MOTION TO HOLD IRS IN CONTEMPT This cause came on to be heard on the motion of William J. Holland and Patricia A. Holland, debtors, to hold Internal Revenue Service (hereinafter referred to as IRS) in contempt. The IRS has indicated that it can not be held in contempt for a number of reasons. This order will dispose of some of these reasons. The remainder will be d...
Views: 2
MEMORANDUM DECISION This dispute arises by way of a Motion for Protective Order filed by NCNB NATIONAL BANK OF FLORIDA (“NCNB”). The NCNB Motion for Protective Order (“NCNB Motion”) was filed in this Court in response to the issuance by the Clerk of this Court of a Subpoena to Witness issued on September 23, 1986. This Subpoena was served on NCNB by FINCORA, LTD., CFC CAPITAL CORPORATION, and COM...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came before the Court on January 8, 1987, upon the Complaint of First Colony Life Insurance Company (“FIRST COLONY”) for exception to the discharge of Jon Ray Coover (the “Debtor”) pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6). The Debtor filed an Answer to the Complaint, and raised as an affirmative defense that the judg...
Views: 1
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS MATTER came on before the Court on January 14, 1987, upon the cross-motions for summary judgment filed by Plaintiff and Defendant. Plaintiff, RICHARD A. HARRINGTON, a retired police officer for the CITY OF CORAL GABLES, FLORIDA, is a Chapter 13 debtor. Defendant, GEORGE A. LIMBEY, is also a retired CORAL GABLES policeman and a jud...
Views: 0
MEMORANDUM OPINION AND DECISION Introduction These two cases represent yet another skirmish in the continuing battle between Social Security beneficiaries and state welfare agencies over the rights to payments from the Social Security Administration (SSA). The fact pattern and issues before the Court are the same as those in Vazquez, Guerrero and Compton, 42 B.R. 609 (Bankr.E.D.Pa.1984) (Vazquez...
Views: 0
OPINION Issue The issue in this case is whether a recorded mortgage on real estate, which has a mobile home affixed thereto, gives the mortgage holder a lien on the mobile home superior to a subsequent lien which is perfected in accordance with the Mobile Home Titling Act by endorsement of the lien on the certificate of title by Penndot. Facts On July 2, 1984, John R. Steitz and Susan B. Steit...
Views: 0
MEMORANDUM OF DECISION I. The sole issue in this preference-avoidance action is whether potentially unpaid postpetition union labor rendered to the debtor, a manufacturer of brass products, may constitute new value to be set off against a conceded prepetition preference to the union. All parties agree that there is no dispute as to any material fact. The debtor has moved for a summary judgmen...
Views: 1
DECISION ON MOTIONS FOR SUMMARY JUDGMENT Before us are the defendants’ and third-party defendants’ motions for summary judgment in a mechanic’s lien foreclosure action previously removed to this court. For the reasons discussed below, we grant the defendants’ motions to dismiss the complaint against Fisk Associates (“Fisk”) and deem the plaintiff’s summons and complaint as a proof of clai...
Views: 0
ORDER The matter comes before the court on (1) a Motion to Revoke Fee Orders of Lord, Bissell & Brook and (2) an Objection to a Stipulation, filed by Edgar F. Heizer; and a Motion to Strike pursuant to Bankruptcy Rule 9018 requested by Lord, Bissell & Brook. Hearing on the above matters was held on December 9, 1986, and they were taken under advisement on December 17, 1986. For the follow...
Views: 0
DECISION & ORDER The trustee of the bankruptcy estate of F & S Central Manufacturing Corp. (“F & S”) brought this adversary proceeding against the defendants N.P.S.I., Inc. (hereinafter “N.P.S.I.” or the “subsidiary”) and N.P.S. Corp. (hereinafter “N.P.S.” or the “parent”) seeking damages in the sum of $550,000.00 alleged to have been incurred as a result of the defendants’ failure to con...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING ORDER CONDITIONALLY CONFIRMING DEBTOR’S PLAN OF REORGANIZATION The issue of confirmation vel non of the debtor’s, proposed plan of reorganization came on before the court for hearing on December 1, 1986. Whereupon the debtor appeared by Bruce E. Strauss, Esquire, its counsel, and the creditor John Hancock Mutual Life Insurance Company appeare...
Views: 0
OPINION Case Summary The Rusiskis filed a Motion for Relief from the Automatic Stay to enforce a pre-petition decree issued by the Court of Common Pleas of Allegheny County ordering specific performance of an agreement of sale for real property between the Rusisk-is, as vendees, and the debtors, as vendors. The debtors contend that whatever interest the Rusiskis may have had in the subject ...
Views: 2
MEMORANDUM OPINION AND ORDER ALLOWING MOTION OF SAFECO INSURANCE COMPANY OF AMERICA TO REMAND This cause was removed by Defendants from the United States District Court for the Northern District of Illinois. Plaintiff has moved to remand, and that motion is granted. FACTS On June 20, 1986 Safeco Insurance Company of America (“Safeco”) filed a four-count Complaint against Robert ...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This proceeding came on for trial to determine whether the debtor’s discharge should be denied. Gordon B. Conn, Jr., appeared for the plaintiffs and Cass S. Weil appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(J). Based...
Views: 4
RANDALL J. NEWSOME, Bankruptcy Judge. This is a Chapter 11 adversary proceeding in which the officers and sole shareholders 1 of Hi-Lo Powered Scaffolding, Inc. have moved for a preliminary injunction under 11 U.S.C. § 105(a) seeking to enjoin David W. Penn and Julio D. Varela from prosecuting a civil action pending against them in the Superior Court of the District of Columbia....
Views: 2
*68 DECISION AND ORDER Sitting by Designation. Heard on January 28, 1987, on the complaint of Audio Visual Systems, Inc. to determine the dischargeability of certain debts, pursuant to 11 U.S.C. § 523(a)(6). The obligation which the plaintiff seeks to have declared non-dischargeable arises from a state court proceeding wherein the court awarded plaintiff $5,000 in attorneys’ fees and $500...
Views: 1
FINDINGS AND CONCLUSIONS IN AUGMENTATION OF ORDER ON MOTION The United States having filed a request for Findings and Conclusions in relation to the Court’s rulings of November 21, 1985 and entered November 25, 1985, the Court hereby augments its rulings by setting forth its Findings and Conclusions that led to said Orders. The United States on behalf of the Secretary of Housing and ...
Views: 1
MEMORANDUM ON DEBTORS’ MOTION TO CONVERT TO CHAPTER 13 At issue is whether the debtors may convert from Chapter 7 to Chapter 13, 11 *338 U.S.C.A. § 706(a) (West 1979), where the court has previously converted their case from Chapter 11 to Chapter 7. Conceding they do not have an absolute right, the debtors nonetheless contend they should be permitted to convert to Chapter 13....
Views: 1
ORDER DENYING APPLICATION FOR SETTING OF JURY TRIAL Plaintiff, Trustee in the above-styled case under 11 U.S.C. Chapter 11, brought this adversary proceeding in Bankruptcy Court against parties alleged to have perpetrated a controlled auction of property of the Chapter 11 estate. The Trustee asserted three causes of action: (1) avoidance of the sale and/or recovery of damages under 11 U.S.C. § ...
Views: 0
OPINION What this Court must now determine is whether the defendant’s request for a jury trial must be respected and, if so, in what court, the district court or the bankruptcy court, such trial is to take place. This adversary proceeding was commenced on September 9, 1983, at a time when bankruptcy proceedings in this District were governed by the Emergency Resolution entitled “In R...
Views: 1
MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S RULE 9023 MOTION TO REOPEN PROOFS OR ALTER, AMEND OR MODIFY JUDGMENT This cause comes before the Court upon motion of Z. Lesman (“Plaintiff”) to reopen proofs or to modify this Court’s September 5, 1986 Order rendering judgment after trial on Plaintiff’s action to determine dis-chargeability of a debt. In the September 5, 1986 Order, the Court f...
Views: 1
MEMORANDUM This case comes before the Court on the motion of the debtor, Jeffery K. Sibley (the “Debtor”), to dismiss the complaint of Albert and Theresa Brown (the “Claimants”) to determine the dischargeability of a debt. The Debtor asserts two grounds for dismissal: (1) the Claimants did not file their complaint within the sixty day time period allowed by Bankruptcy Rule 4004(a); and (2...
Views: 0
*141 MEMORANDUM OF OPINION On October 28, 1986, the Court heard arguments on the question whether the Board of Directors of a company in Chapter 11 may issue authorized but unissued stock during a Chapter 11 proceeding but prior to confirmation of a Plan of Reorganization. A second issue was raised as to the proper transfer of shares purchased by In-tramerican Oil & Minerals, Inc...
Views: 0
OPINION ON OBJECTIONS TO LIEN CLAIMS ISSUES — FACTS—CONTENTIONS This matter is before the Court on the debtor’s objections to lien claims. The narrow issue is what must a Washington statutory mechanic’s lien claimant do to preserve or perfect the lien, if anything, when a bankruptcy is filed after the recording of the Notice of Claim of Lien but before commencement of a foreclosure p...
Views: 0
*352 Table of Contents Page I. Introduction 354 II. Bankruptcy filing 355 *353 Page III. Bankruptcy definition of insolvency 356 IV. Parties’ respective positions 357 V.Jesse Barr’s overview of Butcher banking system 357 VI.Internal balance sheets and bankruptcy schedules 359 VII.Forged and fictitious loans 359 VIII.Commercial ...
Views: 2
OPINION This is an action for breach of contract brought by two bankruptcy debtors, Stardust Inn, Inc. and E & G Restaurant Lounge, Inc., against Rajnikant A. Doshi. Although the case is a related proceeding, at trial the parties consented to the entry of a final judgment by the bankruptcy court. See 28 U.S.C. § 157(c)(2). For the reasons set forth below, judgment will be enter...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of the Chapter 7 Debtors, Randall É. Henson and Deborah Henson, to Reopen their case so that they may file Amended Schedules, listing a previously omitted creditor. The Motion alleges that the “Debtors filed their Chapter 7 petition ... on January 11, 1985”. The fact is, however, that the Debtors filed a Chapter 13 ...
Views: 2
*121 ORDER This matter is before the Court on the motion of the Federal Land Bank of Spokane (FLB) for dismissal of the Chapter 12 petition, or in the alternative, relief from the automatic stay. The facts and procedural background of the case are as follows. The Debtors originally filed a Chapter 11 petition on January 12,1983. On February 22, 1983, notice for a show cause hearing was is...
Views: 2
DECISION ON MOTION FOR SUMMARY JUDGMENT Plaintiffs filed this adversary proceeding to determine whether their lien rights in *482inventory of the debtor have priority over the lien rights of the defendant. Plaintiffs have moved for summary judgment and defendant opposes the motion. Plaintiffs claim a perfected security interest in inventory of the debtor at debtor’s Pryor, Oklahoma facility, pursu...
Views: 1
ORDER In this Chapter 11 proceeding, hearing was held on objection of secured creditors to the Debtors’ Amended Disclosure Statement, Certain objections were confessed by the Debtors as being based on inaccurate or incomplete data, and after hearing, the Debtors filed a Second Amended Disclosure Statement which corrected the admitted errors. Nevertheless, the Second Amended Disclosure Sta...
Views: 0
BACKGROUND The above named plaintiffs (the “plaintiff” or “Juniper”), on May 8, 1986, commenced this adversary proceeding against Herbert Kahn, the Chapter 7 Trustee of Bristol Terminals, Inc. and Hemingway Transport, Inc. (collectively, the “Debtor” or “Hemingway”). 1 In its complaint, Juniper alleges inter alia 1) that the Debtor, on or about May 18, 1983, while in Chapter II,...
Views: 0
MEMORANDUM OPINION CASE SUMMARY This matter is before the Court on the debtor’s uncalendared motion to convert the debtor’s Chapter 11 case to a case under Chapter 12. The Court is called upon to decide whether these debtors may convert their case as requested. FACTUAL AND PROCEDURAL BACKGROUND The debtors, Joseph E. and Ida Marie Anderson, filed a voluntary petition under ...
Views: 2
DECISION Movant filed this contested matter after more than 60 days had passed since the order for relief in the case, and debtor had failed to assume or reject its lease of nonresidential real property. The matter came on for a final hearing at which time testimony was heard. At the. conclusion of the hearing, we ruled in favor of movant, announcing on the record the reasons for that conclus...
Views: 1
*158 MEMORANDUM OPINION This adversary proceeding is an action by Vernon 0. Teofan, Trustee (“Trustee”), to avoid a transfer of certain real property by Spring Creek Investments of Dallas, N.V., Inc. (“Debtor”) to Herman F. Cools, Donald D. Allison, and Wintergreen/Hurst Joint Venture (collectively referred to as “Defendants”) under Sections 544, 548, 362, and 105 of the Bankrupt...
Views: 0
MEMORANDUM AND ORDER This matter comes to be heard on the motion of Brown Oil Company (“Brown”), lessor under a lease of non-residential real property, for immediate surrender of possession thereof by the debtor, BDM Corporation (“BDM”), pursuant to 11 U.S.C. § 365(d)(4). At issue is whether BDM effectively assumed the lease within sixty days after the filing of its Chapter 11 petition. For the...
Views: 1
MEMORANDUM OPINION AND ORDER The matters before the court are cross motions for summary judgment in this adversary proceeding brought by the chapter 7 trustee alleging a preferential transfer under 11 U.S.C. § 547 or, in the alternative, a fraudulent conveyance under 11 U.S.C. § 548. A hearing was held in Raleigh, North Carolina, on February 23, 1987. JURISDICTION This bankruptc...
Views: 0
The debtor filed for protection under Chapter 11 of the Bankruptcy Code on May 29, 1984. Steven M. Gates, debtor’s co-counsel, has submitted a final application for legal fees. The attorney for the creditors’ committee objects to this application because, in his view, the documentation is inadequate, the pre-petition services listed were not sufficiently connected to the filing of the petition,...
Views: 1
MEMORANDUM OPINION INTRODUCTION On February 27, 1987, Debtor filed a Complaint against the United States Department of Transportation Maritime Administration (“MARAD”) requesting the Court to exercise its equitable powers under Section 105 of the Bankruptcy Code (“Code”), and, notwithstanding MARAD’s apparent authority to sell Debtor’s barges under Section 362(b)(12) of the Code, stay such a ...
Views: 1
MEMORANDUM DECISION AND ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT AND DISMISSAL The debtor filed a complaint to avoid the State’s claim to his Supplemental Social Security Income (SSI) payment. Relying principally on the Eleventh Amendment to the U.S. Constitution, Vermont moved for summary judgment and dismissal. We deny the State’s motions because the Bankruptcy Code waives Vermont’s sovereign...
Views: 0
OPINION The Suffolk County Treasurer (“Suffolk Treasurer”), a statutory lien creditor, opposes confirmation of the debtor’s amended plan on the following grounds: (1) the debtor proposes to pay 10% interest on the property taxes now in arrears, which he is paying out over the life of the plan; the Suffolk Treasurer contends that 11 U.S.C. § 506(b) requires payment at 12%, the rate sp...
Views: 4
MEMORANDUM DECISION This is a motion by Philadelphia Life Insurance Company (“Philadelphia Life”) for leave to file a late proof of claim under Bankruptcy Rules 3003(c) and 9006(b)(1). A hearing on this matter was held May 6, 1986. At that time, the Court took the matter under advisement and allowed the parties two weeks in which to file simultaneous briefs and supporting affidavits. The Court,...
Views: 0
MEMORANDUM OPINION This cause came on for consideration upon the Motion of TANDY COMPUTER LEASING for modification of the automatic stay, for abandonment, and for a determination of non-avoidability of a transfer. The Trustee has objected to the relief sought. Debtor, VETERAN PLATE GLASS COMPANY, INC., filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on October 17,...
Views: 0
MEMORANDUM DECISION AND ORDER INTRODUCTION This matter is before the Court on a motion for contempt and sanctions filed on behalf of Willard Willis Wallman (“debtor”) by Attorney J. Bruce Blake on January 26, 1987. 1 Debtor substantively alleges that: 1) Bankruptcy Code Section 552 extinguishes a creditor’s otherwise properly perfected prepetition future crop security inte...
Views: 0
MEMORANDUM The matters before the Court are a motion by the plaintiffs in the above-captioned proceeding (the “Plaintiffs”) to remove and consolidate a similar state court proceeding with this adversary proceeding, and a motion by the defendant (the “Bank”) to abstain from hearing the adversary proceeding. For the reasons stated herein, the Court denies the Defendant's motion to abstain f...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on the Objection of Huntington National Bank to the Debtor’s Claim of Exemption in this Chapter 13 proceeding. The parties have argued their respective positions at the Hearing, and both parties were given the opportunity to file briefs on this matter. The Court has reviewed the arguments submitted, as well as th...
Views: 0
ORDER ON MOTION TO DISMISS This matter is before the Court on the Motion of T.S. MANN LUMBER COMPANY, INC., for dismissal of Plaintiff’s Complaint against it based upon lack of personal jurisdiction. For the reasons set forth below, the Motion to Dismiss is hereby overruled. Plaintiff-Debtor, VAN HUFFEL TUBE CORPORATION, filed a Petition for Relief under Chapter 11 of the Bankruptcy ...
Views: 1
ORDER This cause comes before the Court on the alleged Debtor’s Motion to Extend Time in which to file an Answer to an Involuntary Bankruptcy Petition. A Hearing has been held on this matter, and the parties have had the opportunity to argue their respective positions at that time. Both parties have submitted memoranda in support of their positions. The Court has reviewed these arguments,...
Views: 0
ORDER ON MOTION TO DISMISS CHAPTER 11 CASE THIS IS a Chapter 11 case and the matter under consideration is a Motion to Dis *589 miss the Chapter 11 Case. The Motion, filed by a group of individuals and by a corporation known as Southwind Airpark Association, Inc., is based on the contention that the Petition for Relief of R. Dawson Radio Corp. (Debtor) was filed in “bad faith...
Views: 4
ORDER ON MOTION TO IMPOSE SANCTIONS PURSUANT TO BANKRUPTCY RULE 9011 THE MATTER under consideration in this Chapter 13 case is a Motion to Impose Sanctions pursuant to Bankruptcy Rule 9011. The Motion is filed by Suncoast Schools Federal Credit Union (Suncoast), a secured creditor in the above-captioned case. Suncoast seeks an order from this Court sanctioning Roger Fishell (Fishell), cou...
Views: 0
MEMORANDUM DECISION I. INTRODUCTION At issue is a $40,775.00 claim against Gamma Fishing Company, Inc. (“debtor”), for an overdue insurance premium installment. Creditor Cosimo Cutri Insurance Company (“Cutri”) contends that $39,-800.00 of its claim is payable in full either as ah administrative expense per 11 U.S.C. § 503(b)(1)(A), or as part of an executory contract assumed by...
Views: 1
MEMORANDUM The question before the court is whether the trustee in bankruptcy in the case of C-L Cartage Company can recover payments it made to the defendant, City Bank, within a year before bankruptcy. The trustee contends that the payments are recoverable as preferential or fraudulent transfers. The debtor, C-L Cartage Company, was a corporation. At all the relevant times, its pre...
Views: 2
OPINION The procedural issues before the Court in this case are relatively simple ones concerning interpretation of Rules of Practice and Procedure in Bankruptcy (hereinafter referred to as “Bankr.R.”) 9023, 9014, and 7052, and the corresponding Federal Rules of Civil Procedure (hereinafter referred to as “F.R.Civ.P.”) 59 and 52(a). However, because they are issues which recur in matters ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff in the above entitled action. The parties have submitted their written arguments respecting the merits of this Motion and have had the opportunity to respond to the arguments filed by opposing counsel. The Court has reviewed those arguments as well as the entire record in t...
Views: 0
MEMORANDUM OPINION This cause is before the Court on the Motions for Summary Judgment filed by Defendants DPAC, INC. (“DPAC II”), and MALCOLM K. SHEPPARD (“SHEPPARD”) in the above-captioned adversary proceeding. PROCEDURAL POSTURE THE OHIO CORRUGATING COMPANY filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on Séptem-ber 30, 1985. Thereafter, but prior to Janu...
Views: 4
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Application of Cline Brothers Roofing, Inc. (hereinafter Cline) for Payment of Administrative Expense and the Trustee’s Objection thereto. The parties have agreed that this dispute involves solely issues of law and that the Court may resolve this dispute based solely upon the arguments of counsel. Pursuant to that agreement, t...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff in the above entitled adversary action. The parties have filed their arguments relative to the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments, the evidence, and the entire record ...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 11 adversary proceeding is a Second Amended Complaint for Breach of Contracts, filed by Trah Enterprises, Inc., the Debtor in the above-captioned case (Trah). Trah seeks to recover damages for injuries it allegedly sustained by the breach of certain contracts entered into with Lin-der Indust...
Views: 0
ORDER ON OBJECTION TO CLAIM This cause came on for consideration upon the objection of debtors, Edwin W. Jarrett and Donna L. Jarrett, to the claim of Joseph P. Habuda, Jr., (“Claimant”) in the amount of eight thousand & 00/100 dollars ($8,000.00), plus interest. A hearing was held on February 26, 1987, at which time debtors and claimant appeared with counsel. The matter is now before the...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff against the Defendant Target Industries (hereinafter Target). The parties have filed their arguments relative to the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments as well as the ...
Views: 0
MEMORANDUM DECISION I. INTRODUCTION This is an adversary proceeding to determine the dischargeability of a debt arising *957 from a pre-petition California state court judgment in favor of the plaintiffs (“Campbell”) against the debtor for intentional fraud. This court has jurisdiction to hear this matter pursuant to 28 U.S.C. and § 1334 and § 157(b)(1). This is a c...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion to Dismiss filed by the Defendant in the above entitled adversary action. The parties have filed their arguments relative to the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments as well as the entire record in this case. Base...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff in the above entitled adversary action. It also comes before the Court upon the Motion for Relief From Stay filed by the Defendant Toledo Telephone Employees Credit Union (hereinafter TTECU). The Court conducted a Pre-Trial conference in the adversary action and a Hearing o...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Michigan Milk Producers Association’s Motion To Require Trustee and K.W. Huffman To Reimburse the Estate For Unauthorized Disbursements. At the Hearing, the parties had the opportunity to present any evidence and arguments they wished the Court to consider relative to the merits of this Motion. Both parties have sub...
Views: 0
Creditor Owen Goldsmith appeals from an order granting debtor’s motion for summary judgment which dismissed creditor’s adversary complaint for nondischargeability. We reverse and remand. STATEMENT OF FACTS The debtor John Harck, a real estate salesman licensed by the Department of Real Estate of the State of California, was the owner of real property located at 1101 Palm Avenue, Marti...
Views: 2
This appeal raises a question of interpretation on which the courts are divided. California has exercised its prerogative under Section 522(b)(1) of the Bankruptcy Code (“Code”) to opt out of the exemption *614 scheme federal law provides debtors. Instead, California has enacted its own statutory scheme of exemptions. Cal.Civ.Proc.Code §§ 703.110 and 703.140. The trial court held t...
Views: 2
ORDER ON MOTION TO VACATE OR IN THE ALTERNATIVE, TO DISMISS THE MATTER under consideration is an Amended Complaint for Declaratory Judgment, Injunctive Relief and Order of Contempt, filed by Lake Cascade, Inc. (Lake Cascade), and a Motion to Vacate or in the Alternative, to Dismiss, filed by the Defendants named in the above-captioned adversary proceeding. The issues were submitted for this Court’...
Views: 0
OPINION AND ORDER The Trustee commenced this proceeding seeking to avoid and recover from defendant, J.P.S. Associates, post-bankruptcy payments made by debtor or one of its subsidiaries in order to satisfy a pre-bankruptcy indebtedness. Thereafter, defendant filed a Motion to Dismiss plaintiffs complaint pursuant to § 549(d) of the Bankruptcy Code. For the reasons provided herein, we grant def...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case, and the matter under consideration is a claim of non-dis-chargeability, or in the alternative, a claim to bar the discharge of Edward C. Hyers and Audrey P. Hyers, (Debtors). The claims set forth in five different counts are asserted by Patricia A. Bacon (Bacon), the Plaintiff who instituted this adversa...
Views: 0
ORDER ON MOTION TO DISMISS COMPLAINT FILED BY PROPERTY MANAGEMENT AND INVESTMENTS, INC. THIS IS a Chapter 7 liquidation case, and the matter under consideration is a Motion to Dismiss the Complaint filed by Property Management Investments, Inc. (PMI). The Motion is filed by the lawfirm of Johnson, Blakely, Pope, Bokor & Ruppel, P.A. (Johnson, Blakely), and the remaining Defendants named in the Co...
Views: 0
ORDER ON GERALD COURINGTON AND LOUISE COURINGTON’S THIRD MOTION FOR ADEQUATE PROTECTION OR FOR RELIEF FROM STAY THE MATTER under consideration is a Third Motion for Adequate Protection or for Relief From Stay filed by Gerald Cour-ington and Louise Courington (Couring-tons), creditors in the above-captioned case. The Couringtons’ First Motion for Relief From Stay was sought to be settled by the par...
Views: 0
ORDER This matter is before the Court on the request of STEWART MANUFACTURING CO., INC., for the dismissal of the instant Complaint as against it. The basis for the request is an allegation of improper venue. For the reasons set forth below, the Motion is overruled. Debtor-Plaintiff, VAN HUFFEL TUBE CORPORATION, filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on J...
Views: 2
ORDER This case is before the Court on cross-motions for judgment on the pleadings. The material facts, as alleged in the complaint and admitted in the answer, are as follows. The debtor, David Edward Betts, filed his Chapter 11 petition on June 3, 1985. Plaintiff was appointed as Trustee in the case on September 30, 1985. In his capacity as Trustee, plaintiff initiated this adversary proceeding o...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 7 adversary proceeding is a claim for relief asserted by the Trustee in a Complaint filed to Determine the Validity of Lien and to Allow Lien, If Any, To Attach to Proceeds of Sale (sic). In spite of the somewhat confusing title of the Complaint, what the Trustee seeks is an authorization fr...
Views: 0
OPINION I The sole issue in this case is whether a union fine imposed upon a member for strikebreaking activity should be excepted from discharge under Section 523(a)(6) of the Bankruptcy Code (“Code”). This Court holds that a union fine is dischargeable. In addition, we impose sanctions on the plaintiff under Bankruptcy Rule 9011. II FACTS Sandra Lyn Akridge, the “Deb...
Views: 0
OPINION The instant Motion to reopen the above-captioned bankruptcy case filed by one PRISCILLA 1 FORD (referred to hereinafter as “the Movant”) presents two (2) issues in an unusual factual matrix, which makes what are both essentially simple legal issues appear to be close questions. The first issue relates to the standing of a successor-in-interest of property of a debt- or ...
Views: 2
ORDER ON EMERGENCY MOTION TO SET SALE DATE AND MOTION TO REINSTATE THE AUTOMATIC STAY THIS IS a Chapter 11 case and the matters under consideration are two motions; *876 one filed by Newbern Groves, Inc. (New-bern); and the second by George T. Had-ley, the Trustee (Trustee), who is currently in charge of the affairs of Terramar Mining Corporation (Terramar), the Debtor of the above-captioned ...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 11 adversary proceeding is a Complaint to Recover Set Off filed by Moody & Newton, Inc. (Debtor), the Plaintiff in the above-styled adversary proceeding against Sun Bank/Suncoast, N.A., f/k/a Flagship Bank of Pinellas, N.A. (Sun Bank). The facts relevant to a resolution of the matte...
Views: 0
OPINION At issue in these Motions by four (4) related Debtors-in-Possession who have recently filed, with several other related entities, jointly-administered Chapter 11 bankruptcy Petitions, is whether we should grant contested Motions seeking approval of certain Stipulations by which the Debt *546 ors propose to obtain credit for the purpose of meeting direct job costs in connection with ce...
Views: 1
DECISION AND ORDER ON MOTION FOR LEAVE TO AMEND Plaintiff, trustee in the related bankruptcy case, filed this suit against defendant to recover a preference. The suit was originally filed June 24, 1985. The complaint alleges that defendant was an insider, and that various transfers occurred within one year before the date of the filing of the petition in bankruptcy, and these transfers should be s...
Views: 0
MEMORANDUM DECISION Patch Press, Inc. (“Patch Press”), filed a chapter 11 petition on July 15, 1982. On September 26, 1983, the Wisconsin Department of Revenue, (hereafter “the Department”), filed claim #87 for the following taxes: State of Wisconsin (claim #87) type of tax tax period tax due interest penalty total Sales 10/82 621.41 90.72 — ' $ 712.13 Withholding 11/1/82-1...
Views: 1
MEMORANDUM OPINION AND ORDER This adversary action pits the Trustee against Borchers & Heimsoth Construction Company, Inc. (defendant hereafter) to recover assets of the debtor allegedly fraudulently conveyed to defendant in violation of Section 548 as well as an alleged preference under Section 547. The facts are somewhat involved and need be set out in detail. Debtor was a corporat...
Views: 1
OPINION This is an action challenging the validity of a stock transfer involving two closely held corporations, one of which is presently a bankruptcy debtor. In order to more clearly describe the various issues raised by this case, it is helpful to first briefly set out the underlying transaction and the procedural history of the case. After doing so, I will address the threshold questio...
Views: 4
MEMORANDUM DECISION On February 27, 1985, the debtors, Arlyn V. Nett and Lois J. Nett, filed a joint petition for relief under chapter 7 of the Bankruptcy Code. Melvin Bahr and Mary Ann Bahr, plaintiffs herein, filed their adversary complaint on May 23, 1985, objecting to the debtors’ discharge under 11 U.S.C. § 727(a)(2)(A) and (B) and section 727(a)(4) and, alternatively, seeking that t...
Views: 0
OPINION The instant case presents us with an opportunity to consider another of the recurrent issues surrounding the confirmation of Chapter 13 Plans, one of which, the “good faith” requirement of 11 U.S.C. § 1325(a)(3), we addressed in In re Gathright, 67 B.R. 384 (Bankr.E.D.Pa.1986), application for appeal denied, 71 B.R. 343 (E.D.Pa.1987). At issue here is the “eq...
Views: 1
DECISION and ORDER ON OBJECTION TO CLAIM OF DONALD C. MALY The two cases in the caption were consolidated for purposes of administration. *175Debtor, Walter Koenig Co., is a corporation. The individual debtor, Edward Joseph Koenig, in the other case, is president of the corporation. Both cases were filed February 12, 1986. A plan for the cases was confirmed in December, 1986. Donald C. Maly was a...
Views: 0
OPINION Debtor filed a voluntary petition for relief under Chapter 7 and claimed an exemption in his residential property pursuant to 11 U.S.C. § 522. The first mortgagee has filed the instant complaint seeking this Court’s determination of the proper distribution of proceeds resulting from a Sheriff’s sale of the residence. The debtor had previously avoided a judicial lien which held first fil...
Views: 1
ORDER This Cause coming to be heard upon a Complaint Seeking Exception to Discharge filed herein and the Court, having heard the testimony and examined the evidence presented; observed the candor and demeanor of the witnesses; considered the arguments of counsel and being otherwise fully advised in the premises, does hereby find for the defendant and against the plaintiff and it is: ORDERED AND AD...
Views: 0
MEMORANDUM On November 4, 1986, counsel for the trustee, Stradley, Ronan, Stevens & Young *198 (“Stradley”), filed an application for final allowance of compensation and expenses in this chapter 7 case. Stradley requested allowance of $5,980.00 in fees and $54.67 in expenses. On January 15, 1987, the court entered an order approving $4,211.50 in counsel fees and the $54.67 in...
Views: 1
OPINION Presently pending before me is the application of Morris & Adelman, P.C. (applicant) for allowance of fees and reimbursement of costs. 1 The applicant is counsel for certain petitioning creditors in this involuntary chapter 11 bankruptcy case. A hearing on the application was held on November 5, 1986. Objections have been interposed by Union National Bank and Trust Co.,...
Views: 0
By order entered June 5, 1986, 64 B.R. 92, the court disposed, at least in part, of a controversy over the existence of a lien in favor of BancOhio National Bank (Banc-Ohio or Bank) on the proceeds of the 1985 wheat crop of the debtors. The court found that the Bank was indeed secured in a portion of the proceeds of that crop to the exclusion of First National Bank of Shelby, a subsequent lender,...
Views: 0
MEMORANDUM Before me is the supplemental final application of Mesirov, Gelman, Jaffe, Cram-er & Jamieson (“Mesirov”), counsel for the successor trustee in this chapter 11 case, for allowance of compensation and reimbursement of expenses. See 11 U.S.C. § 330. The application covers the period October 24, 1984 through August 26, 1986. *586 Mesirov requests $9,293.00 ...
Views: 0
OPINION In this adversary proceeding, the plaintiff, McCormack Terminal Company, Inc. (“McCormack”) seeks to establish a proof of claim against F.A. Potts and Co., Inc. (“Potts”), the Chapter 11 debtor/defendant, in an amount in excess of $15,000,000.00 *896based upon an alleged pre-petition breach of contract by Potts. Potts denies any liability to McCormack and filed a counterclaim for more tha...
Views: 0
Before the court are two matters for disposition: a motion by Elsub Corporation (hereinafter “Elsub”), the alleged debtor herein, to dismiss the involuntary petition filed against it by Playboy Enterprises, Inc. (hereinafter “PEI”) pursuant to Section 303(c) of the Bankruptcy Code, and a motion by PEI to add creditors to the involuntary petition filed by PEI against Elsub. *799 Thi...
Views: 0
*177FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: AMENDED APPLICATION FOR INSTRUCTIONS On January 14, 1987, the Distributing Trustee (“Trustee”) filed an Amended Application for Instructions with Respect to Participating Certificate No. GU-9-20. The matter was heard on January 29,1987, at which time Carol Dailey, Esq. represented the Trustee, Linda M. Katsuki, Esq. represented Daiichi Kanko Kaihatsu...
Views: 0
MEMORANDUM ON CHAPTER 12 CONVERSION MOTIONS The issue in these cases is whether this court may convert a bankruptcy case pending on November 26, 1986, the effective date of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, to a case under the newly enacted Chapter 12 of the Bankruptcy Code. BACKGROUND The above-encaptioned family farm cases...
Views: 1
MEMORANDUM DECISION AND ORDER DENYING MOTION TO LIFT STAY On December 8,1986, the Federal Deposit Insurance Corporation (“FDIC”) filed a Motion to Lift Stay so that it could proceed with the action entitled: “Federal Deposit Insurance Corporation, Receiver for Indian Springs State Bank v. Peter Michael Chessen”, Case No. 83-2476, in the United States District Court for the Dist...
Views: 0
MEMORANDUM OPINION The matter before the court is an objection to discharge brought by the debtor’s chapter 7 trustee, Algernon L. Butler, Jr., pursuant to 11 U.S.C. § 727. The debtor has filed a motion to dismiss this adversary proceeding, the motion was denied prior to trial, and the trial was held in Raleigh, North Carolina, on February 24, 1987. JURISDICTION This bankruptcy court has ju...
Views: 1
MEMORANDUM OF OPINION On October 8, 1986, the Court heard argument on a Motion to Modify Stay brought by the Veterans Administration in the captioned cause. The attorneys for the parties submitted briefs on the matter. *39 Facts Luther W. Ashford and Lassie F. Ash-ford (the Debtors) filed for protection under Chapter 7 of the Bankruptcy Code on May 16, 1986. The Cle...
Views: 1
MEMORANDUM On October 18, 1986, the Judiciary Appropriation Act of 1987, P.L. 99-500 (“Appropriation Act”) was signed into law.1 Section 407(b) of the Appropriation Act amended 28 U.S.C. § 1930(a)(1) by raising the filing fee for chapter 7 bankruptcies from $60.00 to $90.00. The Appropriation Act took effect immediately. On October 27, 1986, the Bankruptcy Judges, United States Trustees, and Fami...
Views: 0
First Interstate Bank of Hawaii (“First Interstate”) filed a Motion to Lift Automatic Stay on October 15, 1986, and the final hearing was held on December 10, 1986 and February 11, 1987. Present at the hearing were Cuyler Shaw, Esq., appearing for First Interstate, Susan Ichinose, Esq. and Christian Porter, Esq., appearing for the Trustee, Richard Kennedy. The Court, having reviewed and conside...
Views: 0
MEMORANDUM DECISION This voluntary chapter 11 petition was filed May 25, 1984. On May 23, 1986, the debtor, Flying “S” Land & Cattle Company, Inc. (Flying “S”), filed its complaint, pro se, against Robert J. Beaumont in a state district court in Las Vegas, Nevada, seeking damages for fraudulent misrepresentation and breach of contract. An amended complaint, pro se, w...
Views: 3
FINDING AS TO SHOW CAUSE ORDER On December 31, 1985 the court entered an order relative to chapter 11 operation and filing of plan which is customary in these chapter 11 proceedings. In that order the parameters for proper chapter 11 case administration are set forth, including reporting guidelines, payment of administrative tax claims, procurement and proof of insurance, etc. This order warns ...
Views: 0
FINDING AS TO MOTION FOR AUTHORITY TO SETTLE INSURANCE CLAIM I. Finding of Fact On November 7, 1984 Richard Haas dba Trak Manufacturing Corporation inter alia filed a petition under chapter 11 of title 11 of the United States Code; to date, he has not filed a disclosure statement or a plan of reorganization. The debtor lists four secured creditors, two of which, Bank O...
Views: 2
*622 ORDER THIS MATTER comes before the Court sua sponte after Plaintiff/Trustee, John M. Gstalder (the “Trustee”) filed a complaint against Defendant, Wyatt Seward (alternatively “Seward” or “J & S”). The complaint seeks recovery of an account receivable allegedly owed to the Trustee by Seward. No Summons and Notice of Trial has yet been issued because the ...
Views: 2
MEMORANDUM AND DECISION The debtor has made application to convert this case from Chapter 11 to Chapter 12. The trial of the issues has been in two parts. The legality of converting a pre-No-vember 1986 Chapter 11 case to Chapter 12 *758 was discussed in a previous opinion by this Court. In re Robert Mason, 70 B.R. 753 (Bkrtcy.W.D.N.Y.1987). In that case, it was concluded that the Court c...
Views: 0
DECISION The debtor, an attorney, filed a petition under chapter 13 of the Bankruptcy Code on October 28, 1986. Appearing pro se, he has now filed a motion asking that sanctions be imposed against the Wisconsin Supreme Court and the Wisconsin Board of Attorneys Professional Responsibility for violation of § 362(a) of the Bankruptcy Code, in that they are attempting “... to collect, assess...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the motion of the debtor, NTW Incorporated (“NTW”), to strike the demand for a jury trial noted both in the claim against the estate filed by Transpro Corporation (“Transpro”) and in Transpro’s answer to the counterclaim asserted by NTW. Trans-pro has opposed the motion, arguing that its claim against the estate rests upon claims at...
Views: 1
Appellant, Vanderpark Properties, Inc., lessor of non-residential real estate to the debtor, appeals from an order of the bankruptcy court allowing the debtor to assume a lease with appellant upon the cure of all defaults. The lease has subsequently been sold free and clear of all liens and interests for $106,000 with Vanderpark’s interest attaching to the proceeds of the sale. Van-derpark cont...
Views: 2
DECISION AND ORDER RE OBJECTIONS TO PROFESSIONAL FEES FOR SEPTEMBER AND OCTOBER, 1986 Early in the history of this case, on March 4, 1986, an order was entered entitled Order Under 11 U.S.C. § 331, Authorizing Procedure for Interim Payment of Professional Fees and Expenses. In that order, a mechanism was set up whereby professionals authorized to act in the case could make application on a mont...
Views: 0
DECISION Heard on January 27 and 28,1987, on the trustee’s complaint seeking to recover preferential transfers 1 from certain of the above named defendants, to avoid a transfer of the debtor’s real property, and to' revoke the debtor’s discharge. The relevant facts 2 are summarized briefly as follows: On March 30,1986, Consuelo Everetts filed a Chapter 7 petition, primarily to stay the co...
Views: 0
ORDER DENYING DEBTOR’S DISCHARGE This proceeding came on for trial on December 5, 1986. Tim D. Wermager appeared for the plaintiff, and Richard J. Pearson appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C. §§ 157(b)(2)(I) and (J). Based on the evidence, arguments of counsel, and th...
Views: 1
OPINION The instant Motion for Relief from Stay, before us for disposition on the basis of a record developed only by means of pleadings, i.e., the Motion for Relief and the Debtor’s Answer thereto, obliges us to consider once again the same issues regarding the burdens of proof on such motions that we previously covered in our Opinion in In re Stranahan Gear Co., 67 B.R. 834 (Bankr.E.D.Pa.19...
Views: 1
FINDING AS TO FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE OFFICIAL UNSECURED CREDITORS’ COMMITTEE On December 5, 1986 Brouse & McDowell, attorneys for the official unsecured *997 creditors’ committee for Terex Corporation, filed its application for final compensation and reimbursement payments with supporting itemization requesting compensation in the ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on Creditor, Billy Soto’s Complaint for Non-Dischargeability against Debtor, Pedro E. Cabrera, Sr., pursuant to 11 U.S.C. Section 523(a)(2)(A). The Court, having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of counsel, and being otherwi...
Views: 1
OPINION In the matter at hand, the debtor’s vehicles were impounded after this Court had entered an Order for Relief on an involuntary Chapter 11 petition. The debtor filed *653 a motion for turnover of the vehicles and the respondent answered and counter-motioned. Before this Court is the counter-motion of the respondent for imposition of an equitable lien upon motor vehicles and payment of ...
Views: 0
OPINION Perhaps the most distasteful of the numerous Motions before the Court in the course of the administration of these five (5) jointly-administered cases is a dispute between two (2) law firms as to which creditors should be deemed to be members of the “official” Committee of unsecured creditors in this case and as to whether each or both of these firms should be designated as counse...
Views: 2
OPINION AND ORDER E.P. Associates, Inc. (the “Claimant”) has filed a claim against the debtors in this Chapter 13 proceeding, Anthony J. Nar-done and Linda M. Nardone (the “Debtors”), in the sum of $41,775.74 plus interest and additional legal expenses. The claim includes $6,166.40 in already incurred legal expenses, and credits the Debtors with $5,500 as the approximate value of the coll...
Views: 1
MEMORANDUM OPINION This matter is before the court upon the objection by Ronald R. Sticka, trustee, to the debtors’ claim of exemption in a mobile home and five acres of land. On May 20, 1983, debtors filed for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. On June 17, 1983, debtors filed their bankruptcy schedules including a Schedule B-4, property claimed as exempt....
Views: 0
*673 ORDER Kentucky Finance, Inc. (“Creditor”), filed a motion for relief from stay in this case on January 19, 1987. The motion was heard on February 24, 1987 at which time the facts were stipulated between counsel including a stipulation that the Debtor in this case is “an individual debtor whose debts are primarily consumer debts” as that phrase is used in § 547(c)(7) of the B...
Views: 1
REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Louisiana referred all such cases t...
Views: 0
MEMORANDUM OPINION INTRODUCTION On May 27, 1986, the Debtor (“Douglas”) filed his voluntary Chapter 7 petition. On August 6,1986, Gordon F. Webb (“Webb”), the divorce attorney for Douglas’ former spouse, Pamela, filed a two count Complaint against Douglas. In the first count, Webb requested that Douglas’ case be dismissed pursuant to 11 U.S.C. § 707(b), or, *691 in the a...
Views: 0
ORDER This Chapter 11 case is before the Court pursuant to applications for fees filed by E. Hanlin Bavely, trustee and attorney for the trustee; Porter, Wright, Morris and Arthur, original attorneys for the debtor, Neil J. Schaeffer; and Cohen, Todd, Kite and Stanford, successor attorneys for the debt- or. Fees are sought for work performed on a complex suit brought by the trustee seekin...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the debtors’ motion to direct the Legal Representative to represent CHARLES L. ALBAN and THOMAS E. ANDERSON. Both Charles L. Alban and Thomas E. Anderson claim to have been exposed to asbestos manufactured by the debtors. However, neither has yet manifested any signs of asbestos-related disease. Nevertheless, Mr. Alba...
Views: 1
PROCEDURAL BACKGROUND This .adversary proceeding came before the Court for trial on September 4, 1986 to determine the dischargeability of a particular debt of the defendants pursuant to 11 U.S.C. § 523(a)(6). Upon consideration of the evidence, arguments, and briefs presented by the parties, the Court renders the following opinion which shall constitute the findings of fact and conclusion...
Views: 3
ORDER This Chapter 7 case is before the Court pursuant to a motion to abandon filed by Citizens National Bank of Ripley, Ohio (hereafter “Citizens National”) and an objection to the motion filed by the trustee. The pertinent facts surrounding this dispute are uncontroverted. The debtor was a retail distributor of petroleum products located in a rural area of southern Ohio. The goods which are...
Views: 0
MEMORANDUM OPINION The Plaintiff, Trustee for the estate of Empire Pacific Industries, Inc. (“EPI”), filed this adversary proceeding to collect an outstanding balance of $18,227.95 owed to EPI by the Defendant, Mill-Rite Sash & Door Co., Inc. (“Mill-Rite”). Mill-Rite counterclaimed for $25,936.09 on the basis of alleged defects in certain doors supplied by EPI, and on the basis that the d...
Views: 0
*313 REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Western District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). The United States District Court for the Western District of Louisiana referred all such cases to the Bankruptcy Judges for the district and ordered the Bank...
Views: 0
MEMORANDUM OPINION This adversary proceeding was tried before the court upon the plaintiff-creditor’s complaint seeking a denial of the debtor’s discharge on various grounds under § 727 of the Bankruptcy Code. The case was originally tried on September 17, 1986, but thereafter the plaintiff moved to reopen the case to introduce additional evidence, which motion was granted and a continued trial...
Views: 0
REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising in a case under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Louisiana referred all such cases ...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came for hearing on the debtor’s objection to allowance of claim No. 4 of the State of Missouri on October 7, 1986. The debtor, Koontz Aviation, Inc., appeared by and through its president, Robert Christine, and through counsel, Thomas M. Mullinix. The State of Missouri appeared by and through counsel, Sharon Willis and H. Dean Cotton. This Court o...
Views: 3
OPINION CLASSIFICATION OF ENVIRONMENTAL CLEAN-UP COSTS IN BANKRUPTCY The movant, the Environmental Protection Agency (“EPA”), has incurred certain expenses in performing an environmental clean-up at the site of the debtor’s former operations. The EPA now asks this Court to determine the estate is liable for these costs under the Comprehensive Environmental Response, Compensation, and...
Views: 2
SUPPLEMENTAL MEMORANDUM OPINION This matter came for trial on the plaintiff/debtor-in possession’s complaint for turnover of property on January 9, 1987. The debtor-in-possession, Marvin Gardens Landscapers, Inc., appeared by and through counsel, Rolland Exon and Greg T. Spies. The defendant, E.H. Hall Contractors, Inc., appeared by and through counsel, Gordon Gaebler and Charles E. Fowler, III. ...
Views: 2
MEMORANDUM OPINION AND ORDER ON MOTION TO RECONSIDER ORDER, AND ON MOTION OF TRUSTEE TO ASSUME AND ASSIGN EX-ECUTORY CONTRACT This cause is before the Court on the Motion of Flouropak Container Corporation *687 (Flouropak) and the Trustee for reconsideration of this Court’s Order of March 6, 1987 which denied the Trustee’s Motion to Assume and Assign an Executory Contract. Th...
Views: 1
MEMORANDUM OF DECISION AND ORDER On February 6,1987 the motion for interim adequate protection, filed by the debtor-in-possession (debtor) on February 2, 1987, and the resistances filed by Interstate Power Company (Interstate) and Fluor Constructors, Inc. (Fluor) on February 6, 1987 came on for hearing before the undersigned in Des Moines, Iowa. With respect to this motion, Salvatore A. B...
Views: 0
MEMORANDUM OF DECISION AND ORDER On October 7, 1986 a motion pursuant to Rule 3012 to determine value of secured claims and for order compelling debtor to sell property free and clear of liens pursuant to section 363(f) and for expedited emergency hearing, or in the alternative, for relief from stay was filed on behalf of Southwest Tracor, Inc. On the same date, another motion for relief ...
Views: 2
MEMORANDUM OPINION AND ORDER This matter came for hearing on September 24, 1985, on the “Debtors’ Objection to Claim Filed by Iron Horse Motors and Debtors’ Motion for Order Determining the Nature and Extent of Creditor’s Interest in Debtors’ 1976 Chevrolet.” The debtors ap *699 peared by and through their attorney, Mark Neis. The creditor did not appear, Lloyd C. Swartz appeared as standing ...
Views: 0
MEMORANDUM DECISION This adversary proceeding to determine dischargeability was ably tried to the court on December 4, 1985. The plaintiff State National Bank of Platteville appeared by its attorneys Howard, Peterman, Eisen-berg, Solocheck & Nashban, S.C., by C.' Scott Pryor; the defendant Paul Cullen appeared by his attorneys Murphy & Desmond, S.C., by Tim R. Valent...
Views: 2
MEMORANDUM OPINION This is a proceeding by the Debtor-in-Possession, CJL Co., seeking an Order requiring the Bank of Wallowa County (“Bank”) to turn over $19,904.82. CJL asserts that the Bank has no interest in the funds and wrongfully debited its account prior to the filing of the petition in bankruptcy. The Bank responds that it holds the funds pursuant to the agreement of the parties t...
Views: 3
MEMORANDUM OPINION AND ORDER Madison M. Gray has moved for summary judgment on his objection to proof of claim filed by Gene A. Murray. Summary judgment is available in contested bankruptcy matters when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law by virtue of Bankruptcy Rules 12-62, 914 and 756. Gray’s objection alleges four bases for ...
Views: 0
MEMORANDUM OPINION AND ORDER Harold L. and Virginia A. Truxon are Chapter 13 debtors. They have proposed a five-year plan that purports a 100% payout to secured and unsecured creditors. Sussex Trust Company is the holder of an allowed secured claim in the amount of $45,137.96 based upon a set fa judgment entered July 9, 1985 (proof of claim filed March 13, 1986). Sussex Trust Company has objected ...
Views: 0
ORDER . On March 5, 1987 the United States of America on behalf of the Farmers Home *625Administration filed an application to reconsider order filed February 26, 1987. The government asked the court to void the earlier order granting the debtors’ motion to avoid the liens of the Farmers Home Administration and the Small Business Administration as to the debtors’ exempt machinery and livestock. In...
Views: 0
MEMORANDUM OPINION AND ORDER This matter came for hearing on October 7 and 8, 1986, on Guaranty National Insurance Company’s application for the allowance of an administrative expense claim. Two parties filed objections: (1) The debtors-in-possession; and (2) Hyman S. Golub and Company. Guaranty National Insurance Company appeared by and through its attorneys, Frank Wendt and Ernest N. Ya...
Views: 2
REASONS FOR JUDGMENT I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Louisiana referred all such cases to the Ban...
Views: 2
DECISION ON OBJECTION TO CLAIM OF LATHAM SPARROWBUSH ASSOCIATES The Chapter 11 trustee of Cohoes Industrial Terminal, Inc., the debtor in this case, invokes Bankruptcy Rule 3007 and objects to the claim of Latham Sparrowbush Associates (“LSA”), the debtor’s former lessor. LSA has filed a claim against the debtor in the total sum of $2,504,255.70, arising out of a written lease between LSA...
Views: 1
OPINION I This appeal raises the question of whether a debt is duly listed for the purposes of Section 523(a)(3) of the Bankruptcy Code (“Code”). The creditors’ address was incorrectly listed, causing the creditors to be deprived of notice of the pendency of the bankruptcy until after the bar date to determine dischargeability had passed. Finding that the record on appeal is inadequa...
Views: 1
ORDER On February 3, 1987 a hearing on confirmation of the debtors’ Chapter 13 plan as amended was held in Council Bluffs, Iowa. General Motors Acceptance Corporation (GMAC) had filed an objection to the debtors’ amended plan on February 2, 1987. Roberta J. Megel appeared on behalf of the debtors. Judith Spindler appeared on behalf of GMAC. Joe Warford, the Chapter 13 trustee was also pre...
Views: 0
MEMORANDUM AND ORDER The matter before the court is a Motion To Dismiss Or In The Alternative Motion To Lift Stay, filed by Federal Land Bank of St. Paul (FLB) on February 13, 1987, one day following the date the debtors, Gary and June Stedman (Debtors), filed their Chapter 12 petition. The Debtors had previously been in Chapter 11, with their case being dismissed during the summer of 1986. FLB...
Views: 1
MEMORANDUM OF DECISION Debtors, Eugene Laurence Jones and Emma Gertrude Jones (“Jones”), object to the allowance of the claim of Albert Fisher (“Fisher”) filed in the amount of $1,000. Although the debtors cite no basis for their objection, it appears to be predicated upon 11 U.S.C. § 502(b)(1). Section 502(b)(1) states: [I]f ... objection to a claim is made, the court, after no...
Views: 2
*601MEMORANDUM DECISION NSB has moved under Rules of Bankruptcy Procedure, Rules 7052(b) and 9023, for this Court to alter or amend its September 29, 1986 Decision. From the bench, we ruled that NSB, by virtue of its status as an assignee of an assignment of lease and rents, which was collateral for an obligation of the debtor to NSB, was not entitled to partake of the proceeds from the pending s...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The issues presently before us in these inter-related matters require us to make a very fine determination of a public housing tenant’s interest in a continuing tenancy in her public housing unit when her eviction was but a small step away from consummation prior to her bankruptcy filing. However, because the housing authority seeking he...
Views: 2
In many ways, the various aspects of the Motion before us which are addressed in this Opinion — an effort by the suppliers of programming to the Debtor television stations (hereinafter referred to as “the Programmers”) to compel the Debtor stations to immediately resume full payment of their obligations under license contracts with the Programmers — are among the most fascinating of those raise...
Views: 2
OPINION Before me is a motion filed pursuant to Bankr. Rule 9023 requesting that I reconsider an order of this court denying defendants’ motion to dismiss. For the reasons set forth below, I will grant in part and deny in part defendants’ motion for reconsideration. I. For purposes of deciding this motion, plaintiff’s allegations set forth in its second amended complaint are acc...
Views: 1
MEMORANDUM OPINION The instant adversary case was commenced by the trustee seeking a determination of the validity and priority of liens claimed by First Bank North Dakota, N.A.Jamestown (Bank) and the Internal Revenue Service of the United States of America (IRS) in $87,144.28 representing proceeds stemming from the sale of real property by Reuben and Iola Scherbenske (Debtors) to purcha...
Views: 0
ORDER Presently pending before the Court are objections to the above-styled debtors’ inclusion of Health Education Assistance Loans (“HEAL”) in their Chapter 13 composition plans, filed by plaintiff, the United States of America, on behalf of its agency the Department of Health & Human Services (“HHS”). 1 In several of the underlying adversary proceedings, HHS also filed compla...
Views: 1
ORDER The matter before the Court is the Motion of Analytical Systems, Inc. (“debtor”), for an order compelling discovery from ITT *410 Commercial Finance Corporation. (“ITT”). ITT claims to be a secured creditor of the debtor and has filed a Motion for the Appointment of a Trustee which was scheduled to be heard by the Court on January 15, 1987. The debtor’s Motion to C...
Views: 1
ORDER This matter is before the court on a Motion For Summary Judgment filed by the plaintiffs, Henry and Fern Walther (Walther) on March 9, 1987. By complaint filed February 3, 1987, and as amended February 20, 1987, Walthers, as vendors on a contract for deed, seek judgment determining that the bankruptcy estate no longer has an interest in the property by virtue of the expiration of a stat...
Views: 2
This adversary proceeding was commenced by the filing of the Complaint on May 19, 1986. The action seeks to set aside an assignment by Debtors to Defendant of an interest in a Note and Deed of Trust, alleging that the assignment violates the provisions of 11 U.S.C. § 549. Defendant answered herein on June 24, 1986 alleging various defenses including the expiration of the applicable statute of l...
Views: 1
MEMORANDUM OF DECISION AND ORDER ON STANDING OF AN UNIMPAIRED CREDITOR TO OBJECT TO CONFIRMATION OF A CHAPTER 11 PLAN OF REORGANIZATION On February 20, 1987, the debtor, Wonder Corporation of America and Waldco, *1019 Inc. (“the Proponents”) filed an Amended Disclosure Statement and an Amended Joint Plan of Reorganization. On February 25, 1987, the Proponents filed a Statement Amending Debtor...
Views: 1
MEMORANDUM AND ORDER This matter is before the court on the trustee’s objection to the debtors’ claim of exemption. In a Chapter 7 petition filed September 2, 1986, the debtors’ claim an absolute exemption in Lot 3, Block 8, Original Townsite, Minot, North Dakota. The exemption is claimed under North Dakota Century Code § 28-22-02(7) which accords the head of a family an absolute exemption in...
Views: 1
ORDER DENYING EXEMPTION This matter came on for hearing on February 3,1987, on the motion of the trustee objecting to debtor’s claimed exemptions. Specifically, the trustee objects to the debt- or’s claim that a $19,000 annuity purchased from First Colonial Insurance Company is exempt under Minn.Stat. § 550.37, subd. 24. The trustee further requests that I determine that the debtor’s exemption ...
Views: 0
MEMORANDUM OF DECISION I. Before the court is the motion of the United States Army (Army) for enlargement of time in order to file a proof of claim. The parties agree that the motion, although not so internally identified, is based upon the provisions of Bankruptcy Rule 9006(b)(1), which states that when an act is “allowed to be done at or within a specified period ... by order of co...
Views: 1
STATEMENT OF CASE On September 3, 1981, Georgia Steel, Inc., d/b/a Eastern Crane & Equipment, d/b/a Plate Services, d/b/a Georgia Struc-turals, and d/b/a Quickwork, Debtor, filed a petition under Chapter 11 of the United States Bankruptcy Code. On October 29, 1982, Debtor’s Chapter 11 case was converted by the Court to Chapter 7 of the United States Bankruptcy Code, and J. Coleman Tidwell,...
Views: 2
ORDER The above captioned matter came before me on the motion of Robert F. Stahl, Jr. and Merrimac Associates (Stahl) for approval of their administrative expense claim of $60,934.85 and payment of the unpaid amount of $39,182.05. Stahl requests payment under 11 U.S.C. § 506(c) from property of the debtor which is collateral for a secured loan from Norwest Business Credit, Inc. (NBCI). This cou...
Views: 1
ORDER This matter came on before me on February 24, 1987, on the motion of Michael Lawrence and Stern, Levine, Lifson & Strauss, P.A. for payment of attorneys fees and costs pursuant to 11 U.S.C. § 503(b)(3)(D) and (4).1 This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334, § 157(b)(1) and Local Rule 103(b). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (...
Views: 1
OPINION Before the court is the complaint of the plaintiff, Charles Exner, objecting to the discharge of the debtor in his Chapter 7 case. In short, the plaintiff loaned approximately $54,000.00 to the debtor to help him *713 start his own construction business. These loans were evidenced by notes signed by the debtor and were not paid as of their due dates. The plaintiff argues that the debt...
Views: 1
ORDER Before the Court is Tesoro Savings & Loan Association’s (“Tesoro”) Motion to Clarify or Modify Order. Tesoro filed their motion on January 15, 1987. In the motion Tesoro requests this Court to clarify or modify certain language in the final paragraph on page 11 of this Court’s Order filed January 7, 1986. 1 The Third National Bank in Knoxville and Panelized Technology, In...
Views: 1
ORDER The above-styled bankruptcy case came on before this Court on January 9, 1987, (i) on a Complaint for Injunctive Relief brought by J.L. Stargel, the debtor, (ii) on a Notice to sell certain properties specified in a Notice of Sale dated November 19, 1986, and (iii) on an Objection to the proposed *701sale of such properties filed by Elora Star-gel on December 8, 1986. The parties stipulated ...
Views: 0
ORDER DISMISSING APPEAL The motion (C.P. No. 40) of the defendant/appellee to dismiss this appeal on account of the failure of the plaintiff/appellant to comply with the requirements of B.R. 8006 was heard on December 29. The motion is granted and this appeal is dismissed. The motion is heard by this court pursuant to Local Rule 27 A of the District Court. Bankruptcy Rule 8006 requires that...
Views: 1
MEMORANDUM OF DECISION I BACKGROUND A The matter before the court is an inter-pleader action to determine the competing claims of John Peter Galanis (“Galanis”), Armstrong Capital, S.A. (“Armstrong”), Milton I. Schwartz and Misco, Inc. (Schwartz/Misco”), and the Dayton Company (“Dayton”) to property held by the plaintiff upon dismissal of an involuntary Chapter 7 petition w...
Views: 0
MEMORANDUM OF DECISION The matter before the court is the objection of Bertrand J. Lagasse and Catherine Lagasse (the debtors) to the amount of attorney fees included in a claim filed in their chapter 13 case by Society for Savings (Society). The following facts are taken from the case file and a brief evidentia-ry hearing held on February 3, 1987. I. Society holds a first mortg...
Views: 0
ORDER DENYING CONFIRMATION AND DISMISSING CASE The Order Confirming Debtor’s Second Plan dated December 1, 1986, 68 B.R. 201 (C.P. No. 350) was vacated December 23 and the confirmation hearing of October 20 was continued to January 22, 1987. (C.P. No. 360). The continued confirmation hearing was rescheduled for and held on March 12, 1987. (C.P. No. 371). The reconsideration of the Confirmatio...
Views: 1
MEMORANDUM DECISION AND ORDER DENYING ATTORNEY’S FEES AND SANCTIONS At issue is the entitlement of a disgruntled former attorney for a 50% shareholder of the debtor to fees for services which the *964 attorney rendered both prior and subsequent to the filing of the debtor’s chapter 11 petition. The case was filed in an effort to realize value from a lease for premises from wh...
Views: 1
MEMORANDUM OPINION Facts This matter comes on upon the Motion to Dismiss the Chapter 7 proceeding of Richard Bartlett Cecil, Jr. and Cheryl Theresa Shaw Cecil (hereinafter referred to as “the Cecils”) filed by Richard R. Markley and Suzanne M. Markley (hereinafter referred to as “the Markleys”). As grounds for dismissal, the Markleys assert 11 U.S.C. § 707(a) and § 707(b). T...
Views: 2
MEMORANDUM AND ORDER This matter is before the Court on the • motion of Daniel G. Niles and Peggy L. Niles (“Debtors”) to avoid a lien pursuant to § 522(f) of the Bankruptcy Code (11 U.S.C. § 101 et seq. (1986)). Prior to filing a petition for relief under Chapter 13 of the Bankruptcy Code the Debtors borrowed $7,227.87 from Associates Finance Inc., (“Associates”). As secu...
Views: 0
ABSTENTION ORDER AS TO DETERMINATION OF DEBTOR’S LIABILITY WITH RESPECT TO TWO CLAIMS (MENDEZ-CRUZ AND VIL-LAVICENCIO) This debtor’s chapter 11 plan has been confirmed. When it recently filed for bankruptcy, it was defending two pending actions by former employees, each claiming $500,000 compensatory and punitive damages. The Mendez-Cruz claim is in the District Court for this District on a c...
Views: 1
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on a motion for determination of extent of tax liability filed on behalf of Larry and Marva Brandenburg (“debtors”) by Attorney J. Bruce Blake on February 2, 1987. 1 Debtors substantively allege that nonconsensual oversecured lien creditors, including statutory lien holders, are not entitled to int...
Views: 4
MEMORANDUM OPINION Presently before the Court are two actions, wherein the Debtor requests that this Court rescind a contract for the purchase of certain real property, and also requests damages, alleging that the Defendants caused Debtor harm. The contract action was commenced in the state court, and was removed to this Court following the filing of the Debtor’s Chapter 11 bankruptcy. Defendants...
Views: 0
ORDER DENYING MOTION FOR ATTORNEY’S FEES The debtor/defendant’s motion (C.P. No. 10) to recover attorney’s fees under 11 U.S.C. § 523(d), following the successful defense of an adversary proceeding seeking exception from discharge, was heard on December 16. The debtor is entitled to recover his legal expense: if (a) the position of the creditor was not substantially justified and (b) the debt i...
Views: 0
ORDER DENYING CONFIRMATION AND DISMISSING CASE A confirmation hearing was held in this chapter 11 case on January 27, 1987. Ruling on confirmation was reserved by an order requiring the debtor to comply with certain requirements not later than February 17 (C.P. No. 43). The debtor states in a motion to dismiss (C.P. No. 44) filed on February 27 that it is unable to comply with the requirement in t...
Views: 0
ORDER DENYING REHEARING The debtor’s timely motion for rehearing (C.P. No. 84) addressed to the January 20 Order Denying Confirmation and Dismissing Case (C.P. No. 81) was heard February 10. The motion is denied. Movant argues that two ballots from parties who had not filed proofs of claim should have been counted because the debtor now wishes to withdraw its denial of those claims. The cre...
Views: 1
MEMORANDUM OPINION Before the Court are the fee requests of Counsel to the Trustee, Special Counsel to the Trustee, and Accountant to the Trustee in this Chapter 7 liquidation case. All of the above-mentioned parties have received interim compensation and presently seek a final distribution, so that the case may be closed. Due in large part to our displeasure with the manner in which some of ...
Views: 0
MEMORANDUM OPINION Before the Court is Debtor’s Complaint For Recovery Of Property Of The Estate pursuant to 11 U.S.C. § 549(a), and Defendant’s Counterclaim thereto. The Debtor seeks Court approval for the return of lease payments made to the Defendant, pursuant to § 549(a) of the Bankruptcy Code, from the date of the bankruptcy filing. Defendant seeks Court authorization to retain said paym...
Views: 0
MEMORANDUM OPINION Pending before the Court is an Amended Proof of Claim filed by the United States of America for the Department of the Navy (“Navy”) and the Debtor’s Objection thereto. The Debtor urges this Court to deny the claim as being unreasonable and not setting forth with specific detail any damages or any evidence that would support the liquidation of the Navy’s claim in th...
Views: 1
OPINION STANDING TO BRING A CLAIM UNDER 11 U.S.C. § 506(c) The defendants have brought a motion to dismiss Count I of the plaintiffs’ complaint on the grounds that the plaintiffs have no standing to bring a motion pursuant to 11 U.S.C. § 506(c). The plaintiffs are employee benefits funds that covered the debtors’ employees. The defendant banks and insurance companies were the de...
Views: 2
OPINION On March 4, 1985, various creditors of Dr. Richard G. Paolino and his wife, Elaine M. Paolino, filed an involuntary chapter 11 bankruptcy petition against them. On May 24, 1985, this court entered an order for relief against the debtors. In re Paolino, 49 B.R. 834 (Bankr.E.D.Pa.1985). On October 2, 1985, the court appointed a trustee over the debtors’ objection. I...
Views: 1
72 B.R. 135 (1987) In re PLACID OIL COMPANY, Debtor. Bankruptcy No. 385-33419-A-11. United States Bankruptcy Court, N.D. Texas, Dallas Division. April 7, 1987. *136 Henry W. Simon, Jr., Sterling Steves, Simon, Anisman, Doby, Wilson & Skillern, Fort Worth, Tex., for Placid Oil Co., debtor. Richard G. Dafoe, Vial, Hamilton, Koch & Knox, Dallas, Tex., for American Independent Underwriters Co...
Views: 0
MEMORANDUM OPINION This matter comes before the court upon the motion of the debtors-in-possession (debtors) to convert their Chapter 11 case to a case under the newly enacted Chapter 12 provisions of the Bankruptcy Code. Two secured creditors, United States National Bank of Oregon (USNB) and The Federal Land Bank of Spokane (FLB) opposed the motion. The parties, through their respective ...
Views: 1
AMENDED Memorandum and Order This matter comes before the Court on the motion of Fruehauf Corporation (“Fruehauf”) for allowance of administrative claims, as more fully described below. The Debtor in this case has also filed a motion for summary judgment in its favor as respects the Fruehauf motion. 1 Frue-hauf has responded with its own cross-motion for partial summar...
Views: 2
MEMORANDUM OF DECISION Ellis R. Huizar d/b/a Southwest Motor Home and Huizar Motor Homes (“Huizar” or “Debtor”), filed an adversary proceeding to avoid Deed of Trust Lien and to set aside Warranty Deed and transfer of real property for alleged fraud and deceptive trade practices. The Defendant, Bank of Robstown (“Bank”) filed a counterclaim asserting that this action was groundless and brought ...
Views: 5
MEMORANDUM OF OPINION AND ORDER This matter came on for hearing upon the motion of the Debtors for valuation of certain secured property. Due notice was properly made upon all parties entitled thereto. Upon review of the pleadings and argument of counsel, the following constitutes the findings of the Court pursuant to Rule 7052, Bankr. Rules: I. The Debtors caused to be filed th...
Views: 0
*634 MEMORANDUM AND ORDER The First National Bank of Deerfield (“Plaintiff”) has filed a complaint which seeks to bar the discharge of the debtor Gerson E. Lewis (“Debtor”) under the provisions of 11 U.S.C. §§ 523 and 727. Joseph Cohen (“Successor Trustee”) has joined the Plaintiff as an additional party plaintiff as respects the right of the Debtor to a discharge under the provisions of § 72...
Views: 1
*963 OPINION Resolution of the Motion before us causes us to consider some of the most basic issues relevant to 11 U.S.C. § 365, that section of the Code addressing “Exec-utory contracts and unexpired leases,” which we have also touched upon in our two recently-filed Opinions, In re Grant Broadcasting of Philadelphia, Inc. (Fourth Opinion), 71 B.R. 891 (Bankr. E.D.Pa.1...
Views: 3
72 B.R. 126 (1987) In re Ruth MARTIN, Debtor. Bankruptcy No. 86-02058K. United States Bankruptcy Court, E.D. Pennsylvania. April 6, 1987. Irv Ackelsberg, Philadelphia, Pa., for debtor. Gary E. McCafferty, Philadelphia, Pa., for Fleet Funding Corp. James J. O'Connell, Philadelphia, Pa., Chapter 13 Standing Trustee. *127 OPINION DAVID A. SCHOLL, Bankruptcy Judge. Before us in the above-entitled C...
Views: 2
ORDER Creditors Larry D. Struck and Lois A. Struck filed an objection to debtor’s claim that his Army retirement pay is not property of the estate pursuant to 11 U.S.C. § 541(a)(6). Under 11 U.S.C. § 541(a)(1), the bankruptcy estate consists of “all legal or equitable interest of the debtor in property as of the commencement of the case.” However, “earnings from services performed by an indiv...
Views: 0
MEMORANDUM OPINION In what is a case of first impression, both for this Court, this District and this Circuit, 2 the Official Unsecured Creditors’ Committee has moved for allowance, as administrative priority of claims, of expenses incurred by its members. Those expenses include travel, food and lodging costs while atttending committee meetings. The Court first notes that ...
Views: 0
72 B.R. 131 (1987) In re EARLE INDUSTRIES, INC., Debtor. EARLE INDUSTRIES, INC., Plaintiff, v. CIRCUIT ENGINEERING, INC., Defendant. Bankruptcy No. 86-00869G, Adv. No. 86-0382F. United States Bankruptcy Court, E.D. Pennsylvania. April 7, 1987. *132 E. Brooks Keffer, Jr., Hepburn Willcos Hamilton & Putnam, Philadelphia, Pa., for debtor/plaintiff, Earle Industries, Inc. Donald M. Collins, Strad...
Views: 3
OPINION AND ORDER The facts of this matter are not disputed. The Debtors owed the Internal Revenue Service for Social Security and Withholding taxes and the State of Illinois for unemployment insurance taxes. They filed their Chapter 7 proceeding, and subsequently the Debtors paid to the State of Illinois the sum of $247.47 and paid to the Internal Revenue Service the sums of $1,121.34 an...
Views: 1
OPINION The debtors, Reading Tube Corporation and Lash Holdings Limited have filed a *331 motion for authorization to borrow funds pursuant to 11 U.S.C. § 364(d), including the “priming” of certain liens now held by the long term secured lenders. Meridian Bank, on its own behalf, and as a servicing agent for Farmers Home Administration, and the United States Department of Agriculture (hereina...
Views: 2
MEMORANDUM OF DECISION ON DEFENDANTS’ MOTIONS FOR JUDGMENT ON THE PLEADINGS, PURSUANT TO F.R.CIV.P. 12(c) The plaintiff, Colonial Bank (“Bank”), has instituted an adversary proceeding in each of the above cases, seeking a determination that debts relating to a personal guaranty and other documents are exempt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A). The defendants (“debtors”) have move...
Views: 0
ORDER THIS MATTER coming before the Court on Motion of TIFCO, Inc. (“TIFCO”) for Relief from Stay pursuant to 11 U.S.C. § 362; and the Debtor being present and represented by its attorney, Langdon M. Cooper, and TIFCO being present and represented by its attorney, R. Keith Johnson, the Court does hereby find and conclude as follows: FACTS: Universal Motor Express, Inc. (the “Debtor”) did on...
Views: 0
The matter presently before the Court is a motion brought by counsel on behalf of the Defendant, Estee Lauder, Inc. for an order consolidating for joint hearing and trial, any and all matters in issue in the two captioned adversary proceedings and *976 for the further relief set forth below. The first matter is an adversary proceeding entitled John W Sywilok, Trustee v. Estee...
Views: 3
WILLIAM F. TUOHEY, Bankruptcy Judge. On February 18, 1987, two matters were brought before the Court in the above captioned matter. The first matter involves a notice of motion filed by the Debtor to authorize Samuel Braen, Jr., as sole shareholder of Sabra Industries, Inc. to transfer title to three motor vehicles. The second matter heard simultaneously is an application for relief from t...
Views: 0
OPINION The present matter was reserved by this Court as to counsel fees at a hearing February 17, 1987 regarding an objection to proposed private sales of the Debtor’s assets by its secured lender Glenfed Financial Corporation (hereinafter, “Glenfed"). Based upon the record in this case, the following constitutes this Court’s relevant findings of fact. On November 17, 1986 the Debtor, Stan-w...
Views: 1
MEMORANDUM DECISION AND ORDER DENYING CONSOLIDATION These cases have been before the court at a number of hearings at a question of whether the separate bankruptcy estates of the above-captioned husband and wife debtors should be substantively consolidated. The underlying controversy arises from the fact that the husband’s estate has no nonexempt assets for distribution, whereas the wife’s esta...
Views: 1
MEMORANDUM OF OPINION AND ORDER Plaintiff commenced the instant action in the State Court of Fulton County, Georgia alleging that Defendant, as the depository bank, failed to meet the “midnight deadline” set forth in O.C.G.A. § 11-4-301. Defendant removed the action to this Court pursuant to 28 U.S.C. § 1452(a). It is now before the Court on Plaintiff’s Motion for Remand and Mandatory Abs...
Views: 1
72 B.R. 79 (1987) In the Matter of PARK NORTH PARTNERS, LTD., a Florida Limited Partnership, f/k/a Florida Realty Partners, XXV, Debtor. PARK NORTH PARTNERS, LTD., Plaintiff, v. PARK NORTH ASSOCIATES, Michel Brasseur and Duffle Corp., Defendants. Bankruptcy No. A85-03974-ADK, Adv. No. 85-0828A. United States Bankruptcy Court, N.D. Georgia, Atlanta Division. March 26, 1987. *80 Lewis E. Hassett, A...
Views: 1
ORDER SUSTAINING TRUSTEE’S OBJECTIONS TO EXEMPTIONS On November 10, 1986, debtor filed a second amended Schedule B-4 wherein she claimed proceeds of fire insurance as exempt homestead pursuant to Chapter 222, Florida Statutes. The trustee objected to this claim of exemption stating that: (a) the destroyed property was not located within the State of Florida, and (b) the destroyed property was n...
Views: 0
AMENDED MEMORANDUM OF DECISION I. INTRODUCTION David A. Gill, the Chapter 7 Trustee in this case, applies for authorization to close this case. While the estate has assets to-talling some $190,000, an entire class of creditors has not been given notice of the filing of the case at all, or of a bar date for filing claims. The class lacking notice may include as many as two millio...
Views: 0
MEMORANDUM OPINION The debtors before this Court, B & W Management, Inc., Philip Joseph Brown, and William John Brown, filed on October 20, 1986 a motion requesting this Court to recuse itself from further participation in all matters relating to the debtors. Scheduled for hearing on October 20 was the motion of the trustee, John W. Guiñee, Jr., to return to the debtors possession and control of ...
Views: 0
SUPPLEMENTAL OPINION SUR MOV-ANT’S MOTION FOR RECONSIDERATION TO AMEND OR MAKE ADDITIONAL FINDINGS OF FACT, TO ALTER OR AMEND JUDGMENT AND FOR NEW TRIAL On February 19, 1987, SYSTRAN FINANCIAL SERVICES CORP., the Movant in a Motion to Obtain relief from the automatic stay imposed by the Debtor’s Chapter 13 bankruptcy filing in this case (and referred to hereinafter as “the Movant”), served upon...
Views: 3
OPINION I This is an appeal from an ex parte order approving a stipulation for post-petition financing and granting superpriority status and cross-collateralization to the First Bank of Southern California (the “Bank”). Four creditors of Graphic Arts Lithographers, Inc. (the “Debtor”) now appeal, claiming that the Bankruptcy Court erred in granting the order because there was inadequate evide...
Views: 0
OPINION The Chapter 7 trustee sought to avoid certain payments made to Smythe Buick, Inc. dba “Smythe Buick Isuzu.” The trustee and Smythe each moved for summary judgment. Trustee appeals from summary judgment in favor of defendant Smythe. We affirm. At the outset, we recognize that the burden is on the moving party in a summary judgment motion, to establish that there are no genuine...
Views: 0
OPINION The debtors Charles and Patricia Ruben-stein appeal from the conversion of their Chapter 11 to a Chapter 7 on the bankruptcy court’s own motion and from the court’s denial of their subsequent motion for reconsideration. We reverse and remand. FACTS The debtors filed a Chapter 11 petition on June 3, 1983. Thereafter, they stipulated to relief from the automatic stay to al...
Views: 0
OPINION Before ASHLAND, ELLIOTT, and MEYERS, Bankruptcy Judges. Debtor appeals the order of the bankruptcy court prohibiting the use of income generated from debtor’s business activities. The court determined that the income was cash collateral within 11 U.S.C. § 363(c) and was subject to the rents, issues, and profits clause of the deed of trust held by appellee Rio Salado Bank. We ...
Views: 1
JUDGMENT CONCERNING STATE WARRANTS The Missionary Baptist Foundation of America and related entities filed for relief under Chapter 11 of the Bankruptcy Code on October 15, 1980. Shortly thereafter, Robert B. Wilson was appointed Trustee-in-Bankruptcy. The Trustee brought an action against the First National Bank at Lubbock, Texas (Bank) alleging invalid financial arrangements, preferential paymen...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the court on the debtor’s objections to the disclosure statement filed by William Gurtler. The court, having considered the arguments of counsel and memoranda submitted, denies approval of the disclosure statement submitted by Gurtler for the reasons hereinafter set forth. Background Unichem is an Illinois Corporation incorporated in 1...
Views: 2
MEMORANDUM OPINION ON DEBTOR’S MOTION TO CONVERT FROM CHAPTER 11 TO CHAPTER 12 On November 24, 1986, the debtor, Kein-ath Brothers Dairy Farm, a Michigan co-partnership, comprised of Ronald N. Kein-ath, John J. Keinath and Larry L. Keinath, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. Twenty-two days thereafter, on December 16, 1986, the debtor moved to c...
Views: 1
OPINION ON MOTION FOR VALUATION OF SECURITY The debtor, Eldon T. Tallant, filed a motion requesting the court to determine whether the dragnet clause in a hypoth-ecation agreement between the debtor and his father, Elmer A. Tallant, as borrowers, and the creditor, First Alabama Bank, operates to continue the property hypothecated as security for a loan made later to the debtor alone. The matter w...
Views: 0
ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT The creditor, Professional Personnel Consultants, filed a motion for summary judgment seeking to revoke the discharge of the debtor for fraud and also seeking to determine dischargeability of a debt. The motion contains allegations to the effect that there is no genuine issue as to any material fact and that the creditor is enti...
Views: 0
MEMORANDUM At issue is the preclusive effect of a Chapter 11 debtor-in-possession’s agreed order for relief from the stay in subsequent litigation between the Chapter 11 trustee and the original moving creditor. The trustee is precluded to relitigate issues decided in the.prior order. The following constitute findings of fact and conclusions of law. Bankr.R. 7052. I. These ...
Views: 0
MEMORANDUM AND ORDER This matter is before the Court on the motion of General Finance Corporation (“GFC”) to dismiss Leonard Smurzynski’s (“Plaintiff’s”) class action complaint for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to these proceedings by Bankr.R. 7012. GFC has also moved to strike the class allegations. Since a d...
Views: 1
OPINION At issue before me is the power of this court to dismiss a chapter 11 bankruptcy case sua sponte. The debtor argues that this court does not have any power to act pursuant to 11 U.S.C. § 1112(b) and that the recent amendment to 11 U.S.C. § 105(a) is not yet effective in this district. Thus, the debtor asserts that I am without any authority to act on my own motion. I. On...
Views: 3
72 B.R. 152 (1987) In re BOARDWALK DEVELOPMENT COMPANY, INC., Debtor. H.C. KIRKHART, Plaintiff, v. BOARDWALK DEVELOPMENT COMPANY, INC., and David Rock Whitten, Defendants. Bankruptcy No. 86-01108-S07, Adv. No. S-86-0175-AP. United States Bankruptcy Court, E.D. North Carolina. April 14, 1987. James W. Lea, III, Shipman and Lea, Wilmington, N.C., for H.C. Kirkhart. Algernon L. Butler, Jr., Wilmingt...
Views: 0
MEMORANDUM OPINION AND ORDER These cases have been consolidated for the purposes of this opinion only. These matters are all before the Court on the motions of the Debtors to confirm their chapter 13 plans. In each case no creditor nor the Standing Chapter 13 Trustee *385 (“Trustee”) has objected to confirmation. Each debtor proposes to deal with child support arrearages and ...
Views: 3
MEMORANDUM AND ORDER Before the court is the request of Borg-Warner Insurance Finance Corporation (Borg-Warner) for payment of an administrative expense arising out of a financing agreement relating to the purchase of insurance policies. By the agreement between Borg-Warner and the debtor, Round-wood Corporation (Roundwood), Borg-Warner agreed to finance on January 7, 1985, certain insura...
Views: 0
MEMORANDUM DECISION Paul Riddle and Clifford Crittendon, as trustees of the Clifford Crittendon Trust (“Riddle and Crittendon” or “Movants”), seek relief from stay to enforce a lease executed by A1 Aneiro (“debtor”) on January 1, 1986 (“1986 Lease”). Movants seek relief from stay to proceed in state court to secure possession of the leased property or, alternatively, adequate protection i...
Views: 1
DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT I. Introduction Carey Transportation, Inc. (“Carey”) commenced an adversary proceeding against Greyhound Corporation (“Greyhound”) seeking an order directing Greyhound to indemnify Carey for a pro-rata portion of a settlement agreement, reached between Carey and the Triborough Bridge and Tunnel Authority (“TBTA”). Carey allege...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: DAMAGES On February 5, 1985, Chicago Credit Services (“Chicago Credit”), Champion Mortgage Company (“Champion”) and MPI Consultants (“MPI”) (collectively called “petitioning creditors”) filed an Involuntary Petition Under Chapter 7 of the Bankruptcy Code against Jack J. McGarrity, an individual (“McGarrity”), and Johnston Hawks Limited, a Hawaii...
Views: 1
This adversary proceeding is before the Court on the plaintiffs’ “Complaint for Non-Dischargeability of Debt” under 11 U.S.C. §§ 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6). FACTS This proceeding concerns a partnership involving the debtor and the plaintiffs. After a dispute arose between the debtor and the plaintiffs, the plaintiffs filed an action seeking an arbitration awar...
Views: 1
MEMORANDUM OPINION Professional Technical Services, Inc., (hereinafter “PTS”), filed a Voluntary Chapter 11 Petition on October 3, 1986. PTS provides janitorial services to businesses in the St. Louis and Jefferson City, Missouri areas. On October 27, 1986 PTS filed a Complaint For Turnover requesting turnover of certain -receivables and cash accounts constituting property of the estate which w...
Views: 1
MEMORANDUM DECISION AND ORDER RE: COMPENSATION On January 10, 1987, two motions were filed with the Court. The first was an Application of the Law Offices of John A. Chanin (“Applicant”) for Compensation for Services Rendered and For Reimbursement of Costs and Expenses Incurred as Attorney for Debtor (“Application”) for the period from July 17, 1985 up to and including the closing of the estate. ...
Views: 0
MEMORANDUM OF DECISION CONTINUING FINAL HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY I. INTRODUCTION This contested proceeding raises the question of the quantum of evidence necessary for a creditor to obtain relief from the automatic stay based on cause in a Chapter 13 case, where the debtor has offered no opposition, II. MATERIAL FACTS Debtor Ki Joong Kim filed this C...
Views: 0
MEMORANDUM DECISION On April 26,1979, Mira-Pak, Inc., filed its original petition in proceedings for an arrangement under Chapter 11 of the Bankruptcy Act. By order dated April 30, 1979, the debtor was authorized to continue the operation of its business. The arrangement proceedings failed, and on March 14, 1980 the debtor was adjudicated a bankrupt. Jerome Tiras was then appointed truste...
Views: 0
ORDER This matter of the debtor’s application to convert this case from Chapter 11 to Chapter 12 came on. for hearing on January 28, 1987. The debtor contends that he is entitled to convert from Chapter 11 to Chapter 12 pursuant to 11 U.S.C. § 1112(d), as amended by § 256 of Pub.L. No. 99-554, which states: *228 The court may convert a case under this chapter to a case under chapter 12 o...
Views: 0
MEMORANDUM AND ORDER Before the court is the application of Carolyn E. Fleishman-Wilson (debtor) for an order approving the distribution of proceeds, remaining from the sale of the debt- or’s residence, to judgment creditors. However, a dispute has arisen with regard to the order of priority of distribution among the judgment creditors. FACTS By order dated July 30, 1985 and fil...
Views: 0
MEMORANDUM This is a Chapter 11 bankruptcy proceeding. The matter is now before the Court in an adversary proceeding involving the landlord Rana Associates’ (“Rana”) motion requesting immediate payment of administrative expense. Rana is the lessor of the premises which the debtor Rare Coin Galleries of America, Inc., used for its business. The trustee of the debtor has stipulated with Ran...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Plaintiff Ronald Gualtieri (“Gualtieri”) seeks summary judgment on his complaint objecting to the dischargeability of a debt due him from Frederick W. Goux (“Debt- or”). As grounds for relief, Gualtieri relies upon §§ 523(a)(2)(A) and (a)(4) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). The Court is famil...
Views: 1
OPINION The debtor and her primary residential mortgagee have presented matters to this court for resolution: first, is the debtor’s objection to the allowance of a proof of claim filed by Horizon Financial, F.A. (“Horizon”) which seeks interest, costs and attorney’s fees incurred as a result of the debtor’s default on her mortgage; second, is Horizon’s objection to the debtor’s chap ...
Views: 0
72 B.R. 700 (1987) In re Paul C. WILDMAN, et al., 5300 North Sheridan Road Partnership, a/k/a 5300 North Sheridan Road, a limited partnership, 6320 North Kenmore Partnership, a/k/a 6320 North Kenmore, Glencoe-Sheridan Partnership, a/k/a 5400 North Sheridan a limited partnership, Pratt Avenue Apartment Associates, a/k/a 1673 West Pratt Boulevard Partnership, 5420 North Sheridan Apartment Associate...
Views: 0
ORDER ON DEBTORS’ MOTIONS FOR PAYMENT OF THEIR “SUPER-PRIORITY” CLAIMS In January, February and April, 1985, these five related chapter 11 debtors obtained permission under 11 U.S.C. § 364(c) to borrow money to meet operating emergencies. The debt was secured by giving the lenders priority administrative liens. (C.P. Nos. 313, 404 and 492). A total of $4,717,404 was borrowed to complete constructi...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Plaintiff’s Complaint For Judgment and to Determine the Dischargeability of a Debt. Discovery was conducted prior to Trial, and both parties have submitted trial briefs in support of their positions. The Plaintiff and Defendant have had the opportunity to put forth their arguments and call witnesses during these...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Defendant-Debtor in the above entitled adversary action. The parties have filed their arguments respecting the merits of this Motion and have had the opportunity to respond to the arguments submitted by opposing counsel. The Court has reviewed those arguments as well as the entire reco...
Views: 0
MEMORANDUM-DECISION, PROPOSED FINDINGS OF FACT, PROPOSED CONCLUSIONS OF LAW, AND PROPOSED ORDER PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE 7056 On August 30, 1985, Northeast Dairy Cooperative Federation, Inc. (“Nedco”) commenced a voluntary bankruptcy case under Chapter 11 of Title 11 of the United States Code (“Code”) by filing a petition in the United States Bankruptcy Court for ...
Views: 2
This Decision addresses the duty of reasonable inquiry imposed by Bankruptcy Rule 9011 with regard to a pleading which “denies knowledge or information sufficient to form a belief” as to matters of public record. FACTS The plaintiff’s/debtor’s complaint contains the following allegations: *242 1. This adversary proceeding is brought pursuant to Bankruptcy Rule 7001 and S...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiffs Complaint to Determine Dis-chargeability in the above entitled adversary action. The Court conducted a PreTrial in this matter, at which time the parties agreed that the issues addressed in the Complaint are primarily issues of law. They also agreed that the Court may enter a ruling in this case based solely upon the w...
Views: 1
MEMORANDUM OPINION This case comes before the Court on five issues raised by the pleadings filed. They are (in the order considered): 1. The Motion to Dismiss. 2. Motion to Modify Stay on the Iowa property. 3. Motion to Modify Stay on the Kansas property. 4. Motion to Allow Secured Borrowing. 5. Confirmation of the Chapter 12 Plan. ISSUE 1 The Federal Land Bank filed its Motion to...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Pursuant to § 707(b) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”), the Estate Administrator initiated a hearing to dismiss the filing of the Chapter 7 petition for relief of Joseph N. Peluso, Jr. (“Debtor”). An evidentiary hearing was held on November 18, 1986, with the parties afforded the opportunity to pre...
Views: 2
72 B.R. 228 (1987) In re C & B OIL CO., INC. Debtor(s). Bankruptcy No. 84-00944. United States Bankruptcy Court, N.D. Ohio, W.D. March 12, 1987. Mary Ann Whipple, Toledo, Ohio for Robert O. Bartholomew. Kevin Kenney, Sylvania, Ohio, for Sylvania Sav. Bank. *229 Edward F. Zoltanski, Toledo, Ohio, Trustee. MEMORANDUM OPINION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Debtor’s Motion Requesting Approval of a Five Year Chapter 13 Plan. A Hearing was held on this matter, at which time the Court continued the Hearing for ten days to allow the parties to file written arguments with the Court. The Debtor, various Creditors, and the Trustee, have filed Briefs respecting the merits of the Motion. The...
Views: 1
*507 ORDER On November 4,1986, James M. Solomon filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. On November 26, 1986, the debtor filed a motion to convert to chapter 12. The First National Bank of Eastern Arkansas filed an objection to the motion to convert. A hearing was held on January 16, 1987, and the issue has been briefed by ...
Views: 1
DECISION AND ORDER FOR ENTRY OF JUDGMENT This court is fully aware that the trial court may not blindly accept the proposed findings of fact and conclusions of law of the prevailing party. United States v. El Paso Natural Gas, 376 U.S. 651, 84 S.Ct. 1044, 12 L.Ed.2d 12 (1964). However, when the proposed findings are consistent with the evidence and the conclusions are agreeable to the state of th...
Views: 0
DECISION AND ORDER French American Banking Corporation (“FABC”), the defendant in a proceeding commenced by Beebe International, Inc. ("Beebe”) in the United States District Court for the Southern District of New York removed that action to this Court pursuant to 28 U.S.C. § 1452 on the ground that the claims being adjudicated are related to the reorganization of Wedtech Corporation, a de...
Views: 0
MEMORANDUM OPINION The above-styled adversary proceeding is before the Court on motions for summary judgment filed by each of the plaintiffs and on a motion of the defendant for release of liens and conditionally, for interpleader. The dispute between the parties is based upon the sum of $39,330.48, which is presently owed by the defendant for its purchase of pipe and materials, as to which sum e...
Views: 0
MEMORANDUM OPINION PROCEDURAL BACKGROUND This matter came before the Court on plaintiff’s Motion for a New Trial or to Amend the Findings of Fact, Conclusions of Law, and Judgment. The material facts giving rise to this controversy are as follows. FACTS James and Jeanine Twitchell filed a petition for relief under Chapter 7 of the Bankruptcy Code on June 3, 1985. Subse...
Views: 1
OPINION AND ORDER The matters at issue that are resolved by this Opinion and Order arise out of an Adversary Proceeding filed by the Debtors, Skies Unlimited, Inc. of Colorado (“Skies Unlimited”) and Caralee Jean Pierce (“Ms. Pierce”), against Philip L. King. The com *537 plaint filed in this case was premised on allegations that Skies Unlimited and Ms. Pierce had been Debtor...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the creditor, Cecil Holmes’s, complaint to Determine Dischargeability of a Debt owed by the debtor, Mordechai Mangel, pursuant to 11 U.S.C. sections 523(a)(2), (a)(4) and (a)(6) and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, co...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant adversarial proceeding presents to us a number of questions which are both provocative and are apparently of first impression, at least in this jurisdiction. The issues presented, and our decisions as to each of them, are as follows: 1.Is a consumer who has alleged material violations of the federal Truth-in-Lending Act,...
Views: 1
ORDER This matter is before the Court on Defendant’s motion for summary judgment. John Troyer represents Plaintiff F & M Marquette National Bank (Marquette or the Bank), and William Kampf represents Defendant Keith R. Richards. The motion was orally argued on December 3, 1986, and all briefs have been filed. The Court, having considered the oral arguments of counsel, having rev...
Views: 1
ORDER VACATING ORDER COMPELLING PRODUCTION OF DOCUMENTS DATED APRIL 1, 1987, AND GRANTING IN PART THE MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS AND THE CROSS-MOTION FOR PROTECTIVE ORDER Ón March 11, 1987, the Court heard the motion to compel the City of New York to produce documents filed by Louis Lowin, Post-Confirmation Administrator, and the cross-motion of the City of New York for protecti...
Views: 0
72 B.R. 525 (1987) In re Gerald Edward BEYER, Debtor. No. 86 B 11414 C. United States Bankruptcy Court, D. Colorado. April 21, 1987. *526 Paul Kram, Aurora, Colo., for debtor. Janet MacFarlane, Denver, Colo., Standing Chapter 12 Trustee. Steven Rider and Shelia Porter, Aurora, Colo., for Federal Land Bank of Wichita. Ann Riordan, for First Nat. Bank of Strasburg. FINDINGS, CONCLUSIONS AND ORDER ...
Views: 0
MEMORANDUM INTRODUCTION On October 9, 1985, Newbury Cafe, Inc. (the “Debtor” or “Newbury Cafe”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code. Approximately ten months later, on July 30, 1986, the Chapter 11 case was converted to a case under Chapter 7. The conversion followed this Court’s approval of a sale of all the estate’s assets for $305,000 to George Lewis...
Views: 0
MEMORANDUM On May 30,1986, Conveyco, Incorporated (“Conveyco”), Extended Technologies Corporation (“Extended”) and Brodie, Inc. (“Brodie”) (collectively, the “plaintiffs”) filed the instant adversary proceeding against First Software Corporation (“First Software” or the “Debtor”). The complaint contains three counts. In Count I, Conveyco alleges, inter alia, that the Debt- or o...
Views: 0
DECISION AND ORDER The debtor-in-possession in this proceeding, Wedtech Corp. (“Wedtech” or the *466 “Debtor”), seeks an extension of the 60-day time period, provided for in § 365(d)(4) of the Bankruptcy Code, 11 U.S.C. § 365(d)(4) (1987) (the “Code”), in which it must assume or reject two leases of nonresidential real property located respectively in the Bronx, New York and ...
Views: 1
MEMORANDUM The matter before the Court is the Trustee’s Complaint, filed on November 7, 1986, pursuant to 11 U.S.C. § 363(h). The Trustee seeks to sell the Debtor’s interest in real estate, consisting of one and one-half acres of land and a nine-room, raised ranch-style home containing four bedrooms, a living room, a dining room, a kitchen, a family room, a utility room and a two-car garage (th...
Views: 2
MEMORANDUM OF DECISION In this proceeding two real estate firms seek a commission from the proceeds of the sale of the Debtors’ motel complex. The employment of one firm, Benjamin Dagosti-no, Jr., d/b/a Benny’s Real Estate, of Exe-ter, New Hampshire, (Benny’s), was approved by the Court on an ex parte motion of the Debtors. Employment of the other firm, New England Hotel Realty...
Views: 2
DECISION AND ORDER Dated at Dayton, Ohio in said District on this 8th day of April, 1987. This matter is before the court upon the motions of debtors Edmund L. Smith and Judith B. Smith to 1) determine the validity of certain interests in debtors’ 1986 crops, and 2) to obtain a nunc pro tunc order authorizing the debtors to obtain secured credit and grant a security intere...
Views: 0
MEMORANDUM The issue before the Court arises out of a claim by Abraham D. Gosman (“Gos-man”) for use and occupancy payments for a period of time between October, 1978 and November 10, 1980 and the objection to that claim by Stewart F. Grossman, the Receiver/Trustee (the “Receiver”) of Beverly House Nursing Home, Inc. (“Beverly House” or the “Debtor”). The Court conducted evidentiary hearings with ...
Views: 0
72 B.R. 240 (1987) In re Sonya W. BUTCHER, Debtor. Bankruptcy No. 3-83-01422. United States Bankruptcy Court, E.D. Tennessee. March 13, 1987. McMackin, Garfinkle & McLemore, Edwin M. Walker, Nashville, Tenn., for John C. McLemore, Trustee. Claiborne, Davis, Buuck & Hurley, David L. Buuck, Knoxville, Tenn., for Sonya W. Butcher. RICHARD STAIR, Jr., Bankruptcy Judge. At issue is whether the...
Views: 0
OPINION Before me are the motions of the trustee and one of the debtors, Dr. Richard G. Paolino, seeking reconsideration of an order entered by this court on December 31, 1986. 1 That order granted Home Unity Savings and Loan Association (“Home Unity”) relief from the automatic stay. The court’s decision, issued by former Chief Judge Goldhaber, is reported as In re Paolin...
Views: 1
MEMORANDUM This is an adversary proceeding brought by Thomas E. DuVoisin, Liquidating Trustee for Southern Industrial Banking Corporation (“SIBC”), against American Savings and Loan Association (“American”) to recover avoidable preferences. 11 U.S.C.A. § 547(b) (West 1979). On November 16, 1984, pursuant to Resolution No. 84-624 of the Federal Home Loan Bank Board (“FHLBB”), American was ...
Views: 2
OPINION AND ORDER REMOVING TRUSTEE, DISALLOWING COMPENSATION, RETURNING FUNDS AND REMOVING NAME FROM ROLL OF ATTORNEYS This matter came on for hearing on April 3, 1987 upon the motion of creditor Banc-Ohio National Bank for an order directing that Quentin M. Derryberry, II, (Derryber-ry) trustee of the estate of Pigs are Beautiful, Inc. (PAB) comply with the order of the court dated Janua...
Views: 2
MEMORANDUM ON § 546(a) LIMITATION DEFENSE AND DEFENDANT BAILEY’S MOTION TO DISMISS These consolidated adversary proceedings present the question of whether the limitation period prescribed by 11 U.S.C.A. § 546(a) (West Supp.1986) for avoiding fraudulent transfers pursuant to 11 U.S. C.A. § 548(a) (West 1979 & Supp.1986) is absolute. Plaintiff James R. Martin, trustee for the bankruptcy es...
Views: 1
DECISION AND ORDER This is an adversary proceeding brought by the plaintiff, James A. Carlton, the debt- or in a Chapter 11 case pending in this court. The action seeks to recover monies allegedly received by the defendant, Marvin A. Pollack, from the debtor as being void as a preferential payment under § 547 of the Bankruptcy Code, fraudulent conveyances void under § 548 of the Bank...
Views: 0
At issue is whether an agreement to render future legal services for the debt- or’s wife and children in exchange for a $50,000.00 prepetition transfer by the debt- or constitutes value in the context of 11 U.S.C.A. § 548 (West 1979) (Fraudulent transfers and obligations). Seeking to avoid the transfer, the plaintiff trustee contends a promise to perform future services is not within the scope ...
Views: 4
DECISION AND ORDER Thomas Costello and the estate of his deceased wife, Ann M. Costello, have moved this court to reopen the Chapter 7 case in which he and his wife had been joint debtors, stay the foreclosure sale of the home in which Thomas Costello and his family live and where Ann Costello had lived, and avoid the liens of certain judgment creditors to the extent that they impair exem...
Views: 2
ORDER DENYING MOTION TO REOPEN CASE This case came on for hearing on the motion of debtor Allan Anderson to reopen this case under 11 U.S.C. § 350(b) and Bankruptcy Rule 5010. Rockford R. Chrastil appeared for the debtor and Lea M. De Souza appeared on behalf of Robert *496 S.C. Peterson, Inc. in opposition to the motion. Based on the files, records and argument of counsel, I make the followi...
Views: 3
MEMORANDUM OPINION The above-styled case is before the Court on the motion of the debtor, Charles Allen Dabbs, to reopen his bankruptcy case. The case was commenced in this Court on December 26,1984, by the filing by the debtor of a petition for relief pursuant to title 11, United States Code, chapter 7. The case proceeded under said chapter with the debt- or’s being granted a discharge on May ...
Views: 1
72 B.R. 783 (1987) In re Allan A. ANDERSON and Hellen Anderson, Debtors. ROBERT S.C. PETERSON, INC., Plaintiff, v. Allan A. ANDERSON, Defendant. Bankruptcy No. 4-82-2171, Adv. No. 4-86-181. United States Bankruptcy Court, D. Minnesota. April 17, 1987. *784 Lea M. De Souza, Lang, Pauly & Gregerson, Ltd., Minneapolis, for plaintiff. Rockford R. Chrastil, Chrastil & Steinberg, Minneapolis, f...
Views: 0
72 B.R. 595 (1987) In re FUNDING SYSTEMS ASSET MANAGEMENT CORP., Debtor/Plaintiff, v. MINNESOTA MINING & MANUFACTURING COMPANY, Defendant and Third Party Plaintiff, v. TECHNOLOGY FINANCE GROUP, INC. and Technology Finance Leasing Corp., Third Party Defendants. Bankruptcy No. 81-2861, Ad. No. 84-410. United States Bankruptcy Court, W.D. Pennsylvania. April 29, 1987. *596 M. Bruce McCullough, B...
Views: 2
Memorandum Decision and Order Dismissing Complaint to Determine Debt Non-Dischargeable Under § 523(a)(2)(B) This matter is before us on the complaint of Calumet asking us to deny a discharge *831 of Gallagher’s debt to it on the ground that Gallagher submitted false financial statements. This adversary proceeding was instituted by the complaint, filed August 15, 1985, to...
Views: 1
MEMORANDUM OPINION Before the Court is Debtors’ Motion To Avoid Lien pursuant to 11 U.S.C. § 522(f)(1). Specifically, Debtors assert that Respondent’s interest in certain real property is, at best, a judicial lien, avoidable as impairing Debtors’ exemption. Respondent claims to possess a valid mortgage on said real property, which is not avoidable under § 522(f). Said property ...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTION TO AVOID FIXING OF A LIEN The above-styled case is before the Court on the motion of the debtors to avoid the fixing of a lien by First State Bank of DeKalb County (First State Bank) on a 1976 model Chevrolet pickup, pursuant to 11 U.S.C. § 522(f)(2)(B). Upon due consideration thereof, the Court finds that the motion is due to be denied. Findi...
Views: 1
MEMORANDUM OPINION Before the Court is Trustee’s Complaint against Equibank and William H. and Jo *549 sephine Meinhardt (“Defendants”), alleging several preferential transfers and fraudulent conveyances. Specifically, the Trustee asserts that certain of the monies paid by Debtor to Equibank from May 1, 1980 to January 31, 1981 (ninety days to one year prior to filing), and f...
Views: 4
MEMORANDUM OPINION INTRODUCTION This proceeding presents the question of whether after satisfying a foreclosed mortgage the remaining surplus should be paid to the junior lienor or the debtor’s trustee in bankruptcy. The Court holds that the junior lienor is entitled to the surplus. STATEMENT OF THE CASE On May 14, 1986, Debtors, husband and wife, filed their voluntary joint Chapter 7 pet...
Views: 0
72 B.R. 352 (1987) In re Jack R. MILLER, Jr., Individually and t/a Wunder Bar, Debtor. Jack R. MILLER, Jr., Individually and t/a Wunder Bar, Movant, v. CONCORD-LIBERTY SAVINGS AND LOAN ASSOCIATION, Ann Silipigni, and Frank Suffoletta, Respondents. Bankruptcy No. 85-1000, Motion No. 86-4175. United States Bankruptcy Court, W.D. Pennsylvania. April 8, 1987. David W. Lampl, Lampl, Sable, Makoroff &a...
Views: 1
FINDINGS, CONCLUSIONS, AND ORDER ON DEMAND FOR JURY TRIAL The above-styled case was commenced in this Court by the debtor’s voluntary petition filed under title 11, chapter 11, United States Code, on September 17, 1985, and continues pending before this Court under said chapter. The debtor remains a debtor in possession. The debtor’s schedule of “Creditors Holding Security,” filed Se...
Views: 0
OPINION Case Summary The debtor requests summary judgment on its Motion to reject an electrical supply contract with West Penn Power Company, on the ground that there is no genuine issue as to the only material fact under the business judgment test viz. whether rejection of the contract will benefit the estate. West Penn Power Company argues that public utility contrac...
Views: 0
OPINION On August 21, 1986, the debtor, Clinton Centrifuge, Inc., filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On December 2, 1986, three creditors filed a motion to vacate the order for relief, asserting that the bankruptcy petition was filed in bad faith. An eviden-tiary hearing was held on the motion on January 7, 1987. For the reasons set forth b...
Views: 0
MEMORANDUM OPINION This case presents the question of whether a debtor may, pursuant to 11 U.S.C. § 522(f)(1), avoid the fixing of a judicial lien on property that in the absence of the lien would be exempt under state law, even though state law defines the property as nonexempt because it is encumbered by a judicial lien arising out of a claim for unpaid rent. This is a core proceed...
Views: 0
*83 MEMORANDUM AND DECISION This is an application by the attorney for the debtor-in-possession, Keegan Utility Contractors, Inc. (Keegan), to retain special counsel effective nunc pro tunc to March 5, 1985 and for an Order awarding special counsel fees as an expense of administration. This motion was on to be heard several times and adjourned. On March 2, 1987, the parties agreed to submit...
Views: 2
MEMORANDUM OPINION This adversary proceeding came on for trial over a four day period on the plaintiff’s Complaint, Amended Complaint, and Second Amended Complaint (all of which *751 remain relevant and all of which are collectively referred to herein as the “Complaint”) and defendant’s answer to same. Subsequent to the trial the parties submitted legal memoranda and the court then took the m...
Views: 0
DECISION Heard on the complaint filed by Mary Lou Young, plaintiff and former wife of *452 the debtor, who seeks a determination that certain debts assigned to the debtor pursuant to a Family Court decision of March 31, 1986, are nondischargeable under 11 U.S.C. § 523(a)(5). 1 The parties have submitted the matter on a statement of agreed facts, and memoranda. The pertinent facts are as f...
Views: 1
*928 OPINION The plaintiff, Paxton National Insurance Company (Paxton), has filed a motion to remand this adversary proceeding to state court and a motion for mandatory abstention. For the reasons set forth below, I conclude that neither remand under either 28 U.S.C. § 1452(a) or (b) nor mandatory abstention is appropriate. I will enter an order denying the mandatory abstention m...
Views: 2
DECISION The plaintiff/trustee in the above-captioned proceeding brings this action to recover property pursuant to §§ 541 and 542 of the Bankruptcy Code, contending that two testamentary trusts established in accordance with the will and codicils of Jack Kreiss, the debtor’s father, constitute property of the estate. FINDINGS OF FACT A trial was held on September 17, 18, 19, 24...
Views: 0
DECISION Heard on January 29, 1987, on the complaint filed by Enterprise National Bank which seeks a determination of nondis-chargeability of a debt owed to it by the debtor, Paul Zakovich, pursuant to 11 U.S.C. § 523. The pertinent facts are as follows: 1 Debtor was the president of Eurocar Colorado, Ltd., a corporation engaged in the business of importing expensive autom...
Views: 4
MEMORANDUM AND DECISION This is an application by the Chapter 11 debtor, Oatka Restaurant and Lounge, Inc., for authorization to employ counsel pursuant to 11 U.S.C. § 327. The debtor has already deposited $2,500.00 with the law firm of Chamberlain, D’Amanda, Oppenheimer & Greenfield as a retainer. A Motion to employ the firm was on for a hearing March 9, 1987. At the hearing, opposition ...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 13 case, and the matter under consideration is a Complaint filed *509by Curley Williams and Mary H. Williams, his wife, (Debtors), against the State of Florida, Department of Health and Rehabilitative Services (HRS), and Nyjola Gry-bauskas, an attorney who is an independent contractor for HRS (Ms. Grybauskas). The claim ...
Views: 0
OPINION A. INTRODUCTION The issue before the Court in all three (3) of these Chapter 7 adversarial proceedings is the dischargeability of student loans on the grounds of undue hardship pursuant to 11 U.S.C. § 523(a)(8)(B). The Court has consolidated the resolution of these proceedings for reasons of efficiency and judicial economy. The happenstance of three cases with , the identical...
Views: 2
MEMORANDUM AND DECISION ON ALLOWANCE OF ADMINISTRATIVE EXPENSES UNDER CODE § 503(b)(1)(A) AND DETERMINATION OF REASONABLE FEES AND EXPENSES UNDER CODE § 506(b) On June 23, 1986, Wonder Corporation of America (“Wonder”) filed a petition under Chapter 7 of the Bankruptcy Code. The case was converted to Chapter 11 on September 18, 1986. On March 4, 1987, an ex parte scheduling ord...
Views: 1
ORDER ON OBJECTION TO CLAIM OF THE INTERNAL REVENUE SERVICE THIS IS a Chapter 13 case, and the matter under consideration is an Objection to the Claim of the Internal Revenue Service *92(IRS) filed in the amount of $3,819.23, plus interest and penalties. The claim of the IRS is challenged by Rose Marion Voss, the Debtor (Debtor), who claims that the IRS improperly disallowed certain tax deduction...
Views: 1
72 B.R. 808 (1987) In the Matter of Stephen J. AYOUB, Debtor. Bankruptcy No. 82-1722. United States Bankruptcy Court, M.D. Florida, Tampa Division. April 21, 1987. *809 Russell S. Bogue, III, Tampa, Fla., for debtor. James D. Wing, Miami, Fla., David G. Mulock, Tampa, Fla., Francis H. Cobb, Tampa, Fla., for John Kearney, Creditor. ORDER ON MOTION TO REOPEN CHAPTER 7 CASE ALEXANDER L. PASKAY, Chi...
Views: 3
ORDER ON DOLPHIN LEASCO, INC.’S MOTION TO TAX ATTORNEYS FEES THE MATTER under consideration is Dolphin Leasco, Inc.’s (Dolphin) Motion to Tax Attorney Fees filed by Dolphin, the Plaintiff in the above-captioned adversary proceeding. The Motion also seeks to tax costs. The Court has considered the Motion, together with the record, heard arguments of counsel, and finds as follows: The issue inv...
Views: 0
DECISION ON THE TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT Heard on the trustee’s motion for summary judgment pursuant to Fed.R.Civ.P. 56 on Count IV of his complaint. The complaint seeks, inter alia: (1) a declaration that the promissory note and the mortgage deed securing it entered into by the debtors and Kirshenbaum Investment Company, Inc. is void under the Rhode Island Secondary Mortgage ...
Views: 0
ORDER ON MOTION FOR SURCHARGE THIS IS Chapter 11 case, and the matter under consideration is a Motion for Surcharge filed by E.J. Management Corporation (Debtor), the Debtor involved in this reorganization case. James L. Blackwell filed a “Notice of Adoption and Motion for Surcharge” concurring with the request set forth in the motion filed by the Debtor. The surcharge sought by the Debtor is...
Views: 0
ORDER ON MOTION TO STRIKE THIS CAUSE came on for consideration upon notice and hearing of a Motion to Strike, filed by Thomas A. Smith, the Defendant of the above-captioned Chapter 11 adversary proceeding (Smith). Smith seeks an order from this Court striking the prayer for attorney’s fees in the Complaint filed by the Republic Bank, the Plaintiff (Bank). The Court has considered the Motion tog...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case, and the matter under consideration is the dischargeability vel non of a debt admittedly owed to Stanley W. Keister (Keister) by Ron Everman, a/k/a Ron R. Everman, and Darlene Boggs, a/k/a Darlene Boggs Everman, the Debtors involved in this Chapter 7 case (Debtors). The Complaint filed by Keister in Count...
Views: 0
ORDER ON OBJECTION TO CLAIM #34 OF BALL, BALL & BROSAMER, INC. THIS IS a Chapter 11 Reorganization case, and the immediate matter under consideration is an Objection to Proof of Claim filed by Ball, Ball and Brosamer, Inc., and Ball & Brosamer, Inc., a Joint Venture (BBB). The claim of BBB was filed on January 10, 1986, in the amount of $164,-170.17 plus interest, costs and attorneys’ fee...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was heard at trial on adversary complaint to determine whether plaintiffs’ claim should be nondischargeable as to the defendants. Upon consideration of the pleadings, exhibits, and testimony, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT The defendants filed a petition under Chapter 7 of the Bank...
Views: 1
ORDER ON MOTION FOR CLARIFICATION OR REHEARING OF ORDER ON APPLICATION FOR ALLOWANCE OF ATTORNEYS’ FEES FOR SEKMAN AVIATION CORP., HOLDER OF STATUTORY LIENS THIS CAUSE came on for consideration upon notice and hearing of a Motion for Clarification or Rehearing of an Order heretofore entered on Application for Allowance of Attorneys’ Fees of Sekman Aviation Corp. The Motion is filed by Prov-incetow...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 11 case, and the matter under consideration is a Motion for Summary Judgment filed by Airlines Reporting Corporation (ARC), the Plaintiff who commenced this adversary proceeding. The Complaint filed by ARC sought a declaratory relief and turnover of certain traffic documents and airline identification plates in possession of Wills Travel Se...
Views: 0
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEBTOR’S OBJECTION TO CLAIM # 127 OF NYSA-ILA PENSION TRUST FUND AND PLAN AND ORDER ON OBJECTION TO CLAIM #127 OF NYSA-ILA PENSION TRUST FUND AND PLAN THIS IS a Chapter 11 case, and the matter under consideration is a challenge by Uiterwyk Lines (West Africa) Limited, the Debtor in the above-captioned case, to the allowability of the claim of Nysa-Il...
Views: 0
*511 ORDER ON MOTION TO LIFT STAY THIS CAUSE came on for consideration upon notice and hearing of a Motion to Lift Stay, filed by Life Savings Bank, a creditor of the above-captioned Chapter 11 case (Life). Life seeks relief from the automatic stay in order to go forward with the foreclosure and quiet title action currently pending in the Circuit Court of Pinellas County, Florida, and an evic...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY AND ORDER ON CROSS-MOTION FOR SUMMARY JUDGMENT THE MATTERS under consideration in this Chapter 7 adversary proceeding are a Motion for Summary Judgment as to Lia *321 bility, filed by ITT Financial Services, Inc. (ITT), the Plaintiff of the above-captioned case, and a Cross-Motion for Summary Judgment filed by Alice I. Claar, the Defendant....
Views: 1
72 B.R. 307 (1987) In the Matter of PROVINCETOWN-BOSTON AIRLINES, INC., a/k/a PBA, Debtor(s). Bankruptcy No. 85-617. United States Bankruptcy Court, M.D. Florida, Tampa Division. April 2, 1987. Harley Riedel, Tampa, Fla., for debtor. Catherine Peek McEwen, Tampa, Fla., Susan Block Lieb, New York City, for E.F. Hutton. ORDER ON OBJECTION TO CLAIM # 1849 OF E.F. HUTTON & COMPANY, INC. ALEXANDE...
Views: 2
Heard on March 5, 1987, on the United States Trustee’s motion for reconsideration and for an order vacating the voluntary dismissal of the debtor’s Chapter 11 case, on the ground that the debtor had not paid the minimum quarterly fee now required of all Chapter 11 debtors. The debtor objects to the motion. For the following reasons, the motion of the United States Trustee is denied. Debtor’s mo...
Views: 0
MEMORANDUM OF DECISION I. The dispositive issue in this adversary proceeding brought by Best Corporation, the debtor in possession in this chapter 11 case, against Gibson Chemical & Oil Corporation (Gibson) is whether, for purposes of § 547(c)(4) of the Bankruptcy Code, a transfer occurs upon delivery of a check or at the time the check is honored. The following background is based u...
Views: 0
*56ORDER ON TRUSTEE’S OBJECTION TO CLAIM #7 OF BARNETT BANK THE MATTER under consideration is the Trustee’s Objection to Claim # 7 of Barnett Bank (Barnett) filed by Jary C. Nixon, the Trustee (Trustee) in the above-captioned Chapter 7 case. The claim of Barnett is in the nature of a deficiency claim after the liquidation of its collateral. It is the Trustee’s contention that since he did not rece...
Views: 0
*42ORDER ON MOTION TO DISMISS AND ORDER ON OBJECTION TO A LIMITED PORTION OF THE JOINT STIPULATION AND ORDER APPROVING JOINT STIPULATION IN AGREEMENT AND SETTLEMENT OF CONTROVERSY THE MATTERS under consideration in this Chapter 11 case are an Objection to a Limited Portion of the Joint Stipulation and Order Approving Joint Stipulation in Agreement and Settlement of Controversy, filed by M. Jay Lan...
Views: 0
MEMORANDUM OPINION On January 29, 1987, Reading Tube Corporation, debtor (“debtor”), filed with this court a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code. On February 4, 1987, Meridian Bank, on its own and for Farmers Home Administration, United States Department of Agriculture, and Economic Development Administration, United States Department of Commerce (“...
Views: 0
MEMORANDUM The hearing to consider confirmation of the Debtors’ Chapter 12 Debt Adjustment Plan was called on April 22, 1987. The Debtors appeared in person and by counsel and announced that no objections to confirmation had been filed. Two holders of secured claims appeared by counsel and announced that they had consented to the Debtors’ treatment of their secured claims in the proposed plan. ...
Views: 1
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS ADVERSARY PROCEEDING This matter is before the Court, upon a motion filed by defendant Leonard C. Tie-man seeking to dismiss this adversary proceeding. The basis for the defendant’s motion is his assertion that plaintiffs complaint was not filed within the time required by the Bankruptcy Code and Rules. Defendant filed his petition under the provis...
Views: 0
ORDER DENYING MOTION TO REOPEN CASE This matter is before the Court on a motion seeking to reopen this case and for an expedited hearing on that request. The request to reopen the case, filed on behalf of debtor Carroll Frederick Harper, was opposed by Hite and Hite, attorneys-at-law (“Hite”), the creditor against whom the debtor’s motion seeks relief. The matter was heard by the Court fo...
Views: 2
MEMORANDUM OPINION This cause came before the Court on the complaint of First Federal Savings and Loan Association of Florida (“First Federal”) seeking a declaratory judgment that it had a perfected interest in rent proceeds collected pre and post-petition by AAA Properties of Polk, Inc. (“AAA”). Each of the defendants assert an interest in those proceeds. Upon consideration'of the evidence, argu...
Views: 0
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT THE MATTER under consideration is a Motion for Partial Summary Judgment filed by Warren Ronald Coan and Janis Ruth Coan (Debtors), the Plaintiffs in the above-captioned adversary proceeding. The Debtors allege that there are no genuine issues of material fact and they are entitled to judgment as a matter of law. The Court has considered the Motion, t...
Views: 3
ORDER GRANTING MOTION TO INTERVENE AND ANSWER This matter is before the Court upon a Motion to Intervene and Answer and a supplemental memorandum thereto filed on *25behalf of Rubicon Industries, Inc. (“Rubicon”). The duly-appointed Chapter 7 trustee and plaintiff in this adversary proceeding, Larry E. Staats (“Trustee”), filed a memorandum opposing Rubicon’s motion for intervention. For the reaso...
Views: 0
MEMORANDUM The holder of an unsecured claim declared nondischargeable in debtor’s precon-version Chapter 7 case objects to confirmation of this composition Chapter 13 plan on grounds that the debtor has failed to commit all projected disposable income as required by 11 U.S.C. § 1325(b) and the plan has not been proposed in good faith as required by 11 U.S.C. § 1325(a)(3). The debtor has c...
Views: 4
DECISION AND ORDER Heard on the trustee’s motion to pay creditors scheduled in Hof Brau, Inc.’s Chapter 11 case, but who have not filed proofs of claim after conversion of the case to Chapter 7. Without reciting the entire procedural and factual history of this case, it is sufficient to say that while the case was still in Chapter 11, disputed claims were fully investigated by the Chapter 11 ...
Views: 2
The trustee in bankruptcy of this Chapter 7 case has objected to twelve claims filed by the debtors on behalf of various entities and persons, including the debtors’ three sons. All of the claims other than the three sons were expunged at a hearing when none of the creditors appeared to *105 support the claims filed for them. Indeed, the trustee advised the court that Neil Rubin, one of the ind...
Views: 2
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of Home Federal Savings and Loan Association of Rockford (Home Federal) to Dismiss Debtors’ Chapter 12 petition. Home Federal is represented by Attorney Wesley E. Lindberg. The M & I Bank of Beloit, who joins in Home Federal’s Motion, is represented by Attorney William W. Rentz. The U.S. Trustee is represented b...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on March 81, 1987, upon the Trustee’s Complaint for Declaratory Relief to Determine Validity, Extent, and Priority of Interest, and the Court having examined the evidence presented, considered the arguments of counsel, and being otherwise fully advised in the premises, does hereby make the following findings of fact and c...
Views: 1
MEMORANDUM OPINION INTRODUCTION On July 29, 1986, Stephen Scott Mitchell and Karen Ann Finnegan Mitchell (hereinafter the “Debtors”) filed separate Voluntary Chapter 7 Petitions. In an order dated October 8,1986, the Honorable David P. McDonald consolidated the cases for determination of the Trustee’s Objection and transferred the cases to this Court. On October 31, 1986, Robert J. Blackwell ...
Views: 0
72 B.R. 647 (1987) In re Joseph A. VAUSE, Virgie L. Vause, Debtors. Bankruptcy No. 2-85-03836. United States Bankruptcy Court, S.D. Ohio, E.D. February 9, 1987. *648 Kenneth C. Johnson, Bricker & Eckler, Columbus, Ohio, for Capital Poly Bag, Inc. Thomas C. Scott, Thompson, Hine and Flory, Columbus, Ohio, for debtors. ORDER SUSTAINING OBJECTION TO CLAIM OF CAPITAL POLY BAG, INC. B.J. SELLERS,...
Views: 0
Heard on January 26, 1987 on the debtors’ complaint for: (1) a determination of tax liability pursuant to 11 U.S.C. § 505; (2) an order enjoining the Internal Revenue Service (IRS) from further collection efforts against the debtors; and (3) for an order requiring payment of the debtors’ legal and accounting expenses by IRS. 1 At the start of the hearing the attorney for IRS conced...
Views: 1
ORDER ON APPLICATION FOR RELIEF FROM STAY This matter came before the Court on the application of Connecticut Mutual Life Insurance Company seeking an order pursuant to 11 U.S.C. § 362(d) granting it relief from the Automatic Stay herein. The Court held a preliminary hearing on April 13, 1987, at which time counsel for the Applicant and the Debtor presented the Court with their declarations of ...
Views: 2
MEMORANDUM DECISION This adversary proceeding was commenced by the above-captioned plaintiffs against debtor, James T. Wilson, to determine that a debt owed plaintiffs by debtor is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The authority which plaintiffs rely upon states that: (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge ...
Views: 1
72 B.R. 968 (1987) In re Edward TASHJIAN, Debtor. Bankruptcy No. 86-03409G. United States Bankruptcy Court, E.D. Pennsylvania. May 5, 1987. *969 James J. O'Connell, Philadelphia, Pa., Standing Chapter 13 Trustee. Jack Miller, Philadelphia, Pa., for debtor. Douglas H. Weiss, Philadelphia, Pa., for Marple Woods Condominium Owners Assn. OPINION DAVID A. SCHOLL, Bankruptcy Judge. The instant case co...
Views: 1
ORDER On February 10, 1987, the Application To Require Debtor To Accept or Reject Exec-utory Contract urged by Woolsey Petroleum Corporation (Creditor) and the Response of RICHARD E. PRICE, d/b/a PRICE EXPLORATION CO. (Debtor) thereto were heard after sufficient notice to all interested parties. No testimony was offered; however, numerous references were made by counsel to the exhibits attached to...
Views: 0
MEMORANDUM OPINION AND ORDER These matters come to be heard upon the adversary complaints filed by Mercantile Trust Company and American Express Travel Related Services (“AMEX”) against *111 the debtor, Jerry T. Pozucek. Included as a named defendant in Mercantile Trust’s complaint is Pozucek’s wife, Michelle. These cases were consolidated for trial by stipulation of the part...
Views: 0
The Debtor, Robert L. Chrzanowski, filed a Chapter 13 petition on October 4, 1984, listing five unsecured creditors. A proposed plan in the Chapter 13 statement was filed on October 22. The plan proposes a monthly payment of $200 for 36 months which results in $180 per month for distribution among creditors holding scheduled unsecured debt of $33,949.93. Three of the debts arise out of the dissol...
Views: 4
OPINION Section 1111(b)(1)(A) of the Bankruptcy Code 1 provides that a nonrecourse deficiency claim must be treated as a recourse claim under a chapter 11 plan, unless the collateral is sold under section 363 or under a chapter 11 plan of reorganization. 2 The controlling issue in this proceeding is whether the “sale exception” to the general rule of section 1111(b)(...
Views: 1
ORDER DENYING CONFIRMATION OF PLAN This case came on for hearing to consider confirmation of the debtors’ Chapter 12 plan. Wendy Alison Nora appeared on behalf of the debtors. Mark C. Halvorson, the trustee, appeared in propria persona. Elissa G. Mautner appeared on behalf of the Farmers Home Administration and the Commodity Credit Corporation, and Gary W. Koch appeared on behalf of the Feder...
Views: 0
OPINION We address herein several disputes which have arisen in the aftermath of our previous decision in this case, reported as In re Crompton, 68 B.R. 831 (Bankr.E.D.Pa.1987). In that decision, we held, on the basis of 11 U.S.C. §§ 502, 506, that the secured portion of the claim of the Debtor’s mortgage in the interest of the estate of the Debtor in a premises co-owned by the...
Views: 2
ORDER DENYING MOTION FOR LEAVE TO AMEND COMPLAINT IN ADVERSARY PROCEEDINGS This adversary proceeding came on before the undersigned United States Bankruptcy Judge on February 19, 1987, upon Plaintiff’s motion for leave to amend its Complaint. Plaintiff appeared by its attorney, Lee W. Mosher. Defendants (hereinafter “Debtors”) appeared by their attorney, David A. Joerg. Upon the moving an...
Views: 1
DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court upon the motion for summary judgment by Don B. Raybourn and Kaye Raybourn, Plaintiffs, against William K. Buroker and Kenneth G. Buroker, Defendants, in consolidated adversary proceedings within the consolidated bankruptcy cases of the defendants. Plaintiffs seek to have the debt of $105,000 owed...
Views: 1
MEMORANDUM OF OPINION ON ALLOWANCE OF ADMINISTRATIVE RENT On October 2, 1986, Pogue Realty (Po-gue) filed a Motion to Compel Payment under § 365(d)(3) of the Bankruptcy Code, or, in the Alternative, for Allowance of Administrative Expenses. On November 3, 1986, the Court heard the argument of counsel and asked that briefs be submitted. Having heard the argument of counsel and read and con...
Views: 2
OPINION Before the court is Bucks County Bank and Trust’s (“bank”) motion for disqualification of debtor’s counsel. The bank contends that the debtor’s counsel’s prior representation of the sole shareholders of the debtor corporation should bar counsel from further representation of the debtor pursuant to the Bankruptcy Code and Canons 4, 5 and 9 of the Code of Professional Responsibility...
Views: 3
ORDER DENYING MOTION FOR TRANSFER OF ADVERSARY PROCEEDING TO U.S. DISTRICT COURT This adversary proceeding has come on before the undersigned United States Bankruptcy Judge upon Defendants’ motion under LOC.R.BANKR.P. (D.Minn.) 103(d) for an order determining entitlement to jury trial and transferring this adversary proceeding to United States District Court. Defendants appear by their at...
Views: 4
ORDER This case came before the Court at a hearing on February 11, 1987 on the above-referenced debtor’s objection to the proof of claim of Chevy Chase Savings Bank, F.S.B. (“Chevy Chase”). The Court took the issues raised at the hearing under advisement to give the parties an opportunity to submit briefs. The relevant facts are as follows. The debtor filed his Chapter 13 petition on May 20, ...
Views: 1
MEMORANDUM OPINION This matter comes before the Court upon the filing by Claude Martin Freeman and Katherine Riggs Freeman (“Freemans” or “Debtors”), the debtors herein, of a complaint to compel turnover of property and for a determination that Eli Lilly Federal Credit Union (“Eli Lilly”), the defendant herein, does not hold a claim secured by said property. A pretrial conference was conv...
Views: 1
MEMORANDUM OPINION AND ORDER A Chapter 7 debtor claims that his interest in two parcels of real estate, neither of which are his homestead, is exempt under Y.A.M.S. Section 442.030 and 11 U.S.C. Section 522(b)(2)(B) as property held in tenancy by the entirety with his spouse who did not join in his petition for relief. The Trustee has objected and requested an evidentiary hearing with res...
Views: 2
MOTION TO AMEND COMPLAINT Before this court is a motion by the chapter 7 trustee to amend her complaint filed in an adversary proceeding instituted against the Bank of New York (“BONY”). For the reasons discussed below, we grant the motion in part and deny it in part. I. For purposes of this motion, the allegations of the proposed amended complaint are taken as true. Sattle...
Views: 0
ORDER At Butte in said District this 5th day of May, 1987. In this Chapter 12 case, Interstate Production Credit Association (PCA) has filed a motion to dismiss this proceeding on the grounds the Debtors do not qualify as family farmers under Chapter 12. The Debtors resist the motion and hearing was held on April 2, 1987. PCA claims that figures obtained for the Debtors’ gross f...
Views: 0
MEMORANDUM DECISION AND ORDER GRANTING AVOIDANCE OF LIEN The issue before this Court is whether Austin may avoid under 11 U.S.C. § 522(f) a lien against proceeds held in escrow. The lien is on proceeds from the sale of debtor’s homestead, on which a pre-judgment attachment had been placed. Since we hold that the escrow proceeds are property the Austins may exempt; that the attachment is t...
Views: 1
ORDER At Butte in said District this 5th day of May, 1987. In this Chapter 12 proceeding, hearing on the Debtor’s Chapter 12 Plan was held on March 24, 1987. Objections to the Plan were filed by one of the secured creditors, Powder River Bank (Bank), on the grounds (1) the amount of the claim stated in the Plan is in error; (2) the Plan is not filed in good faith; (3) the Plan fails ...
Views: 2
MEMORANDUM AND DECISION This is an application by the Chapter 13 Trustee to modify the Debtors’ plan. If allowed, the modification will result in creditors being paid one hundred cents on the dollar. The facts of the case are these. On October 14, 1982, the Debtors filed a joint petition under Chapter 13 of the Bankruptcy Code. Their plan was filed on December 3, 1982. The plan, whic...
Views: 2
MEMORANDUM OF DECISION The issues in this case concern a debtor’s pre-bankruptcy planning and an objection to his discharge. Founders Bank & Trust Company, a creditor, brought this complaint objecting to the discharge pursuant to 11 U.S.C.A. § 727(a)(2) and (4) (1979). The Bank bases its objection upon three transfers of property, contending they were not disclosed or were made “with inte...
Views: 1
MEMORANDUM AND ORDER The matters before the court include a section 506 valuation hearing on farm real estate mortgaged to Aetna Insurance Company (Aetna) and a Chapter 12 confirmation, both brought on by the debtors, Arlon and Rhodell Rott (Debtors), who filed Chapter 12 on January 29,1987. The initial plan was filed on January 29, 1987, and the amended plan now under consideration was filed M...
Views: 1
MEMORANDUM AND ORDER The debtors, Truman and Connie Kingsley (Debtors), by their third amended complaint filed' February 18,1987, seek to have invalidated or voided certain security interests claimed by the defendant, First American Bank of Casselton (Bank), in crops, government payments and feed. The Bank concedes that to the extent the Debtors have feed in addition to the crops grown by...
Views: 1
MEMORANDUM-DECISION AND ORDER The Court has before it the first interim application of Brett W. Martin, Esq. (“Martin”) one of the attorneys for the Debtors, requesting approval for fees and disbursements incurred during the period March 24, 1986 through June 24, 1986. Also considered is the Objection to Application for Interim Allowance submitted by Central National Bank, Canajoharie (“C...
Views: 1
DECISION AND ORDER CONFIRMING PLAN 1. In this Chapter 11 case, disclosure and plan of reorganization have been filed. (While there is reference throughout the file to an Amended Plan, in fact this is a mistake, and the original plan filed has not been amended.) An order approving the disclosure statement was entered February 9, 1987. A date of March 11, 1987 was fixed as the hearing date on con...
Views: 0
DECISION AND ORDER ON CONTESTED INVOLUNTARY PETITION Albert J. Schuholz, Jr., filed an involuntary petition pursuant to 11 U.S.C. § 303 against Donald L. Fales (hereafter “debt- or”). The petition alleges that Schuholz is the holder of a claim against debtor in the amount of $12,931.88. He alleges further that Fales has less than 12 creditors and that debtor is generally not paying his de...
Views: 0
DECISION AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION Plaintiff herein is a Chapter 11 debtor in a related bankruptcy case in this court. Debtor’s business is the operation of an automobile dealership. In the present complaint, reference is made to a class action state court suit against Fred Hurst, Jr. and other unidentified persons. Hurst is the chief executive officer and president of plaint...
Views: 0
MEMORANDUM-DECISION AND ORDER ON TRUSTEE’S OBJECTION TO CLAIMED EXEMPTION Robert H. Woodford (“Debtor”) filed a petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326, (“Code”) on November 25, 1985. On January 23, 1986, the Trustee filed his objection to Debtor’s claimed exemption of his interest in a retirement fund. The matter was submitted upon the memorand...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter comes on before the Court upon the adversary complaint of Clarence Dawley (“Plaintiff”), seeking determination of the nondischargeability of a debt pursuant to § 523(a)(2) and (4) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). Plaintiff alleges that Mark A. Gould, d/b/a Gould’s Construction (“Debtor”), fr...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONFIRMING DEBTOR’S SECOND AMENDED PLAN OF •REORGANIZATION Northeast Dairy Cooperative Federation, Inc. (“Nedco”) filed its petition for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-15326 (“Code”) on August 30, 1985. On June 2, 1986, Nedco filed its Second Amended Disclosure Statement (“Amended Disclos...
Views: 0
*496 MEMORANDUM INTRODUCTION The matter before the Court is the Motion for Summary Judgment filed by the Chapter 7 Trustee of Hemingway Transport, Inc. and Bristol Terminals, Inc. (collectively, the “Debtor” or “Hemingway”). The motion, which raises an issue of first impression in this Court, arises out of an action brought by the above named plaintiffs (collectively, the “P...
Views: 0
*639 ORDER THIS MATTER came on for hearing upon Federal Land Bank of Jackson’s Amended Motion for Relief From the Automatic Stay; Choctaw Boundary Farms, Inc.’s Response to the Amended Motion of Federal Land Bank; Choctaw Boundary Farms, Inc.’s Objection to the Claim of Federal Land Bank of Jackson and Federal Land Bank’s Response to Choctaw Boundary Farms, Inc.’s Objection. ...
Views: 2
MEMORANDUM OF OPINION AND ORDER Thomas and Marcia Day (Plaintiffs), judgment creditors, filed their Complaint to determine the dischargeability of a debt owing to them in the amount of $27,500.00, plus accrued interest from December 21, 1982. This matter is considered upon the Plaintiffs’ motion for summary judgment and the Debtor’s brief in opposition thereto. Upon a review of the pleadi...
Views: 0
MEMORANDUM OPINION AND ORDER DETERMINING JURISDICTION AND DENIAL OF MOTION TO DISMISS INTRODUCTION This proceeding was remanded by the Second Circuit to the United States District Court, Franklin S. Billings, Jr., Judge, on December 26, 1985. Judge Billings then entered an “ORDER OF REFERRAL” on February 10, 1986, to this Court. 2 On remand, the Second Circuit instructed...
Views: 3
OPINION AND ORDER ALLOWING FULL PAYMENT OF SECURED CLAIM This matter came on for trial upon the complaint of The Toledo Trust Company against H. Buswell Roberts, Jr., trustee of the Debtor, Nicholson Industries, Inc., for a turn over order of approximately $110,-000 plus interest. This sum represents the balance of the amount claimed to be due Toledo Trust after the trustee’s distribution to it...
Views: 0
ORDER Hearing on the Debtors’ Amended Chapter 12 Plan was held on April 2 and 10, 1987, together with objections filed by the Trustee, John Deere Company, First Security Bank of Bozeman, Duetz-Allis Credit Corporation, New Holland, Inc., a/k/a Sperry New Holland, Rudolph M. and Sarah Sherick, J.I. Case Credit Corporation, Dorn Equipment Company and First Security Bank of Idaho, which cred...
Views: 1
MEMORANDUM OPINION AND ORDER This adversary complaint came before the Court as well as a Motion to Dismiss, Motion for Relief from the Stay and a hearing on debtors’ Disclosure Statement. The adversary proceeding under Section 548 sought to set aside an allegedly fraudulent transfer of an undivided one-half interest in 258 acres of real estate through a levy and sheriffs sale. Defendants ...
Views: 0
MEMORANDUM The matter before the Court is the adversary complaint filed, on November 30, 1984, by the Trustee of Data Concepts, Incorporated (“DCI” or the “Debtor”) against The Continental Insurance Company (“Continental” or the “defendant”). Through his two count complaint, the Trustee seeks to recover $551,676. The Trustee’s claim is based upon an agreement entered into by DCI and Continental o...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding was tried by the Court on March 31, 1987. The Court having heard the testimony, examined the evidence, observed the candor and demean- or of the witnesses, considered the arguments of counsel, and being otherwise fully advised in the premises, does hereby make the following findings of fact and conclusions of law. This...
Views: 2
MEMORANDUM OF OPINION CONCERNING DEBTOR’S OBJECTION TO CLAIM NO. 45 On October 3, 1978 Harold L. Perry, an attorney of Oakland, California, filed a Proof of Claim (No. 45 on the Court’s Claim Docket) on behalf of Harold B. DeJulio (DeJulio) and Texas Land Venture, a limited partnership (TLV). The Proof of Claim *516states that Perry is the attorney for DeJu-lio and the members of TLY and that he ...
Views: 0
MEMORANDUM OF OPINION CONCERNING MOTION OF THE BANK OF NORTH TEXAS On June 11, 1986, Clayton G. Boyd (Boyd) filed for protection under Chapter 13 of the Bankruptcy Code. On July 16, 1986, the Bank of North Texas (BNT) filed a Motion to Lift Stay on a 1984 Chevrolet Suburban, a 1985 Webbcraft boat, motor and trailer, and a Bowie Hydro-mulcher, all of which were given as security respective...
Views: 0
OPINION AND ORDER DENYING MOTION TO VACATE ORDER REOPENING DEBTORS’ CASE This matter came on to be heard upon movants Paul and Carolyn Workman’s motion to vacate this court’s order dated September 26, 1986 reopening Debtor’s bankruptcy case in order to include movants as creditors. Upon consideration of the testimony, stipulations and oral arguments of the parties, the court finds that movants’...
Views: 0
OPINION AND ORDER DETERMINING DISCHARGEABILITY OF DEBT This matter came on for trial on March 12, 1987, upon plaintiff’s complaint to determine the dischargeability of Debtor/defendant’s debt to plaintiff, pursuant to 11 U.S.C. § 523(a)(5), on the grounds that defendant agreed to pay and hold plaintiff harmless on the note and second mortgage of the marital residence, with a payoff in the...
Views: 2
ORDER DENYING MOTION TO REOPEN CASE This matter is before the court upon movant Charles W. Ewing’s motion to reopen Debtors’ chapter 7 case. Upon consideration thereof, the court finds that movant’s motion is not well taken and should be denied. FACTS Debtors filed their petition in bankruptcy on March 26, 1984. Movant was, at that time, attorney for Debtors. Movant subsequently withdrew as...
Views: 1
MEMORANDUM DECISION ON APPLICATION OF MICHAEL BUTLER FOR NUNC PRO TUNC BORROWING ORDER AND OTHER RELIEF By application dated July .10, 1986, Michael Butler (“Butler”) has sought to have this court sign orders authorizing the debt- or, Roxy Roller Rink Joint Venture (“Roxy”), to borrow up TO $120,000 from Butler nunc pro tunc as of January 2, 1985 and directing Gregory Messer, t...
Views: 0
ORDER DENYING REIMBURSEMENT OF ATTORNEY’S FEES AND EXPENSES TO CREDITOR MICHAEL ZEMON THIS CAUSE having come before the Court on April 3, 1987 upon creditor, Michael Zemon’s Restated Application for Reimbursement made pursuant to 11 U.S.C. § 503(b)(3)(B) and (b)(4) and the Court having considered the argument of the creditor’s attorney and being otherwise fully advised in the premises does here...
Views: 1
AMENDED OPINION In this proceeding the court is asked to determine whether certain monies received by Robert D. Armstrong, Jr., (the “Debt- or”) are property of the estate under Bankruptcy Code (the “Code”) Section 541(a)(1) or excluded from that classification under Section 541(a)(6). The acting Chapter 11 trustee, Michael F. Wurst (“Trustee”), asserts that all such monies are property of the ...
Views: 0
*559 DECISION * FACTS The Debtor in Possession, All-Way Services, Inc. (“All-Way”) (“Debtor”), is a bus company engaged in the business of transporting school children in the Milwaukee area. On January 26, 1987, the Internal Revenue Service (“IRS”), without having filed a Notice of Lien, levied upon All-Way’s bank accounts at M & I Northern Bank of Milwaukee, Wiscons...
Views: 0
MEMORANDUM DECISION I. INTRODUCTION At issue is whether 11 U.S.C. § 331 entitles an examiner and his attorney to a *813 priority for distribution of interim compensation over other 11 U.S.C. § 503(b) administrative claimants when there is a possibility that insufficient funds to pay all administrative claimants in full will exist at the conclusion of the case, there...
Views: 3
OPINION AND ORDER DENYING MOTION TO DISMISS AND GRANTING CHANGE OF VENUE These matters came on to be heard upon Debtor’s motion to dismiss his case to which objections have been filed by creditors, MWP, Inc. and Calvin and Rita Chasteen, and upon creditor MWP, Ine.'s motion for change of venue to Rhode Island or Massachusetts. Upon consideration of the evidence adduced at the hearing and ...
Views: 2
OPINION AND ORDER DENYING DEBTOR’S MOTION FOR ORDER AUTHORIZING EXCHANGE OR SALE OF ASSETS This matter came on to be heard upon Debtor’s motion for an order authorizing exchange of certain personal property for shares of stock or, in the alternative, to sell the property at auction, free and clear of liens, to which an objection was filed by creditors, Fremont Special Machine Company, Inc. and ...
Views: 3
ORDER DENYING CONFIRMATION AND CONVERTING CASE TO CHAPTER 7 The debtor’s chapter 13 plan was before the court for confirmation on April 29. Confirmation is denied under 11 U.S.C. § 1325(a)(3) and (6). The debtor is a married woman. Both she and her husband are employed and they live together, sharing household and other living expenses. The debtor proposes to pay her creditors approximately 2...
Views: 0
OPINION A. INTRODUCTION Presently before the Court is an adversary proceeding in which the Plaintiff, Luther Randolph (hereinafter referred to as “Randolph”), objects to the discharge of the Debtor, Lonnie Somerville (hereinafter referred to as the “Debtor”), pursuant to 11 U.S.C. §§ 727(a)(2), (a)(3), and (a)(5). In the same Complaint, Randolph also seeks a determination of the disc...
Views: 2
72 B.R. 651 (1987) In re SIN-KO, INC., Debtor. Thomas R. MICHALSKI, Trustee, Plaintiff, v. Geraldine SINGER, et al., Defendants. Bankruptcy No. 82-01390, Adv. No. 84-0302. United States Bankruptcy Court, N.D. Ohio, W.D. February 20, 1987. *652 Lawrence Gibson, Toledo, Ohio, for plaintiff. Marvin K. Jacobs, Toledo, Ohio, for Jacobs & Singer. Robert W. Kern, U.S. Dept. of Justice, Washington, D...
Views: 0
MEMORANDUM OPINION RE HEARING ON CONFIRMATION A final evidentiary hearing on the con-firmability of the modified plan of reorganization filed by the debtors on February 23, 1987, was held in Omaha on February 23, 1987. Appearing on behalf of the debtors was David Hahn of Lincoln, Nebraska. Appearing on behalf of The Anchor Bank, a secured creditor and objecting party, was Robert Bothe of Omaha,...
Views: 0
OPINION THIS MATTER came on to be heard on an emergency basis upon the debtor’s motion for an order reinstating the debtor to possession of leased premises. By its motion, the debtor seeks to have this Court oust a lessor which had regained possession of non-residential real property from the debtor/lessee in accordance with applicable state law. FACTS Based on the pleadings and ...
Views: 0
ORDER DENYING CONFIRMATION AND DISMISSING CASES A confirmation hearing was held January 27 on a single plan filed on behalf of the debtors in these two cases, which are administered together, but have not been substantively consolidated. The plan treats all assets and liabilities as though this case were substantively consolidated. No notice nor hearing has been provided. This procedural omissi...
Views: 1
ORDER ON MOTION TO STRIKE THIS CAUSE was brought on for hearing on the debtor in possession’s Application to Compel Custodian and Turnover Property of the Estate directed at Hamilton Projects, Inc. and the motion filed by Hamilton Projects, Inc. for an order striking and dismissing the debtor-in-possession’s application. The basis asserted in the motion to strike filed by Hamilton Projects, Inc...
Views: 5
ORDER DENYING APPROVAL OF DEBTOR’S BROKERAGE COMMISSION AGREEMENT The debtor’s requested approval, under 11 U.S.C. § 327(a) and § 363(b)(1), of a proposed brokerage commission agreement was heard on March 24 and again on April 7. Approval is denied. The debtor owns and formerly operated a 55-bed licensed nursing home in Lake *362 Worth. It had ceased doing business before it sought relief u...
Views: 0
*359 OPINION The matter presently considered by the Court is an objection to the confirmation of the debtor, Christine M. Morris’, Chapter 13 plan. The objection was filed on October 22, 1986 on behalf of National State Bank [hereinafter the Mortgagee] by Edward Casel, Esq., attorney for the Mortgagee. This Opinion, based upon the record before the Court shall constitute this Cou...
Views: 0
OPINION AND ORDER THIS MATTER came before the Court upon a petition by Anne B. Morgan, et al (“Morgan”), the high bidder, in a sale of assets pursuant to § 363(b)(1), to set aside the sale of assets of the debtor-in-possession, Franklin County Visiting Nurses Association, Inc. (“FCVNA”). The sale was confirmed by Order of this Court dated July 17, 1986. The essential facts in this ca...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the Trustee’s objection to a claim filed by TSC Leasing Corporation (TSC) against the estate of New Items Company, Inc. (Debtor). Upon a review of the parties’ respective briefs and arguments thereon, the following constitutes the Court’s findings pursuant to Rule 7052, Bankr. Rules: I. The Debtor and TSC entered into two ...
Views: 0
MEMORANDUM OPINION This cause is before the Court on the Motion of Debtors to dismiss the above-captioned adversary proceeding or, in the alternative, for summary judgment on the issues presented herein. Plaintiff, THE UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE (“IRS”), has opposed the Motions. Briefs have been filed by both parties. The parties do not dispute the factual bac...
Views: 1
ORDER DENYING REHEARING The trustee’s timely motion (G.P. No 228) to reconsider the Order Allowing Fees (C.P. No. 227) was heard on March 24. The trustee’s application had requested $3,189.66 for his fee as chapter 11 trustee and $6,810.34 for his fee under chapter 7. The Order allowed the trustee the maximum compensation of $3,189.66 as requested based on the amount of disbursements...
Views: 1
MEMORANDUM DECISION The plaintiff/trustee seeks recovery under 11 U.S.C. §§ 547(b) and 550(a) of $11,-365 as the value of bulk gasoline transferred to defendant three weeks before bankruptcy. The defendant has answered, asserting the affirmative defense that the gasoline had been consigned by it to the debtor and, therefore, was not the debtor’s property. The matter was tried on March 24....
Views: 2
*311 OPINION THIS MATTER came on to be heard upon the involuntary petition for relief under Chapter 11 of the Bankruptcy Code filed by Lester Walker, Clark Oil Company, and McEwen Lumber Company as petitioning creditors. On May 2, 1986, Lester Walker and two trade creditors, Clark Oil Company, Inc. and McEwen Lumber Company filed the within involuntary Chapter 11 petition ag...
Views: 1
ORDER ON OBJECTION TO CLAIM AND MOTION TO COMPEL TURN OVER OF PROPERTY THIS MATTER came on for hearing upon the trustee’s objection to claim and motion seeking to compel General Motors Acceptance Corporation (GMAC) to turn over to the trustee title to a 1986 Chevrolet Cavalier. The matter having been submitted to the Court on the basis of a Partial Stipulation of Facts and the deposition of Mrs...
Views: 0
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING JUDGMENT OF JANUARY 15 1987 A predecessor trustee in bankruptcy filed these three adversary actions seeking to recover, under various theories of recovery, equivalents in value of certain transfers of value of merchandise to the several defendants, who were alleged to be insiders of the debtor. The actions were consolidated ...
Views: 1
OPINION Like many of the unpleasantries which arise in our society, the developments in the saga of Gary Michael Heidnik (hereinafter referred to as “Heidnik”) and the United Church of the Ministers of God (hereinafter referred to as “the Church”), of which Heidnik is self-proclaimed “Bish *273 op,” have been placed on the doorstep of the bankruptcy courts, due undoubtedly to...
Views: 11
MEMORANDUM OPINION This decision concerns bankruptcy ethics. The proceeding comes before the court upon the Motion to Disqualify Counsel, the Motion for Examination of Debtor’s Transactions with Attorney, and the Motion to Dismiss filed by the United States Trustee. This memorandum shall constitute findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. This is a core pr...
Views: 1
ORDER DECLINING TO APPOINT DOUGLAS L. WINCHESTER, ESQUIRE, AS COUNSEL FOR DEBTORS, DIRECTING THE RETURN OF RETAINER TO DEBTORS AND GRANTING DEBTORS 25 DAYS IN WHICH TO RETAIN SUCCESSOR COUNSEL Currently pending before the court is the issue of appointment of counsel for the debtors, which the court took under advisement in consequence of the hearing held on April 9, 1987. It is establishe...
Views: 0
OPINION The Court writes to announce its decision in the above-referenced adversary proceed *879 ing. 1 On April 14, 1986, J.T. Haile, Bert M. Jones, J. Truett Gill, and Ed R. Fowler (“Complainants”) brought this complaint to determine the dischargeability of a $2,300,-000.00 judgment debt. The Debtor, Daniel E. McDonald (“Debtor”), was found to have conspired to f...
Views: 1
MEMORANDUM ORDER This proceeding came on for hearing on the parties’ cross motions for summary judgment. Dwight R.J. Lindquist appeared for the plaintiff, Security Pacific Finance Corporation, and Gregory R. So-lum appeared for the defendant, Donald E. Grove. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C....
Views: 3
MEMORANDUM OPINION The chapter 7 debtor in this bankruptcy case seeks an injunction in this adversary proceeding under § 105 of the Bankruptcy Code to prohibit further action by the individual defendants (who had received “bad checks” from the debtor prior to bankruptcy) and the state criminal prosecutors “with regard to collection of these debts and/or criminal prosecution.” The case rai...
Views: 0
OPINION The matters before us to be decided are (1) Whether a sale of real property which took place on March 25, 1986, per a court order which authorized the sale pursuant to 11 U.S.C. § 363(b), and which was contemplated by the Debtor’s confirmed Chapter 11 Plan, is valid as to a judgment creditor who allegedly received no notice of the sale; and (2) If the sale is invalid, what effect ...
Views: 0
*686 REPORT AND RECOMMENDATION OF THE BANKRUPTCY COURT TO THE DISTRICT COURT THAT REFERENCE TO THE BANKRUPTCY COURT OF THE ABOVE STYLED ADVERSARY PROCEEDINGS BE MANDATORILY WITHDRAWN UNDER THE PROVISIONS OF § 157(d), TITLE 28, UNITED STATES CODE, OR THAT THE BANKRUPTCY COURT ALTERNATIVELY BE GIVEN SPECIAL INSTRUCTIONS RESPECTING TRIAL AND DISPOSITION OF ACTIONS OR THAT BANKRUPTCY JUDGE...
Views: 0
OPINION In this proceeding, Meridian Bank 1 (“bank”) seeks to prove entitlement to turnover of proceeds of an equipment auction 2 and a livestock auction 3 by virtue of a security interest in such property. The bank also seeks turnover of escrow funds generated by the debtors’ milk proceeds *872 pursuant to a proposed stipulation between the bank and the debtor which allowed the debtors...
Views: 0
MEMORANDUM OPINION Tech Leasing, Inc., Softsol, Inc., and Dealer Support Services International, Inc. filed voluntary Chapter 7 cases on March 18, 1986. On April 10, 1986, an Order of Substantive Consolidation for the three cases was entered. Prior to the filing of the petition in bankruptcy, Softsol, Inc. borrowed $40,017.00 from the Michigan National Bank — North Metro. As security for ...
Views: 1
ORDER GRANTING MOTIONS FOR RELIEF FROM AUTOMATIC STAY AND MOTIONS TO DISMISS OR ABSTAIN The Court has before it four related bankruptcies. On April 20, 1987, the Court conducted a hearing on identical motions in each of these cases. These motions included the Motions to Dismiss or Abstain filed by creditors Sunshine State Service Corporation, Independence Investment Company and Banner Equities,...
Views: 1
OPINION THIS MATTER came before the court upon a motion by United States Fidelity and Guaranty (USF & G), the surety of the debtor, for disbursement to it of the sum of $311,740.57, presently being held by the Town of Cross City (Cross City) pursuant to this court’s order dated July 30, 1986. The funds being held represent proceeds on a construction contract between Ward Land Clearing & D...
Views: 0
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING FINAL JUDGMENT ALLOWING PLAINTIFF A SUPERP-RIORITY ADMINISTRATIVE EXPENSE CLAIM AGAINST THE GENERAL FUNDS OF THE ESTATE IN THE SUM OF $34,986.08 This is an action brought by a secured creditor against a trustee in bankruptcy to recover from the assets of a bankruptcy estate the loss suffered by the secured creditor due to de...
Views: 1
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING COURT’S FINAL DECREE AND JUDGMENT This is an action in which the plaintiff creditor seeks a decree of the bankruptcy court that the indebtedness of defendant to it on account of an educational loan granted or guaranteed by a governmental unit within the meaning of § 523(a)(8) of the Bankruptcy Code is nondischargeable in bankruptc...
Views: 1
ORDER ON RECONSIDERATION OF CLAIM NOS. 8 (HOLLYWOOD FEDERAL SAVINGS AND LOAN ASSOCIATION) AND 12 (SOUTHEAST BANK) On March 16, 1987, following notice and hearing, this court struck Claim Nos. 8 (Hollywood Federal) and 12 (Southeast Bank) on the trustee’s objection. (C.P. No. 17). On March 18, the trustee moved for reconsideration of the order on objections to claims to modify the statement that...
Views: 0
NOTICE OF INTENDED DECISION FACTS In 1985 Richard D. and Marianne Dodd purchased a restaurant located in Mt. Shasta called Perko’s Koffee Kup. Among the assets was a franchise toward which the prior owner had paid $10,000. Since they purchased the restaurant, the Dodds have paid over $1,000 per month to Perko’s Enterprises Inc. (Perko’s) for the franchise. In addition, the Dodds are sublessee...
Views: 1
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on a notice of proposed action for sale of four hundred (400) acres of real property filed by Chapter 7 Trustee Rick A. Yarnall on January 30,1987. Debtor, Emil Anton Hla-vac, resists the trustee’s selling of a 160-acre tract, which was previously determined his homestead under South Dakota law, on the ground that the trustee ha...
Views: 0
76 B.R. 700 (1987) In the Matter of GLOBAL INTERNATIONAL AIRWAYS CORPORATION, Debtor. GLOBAL INTERNATIONAL AIRWAYS CORPORATION, By and Through its UNSECURED CREDITORS COMMITTEE, Plaintiffs, v. Farhad AZIMA, Global International Airways Corporation, and Middle East Leasing Corp., Defendants. Bankruptcy No. 83-02765-2-3-11, Adv. No. 87-0034-2-3-11. United States Bankruptcy Court, W.D. Missouri, W.D...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING DEFENDANTS’ DISCHARGES IN BANKRUPTCY The trustee in bankruptcy, in the action at bar, seeks denial of the debtors’ discharges in bankruptcy on two separate and independent grounds: (1) that the debtors failed and refused to list indebtedness incurred and payable on their monthly operating reports filed with the court in accor...
Views: 0
MEMORANDUM OPINION On June 20, 1984, Jimmy M. Baugh (debtor) filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. The debtor submitted a proposed plan of reorganization, and no creditor voted to reject the plan except Ms. Neale Bearden, who also filed a written objection to confirmation. The debtor orally moved the Court to confirm the plan unde...
Views: 2
ORDER This case is before the Court on a motion by the Business Development Corporation of Georgia, Inc. (“BDC”) for relief from the automatic stay and on an objection by the above-named debtors to the proof of claim filed by BDC. A hearing on the matter was held on March 3, 1987, and continued on March 23, 1987. As a result of the hearing, the Court entered an Order on March 31, 1987, which lifte...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING MOTION TO DISMISS The matter before the court is the Motion of Prudential Insurance Company of America to dismiss the Chapter 12 bankruptcy filed by Mary Freese Farms, Inc. (MFF). This is a core proceeding under 28 U.S.C. § 157(b)(2). After considering the evidence presented at the hearing and the briefs submitted by both parties, this cou...
Views: 1
MEMORANDUM OF FINDINGS OF FACT, CONCLUSIONS OF LAW SUPPORTING FINAL DECREE DECLARING DEFENDANT’S INDEBTEDNESS TO PLAINTIFF IN THE SUM OF $14,574.00 TO BE NONDIS-CHARGEABLE IN BANKRUPTCY AND FINAL JUDGMENT THAT PLAINTIFF HAVE AND RECOVER THE SAME SUM FROM DEFENDANT Plaintiff alleges that an indebtedness owed to it by defendant, on account of the former’s security interest in a boat and tra...
Views: 0
MEMORANDUM OPINION AND ORDER Century Glove, Inc. and its subsidiary Southwest Gloves and Safety Equipment, Inc., filed Chapter 11 petitions on November 14, 1985. On December 3, 1986, First American Bank of New York (FAB) moved for the appointment of a trustee in the case of Century. It is the third motion for the appointment of a trustee. On April 4, 1986, the U.S. Trustee moved for ...
Views: 0
RULING ON MOTION TO CHANGE VENUE OF CASE I. A hearing has been held on a motion by a creditor, Zephyr Park, Ltd. (Zephyr), 1 to change the venue of the above chapter 11 case from the United States Bankruptcy Court for the District of Connecticut to the United States Bankruptcy Court for the Central District of California. 2 Zephyr filed its motion pursuant to Bankr.R. 1014(a)(1) and 28 U....
Views: 0
ORDER DETERMINING SECURED STATUS IN COMPUTER EQUIPMENT Debtor filed a motion pursuant to 11 U.S.C. § 506 for a determination whether Great Southern Savings & Loan Association has a valid, perfected security interest in debtor’s computer equipment. Debtor’s motion was accompanied by a memorandum in support plus interrogatories and requests for production of documents directed to Great Sout...
Views: 0
DECISION AND ORDER CHANGING VENUE Heard on the United States Trustee’s motion to change venue and transfer this case to the United States Bankruptcy Court for the Southern District of Florida. The motion is supported by two of the major creditors. 1 The pertinent facts are as follows: 2 The 19101 Corporation is a Rhode Island corporation which lists, as its sole asset, real property locat...
Views: 2
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING FINAL JUDGMENT DENYING PLAINTIFF’S OBJECTIONS TO THE ALLOWANCE OF DEFENDANT’S CLAIMS The plaintiff trustee in bankruptcy objects to the allowance of the various claims of the Internal Revenue Service against the above referenced bankruptcy estates. The processing of the objections in extensive pretrial and the trial of them ...
Views: 1
OPINION ALLOWING CLAIM OF ELIZABETH DOVYDENAS Elizabeth Dayton Dovydenas (the “Claimant”) seeks the return of several large contributions made to The Bible Speaks (the “Church”). The Church is a debtor in this Chapter 11 proceeding primarily because of this claim, having prevailed in its opposition to the Claimant’s motion to dismiss the proceeding. See In re The Bible Speaks, ...
Views: 27
DECISION ON APPLICATION FOR ATTORNEYS’ FEES * Heard on December 18 and December 23, 1986, on the debtor’s objection to the application of Cooper & Harris, for attorneys’ fees in the amount of $1,215, for services performed in connection with the sale of various properties owned by the debtor.1 *142At the hearing, the debtor, Frederick Clayton testified that he and David Cooper, Esq., his attorney...
Views: 0
OPINION Before the court is a Notice of Motion filed by Barclay’s American/Business Credit Inc. (Barclays) for relief from the automatic stay to enforce its rights and remedies with respect to certain negotiable promissory notes (Investor Notes) issued by various limited partners in connection with their investment in various limited partnerships and subsequently pledged to Barclays as se...
Views: 4
MEMORANDUM OPINION This case raises the issue whether a receiver appointed by a state court to manage and control a limited partnership may commence a case under Chapter 11 (11 U.S.C. § 101 et seq.) for the partnership without the consent of the general partner. As more fully discussed below, the alleged general partner’s motion to dismiss will be denied because this Court finds that the ...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY In this proceeding, we are called upon to determine whether the Government has made out a case that the receipt of an overpayment of Social Security widow’s benefits by the Debtor could be declared nondischargeable, as a debt incurred by false pretenses, a false representation, or fraud, per 11 U.S.C. § 523(a)(2)(A). We find that the Gov...
Views: 4
MEMORANDUM OPINION FACTS The Debtor is, and was prior to the filing of bankruptcy, an employee of Buckeye *797 Pacific Corporation. As an employee, she was eligible to, and did participate in the Retirement Savings Plan (the “Plan”), administered by Forest City. The Plan is qualified under the provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”), 2...
Views: 0
MEMORANDUM OPINION On January 12,1984, Steven D. Boughter and Laura H. Boughter (“claimants”) filed a proof of claim in the amount of $56,-560.00. The claim represents dividends and interest for the period 1970-83 on 675 shares of preferred stock in the debtor corporation. After the debtor objected to the claim, a hearing was scheduled for October 1, 1986. The hearing was continued by agr...
Views: 0
OPINION The matter presently before the court is a complaint filed by James J. Cain, the Trustee of the debtor’s estate, against L.B. Smith, Inc. to avoid an alleged security interest held by L.B. Smith, Inc. in certain equipment. The facts leading up to this proceeding as established from the pleadings and from the Stipulation of Facts filed with this court on February 18, 1986 are ...
Views: 0
ORDER ON MOTION FOR RECOMMENDATION TO WITHDRAW REFERENCE On March 18, 1987 debtor Hawkeye Chemical Company (Hawkeye) filed a motion for recommendation to withdraw reference pursuant to 28 U.S.C. section 157(d). Hawkeye claims that resolution of its amended motion to reject executory contract requires the court to consider not only Title 11 law but also laws of the United States affecting ...
Views: 2
MEMORANDUM OF DECISION AND ORDER I. Background The matters currently before this court for determination stem from an application filed by Norwest Bank Des Moines, National Association (Norwest) on February 24, 1986. Norwest sought to reopen the Chapter 11 case which had been closed by final decree on February 3, 1986 so that the creditor could object to the final accounting by the d...
Views: 1
OPINION The debtor, Dieckhaus Stationers, Inc., has filed a motion to convert this chapter 11 bankruptcy case to chapter 7. The debt- or’s former landlord, King of Prussia Associates, Inc. (“the landlord”), objects to the conversion. Also, the landlord has filed a motion to compel the debtor to timely perform its obligations pursuant to 11 U.S.C. § 365(d)(3). Specifically, the landlord re...
Views: 1
OPINION Before the Court is a Chapter 13 bankruptcy brought on behalf of Maryann Za-wisza (hereinafter referred to as “the Debt- or”), whom all parties agree is a mental incompetent, by her “next friend,” Stephen Feldman, Esquire (hereinafter referred to as “Feldman”). A creditor, Geriatric and Medical Services, Inc. (hereinafter referred to as “Geriatric”), has filed the instant Motion t...
Views: 2
THE FIRST AMENDMENT AND TITHING BY CHAPTER 13 DEBTORS This case presents the question of whether the confirmation of a Chapter 13 plan based on a monthly budget which permits Mrs. Green to tithe violates the Establishment Clause of the First Amendment to the United States Constitution. The case also implicitly raises the countervailing question of whether it would be a violation of the Free Exe...
Views: 3
ORDER This matter comes before the court on the plaintiff’s Complaint to Enforce Provisions of 11 U.S.C. § 525. 1 The matter has been submitted to the court on stipulated facts and the parties’ briefs. The salient facts are as follows. On August 26, 1981, December 7, 1982 and again on September 6, 1983, the defendant, Farmers State Bank (Bank) obtained judgments against th...
Views: 1
MEMORANDUM OPINION The Federal Land Bank of Spokane has objected to confirmation of the debtor-in-possession’s Chapter 12 plan of reorganization. Initially the Federal Land Bank challenges the debtor-in-possession’s eligibility for Chapter 12 on three theories: 1. It is not conducting a farming operation. 11 U.S.C. § 101(17)(B); 2. More than 80% of the value of its assets do not consist of ...
Views: 3
MEMORANDUM OPINION ON COMPLAINT TO RECOVER MONEY AND PROPERTY STATEMENT OF CASE On February 4, 1985, Thomas David Stewart, Debtor, filed a petition for relief under Chapter 7 of the Bankruptcy Code. Ernest V. Harris was appointed as the trustee of Debtor’s bankruptcy estate on February 4, 1985. On October 17, 1985, First American Bank & Trust Company, Plaintiff, filed its “Complaint ...
Views: 1
ORDER The matter before the court concerns objections to exemptions as claimed by Chapter 7 debtors, Alfred and Irene Janz (Debtors). The Debtors filed their petition on November 14, 1986, and the first meeting of creditors was held December 22, 1986. Phillip Armstrong, Chapter 7 trustee, objects to the Debtors’ exemptions to the extent they exceed the $5,000.00 exemption allowed by section 28-...
Views: 0
MEMORANDUM OPINION On the 6th day of November 1986 came on to be considered the Trustee’s Objection to Exemptions; and It appearing to the Court that it has jurisdiction over this proceeding as a core proceeding under the provisions of 28 U.S.C. § 157(b)(2)(B); and The Court, having reviewed the factual stipulations submitted by the parties, the briefs and argument of counsel, m...
Views: 0
MEMORANDUM DECISION The debtor filed his petition for relief under chapter 13 on October 23, 1986 with confirmation of the chapter 13 plan finally set for hearing on February 17, 1987. Several objections were filed by creditors in opposition to confirmation of the plan. The objections filed that are now before the court, challenge the debtor’s eligibility to be a chapter 13 debtor. The re...
Views: 0
OPINION AND ORDER REVOKING DISCHARGE AND DENYING MOTION FOR NEW HEARING This matter came on for trial upon plaintiffs complaint to revoke discharge pursuant to 11 U.S.C. § 727(d)(1) on the ground that Debtors’/defendants’ discharge was obtained through fraud. Upon consideration of the testimony, stipulations and briefs of the parties, the court finds that Debtor/defendant Kenneth L. Reece’s dis...
Views: 0
MEMORANDUM OF OPINION The Plaintiffs, International Brotherhood of Electrical Workers, Local Union No. 602 (Union) and individual members of the Union seek to have certain obligations of Sose-bee Electric Company of Borger, Inc. (Sose-bee) declared the personal obligations of Robert William Bryant (Bryant) to be non-dischargeable in his personal bankruptcy proceeding. Facts ...
Views: 0
OPINION AND ORDER The Debtor, a partnership, filed a Chapter 12 proceeding and IH Mississippi Valley Credit Union (“Credit Union”) filed both a Motion to Dismiss the Chapter 12 proceeding and an Objection to Confirmation of the Plan. The motion to dismiss and one of the objections to confirmation both raise the issue of whether the Debtor qualifies for Chapter 12 pursuant to Section 101(17)(B) ...
Views: 0
MEMORANDUM OPINION Crovine Limited Partnership — 81 (“Cro-vine”) moved for allowance of its claim for past due rent as a priority administrative expense pursuant to 11 U.S.C. §§ 503, 507 and 348 (the “Motion”). The claim of Cro-vine is for rents due and payable from Debtor for the use of commercial premises (the “Premises”) during the pendency of the Debtor’s previous Chapter 13 proceeding (the...
Views: 0
MEMORANDUM OPINION SUSTAINING OBJECTION TO ALLOWANCE OF PROOF OF CLAIM NO. 73i AS A SECURED CLAIM FILED BY INLAND DIESEL, INC. On the 11th day of December 1986 came on to be considered an Objection to the Allowance of Claim No. 73i as a Secured Claim Filed by Inland Diesel, Inc. The Court, having reviewed the pleadings and evidence, makes the following findings: FINDINGS OF FACT Prior to the time ...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The two adversarial proceedings to determine the amount of the common Defendant’s secured and allowed claims against the Debtors, per 11 U.S.C. §§ 502(a), 506(a), and for damages, consolidated for trial, which are addressed in this Opinion present us with issues which involve interpretation of several provisions of Pennsylvania consumer ...
Views: 1
MEMORANDUM OF DECISION ON IRS MOTION TO ALLOW CLAIM I. INTRODUCTION The Internal Revenue Service (“IRS”) brings this motion to allow its unsecured claim for the full amount of $18,131.74, instead of a much smaller sum provided in the debtor’s confirmed Chapter 13 plan, and to modify the plan to provide for payment of the larger amount. The debtor has filed an application to amend her...
Views: 6
MEMORANDUM OF OPINION The above-styled Chapter 11 bankruptcy case and adversary proceeding are before *979 the Court on a Motion to Dismiss 1 filed by Lawrence E. Cooper and Carol Z. Cooper [hereinafter referred to as the “Coopers”]. A hearing on said Motion and the Court’s Order to show cause why the Court should not abstain in the adversary proceeding was held on...
Views: 1
OPINION Attorneys for the above-named debtors sought dismissal of this court’s sua sponte Rule to Show Cause why these cases should not be dismissed, or converted, or a trustee appointed. All parties were served with the Rule to Show Cause prior to hearings on January 9, 1987. The debtors’ motion was denied at that time, and this Opinion supplements and states in greater detail...
Views: 0
*380 DECISION Various motions raise legal issues affecting these consolidated complaints seeking recovery of allegedly preferential transfers. The first issue is the question whether a successor to the reorganized debtor may maintain the complaints and recover preferential transfers under 11 U.S.C.A. § 547 (1979 & Supp.1986). In 1985 the Amarex plan of reorganization wa...
Views: 1
ORDER The present adversary proceeding originated as a turnover action brought by THE NORTHWEST EXPLORATION COMPANY CREDITORS TRUST (NORTHWEST) against VALERO HYDROCARBONS COMPANY (VALERO). NORTHWEST was created pursuant to a confirmed Plan of Reorganization, while VALERO is the purchaser of production from the Doxey Wells and has suspended payments on production proceeds. NORTHWEST reque...
Views: 1
DECISION OVERRULING PLAINTIFF’S AMENDED MOTION FOR EXTENSION OF TIME, GRANTING DE- ' FENDANT’S MOTION TO DISMISS AND SETTING HEARING ON DEFENDANT’S MOTION FOR ATTORNEY’S FEES This is a case arising under 28 U.S.C. § 1334(a) and having been referred to this court is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (I). This voluntary Chapter 7 case was filed on A...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the court on a motion filed by debtors for a new trial. The motion essentially seeks reconsideration of this court’s denial of a motion to convert these two Chapter 11 cases to cases under Chapter 12 of the Bankruptcy Code. Opposing memoranda on this issue have been submitted by the debtor and the Federal Land Bank, the major creditor. For t...
Views: 1
MEMORANDUM OF OPINION CONCERNING MOTION FOR RESOLUTION OF DISPUTED ELECTION Facts On September 19,1986, creditors filed an involuntary Chapter 7 Petition against DB *954 Drilling, Inc. (the Debtor). On October 26, 1986, the Debtor converted the case to a Chapter 11. On February 20, 1987, the United States Trustee filed a First Amended Appointment of Committee of Unse...
Views: 0
MEMORANDUM OPINION This matter comes before the court on motion for relief from the automatic stay filed by Abbeville Bank and Trust Company [Bank]. The issue to be decided by this court is whether, having failed to object to the debtors’ proposed Chapter 13 plan, which provides for payment to the Bank, the Bank can now be granted relief from the automatic stay based on lack of adequate protect...
Views: 2
OPINION AND ORDER This matter comes before the Court on the trustee’s application to sell certain movables by “offset bid”. Such a sale means that a secured creditor bids the amount of the debt owed to him, plus “administrative costs”. The sale nets nothing for the unsecured creditors, but may save the secured creditor some costs and time delays of foreclosure in state court. In this case...
Views: 1
OPINION This matter comes before the Court on the complaint of James H. McNamara and Margaret Mclnnis McNamara against Eddie Douglas Austin, Jr. and Andrea Lynn Prejean Austin, debtors in a Chapter 7 case in this Court, seeking non-dischargeability of a debt on a $78,000.00 promissory note. Plaintiffs seek to have this debt declared non-dischargeable under Bankruptcy Code Section 523 as a debt fo...
Views: 0
MEMORANDUM On November 26, 1986, Raymond H. Reef, Trustee of Causean Realty Trust (“Causean” or the “Plaintiff”) filed a complaint, pursuant to 28 U.S.C. § 2201 and Bankruptcy Rule 7001(a), seeking a declaratory judgment that Friday Afternoon, Inc. (the “Debtor”) failed to properly exercise a right of first refusal contained in its lease with Causean. The Debtor responded to the complaint...
Views: 0
MEMORANDUM OPINION Debtors filed their petition under Chapter 12 on February 10, 1987, and relief was ordered on that date. Notice of the filing and the setting of the Section 341 meeting was issued on February 20, 1987. The schedules filed by debtors and the testimony of debtors at the Section 341 meeting clearly indicated that debtors did not qualify for relief under Chapter 12 in that ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE OBJECTION OF RANDALL W. ATKINS, CHARLES D. BARNETT, ORIN E. ATKINS, AND 500 PARK AVENUE ASSOCIATES TO THE AGREEMENT OF COMPROMISE AND SETTLEMENT OF CLAIMS OF THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES THIS MATTER came before the Court for hearing on the Objection of Randall W. Atkins, Charles D. Barnett, Orín E. Atkins, and 500 Park Av...
Views: 0
MEMORANDUM The matter before the Court is the complaint filed on July 17, 1983 by the Trustee of Alter-Hall Construction Co., Inc. (“Alter-Hall” or the “Debtor”). The complaint seeks the turnover of $29,004.78 from Nightingale Roofing, Inc. (“Nightingale”), pursuant to 11 U.S.C. § 547(b). Prior to trial that was scheduled for April 6, 1987, the parties submitted a joint stipulation of fac...
Views: 0
MEMORANDUM DECISION Schroer Hardware Lumber Co. (“Schroer”) drew a check for $10,000.00 payable to O. Arthur Stiennon. On or about January 16, 1986, Stiennon deposited the check in an account at the First Wisconsin National Bank of Madison (“First Wisconsin”). Before the check cleared the bank permitted Stiennon to withdraw $10,-000.00 from the account. Stiennon deposited the $10,000.00 i...
Views: 3
OPINION AND ORDER Before the Court in this adversary proceeding is the debtor-defendant’s motion to dismiss plaintiff’s complaint. The complaint seeks a determination that plaintiff’s claim against the debtor is nondischarge *984 able under 11 U.S.C. Sec. 523(a)(3)(A), because the claim is for a debt “neither listed nor scheduled” by the debtor “in time to permit ... timely f...
Views: 0
MEMORANDUM DECISION Michael and Kathleen Brown filed a joint petition for relief under chapter 7 of the Bankruptcy Code on December 26, 1985. At that time the Browns were indebted to Blazer Finance Company (“Blazer”) in the amount of $397.60. Blazer had a purchase money security interest 1 in the Kirby vacuum cleaner the Browns purchased for more than $500.00 with the money bor...
Views: 5
MEMORANDUM OPINION This matter arises upon the Defendant’s motion to dismiss that portion of the Plaintiffs amended complaint to determine the dischargeability of a debt which is premised on § 523(a)(2). 1 The motion is based on two grounds: first, that the State lacks standing to bring this dischargeability claim; and second, that the complaint fails to allege fraud with the p...
Views: 0
*918 OPINION The present matter comes before the Court upon Counsel for the Defendant/Third Party Plaintiff’s motion to remove a certain state court action entitled, “Art Mold & Polishing Company, Inc., Plaintiff, -vs- Coordinated Components Corp., Robert Monacchio and Nick Santoro, Defendants” currently pending in the Superior Court of New Jersey, Law Division, Union County, Doc...
Views: 0
MEMORANDUM OPINION This is an adversary proceeding initiated by the Trustee, Alexander T. Bishop, to require the turnover of certain funds in the possession of the trustees of the Pacwest Bancorp Savings Plan (“Pacwest”). The Debtor, Mary T. Cates, a Pacwest employee, did not make an appearance in this action. Pacwest resists the turnover action with two defenses. First, it asserts that t...
Views: 0
MEMORANDUM On March 10, 1987, Gull Air, Inc. (“Gull Air” or the “Debtor”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. Less than two weeks later, on March 19,1987, the First National Bank of Dubuque (the “Bank”) filed an emergency motion for relief from stay, seeking possession of an aircraft identified as an Embraer Model EMBA 110-P1, License Number N870...
Views: 4
ORDER GRANTING PARTIAL SUMMARY JUDGMENT This matter came before the Court upon the motion for summary judgment as to Counts I and II filed by plaintiff, and a cross-motion for summary judgment by defendants. 1 Count I of the complaint seeks to except a $23,000 debt from discharge pursuant to 11 U.S.C. § 523(a)(5) because the debt is in the nature of child support. Count II of t...
Views: 0
MEMORANDUM DECISION AND ORDER Prior to the filing of the petition in this Chapter 13 case, the creditor, Midland Mortgage Co., recovered judgment foreclosing a mortgage given by debtors. A *994 Sheriffs sale was scheduled, but debtors filed their petition herein on the day preceding the date set for the sale. The automatic stay provisions of Section 362 of the Bankruptcy Code, 11 U.S.C. § 362...
Views: 2
MEMORANDUM OF DECISION RE: MOTIONS FOR SUMMARY JUDGMENT — RICHLAND COUNTY TAX CLAIMS The Richland County Treasurer (Treasurer) has requested the court to allow immediate payment of $108,824.67 in pre-petition personal property taxes and penalties as a priority claim and $495,863.03 in post-petition real and personal property taxes as administrative expenses. The Chapter 11 Co-Distribution...
Views: 2
ORDER This matter is before the court upon the complaint of plaintiff-debtors against defendants Donald Sosebee and Counte Cooley to compel Donald Sosebee to turn over funds to complete the purchase of certain real property and to terminate Counte Cooley’s alleged interest in that properly. Debtor subsequently amended the complaint and added Wauka Communications, Inc. as a party defendant...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on March 11, 1987 upon the complaint of Mark S. Krohn, a creditor, against Edwin Tracton, the debtor, seeking an exception to discharge of a state court judgment on a promissory note pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6) and the Court having heard the testimony, examined the evidence presented, observed ...
Views: 1
DECISION The matters under consideration in this Chapter 7 adversary proceeding are: (1) the motion of the defendant, CATERPILLAR INC., for a determination that this is not a core proceeding; (2) CATERPILLAR’S motion for transfer and reference of issues to the Interstate Commerce Commission (ICC); (3) CATERPILLAR’S motion for leave to file a jury demand; and (4) the motion of the plaintif...
Views: 1
DECISION ON MOTION TO DISMISS The complaint filed by plaintiff states that it is an adversary proceeding to determine dischargeability of a debt. The plaintiff states that it sold two vehicles to the *826 defendant and was paid with a check which was later dishonored. Plaintiff made written demand on the debtor for the return of the vehicles pursuant to Ohio Revised Code, § 1302.76, but plain...
Views: 0
MEMORANDUM OPINION AND ORDER ON ANTONOW & FINK’S MOTION FOR RECONSIDERATION OF OCTOBER 14, 1986 ORDER DISALLOWING CERTAIN ATTORNEY’S FEES Antonow & Fink (“A & F”) as counsel for the Official Unsecured Creditors Committee for Pettibone Corporation has moved for reconsideration of this Courts’ October 14, 1986 Order. That Order allowed in part and disallowed in part A & ...
Views: 3
ORDER This matter came on for hearing before me on the motion of the debtors to extend the time for filing an amended chapter 12 plan and to obtain an order clarifying or amending my order of May 11, 1987, denying confirmation of debtors’ chapter 12 plan. This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and Local Rule 103(b). This is a core proceedi...
Views: 0
FINDINGS AND CONCLUSIONS RE: OBJECTION TO CLAIM NO. 441 The Chapter 11 debtor and debtor in possession, Unimet Corporation, fka The Union Metal Manufacturing Company (Uni-met), has objected to the $830,444.91 proof of claim, as amended, filed by the United States of America on behalf of the Internal Revenue Service (IRS or government). The IRS claim asserts liabilities for 1979 to 1983 co...
Views: 1
ORDER This case is before the Court on a Motion for Relief from Stay filed by Heller Financial, Inc. (“Heller”). At the hearing on the matter on May 14, 1987, it appeared that Heller and the Debtor, Air Atlanta, Inc., were prepared to enter into a consent order granting Heller the relief it sought. Prior to the hearing, however, Atlanta Airlines Terminal Corporation (“AATC”), although it had not ...
Views: 1
ORDER This case is before the Court on a motion to lift stay to permit setoff filed by National Bank of Georgia, Inc. (“NBG”). At the hearing on the matter on May 27, 1987, NBG presented documents and testimony showing that the total amount on deposit in seven (7) of the debtor’s accounts maintained at NBG was $276,298.16 as of the date the debtor filed its Chapter 11 peti *427 ...
Views: 3
Memorandum of Law and Order re: Computation of Chapter 12 Trustee’s Fee The matter before the Court is the confirmation of Debtors’ proposed Chapter 12 Plan. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (L). Having reviewed the Debtors’ Chapter 12 plan and briefs on this issue, the Court enters the following ruling and Order. FINDINGS OF FACT The Debtors are farmer...
Views: 2
ORDER THIS MATTER came on to be heard on confirmation of the debtors’ Chapter 12 plan of reorganization. The debtors have presented an amended plan which provides for the surrender of certain parcels of property to secured creditors and consequent down-sizing of the farming operation in an effort to restructure their finances and arrange for satisfaction of claims and manageable debt serv...
Views: 2
OPINION AND ORDER The debtors are farmers who filed a Chapter 12 proceeding. The matter came before the Court on the hearing to confirm their plan. The Federal Land Bank of St. Louis (LAND BANK), a secured creditor holding a first mortgage on their farm, filed objections to the plan. The facts are not in dispute. The debtors’ farm consists of 222.2 acres and was valued by their appraiser ...
Views: 1
73 B.R. 638 (1987) In re Robert L. MILLS, Debtor. SDRAWDE TITLEHOLDERS, INC., a California corporation, Plaintiff/Appellee, v. Robert Lee MILLS, etc., Defendants/Appellants. BAP No. CC 86-1122 MoVMe, Bankruptcy No. LA 83-00140 GM, Adv. No. 83-3882 GM. United States Bankruptcy Appellate Panels of the Ninth Circuit. Argued and Submitted October 29, 1986. Decided April 21, 1987. *639 Jerry H. Green,...
Views: 3
Gregory and Esther Stackhouse appeal from an order granting summary judgment in favor of David Rock Hudson on a complaint to determine dischargeability of a pending drunk driving lawsuit against Hudson. We affirm. On March 28, 1982, Gregory Stackhouse was riding his motorcycle westbound on LaPush Road in Clallum County, Washington. David Rock Hudson was driving his truck eastbound on the s...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came for trial on February 23 and on March 31,1987, on the plaintiff’s, Railway Employees’ Credit Union, complaint to determine dischargeability of debt under section 523(a)(2)(B) and for judgment. The plaintiff appeared through counsel, Dennis E. Mitchell. The debtor-defendant, Nina Lee Centers, appeared through counsel, Patrick S. Bishop. FINDINGS OF FACT...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon a Complaint filed pursuant to 11 U.S.C. § 523(a)(2)(A), § 523(a)(2)(B), and 11 U.S.C. § 727 to except from discharge the debts and obligations of Richard Gitelman and Barbara Gitelman (the “debtors”), and the Court, having heard the testimony and examined the evidence presented, observed the candor and demeanor ...
Views: 3
DECISION The complaint in this adversary proceeding asserts a claim against defendant/debt- or for damages, and seeks a holding by this court that the debt be found to be nondis-chargeable. In addition, the complaint seeks to have debtor’s discharge denied. There are other claims set out in the complaint, but these were abandoned during closing argument. Plaintiff is an individual wh...
Views: 1
MEMORANDUM ON MOTION TO DISMISS FILED BY DEFENDANT, BEN MADISON CRUMLEY, II, AND ON PLAINTIFFS’ RENEWED MOTION FOR SUMMARY JUDGMENT I. Ben Madison Crumley, II (debtor) filed a voluntary petition under Chapter 7 of title 11 on August 28, 1985. 1 On September 9, 1985, the court entered an order fixing October 4, 1985, as the date for the meeting of creditors under Bankruptcy...
Views: 0
DECISION AND ORDER ON MOTION IN LIMINE In Adversary 1-86-0104, plaintiff sues to deny defendants a discharge. The com*72plaint is based upon 11 U.S.C. § 727, asserting that defendants knowingly and fraudulently made a false oath, transferred property within one year prior to the filing of the petition, and failed to keep adequate records. There is an additional curious allegation, that within 30 d...
Views: 0
MEMORANDUM DECISION Debtors each claimed a $1,200 exemption in two motor vehicles. The Chapter 7 trustee objected contending that under California Code of Civil Procedure (“C.C.P.”) § 704.010 the debtors are only entitled to exempt the aggregate equity of $1,200 in all motor vehicles. This court sustains the trustee’s objection. This court has jurisdiction to hear this matter pursuant to 28 U.S.C....
Views: 0
DECISION AND ORDER Movant filed the present motion to lift thé stay because it is under an order from the Industrial Commission of Ohio to pay debtor the sum of $3,210.00. (Movant is a self-insurer, and the amount in question represents a worker’s compensation award.) The reason for the present motion is that 11 U.S.C. § 362(a)(7) stays certain setoffs. In its motion, movant presses two points. Th...
Views: 0
DECISION AND ORDER GRANTING MOTION TO DISMISS This adversary proceeding was filed to determine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(5). The plaintiff, a debtor in this court and the former husband of the defendant, states that the debts which he agreed to be responsible for in the parties’ separation agreement are not in the nature of alimony, maintenance, or supp...
Views: 1
MEMORANDUM OPINION On December 22, 1986, Tim Wargo & Sons, Inc., (debtor) filed a petition for relief under the provisions of chapter 12 of the Bankruptcy Code. Equitable Life Assurance Society of the United States (Equitable Life) filed a motion to dismiss the chapter 12 case, or in the alternative, for relief from the automatic stay, claiming that the debtor was not eligible for relief ...
Views: 1
MEMORANDUM OPINION Before the Court is Movants’ claim for damages, pursuant to 11 U.S.C. § 303(i), arising as a result of involuntary petitions in bankruptcy filed by Reserve Petroleum Company (hereinafter “Reserve”), and subsequently dismissed by this Court. After reviewing both the testimony offered at the hearing on this matter and the supplemental briefs submitted by the parties, we f...
Views: 0
MEMORANDUM OPINION Presently before the Court is Debtor’s Request For A Preliminary Injunction and Complaint For Injunction, asking that this Court enter an Order directing Hipak Industries, Inc. (hereinafter “Hi-pak”) to cease and desist from any further activity in pursuit of a declaratory action filed in the Northern District of Illinois against this Debtor. At issue are questions rela...
Views: 1
DECISION The plaintiff, American Family Mutual Insurance Company (“American Family”), asks that its claim against the debtor, Jon Louis Anderson (“Anderson”), be declared nondischargeable pursuant to § 523(a)(9) of the Bankruptcy Code. 1 Anderson moved to *464 dismiss on the ground that no judgment or consent decree was entered in a court of record prior to the commencement of this case. ...
Views: 3
MEMORANDUM OPINION Debtor filed a Chapter 13 petition on April 3, 1987, but had filed neither a plan nor a plan summary by April 20, 1987, when the case was dismissed for said omission. Creditor Security Pacific Finance Corporation had filed a Motion for Relief From the Automatic Stay as well as a Motion to Dismiss. Debtor sought and obtained reinstatement of the Chapter 13 claiming that resolutio...
Views: 0
MEMORANDUM OPINION Before the Court are motions by Merrill Lynch Realty Florida, Inc. (hereinafter “Merrill Lynch”) and Carlton Real Estate (hereinafter “Carlton”) for commissions resulting from the sale of property located at 551 South Barfield Drive, Marco Island, Collier County, Florida (hereinafter the “Marco Island Property”). Merrill Lynch asserts a right to said commission in ...
Views: 0
MEMORANDUM DECISION Robert Gerard Vigghiany, a self-employed electrical contractor, (“debtor”) scheduled his individual retirement account (“IRA”) as exempt from property of the estate pursuant to California Code of Civil Procedure (“C.C.P.”) § 704.115. The Chapter 7 trustee filed an objection to the claim exemption, contending that since the debtor has unlimited capacity to reach IRA funds, th...
Views: 2
DECISION The issue is whether Herschel L. Wol-line, Jr. (“debtor”), qualifies as a “family farmer” within the meaning of Chapter 12 which was created as part of “The Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986” (P.L. 99-554, effective November 27, 1986). The debtor filed a petition under Chapter 12 of the Bankruptcy Code on December 31, 1986. First B...
Views: 1
DECISION AND ORDER ON MOTION TO LIFT STAY This Chapter 11 case was filed jointly by husband and wife. Movant moved to lift the stay. At the hearing on the motion, the evidence was that debtor James M. Padgett is a real estate developer and it is his affairs with which this case is for the most part involved. We will hereafter refer to debtor in the singular for that reason, and such reference s...
Views: 1
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the motion of Robert Whitlow (Debtor) seeking under § 554(b) [11 U.S.C. 554(b) ], abandonment of personal property and an order which, if granted, would restore him to possession of a certain checking account. A hearing was held with due notice having been made upon all parties entitled thereto. In response, Ameritrust Company (A...
Views: 0
ORDER Presently before the court is debtor’s motion to avoid lien of First Franklin Financial Corporation, (“First Franklin”), pursuant to 11 U.S.C. Section 522(f). The court entered an order on March 5, 1987, in which this motion was granted due to the default of First Franklin in failing to file a response. The court concludes that this order was inadvertently entered because First Fran...
Views: 0
MEMORANDUM OF DECISION RE: MOTION OF ESSEX SAVINGS BANK, SECURED CREDITOR, TO DISMISS CASE I. In this proceeding, Essex Savings Bank (the Bank) challenges the right of William C. Bendig (Bendig or the debtor) to maintain his chapter 11 case. The Bank has filed a motion to dismiss the debtor’s case pursuant to § 1112(b) of the Bankruptcy Code (Code), which authorizes the court to dism...
Views: 0
MEMORANDUM AND ORDER ON DEBTOR’S MOTION TO ASSUME LEASE Delta Paper Company, Inc. (debtor) filed its voluntary petition under Chapter 11 of title 11 on January 26,1987. On March 24, 1987, the debtor filed a “Motion To Assume Lease And Assign Same Under 11 U.S.C. § 365(f)(3) [sic].” The debtor’s motion was routinely docketed and calendared for hearing on April 27, 1987. At the hearing the ...
Views: 0
MEMORANDUM OPINION Before the Court is a motion filed on behalf of Defendant, Pacific Development Corporation (hereinafter “Pacific”), wherein we are requested to Determine the Nature of this Proceeding and to Abstain From and/or Transfer Case to the District Court. A hearing was held on this matter on February 11, 1987. Thereafter, the parties submitted briefs on the issue of ...
Views: 1
The debtor herein filed a voluntary Chapter 7 bankruptcy petition on November 14, 1985. Plaintiff seeks denial of the debtor’s discharge for alleged failure to keep books and records from which his business transactions or financial condition can be ascertained. 11 U.S.C.A. § 727(a)(3) (West 1979). Plaintiff asserts that the records kept by the debtor are insufficient to reconstruct his busines...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court for trial on April 13, 14 and 23, 1987, on Jet Florida’s Motion for Relief from Award of Attorney’s Fees and its Complaint for an Accounting, for Turnover, and for Further Relief. The Court heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of co...
Views: 2
FINDINGS AND CONCLUSIONS BY THE COURT ON CLAIM OF FIRST FIDELITY CORPORATION Introduction — The above-styled case was commenced and is pending before this Bankruptcy Court under the Bankruptcy Act of 1898, an adjudication of bankruptcy having been entered on an involuntary bankruptcy petition. Except for the Supreme Court, this case, in one form or another, has been before eve...
Views: 0
DECISION AND ORDER RE DISTRIBUTION OF FUNDS BY DEBTORS AND OBJECTIONS THERETO Debtors in this case, at the time of the filing of the case, were engaged in farming. The second amended plan was confirmed December 12,1983. It was a three-year plan and made reference to three cycles. In the end, the farming operation proved not viable and debtors have given it up. Meanwhile, the time periods involv...
Views: 0
DECISION AND ORDER DENYING MOTIONS TO DISMISS This matter came before the court in cases filed by James and Betty Welch which were consolidated for the hearing on motion to dismiss filed in each case by Farm Credit Service of the 4th District, formerly known as Miami Valley Production Credit Association, and the Federal *403 Land Bank of Louisville. Each of the mov-ants is a secured creditor....
Views: 3
OPINION Defendant Bank of America moves to disqualify Plaintiff’s counsel in this action for alleged violations of the California Rules of Professional Conduct. Defendant alleges that Debtor’s special counsel for this action: (1) participated in a breach of ethical duties by Debtor's general bankruptcy counsel against Defendant; and (2) have received confidential information regarding Def...
Views: 0
DECISION AND ORDER SUSTAINING THE MOTION OF FEDERAL LAND BANK TO DISMISS DEBTORS' CASE This matter is before the court upon the motion of Federal Land Bank of Louisville to dismiss the chapter 12 bankruptcy case of John R. Labig and Carol Labig on the ground that the debtors are not “family farmers” as required by 11 U.S.C. § 109(f) and as defined by 11 U.S.C. § 101(17). FACTS On December 1...
Views: 0
OPINION ON ERIE PRESS SYSTEMS’ OBJECTIONS TO EXAMINATION UNDER RULE 2004 Factual Background This matter came to be heard upon the objections filed May 9, 1986 by Erie Press Systems (“Erie”) to the production of documents and information requested by the Debtor, Continental Forge Co., Inc. (“Continental”) in the Subpoena issued May 1, 1986. Continental contacted Erie sometime in 1979 indic...
Views: 1
MEMORANDUM OPINION This matter, sub judice, involves a dispute between the trustee and the debtor over responsibility for payment of postpetition real estate taxes. The trustee is prepared to make final distribution of the assets of the estate, pursuant to 11 U.S.C. § 726, and there are sufficient funds on hand to pay all creditors the full amount of their claims along with pos...
Views: 2
MEMORANDUM ON MOTION OF ROXSE HOMES LIMITED PARTNERSHIP FOR RELIEF FROM AUTOMATIC STAY Roxse Homes Limited Partnership (the “Partnership”) filed a Motion for Relief from Automatic Stay on March 27, 1987. Roxse Homes, Inc. (the “Debtor”), which is a non-profit Massachusetts corporation, filed an opposition and the issues were extensively briefed. Hearings were held April 16, 1987 and May 4...
Views: 2
OPINION In this chapter 13 case, Jay Meyers, Esquire (“Meyers”) has filed what is styled a *488 “Motion for Payment of Agreed Fee” to which debtors have filed objections. Meyers represented the debtors in a civil action which was filed prepetition and settled postpetition. He contends that a portion of the settlement fund represents his fee and must be paid to him immediately...
Views: 2
OPINION The Debtor corporation manufactures sawmill equipment and filed a Chapter 11 proceedings to reorganize. This matter came on to be heard on the Debtor’s motion for confirmation. The Debtor’s plan of reorganization provides for a capital contribution through certain shareholders work-. ing for below normal wages and the reorganized Debtor incurring additional bank debt of $50,000.00...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The Motion for Modification of the Automatic Stay presented to us for determination in the instant case raises several difficult issues. The first is a procedural issue concerning the nature of defenses which may be raised by the Debtor in fending off such Motions generally. We hold that we can consider any defenses which are directly re...
Views: 1
OPINION The resolution of this matter, by reason of our previous decisions, has devolved to a single narrow issue: may a consumer asserting a violation of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter referred to as “TILA”), prevail on the basis of a violation of the TILA argued in his Brief, but not expressly set forth in his Complaint? We answer this question ...
Views: 1
OPINION Before us in the above-captioned case, which served as the backdrop of one of our initial decisions concerning compensation awards, reported at 68 B.R. 337 (Bankr.E. D.Pa.1986), is another Motion for reconsideration of a later award, in which the Mov-ant asks us to reassess our positions in this area, particularly our reluctance to award sums for the costs of xeroxing, postage, an...
Views: 1
DECISION Pending before the Court is the Petition of plaintiff, RIVOLI GRAIN COMPANY, (RIVOLI) to require the defendant, RAYMOND E. LITTON, (LITTON), to answer questions propounded at a deposition. On March 3, 1986, RIVOLI brought an adversary proceeding against LITTON, to determine dischargeability under Section 523(a)(6), which excepts from discharge any debt for willful and malici...
Views: 1
DECISION AND ORDER Before the Court is the objection filed by the debtors, Bryan P. and Sherrie L. Ear-ley, to the claim of the Farmers Home Administration (FmHA). The debtors filed a Chapter 11 bankruptcy petition on February 4,1986. The bankruptcy schedules list the market value of their 135-acre farm to be $87,950.00. The FEDERAL LAND BANK (LAND BANK) is listed as having a first mortgage i...
Views: 1
OPINION The trustee has filed a motion in this chapter 11 case to obtain court approval of his proposed sale of an asset of the debt- or’s estate to Robert Snyder for $73,000.00. The trustee entered into an agreement of sale, conditioned upon the court’s approval, to sell the debtor’s one-half interest in a partnership known as Wheatland Associates. The buyer, Robert Snyder, is the debtor...
Views: 1
ORDER The Debtor’s Amended Plan of Reorganization was heard on March 24, 1987, together with three modifications to the Plan. Objections to the Plan were filed by ITT Commercial Finance Corp. (ITT) and Yamaha Motors Corporation, USA (Yamaha). Ballots filed with the Clerk are as follows: *848 Class Creditor Amount Vote 3.03-Priority Montana Dept, of Revenue $ 896.60 Acce...
Views: 2
MEMORANDUM OPINION The Court writes to announce its decision in the above-referenced adversary proceeding. According to the Statement of Stipulated Facts, filed May 15, 1987, the Debtor, Felix E. Skinner, granted a mortgage on rural property in Hurst County, Texas. The property is a tract of land containing 91.93 acres. On November 2, 1979, the Skinners obtained a loan of $60,000.00 from ...
Views: 0
ORDER ON MOTION TO DISMISS The debtor filed his Chapter 11 petition initiating these proceedings on April 1, 1987. His schedules show equity in real property of approximately $1 million and other unencumbered assets valued at $274,-000.00. The largest scheduled claim is to Alan Wright in the sum of $239,000.00. Total unsecured debts are less than $300,-000.00. *87 The Wright claim is the re...
Views: 1
ORDER The Debtors filed motions pursuant to Section 522(f)(2) of the Code seeking to void valid liens of Manhattan State Bank and Household Finance Company in the Debtors’ principal residence and a 1982 Peterbilt truck. Debtors claim exemption in each item under Montana law, asserting, in the case of the truck, that it is exempt as a tool of the trade under Section 25-13-612, M.C.A. The home is cl...
Views: 0
MEMORANDUM OPINION The debtor in this chapter 13 bankruptcy case has lodged an objection to the proof of claim filed by the Internal Revenue Service (IRS). The IRS has filed a proof of claim in the amount of $10,613.22 seeking to have a portion of its claim allowed as a priority under 11 U.S.C. § 507(a)(7) and the remainder classified as a general unsecured claim. The debtor’s objection i...
Views: 1
MEMORANDUM DECISION When Guild Printing, Inc. (“Guild”) filed a chapter 11 petition on August 12, 1983, the company’s principal business assets were encumbered by a security interest in favor of M & I Bank of Madison (“M & I”) in the amount of $75,000.00 and the tax liens in favor of the IRS totalling approximately $26,000.00. Guild’s efforts at reorganization failed and on October 29, 19...
Views: 1
ORDER ON OBJECTION TO PLAN On March 24, 1987 a confirmation hearing concerning the debtors’ Chapter 12 plan was held before this court. The Farmers Home Administration (FmHA) objected to the 6.5% discount rate the debtors propose to apply to the FmHA’s allowed secured claim. Jerrold Wanek appeared on behalf of the debtors and Linda R. Reade, Assistant U.S. Attorney, appeared on behalf of ...
Views: 3
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT The plaintiffs, James L. Guy and James L. Mann, brought this adversary proceeding against several defendants, including Fidelcor Business Credit Corporation (Fi-delcor). Count III of the complaint seeks to recover from Fidelcor certain rent and tax arrearages under 11 U.S.C. § 506(c). Fidelcor moved for summary judgment, asserting as i...
Views: 1
OPINION ON APPOINTMENT OF TRUSTEE Elizabeth Dovydenas (“Dovydenas”) moves for the appointment of a trustee of this Chapter 11 case, pursuant to 11 U.S.C. § 1104. 1 At the hearing, both the Official *512 Unsecured Creditors’ Committee and the United States Trustee orally joined in the motion. The United States Trustee had previously moved for the appointment of an e...
Views: 5
ORDER ON APPLICATION TO AVOID LIENS On January 21, 1987 an application to avoid liens filed by the debtor on November 5, 1986 and the resistance filed by the Production Credit Association of the Midlands (PCA) on November 26,1986 came on for hearing in Des Moines, Iowa. Reta Noblett-Feld and David E. Grinde appeared on behalf of the debtor. Robert K. Clements and James M. Hansen appeared ...
Views: 0
OPINION The debtor, Joseph Wagner, filed this action against a creditor, Hayward Ivory (“Ivory”), seeking damages for violation of the automatic stay, 11 U.S.C. § 362. 1 Trial of this case was held on December 3, 1986. After consideration of the evidence admit *900 ted at trial, I will award the debtor $100.00 in compensatory damages and $500.00 in punitive damages...
Views: 3
MEMORANDUM OPINION In the instant case, the Debtor has filed a Motion for Citation and Civil Contempt for alleged violations of the automatic stay in connection with the setoff of payments due the Debtor by THE COMMODITY CREDIT CORPORATION (“CCC”) and/or its related agency, THE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE (“ASCS”). A hearing was held on April 21, 1987, at which tim...
Views: 2
DECISION AND ORDER First Wisconsin National Bank of Milwaukee (First Wisconsin) is seeking dismissal of an action against it by the trustee of Standard Law Enforcement Supply Co. of Wisconsin (Standard) for recovery of $356,-800 as a fraudulent conveyance. The relevant contentions appearing in the pleadings are as follows. On July 7, 1983, Standard transferred $356,800 to its subsidia...
Views: 0
*203 MEMORANDUM OPINION This cause came on for consideration upon the Objection of Debtors, ANTHONY and BESS KOSTOGLOU, to the claim of THE UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE (IRS). This is a contested matter under Bankruptcy Rule 9012. Motions for Summary Judgment have accordingly been filed by the Debtors and by THE INTERNAL REVENUE SERVICE. The factual bac...
Views: 0
MEMORANDUM OPINION AND ORDER The Virginia State Board of Contractors and its members are again before this Court having previously, upon its own admission, been found in violation of 11 U.S.C. § 525 and was enjoined from further violation of this section which prohibits discrimination by governmental agencies against debtors in this Court. The present complaint seeks an order adjudicating tha...
Views: 0
FINDINGS OF FACT & CONCLUSIONS OF LAW This cause came on for hearing before the Court on March 17, 1987, on the Complaint of Plaintiff, Van Huffel Tube Corporation, to recover alleged preferential payments. The following Defendants were represented at the trial on this matter: Amsystems, Inc., represented by Carl D. Rafoth, Esq.; Cutsall, Inc., The Dray Co., Trumbull Camera & H...
Views: 3
DECISION AND ORDER ON LANDLORD’S MOTION TO DEEM THE LEASE REJECTED OR VACATE THE AUTOMATIC STAY We are asked to decide whether a landlord who, learning of its tenant’s bank *385 ruptcy, promptly moves to deem its lease rejected or vacate the automatic stay and then accepts one month’s use and occupation has waived or should be estopped from asserting that the lease has been r...
Views: 3
MEMORANDUM OPINION AND ORDER Plaintiff Hitachi Denshi America, Ltd., filed an adversary complaint against defendant Rozel Industries, Inc., seeking to reclaim goods sold to Rozel. This cause comes before the court on Rozel’s motion for judgment on the pleadings. 1 For the reasons set forth below, this motion is granted. Hitachi alleges in its complaint that Ro-zel ordered ...
Views: 1
OPINION REGARDING THE CLAIM FOR CONTRACT REJECTION DAMAGES On December 6, 1982, the Court granted U.S. Truck’s motion to reject its collective bargaining agreement with the Teamsters Union. On August 7, 1984, the Teamsters National Freight Industry Negotiating Committee (the Committee) filed an amended proof of claim (the claim) for the resulting damages. On October 26, 1984, U.S. Truck f...
Views: 3
MEMORANDUM OPINION This cause is before the Court on the Court’s Order that the STATE OF OHIO, *407 DEPARTMENT OF LIQUOR CONTROL (“DEPARTMENT OF LIQUOR CONTROL”), appear and show cause why it should not be found in violation of the automatic stay provisions of 11 U.S.C. Sec. 362. Hearings on this matter were held on September 18, 1986 and September 24, 1986, at which time bot...
Views: 0
OPINION The Chapter 7 debtor, Norman Tilbury, appeals the granting of summary judgment to Max W. Walden, on a complaint to determine nondischargeability, pursuant to 11 U.S.C. § 523(a)(6), of a $224,501.72 debt. The court took judicial notice of the detailed findings of fact, conclusions of law, and judgments entered on November 27, 1967 and August 28, 1984 by the Superior Court of the St...
Views: 1
The debtor appeals the bankruptcy court’s denial of his Application for an Order Deeming his Notice of Appeal Timely Filed. We affirm. FACTS Appellant Michael Provan, a Chapter 7 debtor, scheduled his interest in a pension plan as an exempt asset. Several creditors objected to the exemption and, after a hearing, the court denied the exemption by an order entered April 14, 1986. Provan...
Views: 0
OPINION Appellant Charger Boats appeals the bankruptcy court’s order holding that Charger’s claim is unsecured. We affirm. FACTS In December, 1978, the debtor, Tepper Industries, Inc. (“Tepper”), purchased a spa manufacturing business from Charger Boats (“Charger”) for $180,000.00. In conjunction with the sale, Tepper executed a promissory note in favor of Charger for $128,000.0...
Views: 0
74 B.R. 721 (1987) In re Ralph F. DALESSIO and Susan L. Dalessio, Debtor(s). Ralph F. DALESSIO and Susan L. Dalessio, Appellant(s), v. Alphonse PAUCHON, Norman A. Fowler, Adele Fowler, James H. Dixson, and Hamilton Mortgage Company, Inc., a California corporation, Appellee(s). BAP No. EC 85-1055-AsVE, BK No. 283-02189-W-11. United States Bankruptcy Appellate Panels of the Ninth Circuit. Argued an...
Views: 1
OPINION I This case presents the issue of whether the Bankruptcy Court abused its discretion in awarding Appellee Raymond Asher post-petition attorney’s fees of $32,256.27. The Debtor, Film Ventures International, Inc., argues that the Court should have reduced or denied the legal fees, claiming that Ash-er held an interest adverse to the estate at the time of the bankruptcy filing a...
Views: 2
OPINION Before MEYERS, ASHLAND and JONES, Bankruptcy Judges. FACTS Hammond and Barbara Polk (“Debtors”) filed a joint bankruptcy petition under Chapter 7 of the Bankruptcy Code (“Code”) on May 3, 1985. The Appellant, Ford Motor Credit Company (“Ford”), held a perfected purchase money security interest in Hammond Polk’s automobile. On July 11, 1985, the parties entered into an ag...
Views: 2
OPINION This appeal arises out of the trial court’s order directing the trustee to render an accounting and to turnover funds received in the court approved sale of the trustee’s “right, title and interest” in the estate. The issue presented by the briefs is whether funds received by the trustee in the sale of his right, title and interest in encumbered assets of the estate constitute “proceeds...
Views: 0
OPINION By this action, appellant challenges the imposition of a use tax by appellee California State Board of Equalization on the leasing of property purchased from the estate of the debtor. Appellant objects to the state’s use tax on the grounds that a previous order of the trial court enjoined the state’s attempt to impose a sales tax at the time appellant purchased equipment at a bankruptcy li...
Views: 4
On August 12, 1986 the debtor filed a motion to avoid a judicial lien on the basis that the lien impairs debtor’s homestead exemption. Upon timely objection by the judgment creditor, a hearing was held on December 10, 1986. The Court finds that the debtor filed a voluntary Chapter 7 petition for relief in bankruptcy on May 29,1986. At that time, debtor claimed an exemption on its homestead as p...
Views: 1
OPINION Before MOOREMAN, MEYERS and VOLINN, Bankruptcy Judges. Two separate appeals have arisen from this case and because of the interrelated facts and issues posed within, they have been consolidated. In order to understand the issues presented it is necessary to set forth the relevant facts and proceedings of the underlying case. FACTS On September 2, 1984, creditors Dina Tsafaroff and...
Views: 1
MEMORANDUM OPINION This Memorandum Opinion constitutes the Court’s findings of fact and conclusions of law under Bankruptcy Rule 7052 with respect to the trial on December 18, 1986. Gerrald W. Nance (“Nance” or “Defendant”) filed for bankruptcy on approximately April 10, 1985. On July 22, 1985, Borg Warner Central Environmental Systems, Inc. (“Plaintiff”) filed a complaint to determi...
Views: 3
MEMORANDUM OPINION REGARDING CONFIRMATION OF DEBTOR’S FIRST AMENDED PLAN OF REORGANIZATION The issue is whether the Court should allow the debtor to cramdown its plan of reorganization on the first mortgagee of a substantial part of its farmland when the plan provides that only a certain part of the mortgaged premises be deeded to the mortgagee in full satisfaction of the entire mortgage indebt...
Views: 1
DECISION AND ORDER American Capital Asset Management, CNA Financial Corporation, Elliott Associates, L.P., United Savings Association of Texas and Westinghouse Credit Corporation (“Movants”) seek an order, pursuant to § 1102(a)(2) of the Bankruptcy Code, 11 U.S.C. § 1102(a)(2) (1986) (the “Bankruptcy Code”), requiring the United States Trustee for this district to appoint an additional co...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the court on the motion of the plaintiff, City of Chicago (“City”), for summary judgment on the City’s first amended complaint to deter *139 mine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(7). The facts determinative of the issue before the court are admitted by the debtor-defendant (“debtor”) in his answer to the City’s fi...
Views: 0
MEMORANDUM OPINION AND ORDER This cause coming on to be heard upon the Motion to Disqualify the law firm of Lord, Bissell & Brook from representing Defendants SHELDON DROBNY and JACK NORTMAN, this motion having been filed by Plaintiff and Trustee, JOEL A. SCHECHTER, represented by JAMES S. GORDON, LTD., and upon the response filed thereto by Defendants, SHELDON DROBNY and JACK NORTMAN, represente...
Views: 0
ENTRY ON APPLICATION FOR ORDER AUTHORIZING ABANDONMENT OF PROPERTY On October 17, 1985, Sparmal Enterprises, Inc. (“Sparmal”), filed its voluntary petition under Chapter 11 of Title 11 of the United States Code. On December 3, 1985, Beneficial Commercial Corporation (“Beneficial”) filed the instant application for order authorizing abandonment of property (“Application”). The following facts are ...
Views: 0
MEMORANDUM OPINION ON DEBTOR KATHLEEN POYNOR’S EXEMPTION CLAIM TO INSURANCE PROCEEDS This matter came before the Court for hearing on January 12, 1987 on the objections of the Trustee and various creditors to Debtor Kathleen Poynor’s (“K.P.”) claim of exemption on proceeds from insurance policies. The basic issue in this case is which subsection under § 522 of the Bankruptcy Code applies when...
Views: 1
MEMORANDUM OPINION AND ORDER I Statement of Proceedings This matter comes before the Court on a Motion to Dismiss this case filed by Lafayette Bank & Trust on August 5, 1986. II Findings of Fact The facts necessary to determine the matter are as follows: 1. On June 26,1986, Midwestern United Life Insurance Company (hereinafter: “MULIC”) filed a Motion for Dis...
Views: 2
MEMORANDUM AND ORDER This matter comes to be heard on the motion of Burt Common and Deborah Common (the “debtors”) to reopen their closed Chapter 7 case for the purpose of amending schedule A-3 to add certain omitted creditors, Michael Collins and Margaret Collins (the “creditors”). The court, having carefully considered the pleadings filed herein, does hereby grant the debtors’ motion to...
Views: 0
MEMORANDUM OPINION Debtors filed their petition and plan under Title 11, Chapter 13 on September 2, 1986. The Bank of Gainesville filed its proofs of claim, rejection of the plan and objections to the plan on October 14, 1986, and conducted a Rule 2004 examination of debtors. There were several thrusts to the Bank’s objections but primarily they can be summarized into the compartments of: (1) non ...
Views: 0
MEMORANDUM DECISION On November 24, 1986 Michael G. Laughlin, a general partner in Sunset Developers, a partnership, filed an involuntary Chapter 11 bankruptcy petition for the partnership. The non-petitioning general partner, Criswell A. Kennedy, objects to the involuntary bankruptcy petition. Kennedy alleges that pursuant to I.C. § 53-335 Laughlin has no authority to file an involuntary petit...
Views: 4
DECISION In this proceeding, Sanyo Electric Co., Inc. (hereinafter referred to as “Sanyo”) seeks an order modifying the automatic stay to enable it to foreclose on certain of the debtor’s inventory in which Sanyo alleges a security interest or an order directing the debtor to provide adequate protection to Sanyo as a condition for the use and sale by the debtor of the collateral. Sanyo co...
Views: 2
ORDER RE DEBTORS’ MOTION FOR A CONVERSION OF A PENDING CHAPTER 11 CASE TO CHAPTER 12 The instant proceeding came on to be heard on December 18, 1986, upon the motion filed by the above-named debtors seeking an order authorizing them to convert their pending Chapter 11 case to newly created Chapter 12 of the Bankruptcy Code. CASE BACKGROUND On October 31, 1986, the above-named de...
Views: 0
DECISION In this adversary proceeding, the Chapter 7 trustee seeks an order directing the defendants to turn over to him 10 shares of its common stock, which represents the debtor’s 25% ownership share in the defendant corporation. FACTS The defendant, Omni-Veterinary Supply Co., Inc. (hereinafter referred to as “Omni-Vet”) was organized in the State of New Jersey on or about August 20, 198...
Views: 1
ENTRY ON DEBTORS’ FEBRUARY 5, 1986, MOTION TO AMEND CHAPTER 13 PLAN TO CLARIFY TREATMENT OF CLAIM OF CREDITOR (“MOTION”) The issue before the Court is whether Debtors’ second amended plan must treat the Internal Revenue Service’s (“IRS”) $3,109.50 claim for pre-petition interest as a priority unsecured claim pursuant to 11 U.S.C. Section 507(a)(6). 1 The IRS’ interest *4...
Views: 1
MEMORANDUM OPINION AND ORDER BACKGROUND This well tried on both sides adversary matter comes before the Court on the Complaint of the Trustee against the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS) to determine lien status and to compel turnover of property. The debtors, but primarily Mark Douglas Chuning, had been engaged in farming as a share cropper for the RLDS since 1983. P...
Views: 1
ORDER DENYING PRELIMINARY INJUNCTION This is a highly unusual case in which the Trustee labors under particularly difficult circumstances as a result of the Debt- or’s failure to keep, or in any event make available to the Trustee, adequate books and records. According to credible testimony, Debtor has held numerous parcels of real property, single family, multifamily, and large development projec...
Views: 0
ORDER Came on for hearing on December 19, 1986, the Trustee’s Motion for Extension of Time to File Objections to Discharge of Debtor, and after considering the evidence presented and the argument of counsel the Court enters the following Order. I. Facts On June 9, 1986, Debtors filed their petition in Bankruptcy under Chapter 7. On July 27, 1986, the first meeting of creditors w...
Views: 0
ORDER DENYING MOTION FOR A STAY PENDING APPEAL This matter is before the Court on the amended motion of Syntex Corporation, Syntex (U.S.A.) Inc., Syntex Laboratories, Inc., and Syntex Agribusiness, Inc. (collectively, “Syntex”), pursuant to Rule 8005, Bankruptcy Rules, for the issuance of a stay pending Syntex’s appeal from this Court’s order entered January 16,1987 (the “Order Authorizing Comp...
Views: 1
OPINION JONES, Bankruptcy Judge: FACTS The Debtors, Steven and Samantha Lucas (“Debtors”), filed a Chapter 7 petition on December 20, 1985. On February 26, 1986, the Debtors filed an amendment to their Schedule B and a Motion for Order to Avoid Non-Possessory, Non-Purchase Money Lien. On May 9,1986, the Debtors filed a second amendment to their Schedule B. After a hearing, the court issue...
Views: 1
DECISION ON MOTION FOR AN ORDER EXTENDING TIME TO ASSUME OR REJECT UNEXPIRED LEASES The debtor, A. Tarricone, Inc. (ATI), proposes to invoke 11 U.S.C. § 365(b) in order to assume an ATI gas station lease in Woodstock, New York, which it leases from Scott’s Corner Builders, Inc. (the “lessor”). However, ATI seeks to cure the defaults under the lease by depositing the rent into an escrow account ...
Views: 0
DECISION ON ORDER TO SHOW CAUSE SEEKING ORDER VACATING AUTOMATIC STAY AND DIRECTING TURN OVER OF STOCK The plaintiff, Angelo P. Rainaldi, has moved pursuant to Bankruptcy Rule 4001 and 11 U.S.C. § 362(d) for an order vacating the automatic stay imposed under 11 U.S.C. § 362(a) and directing Marine Mid *456 land Bank to turn over to him the shares of stock which it now holds in two wholly owne...
Views: 1
Rose Construction Company, Inc. (“Rose”) a creditor of this Chapter 11 debt- or, has moved pursuant to 28 U.S.C. §§ 1406 and 1412 for an order transferring the venue of this case to the Bankruptcy Court for the Western District of Kentucky. The debtor opposes the motion on the ground that venue is proper pursuant to 28 U.S.C. § 1408(2) because a partnership of which the debtor is a general part...
Views: 1
DECISION ON ORDER TO SHOW CAUSE SEEKING AN ORDER CLARIFYING AN ORDER OF DECEMBER 22, 1986. The Creditors’ Committee in the above-captioned matters has moved for an order pursuant to Section 2(a)(15) of the former Bankruptcy Act “clarifying” this court’s order dated December 22, 1986, which in relevant part, directs the trustee to collect the sum of $9656.17 as the expenses payable to the ...
Views: 0
OPINION Sanyo Electric, Inc. appeals from an order of the bankruptcy court granting summary judgment for recovery of a preference. 11 U.S.C. § 547. We affirm. FACTS On October 9, 1984 the debtor World Financial Services Center, Inc. filed a Chapter 11 petition. It is undisputed that within 90 days before filing its petition, the debtor paid Sanyo Electric, Inc. $18,347.82. The t...
Views: 0
OPINION The debtor appeals from an order denying his claim of exemption in a pension and profit sharing plan. The debtor’s interest in the plan was held to be property of the estate. We affirm. FACTS The facts of this appeal are undisputed and are adopted from the trial court’s memorandum decision. In re Shuman, 68 B.R. 290 (Bankr.D.Nev.1986). In 1985, Security B...
Views: 1
OPINION John Rose, a partner in the debtor partnership, appeals an order of the bankruptcy court requiring him to turnover to the trustee $11,468.29 in unauthorized postpetition payments. We reverse. FACTS Cloverleaf Properties is a California partnership composed of three general partners: Howard McCluan, John Rose and Nolan Wright. On January 13, 1983, McCluan, acting alone, filed a volun...
Views: 0
OPINION I This case presents the question of whether the Debtor’s tender of a check to its attorney prior to bankruptcy, which is honored by the bank after bankruptcy, is a post-petition transfer avoidable under Section 549 of the Bankruptcy Code (“Code”). The Bankruptcy Court ruled that the check constituted a voidable post-petition transfer. We REVERSE the judgment of the Bankruptc...
Views: 1
OPINION Before ELLIOTT, MEYERS and ASHLAND, Bankruptcy Judges. This is an appeal from a grant of summary judgment in favor of Urbatek Systems, Inc. We affirm in part and reverse and remand in part. PACTS Urbatek Systems, Inc., owned a radio station in Hawaii, which it sold to Michael and Abbie Lochrie in 1981. The Lochries signed a note for the purchase price and also perso...
Views: 1
Appellants, plaintiffs below, bring this appeal from the trial court’s order sustaining debtor’s motion to dismiss the complaint and denying plaintiffs’ motion for relief from error. We affirm. FACTS On July 17, 1986 Marvin A. Harten, aka Marvin Arthur Harten, (hereinafter Har-ten), filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code. At the time of th...
Views: 1
The Superior Court of the State of California appeals from an order of the bankruptcy court enjoining the State’s enforcement of a criminal restitution order against Chapter 13 debtor Charles C. Heincy. This appeal concerns a question not specifically addressed in the United States Supreme Court’s recent decision in Kelly v. Robinson, 479 U.S. -, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986), a Chapter 7 c...
Views: 0
I BACKGROUND On July 3, 1986, a Superior Court in Washington entered a Decree of Dissolution in the marriage of the Debtor and Bonnie Stedman. The decree did not provide for any alimony, support or maintenance payments but did divide up the parties’ property. As part of the settlement, the Debtor was awarded as his sole and separate property some realty which had been used as the parties’ residenc...
Views: 0
78 B.R. 232 (1987) In re George Henry WATSON and Patricia Eileen Watson, Debtors. George Henry WATSON and Patricia Eileen Watson, Plaintiffs/Appellees, v. CITY NATIONAL BANK, a national banking association, James P. Del Guercio, Barbara Faye Stein, Defendants/Appellants. Bankruptcy No. LA 83-19815 RM, BAP No. CC 86-2075 MeMoV, Adv. No. LA 86-2816 RM. United States Bankruptcy Appellate Panels of t...
Views: 2
78 B.R. 260 (1987) In re MARK ANTHONY CONSTRUCTION, INC., Debtor. UNITED STATES of America, Appellant, v. Ian TEDLIN, Trustee, Appellee. BAP No. EW-86-1358-MeEAs. United States Bankruptcy Appellate Panels of the Ninth Circuit. Argued and Submitted November 21, 1986. Decided August 14, 1987. *261 Michael Kovach, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for appellant. Joseph ...
Views: 2
OPINION I. OVERVIEW Landmark Hotel & Casino, Inc. (the Landmark) is a Chapter 11 debtor in possession operating pursuant to a confirmed plan. The Landmark filed an application to reject its collective bargaining agreements with seven different unions. The bankruptcy court denied its application, without prejudice. Within one week, the Landmark filed a supplemental application to reje...
Views: 0
Appeal from the United States Bankruptcy Court for the Eastern District of California; Hon. Loren S.- Dahl, Bankruptcy Judge, Presiding. Before MOOREMAN, VOLINN and JONES, Bankruptcy Judges. Affirmed....
Views: 0
OPINION Before ASHLAND, MEYERS and ELLIOTT, Bankruptcy Judges. Chapter 11 debtor farmers appeal from the denial of their motion to convert to Chapter 12. We affirm. FACTS On December 13, 1985 cattle ranchers Hugh and Elizabeth Clarke filed a petition for relief under Chapter 11 of the Bankruptcy Code. Congress amended the Code, effective November 26, 1986, to provide relief for the family...
Views: 0
OPINION Washington Mutual Savings Bank appeals from an order voiding its interest in the debtor’s real property. We must decide whether the re-recording of a deed of trust which technically violated the stay imposed by Bankruptcy Code § 362 in a husband’s bankruptcy may, on that ground, be avoided by the trustee in a wife’s subsequent bankruptcy. We hold that the lien may not be avoided and rev...
Views: 1
This appeal arises from an order by the bankruptcy court allowing the ap-pellee/Lompa to file a nondischargeability complaint under section 523(c), after the bar date had passed. FACTS As a basis for his nondischargeability complaint, the appellee alleges that he advanced $93,000 to the debtor based on certain misrepresentations. The underlying agreement between the parties was that the debtor wou...
Views: 2
ORDER OVERRULING MOTION TO CONVERT AND GRANTING MOTIONS FOR DISMISSAL This matter is before the Court upon Federal Land Bank of Louisville’s Motion *108 to Dismiss for Lack of Jurisdiction, Farmers Production Credit Association of Ash-land’s Motion to Dismiss for Lack of Jurisdiction and Application for an Order for Relief from Stay, Prohibiting or Conditioning Use of Collate...
Views: 1
DECISION This motion seeks to disqualify Bankruptcy Judge Marvin A. Holland from presiding over this adversary proceeding pursuant to 28 U.S.C. §§ 144 and 455. At the outset, it must be emphasized that this court recognizes the important role that the recusal section serves as a critical safeguard in our judicial system. However, *773 this court is also mindful that recusal m...
Views: 0
*182DECISION AND ORDER On October 16, 1985, Gene and Janet Heckaman, referred to hereinafter as “Debtors,” filed for bankruptcy relief under Title 11, United States Code, Chapter 7. The Debtors were the principals in a business operation known as Forest Homes Inc., hereinafter referred to as “Forest Homes.” Forest Homes was in the business of selling modular homes for placement on the purchaser’s ...
Views: 0
FINDING AS TO DISCHARGEABILITY OF FEDERAL INCOME TAX LIABILITY The parties have stipulated to all material facts regarding the dischargeability of federal income tax liability for which an erroneous, but timely, tax return was filed more than two years before the chapter 7 petition was filed. The matter has been submitted to the court upon briefs. I.STATEMENT OF FACTS On or befo...
Views: 1
OPINION AND ORDER This matter comes before the Court on a Motion for an Order to Show Cause Why Armón Helvig, hereinafter referred to as “Debtor,” should not be held in contempt for willfully violating this Court’s July 2, 1986, order modifying the automatic stay, filed by Sun City Clinic of Chiropractic, Ltd., hereinafter referred to as “Sun City.” This Court has jurisdiction over this matter pu...
Views: 0
DECISION The debtor in this Chapter 13 case 1 seeks to avoid a mortgage foreclosure on its real property based upon the analysis set forth in Durrett v. Washington Nat. Ins. Co., 621 F.2d 201 (5th Cir.1980) and its progeny. Prior to addressing the merits of the debtor’s claim, the court must determine whether a Chapter 13 trustee may exercise a trustee’s avoiding pow...
Views: 0
DECISION AND ORDER On February 5,1987, Del Webb Commercial Properties Corporation (“Del Webb”) and Churchill Development Ltd. (“Debtor”) appeared before this court concerning a final pretrial conference on Del Webb’s motion to vacate the stay, motion to dismiss, and motion to abstain. Prior to the February 5 hearing, however, Del Webb had requested by letter that the court entertain oral argume...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On August 5, 1985, Colburn W. Wood (“Debtor”) filed his petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). On October 29, 1985, Henry Strunk (“Strunk”), and John Sustare (“Sustare”) (collectively “Plaintiffs”), filed an adversary complaint objecting to dischargeability of an obligation...
Views: 1
ORDER DENYING TIMOTHY MATTI-MORE’S MOTION FOR RECONSIDERATION OF DECISION REGARDING VALUATION OF STOCK OF CORPORATE DEBTOR AND ORDER THEREON FILED MAY 21, 1987 AND REQUEST FOR ORAL HEARING On July 13, 1987, at 9:30 a.m., an eviden-tiary hearing will commence before this court regarding the issue of whether the stock of the corporate debtor had any value *625on December 28, 1976. On May 21, 1987, t...
Views: 0
DECISION The debtor, Modem Settings, Inc., sustained a $5,364,674 burglary loss over the Memorial Day weekend of 1982. The debt- or’s insurers, First State Insurance Company and Federal Insurance Company (collectively referred to as “insurers”) paid to the debtor the sum of $3,875,000 and commenced an action in the name of the insured debtor in the Supreme Court, State of New York, County...
Views: 1
*619 MEMORANDUM OPINION AND ORDER Before the Court is the “Motion of Trustee to Assume Unexpired Lease of Debtors” filed on October 2, 1986, by J. Coleman Tidwell, Movant, the appointed Chapter 7 trustee in the consolidated bankruptcy cases of George R. Joyner and Sarah M. Joyner, Joyner Oil Company, Inc., and J-Mart Super Foods, Inc., Debtors. 1 On October 23, 1986, H...
Views: 0
STATEMENT OF THE CASE On June 27, 1986, William E. Fleeman, Debtor, filed a petition for relief under Chapter 11 of the Bankruptcy Code. The Court appointed a committee of unsecured creditors (creditors’ committee) in this bankruptcy case on June 30, 1986. On September 2,1986, the creditors’ committee filed a motion to appoint John H. Hicks as attorney for the creditors’ committee. On Sept...
Views: 0
STATEMENT OF THE CASE On May 31, 1985, Barbara Jean H. Ray, Debtor, filed a petition for relief under Chapter 11 of the Bankruptcy Code. On February 5, 1986, Barbara Jean H. Ray, Plaintiff, filed a “Complaint to Sell Free of Interests of Co-Owners” against Robert F. Ray, William M. Ray, Sheila R. Rosen-crantz, Thomas T. Irvin, Johnny M. Irvin, and Ray Farms, Inc., Defendants. Plaintiff see...
Views: 2
OPINION AND ORDER FOR PAYMENT OF FEES AND EXPENSES This matter was initiated by the filing of motions by the Debtor and by the Official Unsecured Creditors Committee for Kaiser Steel Corporation (“Committee”), each seeking the entry of an order framing a special procedure to be used in these complex cases for allowing and paying professional fees and for the reimbursement of expenses to t...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on May 19, 1987, on the Motion For Relief From Stay filed by Walt Brown. On April 23, 1986, nunc pro tunc April 16, 1986, the state court entered its Findings of Fact, Conclusions of Law and Order in a case between the Debtor and Mr. Brown. (See Exhibit 1). In July, 1985, Brown and Bassett entered into a contract for the purchas...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court has before it for consideration the motion of the Bank of Utica (“Bank”) seeking relief from the automatic stay imposed pursuant to § 362 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). FINDINGS OF FACT On March 13, 1987, O.P. Held, Inc. (“Debtor”) filed a voluntary petition pursuant to Chapt...
Views: 0
MEMORANDUM OPINION Debtor filed a Motion to Avoid Transfer Pursuant to 11 U.S.C. § 522(h). The issue before this Court is what is the effective date of the transfer of wages of the Debtor which were garnished by the creditor, Dressier Motors, Inc., whether the transfer would be avoidable by the Trustee under 11 U.S.C. § 547(b) of the Bankruptcy Code, and whether it is therefore avoidable by the...
Views: 0
MEMORANDUM-DECISION AND ORDER The Trustee has moved to expunge the unsecured claim of Sunfirst Federal Credit Union (“Sunfirst”) on the grounds it was not timely filed. Sunfirst cross-moves for the Court’s reconsideration of its claim. Both matters were heard on April 21,1987, with each party afforded an opportunity to submit memoranda. FACTS On August 11, 1986, the Debtor filed his volunta...
Views: 0
*186 MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER DENYING DISCHARGE Cass E. Mulford (“Plaintiff”) has commenced this adversary proceeding objecting to the discharge of Rand D. Marshall (“Debtor”) pursuant to Fed.R.Bank.Pro. 7001. The Court has jurisdiction pursuant to 28 U.S.C. § 1334, and 28 U.S.C. § 157(a) and (b)(2)(J). A hearing was held on November 17...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On August 18, 1986, Gordon Car and Truck Rental, Inc. (“Debtor”) commenced this adversary proceeding against American Motors Leasing Corporation and AMC Leasing Corporation (collectively “AMC”). The action sought a declaration of AMC’s security interest, if any, in certain automobile and truek franchise/license agreements...
Views: 4
MEMORANDUM-DECISION AND ORDER This matter comes on before the Court on Debtors’ motion for an order re-opening this Chapter 7 bankruptcy case to add a creditor. FACTS On August 3,1982, Debtors filed a voluntary Chapter 7 petition under the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”), but did not schedule the Dunes Hotel and Country Club (“Dunes”) as a creditor. The trustee of the Debtor...
Views: 0
OPINION At issue is whether the plaintiffs are entitled to a preliminary injunction which would prevent payment under a letter of credit. Plaintiffs are the debtor, the committee of unsecured creditors, (appointed pursuant to 11 U.S.C. 1102(a)(1), and an unsecured creditor, Edgemont Stone & Supply Company (Edgemont). 1 The defendants are Provident National Bank (Provident), whi...
Views: 2
MEMORANDUM AND ORDER ON TRUSTEE’S APPLICATION FOR COMPENSATION UNDER § 326(a) At issue is the amount of compensation allowable to the Chapter 7 trustee under 11 U.S.C.A. § 326(a) (West 1979 and Supp. 1987). The trustee maintains the increased percentage allowance provided by the 1984 amendment to § 326(a) applies because the case, though originally filed under Chapter 11 prior to the effective ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Findings of Fact 1. Debtor, St. Augustine Gun Works, Inc., is a Florida corporation licensed by the Bureau of Alcohol, Tobacco and Firearms (“BATF”) to manufacture firearms and other destructive devices. (Claimant’s Exh. 2). Debtor’s president, William Reynolds, testified on behalf of the debtor at the hearing on debtor’s Objection to Claim....
Views: 1
*667 FINDINGS OF FACT AND CONCLUSIONS OF LAW The following Findings of Fact and Conclusions of Law address all issues raised in the Objection by Barnett Bank of Columbia County to Debtor’s Claim of Exempt Property, debtor’s Motion to Avoid Lien of Barnett Bank of Columbia County pursuant to 11 U.S.C. § 522(f)(1) and debtor’s Complaint to Avoid Fraudulent Transfer under 11 U.S.C. § 548(a)(2). ...
Views: 1
STATEMENT OF THE CASE Freddie Darrell Bishop, d/b/a Rainbow Truck Service and f/d/b/a Bishop Warehousing & Distributing Services, Defendant, filed a petition for relief under Chapter 7 on February 3, 1986. On April 21, 1986, First State Bank & Trust Company in Lees-burg, Plaintiff, filed a complaint in which it objects to Defendant’s discharge on the asserted ground that Defendant has rece...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Erie Materials, Inc., Reed Paving, Inc., and Steps & Rails, Inc. (collectively, “Plaintiffs”) seek summary judgment on their adversary complaint filed against John G. Bamholdt (“Debtor”). Additionally, Plaintiffs move to strike the Debtor’s Answer due to an alleged failure to comply with Court-ordered discovery, in contra...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER In this Chapter 7 case, filed pursuant to 11 U.S.C. §§ 101-151326 (“Code”), the Trustee has made application on notice to pay a claim of attorney Richard N. Ames, Esq. and the law firm of Coulter, Fraser, Ames, Bolton, Bird & Ventre, Esqs. (collectively “Ames”) for legal services provided the Debtor pre-petition, and unrelated to...
Views: 0
ORDER ON MOTION FOR CONTEMPT THIS CAUSE was heard on May 21, 1987, on the motion filed by Santa Rosa Truck Stop, Inc., the debtor-in-possession, to hold Internal Revenue Service (I.R.S.) in contempt. The I.R.S. readily admits to violating the automatic stay imposed by 11 U.S.C. § 362 several times but claims that it should not be subjected to sanctions because the violations were not willful. ...
Views: 2
ORDER ON MOTION FOR REHEARING THIS CAUSE came on for hearing on the debtor’s Motion for Rehearing from a previous order by which this Court allowed the state Clerk of the Circuit Court to issue a title certificate and disburse funds received in a foreclosure sale of real property owned by the debtor. FACTS The debtor filed his petition under Chapter 13 of the Bankruptcy Code on November 17,...
Views: 0
FINDING AS TO MOTIONS TO DISMISS AND MOTION TO DISQUALIFY COUNSEL I. STATEMENT OF FACTS On November 9, 1981 Flexible Artcraft Graphics Unlimited, Inc. aka Flexible Art-craft, Inc., by its attorney, Robert Gluck, filed a petition under chapter 7 of the Bankruptcy Code, and Harold Corzin was appointed interim trustee. Apparently, the creditors did not elect a trustee at the § 341 meeti...
Views: 0
ORDER The matter is before the court on the creditor Heights Finance Corporation’s (“Heights”) complaint for Recognition and Enforcement of Lien, which pursuant to this court’s order of October 27, 1986 will be treated as a motion to reconsider the earlier order of August 8, 1986, granting debtors’ motion to avoid lien under 11 U.S.C. § 522(f). Hearing on the motion to reconsider was held on Fe...
Views: 0
OPINION Case Summary Pursuant to 11 U.S.C. § 546 and Pennsylvania Uniform Commercial Code (“UCC”) § 2702, Bethlehem Steel Corporation (“Bethlehem”) asserts a right to reclaim 2,249.83 tons of low volatile coal that it sold on credit and delivered to the debtor prior to the commencement of this chapter 11 case. On April 16, 1985, the date on which Bethlehem made written demand for the coal...
Views: 3
MEMORANDUM — DECISION AND ORDER The Court has before it the Application (“Fee Application”) of O’Hara & Crough, Esqs. (“O’Hara”) as attorneys for the Debtor, dated September 23, 1986, seeking attorneys’ fees and disbursements in connection with its representation of the Debt- or during the period July 15, 1985 through May 31, 1986. The Court notes the Fee Application is interim in na...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Beneficial New York, Inc. (“Plaintiff”) has commenced this adversary proceeding pursuant to Fed.R.Bankr.P. 7001 objecting to the dischargeability of a debt due it from debtor Sandra L. Bossard (“Debtor”). Plaintiff relies upon § 523(a)(2)(B) and § 523(a)(6) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). Debtor ...
Views: 3
*99 OPINION AND ORDER DENYING MOTION FOR AUTHORITY TO ASSUME UNEXPIRED LEASE This matter is before the court upon Debtor’s motion for authority to assume unexpired lease and objection thereto by WNS, Inc. Upon consideration of the testimony and evidence adduced at the hearing, the court finds that Debtor’s motion is not well taken and should be denied. FACTS Debtor filed its voluntary cha...
Views: 1
MEMORANDUM DECISION Debtors have proposed a plan for adjustment of their debts pursuant to Chapter 12 of the Bankruptcy Code. The Federal Land Bank of Wichita, an oversecured creditor, objects to the discount rate used to calculate the present value of its allowed claim. 1 The issue thus concerns determination of the proper discount rate for the claim of an oversecured creditor...
Views: 1
OPINION The present posture of this case causes us to consider a single narrow issue: the extent to which the Chapter 11 Trustee is bound by a court-approved Stipulation of the Debtor during the time that the latter was acting as a debtor-in-possession (hereinafter referred to as “DIP”). While we believe that the Trustee is generally bound by a DIP’s Stipulations, particularly in situatio...
Views: 2
MEMORANDUM-DECISION AND ORDER Fiberglass Industries, Inc. (“F.G.I.”), the parent company and three wholly-owned subsidiaries of F.G.I.: F.G.I. Fibers, Inc. (“Fibers”), Northeast Fiberglass Industries of Amsterdam, New York, Inc. (“Northeast”), and Homestead Place Corp. (“Homestead”), (collectively referred to as “debtors”) filed for relief pursuant to Chapter 11 of the Bankruptcy Reform A...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER was before the Court on March 4, 1987, upon motion of the Debtor, *821 McLean Trucking Company, for a preliminary injunction, asking that Defendants be restrained from taking any action to collect upon a surety bond written by Protective Insurance Company as surety for the Debt- or and running in favor of Defendant California Departmen...
Views: 2
*682 OPINION Before us is an epilogue to our Opinion and Order of April 6, 1987, in the above-entitled matter, reported at 71 B.R. 962, in which we granted a Motion of the Debtor to Reject an Agreement to sell a parcel of vacant land located at 616-24 South 7th Street, Philadelphia, Pennsylvania 19147, to Richard Zeghibe (hereinafter referred to as “the Buyer”). We herein deny a ...
Views: 1
OPINION The matters presently before the Court in these cases are Objections of a creditor and the Trustee to a Stipulation of Dismissal entered into between the Debtors and several of their creditors, who are former tenants of the Debtors whom we shall refer to herein as “the Tenants.” After considering several of the ironies which pervade disposition of motions to voluntarily dismiss Ch...
Views: 2
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY This case, wherein consumer Debtors seek to set aside a sheriff’s sale of their home as a fraudulent conveyance on the basis of 11 U.S.C. §§ 522(h), 522(g)(1), and 548(a)(2), presents a relatively simple issue of whether the Debtors have proven that they failed to receive “reasonably equivalent value” in the “transfer” effected by the sa...
Views: 0
OPINION The debtor, W.L. Bradley Co., Inc., filed a voluntary petition under chapter 11 of the Bankruptcy Code on April 18, 1986. Prior to its filing, the debtor was engaged in the business of wholesale distribution of fruits and vegetables. It terminated its business operations on or about March 24, 1986, shortly before its bankruptcy filing. On December 22, 1986, Sunkist Growers, I...
Views: 2
DECISION AND ORDER TESMETGES The matter under consideration in this Chapter 7 case is an adversary proceeding seeking a determination of the discharge-ability of a debt pursuant to § 523(a)(2)(A) of the Bankruptcy Code. Based upon the evidence adduced at the trial held on May *913 18, 1987, this court concludes that the plaintiff has failed to allege facts and produce evidence sufficient to...
Views: 4
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Debtor Virgil Hager (“Debtor”) has, pursuant to § 522(f) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”), moved for an Order vacating a judgment lien of record on the grounds the judgment impairs an exemption to which he would otherwise be entitled. The motion is contested by the judgment lien holder/creditor Ja...
Views: 1
OPINION This matter is before the Court on the Trustee’s objection to the homestead exemption claimed by the Debtor, Roger Owen. The parties have submitted briefs to the Court and have stipulated as to the facts. The issue is whether the Debtor, Roger Owen, is entitled to claim a homestead exemption in a home he jointly occupied with his wife, Bettey Owen. The property is owned solely by ...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY Our decision-making process in the instant adversarial proceeding fully illustrates that, as judges, we must interpret the law as we find it, and grant such relief and only such relief as the law allows and that the parties, by their pleadings, amplified by their arguments, may request, rather than what might appear “fair.” In the first ...
Views: 4
MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon the trustee’s objection to claim and motion seeking to compel General Motors Acceptance Corporation (G.M.A.C.) to turn over to the trustee title to a 1984 Chevrolet C—10 Pickup Truck. Although the underlying nature of this proceeding is the attempted avoidance of a preference and thus properly brought in an adversarial context, t...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon the trustee’s objection to claim and motion seeking to compel General Motors Acceptance Corporation (G.M.A.C.) to turn over to the trustee title to a 1986 Oldsmobile Cutlass Ciera. Although the underlying nature of this proceeding is the attempted avoidance of a preference and thus properly brought in an adversarial context...
Views: 2
MEMORANDUM The issue before the Court is whether the Commissioner of Revenue, Commonwealth of Massachusetts, Department of Revenue (the “Commissioner”) is entitled to post-petition interest with respect to its priority unsecured tax claim. The issue arises in the context of a Chapter 11 case in which the Commissioner is the only pre-pe-tition creditor of the bankruptcy estate and the valu...
Views: 0
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND ORDERING TURN OYER OF FUNDS This matter is before the court upon Debtor/defendant’s motion for summary judgment and trustee/plaintiff’s response *116 thereto and motion for summary judgment. Upon consideration thereof, the court finds that Debtor/defendant’...
Views: 2
MEMORANDUM OF DECISION I. The question presented in these proceedings is whether several obligations of the debtor to the plaintiff, his former spouse, arising out of the terms of a marriage dissolution decree are nondischargeable because the obligations represent alimony. Both the plaintiff (who remarried during these proceedings and is now known as Angela Vaill) and the debtor brought compl...
Views: 1
MEMORANDUM OPINION AND ORDER Joseph F. Pulley (hereinafter “debtor”) has objected to the Proof of Claim of Greene County Farmers Sale Association (hereinafter “creditor”). At issue is whether the description in the security documents is sufficient to convey upon creditor a perfected secured position. Debtor disputes the validity of creditor’s security interest in his crops, alleging ...
Views: 1
MEMORANDUM OPINION This adversary action under § 523 to determine dischargeability was brought by *166 Ricky D. Jones, hereinafter plaintiff, against James Lee Hartley, hereinafter defendant. Plaintiff sought to have his claim for damages which is pending in the Circuit Court of Jackson County, Missouri, against defendant and two other parties declared nondischargeable under ...
Views: 1
ORDER GRANTING MOTION FOR RELIEF FROM DEFAULT AND FINAL JUDGMENT This matter came before the Court on the motion for relief from default and final judgment filed by defendant, Coaliron Mining Program, a California limited partnership, through certain of its limited partners. Plaintiff objected to the relief requested asserting along with other grounds that the certain limited partners lacked stan...
Views: 0
MEMORANDUM AND ORDER This 23 day of June, 1987, upon the trustee’s request to apply the doctrine of mar-shalling against Pittsburgh National Bank in the above-captioned matter, after notice, hearings and consideration of the parties’ briefs, there being no genuine issue as to any material fact, the legal issues being as follows: (1) Whether a chapter 7 trustee may invoke the doctrine...
Views: 1
OPINION Before us is a Motion requesting authorization from this Court to resume the payment of salary and rent for the realty in which the parent-Debtor’s principal place of business is located to the Chairman and Chief Executive Officer and the primary shareholder of the parent-Debtor, James G. Crouse. We shall award Mr. Crouse the rent payments sought, award compensation of $100,000.00...
Views: 1
ORDER At Butte in said District this 21st day of April, 1987. *42 In this Chapter 12 case, the Federal Land Bank of Spokane (FLB) has filed a Motion To Set Time For Termination of Right of Redemption or in the Alternative, For Relief From the Automatic Stay. The Debtors filed their Chapter 12 Plan on March 12,1987. Hearing on confirmation was set for April 15, 1987, when the...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on February 19, 1987, upon the Complaint of Debtors Ray and Nora Torrente for the determination of validity and priority of a claim, 1 asserted by the United States of America for Federal income taxes, pursuant to § 507(a)(7) of the Bankruptcy Code, and the Court having considered the arguments of couns...
Views: 0
OPINION Before us is a dispute between the Debtors and MERIDIAN BANK (hereinafter referred to as “the Bank”), one of fourteen Respondents named in a Motion by the Debtors to avoid judicial liens against their residential real estate, pursuant to 11 U.S.C. § 522(f)(1). The Bank presses two responses set forth in its Answer: (1) The Debtors should lose their homestead exemptions because of ...
Views: 0
MEMORANDUM OPINION REGARDING CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN The issue in this case is whether, for purposes of § 1325(b) of the Bankruptcy Code, a plan must provide payment of the present value of the full amount of an allowed unsecured claim whose holder objects to the confirmation of the debtor’s Chapter 13 plan if the plan does not provide that all of the debtor’s disposable inco...
Views: 0
ORDER ON FIRST INTERIM FEE APPLICATIONS In the early stages of this case the Court was requested to and did enter an order establishing special procedures for the allowance and payment of interim fees and expenses to professionals and to members of the committees appointed pursuant to 11 U.S.C. § 1102. Under the procedures established the parties were permitted to bill the Debtors (“Front...
Views: 2
*193 FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court upon submission of Memorandum of both parties on Count I of the Complaint of ARTURO and MARIA MUINA’S Objection to the Validity and Priority of the Claims of the Internal Revenue Service and the Court having considered the Briefs submitted by counsel, and being otherwise fully advised in the premises, does hereby...
Views: 0
ORDER This matter is before the Court on the debtors’ motion to convert to chapter 12 and the objections of the Ninth District Production Credit Association (PCA) and Federal Land Bank (FLB) thereto. The debtors appear by William L. Winkley. The PCA and FLB appear by Charles R. Hay of Goodell, Stratton, Edmonds & Palmer. Debtors filed for chapter 13 bankruptcy on October 24, 1986. On...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding is before the Court on the § 547 complaint of the trustee, Larry E. Schneider. The trustee seeks to avoid as a preference the judgment lien of the defendant, U.S. Supply Co. The trustee appears as his own counsel. U.S. Supply appears by Daniel L. Sailler, Swanson, Midgley, Gangwere, Clarke & Kitchin, and Gregory F. Maher, Glenn, Cornish, Ha...
Views: 1
ORDER GRANTING TRUSTEE’S OBJECTION TO EXEMPTION The Trustee objects to the debtor’s claimed exemption in a Thrift Plan. Under Indiana law, the Debtor’s interest in the Thrift Plan is personal property and, therefore, property of the bankruptcy estate under 11 U.S.C. § 541(a)(1). Because the Thrift Plan fails to fulfill Indiana’s spendthrift trust requirements, we hold the Plan does not qu...
Views: 1
ORDER At Butte in said District this 17th day of June, 1987. In this Chapter 12 case, The Federal Land Bank of Spokane (FLB-S) has filed a motion seeking an order of this court for relief of the automatic stay to allow the Sheriff of Jefferson County, Montana, to issue a sheriff’s deed to real property sold at foreclosure sale on February 2, 1986, and purchased by FLB-S. In the same ...
Views: 1
ORDER The creditor Nollmeyer Farms, Inc. has contested the eligibility of the Debtors as family farmers under 11 U.S.C. § 101(17). The issue involves the application of the gross income test, which requires that an individual family farmer and his spouse receive more that 50% of their gross income from farming operations. The facts are undisputed. The Debtors filed this Chapter 12 case on Apr...
Views: 1
ORDER ON PENDING MOTIONS AND PRETRIAL ORDER sitting by designation. The above-captioned adversary proceedings came before the court on June 9, 1987 at a pretrial conference and for hearing upon numerous pending motions and objections. By virtue of prior orders and rulings of the court the defendants involved in this proceeding had been reduced to those named above. At the conclusion of the lengthy...
Views: 1
MEMORANDUM DECISION The Oklahoma Tax Commission seeks an order requiring the trustee to collect and remit applicable sales taxes upon an auction sale of personal property of the estate. Under an agreement the trustee collected the tax and placed it in a segregated account pending determination of the Commission’s claim. The Oklahoma Sales Tax Code imposes a tax, with exceptions not p...
Views: 2
ORDER AND MEMORANDUM AND NOW, this 26th day of June, 1987, upon consideration of the Debtors’ Motion for Reconsideration of our Order of April 3, 1987, a copy of which is attached hereto as Appendix “A,” regarding the conditions under which Ronald H. Silverman, P.C., may be employed as special counsel to represent the Crouse Company, Inc. in Litigation involving Turner Construction Co., In...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter came on for hearing upon the motion of Jeffrey Jerpbak (Jerpbak) seeking dismissal of the Debtor’s Chapter 11 case. A hearing was held with notice having been made upon all parties entitled thereto. Pursuant to Rule 7052, Bankr. Rules, the following constitutes the Court’s findings: I. The Court has jurisdiction of the within matter un...
Views: 0
MEMORANDUM AND DECISION This adversary proceeding was brought by the plaintiff, a Chapter 11 debtor, for a determination of the dischargeability of two debts under Code section 523(a)(5)(B). Both debts arise out of a Judgment of the Superior Court of the State of Connecticut 1 which dissolved the marriage of the parties and, inter alia, ordered the debtor to make cer...
Views: 0
MEMORANDUM OF DECISION This proceeding was before the Court for a chapter 12 confirmation hearing on April 17,1987. The United States of America, on *441 behalf of its creditor agencies, filed a motion to dismiss and an objection to confirmation of the plan. A number of other creditors filed objections to confirmation of the plan. FINDINGS OF FACT The debtors filed their chapter 12 petiti...
Views: 0
MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT On December 16, 1986, plaintiff Gerald Bruner, a judgment creditor of the defendants, filed a Motion for Summary Judgment pursuant to Bankruptcy Rule 7056. Bruner alleges that 11 U.S.C.A. § 523(a)(6) (West 1979) prevents defendants from discharging their debt to him. Claiming the issue has already been adjudicated i...
Views: 1
ORDER This matter having come on for hearing upon the Motion of Kenneth W. Canton to Dismiss this Chapter 11 case; due notice of hearing having been given; and Stephen R. Windom having appeared as attorney for Movant; and Grey Redditt, Jr., having appeared as attorney for the debtor; and evidence and arguments having been heard; Now, therefore, the Court finds, concludes and orders a...
Views: 2
72 B.R. 739 (1987) In re PETROLEUM PRODUCTS, INC., A Nevada Corporation, f/k/a Burke Energy Corporation, Debtor. Bankruptcy No. 86-41309. United States Bankruptcy Court, D. Kansas. April 6, 1987. *740 Dale L. Somers, Eidson, Lewis, Porter & Haynes, Jan M. Hamilton, Hamilton, Peterson, Tipton & Keeshan, Topeka, Kan., John T. Flannagan, Olathe, Kan., for debtor. Josiah M. Daniel, III, Winst...
Views: 2
SUPPLEMENTAL MEMORANDUM OPINION I. The debtor, Michael Kourtakis, has proposed a Chapter 13 plan, and a creditor, Mark Boff, has objected to its confirmation, 1 on the grounds that the plan is not proposed in good faith as required by 11 U.S.C. § 1325(a)(3). Boff has filed a claim in the amount of $38,959.50 plus 13% interest from December 10, 1986, as a result of an assau...
Views: 0
MEMORANDUM OPINION REGARDING JURISDICTION OVER THIRD PARTY COMPLAINT This adversary proceeding is one of several filed on behalf of the debtor against its former customers for alleged underpayments of transportation charges. See In re Maislin Industries, U.S., Inc. (Maislin Industries, U.S., Inc. v. C J Van Houten E Zoon Inc., 50 B.R. 943 (Bankr.E.D.Mich.1985), and 66 B.R. 614 ...
Views: 2
DECISION AND ORDER ON OBJECTION TO AVOIDANCE OF JUDICIAL LIEN Debtors filed Motion to Avoid Judicial Lien with respect to their residence, real estate at 5369 Gallia Street, Seiotoville, Ohio, asserting that such lien, held by creditor, Roy F. Boyd, impairs debtors’ exemption. Boyd filed an objection to the motion, and the matter came on for hearing before the Court. The issue presented at th...
Views: 1
ORDER GRANTING MOTION FOR NEW TRIAL I. John D. Seivers, the debtor, has filed a motion for a new trial of this adversary proceeding following this Court’s decision denying his discharge pursuant to 11 U.S.C. § 727(a)(2) and (4). Specifically, the Court had concluded that Seivers had fraudulently concealed and transferred assets, and had knowingly filed false schedules. Seivers, who i...
Views: 0
DECISION Plaintiff in this adversary proceeding is a creditor of defendant/debtor. In his complaint, plaintiff seeks denial of discharge of defendant on grounds that defendant knowingly and fraudulently made a false oath or account, a ground appearing at 11 U.S.C. § 727(a)(4)(A) for denial of discharge. The complaint more specifically states that debtor failed to identify in his schedules non-e...
Views: 0
DECISION AND ORDER ON MOTION TO LIFT AUTOMATIC STAY Movant herein filed an employment discrimination case in the District Court for this district. After the bankruptcy case in which the present motion was made was filed, he removed his suit to this court. We remanded it to the District Court. It appears that all proceedings in the District Court in the case had been stayed by the District Court...
Views: 0
MEMORANDUM OPINION AND ORDER Patricia Lynn Baker has filed two adversary proceedings against her former husband, Vernon D. Baker, Jr. In the first action she asks for relief from the automatic stay to continue with an action in the Family Court of the State of Delaware to determine their respective rights in marital property. In the second action, she asks that any judgment awarded in the Famil...
Views: 1
OPINION AND ORDER On April 21, 1986, the Debtors in this consolidated adversary matter filed for relief under Title 11, United States Code, Chapter 11. On Schedule B-3 of their petition, the Debtors list an ownership interest in three parcels of real property having a reported aggregate value of $702,000. The subject properties are generally described as 5706 North Fourth Street, 315 East...
Views: 1
OPINION AND ORDER On May 29, 1986, Debtors in this action filed for relief under Title 11, United States Code, Chapter 7. In their petition, on Schedule B-4, the Debtors claimed as exempt property pursuant to A.R.S. § 33-1130(1)1 tools and equipment of the Debtors used in their business and profession. On Schedule A-2 of their petition, Debtors listed United Bank as a creditor with a security inte...
Views: 0
MEMORANDUM OF DECISION On November 13,1986, the debtors in the above captioned Chapter 11 filed a motion to convert their case to Chapter 12. The matter came on for hearing before the Court after the effective date of the new Chapter 12 provision. The parties were directed to submit briefs and the United States Trustee, Farmers Home Administration and the debtors have done so. The United ...
Views: 1
DECISION ON MOTION FOR SUMMARY JUDGMENT In its complaint in this adversary proceeding, plaintiff contests the discharge-ability of a debt pursuant to § 523(a)(2)(A) and § 523(a)(2)(B), making nondischargeable those debts incurred by false pretenses, false representations or actual fraud, and by use of a false financial statement. The complaint further prays for denial of discharge on the ...
Views: 1
MEMORANDUM OPINION AND ORDER Southern States has asked the court to dismiss for lack of subject matter jurisdiction a counterclaim originally filed by Dudley and Barbara Durham, now being pursued by the Chapter 7 trustee, or, in the alternative, find that the counterclaim is not a core proceeding and abstain from hearing it. The following chronological review of docket entries is required to pu...
Views: 4
DECISION ON EXCEPTION TO DIS-CHARGEABILITY OF DEBT PURSUANT TO CODE SECTIONS 523(a)(2)(A) & 523(a)(4) This is an adversary proceeding pursuant to Sections 523(a)(2)(A) and 523(a)(4) of the Bankruptcy Code (“Code”) commenced by Elizabeth Schwalbe and Dorothy Miller (“plaintiffs”) as administrators of the estate of Erika Marlowe (“Marlowe”) against Hiram S. Gans (“defendant” or “debtor” or ...
Views: 1
OPINION Presently before us in the instant bankruptcy case, and one of the above-captioned related adversarial proceedings are the following: (1) A Motion for Relief from the automatic stay (hereinafter referred to as “the Stay Motion”) filed on February 4, 1987, by Philadelphia Consumer Discount Company (hereinafter referred to as “the Creditor”) in the main case, in order that it can pr...
Views: 1
MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO DISMISS COMPLAINT UNDER PUB.L. 99-656 § 2 AND PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF I The Chapter 11 debtor/defendant, Jones & Lamson Machine Co., Inc., moved for dismissal of the amended complaint in the above-captioned adversary proceeding under Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure made applicable here under B...
Views: 1
MEMORANDUM AND ORDER The matter before the court is a confirmation hearing on the Modified Chapter 12 Plan of Eugene and Clara Edwardson (Debtors). The Debtors filed their Chapter 12 petition on January 2, 1987, and filed their Chapter 12 Plan on April 2,1987. On May 12, 1987, the Debtors filed a Modified Chapter 12 Plan. The modified plan principally incorporates values as determined by the co...
Views: 0
MEMORANDUM OPINION AND ORDER These debtors filed in 1983 a Chapter 11 Reorganization of their farming operation, never were able to obtain confirmation of a plan of reorganization, and were finally liquidated under a confirmed plan filed by the creditors. Now the final chapter is reached in hearings on debtors’ claims for exemptions and on one creditor’s claim for secured status in certai...
Views: 1
MEMORANDUM OPINION AND ORDER John P. Hysock is a debtor in a Chapter 7 bankruptcy case. His former wife, Elizabeth H. Sharp, seeks a determination that debtor’s agreement to assume payment of a second mortgage against the marital home under the terms of a separation agreement constitutes alimony, maintenance or support so as to be non-discharge-able under 11 U.S.C. § 523(a)(5). The provisions o...
Views: 0
OPINION DAVID A. SCHOLL, Bankruptcy Judge. A. INTRODUCTION AND PROCEDURAL HISTORY The instant adversarial proceeding raises several procedural and substantive issues for determination at this juncture. One procedural issue is a Motion requesting this Court to recuse itself, which recent local authority rather clearly indicates we should deny. The second procedural issue is a Motion fo...
Views: 0
MEMORANDUM DECISION I. This is an adversary proceeding to determine whether a partner who pays a partnership obligation created by co-partner’s wrongful acts is subrogated to the non-dis-chargeable claims of defrauded creditors of the partnership. This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1), and General Order No. 312-C of the Unit...
Views: 1
DECISION A jury trial in the Racine County Circuit Court between the debtor, National Structures, Inc., as plaintiff and National Steel Products Company (“National Steel”) as defendant culminated on August 23, 1984 in the following fashion. On the basis of the jury’s findings, the court ordered judgment for the plaintiff debtor and against National Steel in the sum of $99,856.49, judgment...
Views: 0
MEMORANDUM OF OPINION CONCERNING SETOFF The Debtors, Herbert A. Pinkert and wife, Wanda Zell Pinkert, filed a Complaint against the Farmers Home Administration (FmHA) seeking turnover of approximately $21,000.00 in payments due to the Debtors from the Agricultural Stabilization and Conservation Service (ASCS) representing deficiency payments 1 and crop disaster payments 2...
Views: 0
ORDER DENYING MOTION FOR RECONSIDERATION Heard on May 19, 1987, on the debtor’s motion for reconsideration of this Court’s order of March 13, 1987, granting Tremont Savings and Loan Association relief from the automatic stay. This motion is nothing more than another attempt by the debtor, to delay foreclosure of property located at 504 North Sloan Avenue, Compton, California. Tremont obtained reli...
Views: 3
MEMORANDUM OF OPINION CONCERNING LAWLER’S COMPLAINT AGAINST BRINKERHOFF Procedural Background On January 9, 1976, an involuntary petition in bankruptcy was filed against H. *992Roger Lawler (Lawler) in the District of Nevada. The case was transferred to the Northern District of Texas, Dallas Division, on June 6, 1976 and on January 20, 1978 Lawler consented to an adjudication of bankruptcy. For...
Views: 0
OPINION This matter is before the Court on the motion of ROSA LOUISE WILLIAMS, the former spouse of JERALD A. RICHARDSON, the debtor, to establish a constructive trust and on her objection to the debtor’s claim of exemptions. The thirty-two year marriage of JERALD A. RICHARDSON and ROSA LOUISE WILLIAMS, formerly ROSA LOUISE RICHARDSON, was dissolved on July 3, 1984. The property sett...
Views: 1
ORDER Presently before the court is plaintiff-debtor’s complaint filed January 7, 1985, which alleges a violation of the injunctive provisions of debtor’s discharge under 11 U.S.C. Section 524 and a willful violation of the automatic stay of Section 362. Defendant First National Bank of Gainesville (“Bank”) filed a counterclaim on grounds of libel and slander. On August 27,1986, a hearing ...
Views: 0
*93 DECISION DENYING DEBTOR’S MOTION FOR RELIEF FROM JUDGMENT Heard on the trustee’s objection to the debtor’s “Motion to Void Decision” pursuant to Fed.R.Civ.P. 60(b)(1) and (3). 1 After considering the debtor’s most recent pleading, we conclude that the motion raises no new issues, it is completely without merit and frivolous, and is denied. A brief review of the pertinent facts and tra...
Views: 0
OPINION The Debtors are farmers who filed a voluntary petition under Chapter 11. Prior to their filing, the Debtors had planted their 1986 crops, which crops were growing and standing unharvested in the field at the time of their filing. In producing the crops, the Debtors, post petition, provided certain labor or expended certain funds as follows: Hoeing $183.75 Cultivating 1,575.00 Appl...
Views: 0
DECISION On May 21, 1986, the debtor, Neil William Hawes, entered into a written employment contract with Artists Corporation of America (“Artists”). Hawes had been employed as a booking agent by Artists for the preceding five years, and Artists had been engaged in the business of booking entertainment for many years. The contract contained a “Covenant Not to Compete,” whereby Hawes agreed that...
Views: 0
MEMORANDUM OF OPINION This Adversary Proceeding was commenced by Larry Lee Buske and Ann Dee-lane Buske, Debtors in proceedings under Chapter 7 of the Bankruptcy Code (Debtors), against Myrtle McDonald, the Trustee-in-Bankruptcy (Trustee) to recover payments which were to have been made to the Debtors postpetition on a prepetition contract with the Commodity Credit Corporation (CCC) throu...
Views: 0
MEMORANDUM TO ORDER OF MAY 22, 1987 RE: MOTION OF LANESBORO STATE BANK On May 22, 1987, this Court entered an order on the motion of Lanesboro State Bank, a secured creditor (hereinafter “the Bank”) for relief under 11 U.S.C. § 1201, and on Debtor’s responsive motion. This memorandum is entered to set forth Findings of Fact and Conclusions of Law upon which the Court premised that order. ...
Views: 6
MEMORANDUM DECISION The case at bar is in this Court on remand from the Ninth Circuit Court of Appeals. That court previously determined that attorney’s fees awarded as a secured claim under Bankruptcy Code section 506(b), 11 U.S.C. section 506(b), may not exceed an amount determined by the bankruptcy court to be reasonable. In re 268 Limited, 789 F.2d 674 (9th Cir.1986). The issue on remand ...
Views: 0
MEMORANDUM DECISION On April 1, 1985, the Debtor, Austin D. Potenza, filed a petition under Chapter 7 of the Bankruptcy Code. Debtor filed his Chapter 7 statements and schedules shortly thereafter. On November 19, 1986 Debtor filed an application to convert the case to Chapter 13. Debtor’s Chapter 13 statement was filed on November 25, 1986. Two creditors and the Chapter 7 trustee have ob...
Views: 1
MEMORANDUM OPINION Debtors filed their petition for relief under Chapter 12 on March 26, 1987. As debtors in possession they promptly followed that up by filing a Complaint in this adversary proceeding against the Federal Land Bank under § 548 to set aside a prior foreclosure that had occurred on May 7, 1986. The Federal Land Bank filed a Motion to Dismiss the Complaint. The parties (who ...
Views: 1
DECISION AND ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY A townhouse village association which holds a prepetition judgment of foreclosure and sale against unimproved land which is property of the chapter 7 estate asks us to lift the automatic stay of section 362 of the Bankruptcy Code to allow enforcement of the judgment. The trustee opposes this relief and asks us, instead, to contin...
Views: 0
OPINION ON DEBTOR’S MOTION TO AVOID LIEN IMPAIRING EXEMPTION Issue The issue is whether a debtor may avoid a judicial lien on property claimed by the debtor as exempt when the underlying debt secured by the lien is nondischargeable under § 523(a)(2) on account of the debtor’s fraud. Background This matter is one of two proceedings in this case that were initiated as a result of a fami...
Views: 0
*66 ORDER ON MOTION TO DISMISS This case presents the interesting question of whether a debt that arises out of a settlement of a will dispute is also a debt that arises out of a farming operation for purposes of 11 U.S.C. section 101(17)(A). On April 2, 1987, this court conducted a hearing on motions to dismiss brought by the trustee, Jacqueline Souder, the Federal Land Bank of ...
Views: 0
ORDER At Butte in said District this 7th day of July, 1987. After filing a Chapter 12 petition, Debtors brought an adversary action against the Defendants John and Delma Ruegseg-ger seeking to recover possession of the Debtors’ ranch from the Defendants under 11 U.S.C. 548. Defendants filed a Motion For Summary Judgment together with supporting affidavits, and hearing on the motion w...
Views: 2
ORDER Hearing was held on June 5,1987, on the Debtor’s Chapter 12 Plan together with objections filed by Metropolitan Life Insurance Company (Metropolitan). At the hearing, Interstate Production Credit Association (PCA) withdrew its objections to the Plan upon condition that if the Plan as amended is not confirmed, PCA may renew its objections to any modified Plan. Under agreement with, t...
Views: 1
MEMORANDUM OF DECISION AND ORDER On February 25, 1987 a motion to reopen the above-entitled case filed by the debtors on December 12, 1986 came on for hearing before this court in Des Moines, Iowa. Me-lio A. Tonini and Dennis J. Kirkwood appeared on behalf of the debtors. The debtors seek to reopen their case for the purpose of filing an adversary proceeding to enjoin the collection of a debt. ...
Views: 1
MEMORANDUM DECISION AND ORDER The instant proceedings were initiated by these debtors in possession by the filing for relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 1101 et seq. These cases have been consolidated for administrative purposes. The debtors in possession have submitted plans of reorganization. 1 After notice and a hearing on th...
Views: 0
*241 OPINION The instant matter is a Motion to Dismiss filed by the Defendant, Arnold R. Lieberman, Esquire (hereinafter referred to as “the Defendant”) based upon an adversarial Complaint filed by the Plaintiff-Debtor, Clara Littles. Ms. Littles is a Debtor under Chapter 13 of the Bankruptcy Code. 1 The Debtor’s Complaint alleges that the Defendant has violated the Fa...
Views: 0
MEMORANDUM OF DECISION AND ORDER On January 21, 1987 a motion for reconsideration of order for payment of dividends filed on behalf of Norwest Bank Des Moines, National Association (Norwest) on September 12, 1986 came on for telephonic hearing before this court in Des Moines, Iowa. Jon Sullivan appeared on behalf of Norwest. David Erickson, the Chapter 7 trustee, appeared on behalf of himself. ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiff’s Complaint to Determine Dis-chargeability of Certain Debts, Plaintiff’s Objections to Defendant’s Discharge and Exemptions. The Trustee filed a Counterclaim. A Pre-Trial was held on these matters, at which time the Court granted leave to file Motions for Summary Judgment. All parties, the Trustee, Plaintiff, and ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on the Election made by Charles and Anita Hahn pursuant to 11 U.S.C. § 1111(b). The Election was originally made orally at the Hearing on Approval of Disclosure Statement. Written notice of the Election was filed the same day. A Hearing was held on this matter, at which time both parties called their witnesses an...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Federal Land Bank of Louisville’s Motion to Dismiss pursuant to 11 U.S.C. § 1208. A Hearing was held on this matter, at which time Federal Land Bank, the Debtor, and the Chapter 12 Trustee presented the evidence and arguments they wished the Court to consider. The parties were given the opportunity to file additional written argu...
Views: 0
ORDER AND NOW, this 2 day of July, 1987, upon consideration of Elaine M. Paolino’s motion for summary judgment, the response thereto and the parties’ memoranda of law, it is ORDERED that the motion is DENIED. Opinion to follow. OPINION This motion for summary judgment arises in an action to determine the dis-chargeability of a debt. The plaintiffs are John F. Fluehr, Jr., Richar...
Views: 0
MEMORANDUM OPINION AND ORDER This cause was heard upon the motion of the trustee for EEI Energy, Inc., to deny priority status to pre-petition interest on pre-petition federal and state taxes. For the reasons set forth below, this motion is denied. EEI filed for bankruptcy under Chapter 11 on February 18, 1983. This case was subsequently converted to Chapter 7 on April 24, 1983. Both...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Central National Bank, Canajoharie (“CNB”) seeks relief from the automatic stay of § 362 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”) so as to proceed against certain assets of Paul P. Ma-tis, Jr. and Charlotte A. Matis, husband and wife, (“Debtors”). CNB is Debtors’ largest creditor, holding secured and u...
Views: 1
*144AMENDED ORDER ON MOTION TO TAX COSTS THIS IS a Chapter 11 case, and the matter under consideration is a Motion to Tax Costs filed by Edward Genevish (Genevish). The Motion is filed in a contested matter which involved a challenge of the claim filed in this Chapter 11 case by Genevish, in which this Court ruled that Genevish has an allowable claim against George Hunt, Inc. (Debtor), the Debtor...
Views: 0
MEMORANDUM ON TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON OBJECTION TO AMENDED PROOF OF CLAIM OF THE INTERNAL REVENUE SERVICE On March 20, 1986, John H. Bailey, III, trustee of the debtor’s estate, filed an “Objection To Internal Revenue Service Proofs Of Claim.” The trustee’s objection is twofold. First, he contends that a proof of claim filed by the Internal Revenue Service (IRS) o...
Views: 1
MEMORANDUM-DECISION AND ORDER The Court has before it the application of Charles Stube, Inc. (“Stube, Inc.”) seeking payment of an administrative expense in the nature of a broker’s fee pursuant to § 503(b)(1)(A) of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code). The applicant seeks compensation for its services, as well as those individually performed by its principal, Charles Stub...
Views: 2
MEMORANDUM OPINION This matter came before the Court for trial on May 21, 1987. The Plaintiff, Household Finance Corporation (HFC), filed a complaint against the Debtor to determine dischargeability of a debt pursuant to 11 U.S.C. Section 523(a)(2)(B), for allegedly executing a false financial statement in connection with refinancing a preexisting loan with the Plaintiff and obtaining an additi...
Views: 1
ORDER DENYING CONFIRMATION In this Chapter 11 proceeding, hearing was held on the Debtor’s Third Amended Plan of Reorganization (as modified on *863 April 8, 1987), together with objections thereto by Eastside Bank of Montana (Eastside). Ballots filed in this cause by creditors are as follows: Class Creditor Amount Vote Montana Teamsters Employers Trust $ 2,731.74 A...
Views: 1
MEMORANDUM DECISION AND ORDER DISALLOWING CLAIM NO. 988 OF TERENCE NEILAN AS CLASS REPRESENTATIVE AND DENYING MOTION FOR CLASS CERTIFICATION This matter came before the Court for hearing on April 9, 1987 at 10:30 a.m. on the Debtor’s Objection to Claim No. 988 of Terence Neilan as Class Representative and on the motion of Terence Neilan for an order certifying the class claim and for other rela...
Views: 0
ORDER ON CLAIM NOS. 22, 34 AND 55 (IRS) The Internal Revenue Service of the United States of America (the “IRS” or the “Government”) filed its claims in this Chapter 11 proceeding, on January 21, 1986 (Claim No. 22), on March 10, 1986 (Claim No. 34), and on April 19, 1986 an amendment to the foregoing claim (Claim No. 55), to wit, Claim Nos. 22, 34 and 55 (hereinafter referred to as the “...
Views: 0
ORDER INTRODUCTION This matter is before the Court on plaintiffs complaint for declaratory judgment. On July 12, 1984 plaintiff/debtor, Triple B Oil Producers, Inc. (“Triple B”), entered into a certain Equipment Lease Agreement (“Agreement”) with defendants R.W. Pu-der (“Puder”) and E.J. Ledder (“Ledder”). Triple B subsequently filed a petition for relief under Chapter 11 on February...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration is a Complaint filed by Dianne Campbell (Plaintiff), the ex-wife of Fred Eugene Campbell (Debtor), the Defendant in the above-captioned adversary proceeding. At issue is the dischargeability, vel non, of judgments obtained against the Debtor by the Plaintiff in Georgia and Florida courts....
Views: 2
FINDINGS OF FACT, CONCLUSION OF LAW AND MEMORANDUM OPINION AT TIMES controversies arise which at first blush appear not to present any particular problems and seem to be susceptible to an easy resolution, yet on closer analysis turn out to be extremely bothersome because the resolution of the controversy if based only on the cold letter of the controlling law produces a patently unfair and unjust...
Views: 0
ORDER This matter is before the Court on defendant’s motion for summary judgment. The debtor filed this action to compel the Internal Revenue Service (IRS) to turn over to him his 1985 federal income tax refund in the amount of $406.00. The debtor had previously filed a Chapter 7 bankruptcy petition on March 24, 1986. At that time, he was indebted to the United States (U.S.) for unpaid income...
Views: 0
ORDER OF DISMISSAL THIS CAUSE came before the Court on April 28, 1987, on the Motion to Dismiss or to Compel Debtor to Retain Counsel, which had been filed by Irving Sussman, Maurice Sussman, and Selig Sussman, as Trustees of The Florida Realty Mortgage Trust (hereinafter “Florida Realty”). The mov-ants filed a supplement to their motion on April 1, 1987. The debtor-in-possession, 1433 Corp.,...
Views: 0
MEMORANDUM DECISION AND ORDER This matter is presently before the Court on the Motion for Summary Judgment of the United States on Debtor’s Objection to Administrative Claims. For the foregoing reasons, the Court grants the motion for summary judgment and overrules the debt- or’s objection to the allowance of interest on the principal amount of the administrative taxes it owes. On Ja...
Views: 1
MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW THE MATTER under consideration in this Chapter 11 adversary proceeding is a Complaint to Avoid a Fraudulent Conveyance pursuant to 11 U.S.C. § 548. Uiter-wyk Corporation, the Debtor in the above-captioned case (Debtor), seeks to recover the sum of $35,279.61 that was transferred by the Debtor to Maher Terminals, Inc. (Maher), the De...
Views: 0
ORDER CONFIRMING CHAPTER 12 PLAN, ADJUSTMENT OF DEBTS OF FAMILY FARMER, ETC. THIS CAUSE having come on to be heard on March 17, 1987, at the regularly scheduled confirmation hearing of the above-styled Debtor’s Chapter 12 Plan, the Court having found that the Plan meets the requirements of 11 U.S.C., § 1225, together with other requirements embodied in 11 U.S.C., § 101(18), the Court having taken ...
Views: 0
MEMORANDUM DECISION ON MOTION FOR REHEARING On March 12, 1987, Gary Lee Pfleiderer and Beverly C. Pfleiderer filed for protec *364 tion under chapter 7 of the U.S. Bankruptcy Code. The case was converted to chapter 13 on March 30, 1987. By failing to make any monthly payments since September 30, 1986, the debtors defaulted on a second mortgage in the amount of $20,000 held by...
Views: 0
ORDER DENYING MOTION AND AMENDED MOTION OF THE UNITED STATES OF AMERICA FOR RECONSIDERATION OF CLAIM This matter came before the court in a closed case. An agreement was made between the United States of America and the taxpayers. The taxpayers asked that the case be reopened to consider holding the United States of America in contempt for failure to carry out its obligations under an agreed court...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW. THIS MATTER was tried before the undersigned Bankruptcy Judge on April 8, 1987. The court having considered the pleadings, evidence and the demeanor of the witnesses testifying in this matter and further having heard argument of counsel for the respective parties makes the following Findings of Fact and Conclusions of Law. This adversary proceeding was bro...
Views: 0
OPINION The matter before the Court is an adversarial proceeding in which the Trustee for the Debtor, Miller’s Auto Supplies, Inc., seeks to avoid certain payments made to the Commonwealth of Pennsylvania, Department of Revenue (hereinafter referred to as “the Commonwealth”) by the Debtor as preferential transfers pursuant to 11 U.S.C. § 547. The precise issue we must decide is whether mo...
Views: 0
ORDER ON MOTION FOR REHEARING OF ORDER ON MOTION FOR EX PARTE ORDER ALLOWING ADMINISTRATIVE EXPENSE THE MATTER under consideration is a Motion for Rehearing of Order on Motion *136 for Ex Parte Order Allowing Administrative Expense filed by Lawrence S. Klein-feld (Kleinfeld), the former Chapter 7 Trustee. The Court has considered the Motion, together with the record, and upon reconsideration ...
Views: 1
OPINION Presently before the Court is the Debt- or’s Motion For Approval of the Assumption of its unexpired lease with the landlord of the premises which houses the Debtor’s restaurant business pursuant to 11 U.S.C. § 365(b)(1). What we find to be unusual about the Debtor’s Motion is that it not only fails to define the parameters of the default, i.e., the amount of rental arrearag- ...
Views: 1
ORDER ON MOTION FOR ORDER DIRECTING TURNOVER OF PROPERTY OF THE ESTATE THE MATTER under consideration is a Motion for Order directing Turnover of Property of the Estate, filed by Kenneth Douglas Brogdon a/k/a Buddy Brogdon (Plaintiff), the Plaintiff in the above-captioned adversary proceeding, who is the Debtor involved in this Chapter 13 case. The Court has considered the Motion, together with...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW The plaintiff John McKinley filed his complaint for a determination of discharge-ability of a debt owed to him by the defendant Roger Francis, under 11 U.S.Code § 523(a)(2)(A). The case was tried before the court on the amended pleadings. Based upon the evidence presented, the court makes the following findings of fact: FINDINGS OF FACT Plaintiff as seller a...
Views: 0
FINDINGS OF FACTS AND CONCLUSIONS OF LAW THIS CAUSE having come on to be heard before me for Trial of the Adversary Complaint on February 18, and March 3, 1987, and the Court having considered the testimony and evidence presented and the Defendants having moved for involuntary dismissal at the close of the Plaintiff’s case and being otherwise advised in the premises, the Court finds the f...
Views: 0
*1006FINDINGS AND CONCLUSIONS ON REMAND THIS CAUSE having come on to be heard on February 12 and March 14, 1987, upon remand for further proceedings from the United States District Court for the Southern District of Florida, and the Court, having heard the testimony and examined the evidence presented, having observed the candor and demeanor of the witnesses, having considered the arguments of co...
Views: 0
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR REHEARING AND RECONSIDERATION OF MEMORANDUM DECISION AND ORDER EXTENDING CLAIMS DEADLINE This matter came before the Court for hearing on June 11, 1987 at 9:30 a.m. on the Creditors Committee’s Motion for Rehearing and Reconsideration of Memorandum Decision and Order Extending Claims Deadline. The Creditors Committee’s motion was joined in...
Views: 0
MEMORANDUM OF DECISION The plaintiff, 1 a chapter 7 debtor, instituted this adversary proceeding pursuant to Bankruptcy Code §§ 727(b) and 523(a)(5)(A), seeking a determination that a debt allegedly arising from the assignment of support rights to the defendant State of Connecticut (“State”) as a condition for receiving Aid to Families with Dependent Children (“AFDC”) under Tit...
Views: 0
MEMORANDUM The matter before the Court is the motion, filed on May 5, 1987, by Saunders and Associates (“Saunders”), agents for 29-33 Newbury Street Trust, for relief from the automatic stay imposed by section 362 of the Bankruptcy Code. Saunders seeks, in addition to relief from the automatic stay, an order granting it possession of premises it leases to 29 Newbury Street, Inc. (the "Deb...
Views: 0
MEMORANDUM OPINION This adversary proceeding is an attempt by the plaintiff-debtor to nullify certain notes and mortgages involved in a transaction by which he acquired in August of 1984, a restaurant operation known as “Pri-mo’s Restaurant” formerly owned by the defendants. The plaintiff operated the restaurant from September 1, 1984 to August 15, 1985. He ultimately filed his chapter 13 petitio...
Views: 0
ORDER ON OBJECTION TO TRUSTEE’S FINAL ACCOUNTING This case came before the court for hearing on February 10, 1987 on a separate motion by the debtors to withdraw their chapter 13 petition in bankruptcy. The debtors for their own reasons do not wish to have a bankruptcy discharge and seek dismissal of the case even though they apparently have repaid in full all of their creditors. No party objected...
Views: 0
MEMORANDUM OPINION The merits of this adversary proceeding were tried before the court on June 23, 1986 on the debtor-plaintiffs’ Complaint For Order Of Contempt Judgment and the defendant’s answer thereto. The debtors’ adversary complaint prayed that Ford Motor Credit Corp. be held in contempt for violating the automatic stay imposed by 11 U.S.C. § 362, and that the court order the defen...
Views: 1
ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION This Chapter 7 case came on before the undersigned United States Bankruptcy *878 Judge on May 14, 1987, upon the Trustee’s objection to Debtor’s claim of exemption in certain federal farm program entitlements. Chapter 7 Trustee Michael J. Farrell appeared pro se. Debtor appeared personally and by h...
Views: 0
OPINION A. INTRODUCTION The above-captioned four cases are decided together because they raise related questions about demands of Mortgagees for counsel fees (and certain items of costs) against their respective Mortgagor-Debtors in cases where the Debtors seek to cure mortgage arrearages in Chapter 13 Plans for the following categories of services performed by the Mortgagees’ counse...
Views: 4
DECISION Before the Court for resolution is a long raging dispute between and among two judgment creditors and John Galt Energy Corporation (“Galt” or “Debtor”) relating to entitlement to a certain fund of money arising out of pre-petition litigation in the State of Kentucky. Galt filed its Chapter 11 petition in October 1983. In early 1985, this Court (per Honorable Cecilia H. Goetz, Uni...
Views: 2
76 B.R. 612 (1987) In re The HOPKINS CORPORATION dba Fisher Hardware, Debtor. Bankruptcy No. 3-84-02563. United States Bankruptcy Court, S.D. Ohio, W.D. April 14, 1987. *613 Daniel Buckley, Wilmington, Ohio, for David and Marjorie Adair. John T. Ducker, Dayton, Ohio, Trustee. Roy D. Boucher, Kettering, Ohio, for debtor. DECISION AND ORDER ON APPLICATION FOR ADMINISTRATIVE EXPENSE AND CLAIM AGAINS...
Views: 1
MEMORANDUM OPINION INTRODUCTION On November 7, 1986, CLC of America, Inc. (“CLC”) filed a Complaint seeking to *143 subordinate the claim of Lake Shore Equipment Distributors, Inc. (“Lake Shore”) under Section 510(b) of the Bankruptcy Code. On January 12, 1987, Lake Shore filed an Answer showing there to be no genuine issue as to any material fact. The matter being ripe ...
Views: 0
DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter is before the court upon plaintiff’s motion for summary judgment pursuant to Fed.R.Civ.P. 56 which requires judgment to be rendered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and ...
Views: 0
DECISION AND ORDER ON CONFIRMATION This matter is before the court on the objection to confirmation filed by Curtis Pierson, creditor. The parties submitted the case to the court on December 16,1986 upon the memorandum of counsel for Curtis Pierson (creditor), the arguments of debtors’ counsel and Chapter 13 Standing Trustee relying on Memphis Bank & Trust Co. v. Whitman, 692 F...
Views: 0
DECISION AND ORDER Dated at Dayton, Ohio in said District on the 30th day of April, 1987. This case arises under 28 U.S.C. § 1334(a) and having been referred to this court is determined to be a core proceeding under 28 U.S.C. § 157(a)(2)(I). The matter is before the Court upon the plaintiffs complaint to determine the dis-chargeability of the debt owing to plaintiff resulting fr...
Views: 0
DECISION AND ORDER DENYING CONFIRMATION OF DEBTORS’ MODIFIED CHAPTER 13 PLAN AND DENYING CREDITOR’S MOTION TO DISMISS OR CONVERT This matter is before the court upon an objection of Clark Equipment Credit Corporation to the confirmation of a modified Chapter 13 Plan proposed by the debtors, Robert E. Haas and Kathleen M. Haas, and upon the creditor’s motion to dismiss or convert the debtors’ ca...
Views: 0
DECISION AND ORDER ON ATTORNEY FEES This matter came before the court for hearing on November 7, 1986 upon a mo *611 tion of the trustee and the application of debtors’ attorney for fees. The trustee moved that the court determine the fees payable to debtors’ attorney, order funds held in trust for attorney fees to be paid to the trustee, and overrule the attorney’s request directing the tr...
Views: 0
DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Dated at Dayton, Ohio in said District on the 29th day of January, 1987. PROCEDURAL POSTURE This matter is before the court upon the motion of the plaintiff, trustee for the bankruptcy estate of debtors Marion and Judith Arnold, requesting summary judgment against the defendant, Second National Bank of Greenville. On June ...
Views: 0
SUBMISSION OF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO DISTRICT COURT REGARDING MOTION OF MERCHANTS AND MECHANICS FEDERAL SAYINGS AND LOAN ASSOCIATION FOR MANDATORY ABSTENTION PROCEDURAL POSTURE Before the court is a motion of Merchants and Mechanics Federal Savings and Loan Association (M & M) requesting the court to abstain from determining the extent of M & M’s interest...
Views: 1
ORDER ON OBJECTION TO CLAIM OF BANK ONE, COLUMBUS, N.A. This matter is before the Court upon an Objection to Claim filed by Chapter 13 debtors Douglas W. and Angela M. Rud-duck. The claim specifically objected to is Claim #3, as amended on November 3, 1986, filed by Bank One, Columbus, N.A. (“Bank One”), in the amount of $10,329.90. That objection was opposed by Bank One and was heard by the Court...
Views: 0
MEMORANDUM OPINION Presently before the Court is BDW Associates, Inc.’s (hereinafter “BDW”) Motion To Dismiss The Involuntary Petition brought by Busy Beaver Building Center, Inc., Fagens, Inc., and Jackel Development Co., Inc., (hereinafter “Petitioning Creditors”). BDW asserts that these claims are improperly asserted against it, they being debts of Point View Construction Co...
Views: 0
OPINION OF THE COURT AND ORDER ON TRUSTEE'S MOTION TO HAVE CASE DISMISSED At Gadsden, Alabama, on April 15, 1987, the above-styled case, commenced under title 11, chapter 12, United States Code, and pending before this Court under said chapter, came on to be heard on a motion by the standing chapter 12 trustee for dismissal of the case. Firstly, the motion asserts that the individual, Olen Moore, ...
Views: 0
MEMORANDUM OPINION On November 1, 1984, John and Mary Ellen Sanders filed a joint voluntary petition for relief under the provisions of chapter 11. Because of the potential conflict of interest, separate counsel was employed by each of the debtors-in-possession. On May 6, 1985, Mrs. Sanders filed this complaint to set aside First National Bank of Camden, Arkansas' (FNB), mortgage on the South lk ...
Views: 1
MEMORANDUM OPINION In the above two proceedings, it has come to the attention of the Court that the signature of each debtor on the statement of affairs, schedules, and schedule of current income and expenditures were signed in a handwriting different from that signature on the original petition in each proceeding. As a consequence of this, the Court, on its own motion, cited Mr. James H. Eva...
Views: 0
ORDER DENYING PLAINTIFFS’ “MOTION FOR RECONSIDERATION OF ORDER OF SEPTEMBER 15, 1986” The matter at bar has a long and tortured history, which must be recounted at the outset. The following will serve as a brief description of the prior relevant history of this matter: (1) In a former adversary action filed on June 17, 1985, the debtors sought recovery from the defendant Tip Top Credit Union on t...
Views: 0
MEMORANDUM OPINION On November 1, 1984, John and Mary Sanders filed a joint voluntary petition for relief under the provisions of chapter 11. Because of a potential conflict of interest separate counsel was employed by each of the debtors-in-possession. On May 6, 1985, Mrs. Sanders filed this complaint to set aside The Merchants & Planters Bank, Camden, Arkansas’ (M & P), claim of lien on her rea...
Views: 0
MEMORANDUM OPINION On November 1, 1984, John and Mary Ellen Sanders filed a joint voluntary petition for relief under the provisions of chapter 11. Because of the potential conflict of interest, separate counsel was employed by each of the debtors-in-possession. On May 6, 1985, Mrs. Sanders filed this complaint to set aside Stephens Security Bank’s (Stephens) claim of lien on a certificat...
Views: 0
MEMORANDUM OPINION Presently before the Court is a Motion For Relief From The Automatic Stay by Fred S. James & Company, Inc. of Pennsylvania (hereinafter “James”), wherein it requests relief in order to allow a setoff between James and Vibroflotation Foundation Company (hereinafter “Debtor”). Debtor’s trustee has objected to the entry of this relief, and challenges the propriety of setoff in thi...
Views: 0
MEMORANDUM OPINION Presently before the Court is Debtors’/Plaintiff’s Complaint to Enjoin the Defendant from pursuit of a private criminal action in state court. Based upon the following analysis, the relief requested is denied. FACTS Debtors were lessees of residential real property owned by Defendant. Debtors had issued three (3) checks to Defendant, all of which were dishonored for insuf...
Views: 0
ORDER DIRECTING DEBTOR TO SHOW CAUSE IN WRITING WITHIN 15 DAYS OF THE DATE OF FILING OF THIS ORDER WHY A DECREE OF NONDISCHARGEABILITY SHOULD NOT BE ISSUED ON THE BASIS OF THE STATE COURT JUDGMENT A complaint to determine dischargeability of an indebtedness of the defendant to plaintiff was filed by the plaintiff on May 4, 1987. The plaintiff alleges that he has obtained a jury verdict on June 21...
Views: 0
OPINION AND ORDER ON APPLICATION FOR REDEMPTION This matter is before the Court upon an application filed by Nadir and Bouquet King seeking to redeem a 1979 Chrysler New Yorker pursuant to 11 U.S.C. § 722. The application was opposed by General Motors Acceptance Corporation (“GMAC”) and was heard by the Court. The Court makes the following findings of fact. Nadir King (“the debtor”) ...
Views: 2
OPINION AND ORDER ON COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF CREDIT CARD OBLIGATION This matter is before the Court for decision following the trial of an action commenced by Columbus Municipal Employees Federal Credit Union (“the Credit Union”), seeking to except an obligation in the amount of $3,139.03 from the discharge issued in defendant Rae Barthol’s Chapter 7 bankruptcy case. T...
Views: 0
ORDER DENYING CONFIRMATION This matter is before the Court upon the requested confirmation of the Chapter 13 plan proposed by debtors Douglas and Virginia Jewell, and upon this Court’s independent obligation to find that all requirements for confirmation have been met, as set forth in § 1325(a) of Title 11 United States Code. The debtors’ plan, as proposed, calls for payments of $65....
Views: 0
MEMORANDUM OPINION Before the Court is McDowell National Bank’s (hereinafter “McDowell”) Motion for Abstention in this adversary proceeding. McDowell asserts that this Court is mandated to abstain from hearing this action pursuant to 28 U.S.C. § 1334(c)(2); alternatively, it claims that this Court should abstain from so proceeding on the basis of comity with state law and judic...
Views: 1
DECISION AND ORDER Debtor (hereinafter “debtor” or “Block 1524” where appropriate) and State Management Company (“State Management”) seek an order compelling the City of New York (“City”) to allow redemption and turnover of certain real property pursuant to 11 U.S.C. § 542(a) and accept payment of tax arrearages owed by the debtor to the City on the property. The City, claiming that it acquired ti...
Views: 0
MEMORANDUM OPINION On November 1, 1984, John and Mary Ellen Sanders filed a joint voluntary petition for relief under the provisions of chapter 11. Because of the potential conflict of interest, separate counsel was employed by each of the debtors-in-possession. On May 6, 1985, Mrs. Sanders filed this complaint against The Merchants & Planters Bank, Camden, Arkansas, (M & P) to...
Views: 0
ORDER DENYING MOTION FOR RELIEF FROM STAY, MOTION FOR RECONSIDERATION, AND MOTION FOR STAY PENDING APPEAL Heard on the objections of Greater Providence Deposit Corporation and the debtor to various motions filed by Inn Group Associates. After a review of the various motions, objections and attached memoranda, as well as the case file, we felt that no further hearing was necessary, and have decided...
Views: 0
MEMORANDUM OPINION FACTS Imelda Morgan (“Morgan”), Plaintiff and Debtor herein, executed a contract with South Texas Home Services, Inc. (“South Texas”), on June 18, 1982. The contract, designated “Retail Installment Contract” was for the purchase and installation of aluminum insulation, screening, siding, and shingles on her already-constructed home. South Texas, in order to secure its claim...
Views: 0
MEMORANDUM The matter being considered here is the objection of the Reorganized Debtor to the Amended Proof of Claim filed on behalf of the Internal Revenue Service (IRS). In a previous order entered on July 11, 1986, this Court had allowed the IRS Claim in part as an administrative expense priority for FICA taxes for the Second, Third and Fourth Quarters of 1985 and for the First Quarter of 19...
Views: 0
FINDINGS AND CONCLUSIONS This proceeding presents the situation of a debtor who delayed commencing a bankruptcy case until less than two hours be*616fore a scheduled foreclosure sale. In the usual situation, the automatic stay of 11 U.S.C. § 362 would operate to stop the foreclosure, and the debtor would be granted additional time to attempt to locate new financing, reorganize, reaffirm or pay the...
Views: 0
FINDINGS AND CONCLUSIONS The hearing on the Defendant’s Counterclaim was called on June 22, 1987. The parties appeared in person and by their respective counsel and presented testimony, evidence and oral argument upon the record. Upon conclusion of the hearing, and after consideration of the record as a whole, the Court announced certain findings and conclusions and orders from the bench as summar...
Views: 0
MEMORANDUM OF OPINION CONCERNING MINERALS CLAIMED AS HOMESTEAD This case presents the question whether a Debtor may claim an interest in minerals underlying land as part of his exempt homestead where the Debtor does not own a surface interest. Facts On May 7, 1980 Wayne Poer (Debtor) received an undivided one-half interest in the oil, gas and other minerals located in: ...
Views: 0
MEMORANDUM OPINION This matter is before the Court upon the Plaintiff’s Amended Complaint to deny the Debtors’ discharge pursuant to 11 U.S.C. § 727(a)(1), (2), (3), (4) and (5). After a full hearing upon the issues, the parties filed Memoranda of Law and submitted the matter to the Court. This Memorandum Opinion is being entered after consideration of the record as a whole. The evidence has ...
Views: 0
MEMORANDUM/ORDER The matters being considered here are the Debtor’s request to confirm his First Amended Chapter 13 Plan, and the Debt- or’s First Amended Application for a preliminary injunction/temporary restraining order which is being prosecuted in Adversary Proceeding No. 87-0095. The Debtor orally amended the First Amended Chapter 13 Plan at the confirmation hearing on July 2, 1987. In ...
Views: 0
*39 CERTIFICATE OF CONTEMPT On March 23, 1987, this Court issued an order directing the New York State Department of Taxation and Finance (“State Tax Commission”) to show cause why an order should not be entered determining it to be in violation of this Court’s Order of Discharge, dated April 4, 1986. This Order was predicated on a complaint made by the debtor, Rebecca Rothman, by letter asse...
Views: 0
DECISION AND ORDER ON PLAINTIFFS’ MOTIONS TO AMEND COMPLAINT, GRANT DEFAULT JUDGMENT AND LIFT THE AUTOMATIC STAY AND DEFENDANT’S MOTION TO DISMISS COMPLAINT We are asked by plaintiffs for a default judgment denying the individual defendant a discharge and by that defendant for an order dismissing the complaint. As best as we can surmise from the moving and opposition papers and the oral a...
Views: 1
FINDINGS AND CONCLUSIONS The trial on this complaint to quiet title was called on June 29,1987. The Plaintiffs appeared in person and by counsel and presented testimony and evidence on the record. The Debtor, Deborah M. Allen did not appear personally or by counsel. The Defendant, H.M. Ramel, appeared by counsel and presented testimony and evidence after having filed an answer and certain affirmat...
Views: 0
ORDER SUSTAINING OBJECTION TO CONFIRMATION This matter is before the Court upon an objection to confirmation of the Chapter 13 plan proposed by debtor Erline Allen. The objection, filed on behalf of General Credit Company of Ohio (“GCC”), was heard by the Court. The debtor has proposed a Chapter 13 plan which includes payments of $189 each *345 month to the Chapter 13 tr...
Views: 1
ORDER In this Chapter 11 proceeding, a secured creditor Neptune Partnership has filed a motion for relief from the automatic stay pursuant to Section 362 of the Bankruptcy Code. Debtors resist said motion on the grounds that they propose to pay Neptune under the Chapter 11 Plan over 30 years and the property is therefore necessary for effective reorganization of the Debtors. Also pending ...
Views: 2
FINDINGS AND CONCLUSIONS This matter is before the Court upon the motion of Mercantile Bank of St. Peters for relief from the automatic stay. The case was submitted to the Court upon the pleadings and a memorandum of law by the Movant. Upon consideration of the record as a whole, the Court enters the following Findings and Conclusions. FINDINGS OF FACT 1. This is a core proceeding pursuant ...
Views: 0
FINDINGS AND CONCLUSIONS AND ORDER At Saint Louis, in this District, this 11th day of May, 1987. This matter is before the Court upon the motion of William Harris for relief from the automatic stay. The parties presented testimony and evidence at the trial on May 11, 1987. After consideration of the record as a whole, the Court announced its findings and conclusions and orders from the bench....
Views: 1
ORDER The issue before this Court is whether in a Chapter 13 bankruptcy a matured indebtedness secured by a second mortgage on the Debtors’ principal residence is subject to “modification” under 11 U.S.C. § 1322(b)(2). On April 8, 1985, First Interstate Bank of West Billings (hereafter “First Interstate”) advanced $17,425.00 with interest of 16.75% per annum to Andrew J. Hemsing and ...
Views: 2
*882 MEMORANDUM OPINION BACKGROUND The debtors, plaintiffs herein, filed their petition for relief under Chapter 7 of the Bankruptcy Code on July 21, 1986. Thereafter, plaintiffs commenced this adversary proceeding seeking to void, in part, the lien of the defendant pursuant to 11 U.S.C. 506(d). Plaintiffs’ complaint alleges that the defendant claims to hold a first mor...
Views: 3
MEMORANDUM OPINION This matter comes before the court upon the defendant’s motion to dismiss. The parties have consented to proceeding in this matter before the bankruptcy consultant. Accordingly, this opinion is entered pursuant to Miscellaneous Order No. 87-21 of the United States District Court for the District of Oregon. The defendant filed her voluntary Chapter 7 petition on August 7, 19...
Views: 1
MEMORANDUM OF OPINION CONCERNING COMPLAINT TO DETERMINE DISCHARGEABILITY AND RELIEF FROM STAY Jill Lynn Meadows, former spouse of the Debtor, Anthony Drew Meadows, brought a Complaint to Determine the Discharge-ability and for Relief from Stay in the above captioned proceedings. Facts Mrs. Meadows and the Debtor were married February 28, 1981. Their daughter, Maegan Eli...
Views: 3
MEMORANDUM OPINION This matter comes before the court as a result of the final hearings held in this case. This case was originally filed as a case under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of California on February 15, 1984. The case was transferred to this court on January 22, 1985 and was subsequently converted to a case under Ch...
Views: 0
MEMORANDUM OF OPINION AND ORDER Amherst Sparkle Market, Inc. (Debtor) seeks the rejection of a collective bargain *848 ing agreement (Contract) which it entered into with Local 880, United Food & Commercial Workers Union (the Union). Upon due notice to all parties entitled thereto, an evidentiary hearing was held in compliance with 11 U.S.C. § 1113. The Court, having heard te...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the motion for relief from stay filed April 13, 1987 by Belle Isle Company, Inc. At the conclusion of a preliminary hearing conducted on May 12, 1987, the Court set the matter for a final hearing on June 8, 1978 and directed counsel to submit briefs on the issues raised by the pleadings and the evidence adduced at the preliminary hearing. ...
Views: 0
DECISION DENYING IN PART AND GRANTING IN PART DEFENDANT, TIMOTHY H. DUNLEVY’S MOTION TO DISMISS AND/OR IN THE ALTERNATIVE FOR MORE DEFINITE STATEMENT AND GRANTING TIME TO FILE AN AMENDED COMPLAINT This is a case that arises under 28 U.S.C. § 1334(a) and having been referred to this court, the within action is determined to be a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (I), in which the ...
Views: 0
OPINION The instant Adversary proceeding is in the form of an attack on the Proof of Claim of a Mortgagee filed by the Debtors, husband and wife in a joint Chapter 13 bankruptcy case. The Debtors assert that the Claim should be reduced by $2,000.00 due to their purported right to recoup this sum as against the Mortgagee due to alleged violations of the federal Truth-in-Lending Act, 15 U.S...
Views: 0
This is a case arising under 28 U.S.C. § 1334(a) and having been referred to this court is determined to be a core proceeding under 28 U.S.C. § 157(b)(2)(A), in which the Chapter 7 trustee has filed a motion (Doc. 14) requesting the court to reopen the case and set aside his abandonment. *118 For the reasons set forth herein, the court DENIES the relief requested in the trustee’s Motion. Th...
Views: 0
OPINION In this contested chapter 13 bankruptcy matter, a secured creditor has filed a proof of claim, seeking reimbursement from the debtors for prepetition and postpetition legal expenses it incurred. Through the proof of claim, the creditor, like many other mortgage lenders involved in chapter 13 bankruptcy cases, is attempting to pass on to its borrowers the costs it has incurred in a...
Views: 0
OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT FACTS AND ISSUES The facts are not in dispute. Under Title 51 of the Revised Code of Washington employers are required to provide workman’s compensation coverage for employees. This obligation may be satisfied either by qualifying as a self-insurer or by making compulsory contributions to the Washington State Industrial Insurance Fund. From Jan...
Views: 0
OPINION Before the Court is an application by two real estate brokers, Tiffany Realty, Inc. (“Tiffany”) and Golden Triangle Realty (“Golden Triangle”) for retroactive approval of their employment by the debtor-in-possession, Rich Joyce Enterprises, Inc. (“Rich Joyce”), and for approval of the payment to them of $23,600.00. The two brokers were employed by the debtor sometime prior to the time Ric...
Views: 0
MEMORANDUM OPINION The issue before me in this longstanding controversy is whether I should approve a settlement between the trustee of a chapter 11 debtor, Fidelity America Mortgage Co. (“FAMCO”), and Neshaminy Plaza Associates (“NPA”). Several limited partners of Neshaminy Office Building Associates (“NOBA”), a limited partnership organized by FAMCO, object to the settlement. For the reasons ...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant case presents a reprise of almost exactly the same factual and legal *953 issues which we recently considered in that portion of our Opinion in In re Tucker, Tucker v. Mid-Penn Consumer Discount Co., 74 B.R. 923, 928-34, (Bankr.E.D.Pa., 1987), addressing violations of the federal Truth-in-Lending Act, ...
Views: 1
MEMORANDUM OPINION We are herein presented with Motions pursuant to 11 U.S.C. § 522(f)(1) to avoid certain judicial liens of the Commonwealth of Pennsylvania, Department of Public Welfare (hereinafter referred to as “DPW”) filed by the Debtors in the above-entitled cases, brothers who are co-owners of a premises situated at 5904 West Chew Avenue, Philadelphia, Pennsylvania 19138 (hereinaf...
Views: 4
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant Adversary proceeding, in the form of a Complaint objecting to the Proof of Claim of the Debtor’s Mortgagee and seeking to determine the validity of the Mortgagee’s secured status, presents two questions which we have not addressed in prior Opinions: (1) What “value” should be used in determining secured status: the fair market value o...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant adversarial proceeding is an action by the Trustee of a Debtor mortgage company to recover, originally, compensatory damages of over $14 million and punitive damages of $50 million against the underwriters and the sales agent on two fidelity bonds as the result of certain fraudulent conduct of the Debtor’s President and major...
Views: 1
MEMORANDUM Before us is a request by the Debtor to pay its Vice-President, Richard Katz, compensation for collection of accounts receivable on a contingency-fee basis of “twenty (20%) percent of collected accounts receivable after payment of all actual and necessary expenses.” The Debtor’s largest unsecured creditor (and also the principal of a corporation which allegedly owes money to the Debtor...
Views: 0
OPINION The debtor, L & V Realty Corp. (“L & V”), has brought on an application asking the Court to determine that the payment to Class II creditors of $5,500 per month for the first 12 months of the debtor’s plan and the payment of $6,000 per month thereafter includes payment of interest on the deferred balance. The debtor, in effect, is seeking an interpretation of the language of ...
Views: 1
OPINION Presented to us herein are a Motion of the Debtor’s Mortgagee, MERRILL LYNCH MORTGAGE CORP. (hereinafter referred to as “the Mortgagee”), for relief from the automatic stay (hereinafter referred to as “the Stay Motion”) and the Debtor’s Adversary Complaint, based upon 11 U.S.C. §§ 502(a), 506(a), (d) and the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter refe...
Views: 1
MEMORANDUM OF DECISION Before the court is the complaint of Volvo White Truck Corporation for declaratory and injunctive relief. Defendants Cham-bersburg Beverage, Inc., Steven M. and Bobbie H. Gillespie, and C. Earl Brown, Inc. filed motions to dismiss. John T. Grigsby, Jr., Disposition Assets Trustee of the White Motor Reorganization Trust, intervened as a party-defendant. Due to prompt...
Views: 1
MEMORANDUM OPINION AND ORDER The matter before the Court is Farmer’s Gas Company’s Motion to Dismiss the Debtors’ Chapter 12 petition. On November 25, 1986, Ivan A. and Geraldine H. Ryder filed a petition for relief under Chapter 11 of the Bankruptcy Code. On November 8, 1986, Farmers Gas Company, a creditor of the Ryders, filed a motion to dismiss the case based upon delay in filing Chapter 11...
Views: 1
MEMORANDUM On May 5, 1987 this proceeding was before the Court for hearing on the objection of the Production Credit Association of South Central Kansas (PCA) to certain of the debtors’ exemption requests and the debtors’ application to avoid the lien of the PCA in certain farm machinery and motor vehicles, and the PCA’s objection thereto. The debtors appeared in person and by counsel, Dan E....
Views: 0
ORDER ON COMPLAINT TO DETERMINE AMOUNT, PRIORITY AND DISCHARGEABILITY OF CLAIM The matter before the Court is a complaint to determine the amount, priority and dischargeability of a United States tax claim. The debtors Dee Albert and Evelyn Patricia Brinegar (the Brinegars) filed this action under 11 U.S.C. § 523(a)(1) and (7) and 11 U.S.C. § 507(a)(7), contending that the proof of claim ...
Views: 1
OPINION This matter comes before the Court on the complaint to determine the validity and/or priority of liens filed by Sencore, Inc., hereinafter referred to as plaintiff or Sencore, against Jacob C. Pongetti, Trustee for the Estate of Columbus Typewriter Company, Inc., d/b/a Columbus Business Machines, hereinafter referred to as defendant or trustee; the parties having all agreed that the Cou...
Views: 3
OPINION AND ORDER This matter came on to be heard on the Trustee’s limited Motion for Summary Judgment. The Debtors owned and operated a construction business and had established a line of credit with the Brimfield Bank. As security for the line of credit, the Brimfield Bank took an assignment of the Debtors’ right to payment from various construction contracts. The Brimfield Bank made several ...
Views: 0
OPINION Came on for consideration the motion filed by the above captioned debtors to convert this Chapter 11 bankruptcy case to a case under Chapter 12 of the Bankruptcy Code; response to said motion having been filed by the Prudential Insurance Company of America, hereinafter referred to as Prudential, a secured creditor of the debtors; all parties being represented by their attorneys of...
Views: 0
OPINION On February 17, 1987, in Forth Worth, Texas, there came on for consideration the plan of reorganization filed December 17, 1986, on behalf of the debtor, 360 Inns, Ltd., hereinafter referred to as the debtor. At the time of this hearing, an objection to *575 confirmation and motion to dismiss had been filed by a secured creditor, Union Mutual Life Insurance Company, h...
Views: 1
SUPPLEMENTAL MEMORANDUM OPINION I. This matter is before the Court on an adversary proceeding complaint filed by the debtor’s landlords, James L. Guy and James L. Mann (the landlords), against Fi-delcor Business Credit Corporation (Fidel-cor), which is the secured creditor of the debtor, Staunton Industries, Inc. (Staun-ton). The landlords seek to charge Fidel-cor for the costs and e...
Views: 0
FINAL JUDGMENT THIS CAUSE came before the Court on SOUTHEAST BANK, N.A.’s Motion to Dismiss the plaintiff’s adversary proceeding for preliminary and permanent injunctive relief. The bank’s motion was made on the grounds that this Court lacks jurisdiction. The Court finds that the bank’s motion is well taken and should be granted. The adversary proceeding was brought by the debtor to prevent S...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION I. On April 22, 1987, the Court gave a bench opinion denying a motion for summary judgment filed by the debtor, Henry T. Manuel. This written opinion supplements that bench opinion. The plaintiff, Mary V. Day, seeks a judgment that her debt is non-dischargeable under 11 U.S.C. § 523(a)(2). The complaint alleges Manuel’s fraud, including arson and ...
Views: 0
MEMORANDUM AND ORDER This matter is before the Court on plaintiffs objection to dischargeability. Plaintiff previously filed suit against defendant in state court for injuries she sustained after being struck by defendant while he was riding his motorcycle. On April 1, 1985 the state court entered judgment in favor of plaintiff, and awarded her compensatory damages in the amount of $1,200,000...
Views: 0
MEMORANDUM DECISION DENYING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION By notice of motion dated May 15, 1986, the defendants sought to have this adversary proceeding dismissed pursuant to Fed. R.Civ.Pro. 12(b)(1) and 12(h)(3), made applicable by Bankruptcy Rule 7012(b), for lack of subject matter jurisdiction. For the reasons which follow, the motion is denied. Involuntary petition...
Views: 0
MEMORANDUM DECISION DENYING DEBTOR’S APPLICATION FOR ORDER DIVESTING THE CHAPTER 11 TRUSTEE OF CONTROL OF THE SARAH NEUMAN NURSING HOME Carl H. Neuman (“Neuman” or “Debt- or”), a licensed physician, filed a Chapter 11 petition on December 11, 1984. Neuman continued as a debtor in possession until March, 1986, when the court directed the U.S. Trustee to appoint a Chapter 11 Trustee. By ord...
Views: 1
DECISION ON JAMES A. WILSON'S MOTION FOR HARDSHIP DISCHARGE Heard on June 2, 1987, on James A. Wilson’s motion for a hardship discharge of a debt owed to the Higher Education Assistance Foundation (“the Foundation”). The debt, in the principal amount of $2500, accrues interest at the rate of eight per cent per year, and calls for sixty-one monthly payments of $50 each, beginning July 1, 1987....
Views: 0
MEMORANDUM DECISION INTRODUCTION This is before the Court on an amended motion for order to show cause filed on behalf of Harold and Marilyn Rinehart (“debtors”) by Attorney James P. Hurley on May 18, 1987. 1 Debtors substantively allege: 1) the Small Business Administration (“SBA”) does not have a right to offset its prefiling claims against Agricultural Stabilization and...
Views: 2
MEMORANDUM DECISION INTRODUCTION Several matters are before the Court. Included are: 1) objection to proof of claim filed on behalf of Daryl and Donna Hogg (“debtors”) by Attorney Max A. Gors on September 26,1986; 1 2) complaint to determine nature, extent, and validity of liens filed on behalf of Norwest Bank South Dakota, N.A. (“bank”), by Attorney James A. Wyly on August 19, 1986. In the...
Views: 1
MEMORANDUM DECISION GRANTING MOTION BY PETITIONERS FOR SUMMARY JUDGMENT AND ORDER FOR RELIEF For the reasons which follow, this court finds that the petitioning creditors are entitled to entry of an order for relief against the debtor, Richard M. Tikijian (“Tikijian” or “Debtor”), in this involuntary Chapter 7 bankruptcy case. Before discussing the merits of the involuntary petition, it s...
Views: 1
MEMORANDUM DECISION ON APPLICATION FOR ALLOWANCE OF COUNSEL TO THE EQUITY SHAREHOLDERS’ COMMITTEE Yes, Virginia, there is a Santa Claus, at least for administration claimants in a confirmed Chapter 11 case. The secured creditors may be more comfortable in the Uncle Scrooge role. But at confirmation, like it or not, they must play Santa Claus. The debtor in this case, Emons Industries...
Views: 0
ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE DEFAULT ENTRY AND ORDERING FURTHER PROCEEDINGS This is a case arising under 28 U.S.C. § 1334(a) and having been referred to this court, the within action is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (I). On January 5, 1987, the court entered an Order Granting Motion And Application For Judgment By Defaul...
Views: 0
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on a motion to dismiss a Chapter 7 case under Bankruptcy Code Section 707(b) filed by Attorney Andrew J. Schmid on behalf of United States Trustee William P. Westphal (“Trustee”) on March 16, 1987. Trustee substantively alleges that because George and Georgeta Restea’s (“debtors’ ”) debts are primarily consumer debts an...
Views: 1
Before us is a motion by Prudential Insurance Company of America (“Prudential”), a creditor, for relief from the auto *329 matic stay, imposed by Section 362 of title 11 of the United States Code (the “Bankruptcy Code”), which would permit Prudential to foreclose on certain vessels that are the subject of alleged first preferred ship mortgages in favor of Prudential and require the...
Views: 1
DECISION AND ORDER The debtor in this proceeding, Babylon Limited Partnership (“Babylon” or the “Debtor”), seeks an extension of the 60-day time period, provided for in § 365(d)(4) (1987) (the “Code”) in which it must assume or reject a lease between the Debtor (lessee) and Beacon Broadway Company (lessor), of non-residential real property (i.e., the Beacon Theatre), located at 2124 Broad...
Views: 0
*525 OPINION ON TRUSTEE’S COMPLAINT TO RECLAIM PROPERTY OF THE DEBTOR, TO AVOID CERTAIN LIENS AND SUBORDINATE CLAIMS OF COON AND COON REFRIGERATION, TO RECOVER PROCEEDS OF THE SALE OF DEBTOR’S ASSETS, AND ON TRUSTEE’S PETITION TO ABANDON PROPERTY MOTION FOR ABANDONMENT Case Summary Before this Court are three interrelated proceedings instituted by the Trustee in the...
Views: 2
DECISION On October 3, 1986, the interim trustee (the “Trustee” or “Defendant”) filed a motion seeking an order requiring Rodney Lis-senden, as representative underwriter for and on behalf of Underwriters at Lloyds subscribing to policy of insurance No. JB750600978 (“Ide’s Insurer”), to turn over the proceeds from a loss of property occurring on December 26, 1986, which was covered by the...
Views: 1
Joseph A. Ris, Chapter 11 Trustee (“Trustee”) of Colby Construction Corpora*51tion (“Colby”), by his attorneys, Dreyer & Traub, filed a complaint (the “Complaint”) on November 19, 1986 against, inter alia, Joseph P. Coppotelli (“Coppotelli”) and Louis A. Angeletti (“Angeletti”) (collectively Coppotelli and Angeletti are referred to as the “defendants”) alleging, in part, wrongful diversion of moni...
Views: 0
DECISION AND ORDER United States Lines, Inc. (the “Debtor”) seeks an interlocutory judgment 1 finding GAC Marine Fuels Ltd. (“GAC Marine”) to be in continuing civil contempt and requiring GAC Marine to pay to the Debtor all accrued, unpaid contempt sanctions for the period from December 23, 1986 through February 3, 1987 as set forth in an order of this Court dated December 29, ...
Views: 2
DECISION AND ORDER The Hong Kong & Shanghai Banking Corporation (the “Defendant” or the “bank”) by summary judgment motion, seeks an order granting summary judg *299 ment and dismissing the complaint filed by the trustee (the “Trustee”) of Kam Kuo Seafood Corporation (the “Debtor”) alleging a $150,000 preferential payment made by the Debtor to the Defendant. The Defendant con...
Views: 0
MEMORANDUM OPINION BACKGROUND OF THE PROCEEDINGS Gainesville P-H Properties (“GPHP”), the Debtor, filed its Petition under Chapter 11 of the Bankruptcy Code on March 16, 1987. On March 20, 1987 Days Inns of America Franchising, Inc. (“Days Inns”) filed a motion for relief from the automatic stay to allow it to proceed with a prior pending action in the United States District Court, N...
Views: 0
MEMORANDUM ON DEFENDANTS’ MOTION TO DISMISS Fireman’s Fund Insurance Company was the performance bond surety on a contract between the debtor, Boston Shipyard Corporation (hereafter, “BSC”) and the Panama Canal Commission, (hereafter, “PCC”) for the construction of a tugboat. In January, 1987, BSC and the PCC requested this Court to approve a settlement under which the PCC would pay BSC $1,045,00...
Views: 0
DETERMINATION OF MARSHALLING RIGHTS The debtor filed its Chapter 11 on September 29, 1986. The ease has since been converted to a Chapter 7. The parties have stipulated to the facts, and only those immediately relevant at this time are summarized. The debtor’s assets have been sold and the proceeds can be segregated into two groups, real property and personalty, both of which are encumber...
Views: 0
MEMORANDUM OPINION This somewhat unusual and very interesting question as to the quantum and quality of debtor’s homestead exemption is raised by debtor’s Motion to Avoid Liens. By his pleading debtor seeks to avoid the judicial lien of his ex-wife, Rita R. Robinson, a/k/a Rita R. Bertelli in the amount of $5,900.74 plus $1,200.00 attorney fees. That amount was awarded to her by the Circu...
Views: 0
ORDER DISALLOWING EXEMPTION AND DENYING MOTION TO AVOID LIEN This case came on for hearing on the objection of the First State Bank of Apple Valley to the debtors’ claim of an exemption and the debtors’ motion to avoid the bank’s security interest. Ian Traquair Ball and William C. Mortensen appeared for the debtors and John F. Wagner appeared for the bank. FACTS The debtor, Frederic W. Hila...
Views: 1
76 B.R. 145 (1987) In re Billie David ROBINSON, Debtor. Blossom Akst LEVY, Gilda Davis, and Milene-Opryland Music, Inc., Plaintiffs v. Billie D. ROBINSON, Defendant. Bankruptcy No. 87-00785-C, Adv. No. 87-0164-C. United States Bankruptcy Court, W.D. Missouri, C.D. July 30, 1987. Stacy R. Obenhaus, Stinson, Mag & Fizzell, Kansas City, Mo., for plaintiffs. Jerry W. Venters, Jefferson City, Mo.,...
Views: 0
ORDER ON OBJECTION TO DEBTOR’S LIST OF EXEMPT PROPERTY On January 21,1987 an objection to debt- or’s list of exempt property filed by the Brenton State Bank of Jefferson (Bank) filed on November 7, 1986 came on for hearing in Des Moines, Iowa. Rita Har-mening Pedersen appeared on behalf of the Bank and Thomas Hanson appeared on behalf of the debtor. The debtor filed an individual petition for reli...
Views: 0
MEMORANDUM DECISION The plaintiffs hold a $17,878 judgment against the debtor. They seek exception from discharge for that claim under 11 U.S.C. § 523(a)(2). The debtor has answered. The matter was tried on May 5. In April 1984 plaintiffs purchased a duplex from the debtor. A real estate agent representing the debtor handled the sale. Plaintiffs dealt solely with the agent. They never had any cont...
Views: 0
76 B.R. 247 (1987) In re ANTINARELLI ENTERPRISES, INC., d/b/a Sound Advice, Debtor. John F. CULLEN, trustee of the Estate of Antinarelli Enterprises, Inc., Plaintiff, v. TDK ELECTRONICS CORPORATION, Defendant. Bankruptcy No. 84-1363-HL, Adv. No. 86-1399. United States Bankruptcy Court, D. Massachusetts. July 21, 1987. *248 John F. Cullen, trustee Cullen & O'Connell, Boston, Mass. Christopher ...
Views: 0
MEMORANDUM DECISION I. At issue is whether the partial assignment of a non-dischargeable claim under § 523(a)(4) and § 523(a)(6) affects the dis-chargeability of the claim. The State Bar of California (“State Bar”) argues that as assignee of a non-dischargeable claim, it has standing to maintain the cause of action against the debtor. II. FACTS The material facts are not in dispute. Llo...
Views: 0
ORDER DENYING RECONSIDERATION These two unrelated cases heard June 9 present the same issues and are, therefore, treated together in this order. Each case was dismissed sua sponte under 11 U.S.C. § 105(a) because in each case the debtors had failed to file the bankruptcy schedules required by B.R. 1007(b) or the list containing the names and addresses of all creditors required by B.R. 100...
Views: 0
MEMORANDUM In this Chapter 7 bankruptcy proceeding, the trustee, as joined by Societe Nationale Pour la Recherche, la Production, le Transport, la Transformation et la Commerciali-sation des Hydrocarbures (“Sonatrach”), seeks to have the claim of Distrigas of Massachusetts Corporation (“DOMAC”) disallowed under 11 U.S.C. § 502(b)(1). BACKGROUND On September 30, 1985, Distrigas Corporation (...
Views: 1
MEMORANDUM AND ORDER This matter is before the Court on Equipment Leasing, Inc.’s (“Equipment Leasing”) Petition for Payment of Administrative Claim. C. Schmidt Trucking, Inc. (“Schmidt Trucking”) and Equipment Leasing entered into four separate “Lease Agreements” pursuant to which Schmidt *130 Trucking “leased” four different trailers from Equipment Leasing. Monthly payments under each Agree...
Views: 0
MEMORANDUM ON STATUS OF LEASE/SECURITY AGREEMENT The matter before the Court was prompted by a Motion to Compel Debtor to Accept or Reject an Executory Contract filed by Reservoir Leasing Corporation regarding the telephone system allegedly leased to the debtor. The trustee, in response to the motion, denied the validity of a lease, claiming that the equipment was properly vested in the d...
Views: 0
ORDER DENYING MOTION FOR RECONSIDERATION Regenesis, an unsecured creditor, moves to have us reconsider the disallowance of its late-filed claim on the grounds that it didn’t have notice its claim was disputed. Because we find that Regenesis’ untimely filing of its proof of claim resulted from a tactical course of conduct rather than from lack of notice, we deny its motion to reconsider th...
Views: 2
MEMORANDUM ON THE FIFTH AMENDMENT In this Chapter 11 bankruptcy proceeding, Special Counsel for debtor, Standard Financial Management Corp., alleges that unimmunized non-debtor witnesses, Dana J. Willis (“Willis”) and Paul F. Taglione (“Taglione”) have waived their Fifth Amendment rights guaranteed under the United States Constitution with respect to testimony regarding aspects of their financial ...
Views: 0
DECISION & ORDER The court after hearing the motion brought by the Attorney General of the State of New York (hereinafter “State”) to dismiss or convert the Mattiace Industries, Inc.’s (hereinafter “debtor”) Chapter 11 bankruptcy petition, finds after due deliberation based on the credible testimony adduced and the exhibits marked in evidence that a dismissal of the Chapter 11 petition is...
Views: 0
MEMORANDUM OPINION Industrial Valley Bank (IVB) has filed a motion to dismiss this bankruptcy case pursuant to 11 U.S.C. § 109(g)(2). In their response, the debtors, William and Concetta Keul, have conceded, in large part, the factual underpinnings of IVB’s request but contend that circumstances make dismissal inequitable. After considering all of the evidence presented at trial, I must g...
Views: 1
ORDER ON OBJECTION TO SCHEDULE B-4 PROPERTY CLAIMED AS EXEMPT On April 14, 1987 an objection to schedule B-4 property claimed as exempt filed by the trustee on March 5, 1987 came on for hearing in Des Moines, Iowa. The trustee, David Erickson, appeared and David J. Erbes appeared on behalf of the debtors. The parties have submitted briefs. The matter is considered fully submitted. The debtors...
Views: 1
ORDER ON OBJECTION TO SCHEDULE B-4 PROPERTY CLAIMED AS EXEMPT On April 15, 1987 the trustee’s objection to schedule B-4 property claimed as exempt filed on March 17, 1987 came on for hearing in Des Moines, Iowa. The trustee David A. Erickson appeared and Jonathan M. Kimple appeared on behalf of the debtors. This case presents the novel and timely question of whether a personal computer is an imple...
Views: 0
MEMORANDUM OPINION This matter came before the court upon the debtors’ objection to the claim of Internal Revenue Service (IRS). The IRS filed claims for taxes due in 1980,1983,1984 and 1985. The parties agree that the 1980 tax claim in the amount of $14,146.00 plus penalties and interest is not entitled to priority under 11 U.S.C. § 507. If the other tax claims, which total $10,600, are unsecu...
Views: 0
ORDER DISMISSING CASE The motion (C.P. No. 5) of this chapter 13 debtor’s mortgagee for dismissal of this case was heard on April 29. The motion is granted. Movant obtained a foreclosure judgment against this debtor on December 17, 1986. The foreclosure sale occurred on January 20,1987 and a certificate of title was issued to movant on February 2, 1987. This bankruptcy petition was filed Ma...
Views: 0
76 B.R. 473 (1987) In re William KANUIKA, III, Debtor. Bankruptcy No. 87-01290F. United States Bankruptcy Court, E.D. Pennsylvania. August 3, 1987. *474 David H. Lang, Media, Pa., for movant/debtor, William Kanuika, III. James J. Freeman, Yeadon, Pa., for Elizabeth F. May, mortgagee. Edward Sparkman, Philadelphia, Pa., Trustee. MEMORANDUM OPINION BRUCE FOX, Bankruptcy Judge: Before me is a motio...
Views: 0
The Federal Land Bank of Spokane (hereinafter referred to as Creditor) has filed a motion to dismiss this case. The other appearing Creditors have joined in the motion. As grounds for the motion Creditor alleges the following: first, Creditor alleges Debtor is ineligible as a Chapter 12 debtor since the filing is a violation of Section 302 of the Family Farmer Bankruptcy Act of 1986; second, Cred...
Views: 1
76 B.R. 224 (1987) In re INSLAW, INC., Debtor. INSLAW, INC., Plaintiff, v. The UNITED STATES of America and the United States Department of Justice, Defendants. Bankruptcy No. 85-00070, Adv. No. 86-0069. United States Bankruptcy Court, District of Columbia. July 31, 1987. Charles R. Work, Stephen P. Murphy, M.E. Friedlander, McDermott, Will & Emery, Philip L. Kellogg, Kellogg, Williams and Ly...
Views: 0
MEMORANDUM OPINION This matter came before the court upon Centurion Mortgage Company’s (Centurion) motion for relief from stay. Centurion is represented by Longyear & Hayes of Sacramento, California. The debtors are represented by Richard J. Parker of Tam-blyn & Bush from Portland, Oregon. The motion seeks relief from stay in order to foreclose on certain real property. Centurion is ...
Views: 0
ORDER ON OBJECTION TO CLAIM NO. 4 (IRS) The objection (C.P. No. 19) of the debtor husband to Claim No. 4 filed by the IRS was heard on April 29. The objection is overruled and the claim is allowed in the amount of $59,252. The claim is for the 100 percent penalty assessed against the debtor husband when Florida Service Network, Inc. failed to pay taxes withheld from the employees for the five...
Views: 0
76 B.R. 212 (1987) In re COASTLAND CHRYSLER PLYMOUTH, INC., Debtors. Bankruptcy No. 85-02208-BKC-TCB. United States Bankruptcy Court, S.D. Florida. May 20, 1987. Edward R. Miller, Naples, Fla., for debtors. John C. Shawde, Mershon, Sawyer, et al., Miami, Fla., for Trustee. Robert W. Clark, MacFarlane, Ferguson, et al., Tampa, Fla., Janie Anderson, co-counsel, Steel, Hector & Davis, Miami, Fla., f...
Views: 0
ORDER DENYING RECONSIDERATION The debtor’s emergency motion for reconsideration (C.P. No. 11) filed April 23, was heard April 27 and 28. The motion is denied. The motion is addressed to the Order of April 21 granting stay relief to the holder of a deed of trust upon Colorado property. The motion merely reargues the debtor’s contentions made at the hearing on the motion for stay relief — that there...
Views: 0
MEMORANDUM OPINION This matter came before the court upon Terry Sundkvist’s objection to confirmation of the debtors’ proposed chapter 13 plan. The debtors were represented by Robert E. Lowe of Gresham, Oregon. Terry Sundkvist was represented by Robert A. Birk of Portland, Oregon. Colleen Selby, one of the debtors, was employed as an agent for Farmers Insurance Company of Oregon (Farmers). He...
Views: 0
76 B.R. 221 (1987) In re: Murray CORWIN, Debtor. DAMIAN MANUFACTURING CO., LTD., a Jamaican corporation, Plaintiff, v. Murray CORWIN, Defendant. Bankruptcy No. 87-00127-BKC-SMW, Adv. No. 87-0123-BKC-SMW-A. United States Bankruptcy Court, S.D. Florida. August 3, 1987. *222 Sandy Karlan, Miami, Fla., for defendant. Robert Maland, Miami, Fla., for plaintiff. FINDINGS OF FACT AND CONCLUSIONS OF LAW ...
Views: 0
MEMORANDUM DECISION The chapter 7 trustee in the two bankruptcies noted above simultaneously filed 26 adversary complaints seeking recovery variously under 11 U.S.C. §§ 547, 548 and 550 of alleged preferential or fraudulent transfers. On the motion of several defendants, I directed that the issue of the debtors’ insolvency, an element in every case, be tried separately on a single record in this p...
Views: 1
MEMORANDUM OPINION The debtors herein, Gene Brown and Sheila Brown, have filed this chapter 13 bankruptcy in an effort to cure a prepetition delinquency on their home mortgage. The mortgagee, Meritor Savings Bank (“Meritor”), has filed a motion for relief from stay pursuant to 11 U.S.C. § 362(d). This case presents the question whether 11 U.S.C. § 1322(b)(5) authorizes the debtors to...
Views: 2
MEMORANDUM OPINION INTRODUCTION Pending for determination is the Motion To Dismiss filed by the Defendant, Wing On Bank, Limited (“Wing On”). After the parties submitted voluminous briefs, the Court heard testimony and argument on the Motion on July 10, 1987. Because matters outside the pleadings have been presented, the Court will treat the Motion as one for summary judgment under Bankruptcy...
Views: 3
MEMORANDUM AND ORDER This matter comes before the Court on the Trustee’s Motion to Clarify this Court’s Order of March 20, 1987. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), since it involves matters concerning the administration of the estate and 28 U.S.C. § 157(b)(2)(B), concerning the allowance or disallowance of claims against the estate. The facts in this case...
Views: 0
MEMORANDUM OPINION INTRODUCTION Pending for determination are two motions and an adversary proceeding brought by Wing on Bank, Limited (“Wing On”) against the Debtor. The Debtor having hotly contested these proceedings and filed its own brief in opposition thereto, the Court scheduled an oral argument thereon and at the conclusion thereof granted Wing *1004 On leave to file its own brief on...
Views: 4
MEMORANDUM OPINION Debtor, Lamar Farmers Exchange, [“Lamar”] is a cooperative corporation engaged in the business of the retail marketing of agricultural products. From 1971 until January 1, 1984, Lamar was a member of MFA, Inc., pursuant to a License Agreement. MFA notified Lamar by certified mail on October 25, 1983, that it would terminate its license and service agreement on January 1, 1984...
Views: 0
76 B.R. 490 (1987) In re Marjorie Maree McCALL a/k/a Marjorie Maree McCall Cavalieri, Debtor. Elaine P. Denny FORSTALL, Plaintiff, v. Marjorie Maree McCALL a/k/a Marjorie Maree McCall Cavalieri, Defendant. Bankruptcy No. 81-04297F, Adv. No. 86-1136F. United States Bankruptcy Court, E.D. Pennsylvania. August 6, 1987. *491 Bernard H. White, Radnor, Pa., for plaintiff, Elaine P. Denny Forstall. Rode...
Views: 0
OPINION AND ORDER The Plaintiff made a loan to the Debtors, and to evidence the loan, the Debtors signed and delivered to the Plaintiff a Note and Security Agreement (NOTE). At the top of the NOTE after setting forth the amount due, the number and amount of monthly payments, and other routine terms, the NOTE provided, in part, as follows: [[Image here]] Immediately under that pr...
Views: 0
MEMORANDUM OPINION INTRODUCTION On August 1, 1986, Insurance Company of North America (“INA”) filed its Motion To Compel Debtors To Assume Or Reject Executory Insurance Contracts and Brief in support thereof. On August 26, 1986, Debtors and the Official Creditors’ Committee filed their Brief In Opposition To INA’s Motion. On August 29, 1986, INA filed its Reply Brief. The parties having submi...
Views: 2
ORDER VACATING ORDER ON MOTION FOR MODIFICATION OF AUTOMATIC STAY AND GRANTING RELIEF FROM AUTOMATIC STAY THIS CAUSE came on for hearing upon a Motion for Rehearing on the Order on the Motion for Modification of Automatic Stay filed by General Electric Credit Corporation (GECC), a creditor in the above-captioned Chapter 11 case. The Motion is addressed to a previous order of this Court which direc...
Views: 2
MEMORANDUM AND ORDER The matter before the court is confirmation of the Second Amended Plan Of Reorganization filed by Ronald and Ramona Ei-senbarth (Debtors) on March 6, 1987. The Debtors filed a Chapter 11 petition on March 15, 1985. A motion for confirmation pursuant to section 1129(b)(1) of the Code was filed by the Debtors on February 17, 1987. Production Credit Association (PCA), Fe...
Views: 1
MEMORANDUM OPINION The hearing on Confirmation of the Chapter 12 proceeding came before the Court on July 23, 1987, in Jefferson City, Missouri. The plan was filed on May 21, 1987, and was heard at the earliest possible opportunity by the Court which sits in Jefferson City only two days per month. At the outset of the hearing, counsel for the debtors made two oral Motions. *148 The first Mo...
Views: 0
ORDER ON ORDER TO SHOW CAUSE THIS IS a Chapter 7 case, and the matter under consideration is a determination of the amount of fee charged by Ms. Malka Isaak (Ms. Isaak) to Neal Glenn Chambers (Debtor), the Chapter 7 Debtor in connection with this case. The matter came before this Court pursuant to an Order to Show Cause which directed Ms. Isaak to appear before the undersigned and show cause, i...
Views: 0
MEMORANDUM OPINION Kathleen Burke Freudenmann filed for relief under Chapter 11 of the Bankruptcy Code on May 6, 1980. This adversary proceeding was filed on December 1, 1982. The facts alleged are as set forth below. Freudenmann owns a farm in Matagorda County which is bisected by and borders on West Wilson Creek (the Creek). Drainage District # 2 (the District) cleared the Creek of...
Views: 2
ORDER THIS MATTER came on to be heard upon the defendant’s motion for summary judgment and the plaintiff’s renewed motion for summary judgment. The complaint initiating these proceedings is an action by the plaintiff/trustee to avoid a fraudulent transfer of real property to the defendant pursuant to Sections 548(a)(2)(A) and 550(a) of the Bankruptcy Code. The essential facts are not...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the Court on the motion of Truck Lease Inc. (“TLI”) for payment of the balance of its administrative claim arising out of Jartran I. TLI has also requested that the bar date in operation of Jartran II be extended to March 15, 1987, and that its attorney be included on the service list. TLI is not a creditor of Jartran II except to the ext...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 7 case is a Complaint to Determine Dischargeability of Specific Debt filed by Commercial Credit Corporation (Plaintiff) against Michael Roy Sawyer and Kathleen Greenlee Sawyer (Debtors), the De *202 fendants involved in the above-captioned adversary proceeding. The Compl...
Views: 1
OPINION 1 Issue May a Chapter 7 debtor use § 506(d) of the Bankruptcy Code to void the underse-cured portion of a mortgage lien on real property where the property has been exempted, abandoned, or otherwise not administered under Bankruptcy Code? Jurisdiction This court has jurisdiction over the parties and subject matter of this action under 28 U.S.C. § 133...
Views: 2
MEMORANDUM DECISION AND ORDER On the 7th day of January 1987 came on to be considered the Trustee’s Objection to the Amended Exemptions filed by the Debtors in the above styled and numbered case; and It appearing to the Court that this case was filed on July 8, 1986 and the First Meeting of Creditors was set for and held on October 6, 1986. No extension of time to object to exemptions was eve...
Views: 1
MEMORANDUM AND ORDER The matter before the court is consideration of motions to dismiss the Chapter 11 bankruptcy case of Dwight A. Foss (Debt- or) filed by Federal Land Bank of St. Paul (FLB) arid Production Credit Association (PCA). The Debtor filed for Chapter 11 relief on September 8, 1986. FLB filed its Motion To Dismiss March 27,1987, alleging that the Debtor is incapable of reorgan...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a confirmed Chapter 11 case, and the matter under consideration is a Motion for Summary Judgment, filed by Michael Crabtree (Debtor), the Debtor who instituted this adversary proceeding. The Debtor in his Complaint filed against the United States of America, Internal Revenue Service'(IRS), seeks an order directing the IRS to turn over to the Debtor t...
Views: 0
AMENDED ORDER ON EMERGENCY MOTION TO REMOVE TRUSTEE THIS IS a Chapter 7 case originally commenced as a voluntary Chapter 11 case, which was later converted when it became apparent that Schoen Enterprises, Inc., d/b/a Oldt Waring, the Debtor in the above-captioned case (Debtor) was unable to achieve rehabilitation under Chapter 11. The matter under consideration is a renewed Motion to Remo...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon the motion of creditors Pinch a Penny, Inc., (Pinch a Penny) and Sun Wholesale Supply, Inc. (Sun) to dismiss the two separate Chapter 11 petitions of Neil and Carol Ottavi, jointly, (Ottavis), and Noco, Inc. (Noco), a franchise operated by the Ottavis individually. The Court, having heard the testimony and examined the evidence...
Views: 3
ORDER ON EMERGENCY MOTION TO DISMISS CHAPTER 11 CASE AND ORDER ON EMERGENCY MOTION FOR RELIEF FROM AUTOMATIC STAY OR ADEQUATE PROTECTION THE MATTER under consideration is an Emergency Motion to Dismiss Chapter 11 Case and an Emergency Motion for Relief From Automatic Stay or Adequate Protection filed by Mildred Jacobson, as Trustee of the Mildred Jacobson Family Trust, and Mildred Jacobso...
Views: 0
ORDER Heard on June 29, 1987, on the plaintiffs’ (debtors) complaint for a temporary restraining order to prevent the real estate closing and distribution of proceeds from the sale of their residence, which was purchased at public foreclosure sale on April 15, 1987 by EMT Associates for $92,000. Plaintiff Flora Fandetti, the largest (alleged) unsecured creditor, objects (most belatedly) to the dis...
Views: 1
MEMORANDUM OPINION THIS MATTER came before the Court upon a motion by the debtors pursuant to § 722 of the Bankruptcy Code (Code) (11 U.S.C. § 722), to redeem a 1978 Ford truck from a secured creditor’s lien. Upon the record and stipulation of the parties, the Court makes the following findings of fact: The debtors filed a joint Chapter 7 petition on March 12, 1987. Within the s...
Views: 0
MEMORANDUM DECISION DENYING MOTIONS TO DISMISS THE STATUTORY COMMITTEE OF UNSECURED CREDITORS AS A PARTY-PLAINTIFF Defendant, Elisa K. Blumberg (“E. Blumberg”), joined by defendant Michael A. Farina (“Farina”), moves to dismiss the statutory committee of unsecured creditors (the “Committee”), an intervening plaintiff, as a party in this adversary proceeding. E. Blumberg contends that the ...
Views: 0
ORDER OF COURT AND NOW, this 23rd day of December, 1987, it is hereby ORDERED, ADJUDGED and DECREED that: Judgment is awarded for Spagnol Enterprises, Inc. in the amount of $227,023.69; Judgment is awarded for Penn Lear Development Corporation in the amount of $47,653.33; The parties are to share proportionately in the escrow fund. MEMORANDUM OPINION PROPOSED FINDINGS OF FA...
Views: 1
MEMORANDUM OPINION This matter is here for decision on the Trustee’s motion for approval of a Stipulation of Facts and Documents entered into by the Trustee and defendants Herald Price Fahringer and Marian S. Rosen. Received in Chambers the day prior to the hearing were two documents affecting the Court’s disposition of the motion: a written objection from the debtor, Edwin P. Wilson, and a letter...
Views: 0
MEMORANDUM OPINION The present disputes arise due to an unexpected development in the long-standing efforts of this Court to resolve the Objections of the Debtor to a secured Proof of Claim filed by one Rhoda Gershman (hereinafter referred to as “Gershman”). After a series of continuances during which this case was reassigned by former Chief Judge Emil F. Goldhaber to the undersigned and *1006...
Views: 1
76 B.R. 91 (1987) In re Clarence CROUCH, Jr., Pamela Sue Eubank Crouch, Debtors. Clarence CROUCH, Jr., Pamela Sue Eubank Crouch, Plaintiffs, v. PIONEER FEDERAL SAVINGS BANK and the Lomas & Nettleton Company, Defendants. Bankruptcy No. 5-87-00083, Adv. No. 5-87-0017. United States Bankruptcy Court, W.D. Virginia, Harrisonburg Division. August 7, 1987. *92 Ellen M. Arthur, The Legal Aid Soc. of...
Views: 1
MEMORANDUM OPINION This matter arises on the filing herein by the Trustee in Bankruptcy of a “Complaint to Determine Interest in Property, Sell Property Free and Clear of Encumbrances, and for Equitable Subordination.” 1 The property at issue is an improved 7.3-acre lot located in McLean, Virginia, formerly owned by the debtor, Philander P. Claxton, III (“Claxton, III”) and con...
Views: 0
MEMORANDUM OPINION In a Memorandum Opinion dated June 25, 1985, 50 B.R. 598, the Court denied John W. Thyden compensation for his term as Comptroller of the debtor, Bob Grissett Golf Shoppes, Inc., and reduced Thyden’s compensation for services rendered as attorney for the debtor to the sum of $5,000.00. Because Thyden had already re *90 ceived $7,000.00 in salary from the then debtor-in-poss...
Views: 0
DECISION This adversary proceeding was commenced by the trustee to recover an alleged preference. The defendants demanded a trial by jury pursuant to Bankruptcy Rule 9015 1 . Bankruptcy Rule 9015 was abrogated by a March 30, 1987, Order of the Supreme Court of the United States, effective August 1, 1987, requiring changes in the Bankruptcy Rules. Those changes gove...
Views: 1
MEMORANDUM OPINION This proceeding appears to be but one chapter in a long saga of one citizen’s travails with the Internal Revenue Service. The case comes before the Court on the complaint of the Debtor, Phillip Gene Mills, to determine dischargeability. This is a core proceeding in bankruptcy. This memorandum shall constitute findings of fact and conclusions of law. *595The matter comes before t...
Views: 0
MEMORANDUM OPINION Before the Court is Movants’ claim for damages, pursuant to 11 U.S.C. § 303(i), arising as a result of involuntary petitions in bankruptcy filed by Reserve Petroleum Company (hereinafter “Reserve”), and subsequently dismissed by this Court. After reviewing both the testimony offered at the hearing on this matter and the supplemental briefs submitted by the parties, we f...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Re: Debtor’s Plan Of Reorganization — Chapter 11 The matter before the Court is the confirmation of Debtors’ Joint Plan of Reorganization. The Production Credit Association of the Midlands (PCA) is the objecting creditor. This is a core proceeding under 28 U.S.C. § 157(b)(2)(L). MEMORANDUM OF DECISION Manta Noe owns 640 acres o...
Views: 0
DECISION In this motion, the trustee for the bankruptcy estate of Levitt House, Inc. seeks to compel the refund of interest and penalties from the Suffolk County Treasurer which accrued post-petition on tax liens encumbering real property of the bankruptcy estate. The undisputed facts follow. On September 22, 1978 an involuntary petition was filed against Levitt House, Inc. under the Bankrupt...
Views: 1
OPINION AND ORDER The only issue now pending before the Court is whether the amended complaint filed by the trustee states a claim upon which a relief can be granted and gives fair notice to the debtor as to the acts upon which the complaint is based. On January 21, 1986, Wallace Vázquez Sanabria, appointed trustee and plaintiff herein, filed a complaint objecting to the discharge of the debtor, ...
Views: 0
OPINION AND ORDER Banco Popular de Puerto Rico (Banco Popular) has moved the court to consider the automatic stay provisions of 11 U.S.C. § 362 lifted in its favor on the grounds that the Court has not made a determination on the motion to lift stay within the thirty (30) day period granted by Rule 4001(b) and 11 U.S.C. § 362(d). The final hearing on movant’s motion was heard on Febr...
Views: 0
OPINION AND ORDER This case is before the Court on the motion by Salvador Alvarez Rivera and Carmen Rodriguez (Alvarez) requesting the modification of the automatic stay to continue with the execution of an eviction judgment entered in civil cases number 81-1518 and PE-81-695 (consolidated) before the Superior Court of Puerto Rico, San Juan Part. Alvarez alleges that the judgment entered on Apr...
Views: 0
OPINION AND ORDER This matter is before the Court upon the application for removal filed by Abimael Hernandez Gonzalez requesting that case number 74-1747, Abimael Hernandez, et ais. v. Eduardo Maldonado, et al., Superior Court, San Juan Part, be removed to the bankruptcy court. The application is in the form of a motion. Removal of state court actions under the Bankruptcy Reform Act of 1978 was ...
Views: 0
OPINION AND ORDER The issue before the Court is whether the complaint by the Federal Deposit Insurance Corporation (hereinafter “F.D.I.C.”) was timely filed. The chronology and sequence of events is of crucial importance to the outcome of this proceeding. Accordingly, the same are set forth in the following: Findings of Fact 1. On May 9, 1986 the debtor filed a bankruptcy petition under Chapter ...
Views: 0
ORDER ENRIQUE S. LAMOUTTE, Chief Judge. On December 18,1986 this Court entered an Opinion and Order 74 B.R. 131 dismissing this petition, upholding in part, and vacating in part a prior Order entered on October 29, 1986. Judgment was entered accordingly by the Clerk on that same date. On December 24, 1986 debtor filed a Notice of Appeal informing the Court that an appeal from the aforementioned Ju...
Views: 0
OPINION AND ORDER This case is before the Court on the motion by Fideicomiso de Conservación de Puerto Rico (Fideicomiso) and the Corpora-ción para el Desarrollo y Administración de los Recursos Marinos, Lacuestres y Fluv-iales de Puerto Rico (CODREMAR) requesting the immediate surrender of premises leased by the debtor on the grounds that the debtors has not assumed the lease within the ...
Views: 2
ORDER The matter pending before the Court is a “Motion Requesting Relief from the Automatic Stay” (11 USC § 362) filed by the First Federal Savings Bank, the movant herein, on the grounds that debtor’s, mortgage loan is in default. This matter was heard on November 24, 1986. The Court gave the parties ten days to file a Memorandum of Law, which they did accordingly- Pursuant to the e...
Views: 1
OPINION AND ORDER On January 22, 1986, the debtor herein filed a petition under Chapter 13 of Title 11, United States Code, hereinafter referred to “U.S.C.”. In said petition the debtor included among his creditors Mr. Benjamin Laracuente as an unsecured creditor in the amount of approximately $15,-000.00. On February 18, 1986, creditors Benjamin Laracuente Batista and his wife Rebe-ca Sanche...
Views: 0
OPINION AND ORDER On November 21, 1986 the debtor herein commenced the instant case by filing a petition under chapter 11 of Title 11, United States Code. Shortly thereafter, on December 10, 1986, Mr. Vicente Font Zelinsky filed a motion to • dismiss and a motion requesting transfer of modification of automatic stay afforded by section 362 and order authorizing sale of real property and f...
Views: 0
ORDER On October 31, 1986 a Judgment was entered pursuant an Order entered on October 27, 1986, in which the Court denied defendant’s motion for sanctions, and dismissed all pending motions in this adversary proceeding, as well as the adversary proceeding itself. On November 6, 1986, the plaintiff filed a “Motion for Reconsideration and/or Amend Thereof”, moving the Court to reconsider the Or...
Views: 0
OPINION AND ORDER This matter is before the Court on the motion to lift stay filed by Cooperativa de Ahorro y Crédito del Valenciano (Cooperati-va) praying the Court to authorize the set-off of shares owned by the debtors and allegedly given as security for a loan. The debtor has opposed the motion on the grounds that section 553 of the Bankruptcy Code is not applicable to the instant case and thu...
Views: 0
OPINION AND ORDER This case is presently before the Court on the motion to lift stay filed by Harris International Telecommunications, Inc., (“Harris”) on November 13, 1986 to allow Harris to continue a collection action before the U.S. District Court for the District of Puerto Rico. Harris prays that the stay be lifted pursuant to 11 U.S.C. 362(d)(1) for cause, that is, for lack of good ...
Views: 1
MEMORANDUM The following Order to be entered of record in this case is intended to effect an equitable resolution to this controversy. Given the Debtors’ considerable equity in their home and the fact that they would be faced with loss of their home if we declined to enter an Order vacating our previous Order of January 28, 1987, granting the Motion of the Debtors’ Mortgagee, FEDERAL NATIONAL M...
Views: 2
ORDER On June 25, 1986 Robert Bennett and June.Griffen Bennett (movants) filed a motion, through counsel, requesting the substitution for cause of the duly appointed trustee in this case, Hector M. Rodriguez Estrada. *19 A hearing had been scheduled and held before the Honorable William H. Beckerleg on September 3, 1986 and was continued to November 21,1986. On the latter date, the matter w...
Views: 2
MEMORANDUM Before us is another of the multifarious disputes which the parties persist in not only raising but pursuing to the farthest extent possible in this case, see In re [Margot] Gurst, 70 B.R. 467 (Bankr.E.D.Pa.1987), appeal docketed, 87-2065 (E.D.Pa.), and in the separate case of the Debtor’s husband Sheldon. See In re [Sheldon] Gurst, 75 B.R. 575 ...
Views: 1
OPINION Before this court is a complaint to determine the dischargeability of a debt. The plaintiff, Janet Conibear, asserts a claim against the debtor, Jerry R. Alspach, in his capacity as an officer of PGP, Inc. The plaintiff invested the sum of $8,212.24 for the purchase of stock of the aforementioned corporation, of which the debtor was vice president. The plaintiff alleges that the debtor,...
Views: 0
OPINION We have occasion here to discuss the standards set forth in Federal Rule of Civil Procedure (hereinafter referred to as “F.R. Civ.P.”) 24 for determining whether intervention should be allowed. We believe that proper interpretation of the Rule requires both a practical and permissive approach. Considering the foregoing and all of the relevant factors, we are discounting the proced...
Views: 2
MEMORANDUM OPINION The above-captioned Adversary Proceeding is before the Court on cross motions for summary judgment. The Trustee has objected to proofs of claim filed by a creditor, Hotel Ramada of Nevada, d/b/a Tropicana Hotel and Country Club (hereinafter “Tropicana”). The Trustee has also filed a four count counterclaim. The Trustee admits that Tropicana is entitled to summary ju...
Views: 0
MEMORANDUM OPINION ON COMPLAINT TO AVOID TRANSFER STATEMENT OF CASE On February 5, 1985, Sweetapple Plastics, Inc., Plaintiff, filed a petition for relief under Chapter 11 of the Bankruptcy Code. 1 On June 6, 1985, Plaintiff, as debtor in possession, filed a complaint against Philip Shuman & Sons, Inc., Defendant, asserting that Defendant had received a preferential transf...
Views: 1
MEMORANDUM OPINION ON APPLICATION FOR AUTHORIZATION TO EMPLOY AN ATTORNEY NUN PRO TUNC MEMORANDUM OPINION AND ORDER Camp Lightweight, Inc., Debtor, filed its Chapter 11 case with this Court on March 22, 1985. Debtor filed its “Application for Authorization to Employ an Attorney Nunc Pro Tunc” with the Court on March 6, 1987. 1 In its application, Debtor asks the *85...
Views: 0
ORDER DENYING CONFIRMATION OF PLAN OF REORGANIZATION Final hearing on the confirmation of the Debtor’s Chapter 11 Plan was held on June 9, 1987, in Missoula, Montana, together with objections to the Plan filed by Kenneth W. Roy and Pearl C. Roy, contract sellers of the Debtor’s real property. The Plan, as filed, is contradictory because the Debtor wishes to (1) start logging the timber on his p...
Views: 0
MEMORANDUM OPINION Confirmation hearing in this Chapter 12 case was held on June 1, 1987. Nancy Thompson of Walthill, Nebraska, appeared on behalf of the debtor. Charles Balsiger of Norfolk, Nebraska, appeared on behalf of creditor Federal Land Bank and Richard Lydick appeared as trustee. Evidence was produced and the Court finds that the debtor is qualified as a family farmer debtor under Chapter...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY We are herein considering several procedural issues which we asked the parties to address in reference to these two cases, which are, by agreement of the parties, to be tried with two other cases concerning closely-related entities. The issues revolve around whether these adversary proceedings are core or non-core in nature, and the rami...
Views: 3
OPINION Presently before us in the instant case is a sequel to our decision in the above-captioned adversarial proceeding, reported at 73 B.R. 616 (Bankr.E.D.Pa.1987), involving another aspect of the rights of the same creditor whose status was at issue there, Louis Shrager & Sons (hereinafter referred to as “Shrager”). The present issue raised is whether a judicial lien passes unaffected...
Views: 1
76 B.R. 845 (1987) In re Al BESADE, Jr., d/b/a Besade Groves, a/k/a Alfred R. Besade, Jr., a/k/a Alfred Besade, Jr., Debtor. Bankruptcy No. 86-1184-BKC-6P1. United States Bankruptcy Court, M.D. Florida, Orlando Division. August 10, 1987. *846 Peter Koste, Miami, Fla., for debtor. Peter N. Hill, Orlando, Fla., for Complete Interiors, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEBTOR'S ...
Views: 2
OPINION AND ORDER On June 10, 1985 Ferretería Castilla, Inc. (Ferretería) filed the instant proceeding against Pedro González Seijo (González), the debtor in the captioned bankruptcy case, objecting to the dischargeability of its debt on the grounds that credit was extended through false pretenses, false representations or actual fraud, and, consequently, 11 U.S.C. § 523(a)(2)(A) barred i...
Views: 2
OPINION AND ORDER This matter is before the Court on the motion by debtors’ attorney requesting attorney’s fees in the amount of six hundred dollars ($600.00) for the work performed and to be performed in the instant Chapter 13 petition. The moving attorney states that his customary rate for Chapter 13 cases is $600.00, that said rate covers all the work to be performed related to the Cha...
Views: 2
DECISION ON TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST CHANOCH HE-NOCH ROSENBERG, ROMEX DIAMONDS CORP. AND RY DIAMOND CO., INC. The fraud that has pervaded the Candor Diamond Corp. (“Candor”) bankruptcy again surfaces, this time in an adversary proceeding in which the trustee is seeking partial summary judgment to recover fraudulent transfers from three of the four defendants (...
Views: 4
ORDER On September 16, 1986 plaintiff filed a complaint requesting an order to show cause, and alleging that the defendants had taken some property belonging to the debt- or notwithstanding the order for relief entered by the court on September 2, 1986. All the codefendants filed motions to dismiss. The plaintiff did not oppose any of the motions to dismiss. On December 12, 1986 plaintiff filed a...
Views: 0
OPINION AND ORDER This matter came before the court on July 15, 1987 for a hearing to consider the motion by Instituto Medico del Norte, Inc. to reject the contractual relations between said debtor and Dra. Queenland Morales Ruz. At the hearing the debtor presented as evidence the testimony of its administrator, Mrs. Gloria Campos Ayala. Dra. Morales did not present any evidence alleging that she...
Views: 0
MEMORANDUM OPINION At Saint Louis, in this District, this 4th day of August, 1987. This matter is before the Court on Defendant, Sears, Roebuck and Company’s Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motion was submitted to the Court on the pleadings, memoranda of law, depositions and affidavit. This lawsuit was commenced as an adversary proceedi...
Views: 2
*798 MEMORANDUM OPINION This matter arises from a Motion for Relief From Automatic Stay and an Objection to Proposed Amended Plan, both filed by Commonwealth Mortgage Company (Commonwealth). The creditor appeared by Stephanie Striffler and the debtors appeared by Kent Snyder. The debtors’ Chapter 13 plan of December 7, 1984 provided for monthly payments directly to Commonwea...
Views: 0
MEMORANDUM The trial of this contested involuntary petition was conducted on August 3, 1987. Testimony and other evidence was presented by the Petitioning Creditors and by the Alleged Debtor, and the matter was submitted to the Court. This Memorandum and companion Order are being entered after consideration of the record as a whole. The Involuntary Petition was filed at 10:05 a.m. on...
Views: 2
MEMORANDUM OF OPINION Doris Laverne Jackson (Debtor) seeks to set aside the foreclosure sale of her homestead as a fraudulent transfer under § 548(a)(2) of the Bankruptcy Code. 1 *598 Facts Security Federal Savings & Loan Association (Security Federal) held a valid perfected lien on the Debtor’s home at 2108 Seminole, Amarillo, Texas. As a result of a defaul...
Views: 0
76 B.R. 383 (1987) In re POLORON PRODUCTS OF BLOOMSBURG, INC., Debtor. POLORON PRODUCTS OF BLOOMSBURG, INC., Plaintiff, v. Dick SANDS, t/a Overhead Door Company of Berwick, Defendant. Bankruptcy No. 5-86-00767, Adv. No. 5-87-0041. United States Bankruptcy Court, M.D. Pennsylvania. July 30, 1987. *384 John H. Doran, Wilkes-Barre, Pa., for Polaron Products. Thomas A. James, Jr., Bloomsburg, Pa., fo...
Views: 2
ORDER In this Chapter 12 case, hearing on the Debtor’s Plan was held on June 9, 1987, together with objections filed by First Security Bank, the major secured creditor of the Debtor. The Bank challenges the eligibility of the Debtor as a family farmer in the context that even though the Debtor meets the definition of a family farmer at the petition date, under the facts developed at the c...
Views: 0
OPINION AND ORDER The matter pending before the Court is whether debtors have a right to recover property of the estate claimed as exempt in a Chapter 13 petition. The threshold issue is whether the Chapter 13 debtor may recover the property claimed as exempt. The debtors-plaintiffs Rafael Ortiz Vega and Catalina Vega Torres (hereinafter “debtors”) moved the Court to recover cer*859tain monies li...
Views: 0
MEMORANDUM DECISION Debtor-in-possession, KDR Building Specialties, seeks an order of this Court holding Squires-Belt Material Company in contempt for willful violation of the automatic stay. Squires-Belt resists, arguing that no violation of the stay has occurred. BACKGROUND Debtor is a subcontractor on construction jobs. Squires-Belt supplies materials to debtor. Debtor’s sche...
Views: 0
MEMORANDUM OPINION IN SUPPORT OF ORDER SUSTAINING OBJECTIONS OF TRUSTEE AND RCA SERVICE COMPANY TO DEBTOR’S CLAIM OF EXEMPTIONS This matter comes before the Court on the objections of trustee for debtor’s estate, Lionel H. Silberman, and creditor, RCA Service Company. The grounds of the objections are the same in that each objector asserts that debtor has claimed personal property with a ...
Views: 0
DECISION AND JUDGMENT DENYING DISCHARGE This matter came before the court upon the complaint of the trustee for denial of the discharge for the debtor’s failure to cooperate with the trustee in furnishing *175 information required to make a determination as to assets of the debtor. The original complaint was filed September 9, 1986 and amended on October 9, 1986 to demand rev...
Views: 0
DECISION AND ORDER Before this court is an adversary proceeding instituted by the plaintiff-debtor Robert Chandler (“Chandler” or “debtor” where appropriate) against defendant Lincoln Capital Corporation (“Lincoln”) and Michael Ira Asen (“Asen”) to determine the validity of and obtain a declaratory judgment relating to a mortgage purportedly held by Lincoln on the debtor’s home in Bellmor...
Views: 1
MEMORANDUM OPINION The dispute at bar arises upon objection to the motion of the debtor, John E. Wolf, Jr., for entry of an order authorizing execution of documents and a disbursement of funds. Wolf owned a parcel of land in Stafford County, Virginia, against which numerous trusts and liens had been recorded. Before Wolf filed his petition in bankruptcy, the Commonwealth of Virginia condemned and ...
Views: 0
SUPPLEMENTAL OPINION On June 18, 1987, we filed an Opinion and Order, reported at 74 B.R. 691, refusing to grant judgment for either party in this case on the basis of the sparse record before us. The issue presented by the case appeared to be a very close one and one addressed by little precedent, i.e., the extent to which a Chapter 11 Trustee is bound by a court-approved Stipulation entered i...
Views: 0
REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Louisiana referred all such cases t...
Views: 2
MEMORANDUM OF OPINION Facts On June 3,1975, a truck owned by Ralph Soliz (Bankrupt) and driven by his brother was involved in a collision in Albuquerque, Bernalillo County, New Mexico. As a result of the collision, the Bankrupt’s tractor and trailer were destroyed, Josephine McCauley was injured, Curtis Lee Howell was killed, and Clarence E. Blankenship’s Campus Market was damage...
Views: 0
OPINION AND ORDER This case is before the Court upon the request of Mr. José M. Torres, trustee herein, for the reimbursement of expenses incurred during the administration of the debtor’s estate. Notice was given to all creditors of the trustee’s petition for payment of expenses. No opposition was filed. Facts The expenses claimed by the trustee are divided into two basic c...
Views: 1
MEMORANDUM AND ORDER This is an action initiated by debtor’s motion to hold Margaret Jean Tweed, his former wife, in contempt for violation of the automatic stay imposed by 11 U.S.C.A. § 362(a) (West 1979 & Supp.1987). 1 By his motion, the debtor also seeks to stay contempt proceedings pending against him in the Circuit Court for Blount County, Tennessee. This is a core pr...
Views: 1
DECISION and ORDER RE ATTORNEY’S FEE FOR JACOB MYERS This is a Chapter 11 case involving a substantial retail clothing establishment doing business as Gidding-Jenny, Inc. Crucial events occurred in the business life of Gidding-Jenny in November and December, 1986. These events involved a proposed bulk sale of the business of Gidding-Jenny. Creditors found the bulk sale to be unacceptable ...
Views: 0
MEMORANDUM ON CONFIRMATION OF SECOND AMENDED PLAN OF REORGANIZATION PROPOSED BY MARK JEFFREY CALDWELL, DEBTOR IN POSSESSION This Memorandum supplements findings made by the court from the bench denying confirmation of the “Second Amended Plan Of Reorganization Filed By Mark Jeffrey Caldwell, Debtor In Possession” (Second Amended Plan). 1 Confirmation was denied upon the court’s...
Views: 1
OPINION A. INTRODUCTION Presently before us in this long-outstanding proceeding is a Motion for Class Certification by the Plaintiffs. We reject the Defendants’ principal argument that the Motion should be denied because it was not filed until the case was over four years old, holding that any unfair prejudice arising from the Plaintiffs’ delay is, for the most part, cured by our fur...
Views: 2
REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C., specifically 11 U.S.C. § 1141. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Lou...
Views: 0
DECISION and ORDER RE AUCTION PURCHASE PRICE At Cincinnati, in said District, on the 5th day of August, 1987. This Chapter 11 debtor manufactures nitrogen products for fertilizer use at several facilities in the midwest and southwest. One of these facilities, located at Pryor, Oklahoma, consists of a plant and associated pipeline. A time came when it was deemed the proper course for debtor to foll...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT In this adversary proceeding, plaintiff in its complaint alleges that it is a creditor of defendant and that defendant attended plaintiff university. The complaint alleges that defendant “promised to pay for such services and to assign to Plaintiff the anticipated proceeds of her Veterans’ Administration educational benefits.” It is alleged further that def...
Views: 0
This court is called upon to determine whether the “Amended Plan Of Reorganization Proposed By Glade Springs, Inc., Debtor In Possession,” filed on September 10, 1986, meets the confirmation requirements of 11 U.S.C.A. § 1129 (West 1979). 1 I Glade Springs, Inc. (debtor) is a Delaware corporation whose principal asset was a large resort complex situated near Beck-ley, West Vir...
Views: 0
76 B.R. 508 (1987) In re G & H STEEL SERVICE, INC., Debtor. In re WHALEN ERECTING CO. OF OHIO, INC. d/b/a Whalen Erecting Co., Inc., Debtor. In re FAIRFIELD CONSTRUCTORS, INC., Debtor. Bankruptcy Nos. 86-05169S to 86-05171S. United States Bankruptcy Court, E.D. Pennsylvania. August 18, 1987. David R. Rosenfield, Philadelphia, Pa., for original movant Anthony Do'Ambra, etc. Gary Schildhorn, Ph...
Views: 0
MEMORANDUM ON PETITION FOR CONTEMPT At issue is whether the actions of The Original Great American Chocolate Chip Cookie Company, Inc. (respondent) constitute a willful violation of the automatic stay entitling Donald Hiers (debtor) to recover damages. 11 U.S.C.A. § 362(h) (West Supp.1987). I On May 12, 1987, Michael J. O’Con-nor, an attorney, filed a Chapter 18 petition on behalf of the debtor.1 ...
Views: 0
ORDER DENYING CONFIRMATION AND CONVERTING CASE TO CHAPTER 7 Two competing chapter 11 plans were before the court for confirmation on May 5. The matter has been under advisement pending analysis of the acceptances and rejections of the two plans. I conclude that confirmation must be denied with respect to each plan for reasons discussed below, and I also conclude that the trustee’s motion (C.P. ...
Views: 0
MEMORANDUM DECISION The trustee for Domino Investments, Ltd., a debtor in this court, seeks avoidance under 11 U.S.C. § 548(a)(2), constructive fraud, of a transfer of $42,397 from the debtor to defendant made March 3, 1983, two months before bankruptcy. Although the trustee also alleged actual fraud, that allegation was abandoned at trial. Default was entered against defendant. (C.P. No....
Views: 1
DECISION ON OBJECTIONS TO APPLICATIONS FOR FEE.S Applications for final allowance were made by the trustee in bankruptcy, his counsel and by the trustee who was authorized to retain himself as special counsel to attempt to negotiate settlements in what appeared to be a no-asset bankruptcy case under the former Bankruptcy Act of 1898. The bankrupt, Isaac Silverman, had originally filed a petition f...
Views: 0
76 B.R. 605 (1987) In re the GEORGE WORTHINGTON COMPANY, Debtor. Bankruptcy No. B86-2974. United States Bankruptcy Court, N.D. Ohio, E.D. August 14, 1987. *606 *607 Alan R. Lepene, Thompson, Hine & Flory, Cleveland, Ohio, for debtor, D.I.P. William A. Hirsch, Morrison, Hecker, Curtis, Kruder and Parrish, Kansas City, Mo., Special Counsel to debtor, D.I.P. Dennis M. O'Dea, Keck, Mahin & Ca...
Views: 0
MEMORANDUM Section 55-12-106(15) of the Tennessee Financial Responsibility Act discriminates against debtors in bankruptcy in violation of 11 U.S.C. § 525(a). The following are findings of fact and conclusions of law. Bankr.R. 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(A). I. These Chapter 13 debtors were involved in unrelated prepetition automobile accidents. E...
Views: 1
MEMORANDUM DECISION The plaintiff as trustee for the individual debtor, Duque, seeks recovery from the defendant bank of $2 million under 11 U.S.C. §§ 547 and 550. Two other counts alleging a fraudulent transfer were abandoned at trial. The bank has answered and the matter was tried on June 11. This is one of 26 similar actions against various defendants filed simultaneously by this trustee. By s...
Views: 0
MEMORANDUM On September 5, 1985, plaintiff1 filed a complaint asserting that two tracts of real estate formerly owned by David A. Crab-tree (debtor) and Brenda B. Crabtree, but conveyed to plaintiff by two separate warranty deeds dated January 3, 1983, and recorded in the office of the Knox County Register of Deeds on March 21, 1983, are property of the estate of David A. Crab-*633tree.2 Plaintiff...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Applications for Interim Fees filed by the law firm of Shaw, Spangler & Roth in the total sum of $83,885.50 for fees and $4,964.29 in costs. These applications were objected to by creditors Jerry Robinson, Hart Financial Corporation and Canon National Bank. These interim fee applications were filed in Case No. 86 B 1...
Views: 0
MEMORANDUM DECISION Plaintiff, Delray Executive Square, Ltd., seeks to recover rent proceeds in the amount of $6,725 allegedly transferred to the debtor’s counsel in violation of plaintiff’s lien rights. Defendants moved for judgment on the pleadings (C.P. No. 4) asserting that as a matter of law plaintiff had no right to the rents. The matter was tried on June 30. Plaintiff claims a security inte...
Views: 0
MEMORANDUM DECISION The trustee seeks the recovery under 11 U.S.C. § 548(a)(1) or (2) and § 550 of $2.15 million transferred two days before bankruptcy by the debtor Duque to the defendant, his wife. Defendant has answered and the matter was tried on May 15. Three other counts which involved the same transaction were abandoned at trial. This is one of 26 similar actions against various defendants...
Views: 4
MEMORANDUM OPINION AND ORDER DIRECTING ANTJE MULLIKAS FILL TO PAY HER PRO-RATA SHARE OF ATTORNEYS’ FEES Antje Mullikas Fill (“Mrs. Fill”), the former wife of Dr. J. Herbert Fill, the debtor in this chapter 7 case (the “Debtor”), has requested this court to declare that she is not liable for the payment of any attorneys’ *357 fees in connection with the sale of an apartment wh...
Views: 0
*300ORDER ON OBJECTION TO PRULEASE’S AMENDED PROOF OF CLAIM Prulease, as lessor of some 700 vehicles to the debtor, Evans, under leases which date back to 1974 has filed its claim of over $2 million in these chapter 11 bankruptcy cases. By the provisions of the confirmed plan, this claim is now asserted against Asset Holding Company, the liquidating trust. It is estimated that the assets will perm...
Views: 0
MEMORANDUM OPINION This matter came before the court upon Andersen Dairy’s (Andersen) objection to confirmation of the debtor’s chapter 13 plan. The debtor was represented by Andrew Toth-Fejel and Andersen’s Dairy was represented by Elizabeth A. Trainor, of Tooze, Marshall, Shenker, Holloway & Du-den. Andersen is a creditor holding an unsecured claim. In addition, the Internal Revenue Service (IR...
Views: 0
OPINION AND ORDER Tripar Transportation, Inc. (hereinafter “Tripar”) commenced this action seeking to refer certain issues presented in plain *972 tiffs’ 1 Complaint to Recover Freight Charges to the Interstate Commerce Commission (hereinafter the ICC) under the doctrine of primary jurisdiction. The record in the present case reveals that Taynton filed a bankruptcy petition on March 29, 1...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter came on for an evidentiary hearing upon the motion of Halliburton Company (Halliburton) for appointment of an interim trustee pursuant to § 1104 of the Bankruptcy Code [11 U.S.C. § 1104]. Due notice of the hearing was made upon all parties entitled thereto. In accordance with Rule 7052 of the Bankruptcy Rules, the following constitutes the findi...
Views: 3
MEMORANDUM OPINION AND ORDER This case came for trial on July 6, 1987, on the plaintiff/debtor’s, TRS, Inc., complaint seeking to enjoin the defendant, Peterson Grain & Brokerage Company, Inc., from levying and executing on its judgment against the president of the debtor. The plaintiff appeared through counsel, Eric C. Rajala. The defendant appeared through counsel, George J. Schlagel. ...
Views: 0
MEMORANDUM DECISION ON ORDER DENYING CONFIRMATION OF PLAN Debtor has requested confirmation of its Plan of Reorganization. Two creditors and the Unsecured Creditors’ Committee objected to confirmation on various grounds. Because Debtor has failed to show the present value of its offer to Class VII claims and whether the value of the proposed shareholder’s contribution to the plan satisfie...
Views: 1
DECISION The question presented is whether interest on post-petition federal withholding, social security and unemployment taxes should be given first priority administrative expense treatment under § 503(b) of the Bankruptcy Code. 1 For reasons more fully set forth hereafter, this court answers that question in the affirmative. On May 31, 1983, Bergin Corporation (“debtor...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY In rendering this decision, we are disposing of a matter which, for no particular reason, has become one of the most dated matters before us. This Adversary proceeding was filed on March 22,1983, by the Husband-Debtor as Plaintiff, in the course of a joint Chapter 7 case filed on August 18, 1982, and except for disposition of this procee...
Views: 0
OPINION Before us is another in the parade of cases challenging the validity of a secured claim of a mortgagee with the double-edged sword of 11 U.S.C. § 506(a) and the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter referred to as “TILA”). One unique element is the Defendant: none other than the United States of America, on behalf of the Secretary of Housing and Urba...
Views: 0
ORDER The matter is before the court on a motion filed by debtors-in-possession, Ralph Leroy Carnahan and Jacqueline Sue Carnahan (“debtors”) to convert their pending chapter 11 reorganization to a proceeding under chapter 12 of the Bankruptcy Code. At the hearing on April 8, 1987, debtors and those creditors present 1 agreed no stipulation or oral testimony was necessary. They...
Views: 0
ORDER ON “PETITION” FILED BY DEBTORS TO RECOVER REFUND FROM MISSISSIPPI POWER COMPANY THIS MATTER came on for hearing on Melvin Young Morgan and Mary Alice Morgan’s Petition to recover a refund from Mississippi Power Company. After considering the “Stipulation as to Fact” and the briefs of counsels, the Court finds that the request of the Debtors' Petition is not well taken and should be denied...
Views: 0
OPINION The matter before us exemplifies the rocky road of affairs of the heart. The Plaintiff, Thomas Moribondo, Esquire (hereinafter referred to as “the Plaintiff”), filed an Adversary proceeding in which he objects to the dischargeability of an alleged debt of approximately $15,900.00, which is disputed by the Defendant-Debtor, Valerie Lane (hereinafter referred to as “the Debt- or”), ...
Views: 2
ORDER ON “AMENDED OBJECTION OR COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT, LIFTING OF AUTOMATIC STAY AND MONETARY JUDGMENT” FILED BY MERIDIAN PRODUCTION CREDIT ASSOCIATION On March 21, 1983, the Defendants, Mi-lus Wesley Hendry and Dana Diane Hen-dry, filed with this Court their petition under Chapter 11 of the Bankruptcy Code. On August 31, 1983, Meridian Production Credit Associati...
Views: 0
OPINION The instant matter is a companion piece to our recent decision in In re Young, Ford v. Fidelity Consumer Discount Co., 76 B.R. 504, (Bankr.E.D.Pa.1987). In Young we held that, irrespective of the equities in favor of an indigent consumer-debtor, a creditor was relieved from the proscriptions of 11 U.S.C. § 1327(a) in making a claim against the debtor by a cre...
Views: 4
ORDER In this Chapter 12 case, hearing on confirmation of the Debtor’s Plan was held on *262 March 24, 1987, with the Debtor present together with counsel for the Debtor, Farmers Home Administration (FHA) and Federal Land Bank of Spokane (FLB), and the Trustee. The Plan was modified on March 19, 1987, to provide for payments to FLB over a 25 year period after curing of defaul...
Views: 1
MEMORANDUM OF DECISION I. In this adversary proceeding, Neal Os-sen, the trustee in the above chapter 7 case, seeks to recover money damages from the debtor’s two corporate officers and directors. The amended complaint, containing seventeen counts, asserts causes of action based upon theories of fraudulent transfer, preference, unauthorized postpetition transfers, unauthorized use of...
Views: 0
DECISION ON DEBTOR’S MOTION FOR DETERMINATION OF PRE-PETITION LEASE DEFAULTS AND ON DAMAGES Heard on June 2, 1987, on the debtor’s request for a determination of the amount it owes for pre-petition electric charges under its lease with Industrial Factory Rentals (IFR), and for damages resulting from IFR’s decision to turn off the power to the premises occupied by the debtor. This Chapter 11 c...
Views: 1
76 B.R. 358 (1987) In re VERMONT FIBERGLASS, INC., d/b/a Pettit Pools of Rutland, Debtor. Bankruptcy No. 83-155. United States Bankruptcy Court, D. Vermont. August 10, 1987. M. Butterfield, Candon & Butterfield, Rutland, Vt., for debtor. D. Stefanik, U.S. Dept. of Justice, Washington, D.C., for the I.R.S. ORDER AND MEMORANDUM DECISION ON DEBTOR'S MOTION TO DETERMINE ALLOCATION OF PROCEEDS TO ...
Views: 1
*24MEMORANDUM OPINION Before the Court is the motion of Wells National Service Corporation (hereinafter “Wells”), seeking the enforcement of a Court Order and/or money damages resulting from Debtor’s lack of compliance therewith. Debtor responds that it had properly complied; that Wells has breached the contract by and between the parties and that Debtor merely treated the contract as terminated. ...
Views: 0
DECISION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter is before the court upon “Defendants’ Motion for Summary Judgment as to Plaintiff’s Cause of Action Alleging Willful and Malicious Injury to Crops.” In its amended complaint, plaintiff alleges that “debtros/defendants unlawfully and without authorization disposed of ... crops which were subject to a security interest he...
Views: 0
*60 MEMORANDUM OPINION Counsel for the Administratrix of the Estate of James E. Nunley, former attorney for the Debtor in Possession, has filed an application for fees requesting approval of fees and expenses incurred by her attorney in connection with the appeals of an Order of this Court allowing attorney’s fees to James E. Nunley, Esquire, to the United States District Court f...
Views: 2
MEMORANDUM OPINION Presently before the Court is a claim by Pittsburgh National Bank (hereinafter “PNB”) for administrative expense priority pursuant to 11 U.S.C. § 503. Specifically, PNB seeks a Finding by this Court that it provided a benefit to the Chapter 11 estate, by honoring a $250,000.00 check drawn on $300,000.00 of provisionally settled funds. When the originally deposited $300,...
Views: 1
MEMORANDUM OF DECISION This Chapter 12 case is before the Court upon the motions of the Federal Deposit Insurance Corporation (“FDIC”) and the Federal Land Bank of Wichita (“FLB”) to dismiss on the grounds that the debtors are not family farmers under the Bankruptcy Code. The debtors appeared by William F. Kluge III. The FDIC appeared by Anton C. Andersen. The FLB appeared by William H. Z...
Views: 1
MEMORANDUM OPINION Presently before the Court is Debtor’s Complaint To Determine Dischargeability of a student loan indebtedness to the Penn *28 sylvania Higher Education Assistance Agency (hereinafter “PHEAA”) pursuant to 11 U.S.C. § 523(a)(8)(B). Based upon the testimony presented and the applicable law, we find that the debt in question is nondis-chargeable. Plaintiff...
Views: 1
MEMORANDUM OPINION Presently before the Court is the Debt- or’s Complaint To Determine Discharge-ability of two (2) educational loans, each in the amount of $2,500.00 plus interest and fees; one is guaranteed by the Higher Education Assistance Foundation (hereinafter “HEAF”) and the other is guaranteed by the Pennsylvania Higher Education Assistance Agency (hereinafter “PHEAA”). Debtor claims t...
Views: 2
MEMORANDUM OPINION Anderson Oaks (Phase I) Limited Partnership and Anderson Oaks (Phase II) Limited Partnership each own a phase of a two-phase apartment complex on the north side of Austin, Texas. Each phase is nearly identical in size. Alamo Savings Association (“Alamo”) financed the acquisition of the properties by the current partnerships and holds a first lien mortgage on the properties. A...
Views: 4
ORDER DISMISSING CASE Debtor filed his petition under Chapter 12, Title 11 U.S.C. on May 6, 1987, and an Order For Relief was entered on said date. Pursuant to the provisions of § 1221, debtor was required to file his plan by August 5, 1987. Debtor did not do so, and as of August 25, 1987, has not yet done so. In *223 stead on August 14, 1987, debtor filed a request for an extension of time t...
Views: 2
MEMORANDUM OPINION This Chapter 12 case involves the difficult issue of whether a contract for deed, in which the Debtor is vendee, should be deemed an executory contract under Section 365 or a mortgage which can be dealt within a plan of reorganization. This issue is raised by Movant’s Motion to Dismiss Chapter 12 Proceedings, or in the Alternative, for an Order Declaring that Executory ...
Views: 2
MEMORANDUM OF FINDINGS OF FACTS AND CONCLUSIONS OF LAW SUPPORTING ORDER DISMISSING CHAPTER 7 PROCEEDINGS AS A “SUBSTANTIAL ABUSE” OF THE PROVISIONS OF THE BANKRUPTCY CODE In his schedules of monthly income and expenses which he filed with this court in conjunction with his petition for voluntary relief under chapter 7 of the Bankruptcy Code, the debtor stated that his monthly take-home in...
Views: 1
DENIAL OF CONFIRMATION This matter is before the court on May 20, 1987 for confirmation of the amended plan of reorganization filed by the debtors *640 on March 20, 1987 and the rejection and objection to the amended plan filed by Farmer’s Home Administration (FmHA), a secured creditor. The case was referred to this court in accordance with 28 U.S.C. § 1334 and is determined to be a core proc...
Views: 1
MEMORANDUM OF OPINION This matter came on for hearing on the claim of the plaintiff, Robson, Miller & Osserman, and the objection and counterclaim of defendant, D.H. Overmyer Telecasting Co., Inc. (“Telecasting”). *130 FINDINGS OF FACT I. The Background 1.1 The Telecasting Chapter 11. On February 6, 1981, Telecasting filed a petition for reorgani...
Views: 0
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on an objection to confirmation of the debtors’ Chapter 12 plan of reorganization on the ground that it does not provide for payment of the Chapter 12 Trustee’s ten percent (10%) fee on all payments in the plan, filed by Attorney Andrew J. Schmid on behalf of the United States Trustee (“Trustee”) on April 9, 1987. Speci...
Views: 0
MEMORANDUM OPINION This adversary proceeding involves a Complaint filed by an individual creditor of the above-captioned Debtor in Possession to avoid certain transfers made by the Debtor in Possession to his attorney prior to the filing of the Chapter 11 proceeding in this case. The individual creditors who have initiated the Complaint proceeding allege that they have standing to sue the...
Views: 1
FINDING AS TO DISCHARGEABILITY OF DEBT The city of Akron on December 8, 1986 filed a complaint to determine the dis-chargeability of a debt involving a collision on March 9, 1986 of a fire truck owned by the city of Akron and a vehicle driven by the debtor. The city of Akron subsequently amended its complaint on December 22, 1986. The debtor filed an answer to the complaint and filed several am...
Views: 3
MEMORANDUM OPINION Before me is the debtor’s motion to reopen a chapter 7 bankruptcy case for the purpose of initiating proceedings to avoid a judicial lien. The motion is opposed by Union National Bank and Trust Company of Souderton (“UNB”). It was submitted on the following stipulated facts: 1. Debtor, Roger E. Hope, filed a voluntary petition under chapter 7 of the Bankruptcy Code...
Views: 1
OPINION The plaintiff moves for summary judgment declaring a state court judgment non-dischargeable under § 523(a)(6) of the Bankruptcy Code (11 U.S.C. § 523(a)(6)). The plaintiff obtained the judgment against the debtor for damages caused by the debt- or’s intentional interference with the plaintiff’s contractual relations. He asserts that this state court determination establishes “will...
Views: 4
ORDER In this Chapter 12 case, hearing on the Debtors’ Chapter 12 Plan was held on June 30, 1987, together with objections to the Plan filed by Federal Deposit Insurance Corporation (FDIC) as liquidator of the First National Bank of Sheridan, Wyoming, and Farm Credit Services, formerly Federal Land Bank (FLB) of Spokane. The objections of FLB raise issues on valuation of the Debtors’ coll...
Views: 1
MEMORANDUM OF DECISION ON OBJECTION TO CLAIM I. The question presented in this proceeding is whether a creditor who has actually filed a proof of claim in a chapter 11 case *909 must refile its claim when that case is converted to one under chapter 13. II. Charles Adams, doing business as Adams Mobil, commenced a chapter 11 case on September 5, 1985. At the debtor’s request, the court, ...
Views: 0
ORDER Hearing has been held on Debtors’ Chapter 12 Plan together with objections filed by John Deere Company, First Security Bank of Bozeman, Deutz-Allis Credit Corporation, New Holland, Inc., a/k/a Sperry New Holland, Rudolph M. and Sarah Sher-ick, J.I. Case Credit Corporation, Dorn Equipment Company and First Security Bank of Idaho. Objections filed by First Security Bank of Livingston have b...
Views: 1
MEMORANDUM OPINION This case is before the Court on the Debtor’s objection to the claim of The Federal Land Bank of Columbia. After notice a hearing was held July 29, 1987 on the objection. The parties stipulated at the hearing that the amount of the debt to The Federal Land Bank of Columbia was $25,287.04 as of March 17, 1987, the date of filing, as was stated in The Federal Land Bank’s Proo...
Views: 0
MEMORANDUM DECISION AND ORDER RE: MOTION FOR REINSTATEMENT OF AUTOMATIC STAY On March 10, 1987, Debtors filed a Motion for Reinstatement of Automatic Stay and for Sanctions (“Motion for Reinstatement”). Creditor Bank of Maui, National Association (“Bank of Maui”) filed a cross Motion for Attorney’s Fees and Costs, arguing that Debtors’ motion was frivolous and filed in bad faith. A hearing was ...
Views: 0
OPINION The instant matter before the Court presents a difficult question concerning the right of an administrative claimant to interest; and, assuming that such interest is *491 payable, relatively easy questions regarding the rate of such interest and whether payment of such interest may be ordered to be made immediately, or should be deferred until the effective date of th...
Views: 1
76 B.R. 979 (1987) In re Kiku KIRILUK, Debtor. Kiku KIRILUK, Plaintiff, v. The CHESTER WATER AUTHORITY and Delcora, Defendants. Bankruptcy No. 86-04030F, Adv. No. 86-1021F. United States Bankruptcy Court, E.D. Pennsylvania. September 4, 1987. *980 Jeffrey M. Edelson, Delaware County Legal Assistance Ass'n, Chester, Pa., for debtor/plaintiff, Kiku Kiriluk. Gregg A. Parker, Blank, Rome, Comisky &am...
Views: 0
MEMORANDUM TO ORDER OF JULY 81, 1987, DISPOSING OF PLAINTIFF’S AND DEFENDANT’S CROSS-MOTIONS FOR DISMISSAL AND/OR SUMMARY JUDGMENT On July 31, 1987, this Court entered an order denying Plaintiff’s motion for dismissal without prejudice, granting Debtor’s 1 motion for summary judgment, and abstaining from Debtor’s request for awards of attorney fees and punitive damages in this ...
Views: 3
ORDER Hearing on confirmation of the Debtor’s Chapter 12 Plan was held on June 18, 1987, together with objections filed by Farm Credit Services, formerly Federal Land Bank of Spokane (FLB), and Milk River Production Credit Association (PCA). The Debtor made revisions to the Plan post-hearing and all parties in interest have submitted memorandums in support of their respective positions dealing ...
Views: 1
OPINION In this adversary proceeding, Heywood Eric Becker and Donald E. Funk have filed a motion for sanctions pursuant to Bankr. Rule 9011 against the debtor, Virginia Funk Haardt, and her counsel, Kashkashi-an & Associates (“Kashkashian”). Becker and Funk request that the court grant them in excess of $5,500.00 in attorney’s fees and costs. For the reasons set forth below, I will award ...
Views: 2
ORDER This adversary proceeding was commenced by the Plaintiff Ruth Lightner, seeking determination of dischargeability of a debt under Section 523(a)(5)(B) of the Bankruptcy Code. In particular, the Plaintiff seeks a determination that the Debtor’s assumption of a joint obligation of the parties, incurred prior to the filing of the Chapter 7 petition, was in the nature of alimony, maintenance ...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The New York State Higher Education Services Corporation (“NYSHESC”), and the State University of New York (“SUNY”), have timely filed objections to confirmation of Laura Makarchuk’s (“Debt- or”) proposed Chapter 13 plan. Both creditors contend the plan has not been proposed in “good faith”, and therefore, fails to comply...
Views: 1
MEMORANDUM OPINION A confirmation hearing on this Chapter 12 case was held in Lincoln, Nebraska, on July 7, 1987. Appearing on behalf of the debtors was Eric Wood of Dwyer, Pohren, Wood, Heavey & Grimm, Omaha, Nebraska. Appearing on behalf of creditor Business Men’s Assurance Company of America was Tom Briese of Luebs, Dowding, Beltzer, Leininger, Smith & Busick, Gra...
Views: 1
MEMORANDUM-DECISION AND ORDER Wickes Lumber, a Division of Wickes Companies, Inc. (“Wickes”), has filed its objection to confirmation of the Chapter 13 plan proposed by William A. and Morgan F. Wisner (“Debtors”) pursuant to § 1321 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”). At item 11(b) of Debtors’ Chapter 13 statement, filed along with their petition for relief on March 31,...
Views: 0
MEMORANDUM-DECISION AND ORDER Debtors filed their voluntary petition for joint relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”) on February 6, 1987. On Schedule B-2 (“Personal Property”) filed with their petition, Debtors identified a contingent, unliquidated claim of $618.00 for damages sustained to a Dodge Aspen automobile owned by them. The automobile was separatel...
Views: 0
MEMORANDUM-DECISION AND ORDER On December 22, 1986, Dan W. Sykes (“Debtor”) filed his voluntary petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”). Pursuant to New York Debtor and Creditor Law § 282 and § 283 (McKinney Supp. 1987) (“D & C Law”), and New York Civil Practice Law and Rules § 5206 (McKinney 1978 & Supp. 1987) (“CPLR”), Debtor claimed as...
Views: 0
MEMORANDUM The matter before the Court is a five-count complaint filed by DiMento & Sullivan and Henry C. Ellis, Trustee (collectively the “plaintiffs”), seeking an order denying Francis P. Tracey (the “Debtor”) a discharge. The Debtor filed a voluntary, non-business petition under Chapter 7 of the Bankruptcy Code on October 7, 1986. The plaintiffs commenced this adversary proceeding on D...
Views: 1
ORDER AND REASONS This matter came on for hearing on the motion of Breaux Bridge Bank & Trust, a secured creditor, for amendment of this Court’s cash collateral order and for adequate protection in the form of additional security. Breaux Bridge seeks to establish that the debtor’s “Collateral Assignment of Contract” in favor of another creditor, First Louisiana Federal Savings Bank, was never per...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The United States of America, acting through the Farmers Home Administration of the Department of Agriculture (“FmHA”) has moved to dismiss, with prejudice, Debtors’ voluntary bankruptcy case, filed pursuant to Chapter 11 of the, Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”). As additional relief, FmHA *385 ...
Views: 0
DECISION On December 27, 1982, the debtors filed a petition under chapter 13 of the Bankruptcy Code. Their schedules listed Waukesha County as a priority creditor for unpaid real estate taxes on their home in the amount of $933 (presumably 1981 taxes). On March 22, 1983, an order was entered confirming the debtors’ plan, which provided for 100% payment to priority creditors. Waukesha Coun...
Views: 1
MEMORANDUM OPINION This matter came on for hearing on April 16, 1987, for confirmation of the debtor’s Chapter 13 plan. Blazer Financial (hereinafter “Blazer”) objected to confirmation of the debtor’s plan because Blazer’s claim was classified as an unsecured claim. Blazer withdrew its objection to confirmation but retained its objection to classification as an unsecured claim. The debtor’s pla...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on May 11, 1987, upon the Motion to Dismiss filed by the Federal Land Bank of Omaha (the “Bank”) and the Production Credit Association of the Midlands (“PCA”). Appearing on behalf of the Bank and PCA was Terrence Michael of Omaha, Nebraska. Appearing on behalf of the Debtors was Daniel Fullner of Madison, Nebraska. Appearing on behalf of the Tr...
Views: 1
OPINION The Motion before us in the instant case raises close and provocative questions regarding the impact of claim preclusion by means of a subset of res judicata, i.e., the doctrine of merger. We hold that all of the claims arising out of a single financing transaction must be raised in single action, or they will be barred by merger. However, we do not believe that claims arising out...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Debtor seeks to avoid the judicial lien held by the Savings Bank of Utica (“Bank”) which she alleges constitutes a preferential transfer under § 547(b) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”). The following facts are not in dispute. Debtor filed her voluntary petition for relief under Chapter 13 of...
Views: 0
OPINION The Motion before us requires us to consider the proper standards to be applied in determining whether a pre-confirmation sale of virtually all of the assets of a Chapter 11 debtor should be authorized. We hold that the recent decision of the Court of Appeals in In re Abbotts Dairies of Pennsylvania, Inc., 788 F.2d 143 (3d Cir.1986), effectively overrules the prior holding of the cour...
Views: 2
MEMORANDUM AND ORDER The matter before the court is a Motion To Avoid Lien, filed May 26, 1978, by Jack-ob and Carrie Wandler (Debtors). By its motion, the Debtors seek to avoid, pursuant to section 522(f) of the Bankruptcy Code, an alleged non-possessory non-purchase money security interest in household goods and implement or tools of the trade of the Debtors, asserted by Liberty Nationa...
Views: 0
MEMORANDUM AND ORDER The matter before the court is confirmation of the Chapter 11 plan of Jackob and Carrie Wandler (Debtors). The Debtors filed for Chapter 11 relief March 19, 1984. The First Modification Of Debtors’ Plan Of Reorganization presently before the court was filed April 22,1987. All creditors have agreed to accept the plan except Liberty National Bank of Dickinson (Liberty Nationa...
Views: 0
OPINION We are herein considering together Motions filed under 11 U.S.C. § 1112(b) in these separate and quite distinct bankruptcy cases because the legal issues which they present are quite similar, and when considered together, they illustrate the parameters of the considerations which we believe that we must make in deciding such Motions. We believe that, generally, the moving party ha...
Views: 2
MEMORANDUM DECISION The trustee for the debtor Domino Investments, Ltd. seeks recovery under 11 U.S.C. §§ 548(a)(2) and 550(a)(1) of $172,114 paid by the debtor to defendant during the year preceding bankruptcy. Default was entered when defendant failed to answer. (C.P. No. 8). Defendant answered a week later (C.P. No. 9) and moved for a trial continuance. (C.P. No. 9a). The continuance w...
Views: 0
MEMORANDUM OF DECISION This matter came before the Court for a second pre-trial hearing on the complaint filed by Forestwood Farm, Inc. (hereinafter the Plaintiff). 1 At the hearing, the Court heard arguments on various motions to dismiss for lack of jurisdiction. 2 After consideration of the applicable law, it is the opinion of this Court that the motions to dismiss...
Views: 1
ORDER ON FEE APPLICATIONS A final meeting of creditors was held July 28 and three fee applications are before the court; C.P. Nos. 90, 143 and 144 filed by the trustee and his attorney. *953 History of the Case A voluntary chapter 11 petition was filed for this debtor in November 1983. The debtor operated a restaurant on premises owned by it. It had no other significant asset. The deb...
Views: 0
MEMORANDUM AND DECISION This is an application to have a debt excepted from discharge pursuant to 11 U.S.C. § 523(a)(4). The issue is whether an officer of a corporate debtor-in-possession, who authorizes the sale of secured inventory to an entity that uses the sale price as offset against the corporation, incurs a debt to the secured creditor that is non-dis-chargeable in the officer’s p...
Views: 0
MEMORANDUM OF DECISION The above-styled cases came before the Court for confirmation of the debtors’ proposed Chapter 13 plans of reorganization. At the Confirmation Hearings, a question was raised as to the secured status of certain lenders who held security interests in the debtors’ mobile home homesteads. After consideration of the Alabama Supreme Court’s decision in First Alabama Bank of Dotha...
Views: 0
*415 DECISION ON RELATED MOTIONS SEEKING DETERMINATION OF ATTORNEY FEES PURSUANT TO 11 U.S.C. § 506(b) This is a contested matter concerning three related motions. Max and Lena Dwosh (“Dwoshes”), secured creditors, seek a determination of the value of their secured claim and an award of attorney fees under Section 506(b) of the Bankruptcy Code (“Code”). An application for an allowance of atto...
Views: 1
MEMORANDUM DECISION The trustee seeks recovery of $1.43 million from defendant under 11 U.S.C. §§ 548(a)(2) and 550(a)(2) as a constructively fraudulent transfer. The trustee abandoned his remaining two counts at trial. Defendant has answered and the matter was tried May 21. This is one of 26 similar actions against various defendants filed simultaneously by this trustee. By stipulation between t...
Views: 1
*779 MEMORANDUM OF DECISION I. INTRODUCTION This adversary proceeding raises the issue of whether the interception of a debt- or’s tax refund and its application to back child support obligations, by state and federal authorities who had notice of this pending Chapter 13 case, constitutes a willful violation of the automatic stay, such that attorneys fees should be awarded t...
Views: 2
MEMORANDUM OPINION AND ORDER This matter is before the court on the trustee’s complaint against Susan Ament to vacate property at 37 Dorsey Lane, Bear, Delaware. The trustee also asks that Susan’s claimed exemptions be reduced by $3,600 to compensate the bankruptcy estate for rental for the time she remained in the property after filing her petition. Subsequent to the filing of the trustee’s co...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT DIRECTING TURNOVER OF ESCROW FUND The trustee of the Chapter 7 debtor, Joseph L. DeLancey, has moved for an order granting summary judgment with respect to his adversary action for the turnover of a fund of approximately $46,000 held in escrow by the Juniata Valley Bank (the “Bank”) pursuant to state court proceedings in the Commonwealth of Pennsylvania. Th...
Views: 0
ORDER ON EMERGENCY MOTION TO DISMISS AND TO IMPOSE SANCTIONS PURSUANT TO B.R. 9011 THE MATTER under consideration in this Chapter 11 case is an Emergency Motion to Dismiss and to Impose Sanctions Pursuant to B.R. 9011, filed by Richard Griffith and Yvonne Griffith (Griffiths), creditors in the above-captioned case. The Griffiths seek an order from this Court dismissing the above-captioned...
Views: 3
MEMORANDUM OF DECISION AND ORDER The Federal Land Bank of Wichita is an oversecured creditor and debtors propose to pay the value of its claim over a 15 year period. This court previously determined that the discount factor to be paid FLB pursuant to 11 U.S.C. § 1225(a)(5)(B)(ii) is to equal its cost to obtain replacement funds for a term equal to that proposed in the plan plus a reasonable ris...
Views: 1
MEMORANDUM DECISION The trustee for Domino Investments, Ltd., an offshore corporation, seeks avoidance and recovery under 11 U.S.C. §§ 548(a)(2) and 550(a)(1) of $176,410 transferred to defendant in a series of payments during the year before Domino’s bankruptcy. Defendant has answered and the matter was tried June 11. This is one of 26 similar actions against various defendants file...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 11 case commenced on July 15, 1987, by a voluntary petition filed by Hamlin’s Landing Joint Venture (Debtor). The matters under consideration are a Motion for Adequate Protection filed by Freedom Federal Savings & Loan Association (Freedom) and Motions to Authorize Use of Cash Collateral and to Fix Salaries of O...
Views: 0
MEMORANDUM-DECISION AND ORDER The Trustee has objected to a claimed exemption of the debtor, Linda Marie Lau-terbach (“Debtor”). The matter was heard on March 23, 1987, at which time Debtor’s counsel was given the opportunity to submit a memorandum of law supporting the claim to the disputed exemption. Debtor’s counsel did not avail himself of this opportunity. Debtor filed her volun...
Views: 0
DECISION AND ORDER RE: CRAM-DOWN-PCA In this Chapter 11 case, an amended plan was filed and a hearing on confirmation thereof was held April 21, 1986. There were objections to the amended plan, as well as a number of non-accepting classes. Debtor subsequently filed a second amended plan which it represented to the court contained consensual agreements with the several objectors and non-acceptor...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for trial before the Court on June 1, 1987. The plaintiff was represented by Sam G. Bratton, II, John J. Carwile, and Richard H. Foster, of Doer-ner, Stuart, Saunders, Daniel & Anderson, Tulsa, Oklahoma; the defendants were represented by William E. Rutledge and Tony W. Haynie, of Conner & Winters, Tulsa, Oklahoma, and Hal F. Mor...
Views: 0
OPINION AND ORDER This case came before the Court on April 10, 1987 for a hearing to consider the confirmation of a sale by the Chapter 7 trustee. At the hearing, the Court was informed of a contested matter pending before the court which concerned a lease contract which the trustee was proposing to sell. The Court took both matters under advisement and now proceeds to enter the following...
Views: 2
OPINION AND ORDER This matter is before the court on debt- or’s motion to reopen the instant case pursuant to 11 U.S.C. § 350 in order to avoid a judicial lien entered by the Superior Court of Puerto Rico, Carolina Part, in case number 80-3509. On December 19, 1986 the court held a hearing and both parties, debt- or and creditor Rebeca Ojeda, argued on whether the court should reopen the bankruptc...
Views: 0
OPINION AND ORDER On January 22, 1986 the debtor herein filed a petition under Chapter 13, Title 11, United States Code. The case came before the Court on November 25, 1986 for a hearing on confirmation. The trustee objected to the plan because it did not meet the liquidation value test and because it discriminated unfairly against unsecured creditors. The Court allowed the trustee and de...
Views: 0
MEMORANDUM OPINION ON COMPLAINT OBJECTING TO DISCHARGE AND TO DETERMINE DISCHARGEABILITY OF DEBT STATEMENT OF THE CASE On April 24, 1985, John W. Brinsfield, d/b/a South East Sales Company, Inc. and Atlas Products Company, Defendant, filed a petition for relief under Chapter 7 of the Bankruptcy Code. On June 29, 1985, Farmers and Merchants Bank of Eatonton, Georgia, Plaintiff, filed ...
Views: 4
ORDER ON MOTION TO DETERMINE SECURED STATUS The matters under consideration in this Chapter 11 case are a Motion to Determine Secured Status and a Motion to Determine the Value of the Collateral. The Motions are filed by the Sellas Corporation d/b/a Don’s Ornamental Iron (Debtor) and by Dominic Ficarrotta (Ficarrotta) who claims to be a secured creditor. The Court has considered the Motions, toge...
Views: 0
OPINION RE SCOPE OF REMOVAL I. INTRODUCTION This adversary proceeding was removed to this Court from Los Angeles County Superior Court by the debtor Princess Louise Corporation (“Princess Louise”). The debtor has brought a motion for the determination of whether all of the proceedings in superior court have been removed to this Court, or only a portion thereof. The Court holds t...
Views: 4
MEMORANDUM OF DECISION ON MOTION TO STRIKE I BACKGROUND On November 9, 1984, the Attorney General of the State of New York (“Attorney General”) commenced a complaint against John DeFelice in the Supreme Court of the State of New York, County of St. Lawrence, seeking injunctive relief, restitution, damages and costs under New York Executive Law § 63(12). In that action the Attorn...
Views: 3
ORDER DENYING MOTION TO COMPEL PAYMENT OF RENTS A creditor, American Savings Bank, seeks an order compelling the payment of rents collected from the debtor’s property upon which it holds a first mortgage and a collateral assignment of leases and rentals. *304 Movant seeks relief against either the chapter 11 trustee, Delray Executive Square or the debtor, whichever party has possession of ren...
Views: 1
ORDER DENYING CONFIRMATION This debtor’s chapter 13 plan provides monthly payments of $125 for three years to the trustee which amounts to 26% payment of his unsecured creditors without interest. There are 11 unsecured creditors including three disputed accounts for which no value is stated and, therefore, are not considered in the foregoing estimated distribution. In his disclosure of his in...
Views: 2
ORDER DETERMINING TAX LIABILITY The IRS has filed a claim for $65,499 as penalties for the late filing of Form 941, the Employer’s Quarterly Federal Tax Return, for the last three quarters in 1985 and the first quarter in 1986. The debtor, *968 under 11 U.S.C. § 505(a), has objected to the claim contending that the four returns were filed on time. (C.P. No. 39(a)). The amount of the penalty, ...
Views: 1
OPINION The debtor, Richard T. Herbst, Jr. (the “Debtor”), and his co-defendants, Dixie Anna Herbst (“Dixie”) and Richard T. Herbst, Sr. (“Herbst”), move under Federal Rule of Civil Procedure 12(b)(6) (as incorporated by Bankruptcy Rule 7012) to dismiss the complaint of Charles N. Tapper (“Tapper”) for failure to state a claim upon which relief may be granted. Tapper moves for summary jud...
Views: 0
MEMORANDUM OPINION AND ORDER The United States on behalf of the Farmers Home Administration (FmHA) has filed a complaint seeking a declaratory judgment and an order of distribution regarding proceeds from the sale of 34.3 acres and a lot by the trustee in the Chapter 11 bankruptcy case of Marvin and Doris Thompson (Thompsons). The undisputed facts of this case are as follows: The Thompsons obtaine...
Views: 0
ORDER This matter is before the court on its own Order To Show Cause issued sua sponte on June 8, 1987, directing the Debt- or to appear and show cause why his Chapter 7 petition should not be dismissed pursuant to the substantial abuse provisions of section 707(b) of the Bankruptcy Code. In lieu of a hearing the Debtor has, at his option, elected to respond by affidavit and brief submitted J...
Views: 4
MEMORANDUM AND DECISION This is an adversary proceeding to recover the fair value of a radio broadcast license. The license was valued by the parties at Thirty-Two Thousand Five Hundred Dollars ($32,500). Four Score Broadcasting, Inc. (“the Debtor”) operated a radio station out of Brockport, New York. On May 17, 1983, the Debtor filed for reorganization under Chapter 11 of the Bankru...
Views: 3
MEMORANDUM OF DECISION ON MOTION FOR DETERMINATION OF PRIORITIES I. The dispositive issue presented by the trustee’s motion to determine priorities in *375 proceeds resulting from a sale of estate property is the appropriate method of valuation of the various assets sold. The following background is based upon the case file and an evidentiary hearing held on May 22, 1987...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT The above-styled adversary proceeding is before the Court on the trustee’s complaint to avoid the interest of the defendant, Kensington Mortgage and Finance Company (Kensington), in and to certain property of the debtors, pursuant to 11 U.S.C. § 544. The parties filed cross-motions for summary judgment which c...
Views: 0
ORDER ON MOTION TO DISMISS SECOND AMENDED COMPLAINT THIS CAUSE came on for hearing upon the Motion to Dismiss Second Amended Complaint filed by John Herman Mancini (Mancini), the Defendant in the above-captioned adversary proceeding. The adversary proceeding was initiated by First Federal Savings and Loan Association of Largo (First Federal) who seeks a determination from this Court that ...
Views: 0
This Chapter 7 case came on before the undersigned United States Bankruptcy Judge at Mankato, Minnesota, on March 24,1987, upon Debtor's motion for an order dismissing this case. Debtor appeared by his attorney, Cyril J. Bernardy. No appearance was made or on behalf of the Chapter 7 Trustee or any other party in interest. Upon the motion, a post-hearing supporting affidavit, and all the other f...
Views: 3
MEMORANDUM OPINION AND ORDER Sherry L. Jones has claimed property totaling $5,408 as exempt in her Chapter 7 *380bankruptcy case.. The Trustee has objected to this claim contending that 10 Del.C. § 4914 limits the exemption to $5,000. Ms. Jones contends that she is entitled to claim not only $5,000 but also those state exemptions which existed prior to the enactment of § 4914, namely 10 DelC. §§ 3...
Views: 0
MEMORANDUM OPINION AND ORDER On July 30, 1985, approximately two years after filing a Chapter 11 case, Phoenix Steel Corporation sued Rittenhouse Organization to recover an alleged preference of $50,625. Following discovery, pre-trial conference and several rescheduled trial dates, the court, on request of counsel, permitted the parties to submit a stipulation of facts (Doc. # 17) in lieu...
Views: 2
MEMORANDUM OP OPINION These Adversary Proceedings concern the Trustee-in-Bankruptcy’s challenge to unrecorded assignments of interests in oil and gas leases. PACTS J. Lynn Jones (Debtor) started brokering oil and gas leases in 1976. A pattern soon developed where he would acquire a lease in the name of Unitas, Inc., a wholly-owned corporation. It would then be assigned to J. Lyn...
Views: 0
OPINION JURY TRIALS AND PREFERENCE ACTIONS Each of the above adversary proceedings is an action brought by the trustee to recover an alleged preferential transfer pursuant to 11 U.S.C. § 547(b). In each, the defendants have filed demands for a jury trial. The trustee has moved to strike these demands. The trustee argues that all of the defendants have either consented to the Bankrupt...
Views: 2
MEMORANDUM OPINION AND ORDER Two motions are before the court in the Chapter 11 bankruptcy case of Julia Young. The first is Young’s motion to reject an executory contract entered into by her with William D. Jones and Patricia Smith-Jones (Joneses). The second is a motion by the Joneses to dismiss Young’s Chapter 11 case. The following facts are not disputed. Young entered into an ag...
Views: 0
MEMORANDUM OPINION This Chapter 12 proceeding came on for hearing July 23, 1987 on confirmation. Substantial objections were made by Fay-ette Land Co., Centerre Bank and Commerce Bank. Those creditors, jointly and severally, raised three main objections. Initially, they assert that debtors do not *715 qualify for Chapter 12 because less than 80% of the scheduled indebtedness was farm oriented...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Motion for Approval of Settlement Agreement with Frederick S. Todman & Company, et al, and the Trustee’s Agreement with Bevill, Bressler & Schulman, Inc. and Brevill, Bressler & Schulman Asset Management Corporation Trustees. Objections to the settlement were filed by claimants Charles A. and Mary L. McKen-ny,...
Views: 4
MEMORANDUM OPINION AND ORDER This cause comes before the Court on the Objection of Trustee to the Claim of Ther-modyn Corporation. A Hearing was held on this matter, at which time the parties agreed that the issue presented was solely a question of law. Accordingly, counsel filed their arguments on the relevancy and application of O.R.C. § 1333.31 to the instant case. The Court has reviewed the w...
Views: 0
DECISION DETERMINING DEBTS TO BE DISCHARGEABLE, AND ORDER Heard on May 22, 1987, on complaints filed by Josephine S. Hansen, Leah E. Milli-as, and Doris M. Gibson, who seek a determination of nondischargeability of debts allegedly owed to them by the debtor, Richard Drayman, pursuant to 11 U.S.C. § 523(a)(2)(A). 1 The three complaints had been ordered consolidated previously, and so we heard ...
Views: 3
MEMORANDUM DECISION This matter is before the court on an objection to claim filed by the debtor, Nea-tex, and parties in interest, Mr. and Mrs. Richard Lewien (hereinafter “Neatex”). The claim objected to is held by Lawrence and Marie Remus. Their proof of claim was filed July 20, 1987, and indicates that their $166,048.93 claim is secured and is evidenced by a promissory note, security ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on a Motion for Relief from Stay filed by Federal Land Bank of Louisville (hereinafter “F.L.B.”) and Objections thereto by the Debtor in Possession (hereinafter “D-IP”). This case was originally filed as a Chapter 12, but was converted to a Chapter 11 on June 30, 1987 at the request of the D-I-P. A Hearing was held on this mat...
Views: 0
MEMORANDUM OPINION AND ORDER The United States on behalf of the Veterans Administration (V.A.) has moved for relief from the automatic stay and abandonment of the real estate securing the obligation owed to it by the debtors Jeffrey and Nanette Benson (Bensons). The V.A. also has filed an objection to confirmation of the debtors’ plan. Because the basis of the V.A.’s motion and its objection is...
Views: 0
ORDER Before the court are motions for review of debtors’ attorneys’ fees in five Chapter 13 cases, to wit: Richard Steven Pair, Michael M. Young, Arthur Frank Cockrell, Walter and Lucenda Shealey, and William Dean Daughtry. Paul C. Parker & Associates represent each of the debtors in these respective cases. It was brought to the court’s attention by one of the subject debtors that c...
Views: 2
MEMORANDUM OPINION This is an action for Declaratory Judgment filed by this Chapter 11 Debtor against one of his creditors, United States of America, acting on behalf of the Farmers Home Administration, hereinafter sometimes referred to as “the Creditor.” The issue has to do with entitlement to rents and interest thereon, the rents having been paid to the Debtor in Possession on property, a por...
Views: 0
MEMORANDUM OPINION This is a motion for the entry of a nunc 'pro tunc order of employment. On or around August 24, 1986, a complaint was filed by the Attorney General of the State of Michigan against A.J. Obie and Associates, Inc. and Diamond Mortgage Corporation seeking, inter alia, the appointment of a temporary receiver to take possession and marshal all of t...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came before the Court on the plaintiff’s Complaint for An Injunction pursuant to 11 U.S.C. § 105(a) filed on April 24, 1987. Incorporated within that complaint was a request for a temporary restraining order pursuant to Bankruptcy Rule 7065, together with plaintiff’s request for a temporary and permanent injunction pursuant to Section 105(a). The Court...
Views: 5
OPINION The instant Motion to Dismiss the Debt- or’s Chapter 13 case, filed by THE KIS-SELL COMPANY, the Debtor’s residential mortgagee (referred to hereinafter as “the Mortgagee”), causes us to consider the circumstances in which we believe that it is proper to dismiss a case on the ground that the Debtor has made overly-repetitive multiple bankruptcy case filings. We believe that Congre...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT O.P. Held, Inc. (“Debtor”) filed a voluntary petition for relief under Title 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (“Code”) on March 13, 1987. On April 7, 1987, Ronald E. Campion (“Campion”), a receiver appointed in a state court mortgage foreclosure action instituted by the Bank of U...
Views: 1
MEMORANDUM OPINION I. This matter is before the Court following trial on the adversary proceeding complaint filed by Roger Rinke Cadillac, Inc., a creditor, against Wilbur J. Castonguay, the debtor, pursuant to 11 U.S.C. § 523(a)(2). Rinke contends that a debt incurred by Castonguay as a result of his fraud in submitting a false odometer mileage statement is non-dischargeable. Castonguay de...
Views: 1
OPINION AND ORDER This case is before the Court on the motion by Efectos Litografíeos, C.A., (Efec-tos) requesting the Court to quantify its claim 1. The matter has been submitted to the Court upon the legal memoranda filed by Efectos and the debtor in possession since both parties have agreed that the relevant facts to this controversy are not in dispute. The threshold issue to be decided by thi...
Views: 0
OPINION AND ORDER This case came before the Court on June 17, 1987 for a hearing to consider the motion to dismiss filed by the Banco Popular de Puerto Rico (BPPR). BPPR alleges that the debtor herein has failed to file monthly reports of operations, is not making regular payments to secured creditors, is incurring in delay prejudicial to creditors and is experiencing a continuous diminut...
Views: 0
OPINION AND ORDER This case came before the Court on March 31, 1987 for a hearing to consider the propriety of the consignment by the debtor of rental payments in favor of Chrysler San Juan, Inc., and debtor’s objection to proof of claim number 20 filed by Chrysler San Juan, Inc. (Chrysler). After being fully advised on the premises the Court entered a bench ruling denying debt- or’s obje...
Views: 1
MEMORANDUM OF OPINION AND ORDER The matter before the Court is a motion of the Trustee for an order directing the Debtors to turnover certain funds pursuant to 11 U.S.C. §§ 541 and 542. A hearing was held, with due notice having been made upon all parties entitled thereto. Pursuant to Rule 7052 of the Bankruptcy Rules, the following constitutes the findings of this Court: I This...
Views: 0
*915 MEMORANDUM-DECISION AND ORDER The Official Creditors’ Committee of Debtor (“Committee”) seeks reimbursement of expenses incurred by the individual members during the period September, 1985 through December, 1986. The expenses total $9,101.70, and were incurred by the Chairman of the Committee and nine individual members. As the Committee has observed in its application,...
Views: 0
MEMORANDUM OPINION This adversary proceeding was initiated by Lyndon Watson and wife, Michelle Watson, J.W. Smith and Eddie Chew on or about December 13, 1985, complaining of John G. Buhay, (“Debtor” or “Defendant”) and seeking to determine dischargeability of debt pursuant to 11 U.S.C: § 523(a)(4). The Court having considered the evidence presented to it makes the following findings of f...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court for emergency hearing on September 14, 1987 on a Motion to Extend Stay filed by the Debtor. At the hearing, Florida National Bank (“Florida National”) and WNO, Inc. filed a Motion For Relief From the Automatic Stay involving the same factual and legal issues raised in the Debtor’s motion. By consent of the Debtor, Fl...
Views: 0
MEMORANDUM AND ORDER This matter is before the Court on plaintiffs’ Complaint to Determine Discharge-ability of Debts. On or about December 3, 1981, plaintiffs and defendant entered into an agreement, pursuant to which defendant was to build a single family residence for plaintiffs. Plaintiffs subsequently sued defendant in state court for breach of contract and for violations of the Illi...
Views: 2
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE EXTENT OF LIEN. STATEMENT OF CASE On May 30,1984, Howard M. Williamson, Plaintiff, filed a petition for relief under Chapter 7 of the Bankruptcy Code. William Joseph Lucas, Defendant, a judgment creditor of Plaintiff, holds a judgment lien in the amount of $60,000. The lien is entered on the General Execution Docket of Bleckley County, Georgia. On June...
Views: 0
MEMORANDUM OF OPINION AND ORDER The movant, Mary Cardwell (Cardwell), is a judgment creditor in the above-styled case and seeks revocation of the Court’s order confirming the Debtor’s plan. Upon due notice made on all parties entitled thereto, an evidentiary hearing was held. In reaching a determination of this matter, the Court has examined the related pleadings, the entirety of the Debtor’s f...
Views: 1
MEMORANDUM OPINION The matter before the court is the confirmation of the debtors in possession’s chapter 11 plan of reorganization. Objections to the plan were filed by Central Carolina Bank & Trust Company, N.A. (“CCB”) and by The Federal Land Bank of Columbia (“FLB”). The confirmation hearing was held in Raleigh, North Carolina, on July 21, 1987. CCB claimed an administrative expe...
Views: 0
ENTRY ON AMENDED APPLICATION FOR VALUATION Part One I. Introduction: Procedural History Wabash Valley Power Association, Inc. (“Wabash”), filed its first plan of reorganization on September 10, 1985, and its first Application for Valuation on November 5, 1985. The first application requested this Court to determine the extent of the secured claims of the creditors holdi...
Views: 0
MEMORANDUM OPINION This matter presents for the court’s determination the question of the status of a claim filed by the debtor on behalf of the Internal Revenue Service, to which the trustee has objected, and more particularly the question of whether or not the debtor’s filing of said claim on behalf of the IRS was done “within a reasonable time” as that phrase has been used by courts pertaini...
Views: 1
OPINION AND ORDER The controversy before this Court is whether the continuation of a state court proceeding for collection of alimony by the debtor’s estranged wife is a violation to the automatic stay pursuant to Section 362(a) of the Bankruptcy Code, Title 11, United *369 States Code, or if the same is excepted by Section 362(b)(2). On December 17, 1986, debtor Gustavo...
Views: 0
MEMORANDUM AND ORDER ALLOWING PROOF OF CLAIM The Debtor, Roger Paul Ward (“Ward”), filed a petition under Chapter 13 of the Bankruptcy Code on February 19, 1985. Ward is licensed as a chiropractor by the Nevada State Board of Chiropractic Examiners under Chapter 634 of the Nevada Revised Statutes. The Nevada State Department of Taxation (“Department”) filed a proof of claim in the amount of $18,46...
Views: 0
ORDER DENYING APPLICATION TO CONVERT TO CHAPTER 13 The debtor, Gerald Walker, filed a petition for relief under chapter 11 of the Bankruptcy Code on August 16, 1985. On September 17,1986 Walker voluntarily converted the case to a chapter 7 pursuant to 11 U.S.C. section 1112. On April 10, 1987 Walker filed an application to convert to a chapter 13. Several creditors of Walker have obj...
Views: 1
OPINION Section 1301(a) of the Bankruptcy Code provides that, in certain situations, creditors are stayed from collection efforts against individuals who are not in bankruptcy and who are co-obligors on debts owed by a chapter 13 debtors. 1 Section 1301(c) enumerates three grounds for relief from the stay. The prior Bankruptcy Act contained no provision comparable to section 13...
Views: 1
MEMORANDUM DECISION Plaintiff, Harry Gordon, brought the instant adversary proceeding against the bankruptcy trustee, Berkeley Bunker, and the trustee’s bonding company. The complaint alleged that Gordon had not received the full disbursement he was entitled to pursuant to a previous order of this Court approving the allowance of administrative claims. The facts giving rise to the dispute are...
Views: 2
OPINION Before us is the “Trustee's Motion for Order Disallowing Debtor’s Exemption Claim” which is, for obvious reasons, opposed by the Debtor in what the Debtor filed as a “no asset” Chapter 7 bankruptcy. It appears that the Debtor, Jane Sidebot-ham a/k/a Jane Foley (hereinafter referred to as “the Debtor”), has attempted to exempt the entire proceeds, if any, which she hopes to receive...
Views: 1
ORDER ALLOWING AND ESTABLISHING CLAIM OF IRS Louis George Barbier and Ruth Dean Barbier (“Debtors”) filed for relief under Chapter 13 of the Bankruptcy Code on August 15, 1986. On September 19, 1986 the IRS filed a proof of claim in the amount of $59,364.82, listing pre-petition taxes and the interest on those taxes as an unsecured priority claim. A penalty on those taxes in the amount of...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY Plaintiffs in dischargeability cases before us have generally fallen into two categories: (1) Large corporations (usually loan companies) or institutions; 1 (2) Close friends 2 or associates 3 . The former usually have a financial motive for their actions; the latter typically do not, but maintain such ac...
Views: 0
MEMORANDUM OF DECISION I. Before the court is the motion of Ford Motor Credit Company (FMCC) for relief from the automatic stay imposed by § 362(a) of the Bankruptcy Reform Act of 1978 (Code). FMCC seeks modification of the stay in order to enforce its alleged rights under a security agreement covering a Ford automobile registered in the name of R & S Machine Company, the debtor in possession (de...
Views: 0
OPINION In this chapter 13 bankruptcy case, the Commonwealth of Pennsylvania, Department of Public Welfare (“DPW”) has filed a proof of claim through which it asserts a right to receive reimbursement for public assistance benefits provided to the debtors and, therefore, a right to share pro rata in the distribution to be made to unsecured creditors under the debtors’ chapter 13 plan. The ...
Views: 1
MEMORANDUM AND ORDER ESTABLISHING CLAIM The Debtor, N & T ASSOCIATES, INC. (“Debtor”), filed a petition under Chapter 11 of the Bankruptcy Code on February 9, 1984. The primary asset of the Debtor is property commonly known as the Aladdin Hotel & Casino. On January 30, 1987 the Culinary Workers Union Local 226 (“Union”) filed an application on behalf of William Prentiss, a union member an...
Views: 0
MEMORANDUM DECISION AND ORDER PARTIALLY ALLOWING ADMINISTRATIVE CLAIM The Debtor corporation, All Star Sports, Inc., filed a petition for relief under Chapter 11 of the Bankruptcy Code on February 8,1984. On February 7, 1985 the case was converted to a Chapter 7. On November 10, 1986 Gilbert Manderscheid, an officer of the Debtor, filed a proof of claim against the estate in the amount of...
Views: 0
MEMORANDUM OPINION This case involves a hotly-contested proposed assignment and assumption of a commercial lease under § 365 of the Bankruptcy Code. The issue presently requiring immediate decision is whether a landlord’s contractual right of first refusal regarding any assignment of the lease is enforceable in face of the provisions of § 365(f)(1) of the Code. Remarkably, there appears t...
Views: 0
OPINION This case deals with the scope of 11 U.S.C. § 525(b) 1 . § 525 is the anti-discrimination provision of the Bankruptcy Code. Because of comparisons made by this court between subsections (a) and (b) of § 525 in *679 its analysis, the statute is set forth in its entirety in the footnote below. 2 Madison Madison International of Illinois, P.C. (“p...
Views: 1
MEMORANDUM OPINION This adversary proceeding comes before me on remand from the district court. Plaintiff Homemakers, Inc. (Homemakers) commenced the action in the bankruptcy court requesting that the debtor’s discharge be denied under 11 U.S.C. § 727 and that the court determine that the debtor’s obligation to Homemakers be excepted from discharge pursuant to 11 U.S.C. § 523. On July 25, 1986,...
Views: 1
OPINION On August 19, 1987, the debtors filed separate petitions for reorganization under Chapter 11 of the United States Bankruptcy Code. This Court, on the date of the filing, entered an order calling for the joint administration of the above two debtors’ estates. Island Shipping Lines Ltd. (ISL) is principally engaged in the shipping business on the island of Guam, and operates tw...
Views: 0
MEMORANDUM OPINION These matters arise upon each plaintiff’s allegation that the debt owed him by the debtor, Robert A. Dishaw (“Dishaw”) is nondischargeable under various provisions of the Bankruptcy Reform Act of 1978 11 U.S.C. §§ 101-151326 (“the Code”). Plaintiff Max L. Guthrie (“Guthrie”) bases his claim of nondischargeability on sections 523(a)(2)(A) and (B) of the Code, while United Virg...
Views: 1
ORDER ON MOTION FOR REHEARING This cause came on to be heard on August 20, 1987 upon the motion for partial rehearing or in the alternative, motion for clarification filed by City Federal Savings and Loan Association, f/k/a City Federal Savings Bank, and filed with the Clerk on July 17, 1987. This case was filed on May 12, 1987 and relief ordered. City Federal moved for stay relief a...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came on to be heard on the complaint of St. Mary’s Church of Amsterdam, New York against Joseph Córtese, Jr. Trial was held in Fort Lauderdale on Monday, July 27, 1987. The church alleges that it entered into a contract with Joseph Córtese, Jr. to restore its organ and that Mr. Córtese falsely represented that he needed money to pay for parts. The ...
Views: 0
MEMORANDUM ORDER GRANTING PETITION UNDER 11 U.S.C. § 304 Dr. Alfonso Trujillo Bustamante, Superintendent of Banks of the Republic of Ecuador as Liquidator of Banco de Descuento (“Petitioner”) has filed a Petition under 11 U.S.C. § 304 for relief ancillary to a foreign administration. The petition is opposed only by Respondent First Palm Beach International Bank, now known as First Nationa...
Views: 0
MEMORANDUM DECISION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS Bay Clubs International, Inc. (BCI) filed an adversary complaint against J.C. Investors, Ltd. (debtor) seeking recission, money damages, and set off for fraudulent representations resulting in breach of a settlement agreement under which BCI purchased both the lease to operate the Jockey Club and certain personal property used in ...
Views: 0
ORDER ENTERING PERMANENT INJUNCTION This matter came before the court on July 29, 1987 upon the debtor’s complaint seeking to enjoin action in violation of the discharge provisions of 11 U.S.C. §§ 524 and 727. The court after having heard the arguments of counsel and reviewing the cases cited by counsel, holds the defendant, Bank South, N.A., be permanently enjoined from continuing its re...
Views: 0
OPINION In the course of a previous Opinion of July 1, 1987, in the instant case, at 75 B.R. 593, 599 (Bankr.E.D.Pa.1987), and in another previous Opinion, In re Crompton, 73 B.R. 800, 807 (Bankr.E.D.Pa.1987), we posited that the discount or interest rate to be applied on claims on which payments were deferred in the respective Debtors’ Chapter 13 Plans, to meet the requirement...
Views: 1
*955ORDER FINDING INTERNAL REVENUE SERVICE IN CIVIL CONTEMPT The Court, having conducted a hearing on April 15, 1987, which hearing was concluded on June 24, 1987, on Debtors’ Amended Motion for Civil Contempt against the Internal Revenue Service, at which time the testimony of the witnesses and documents were received into evidence, hereby issues the following Order based on the Findings of Fact ...
Views: 0
MEMORANDUM OPINION AND ORDER This matter came for hearing on April 2, 1987, on “Objection of Logan Farmers Union Cooperative Association to Homestead Exemption” and on “Debtor’s Application to Avoid Lien of Logan Farmers Union Cooperative Association.” The creditor, Logan Farmers Union Cooperative Association, appeared by counsel, James L. Bush. The debtor, Roger Gail Sprick, appeared in ...
Views: 1
ORDER OF CIVIL CONTEMPT This cause came on to be heard on July 28, 1987, upon the motion of debtor to hold a secured creditor, Fleet Mortgage Corporation, in contempt of court for willful violation, pursuant to 11 U.S.C. § 362. It is undisputed that Fleet Mortgage Corporation filed a mortgage foreclosure action in Circuit Court against debtor after the filing of debtor’s petition for relief and wi...
Views: 0
ORDER FINDING CIVIL CONTEMPT This matter came before the court on July 6, 1987, upon the motion of David James Locasico, pro se, charging civil contempt against Lake Clarke Motors. David James Locasico, in proper person, filed his petition for relief under chapter 7, on June 9,1987. The Clerk’s stamp indicates it was filed at 2:51 p.m. The debtor testified under oath that he called Lake Clarke ...
Views: 0
ORDER ADJUDICATING JULES KRAS-NER AND HOSKINS MOTOR TREND LEASING TO BE IN CONTEMPT, PROVIDING FOR SANCTIONS TO BE IMPOSED SUBJECT TO PURGING BY COMPLIANCE WITH COURT RULING On July 22, 1987 a hearing was held pursuant to the order entered July 16, 1987 requiring Jules Krasner and Motor Trend Leasing to show cause why they should not be held in contempt and sanctioned accordingly by reason of thei...
Views: 0
MEMORANDUM OF OPINION CONCERNING DEBTORS’ MOTION TO AVOID LIENS Daniel Weaver and Beverly Weaver (Debtors) seek to set aside liens held by ITT Financial Services (ITT) on their exempt property. FACTS The facts of this case are not disputed. On February 11, 1986, the Debtors borrowed $2,512.50 from ITT. The projected finance charge was $733.20. As a condition for lending money to...
Views: 1
MEMORANDUM OPINION AND ORDER GRANTING DEBTOR’S MOTION TO TEMPORARILY ENJOIN SUIT PURSUANT TO 28 U.S.C. § 959 The Center for the Media Arts, debtor and debtor-in-possession (“Debtor”) in this chapter 11 proceeding, asks us to stay pursuant to 28 U.S.C. § 959(a) the commencement and prosecution of a post-petition copyright infringement suit by Harry Hirsh, a creditor of the Debtor (“Hirsh”)...
Views: 0
MEMORANDUM DECISION ON MOTION BY SOUTH FLORIDA GUN-ITE, INC. TO DECLARE COUNTERCLAIM A “PROOF OF CLAIM” TIMELY FILED This court has before it a motion by South Florida Gunite, Inc. to declare its counterclaim, filed prior to this bankruptcy in a State Court action and removed to the Bankruptcy Court upon application by the trustee, a timely-filed proof of claim. A hearing on this matter was hel...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court on March 25, 1987, May 6, 1987 and July 22, 1987 for evidentiary hearings to determine the dollar value of GENERAL MOTORS CORPORATION’S (hereinafter “GM”) collateral in accordance with the Final Judgment entered by this court on June 9, 1986 and the Court has been fully advised in the premises. The Court has determined the fo...
Views: 3
*297 MEMORANDUM OPINION AND ORDER This matter came for hearing on June 17, 1987, on the United States’ motion to reconsider order denying its motion for distribution of funds representing interest from proceeds from the sale of grain. The United States appeared through Robert A. Olsen, Assistant United States Attorney. The trustee of Bucyrus Grain, James S. Willis, appeared pro s...
Views: 0
ORDER AND MEMORANDUM OPINION THIS MATTER came on to be heard upon the motion for summary judgment filed herein by the defendant, Mark Frederick. The complaint filed by the plaintiff is for a determination of the dischargeability of a debt pursuant to Section 523(a)(2) of the Bankruptcy Code. Upon a review of the record herein and pre-trial stipulation of the parties, the Court makes the following ...
Views: 0
MEMORANDUM First Valley Savings and Loan Association filed a motion to terminate the employment of Carlos Smith and his law firm as attorneys for the debtor-in-possession. The motion was heard on July 8, 1987. The court makes the following findings of fact based on the entire record. The debtor filed its chapter 11 petition on March 23, 1987. A list of creditors was filed with the pe...
Views: 1
MEMORANDUM Before filing this Chapter 13 case, the debtor breached a residential lease provision regulating the personal conduct of tenants. That non-monetary default is curable under 11 U.S.C. § 365(b)(1) and the debtor has offered adequate assurance of future performance of the lease. The following constitute findings of fact and conclusions of law. Bankr.R. 7052. This is a core pr...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on Tuesday, June 9, 1987, upon the Complaint of Creditors, Nely Morales and Olga Costa, against the Debtor, Julio C. Codias, to determine the dischargeability of a debt pursuant to 11 U.S.C. Section 523(a)(4), and the Court having considered the stipulated facts, examined the evidence presented, considered the arg...
Views: 1
The debtor in this bankruptcy case was convicted of criminal trespass and negligent burning of a house and florist shop owned by the defendant, Mrs. Lewis. As a condition of his probation, the debtor was ordered to pay restitution in the amount of $5,000. The debtor brought this suit against the state and Mrs. Lewis to determine whether his bankruptcy relieved him of the duty to pay the restitu...
Views: 2
MEMORANDUM The trustee in bankruptcy has moved for partial summary judgment. The main question is a question of law. *160The defendant, Walker, was building an apartment complex. Walker let a contract to the debtor to do the plumbing work. They agreed that Walker would withhold 10 percent from the payments due the debt- or. Walker withheld 10 percent from what it owed the debtor. Walker did not d...
Views: 0
MEMORANDUM The trustee in bankruptcy in the case of Melissa Turner' seeks to avoid the lien of Traders National Bank (Traders) on real property owned by Mrs. Turner. The facts are as follows. Mrs. Turner and her husband, Charles N. Turner, were the joint owners of a house and land located in Winchester, Tennessee. Mr. Turner was president of First Bank & Trust Company of Tracy City, ...
Views: 0
MEMORANDUM AND OPINION This matter comes before the Court on the Trustee’s objection to Roland M. Vo-gel’s (the “Debtor’s”) exemption claims. This is a core proceeding under 28 U.S.C. *193 § 157(b)(2)(B) as a matter relating to exemptions and 28 U.S.C. § 157(b)(2)(A) and (O) as a matter involving the determination of property of the estate. The facts are fairly simple. T...
Views: 1
MEMORANDUM OPINION This matter is before the Court on the filing by Johnston-Willis, Ltd. (“Johnston-Willis”) of objections to the debtor’s claimed exemption and motion requesting abandonment of property by the Trustee. After a hearing and upon the filing of briefs by counsel, this Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT John Walter Du...
Views: 1
ORDER ON MOTION TO DISMISS THIS CAUSE was heard on the Motion to Dismiss Petition for Relief Under Chapter 13 filed by Walter T. Parker, Jr., the holder of a mortgage on a parcel of real property owned by the debtor and her husband. The Court, having considered the motion, the pleadings filed in this case and having heard argument of counsel, makes the following findings of fact and conclusions of...
Views: 0
The question before the court is whether to confirm the debtors’ chapter 13 plan over the objection of Credithrift, the holder of a nonpriority unsecured claim. If this were a liquidation case under chapter 7 of the Bankruptcy Code, there would be no payment on nonpriority unsecured claims since the debtors do not have any lien free property over and above their exemptions. Credithrift wou...
Views: 0
MEMORANDUM AND ORDER Sitting by Designation. This matter comes before the Court upon Plaintiff’s Complaint To Determine Dis-*830chargeability of debt incurred for accounting fees. The facts of the case are not complicated and in large measure they are subject to a stipulation by the parties. FACTS The Plaintiff employed the Defendant as her bookkeeper in her real estate sales and management busin...
Views: 0
The question before the court is whether to vacate a default judgment for $113,000 entered against the defendants, Mr. Robertson and Mr. Cole, in favor of the plaintiff, the bankruptcy trustee in the case of Asphalt Paving Contractors Equipment Company (the bankrupt). The bankrupt filed a bankruptcy liquidation case in December, 1978. C. Kenneth Still was immediately appointed receiver and later w...
Views: 0
MEMORANDUM OPINION AND ORDER ON CREDITOR’S MOTION TO LIFT STAY THIS MATTER came on to be heard upon the motion of Craig Hall and Hall & Hall, P.A. (Hall) for relief from the automatic stay of Section 362 of the Bankruptcy Code. Hall seeks relief in order to commence state court litigation against the debtor Kaufman. Hall alleges that on January 13, 1983, Betty Boyette, as guardian for her son, Jo...
Views: 1
*305 OPINION THIS MATTER having come on to be heard on March 2,1987, upon the complaint objecting to dischargeability and the Court having reviewed the evidence herein, finds as follows: The marriage between these parties was dissolved on January 3, 1986, and that dissolution incorporates the Marital Settlement Agreement, which primarily deals with a division of property. In the Marital S...
Views: 0
MEMORANDUM ■ The trustee in bankruptcy in the case of Chattanooga Wholesale Antiques (the debt- or) brought this suit against Rossville Bank (the bank) to recover payments the debtor made to the bank before the debtor filed its bankruptcy petition and afterward. The court held for the bank as to all the payments. The trustee has now filed a motion to reconsider, to amend, to make additional findi...
Views: 1
MEMORANDUM OPINION The issue in this case is whether a successful claimant under the trust provisions of the Perishable Agricultural Commodities Act, as amended, 7 U.S.C. § 499e(c)(2) (“PACA”), is entitled to prejudgment interest on its trust claim and reasonable attorney’s fees for prosecuting a lawsuit to enforce its rights under the trust. For the reasons set forth below, I hold that s...
Views: 3
MEMORANDUM While the debtors were in an earlier, chapter 13 case, the Internal Revenue Service determined that they owed additional income tax for years before they filed the chapter 13 case and for years during the chapter 13 case. The debtors paid some of the additional tax under their chapter 13 plan. After they completed the plan and received a discharge, the IRS informed them that it...
Views: 1
MEMORANDUM At 5:40 P.M. on August 6, 1987, the Applicant, CLARK, LADNER, FORTEN-BAUGH & YOUNG (hereinafter referred to as “Clark Ladner”), counsel for the Official Creditors’ Committee in the above-entitled matter, filed a Motion asking that we reconsider our Order of July 27, 1987, awarding $43,061.75 compensation for services and $475.00 reimbursement for expenses to Clark Ladner. The A...
Views: 1
ORDER ON MOTION TO AVOID LIENS IMPAIRING DEBTOR’S EXEMPTIONS THIS CAUSE came on to be heard after notice upon the Motion to Avoid Liens Impairing Debtor’s Exemptions filed by the Debtor herein, MARTIN E. WASHOFSKY, and the Court, having considered the Motion, and the arguments raised by the creditors ATLANTIC NATIONAL BANK OF FLORIDA and SUN BANK OF FLORIDA, FINDS AND DECIDES AS FOLLOWS: 1. T...
Views: 0
OPINION The Plaintiffs in this proceeding and Debtors in this bankruptcy case, SYED and *411 ATIA ZAIDI, (hereinafter referred to as “the Debtors”), filed the instant adversarial Complaint seeking declaratory and injunc-tive relief, as well as judicial review of a final decision of the United States Department of Housing and Urban Development (hereinafter referred to as “HUD”...
Views: 0
DECISION DENYING MOTION OF ITT FINANCIAL SERVICES AND ORDERING OTHER MATTERS This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to. this court by the order of reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O). The matter is before the court on the Motion (Doc. 20) of ITT Financial Servi...
Views: 0
The court must decide whether the debt- or in bankruptcy (Phillips) or Middle Tennessee Industrial Development Association (MTIDA) was owner of some garment industry equipment at the time Phillips filed her bankruptcy petition. The parties have *649 agreed that if Phillips owned the property at the time of her bankruptcy then the trustee is entitled to the money, since MTI-DA did n...
Views: 0
MEMORANDUM OPINION On February 24, 1987, Union National Bank and Trust Company (UNB) and Uni-vest Mortgage Company (Univest) filed a motion to enforce a settlement agreement entered in open court on June 13, 1986. Supporting the motion is the trustee, Herbert Brener. A hearing on the motion was held on March 25,1987, March 30,1987 and April 3, 1987. A brief recitation of the backgrou...
Views: 0
OPINION ON MOTION TO ENFORCE ARBITRATION AWARD AND TO CLASSIFY CLAIMS AS UNSECURED FACTS AND ISSUES The debtor, E.A. Nord, was a party to a collective bargaining agreement with LPIW Local 1054 which expired in June of 1983, at which time Nord ceased making contributions to the Western Council LPIW-Timber Operators Council Pension Fund (the Fund). Thereafter the Fund assessed a withdrawal liab...
Views: 2
MEMORANDUM The matter before the Court is the Amended Complaint of Extel Corporation (“Extel”). Extel obtained a default judgment against the Debtor, Gary L. Conley (“Conley” or the “Debtor”) in February of 1986 in Harris County, Texas in the amount of $88,486.03 plus costs and attorneys’ fees. Extel now seeks a determination that obligations incurred by Anset Systems Corporation (“Anset”) and gu...
Views: 1
ORDER GRANTING DEBTOR’S MOTION FOR AUTHORITY TO USE CASH COLLATERAL UPON GRANT OF ADEQUATE PROTECTION This matter is before the Court on the debtor’s motion for authority to use cash collateral upon a grant of adequate protection. The United States of America, acting through the Farmers Home Administration (“FmHA”), filed an opposition to the debt- or’s motion. A hearing on the motion and...
Views: 0
ORDER DENYING MOTION TO DISMISS This matter is before the Court on a motion to dismiss filed by Frank M. Pees, the standing Chapter 13 trustee, and the debtors’ memorandum in opposition. I. Statement of Facts The record before the Court discloses that debtors filed their petition under Chapter 13 of the Bankruptcy Code on December 2, 1981. Debtors’ Chapter 13 Plan, filed on Dece...
Views: 2
MEMORANDUM OPINION ON MOTION TO CONVERT CHAPTER 11 CASE TO A CASE UNDER CHAPTER 12 The primary issue in this case is whether this Court may convert a Chapter 11 case pending on November 26, 1986, the effective date of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, to a case under Chapter 12 of the Bankruptcy Code. The case was filed October 7, 1986 to p...
Views: 0
FINDINGS OF. FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on the 1st day of September, 1987 upon the Complaint of Gui L.P. Govaert, Trustee for declaratory relief pursuant to Rule 7001(9), to determine validity, priority or extent of an interest pursuant to § 541 of the Bankruptcy Code and for turnover under § 542 of the Bankruptcy Code, the Court having heard the testi...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on cross Motions for Summary Judgment filed by the debtor, Hatfields & McCoys, Inc., the plaintiff herein, and Mid-State Federal Savings & Loan Association (Mid-State). The parties agree that there is no dispute as to the facts concerning the transactions between them. The only issue to be resolved by the Court is that: where Mi...
Views: 0
ORDER DENYING FEDERAL LAND BANK OF LOUISVILLE’S MOTION FOR TERMINATION OF THE AUTOMATIC STAY AND/OR FOR ABANDONMENT OF REAL ESTATE AND/OR FOR AN ORDER CONTROLLING THE USE OF THE REAL ESTATE This case arises under 28 U.S.C. § 1334(b) and, having been referred to this *845 Court, is determined to be a core proceeding under 28 U.S.C. § 157(b)(2)(G). This matter is before the Court upon the Motio...
Views: 1
ORDER DENYING MOTIONS REQUESTING AUTHORIZATION TO GRANT SUPERPRIORITY LIEN AND TURNOYER/USE OF CASH COLLATERAL This matter is before the Court on two motions filed by Stacy Farms, a Chapter 12 partnership debtor and debtor-in-possession. The first motion, captioned “Motion for Order Authorizing Borrowing of Interim Funds to Initiate Crop Plantings and Granting Dime Bank Super Priority Upon All ...
Views: 0
ORDER GRANTING MOTION SEEKING ABANDONMENT AND FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, FOR ADEQUATE PROTECTION This matter is before the Court upon the motion filed by Katz Management Group, Inc. (“KMG”), seeking relief from stay and abandonment, and the opposing memorandum filed by the debtor, Planned Systems, Inc., (hereinafter referred to as “debtor” or “PSI”). KMG’s motion came on...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY The instant matter, which we consider to be, in substance, a Motion for relief from the automatic stay in the form of an Adversary proceeding, presents a difficult issue of determining whether and on what grounds a former employer is entitled to seek to enforce a state court decree upholding a pre-petition restrictive employment-contract...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the motion of American Express Company (American Express) seeking relief from the automatic stay provisions of 11 U.S.C. § 362. Upon notice to all parties entitled thereto, a hearing was held. For the reasons set forth herein, said motion is denied. Pursuant to 28 U.S.C. § 157, this matter is a core proceeding, and ...
Views: 0
MEMORANDUM OF DECISION GRANTING SUMMARY JUDGMENT TO DEBTORS I. INTRODUCTION This adversary proceeding raises the issue of whether the enforcement of a non-dischargeability judgment by levying on the debtors’ bank account violates the automatic stay in a case under Chapter 7 of the Bankruptcy Code, where the creditor has not sought relief from stay and the automatic stay is still in f...
Views: 1
ORDER DENYING MOTION FOR RULE 60(b) RECONSIDERATION OF ORDER REGARDING MOTION TO DISMISS CHAPTER 11 PROCEEDING AND ORDER DISMISSING CHAPTER 11 PROCEEDING On May 26, 1987, the United States of America (“United States”) on behalf of the Internal Revenue Service filed a Motion to Dismiss Chapter 11 Proceeding (“Motion to Dismiss”). A hearing was held on June 19, 1987, at which time this Cour...
Views: 0
MEMORANDUM AND OPINION JURISDICTION This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F), (K), and (0). FACTS A.J. Obie and Associates, Inc. (“Obie”) is a licensed mortgage broker. Diamond *197 Mortgage Corporation of Illinois (“Diamond”) made loans to consumer debtors secured by mortgages on the borrowers’ homes. In order- to provide funds for Diamon...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came for hearing on April 21, 1987, on debtors’ motion for determination of secured status of Boatmen’s First National Bank of Kansas City (hereinafter “the Bank”). The debtors appeared by and through counsel, Kristen G. Stroehmann. The Bank appeared by and through counsel, Charles Ball. FACTS The facts in this case are not in dispute. Th...
Views: 0
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The plaintiff, by David P. Olson, has initiated this adversary proceeding pursuant to 11 U.S.C. § 523(a)(4) and Bankruptcy Rule 4007 alleging that an obligation owed by the debtor should be excepted from discharge and declared non-dischargeable. The debtor appears by Terrence R. Spaeth and has moved to dismiss this proceeding for not ...
Views: 0
MEMORANDUM AND ORDER RE: Trustee’s Claim of Preference The Trustee has filed a complaint claiming that a payment by the debtor to the Defendant in the amount of $191,777.27 constituted a preference which is avoidable under the provisions of Bankruptcy Code § 547(b). On the basis of the evidence and the arguments of counsel the Court makes the following Findings of Fact, Conclusions o...
Views: 4
*218 MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Jerry Shepler (debtor) by Alan D. Moel-ler, has filed a motion to avoid liens on certain office equipment, including an IBM computer, pursuant to 11 U.S.C. § 522(f) and Bankruptcy Rule 4003(d). The Bank of Holmen (Bank) appears by Daniel R. Freund and objects to the motion. Telephonic hearings were held in this matter on Februa...
Views: 0
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Emily Garton (plaintiff), by Michael G. Trewin and Terrence J. Byrne, has initiated this adversary proceeding pursuant to 11 U.S.C. § 523(a) and Bankruptcy Rule 4007 seeking to except a debt from discharge. The debtor appears by Michael M. Rajek and contests the complaint. A trial was scheduled in this proceeding on April 15, 19...
Views: 1
MEMORANDUM OPINION This matter came to be heard upon creditor Home Federal Savings and Loan Association’s motion to dismiss the debtors’ chapter 13 case. Michael G. Cowgill of Albany, Oregon, appeared for Home Federal Savings and Loan Association. Eric Haws of Eugene, Oregon, represented the debtors. The issue before the court is whether a debtor’s eligibility under 11 U.S.C. § 109 i...
Views: 1
OPINION The Motions brought before us by Ger-mantown Savings Bank (hereinafter referred to as “the Bank”), in the instant relatively large Chapter 11 bankruptcy case involving a chain of retail women’s shoe stores cause us to consider the rather complex interplay among various sections of the Bankruptcy Code on the attempt of a bank to “administratively freeze” funds de *427 ...
Views: 2
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on an objection to confirmation of the debtors’ Chapter 12 plan of reorganization on the ground that it does not comply with 11 U.S.C. § 1225(a)(5). Specifically, secured creditor Norwest Bank South Dakota, N.A. (“Norwest”), contends that the debtors may not transfer certain real property to Norwest in payment of the va...
Views: 0
INTRODUCTION This matter is before the Court on the motion of the debtor to permit assignment of all the debtor’s interest in a contract for deed with Powder House Lodge, Ltd. The contract for deed states that the vendor-seller (Powder House Lodge, Ltd.) will consent to an assignment of the contract for deed, provided the vendee-purchaser (debt- or) pays an assumption fee of four percent o...
Views: 1
MEMORANDUM AND ORDER Presented by the debtor for consideration in this reopened Chapter 7 proceeding are four separate motions. They are as follows: 1. Debtor’s Motion to Convert to Case under Chapter 11 2. Motion to Vacate Order of 6/12/85 Terminating Automatic Stay and to Set Aside Foreclosure and Sheriff’s Sale 3. Motion to Avoid Liens Impairing Debtor’s Exemptions ...
Views: 1
ORDER DENYING MOTIONS TO REOPEN CASE AND TO AVOID LIEN The debtors’ motions under 11 U.S.C. § 350(b) to reopen their case in order to avoid a judicial lien under § 522(f)(1) were heard on September 4. This case was closed on March 27, 1987 and the motion to reopen was filed five months later. Lien avoidance may be sought by motion. B.R. 4003(d). No deadline is fixed either by statute or by rule fo...
Views: 0
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This cause comes on to be considered by motion of defendant, I.R.S., for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and by memo-randa of the I.R.S. filed May 4, 1987 and June 1, 1987 in support of the motion, and by memoranda of plaintiffs, Dewey Lee Franklin and Shirley Franklin, of counsel, filed May 8, 1987 and Jun...
Views: 0
ORDER ON CLAIMS DEEMED FILED IN CHAPTER 11 This chapter 11 case was converted to chapter 7 in October 1986. The post-conversion Order provided that: “February 18, 1987, is fixed as the last date for filing proofs of claims. All claims filed in the Chapter 11 case shall be deemed filed in the Chapter 7 case. There is no requirement that proofs of claims be refiled.” With respect only to clai...
Views: 1
ORDER CONVERTING CASE TO CHAPTER 7 At a hearing held August 25 for approval of debtor’s disclosure statement, a creditor’s motion for dismissal (C.P. No. 25a) was also before the court. 1 The debtor did not controvert or respond to the creditor’s motion. The court approved the disclosure statement as to form, expressing concern as to the substance of the debtor’s plan. The motion was taken un...
Views: 0
MEMORANDUM DECISION The Liquidating Committee, created by a confirmed chapter 11 plan, seeks recovery of $281,018 as a preferential transfer under 11 U.S.C. §§ 547 and 550. Defendant has answered and the matter was tried on July 30. The facts are not in dispute. Defendant concedes that a prima facie case has been proved, but asserts four affirmative defenses: lack of standing, the st...
Views: 0
MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION TO DISQUALIFY PLAINTIFFS’ COUNSEL This cause comes before the Court upon the motion of Defendant Nine West Division, Inc. (“Debtor”) to disqualify the law firm of Holleb & Coff and its attorneys from representing William Orsi (“Orsi”) and Seven West Division, Inc. (“Seven *188 West”) (collectively, the “Plaintiffs”) in both t...
Views: 0
OPINION A. INTRODUCTION We herein consider a Motion by the ex-wife of the Debtor and her counsel to dismiss the Debtor’s Chapter 13 bankruptcy case, basically on the grounds of his purported lack of “good faith,” and a Motion by the Debtor to compel a state family court judge (or more properly, the family court) to turn over to him certain funds held by the Court in connection with a...
Views: 0
MEMORANDUM OPINION This case requires me to determine whether a student loan is dischargeable pursuant to 11 U.S.C. § 523(a)(8)(B) because it will impose “undue hardship” on the debtor. Based on the evidence before me, I conclude that it is dischargeable. FINDINGS OF FACT 1. In 1985, the debtor, Richard Alliger, obtained a $2,500.00 student loan for the purpose of attending grad...
Views: 2
Memorandum of Decision This matter comes before the court pursuant to a stipulated set of facts. The parties have agreed that the matter shall be tried on the facts as filed on June 12, 1987, which are stipulated to be all of the facts upon which the case shall be tried. The facts in this case are very simple and completely undisputed. Prior to bankruptcy, plaintiff Sears sold the debtors a b...
Views: 0
OPINION The instant case presents the difficult and recurring issue of how a claim of reimbursement for past welfare benefits provided to a debtor by the Commonwealth of Pennsylvania, Department of Public Welfare (hereinafter referred to as “DPW”), is to be treated and evaluated in a Chapter 13 bankruptcy case. Following the recent Opinion of our brother, the Honorable Bruce Fox, in ...
Views: 2
MEMORANDUM OPINION AND ORDER We now consider a motion for change of venue filed by United Bank of Colorado Springs, N.A. 1 (“movant”) and opposed by Wood Family Interests, Ltd., (“debtor”) the chapter 11 debtor. The parties have briefed this issue subsequent to the September 22, 1987 hearing on the motion. We find that movant has met its burden of proof 2 that transf...
Views: 0
MEMORANDUM The matters before the Court are the fee applications of Choate, Hall & Stewart and Hale and Dorr. I Section 330(a) of the Bankruptcy Code provides that an attorney is entitled to reasonable compensation for actual, necessary services based on the nature, the extent, and the value of such services, and the cost of comparable services outside of bankruptcy, as well as ...
Views: 1
DECISION AND ORDER OVERRULING THE OBJECTION BY THE INTERNAL REVENUE SERVICE TO ARTICLE III OF THE TRUSTEE’S PLAN OF REORGANIZATION Heard on the objection of the United States, on behalf of the Internal Revenue Service (IRS), to that portion of the Chapter 11 trustee’s plan of reorganization which seeks to designate the manner in which IRS should apply plan payments to prepetition tax liabi...
Views: 0
MEMORANDUM AND DECISION This Motion and Cross-Motion require the Court to harmonize several provisions of 11 U.S.C. § 365 in deciding the treatment which should be given two commercial leasing agreements. At stake is the use and possession of real property in which Dial-A-Tire, Inc. (the “Debtor”), holds interests as both lessee and subles-sor. The property is owned by Mr. Alvin Russell (...
Views: 1
ORDER ON CLAIM NO. 502 (MCJV LEASES A AND B TO MCLP) Claim No. 502 was filed two years ago by Miami Center Joint Venture against the debtor, Miami Center Limited Partnership (hereafter “lessor” and “lessee”) for $14,-417,679. It is based upon two May 1981 leases of furnishings, fixtures and equipment specifically purchased to equip the *794 lessee/debtor’s luxury hotel. ...
Views: 2
DECISION AND ORDER DENYING FIRST TRUST COMPANY’S MOTION TO DISMISS Heard on July 6, 1987, on the debtor’s objection to the motion of First Trust Company 1 of Saint Paul, Minnesota, a creditor, to dismiss the case pursuant to 11 U.S.C. §§ 105 and 707(a). First Trust argues that the debtor’s case was not filed in good faith. In its motion First Trust alleges that the debtor ...
Views: 0
MEMORANDUM OPINION In this proceeding the Court must determine whether two admittedly preferential transfers may be partially excepted from avoidance under either section 547(c)(2) or section 547(c)(4). Additionally, the Court also must consider whether the plaintiff (“Trustee”) should be allowed to amend his complaint to conform to the evidence, pursuant to Fed.R.Civ.P. 15(b), as made applicable...
Views: 0
DECISION & ORDER The court has before it an objection by a Chapter 7 trustee to the claimed exemption by the debtors of funds in an Individual Retirement Account (“IRA”). Resolution of the issue involves interpretation of New York state law insofar as it was enacted pursuant to Congress’ invitation to the states in § 522(b)(1) of the Bankruptcy Code (the “Code”) to offer its domi-cil...
Views: 0
76 B.R. 254 (1987) In re Anita Marguerite LANCIAUX, Debtor. REALTY DATA, INC., Plaintiff, v. Anita Marguerite LANCIAUX, Defendant/Third Party Plaintiff, v. Henri R. LANCIAUX and Michele T. Lanciaux, Third Party Defendants/Fourth Party Plaintiffs, v. COMMONWEALTH LAND TITLE & INSURANCE COMPANY, Fourth Party Defendant. Bankruptcy No. 8600428, Adv. No. 860110. United States Bankruptcy Court, D. ...
Views: 1
MEMORANDUM OF OPINION CONCERNING DEBTORS’ CLAIM OF RURAL HOMESTEAD This case concerns the Debtors’ right to exempt two tracts of land as rural homestead in this bankruptcy proceeding. Facts On February 27, 1986, Fred Herbert Brown and Juanita D. Brown (Debtors) filed for relief under Chapter 11 of the Bankruptcy Code. The Debtors claimed three tracts of land as rural homestead. One tract ...
Views: 0
ORDER DENYING MOTION FOR NEW TRIAL The trustee filed a timely motion for a new trial in this adversary proceeding. The motion was heard August 18, 1987. Upon consideration of the motion and the arguments and representations of counsel, the court concludes that the judgment of the court should stand except as it may be affected by this order. The decision in this adversary proceeding is augmented i...
Views: 0
DECISION ON MOTION FOR RELIEF FROM THE STAY OR FOR ABSTENTION The movant, Plaquemines Parish Government (“PPG”), seeks to modify the automatic stay imposed under 11 U.S.C. § 362(a) or for abstention pursuant to 28 U.S.C. § 1334(c) in order to permit PPG to proceed with litigation which it previously commenced in the state court in Louisiana for the purpose of obtaining a judgment dissolvi...
Views: 2
*358 ORDER This case is before the Court on a motion for relief from the automatic stay and for other relief filed July 1, 1987. Movant-landlord, General Hospitals of Humana, Inc., d/b/a Humana Hospital-Newnan (“Humana”), seeks relief from the automatic stay and a declaration that the lease between it and debtor-tenant, Robert M. Hampton (“Hampton”), has terminated. This Court held a hearing ...
Views: 0
ORDER Heard on the trustee’s motion to compel the debtor-in-possession to file its Chapter 11 report. The trustee’s motion was granted on April 30, 1987, and the debtor-in-possession was ordered to file its Chapter 11 report forthwith. Having been historically uncooperative throughout the pendency of this case, through its principal Robert J. Marshall, the debtor-in-possession was warned that sanc...
Views: 0
REASONS FOR DECISION This is an adversary proceeding filed by the Debtor against Hibernia Bank and the Sheriff of East Baton Rouge Parish. The plaintiff seeks damages for trespass, defamation, business interruption, and wrongful seizure in connection with the foreclosure on property belonging to the Debt- or; the foreclosure took place before the bankruptcy petition was filed and virtuall...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on June 8, 1987, upon the Federal Deposit Insurance Corporation’s objection to the Chapter 13 plan filed by debtors, Dan Bruce Slagle and Beth Ellen Slagle. The FDIC is the *571 receiver for the Bank of Taylor. Appearing on behalf of the FDIC was James Shepard of Omaha, Nebraska. Appearing on behalf of the debtors was John Th...
Views: 0
Plaintiff in this adversary proceeding is the trustee in the related bankruptcy case. Defendant is the debtor in that case. This is a core proceeding pursuant to 28 U.S.C. § 157 (a)(2). In his complaint, plaintiff seeks a turnover of certain real estate commissions earned by defendant, contending that they are property of the estate within the meaning of 11 U.S.C. § 541. Defendant contests the ri...
Views: 1
ORDER OVERRULING TRUSTEE’S OBJECTION TO CLAIM OF CHICK’S TIRE SALES INC. THIS CAUSE, having come on to be heard before me for an evidentiary hearing on May 4, 1987, with the Court having taken testimony, heard argument of counsel and having been fully advised in the premises, it is hereupon ORDERED AND ADJUDGED: FINDINGS OF FACT 1. Chick’s Tire Sales, Inc., was listed on the Debtor’s orig...
Views: 1
MEMORANDUM DECISION This matter came on to be heard on August 7, 1986 upon the debtor, Uiterwyk Corporation, objection to a proof of claim filed by Thurmond Supply Company, Inc., in the amount of $5,136.22. The debtor is a corporation that acts as general agent for a number of different shipowners. One of those owners is a company called Uiterwyk Lines, Ltd. Throughout the period fro...
Views: 0
MEMORANDUM DECISION This matter came before the court on June 15, 1987, upon the claimant, Metropolitan Life Insurance Company’s (hereinafter referred to as “Metropolitan”), application for leave to file a late proof of claim, pursuant to Bankr.Rules 3003(c) and 9006(b)(1). On or about November 1, 1982, the debt- or entered into a group health insurance contract with Metropolitan. As...
Views: 2
MEMORANDUM OF OPINION CONCERNING DEBTORS’ CHAPTER 12 PLAN On May 20, 1987 the Court held a hearing to determine if the Debtors’ plan proposed under Chapter 12 of the Bankruptcy Code 1 could be confirmed. At the conclusion of the hearing, the Court determined that the Plan could not be confirmed as proposed, but could be confirmed if it were modified in certain respects. The Debtors agreed to ...
Views: 0
MEMORANDUM AND OPINION Seven motions and a complaint covering preliminary, interrelated questions in this involuntary chapter 11 are before this Court 1 : 1) The Motion of Bishop for Declaration of Termination of (equipment lease and sales/service agreement) Agreements (“Bishop’s motion for termination”) is denied; 2) The Debtor’s Motion pursuant to 11 ...
Views: 3
MEMORANDUM OPINION AND ORDER This matter is before the Court on the creditor’s motion to modify the debtors’ Chapter 13 plan and the debtor’s motion for summary judgment. On the basis of the following facts and conclusions of law, the creditor’s motion will be denied and the debtor’s motion will be granted. On December 23, 1985, John and Brenda Chancellor (“debtors”) filed a petition for reli...
Views: 1
DECISION AND ORDER This matter is before the Court bn the Trustee’s Objection to confirmation of the Debtors’ Chapter 12 plan. Theodore R. Seabloom and Elizabeth A. Seabloom filed a voluntary petition for relief under Chapter 12 of the Bankruptcy *544 Code on December 31, 1986. In their petition, the Seablooms allege that they have been legal partners in the farming oper...
Views: 0
SUPPLEMENTAL OPINION On August 3, 1987, the Debtor filed a Motion, pursuant to Bankruptcy Rule 9023 and Federal Rule of Civil Procedure 59(e), requesting that we alter or amend a portion of our Opinion and Order of July 24, 1987, in the above-captioned matter, reported at 76 B.R. 465, and make certain additional Findings of Fact relating to the status of the claim of the CITY OF PHILADELP...
Views: 2
MEMORANDUM On February 17, 1987 the Bankruptcy-Court for the Middle District of Tennessee held that the Trustee could recover two preferential transfers made by the debtor H & S Transportation Company, Incorporated. 1 One transfer had been made to United Liberty Life Insurance Company (United Liberty), for $149,586.98; the other transfer had been made to Brent Towing Company, I...
Views: 2
MEMORANDUM OPINION Hearing on plaintiff’s complaint objecting to the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(6) was held on September 15, 1987. Richard Rowland of Omaha, Nebraska, appeared on behalf of the plaintiff and Mary Powers of Omaha, Nebraska, appeared on behalf of defendant. This memorandum opinion shall constitute this Court’s findings of fact and conclusions of la...
Views: 2
ORDER AND DECISION DENYING MOTION TO DISMISS This matter is before the court upon the motion of Georgia J. Johnson to dismiss the chapter 11 case of Frank J. Markunes on the ground that his petition in bankruptcy was not filed in good faith. FACTS On February 5, 1985 movant was granted a divorce from debtor in the Common Pleas Court of Montgomery County, Ohio, Division of Domest...
Views: 0
ORDER This Chapter 13 case is before the Court pursuant to the Debtor’s objection to the claim of Northside Bank & Trust Company (“Bank”) for a deficiency judgment arising from repossession and sale of debtor’s automobile. There are two issues before the Court: 1) whether the sale of the debtor’s motor vehicle was commercially reasonable and (2) whether the debtor was entitled to spe...
Views: 0
DECISION and ORDER Respondent Bouchard Transportation Co., Inc. (“Bouchard”) seeks an order pursuant to Rule 7012(b) of the Rules of Bankruptcy Procedures and Rule 12(b)(6) of the Federal Rules of Civil Procedure dismissing the amended petition brought by the Trustee of Uni-Petrol Geselleschaft fur Mineralolprodukte mbH (“Uni-Petrol”) pursuant to § 304 of the Bankruptcy Code, 11 U.S.C. § ...
Views: 2
DECISION AND ORDER CONFIRMING ABANDONMENT OF PROPERTY AND GRANTING RELIEF FROM STAY, NUNC PRO TUNC Submitted on exhibits and memoranda, on the motion of Greater Providence Deposit Corporation for relief from stay, nunc pro tunc, and for an order confirming the abandonment of real property. The bankrupts object to the motion. The relevant facts are as follows: 1 ...
Views: 0
DECISION & ORDER The United States Maritime Administration (“MarAd”) and the United States Department of Transportation (collectively, the “Defendants”) seek an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, Fed.R.Civ.P. 12(b), and Rule 7012 of the Rules of Bankruptcy Procedure, Fed.R.Bankr.Proc. 7012, dismissing the complaint (the “Complaint”) filed by Prudential L...
Views: 2
OPINION AND ORDER N.I.S. Corporation and Ozark National Life Insurance Company (OZARK) brought this adversary proceeding to determine the dischargeability of a debt under Section 523(a)(6). N.I.S. contends that the debt arises from willful and malicious injury by the defendant, Nelson Grant Hallahan. Presently before the Court are cross motions for summary judgment, as well as N.I.S.’s mo...
Views: 2
On September 26,1983 a company whose president was determined to make it the largest financial services firm in the world came crashing into this bankruptcy court with assets charitably valued at approximately $9 billion and debts estimated variously at $9 billion or multiples thereof. At 10:05 a.m. on that date involuntary Chapter 11 petitions were filed against Baldwin-United Corporation (“BU...
Views: 0
MEMORANDUM OPINION In this case we are called upon to determine the dischargeability of a debt pursuant to section 523(a)(5) of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 101-151326 (“the Code”). On the debtors’ motion, the above-styled adversaries were consolidated for trial. After the trial was commenced, the proceedings were prematurely terminated by a bomb threat directed toward an adj...
Views: 1
OPINION The issue before the Court is whether under Illinois law a mortgagor has any interests or rights in property after a foreclosure sale and the expiration of the statutory redemption period. On May 6, 1986, a judgment of foreclosure was entered on certain real estate owned by the Debtors, Glenn Richard Heis-erman and Dorothy Marie Heiserman, in Shelby County, Illinois, by the Circuit Co...
Views: 2
DECISION AND ORDER CHANGING VENUE Heard on debtor’s objection to the motion of Robert Marotto, a creditor, for a change of venue and transfer of this case to the United States Bankruptcy Court for the District of Connecticut at Hartford. The motion, which is supported by a secured creditor, St. Mary’s Windsor Locks Parish Federal Credit Union, is granted, for the reasons discussed below. The ...
Views: 0
MEMORANDUM AND ORDER INTRODUCTION The matter before the Court is the Confirmation of the Debtor’s Plan of Reorganization. The United States of America on behalf of the Internal Revenue Service (hereinafter the “IRS”) filed a timely Objection to the Debtor’s Plan pursuant to 11 U.S.C. § 1128 and Bankruptcy Rule 3020(b)(1). In its Objection, the IRS disputes that provision of the Plan which provide...
Views: 0
Heard on May 20 and 21, 1987, on the debtor-landlord’s motion for leave to compromise a dispute with its tenants, Wesley and Mary Mann, and also on the debtor’s objection to the motion of Tokai Bank of California for relief from stay or, alternatively, for adequate protection. Further hearing on the motion for relief from stay was held on August 17, 1987. A creditor, 41 East Union Street Buildi...
Views: 0
DECISION AND ORDER GRANTING MOTION TO ENFORCE ORDER OF CONFIRMATION, AND ORDER TO SHOW CAUSE WHY THE DEPARTMENT OF THE ARMY SHOULD NOT BE HELD IN CONTEMPT Taken under advisement on August 26, 1987, after hearing on the Department of the Army’s objection to the “Motion to Enforce Order Confirming Trustee’s Plan of Reorganization and to Hold the United States Department of the Army in Contempt” f...
Views: 0
ORDER At Butte in said District this 19th day of October, 1987. A hearing was held October 6, 1987, on the Debtors’ motion to avoid the Western Montana Production Credit Association (PCA) lien on a D-7F Cat. Evidence, testimony and trial memoranda were entered. The record in the above entitled matter is now complete and deemed submitted. The creditor, PCA, contends it has a purc...
Views: 0
Memorandum and Order This matter is before the Court on the motion of Nachman, Munitz & Sweig, (“Nachman”), counsel for the debtor in possession (“debtor”), for leave to withdraw and substitute Winston and Strawn (“Winston”). A complete recapitulation of the facts of this case is set forth in In re Jartran, 71 B.R. 938 (Bankr.N.D.Ill.1987) and need not be repeated here, exc...
Views: 0
OPINION The issue before the Court is whether estate taxes, payable as a result of the death of the Debtor’s mother in 1980, are debts that arose out of a farming operation for purposes of 11 U.S.C. Sec. 101(17)(A). The Debtor filed a petition in bankruptcy pursuant to Chapter 12 of the Bankruptcy Code on April 15, 1987. She has been the sole operator of two farms in Schuyler County, Illinois...
Views: 0
*715 DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT I. Introduction On July 17, 1986 (the “Filing Date”) The LTV Corporation and approximately sixty-six (66) of its affiliated companies, including LTV Steel Company, Inc. (“Steel”) and Republic Drainage Products Company (“Drainage”) (collectively the “Debtors”) filed petitions for reorganization, under Chapter 11 of Title ...
Views: 1
OPINION This is an action filed by a chapter 7 trustee to recover an alleged fraudulent conveyance pursuant to 11 U.S.C. § 548. Presently before me is the motion for summary judgment filed by one of the defendants, Thomas F.X. Foley, Esquire. For the reasons set forth below, the motion will be granted in part and denied in part. *748 I. In order to understand the issues...
Views: 1
OPINION This matter is before the Court on the Trustee’s objection to the claimed exemption of the Debtor in her contributions to the State Employees' Retirement System of Illinois. The first issue presented by this objection is whether the state pension plan constitutes property of the estate under 11 U.S.C. Sec. 541(a), or whether it should be considered a spendthrift trust for purposes...
Views: 1
MEMORANDUM AND ORDER Before the court is the motion of a secured creditor, First Wachovia Mortgage Company (Wachovia), for relief from the automatic stay imposed by 11 U.S.C. § 362(a). 1 *448 FACTS Robert David Behr and Brian S. Hassel-tine are the general partners of Portham-mel Partners, a South Carolina General Partnership which owns: All that lot piece or parcel of land, with the ...
Views: 0
MEMORANDUM AND ORDER This matter is before the Court on the motion of Chrysler First Financial Services Corporation, formerly known as Finan-ceAmerica Corporation (Movant), to dismiss the debtors’ case pursuant to 11 U.S.C. § 1307(c) on the ground that the case was filed in “bad faith”. FINDINGS OF FACT Movant is a creditor of the debtors and holds a mortgage on their real estat...
Views: 0
MEMORANDUM OPINION Since this court issued its Memorandum Opinion of July 30, 1986, 1 the debtors have settled with Ora Lee Edwards Floyd, Clara L. Harding and Willie Mayfield for $3,000.00; Susie Thomas for $1,400.00; Zola Sturdivant for $1,200.00; William J. Gratton for $1,400.00; Ethel M. Riley for $3,750.00; and Camilla Franklin for $3,750.00. 2 After notice given pursuant to Bankruptcy...
Views: 0
MEMORANDUM AND ORDER The plaintiff (the debtor in the case) seeks the turnover of a 1977 GMC truck and title to two pickup trucks, one a 1975 Ford and the other a 1977 Chevrolet. The defendant, opposing the relief requested, alleges that he has a judgment lien on the 1977 GMC truck in the amount of $16,-430.44, in addition to a perfected statutory lien on the same truck. On October 28, 1986, the p...
Views: 0
MEMORANDUM AND ORDER Before the court is the trustee’s objection to exemptions claimed by the debtors in two VCRs, a Smith and Wesson Model 19 .357 Magnum pistol, an Uzi 9mm semiautomatic gun, and a cash exemption of $1,000. for each debtor, pursuant to S.C. Code § 15-41-200 (Supp.1986). When a petition in bankruptcy is filed, a bankruptcy estate is created, consisting of those items or prope...
Views: 0
*1013 MEMORANDUM OPINION Relying on Sections 523(a)(2)(A), (4) and (6) of the Bankruptcy Code, 1 CPI Oil & Refining, Inc. (“CPI”) seeks a summary judgment excepting its civil fraud judgment against Debtor from his discharge. Pursuant to 28 U.S.C. § 157(b)(3), this is a core proceeding. 28 U.S.C. § 157(b)(2)(I). On May 12, 1982, James Harold Dennis, Sr., the Debtor...
Views: 0
MEMORANDUM AND ORDER Before the court is the objection of the trustee to the debtors’ claim of an exemption in silverware which consists of sterling silver flatware (knives, forks, spoons, etc.), as well as silver-plated flatware, most of which were given to the debtors as wedding presents about twenty-eight years ago. The trustee’s objection is that the silverware is not exemptable under appli...
Views: 1
OPINION This court denied the debtor’s first “Motion for extension of Time in which debtor shall have the exclusive right to file a plan of reorganization” (the “Motion”) by order dated August 19, 1987. This opinion constitutes the findings of fact and conclusions of law required by Bankruptcy Rule 7052 made applicable under Bankruptcy Rule 9014. We are aware that this case may b...
Views: 2
*455 MEMORANDUM AND ORDER This adversary proceeding came before the court on a petition for interpleader filed by “F. William Hargrove, as Trustee for Unsecured Creditors” 1 , after a dispute arose regarding his proposed distribution of monies pursuant to a confirmed chapter 11 plan of reorganization. In resolving the petition, the court must dec...
Views: 0
MEMORANDUM AND ORDER Before the court is the plaintiffs motion for leave to amend his complaint. The defendant opposes the motion. The plaintiff, as trustee in this chapter 7 bankruptcy case, brought the above entitled adversary proceeding against the defendant alleging that two payments made by the debtor to the defendant were preferences under 11 U.S.C. § 547(b) — a Five Thousand and 00/100 ($5,...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY In several respects, the instant case parallels another case before us involving the same lender, In re Tucker, 74 B.R. 923 (Bankr.E.D.Pa.1987). As in Tucker, we rule against the Debtor on an issue of interpretation of state law regarding computation of rebates of unearned finance charges. However, based in large pa...
Views: 2
OPINION M & M Trucking Company (“M & M”) which owned a trucking terminal rented by the debtor, Mushroom Transportation Co., has filed a motion seeking a determination that it holds an allowed administrative claim in the amount of $53,064.82. 1 The committee of unsecured creditors (“creditors’ committee”) vigorously objects to much of the asserted administrative claim for a vari...
Views: 0
ORDER On July 23, 1987, the above-referenced debtors (“the Cunninghams”) filed an objection to the allowance of the claim of Transamerica Corporation (“Trans-america”). Following a hearing on the objection, the Court requested briefs from the *93parties in support of their respective positions regarding the allowance of attorney fees under an indemnity agreement. The facts are as follows: The deb...
Views: 0
*709 DECISION AND ORDER ON MOTION TO COMPEL TESTIMONY AND ON MOTION TO INTERVENE AND FOR A PROTECTIVE ORDER We are asked to resolve the disputes engendered by two separate but related motions. Defendants Nochum Sternberg (“Sternberg”) and Schnejer Zalman Gurary (“Gurary”) move to compel the testimony of defendant Irwin Feiner (“Feiner”) pursuant to Rule 37(a) of the Federal Rules...
Views: 1
MEMORANDUM AND OPINION We now address a motion for partial 1 summary judgment on this complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). We deny the motion because the pleadings highlight genuine issues of material fact regarding the intent of the debtor and an underlying agreement creating a special relationship between the parties...
Views: 1
MEMORANDUM AND ORDER I. INTRODUCTION This case is before the court to consider counsel for debtor’s petition for attorney’s fees. Some history is necessary to bring the Court’s ruling on the matter into proper focus. Apparently, prior to October 1, 1986 (the date on which the undersigned became Bankruptcy Judge), applications for fees received very little scrutiny from the Court. Sin...
Views: 0
MEMORANDUM OF OPINION AND ORDER Herein, the Court is asked to determine whether a prepetition levy by a taxing authority on a debtor’s cash or cash equivalent leaves the debtor with a recoverable interest in the seized property. The matter arose upon the motion of Cleveland Graphic Reproduction, Inc. (Debtor) for turnover by the Internal Revenue Service (IRS) of funds and accounting recor...
Views: 1
OPINION The issue presented in the Motion before us in the instant case is whether we should allow relief from the Automatic Stay to permit the property distribution aspect of a divorce action between NELSON E. ZIETS, D.O., the Debtor, and his ex-wife, JANET ANN ZIETS (hereinafter referred to as “the Movant”) to proceed in the state court where it was pending before the Debtor filed his b...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court for trial on the complaint of the Plaintiff, the Chapter 7 Trustee. The Court having heard the testimony and examined the evidence presented, observed the candor and *86demeanor of the witnesses, considered the arguments and memorandum of counsel makes the following findings of fact and conclusions of law. The complaint seek...
Views: 2
ORDER This matter is before the Court on two motions to dismiss, one filed jointly by the First State Bank of St. Peter and the State Bank of Farina and the other filed by the Federal Land Bank of St. Louis. The sole issue raised by both motions is whether debtors qualify as family farmers under Chapter 12 of the Bankruptcy Code when their tax return for the year immediately preceding the year ...
Views: 0
MEMORANDUM OPINION This adversary proceeding was tried on June 2, 1987 upon the plaintiff’s complaint requesting a determination that certain obligations imposed by divorce decree upon the debtor-defendant prior to bankruptcy are non-dischargeable as in effect or substance being in the nature of alimony pursuant to § 523(a)(5) of the Bankruptcy Code. The Master’s Report in the bankruptcy proc...
Views: 0
MEMORANDUM OF DECISION AND ORDER On March 12, 1987 a motion to dismiss the Chapter 13 case and an objection to exemptions filed on behalf of First Bank, National Association (First Bank) came on for hearing before this court in Council Bluffs, Iowa. The court also heard on March 12, 1987 the debtors’ motion to stay the adversary proceeding (Adv.Pro. No. 86-0287) and a resistance thereto by Firs...
Views: 0
ORDER ON MOTION TO AVOID LIENS On April 21, 1987 a motion to avoid liens filed by the debtor on March 27,1987 and a resistance thereto filed by Dunlap Savings Bank (Bank) on March 30,1987 came on for telephonic hearing in Des Moines, Iowa. Janice M. Woolley appeared on behalf of the debtor and Jay T. Randall, vice-president of the Bank, appeared pro se. The case has been submitted upon the affida...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT On March 12, 1987 a hearing on defendant’s motion for summary judgment was held. P. Scott Dye appeared on behalf of defendant Douglas County Bank & Trust Company (Bank) and Frank M. Sehepers, John D. Sens, and David D. Begley appeared on behalf of Robert F. Craig, the trustee. The adversary complaint filed by the trustee alleges the defendant (Bank) was the re...
Views: 0
ORDER ON CREDITOR’S MOTION TO DISMISS DEBTORS’ CHAPTER 12 BANKRUPTCY A motion to dismiss debtors’ Chapter 12 bankruptcy, filed by the First National Bank of Kirksville, Missouri, was set for hearing on July 21, 1987. At that time, attorneys for the parties indicated that the issues involved had been narrowed to an issue at law only and that the taking of evidence was not necessary. The parties ...
Views: 0
OPINION A motion is before the Court on an application by Norstar Bank of Long Island (“the Bank”), successor by merger to Bank of Long Island (formerly the First National Bank of East Islip), for an order directing Elizabeth A. Gutman, the Chapter 7 Trustee, to pay the Bank’s $8806.15 secured claim to accounts receivable, plus interest, as an administrative expense and priority claim. ...
Views: 0
ORDER ON MOTION TO DISMISS On August 18, 1987 a telephonic hearing on the defendants' (debtors’) motion to dismiss and the plaintiff’s (FDIC) resistance thereto in the above entitled cause was held before this court in Des Moines, Iowa. Marlyn S. Jensen appeared on behalf of the debtors and Burns H. Davidson, III appeared on behalf of FDIC. The matter was considered fully submitted on the authori...
Views: 0
MEMORANDUM OPINION INTRODUCTION This matter is before the Court on the Chapter 7 Trustee’s (Plaintiffs) Complaint To Determine Tax Liability brought under 11 U.S.C. § 505. In 1983 the Trustee sold a corn crop free and clear of lien with the understanding that the liens of the United States of America, on behalf of Commodity Credit Corporation (hereinafter the “CCC”) would attach to the procee...
Views: 0
MEMORANDUM ON RUGS The claimant, Lindley Fosbroke, (“Fos-broke”) in answer to an advertising flier she received in the mail during June of 1983, hired the debtor to clean the carpets in her home. The claimant paid Arlmont the sum of $188 for the carpet cleaning and now contends that one room was not cleaned for which $19.85 was charged. The debtor offered no contradictory testimony or evidence. W...
Views: 0
ORDER At Butte in said District this 28th day of October, 1987. Pending in this Chapter 12 proceeding is the Debtor’s Modified Chapter 12 Plan which was amended as a result of this Court’s decision of May 5,1987, In re Janssen Charolais Ranch, Inc., 73 B.R. 125, 4 Mont.B.R. 290 (Bankr.D.Mont.1987). In that decision, this Court rejected the Debt- or’s Plan on the issue of appropriate market ...
Views: 1
OPINION This matter arises on the parties’ briefs and oral argument concerning an unsecured creditor’s objection to a consumer debtor’s exemption of a home the creditor constructed. Because objector has failed to carry its burden of proof, the objection is overruled. The facts necessary to an understanding of this contested matter follow: *2 I On February 9, 1984, Paul ...
Views: 0
MEMORANDUM RE ATTORNEY’S WORK PRODUCT Special counsel, by the very nature of his appointment and such discovery as he has thus far been able to effect, 1 has required a thorough examination of the debtor’s potentially diverted assets. For what may well be good reason, the present sole stockholder and major domo of the debtor, along with his former associate, decline to cooperat...
Views: 0
MEMORANDUM AND ORDER The law firm of Pincus, Verlin, Hahn & Reich, counsel for debtor in this bankruptcy action, have appealed the December 23, 1986, 68 B.R. 337, order of the bankruptcy court denying their motion for reconsideration of reimbursement of costs under section 330(a)(2) of the Bankruptcy Code. 11 U.S.C. § 330(a)(2). Specifically, the question presented is whether the bankrupt...
Views: 1
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the motion of The Broadview Savings And Loan Company (Broadview) for relief from the automatic stay provisions of § 362 of the Code [11 U.S.C. § 362]. Upon due notice to all parties in interest, a hearing was had to the Court. The arguments of counsel have been considered, in addition to a review of the relevant pleading...
Views: 0
MEMORANDUM OPINION Grassridge Industries, Inc. (debtor), a general contractor specializing in the construction of bridge approaches, overpasses and other types of finished concrete and dirt work, filed a petition under Chapter 11 on August 5, 1986. The case was converted to a Chapter 7 proceeding on March 23, 1987. For some four or five years preceding the filing of the Chapter 11, debtor had o...
Views: 0
MEMORANDUM OPINION This opinion is written to correct a misapprehension as to the present status of the law in the Western District of Missouri. In 1982, the Honorable Joel Pelofsky issued his order in the case of In re Taylor, 21 B.R. 179 (Bkrtcy.W.D.Mo.1982). In that order he held that the holder of a deed of trust who had foreclosed prior to the filing of a Chapter 13 petition was barred from ...
Views: 0
*1019 MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon a motion for summary judgment filed by the plaintiff on August 13, 1987. The plaintiff Gold Leaf Corporation, (Gold Leaf), is a Chapter 11 debtor-in-possession and is seeking summary judgment on its complaint for turnover of assets, filed against Hamilton Projects, Inc. (Hamilton), pursuant to § 542 of the Ba...
Views: 0
DECISION ON MOTION TO RESCIND STOCK PURCHASE AGREEMENT AND CROSS MOTION TO RECLAIM STOCK The debtor, Domestic Fuel Corp., has commenced an adversary proceeding against the defendant, Angelo P. Rainaldi, to rescind a stock purchase agreement under which the debtor purchased from Rain-aldi all of the stock of Henry F. Raab, Inc. and Henry F. Raab Connecticut, Inc., (collectively referred to...
Views: 3
ORDER SUSTAINING TRUSTEE’S OBJECTION TO ROSIE O’GRADY’S, INC.’S CLAIM THIS MATTER came on to be heard upon the trustee’s objection to Rosie O’Grady’s Inc.’s claim that it has a properly perfected security interest in a liquor license owned by the debtor. The parties entered into a joint stipulation of facts and law narrowing the dispute to the following issue: whether Rosie O’Grady’s (Rosies) w...
Views: 0
DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Heard on May 27 and 28, 1987, on the plaintiff’s motion for summary judgment against the debtor in the above captioned complaint to determine dischargeability. The pertinent facts are as follows: Plaintiff Hopkins, and Kishel (the debtor), established a partnership (GYROART) in April 1980, 'for the purpose of developing a gyroscop...
Views: 4
ORDER Before the court are cross motions for summary judgment. On September 23, 1987 the defendant, Jamestown Implement, filed its motion alleging there to be no issue as to any material fact and on October 5, 1987 the trustee, also conceding no issue remaining as to any material fact, prayed for summary judgment in his favor. This is a section 547 preference action commenced by the trust...
Views: 2
MEMORANDUM ON ADMINISTRATIVE LEASE CLAIM Before the Court is New England Merchants Funding Corporation’s (“Funding Corporation”) Motion for an Allowance of Administrative Expense and Request for Payment for computers and peripherals allegedly leased to the debtor. The Court is asked to determine if the lease is, in fact, a security agreement or a true lease. Factual Background ...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER DETERMINING MARKET RATE OF INTEREST TO BE 10.5% PER ANNUM OR CONTRACT RATE, WHICHEVER IS LOWER This court, in its prior decisions on rates of interest applicable in chapter 11 reorganization cases and chapter 13 arrangement cases, has previously held that an underse-cured creditor is entitled to interest at the *976 market rate ...
Views: 1
ORDER DENYING OBJECTION OF PITTSBURG REFRIGERATION CO. TO APPLICATION OF RESPONDENT CHAPTER 7 TRUSTEE TO PAY POST-CONVERSION EXPENSES OF ADMINISTRATION On March 26, 1987, the respondent trustee in bankruptcy filed his application for leave of court to pay the following postcon-version expenses of administration: Payee Amount Diversified Ventures, Inc. $1,864.94 Betlin Manufacturing Company 896.89...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ADVERSARY COMPLAINT FOR PARTITION, TO DETERMINE VALIDITY, PRIORITY AND AMOUNT OF LIEN, IF ANY AND TO AVOID PREFERENCE THIS CASE came on to be heard on September 22,1987 on the above-styled Adversary Complaint for Partition, To Determine Validity, Priority and Amount of Lien, If Any and to Avoid Preference, pursuant to 11 U.S.C. § 547(b), by the debtor ...
Views: 0
ORDER REVOKING COURT’S FORMER ORDERS GRANTING ATTORNEYS’ FEES TO COUNSEL FOR DEBTORS AND DENYING PENDING APPLICATION OF COUNSEL FOR DEBTORS FOR AN AWARD OF ATTORNEY’S FEES Currently pending before the court is the application of the law firm of Campbell, Morgan, Gibson & Kramer, P.C., for an award of attorney’s fees in the sum of $17,278.00. The application was filed on November 10, 1986....
Views: 0
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This is a Chapter 7 liquidation case, and the matters under consideration are cross Motions for Summary Judgment filed by Rural Kentucky Medical Scholarship Fund, Inc., (Scholarship Fund), and by Jack Morgan Lipps (Debtor), the parties involved in the above captioned adversary proceeding. The Plaintiff's Complaint seeks a determination by this C...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THE MATTER under consideration in this Chapter 7 adversary proceeding is a Complaint seeking to avoid a security interest in personal property pursuant to 11 U.S.C. § 544. The challenge to the security interest is alleged to be unperfected by Lawrence S. Kleinfeld, Trustee of the Chapter 7 estate (Trustee) who filed the above captioned complaint. Both the T...
Views: 0
OPINION The defendant, Raymond E. Shea (“Shea”), foreclosed upon real estate and equipment of General Industries, Inc. (the “Debtor”), and was the successful bidder at the separate auctions which were held. The Debtor and its official creditors committee have instituted this adversary proceeding, contending that the foreclosure sales were fraudulent transfers under § 548(a) of the Bankrup...
Views: 4
ORDER REGARDING DAMAGES INCURRED BASED ON VIOLATION OF THE AUTOMATIC STAY THIS CAUSE came on for hearing with notice to all parties in interest to determine *79the amount of damages incurred by Susan Steinfeld, d/b/a Denim Center, the Debtor in this Chapter 11 case, as a result of a violation of the automatic stay by Maximo Plaza Associates Limited Partnership (Landlord), the Debtor’s landlord, pu...
Views: 0
MEMORANDUM OPINION This matter is before the Court upon the request of R.L. Inge (“Inge”) for an order of this Court directing that payments made by R.L. Inge Development Corp. (“Debtor”) to the Internal Revenue Service (“I.R.S.”) be applied to the I.R.S.’ statutorily secured tax liens prior to being applied to other tax debts owed to the I.R.S. by the Debtor. Upon the convening of a hearing on...
Views: 0
MEMORANDUM AND ORDER Before the court for confirmation is the Debtors’ First Modified Chapter 12 Plan Of Reorganization filed August 10,1987. The *992 confirmation hearing was held on August 17, 1987. As presently constituted the plan proposes to fully pay in deferred cash payments, all impaired secured claims including those of the Federal Land Bank (FLB) and the First National Bank of Dev...
Views: 1
ORDER ON MOTION FOR RETURN OF PAYMENTS BY DEBTORS, AND FOR APPROVAL AND PAYMENT OF COUNSEL FEES THIS CASE came on to be heard on October 9, 1987 on the Debtor’s Motion for Return of Payments by Debtors, and for Approval and Payment of Counsel Fees, at which time the Court heard argument of the Trustee and argument of the counsel for the Debtors. The Debtors request the return of monies paid t...
Views: 1
ORDER ON MOTION TO DISMISS THE MATTER under consideration in this Chapter 11 case is the Motion to Dismiss filed by Great Southern Savings Bank (Great Southern). It is the position of Great Southern that based on undisputed facts as appear from the record and based on the facts which are not in dispute, this is a classic case of "bad faith” filing and, therefore, the Chapter 11 case should be d...
Views: 1
ORDER The matter before the court is an Amended Motion To Avoid Lien Impairing Debtors’ Exemptions filed by the Debtors, Ardell and Lavonne Ptacek, on July 31, 1987. The Debtors filed their Chapter 12 petition on May 13, 1987. They seek to avoid Farmers Home Administration’s (FmHA) lien in seven pieces of farm equipment pursuant to 11 U.S.C. § 522(f)(2)(B). FmHA resists the motion but has...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTERS under consideration are several claims set forth in the Amended Complaint filed by Stephanie Cates-Har-man, Trustee (Trustee) of the above-captioned Chapter 7 case. In Count I, the Trustee seeks to set aside a transfer by *54 Raymond Reininger-Bone, the Debtor (Debtor), to one Blanch Bone (Bone), a Defend...
Views: 0
ORDER ON MOTION FOR ORDER PROHIBITING USE OF CASH COLLATERAL On June 18, 1987 a hearing on a motion for order prohibiting use of cash collateral filed on June 4, 1987 by the Federal Deposit Insurance Corporation (FDIC) and the debtors’ resistance filed on June 15, 1987 came on for telephohic hearing in Des Moines, Iowa. G. Mark Rice appeared on behalf of the FDIC and Paul H. Wieck, II app...
Views: 0
ORDER ON ORDER DISCHARGING ORDER TO SHOW CAUSE AND DEBTORS’ EMERGENCY MOTION FOR CONTEMPT THE MATTER under reconsideration in this Chapter 11 case is this court’s Order entered on April 14, 1987, which directed one Blaine M. Allison (Allison) to return a 1984 Kenworth Dump Truck to the Debtor, Nelson DesChamps (Debtor). The court also considered the Debtors’ Emergency Motion for Contempt based on ...
Views: 1
ORDER ON MOTION TO DISMISS CASE This is a Chapter 11 case, filed by Evelyn Walker as Trustee, and the matter under consideration is a challenge to the eligibility of Evelyn Walker, as Trustee, to be a debtor under Chapter 11 of the Bankruptcy Code. This challenge is interposed by Barnett Bank and Trust Company, N.A. (Bank) who filed a Motion to Dismiss this case. The Motion to Dismiss was...
Views: 3
MEMORANDUM OPINION This is a Rule 11 sanctions case. On September 21, 1987 this Court heard a Motion to Vacate Judgment, for Rehearing, and for Stay of any Proceedings to Enforce Judgment in the case of Joe Colvin, Trustee v. K.W. Well Service, Inc. The chronological events of this adversary proceeding are as follows: On June 2, 1986 Joe Colvin, Trustee, through his attorney, Brian Book, filed a C...
Views: 0
OPINION AND ORDER This case came before the Court on July 21, 1987 for a hearing to consider the motion to dismiss filed by Redfield Farm, Inc. (Redfield) and the confirmation of the Chapter 12 plan. The confirmation of the Chapter 12 plan was denied for failure to provide for the payment to secured creditor Farmers Home Administration the equivalent value of its claim. Redfield’s motion ...
Views: 3
ORDER DISMISSING RESPONDENTS’ APPEAL On June 7, 1985, this court issued its final order granting the movant’s motion for relief from the automatic stay for the purpose of enforcing a child support award which was previously conferred upon her in *440 the Circuit Court of Jasper County, Missouri. Although that order was a final, appealable order, see In re Leimer, 724 F.2d 744, 745 (8th Ci...
Views: 1
*970 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECREE THAT DEFENDANT’S INDEBTEDNESS TO PLAINTIFF IN THE SUM OF $36,000 IS NONDISCHARGEABLE IN BANKRUPTCY AND JUDGMENT FOR THE SAME SUM PLUS INTEREST AT THE CONTRACT RATE OF 12% FROM AUGUST 1, 1982, FOR PLAINTIFF AND AGAINST DEFENDANT This court previously entered its final judgment declaring the defendant’s indebtedness to plai...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL DECREES AND JUDGMENTS DENYING TRUSTEE’S COMPLAINT TO AVOID THE LIEN OF FIRST NATIONAL MERCANTILE BANK AND TRUST COMPANY; GRANTING FIRST NATIONAL MERCANTILE BANK AND TRUST COMPANY FOR RECLAMATION IN THE SUM OF $1,422.54; DECLARING THE INDEBTEDNESS OF LILLIE BELL HAZEN TO PIONEER FINANCIAL SERVICES OF K.C., INC., TO BE NONDISCHARGEABLE IN THE SUM OF $1...
Views: 0
ORDER ON RENEWAL OF NOTICE FOR ORDER TO SHOW CAUSE AS TO INTERNATIONAL MEDICAL CENTERS AND NORMAN STALL-INGS This is a confirmed Chapter 11 case and the matter under consideration is a Renewed Motion filed by Dr. Earl P. Myhree who seeks to hold in contempt Norman Stallings (Stallings) and International Medical Center (IMC). The procedural background leading up to this Motion as appears from th...
Views: 1
ORDER Before the court is an Application For Quantum Meruit Trustee Fees filed in the above-captioned cases on September 8, 1987. By his motion, Phillip D. Armstrong, the trustee, asks for the sum of $2,205.92, an amount arrived at by calculating what the section 326(a) statutory fee would have been had he distributed $67,530.54 to the unsecureds. No distribution to creditors actually occurred in ...
Views: 1
MEMORANDUM DECISION I. On October 24, 1985, Robert A. Mikrut (“Mikrut”) filed for relief under chapter 13 of the Bankruptcy Code. Mikrut listed the following creditors in his schedules: IRS income taxes 1978 and 1979 $ 5,068.80 priority IRS penalties and interest on taxes for 1978, 1979 and 1982 9,561.48 non-priority unsecured Illinois Dept, of Revenue taxes for 1978, ...
Views: 4
ORDER ALLOWING CLAIM OF THE CLAIMANT BDH AS AN EXPENSE OF ADMINISTRATION IN THE SUM OF $10,750.00 Now pending before the court is the claim of the claimant BDH for a claim of an administrative expense in the sum of $10,750.00. The facts underlying the claim have been presented to the court, both in a hearing which was previously held and by means of posthearing written submissions made, chiefly o...
Views: 1
ORDER ON TRUSTEE’S OBJECTION TO LISTED EXEMPT PROPERTY UNDER SEC. 522(Z) OF THE BANKRUPTCY CODE THIS CAUSE came on for hearing with notice to all parties in interest upon an Objection to Listed Exempt Property under § 522(l) of the Bankruptcy Code, filed by Jack Weech, the Trustee in the above-captioned Chapter 7 case. Through the Objection, the Trustee challenges the exemptions claimed by Jo...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING THE PLAINTIFF’S COMPLAINT FOR RECOVERY OF ALLEGEDLY PREFERENTIAL TRANSFERS This action, an action brought by a chapter 11 debtor for the purpose of recovering alleged preferences under section 547 of the Bankruptcy Code, has been submitted to the court for decision on the basis of a stipulation of facts. In submitting the case on the ...
Views: 1
OPINION FFV Norma, Inc. (Norma, Inc.) has moved for an amendment of the June 10, 1987 decision. In the alternative, Norma, Inc. requests reconsideration of its claim for priority administrative expense treatment. FACTS In or about January of 1985 Norma, Inc. and Nevins Ammunition, Inc. (Nevins) began corresponding regarding the possibility of Nevins’ purchase of brass shell casings from Nor...
Views: 0
MEMORANDUM AND ORDER The matter before the court is a Motion For Relief From Stay filed by American State Bank and Trust Company of Dickinson (American). Alfred and Rae Lynn Bin-stock (Debtors) purchased a 1980 Windsor mobile home. On January 2, 1986, they refinanced the mobile home purchase by executing a promissory note to American. Rae Lynn’s father, Victor Froehlich, cosigned the note with th...
Views: 0
DECISION This case was commenced under chapter 13 of the Bankruptcy Code on August 13, 1986 and converted to a case under chapter 7 on October 17, 1986. At the time of the conversion, the chapter 13 trustee was holding the sum of $561.80 which had been paid to him by the debtor and not yet distributed to creditors inasmuch as the debtor’s plan had not been confirmed. Following conversion, the m...
Views: 0
FINDING AS TO COURT’S MOTION UNDER SECTION 707(b) The debtor filed for relief pursuant to chapter 7 of the Bankruptcy Code on December 12,1986. A hearing was scheduled on the reaffirmation agreement, in the amount of $19,701.87, between the debtor and Society National Bank and was subsequently adjourned to June 23, 1987. As a result of the reaffirmation hearing, the court on May 19, 1987 revi...
Views: 2
ORDER DENYING MOTION TO DISMISS THE CHAPTER 12 PETITION Heard on July 6, 1987, on the debtor’s objection to the motion to dismiss the petition filed by Travelers Insurance Co., Federal Deposit Insurance Corp. (“FDIC”), and Farmer’s Home Administration. The mov-*36ants allege that the debtor does not qualify as a “family farmer,” 11 U.S.C. § 101(17), in that his aggregate debts exceed $1,500,-000 a...
Views: 0
MEMORANDUM OPINION The bankruptcy trustee appointed in this case (“the Trustee”), was authorized by previous court order (“the Sale Order”) to sell certain real property of the estate free of lien pursuant to Section 363(f) of the Bankruptcy Code. The Federal Deposit Insurance Corporation (“FDIC”), the holder of a consensual mortgage against the property for a debt in excess of $668,000.0...
Views: 0
This matter arises as a result of a motion made by Amboy-Madison National Bank (Bank) to authorize the bank to honor a draw under a letter of credit issued to First Indemnity of America Insurance Company (F.I.A.) for the amount which F.I.A. has paid to former contract purchasers of the debtor. The trustee responds by seeking an order directing that F.I.A. marshal assets and proceed against indi...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came before the Court on a complaint by Donald and Joann Mellen (“Debtors”) against Dennis and Phyllis Curtin (“Purchasers”). The essential facts are not in dispute. On June 13, 1986, Phyllis Curtin, on behalf of Globe Electric, Inc., entered into a real estate contract to purchase certain non-residential real property commonly known as 110 Ha...
Views: 1
MEMORANDUM OPINION The above-styled adversary proceeding is before the Court on the motion of the plaintiff, City Wholesale Grocery Co., Inc., for summary judgment. Before addressing the substance of the motion presently before the Court, a brief discussion of certain procedural matters is in order. The debtor filed a voluntary petition for relief pursuant to the provisions of title 11, United St...
Views: 0
DECISION AND ORDER Before the Court is the confirmation of the Debtors’ Chapter 13 plan. The Debtors, Ronald and Florette Gas-kins, first filed a Chapter 7 petition on January 9, 1987. The Debtors received a discharge on April 28,1987. Reaffirmation agreements were entered into with General Motors Acceptance Corporation and Beneficial of Illinois, Inc. On May 27, 1987, the Debto...
Views: 0
*46 FINDINGS AND CONCLUSIONS This is a chapter 13 bankruptcy case commenced March 10, 1986. The required hearing on confirmation of the debtors’ plan 1 was held July 22, 1986, but was inconclusive because of an uncertainty as to how a claim for an arrearage of $1,003.79 on a home-mortgage debt was to be paid. An amendment to the plan was filed September 22,1986, provid...
Views: 5
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on the Motion of the Federal Deposit Insurance Corporation (“FDIC”) for Summary Judgment and the Objection to Motion for Summary Judgment filed by the Debtors Donald F. and Wanda L. Boebel (“Boe-bels”). A Memorandum in Support of Its Motion for Summary Judgment was filed by the FDIC. The De...
Views: 2
FINAL ORDER AND JUDGMENT This matter came before the Court on July 16, 1987 on R. Richard Riso’s Motion for Partial Summary Judgment, and, after reviewing the pleadings and affidavits submitted to the Court and hearing the argument of counsel, the Court FINDS that, while Defendant Riso’s Motion for Partial Summary Judgment sought judgment in favor of Mr. Riso only with respect to those payments un...
Views: 1
FINDINGS, CONCLUSIONS, AND ORDER Findings of Fact The above-styled chapter 13 bankruptcy case was commenced November 14, 1986, and a plan by the debtor was confirmed April 3, 1987. The meeting of creditors under title 11, United States Code, Section 341, was first set for December 17, 1986, making March 17, 1987, 1 the last day by which creditors generally could file p...
Views: 0
MEMORANDUM DECISION In this case the trustee in bankruptcy is attempting to set aside a pre bankruptcy real estate conveyance by the debtor pursuant to 11 U.S.C. §§ 547 and 548. He is also seeking a determination, pursuant to 11 U.S.C. § 544(a)(3), that he has superior rights as a bona fide purchaser of another parcel of real estate in Green Lake County, Wisconsin, for which the unrecorded warran...
Views: 1
MEMORANDUM-DECISION AND ORDER This matter comes before the Court on objections raised by the Chapter 13 Trustee to the confirmation of Shane G. Sutliff’s (“Debtor”) Chapter 13 plan, pursuant to § 1325 of the Bankruptcy Code, 11 U.S. C.A. §§ 101-1330 (West 1979 & Supp.1987) (“Code”). FACTS Debtor filed his petition for relief under Chapter 13 of the Code on April 8, 1987. Debtor ...
Views: 2
MEMORANDUM OPINION ON DEFENDANTS’ MOTION TO DISMISS AFTER PLAINTIFF’S PROOFS On March 19, 1987, Security Federal Credit Union filed a suit under 11 U.S.C. § 523(a)(2) requesting the court to determine the defendants’ debt to it to be non-dischargeable. The plaintiff alleged that the defendants submitted a false financial statement upon which the credit union relied in granting them a $1,0...
Views: 0
ORDER Hearing on Debtors’ Amended Chapter 12 Plan was held on July 1, 2 and 8, 1987. Objections to the Plan were filed by creditors Williamson and Vadheim (Vadheim), Federal Land Bank of Spokane, now Farm Credit Services, (FLB), Montana Bank of Bozeman (Bank), 1 Slingsby, Beneficial Finance Company, Deutz-Allis, Navistar and First National Bank in Bozeman. The ob *907 ...
Views: 2
OPINION The instant matter was filed as an Adversary proceeding pursuant to Bankruptcy Rule (hereinafter referred to as “B.R.”) 7001. The Plaintiffs Complaint seeks the following relief, pleaded in the alternative: (1) That the Defendant Debtor-in-Possession be compelled to assume or reject the subject executory contract for residential property within a 10-day time period pursuant to 11 ...
Views: 2
MEMORANDUM OPINION AND ORDER The matter before this Court is a Motion for Administrative Expense filed by North American Paging Corporation (“American”) seeking compensation under § 503 for the legal fees and expenses it incurred in unsuccessfully proposing a Plan of Reorganization in the Chapter 11 case of American 3001 Telecommunications, Inc. (“Debt- or”). American was an unsecured creditor ...
Views: 0
MEMORANDUM OPINION This is a motion to vacate the automatic stay, or, alternatively, to compel the debtor in possession 1 (hereinafter referred to as the “debtor”) to assume or reject an allegedly executory contract. On March 4, 1981, Accountech Systems, Inc., now known as Executive Technology Data Systems (debtor) entered into a purchase agreement with John F. Howard (How...
Views: 1
MEMORANDUM DECISION Katheryn Anderson, a Chapter 7 debtor, brings this motion for dismissal of her Chapter 7 case. She also asks this Court to order San Diego Paralegal Services to refund monies she paid them for assistance in filing her bankruptcy petition. Finally, she asks that this Court enjoin San Diego Paralegal Service from engaging in the unauthorized practice of law. FACTUAL...
Views: 1
MEMORANDUM OPINION We now render decision on the following matters in the case of Stanley A. Rabzak (“debtor”), a pro se chapter 7 debtor: (1) debtor’s objection to the trustee’s April 14, 1987 report of consummated sale; (2) debt- or’s motion for a more specific bill of particulars; 1 (3) debtor’s objection to the proofs of claim filed by Bank of Pennsylvania, Berks Industrial Warehousing, I...
Views: 0
MEMORANDUM DECISION The motion of John and Charlesina Stage, Chapter 13 debtors, to modify their confirmed Chapter 13 plan raises an issue of apparent first impression: What standing do creditors unaffected by the plan’s modification have to object to confirmation of the modified Plan? FACTUAL SUMMARY On December 15,1986, the Stages’ Chapter 13 plan dated October 27, 1986, was c...
Views: 3
MEMORANDUM AND OPINION JURISDICTION This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(K). FACTS The facts in this case are simple, and with one exception, uncontested. On August 1, 1978 Provident Hospital & Training Association (“Provident”) entered into a loan agreement with Mercantile Mortgage Company (“Mercantile”), pursuant to which Mercantile made a loan to P...
Views: 1
MEMORANDUM AND OPINION FACTS On October 15, 1986, Everett W. Ealy Jr. and Karen S. Ealy, (the “Debtors”), filed a joint petition for relief under Chapter 7 of the Bankruptcy Code. On November 7, 1986 the Debtors filed a complaint to determine the dischargeability of a loan procured by the Debtors from the First National Bank of Mattoon, Illinois, (the “Bank”). The loan in question wa...
Views: 1
ORDER This case is before the Court on a motion for payment of administrative expense filed on June 22,1987, by Life Insurance Company of Georgia (“LIG”). Following a hearing on the motion on August 5, 1987, the Court requested briefs from the parties in support of their positions on the issue of whether pre-petition arrearages on obligations under a lease become administrative expenses when th...
Views: 1
MEMORANDUM-DECISION AND ORDER Fritz Carl Nentwick (“Debtor”) is the owner of a real property condominium at 353 Village Boulevard, Baldwinsville, New York, located in what is known as the Village Green of Syracuse, Condominium II (“Village Green”). Because of the Debt- or’s failure to pay required condominium common charges, on or about September 25, 1986, Village Green filed a “Notice of...
Views: 0
DECISION AND ORDER (UPON RECONSIDERATION) DENYING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AND GRANTING JUDGMENT TO DEFENDANT PROCEDURAL POSTURE Presently before the court is the trustee’s motion for the court to reconsider its previous order denying trustee’s motion for summary judgment. The relevant facts, as set forth in the court’s Decision and Order of July 15, 1987, 76 B.R. 121, are as fol...
Views: 0
MEMORANDUM DECISION 1 DETERMINING DEBT DISCHARGEABILITY This adversary proceeding commenced on the complaint filed by the Chapter 7 debtor to determine the dischargeability of her student loan debts to Connecticut Stu *578 dent Loan Foundation. The matter was tried before the Court on its merits on April 8, 1987. The sole issue 2 to be determined by...
Views: 0
OPINION Before us is a Motion of an entity designated in the pleadings as “J.B. HEAVEY & CO.” (hereinafter referred to as “the Mov-ant”), to dismiss the Plaintiff-Debtor’s Complaint against it, the only remaining defendant, on several grounds, presumably pursuant to Bankruptcy Rule (hereinafter referred to as “B.Rule”) 7012 and Federal Rules of Civil Procedure (hereinafter referred to as ...
Views: 1
MEMORANDUM-DECISION AND ORDER This matter comes on before the Court as a result of an adversary proceeding commenced by Patricia A. Blood (“Plaintiff”) against the Chapter 7 Trustee. Plaintiff seeks to reclaim $6,800.00 which she urges is erroneously held by the Trustee as property of the bankruptcy estate. The parties have agreed to certain of the material facts, and have asked the Court...
Views: 1
MEMORANDUM The matter before the Court is the adversary complaint filed against the above named nine defendants by Harold P. Murphy, Chapter 7 Trustee (the “Trustee”) of Ipswich Bituminous Concrete Products, Inc. (“Ipswich Bituminous” or the “Debt- or”). The complaint was originally filed on June 20, 1986. It was amended on July 31, 1986 and again on August 13, 1986. The Trustee and ...
Views: 1
DECISION ON MOTION FOR RULE 2004 EXAMINATIONS On September 11, 1987, Pennzoil Company (“Pennzoil”), the largest unsecured creditor in these administratively consolidated Chapter 11 cases, filed its motion for an order pursuant to Bankruptcy Rule 2004 and 11 U.S.C. § 105(a) of the Bankruptcy Code directing the debtor Texaco Inc. (“Texaco”) to produce a broad range of documents for examinat...
Views: 2
ORDER CONFIRMING CHAPTER 12 PLAN Hearing on the Debtors’ Chapter 12 Plan, as amended by stipulation with Prudential Insurance Company, was held on October 14, 1987. All creditors have consented to the Plan except the U.S. Small Business Administration (SBA), which has filed with the Court a motion to include in the findings of fact matters relating to the liquidation value of the Debtors’ asset...
Views: 0
MEMORANDUM This is a dispute between the chapter 13 debtor and Finance America over a $150 attorney’s fee that Finance America added to its secured claim for representation in the debtor’s chapter 13 case. The court finds the facts as follows: Finance America filed a proof of claim for $12,822.84 plus a $150 attorney’s fee. The claim is secured only by a second deed of trust on the de...
Views: 3
OPINION The instant Adversary proceeding is an accounts receivable action filed by a Debt- or-in-Possession which was a subcontractor on a building contract against the general contractor on the contract for amounts which the Plaintiff charged for alterations from its initial undertaking. We shall award the Plaintiff the entire sum requested because we believe that the alterations were re...
Views: 1
MEMORANDUM AND OPINION After carefully considering the status of the appeals in this case, we now decide pro se debtor, Edith M. Gracey’s (“debtor”) objection to the proof of claim filed by American Bank (“American”). Viewed together, the Bankruptcy, District, 1 Circuit, 2 and Supreme Court 3 decisions in this case create convoluted chains trailing an...
Views: 0
AMENDED AND SUBSTITUTED ORDER Now before the Court is an Objection to Confirmation of the Debtors’ Second Modified Chapter 12 Plan filed by the United States of America, Farmers Home Administration. The matter came on for hearing September 11, 1987. The debtors appeared personally and by counsel, Rex W. Chronis-ter, Esq. The United States of America, Farmers Home Administration appeared by coun...
Views: 2
MEMORANDUM OPINION Now before the Court is a Motion to Dismiss or In The Alternative Motion for Relief From Automatic Stay filed by three secured creditors in this Chapter 13 case. The matter came on for hearing October 9, 1987. The debtors appeared personally and by counsel, M. Watson Villines, Esq. The Trustee appeared by counsel, Charles Tucker, Esq. Clinton State Bank appeared by its repres...
Views: 0
MEMORANDUM OPINION On June 4,1987, Weldin-Lynn, Inc. (debt- or) filed a voluntary petition for relief under the provisions of Chapter 12 of the Bankruptcy Code. The debtor filed a proposed plan of reorganization on September 1, 1987. Centerre Bank of Kennett, Missouri (bank) and the United States of Amer-ica, Small Business Administration (SBA) filed timely objections to confirmation. On ...
Views: 0
MEMORANDUM At issue is whether the maker of a note with a claim against the original payee can set off that claim against an assignee where the original payee filed bankruptcy before notice of the assignment was given to the maker. Contending that plaintiff is not a holder in due course, defendant, the maker of the note, insists plaintiff holds the note subject to all defenses which would be avai...
Views: 0
MEMORANDUM ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION At issue is whether the debtor’s vested interest in an ERISA 1 qualified profit sharing plan established and funded by his employer, RBX Industries, Inc., is excluded from the debtor’s estate under 11 U.S.C.A. § 541(c)(2) (West Supp.1987). Alternatively, if it is determined that the debtor’s vested interest in the profit s...
Views: 1
ORDER I orally denied confirmation of debtors’ plan upon consideration only of the issue of debtors’ treatment of payments to be made under and outside the plan. The debtors’ proposed chapter 12 plan as modified in a modification dated March 5, 1987, required that payments to all creditors other than *428 payments to the unsecured creditors included in Class III were to be paid “outside of th...
Views: 2
MEMORANDUM AND ORDER This matter is before the Court on debtors’ Objection to Proof of Claim filed on behalf of Bradford Supply Company. The relevant facts are as follows: Debtors filed their Chapter 11 petition on September 5,1986 in the Bankruptcy Court for the Central District of Illinois. The case was subsequently transferred to the Southern District and was received by this Court on Septembe...
Views: 0
ORDER The Debtors in this case have filed an objection to the Proof of Claim of Montana Bank of Bozeman, N.A. (Bank). The Debtors claim that the Bank’s Proof of Claim fails to establish a perfected security interest in Debtors’ 1987 crops. The objection is grounded on the assertions that the Bank’s financing statement failed to adequately contain a description of the real estate on which the crop ...
Views: 2
*845 ORDER Upon the Court’s own motion, the single Petitioning Creditor was ordered to show cause why the venue of this involuntary proceeding should not be transferred from this District. An expedited hearing was conducted on October 20, 1987. The facts pertinent to the venue question are essentially not disputed. On October 14,1987, the United States of America (Petitioning Creditor) file...
Views: 0
MEMORANDUM Contending that defendant, his former wife, is in violation of the automatic stay of 11 U.S.C.A. § 362 (West 1979 & Supp. 1987), the debtor filed his “Complaint For Temporary Restraining Order, Preliminary Injunction, And Permanent Injunction” on February 10,1987. 1 On February 11,1987, this court entered a “Temporary Restraining Order” restraining defendant from pro...
Views: 0
MEMORANDUM AND ORDER ON PLAINTIFFS’ JOINT MOTION TO DISMISS THE COUNTERCLAIM FILED BY MEL KATZ On December 10, 1986, plaintiffs filed their complaint seeking the turnover of proceeds from certain United States Treasury notes, which they contend are property of the Butcher and/or Crabtree estates. On the same date, plaintiffs also filed their “Motion For Temporary Restraining Order And For Prelimi...
Views: 0
OPINION AND ORDER SUSTAINING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT On February 19, 1986 plaintiff Larry E. Staats (the “Trustee”) filed a motion seeking summary judgment on his complaint against defendants William R. and Marlene J. Dineen, Allan F. and Frances E. Crisp, James A. and Dorothy I. Brown, Angelo Haidaris, Robert F. Linton, and Harold B. and Gloria P. Gintert (collectively “Motion Def...
Views: 0
OPINION The instant matter presents a Debtor’s Objection to a Proof of Claim filed by the Debtor’s mortgagee, Home Unity Savings and Loan Association (hereinafter referred to as “Home Unity”). Our need to make factual determinations as to whether and in what amounts mortgage payments were remitted by the Debtor to Home Unity over a seven-year period on a rather piecemeal record causes us to foc...
Views: 3
ORDER OVERRULING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT This matter is before the Court upon a motion filed by plaintiffs Burt D. Miskimen and the Domoney Corporation, seeking leave to amend their previously filed complaint. That motion was opposed by defendant Thomas H. Vennon. For reasons stated below, the Court finds that plaintiffs’ motion should be overruled. The Court has jurisdiction ov...
Views: 0
ORDER DENYING MOTION TO REOPEN CASE This matter is before the Court upon a motion filed on behalf of debtor, William Clifton Brice, seeking to reopen this closed Chapter 7 bankruptcy case to accord relief to the debtor pursuant to 11 U.S.C. § 350. The motion was orally opposed on behalf of Geneva Brice, the debtor’s ex-wife, and was heard by the Court. William and Geneva Brice were divorced in 197...
Views: 0
ORDER SUSTAINING OBJECTION TO CLAIM OF EXEMPTION This matter is before the Court upon an objection to a homestead exemption asserted by debtor Jacquelyn K. Hollar. The objection, filed by Daniel F. Carmack, the duly-appointed trustee in this Chapter 7 bankruptcy case (the “Trustee”), was opposed by the debtor and was heard by the Court. The Court finds the following facts. The debtor...
Views: 2
THIS CAUSE came before the court for trial on September 22, 1987 upon the complaint of the trustee objecting to the claim of Slauko Kohut (the claimant), and to determine the validity, priority and amount of a lien held by the claimant and for declaratory relief. The Court having heard the testimony and examined the evidence presented, observed the candor and demeanor of the witnesses, considered ...
Views: 0
ORDER ANNULLING AUTOMATIC STAY AND VALIDATING PRIOR ACTION This matter is before the Court upon a motion, filed on June 15, 1987 by The Federal Land Bank of Louisville (“FLB”), seeking, in essence, retroactive relief from the automatic stay imposed by § 362 to preserve certain actions taken by FLB which technically violated the stay injunction. That motion was opposed by Charles and Ruth Clark,...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURIAL HISTORY The matter before the Court, the Debtors’ Motion to Avoid Transfer of Real Property Under 11 U.S.C. Section 548(a)(2)(A) and (B)(i), causes us to revisit several of the issues addressed in In re Butler, 75 B.R. 528 (Bankr.E.D.Pa.1987). Believing that the Debtors, though in somewhat less than graceful fashion, made out the pre...
Views: 1
MEMORANDUM OPINION This matter comes before the court on cross motions for summary judgment filed by three of the defendants; Pacific Marine Dredging and Construction (debtor), International Fidelity Insurance Company (International), and Key Bank of Oregon (Key Bank). The parties have consented to a determination of this proceeding by the bankruptcy consultant. Accordingly, this opi...
Views: 1
MEMORANDUM OPINION AND ORDER This matter is before the Court on the motion of the debtor, Renee Mason, for turnover of funds allegedly held by the Illinois State Scholarship Commission (“Commission”) and the Commission’s motion to modify the stay. The relevant facts are as follows: Prior to July 1986, the debtor entered into several loan agreements with the Bank of Ravenswood for Ill...
Views: 1
ORDER OVERRULING OBJECTIONS AND GRANTING APPLICATION FOR AUTHORITY TO EMPLOY SPECIAL COUNSEL Daniel F. Carmack, the duly-appointed trustee for this Chapter 7 bankruptcy estate (the “Trustee”) has applied to the Court for authority to employ James H. Tilberry as special counsel for the Trustee for two specific matters. That application was opposed by Camalloy, Inc. (“Camal-loy”) and Recreo...
Views: 0
FINDINGS, CONCLUSIONS AND ORDER ON MOTION TO DISMISS CHAPTER 12 CASE This matter is before the Court upon a motion filed on behalf of The Federal Land Bank (“FLB”), seeking dismissal of the Chapter 12 case of debtors R. Scott and Carolyn J. Carpenter. The motion was op *318 posed by the debtors and was heard by the Court. FLB contends that the debtors are ineligible for relief under Chapter...
Views: 1
ORDER GRANTING MOTION FOR DETERMINATION THAT MODIFICATIONS OF PLAN DO NOT REQUIRE ACCEPTANCE AND THAT DISCLOSURE STATEMENT CONTAINS ADEQUATE INFORMATION This matter is before the Court upon a motion filed by Adrian, Inc. (orally amended in open court to be The Adrian Company), seeking a determination by this Court that recent modifications to a plan of reorganization proposed jointly by The Adr...
Views: 0
ORDER DENYING PETITION OF SUCCESSOR TRUSTEE TO RETAIN CO-COUNSEL TO PURSUE ADVERSARY ACTION On February 2, 1987 D. William Davis, successor trustee in this Chapter 7 bankruptcy case (the “Trustee”), applied to this Court for authorization to retain attorneys Anthony P. Picadio and Dominic J. Bianco as co-counsel for the prosecution of adversary action No. 2-80-0621, pending before this Court. T...
Views: 1
DECISION Plaintiffs, an unincorporated group of insurers of the S.S. AMERICAN APOLLO, a vessel owned and operated by the debtor United States Lines, Inc. (“U.S. Lines”), seek to reclaim sums totalling $1,899,-448.22 paid to the debtor pursuant to an . insurance agreement. Plaintiffs bring this adversary proceeding to impose a constructive trust on $445,159.12 of the total. They also asser...
Views: 1
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The plaintiff, by Glen Cunningham, has filed a complaint initiating this adversary proceeding in accordance with 11 U.S.C. § 523(a)(5) and Bankruptcy Rule 4007 seeking to have an obligation incurred by the debtor pursuant to a judgment of divorce excepted from discharge. The debtor appears by Marc Ashley and contests the complai...
Views: 1
AMENDED MEMORANDUM OPINION I. Introduction The trustee filed this action against Fidelity Bank of Michigan (“Fidelity”) to recover an alleged preferential transfer of $194,000 made from the debtor to Fidelity. The trustee alleges that the transfer occurred when Francis McMath repaid a loan owed by the debtor to Fidelity and increased the value of his security interest in the debtor’s assets by a ...
Views: 0
This matter is before the Court on the Motion of the Official Creditors’ Committee (“Committee”) to Convert this Case to one under Chapter 7 pursuant to § 1112(b) of the Bankruptcy Code (11 U.S.C. § 101 et seq). Section 1112(b) provides in part that: (b) ... [0]n request of a party in interest or the United States trustee, and after notice and a hearing, the court may convert a ...
Views: 0
AMENDED ORDER DENYING RELIEF FROM DEFAULT JUDGMENT This matter is before the Court upon a motion seeking relief from a judgment of this Court dated October 14, 1986. The motion seeking relief, filed on behalf of defendants Howard and Mary Alice Beaver, is opposed by plaintiff Frank Puckett. The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334(b) and by the Genera...
Views: 0
OPINION As a component of preference litigation initiated by the debtor, the parties here seek a determination of the relative priority of ITT’s security interest in certain property of the debtor. Although the issue presented for decision is narrow, I am required to interpret an ambiguous section of the Uniform Commercial Code involving priorities among conflicting security interests in the same...
Views: 0
MEMORANDUM OPINION Before me are identical motions in two chapter 7 bankruptcy cases by which the debtors seek to have me order the trustee to abandon property of the estate pursuant to 11 U.S.C. § 554(b). I find that they have met their burden as movants under section 554(b) to establish a prima facie case that the property “is burdensome ... or ... of inconsequential value and benefit t...
Views: 2
MEMORANDUM OPINION Confirmation hearing was heard on June 8, 1987. Appearing for debtors was John Ballew of Scottsbluff, Nebraska. Appearing for Security National Bank was Robert Wickersham of Harrison, Nebraska. Facts In April, 1986, debtors entered into a contract with the Commodity Credit Corporation (“CCC”) to participate in a program administered by the Agriculture Stab...
Views: 1
MEMORANDUM OPINION AND ORDER This matter came for hearing on December 5, 1986, on complaint of Misco Industries, Inc., requiring trustee of Misco Supply Company to account and pay for state tax benefits. The plaintiff, Misco Industries, Inc., appeared through counsel, Charles W. Harris and Ronald B. Rose. The trustee, Charles R. Henry, appeared through counsel, Christopher J. Redmond. The “Bank G...
Views: 1
MEMORANDUM OPINION REGARDING MOTIONS FOR SUMMARY JUDGMENT I. Introduction This opinion addresses an issue of law presented by various motions for summary *682 judgment in these three adversary proceedings. Pursuant to 11 U.S.C. § 547, the trustee seeks to recover several payments made by the debtor, Steel Improvement Company, to the defendants within 90 days of t...
Views: 2
MEMORANDUM OPINION DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION The defendants filed a motion to dismiss plaintiffs Wicklund Petroleum Corporation and Willard Wicklund for lack of jurisdiction. For the reasons stated below, the Court concludes that the motion should be denied. The defendants have not consented to the jurisdiction of the bankruptcy court to hear this...
Views: 1
OPINION AND ORDER On December 3, 1985 the debtor herein filed a petition under Chapter 13, Title 11, United States Code, hereinafter referred to as “U.S.C.”. Debtor included in the petition creditor Puerto Rico en la Mano/La Gran Enciclopedia de P.R., Inc., hereinafter referred to as “creditor Enciclopedia”, as an unsecured creditor. *217 On April 9, 1986 creditor Enciclopedia filed a Motio...
Views: 0
MEMORANDUM OPINION This Chapter 11 case was filed May 31, 1983 by Millard Kennedy and Glenwodyne Kennedy (hereinafter “Debtors”). Listed on Schedule A-3 “Creditors Holding Security” is a debt to Bank of Webster, which has now been merged into the Movant herein, Citizens Bank of Americus (hereinafter sometimes referred to as “Creditor”). *951 The Debtors filed a Plan and Disclosure Statement...
Views: 0
DECISION AND ORDER The 523 East Fifth Street Housing Development Fund Corporation (the “Debtor” or “Debtor in Possession”) by motion seeks an order pursuant to Section 363 of the Bankruptcy Code, 11 U.S.C. § 363 (1986) (“the Code”) authorizing the sale of the real property known as 523 East Fifth Street (the “Property”) and all fixtures, machinery and equipment used in connection with the...
Views: 0
OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW ON COMPLAINT FOR DECLARATORY JUDGMENT AND COMPLAINT FOR SPECIFIC PERFORMANCE This matter is before the Court upon two complaints, consolidated for hearing, arising in the Chapter 11 case of Columbus Plaza, Inc. (“Plaza”). The first complaint, adversary 2-87-0216 filed by Donald R. Kenney (the “Complaint”), seeks a declaratory judgment regarding Ke...
Views: 0
OPINION The instant adversarial proceeding causes us to explore whether certain actions of a landlord, in this case a public housing authority, are impermissible in light of the automatic stay arising pursuant to 11 U.S.C. § 362(a) and whether the landlord should be subject to monetary liability, pursuant to 11 U.S.C. § 362(h), for actions which, while we find impermissible, were rather m...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on an adversary proceeding filed by the United States of America (“U.S.”) to determine the dischargeability of a debt of Debt- or/Defendant Russell C. Brown (“debtor”). Both parties have filed motions for summary judgment and memoranda in support thereof. The Court, having reviewed all of the pleadings and affidavits, hereby grants...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL DECREE DECLARING THAT PLAINTIFF DONALD DWAYNE LARSON’S LIABILITY TO DEFENDANT IS NONDIS-CHARGEABLE IN BANKRUPTCY IN THE SUM OF $1,050.00 AND FINAL JUDGMENT THAT DEFENDANT HAVE AND RECOVER THE SAME SUM FROM PLAINTIFF DONALD DWAYNE LARSON This action, in which the defendant 1 seeks a decree of nondischargeability pursuant to § 523(a...
Views: 3
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING MOTION TO DISMISS The matter before the Court is the motion of Metropolitan Life Insurance Company (Metropolitan) to dismiss Debtors’ Chapter 12 case on the grounds of ineligibility. It is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). Having reviewed the pleadings, evidence, and briefs, the Court makes the following Findings of Fa...
Views: 0
MEMORANDUM OF DECISION This case illustrates the tension existing between two principles — the goal of the Bankruptcy Code to provide a fresh start to the honest debtor and the obligation (also recognized under § 523(a)(5) of the Bankruptcy Code) to support one’s spouse and children. At issue is whether a bankruptcy court may consider circumstances existing at the time of the filing of th...
Views: 1
MEMORANDUM OPINION The issue before me is whether a complaint which merely alleges that a debt is *898 nondischargeable under 11 U.S.C. § 523(a) is sufficient to satisfy the 60-day timing requirement under Bankruptcy Rule 4007(c) for filing a dischargeability complaint. If it does, I then need to address debtors’ alternative arguments in their motion relating to the sufficien...
Views: 0
OPINION Three professionals currently representing the Unsecured Creditors Committee in this Chapter 11 bankruptcy have petitioned the Court for authority to represent individual members of the Creditors’ Committee. The three professionals consist of New York general counsel, New Jersey local counsel and a New York accounting firm. 1 Specific authority is sought to file law sui...
Views: 3
OPINION AND ORDER Defendant Family Federal Savings and Loan Association (“Family Federal”) * has moved for summary judgment, on grounds of (i) compromise and settlement and (ii) limitations. Family Federal also seeks Rule 9011 sanctions against plaintiffs’ counsel for having filed a complaint that, Family Federal asserts, is obviously barred on the above two grounds and was int...
Views: 0
MEMORANDUM OPINION STATEMENT OF FACTS On August 29, 1986, George B. Milner, Sr., defendant in this adversary proceeding, filed a complaint in the United States District Court for the Eastern District of Pennsylvania naming All Seasons Resorts, Inc., Raymond Novelli, Thomas McNamee, Michael Mooney and Timothy Ainge as defendants. In the complaint, Milner sought damages for breach of a...
Views: 2
MEMORANDUM OPINION FACTS The Chapter 7 debtor who filed his petition for relief on March 11, 1987, is the grandson of, debtor to, and beneficiary of, Thomas G. Downey, deceased November 16, 1986. Debtor had executed two notes to his grandfather in return for loans. One note dated December 1, 1983, obligated the debtor to pay $50,000.00 in 1993 plus accrued interest at a rate of 9%. T...
Views: 2
MEMORANDUM OF OPINION RE MOTION FOR AUTHORITY TO INCUR SECURED DEBT AND GRANT SENIOR LIEN Chevy Devco is a California General Partnership, consisting of James Alexander, Ronald Baumgarten, Robert Resnick, and George Krebs, all general partners. The partnership’s sole asset is a shopping center located in West Los Angeles. The shopping center is improved with two two- *587 story buildings, a s...
Views: 2
MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon the complaint to determine non-dis-chargeability of a debt allegedly due plaintiffs from the debtor, Patrice Beran. The complaint is based on Sections 523(a)(2) and (a)(4) of the Bankruptcy Code. An amended complaint was thereafter filed asserting as an additional basis for non-dischargeability of the debt, § 523(a)(6). Upo...
Views: 2
ORDER OVERRULING OBJECTION TO CONFIRMATION (BELL FACTION OF BOARDS OF TRUSTEES) This matter is before the Court upon an objection to confirmation of the Plan of Reorganization proposed by The Adrian Company, subsequently modified to become a plan of reorganization jointly proposed, not only by Adrian, but also by the Flowers faction of the boards of trustees of Mount Vernon Plaza Community Urban ...
Views: 0
MEMORANDUM OPINION On April 17, 1987, debtor filed a petition for relief under Chapter 7 of the Bankruptcy Code. He listed $62,388.00 in assets, $14,771.04 in taxes owing the State of Missouri, $73,613.00 in secured debts and $593,013.28 in unsecured debts. Of the *875 latter amount, the Federal Deposit Insurance Corporation as successor to Indian Springs Bank and Republic Bank was the larges...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON MOTION FOR PAYMENT OF POST PETITION EXPENSE AND SURRENDER OF LEASED PREMISES Joy Technologies, Inc. (“Joy”) seeks an order requiring the debtor, Sullivan Machinery Company (“Sullivan”), to immediately vacate a manufacturing plant leased by Joy to Sullivan, promptly pay rent until the property is vacated, and perform other obligations under a sublease. T...
Views: 0
OPINION AND ORDER ON MOTION TO CONFIRM PLAN This matter came before the Court on the Debtors’ motion to confirm their Chapter 12 Plan. Objections have been filed by, among others, Farmers Home Loan Administration (“FmHA”) and the Federal Deposit Insurance Corporation (“FDIC”). Both FmHA and FDIC have claims against the Debtors which are secured by security agreements and financing stateme...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY Approximately five months ago we issued an Opinion addressing this Adversary proceeding and other related matters involving this Debtor, reported at 75 B.R. 575 (Bankr.E.D.Pa.1987). There, we attempted to set forth a logical procedural progression which would ultimately allow us to resolve all of the matters addressed therein. As we expe...
Views: 1
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The debtors, by Howard D. White, have brought a motion pursuant to 11 U.S.C. § 522(f) and Bankruptcy Rule 4003(d) to avoid liens. The Farmers Home Administration (FmHA) appears by Assistant U.S. Attorney, Sheree L. Gowey, and objects to the motion. By agreement of the parties, the issues have been submitted to the Court for dete...
Views: 1
*138 ORDER DEFERRING ACTION ON DISCLOSURE STATEMENT FILED BY DEBTOR-IN-POSSESSION This chapter 11 proceeding came on for hearing on September 21, 1987 on Proponents’ Motion For Approval Of First Amended Disclosure Statement, hereinafter referred to as Proponents’ (John Ga-non and Stephen Chicklis) Disclosure Statement. By Order dated September 25, 1987 the court approved Proponents’ Disclosur...
Views: 0
DECISION ON SUMMARY JUDGMENT Plaintiff has sought summary judgment on the ground that obligations arising from paternity suits are nondischargeable under 11 U.S.C. § 523(a)(5). Plaintiff obtained a *271 state court judgment in the Sixteenth Judicial District, Parish of St. Martin, for past due and future child support; a judgment for $1,573.15, with legal interest thereon, for one-half of the...
Views: 1
OPINION DISMISSING COMPLAINT The instant adversary complaint came on for hearing before the United States Bankruptcy Court for the District of Maryland at Baltimore on October 27, 1987. The parties stipulated to all of the material facts. The plaintiff, a Chapter 7 debtor, filed the instant complaint to avoid or reduce the second mortgage held by the defendant and secured by the debtor’s princi...
Views: 0
MEMORANDUM AND ORDER GRANTING MOTION FOR MODIFICATION OF AUTOMATIC STAY The matter before the Court is the Motion for Modification of the Automatic Stay to proceed with a Sheriff’s Sale in a foreclosure action filed by Federal Land Bank of Omaha (FLB). The Court having reviewed the evidence and the arguments of counsel now makes the following Findings, Conclusions, and Order pursuant to F...
Views: 0
FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER Re: Determination of Secured Status The matter before the Court is a Complaint to Determine Secured Status filed by Columbus Junction State Bank (Bank) on April 30, 1987. On August 10, 1987 a pre-trial conference was held and at its conclusion both parties were given 30 days in which to submit briefs on the issues. Trustee has since advised the Co...
Views: 0
OPINION The instant matter, the Fifth Application of Cohen, Shapiro, Polisher, Shiekman and *45 Cohen (hereinafter referred to as “the Applicant”) for Interim Attorneys’ Fees for Professional Services rendered on behalf of the Debtor in Possession, has been remanded for findings or an explanation of the rationale for any disallowances in the amount claimed. In the instan...
Views: 1
MEMORANDUM OPINION AND ORDER On August 12 & 14, 1987, this matter came for hearing on the confirmation of the debtors’, George Peter Reitz and Karen Kaye Reitz, chapter 12 plan, and on the objection of the United States to such confirmation. The debtors appeared in person and by counsel, Steven R. Wiechman and Stanley R. McAfee. The United States, acting through its agency, Farmers Home A...
Views: 1
MEMORANDUM AND OPINION Mid-States Mortgage Corp. (“Mid-States”) has filed this motion for relief from the automatic stay against Melonaise Heath (“debtor”), a co-owner of property subject to Mid-States 1 first lien position. In spite of debtor’s failure to make any post-petition mortgage payments, we find that the current equity cushion adequately protects Mid-States’ interest....
Views: 2
OPINION I McClain Airlines, Inc., a debtor in possession in a voluntary business reorganization under Chapter 11 of the Bankruptcy Reform Act, seeks to assume an alleged exec-utory contract with the Federal Aviation Administration (“FAA”). 11 U.S.C. § 365(a), Rule 6006(a), F.Bk.R. Debtor’s motion is supported by the official unsecured creditors’ committee and opposed by th...
Views: 3
MEMORANDUM DECISION On February 12, 1983, William Wagner struck Conrad Molldrem in the head four times with an iron bar. As a result of his injuries Conrad died. Wagner was prosecuted for first degree murder but was acquitted. In 1985, the plaintiffs herein, Conrad’s widow, Carol, his estate, and his medical insurer Blue Cross/Blue Shield brought a wrongful death suit against Wagner in Ci...
Views: 2
FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER RE: LIEN AVOIDANCE The matter before the Court is the Debtors’ motion to avoid the lien of Security State Bank (Bank). The Court, being fully advised, makes the following Findings of Fact, Conclusion of Law and Order pursuant to Fed.R.Bankr.P. 7052. This is a core proceeding under 28 U.S.C. § 157(b)(2)(E). FINDINGS OF FACT The follow...
Views: 1
MEMORANDUM OF DECISION ON MOTIONS FOR USE OF CASH COLLATERAL, RELIEF FROM AUTOMATIC STAY, AND LOST OPPORTUNITY PAYMENTS FACTS The debtor operates a large “cow-calf” cattle business. It filed its Chapter 11 petition on December 3, 1986. The principal creditor in the case is San Luis Obispo Production Credit Association (“PCA”), which was owed approximately $3.1 million on the petition date, secured...
Views: 1
DECISION & ORDER The debtor moves this court for an order pursuant to § 549 of the Bankruptcy Code (the “Code”) vacating the transfer of her real property to Milton Berlin and Constance Klein (the “Purchasers”) who purchased her interest in a duly conducted, post-petition, state court foreclosure action. The facts are considerably more complex than the law to be applied in this case....
Views: 0
MEMORANDUM AND ORDER The matter comes to be heard on the motion of Sharon Steel Corporation (“Sharon”) seeking court approval of its Rejection of an Executory Contract with National Fuel Gas Distribution Corporation (“NFG”) dated June 15, 1976. Factual Background 1 Sharon, a manufacturer of steel and steel products, filed its voluntary petition pursuant to Chapter 11 of the Bankruptcy C...
Views: 1
ORDER The trustee is before the court on a renewed motion for partial summary judgment seeking avoidance and recovery as a preferential transfer the tax levy made upon the debtor, Healthcare Services, Inc. (HSI).1 FINDINGS OF FACT On March 5, 1985, less than a month before HSI filed its bankruptcy petition on March 29, 1985, the United States of America (“United States”) seized $294,875.86 from H...
Views: 1
MEMORANDUM OPINION Before us in both of the instant related bankruptcy cases are identical Motions filed in each case by DR. JAMES A. HARRINGTON (hereinafter referred to as “Harrington”) and COOPER LASERSON-ICS, INC. (hereinafter referred to as “Cooper”) (collectively Harrington and Cooper are referred to hereinafter as “the Mov-ants”) seeking a declaration that certain of the claims whic...
Views: 1
OPINION The instant proceeding, by stipulation of the parties, concerns but one issue: whether the pre-1980-amendment version of the Truth-in-Lending Act, (hereinafter referred to as “TILA”), particularly 15 U.S.C. § 1640(a) thereof, authorizes a separate recovery of applicable statutory damages to each obligor or only a single recovery to all obligors. 1 Although the creditor ...
Views: 2
DECISION In this adversary proceeding, plaintiff, a former employee of defendant/debtor, seeks dischargeability relief pursuant to 11 *727 U.S.C. § 523(a)(6), willful and malicious injury to the person or property of another. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). A bench trial was held. The facts we find are as follows. Plaintiff and defendant had ...
Views: 0
ORDER Presently before the court is the motion of the United States of America, on behalf of its agency the. Department of Health and Human Services, (“HHS”), to dismiss the complaint in the above-styled adversary proceeding for lack of subject matter jurisdiction. In the underlying complaint the trustee of the estates of the debtors objects to the allowance of certain claims filed by HHS...
Views: 4
ORDER Came on for consideration Louisiana Power & Light Company’s Emergency Motion for Expedited Hearing, or Alternatively Request to Shorten Notice, on Emergency Motion to Stay of the Cash Out Election Under Debtors’ Plan of Reorganization Pending Appeal and Emergency Motion of Louisiana Power & Light Company for Stay Pending Appeal. This court granted Louisiana Power & Light’s Emergency...
Views: 0
OPINION The instant proceeding presents an issue which our research indicates has rarely been addressed by other bankruptcy courts: does a law firm representing a Chapter 11 debtor-in-possession (hereinafter referred to as “DIP”) have a duty to invest funds held by it in an interest-bearing account, such that the firm will be liable for interest which could have been received when it fail...
Views: 4
DECISION ON OBJECTION TO ORDER OF SALE Debtor herein, pursuant to 11 U.S.C. § 363(b), moved for an order approving an option and purchase agreement between debtor and Plant Process Equipment, Inc. (“PPE”) relating to debtor’s bulk liquid carbon dioxide processing facility located near Joplin, Missouri (“Joplin plant”). An order authorizing the sale was entered July 31, 1986 (Doc. No. 375)...
Views: 0
OPINION The instant dispute arises on Objections of the Trustee, WILLIAM SCHAPS, to secured Proofs of Claim filed by sixteen individuals (hereinafter referred to as “the Claimants”) totalling in excess of $625,000.00, in the instant Chapter 7 voluntary business bankruptcy. 1 The issue presented is whether the Claimants, having been required to pay in full, pre-petition, upon le...
Views: 1
MEMORANDUM AND OPINION We now deny the motion filed on September 17, 1987 by Stanley A. Rabzak (“debt- or”), and styled “Debtor’s Motion to Remove a Summons Matter Pertaining to Debtor’s Vacant Woodland, Processed by a Justice of the Peace, From the Justice of the Peace to a Federal Court, United States Bankruptcy Court” (“motion”). Both the trustee and the Ruscombmanor Township Superviso...
Views: 0
ORDER On February 4,1987, Carlisle Syntec Systems (“Carlisle”) filed a petition seeking entry of an order for relief under Chapter 7 of Title 11, United States Code, against the J.B. Lovell Corporation (“debtor”). The petition alleged that Carlisle was the holder of a claim against the debtor of $916,064.86 for merchandise sold and delivered on open account. Debtor originally filed a moti...
Views: 1
ORDER ON MOTION TO EXPUNGE NOTICE OF LIS PENDENS This matter is before the Court on State Federal Savings and Loan Association and Sierra Gateway Development, Inc.’s (“State Federal”) motion to expunge the notice of lis pendens filed by Kaiser Steel Corporation (“Kaiser” or “plaintiff”) in San Berna-dino County, California. Both State Federal and Kaiser submitted briefs...
Views: 2
MEMORANDUM DECISION This matter is before the court on creditor Steven Haley’s motion 1 to determine *915 the nature and extent of a lien on money now in the possession of the Chapter 7 trustee. 2 The money represents the amount received by the trustee from the compromise of a fraudulent conveyance action involving a prepetition transfer of the debtor’s inventory. JURISDICTION This co...
Views: 1
MEMORANDUM OPINION First RepublicBank Temple, N.A., is the indenture trustee for $15.5 million worth of revenue bonds issued by the Bell County Health Facilities Development Corporation for the Village on Canyon Creek project. Capital raised by the bond issue went toward the construction of a retirement community operated by Temple Retirement Community, Inc., the Debtor in this case. The Debtor...
Views: 1
MEMORANDUM OPINION INTRODUCTION Air One, Inc. (“Air One”) filed its voluntary Chapter 11 case in this District of October 26, 1984. On January 1, 1985, Flight Support International, Inc. (“Flight”) filed its Proof of Claim No. 449 in the amount of $813.50. On November 28, 1986, Air One filed a two-count Complaint against Flight. In its first count Air One seeks to avoid and recover f...
Views: 4
MEMORANDUM DECISION Donnie Lee Mahoney, a Chapter 11 debt- or, seeks confirmation of his plan of reorganization. Confirmation of the plan is opposed by the Internal Revenue Service and Chalet & Associates, an unsecured creditor. This controversy is a core matter pursuant to 28 U.S.C. § 157(b)(2)(L). PLAN SUMMARY Mahoney’s Chapter 11 plan is to transfer his assets, including...
Views: 2
MEMORANDUM OPINION THIS MATTER came on for hearing before this Court on October 5, 1987, in Greensboro, North Carolina before the Honorable Rufus W. Reynolds, United States Bankruptcy Judge for the Middle District of North Carolina, upon the Debtors’ motion for preliminary injunction to allow the plaintiffs to remain in possession of certain real property. Having considered Debtors’ ...
Views: 4
MEMORANDUM OPINION INTRODUCTION National Service Lines, Inc. (“National”) filed its voluntary Chapter 11 case in this District on January 27, 1986. On September 2, 1986, National’s case was converted to Chapter 7. On February 17, 1987, Cass Bank and Trust Company (“Cass”) filed its Application For Allowance Of Administrative Expense. On April 2, 1987, National’s Trustee in bankruptcy filed hi...
Views: 1
MEMORANDUM OPINION INTRODUCTION On June 7, 1985, Plaintiffs, Chapter 11 debtors herein, filed their Complaint against Defendants, J.E. Stevenson, Jr. (“Stevenson”), Stevenson Investment Company (“Stevenson Investment”) and G. Cullen Dixon (“Dixon”) to recover sums allegedly due on a promissory note. On June 29, 1985, Defendants filed their Answer pleading release as their affirmative defense and ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on October 27,1987 for trial on the issue of damages, upon the Complaint of William D. Seidle, trustee for the Estate of AIRLIFT INTERNATIONAL, INC. (“Airlift”), as an adversary proceeding against John Knevett Spicer (the “defendant”) pursuant to Bankruptcy Rule 7001(1) for recovery of compensatory damages for proceeds pay...
Views: 1
MEMORANDUM OPINION INTRODUCTION Valle Feed of Farmington, Inc. (“Valle”) filed its voluntary Chapter 11 case in this District on May 24, 1984. Thereafter, Farmers Production Credit Association, formerly known as Farmington Production Credit Association (“Farmers”), filed a Motion for relief from the automatic stay in which it requested authority to foreclose on allegedly secured prop...
Views: 1
MEMORANDUM OPINION AND ORDER ON COMPLAINT FOR INJUNCTIVE RELIEF, PETITION TO SHOW CAUSE, AND PETITION FOR DECLARATORY JUDGMENT This core proceeding 1 was initiated by the filing of an adversary proceeding by the Debtor, William J. Rickman, on April 23, 1987. The Debtor filed his Chapter 7 Petition on April 14, 1987, and an Order of Discharge was entered on August 6, 1987, with the general dis...
Views: 2
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Debtors’ Objection to Claim of World Savings and Loan Association (“World”). This Court has jurisdiction over this matter under 28 U.S.C. § 1334 and 28 U.S.C. § 157. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (B) and (E). Prior to the Debtors’ bankruptcy, World held a deed of trust on the Debtors’ 7...
Views: 2
DECISION AND ORDER DENYING MOTIONS TO DISMISS AND TRANSFER; JURY DEMAND TRANSMITTED TO DISTRICT COURT FOR REVIEW OF REFERENCE This matter is before the Court upon the motion of defendants, A.L. Strasburger, L. Strasburger & Sons, d/b/a Associated Distributing Company, and Leroy Strasburger to dismiss the complaint for lack of personal jurisdiction or alternatively, to transfer this case t...
Views: 1
MEMORANDUM OPINION AND ORDER RE: MOTION TO DISMISS CHAPTER 13 PETITION AND FOR RELIEF FROM AUTOMATIC STAY This cause is before the Court on the Motion to Dismiss the Debtor’s Chapter 13 *758Petition and for Relief from the Automatic Stay filed by Jones Furniture Company (Jones). At issue is whether this Debtor is precluded from Chapter 13 relief by the language of 11 U.S.C. § 109(g)(1). The follow...
Views: 0
MEMORANDUM OPINION AND ORDER THESE MATTERS come before the Court on the Debtors’ Motions to Reclassify a Claim of the Internal Revenue Service (1) from a secured to an unsecured priority claim, and (2) to reclassify any pre-petition penalties from a secured or priority claim to a general unsecured claim. There are common legal issues in both cases and therefore the Court will rule on them joint...
Views: 2
MEMORANDUM OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT The instant core proceeding 1 came on to be heard on October 19, 1987. The issue for judicial determination is whether the debt to the First Bank of Castle Rock, Colorado, is dischargeable under § 523(a)(2)(B). The pertinent facts alleged in the amended complaint are that the plaintiff, First B...
Views: 1
CERTIFICATION OF CONTEMPT I, Burton R. Lifland, Bankruptcy Judge in the above-entitled case, upon the Application of Bert K. Bergenfield, the duly appointed and qualified Chapter 11 Trustee (the “Trustee”) of Sasson Jeans, Inc. (“Sas-son” or the “Debtor”), and after a hearing held on November 19, 1987, on due notice to Paul Guez, do hereby respectfully submit the following Proposed Findin...
Views: 1
ORDER ON OBJECTION TO CONFIRMATION OF CHAPTER 12 PLAN On August 24, 1987 a hearing on confirmation of the Chapter 12 plan came on for hearing in Des Moines, Iowa. Among the attorneys present were Thomas P. Rezni-cek appearing on behalf of the debtors and Linda R. Reade, Assistant U.S. Attorney, appearing on behalf of the Internal Revenue Service (IRS). By the time of the hearing, the only outst...
Views: 2
MEMORANDUM OF DECISION AND ORDER On April 16, 1987 a motion to terminate automatic stay and a motion to compel debtor to assume or reject executory contract filed on behalf of Maurine Helena Spring and resistances thereto filed on behalf of the debtor came on for telephonic hearing before the court in Des Moines, Iowa. Donald R. Clark appeared on behalf of Maurine Helena Spring and Marlyn...
Views: 3
MEMORANDUM OPINION INTRODUCTION On October 29,1987, the United States of America (hereinafter the “United States”) filed a Motion To Amend Judgment (hereinafter the “Motion”) seeking the amendment of this Court’s Order of October 20, 1987, 78 B.R. 979, overruling the Objection To Confirmation filed by the United States of America on behalf of the Internal Revenue Service (hereinafter...
Views: 2
MEMORANDUM ORDER This proceeding came on for hearing on the plaintiffs motion for partial summary judgment. Steven J. Kluz appeared for the plaintiff. Clark T. Whitmore appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(B) and (O). Based on the evidence, memoranda of co...
Views: 1
OPINION In this adversary proceeding, the trustee, Leo F. Doyle, has filed a motion for partial summary judgment with respect to count 3 of a complaint filed by him against the debtor on November 12, 1985. Count 3 requests a turnover order pursuant to section 542 of the Bankruptcy Code. Two items are concerned: a lithographic plate valued at $95,000.00 and several Individual Retirement Ac...
Views: 3
Findings of Fact, Conclusions of Law And Judgment I Statement of Proceedings This adversary proceeding came on for bench trial on October 9, 1986, on the complaint filed by Household Finance Corporation (hereinafter: “HFC”) filed January 14, 1986, asserting the alleged indebtedness to it by the Debtor Dewayne R. Howard (hereinafter: “Debtor”) should be determined by this...
Views: 0
STATEMENT OF CASE On November 6, 1984, Curtis Fred Holland and Cynthia S. Holland, Debtors, filed a joint petition for relief under Chapter 7 of the Bankruptcy Code. Coleman Tidwell was appointed as trustee of their bankruptcy estate on December 5, 1984. 1 Martin Terrell Gay, Plaintiff, filed a complaint to determine dischargeability of debt against Curtis Fred Holland, Defendan...
Views: 1
MEMORANDUM OPINION ON MOTION FOR REHEARING Former counsel for the Debtors, Akin, Gump, Strauss, Hauer & Feld (“Akin, Gump”), has petitioned for a rehearing on this Court’s Opinion of June 23, 1987, as revised September 16,1987, 77 B.R. 97: In that Opinion, Akin, Gump was disqualified as counsel for the various Debtors. In consideration of this motion for rehearing, the Court ordered the p...
Views: 2
MEMORANDUM OPINION REGARDING AVOIDANCE POWERS IN CHAPTER 13 CASES On August 5,1987, Mary L. Mast, “Debt- or”, filed her Petition for Relief Under Chapter 13 of the Bankruptcy Code. 11 U.S.C. § 301; 11 U.S.C. §§ 1301-1330. 1 Brett N. Rodgers, “Trustee”, was subsequently appointed by the Court to serve as the trustee in connection with the case. On August 5, 1987, the Debtor...
Views: 3
ORDER SUSTAINING OBJECTION TO PLAN AND GRANTING RELIEF FROM STAY This matter is before the court upon Richard K. Foster and Deanna K. Foster’s objection to Debtor’s chapter 13 plan and their motion to reject land installment contract, abandon real property, and for relief from stay. Upon consideration thereof, the court finds that their objection is well taken and should be sustained and ...
Views: 3
MEMORANDUM AND ORDER By Amended Complaint filed November 26, 1986, the plaintiff, Citizens State Bank of Ray (Bank), invoking section 506 of the Bankruptcy Code, asserts that its claim against the estate is fully secured by virtue of a perfected security interest in various items of personal property and is also perfected against certain real property by virtue of a judgment lien. The Bank also r...
Views: 1
ORDER DENYING FIRST AMENDED JOINT MOTION OF PAUL V. JONES, TRUSTEE FOR FREDERICK PETROLEUM, AND SEOR, INC., TRUSTEE, TO REPLACE OPERATOR, EMPLOY SEOR, INC., TRUSTEE, AS A NEW OPERATOR, FOR MODIFICATION OF THE JUNE 5, 1985 CASH COLLATERAL ORDER, AND JULY 24, 1986 AMENDMENT THERETO, FOR APPROVAL OF TRANSFERS OF PROPERTY UNDER 11 U.S.C. § 363(C)(1), AND FOR RELATED RELIEF This matter is befo...
Views: 2
MEMORANDUM OF DECISION On August 4,1987, the Chapter 11 Trustee of Gladding Cordage Corporation, an affiliate of Paris Industries Corporation, filed a notice of intended sale of Gladding’s real and personal property, situated at South Otselic, New York. 1 The proposed sale resulted from a written offer, dated June 26, 1987, received from Continental Cordage Corporation of Cazen...
Views: 1
MEMORANDUM OPINION AND ORDER ALLOWING ATTORNEY’S FEES This matter first came for hearing on August 20, 1987, on the request of debt- or/defendant, Randall John Galemore, through his counsel, William 0. Isenhour, Jr., for allowance of attorney’s fees against the plaintiffs. The plaintiffs, DMK, Inc., Ronald D. Wrestler, and Henry W. Green, P.A:, trustee for the bankruptcy estate of John Eugene Gal...
Views: 2
OPINION This appeal concerns the contention by appellant that he is entitled to a constructive trust in the proceeds of the sale of a parcel of real property. The trial court, in granting summary judgment on behalf of the trustee, held that the plaintiff could not prevail against the trustee by virtue of 11 U.S.C. Section 544. We agree. FACTS The Tleels, appellees/debtors, acquir...
Views: 2
OPINION Appellant Credit Alliance Corporation appeals the bankruptcy court’s order retroactively authorizing the employment of special counsel for the debtor. Because we conclude that the requirements for issuing the retroactive order were not satisfied, we reverse. FACTS The debtor, Vivian Crook, filed a Chapter 11 petition in the Bankruptcy Court for the District of Oregon in ...
Views: 0
OPINION The movants in the court below and their attorney appeal the trial court’s imposition of sanctions for prosecuting a motion for relief from the automatic stay. Appellees argue that the sanctions were properly imposed by the trial court and seek additional sanctions for the instant appeal. We REVERSE. FACTS The debtor, Richard Lewis, filed a Chapter 13 petition on May 28, 1986. On th...
Views: 1
MEMORANDUM AND OPINION Tri County Land & Coal Company (“Tri County”) has presented a multi-faceted motion requesting relief from the automatic stay in the bankruptcy of West Pine Construction Company (“debtor”). Since we find that the lease in question has terminated automatically in accordance with its terms, the debtor no longer has any property interest in the lease, and Tri-County may...
Views: 2
DECISION ON ORDER DENYING DEFENDANT’S MOTION TO DISMISS I. INTRODUCTION OF ISSUES PRESENTED This adversary proceeding involving the collection of a prepetition account receivable presents significant issues of statutory interpretation concerning the amendments to Title 28 enacted in connection with the Bankruptcy Amendments and Federal Judgeship Act of 1984, Public Law 98-353, (BAFJA...
Views: 3
OPINION This adversarial proceeding, brought by the Chapter 7 Trustee of the Debtor to recover an alleged preferential transfer from the Debtor to the Defendant Commonwealth for tax liabilities, turns on whether the Trustee has met the requirement set forth in 11 U.S.C. § 547(b)(5), which recites that the creditor must receive more as a result of the transfer than it would have received i...
Views: 3
ORDER Plaintiff-trustee brought this adversary proceeding seeking to avoid debtor’s preferential transfer to defendant. The cross motions for summary judgment of plaintiff-trustee and defendant came on for hearing before the court on August 3, 1987. The court finds this matter constitutes a core proceeding within the meaning of 28 U.S.C. Section 157(b)(2)(F). After considering the briefs ...
Views: 1
MEMORANDUM OPINION STATEMENT OF THE CASE On August 25, 1986, Joseph Thomas Wommack, Sr., Debtor, filed a petition for relief under Chapter 13 of the Bankruptcy Code. Debtor submitted a plan which proposes to pay general unsecured creditors an amount equal to six percent of their claims. On October 24, 1986, Camille Hope, Trustee, filed an objection to confirmation of the Chapter 13 p...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Trustee’s Motion for Summary Judgment and Memorandum in Support Thereof, and Plaintiff’s Memorandum in Opposition to Trustee’s Motion for Summary Judgment. The Court has reviewed the Motions, Memorandums and Exhibits filed by the parties, as well as the entire record in this case. Based on that review and for the following ...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Defendant’s Motion for Summary Judgment and Dismissal and Memorandum in Support of Defendant’s Motion for Summary Judgment and Dismissal. The Plaintiff has filed a Memorandum in Opposition to Defendant’s Motion for Summary Judgment and Dismissal. The Court has reviewed the Motion and Memoranda, as well as the entire record ...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Complaint for Revocation of Discharge of Debtors filed by the Trustee. A Trial on the Complaint was held. At the Trial, the parties had the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the arguments, the transcripts which were admitted into ev...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CASE came on to be heard on October 13th, 20th, and 22nd, 1987 upon the Complaint of the debtor, Riverside Shoppes, Ltd., (“Riverside”) for a determination by the Court as to the validity, priority and amount of lien or claim as asserted by defendant, Chicago Title Insurance Company, (“Chicago Title”), pursuant to 11 U.S.C. Section 506, and the Court h...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Complaint for Enforcement of Injunction and Attorney Fees. At Pre-Trial, the parties agreed to a binding one hour Mini-Trial with both parties giving up their right to cross-examination. At the Mini-Trial, each side had thirty minutes to present the arguments and testimony that they wished the Court to consider in rendering...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Trustee’s Objection to Debtor’s Claim of Exemption. At the Hearing, the parties agreed that the Trustee’s Objection to the Debtor’s homestead exemption was primarily an issue of law. Both parties filed Memoranda on the subject, and submitted a stipulation as to the relevant facts. The Court has reviewed the Stipulat...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Motion for Summary Judgment with Sup *95 porting Memorandum filed by Sears, Roebuck & Company. The Defendant has not filed any response to Plaintiffs Motion for Summary Judgment. The Court has reviewed the Motion and Memorandum, as well as the entire record in this case. Based upon that review, and for the foll...
Views: 0
DECISION GRANTING PLAINTIFF’S COMPLAINT TO RECOVER PREFERENTIAL TRANSFER This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Order Of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B) — allowance or disal-lowance of claims against the estate ..., (E) — orders to turn o...
Views: 2
MEMORANDUM DECISION INTRODUCTION This proceeding comes before this court upon an application of debtors’ counsel for allowance of compensation pursuant to section 330 of the code. 11 U.S.C. § 330. Applicants have submitted a chronological summary of the time spent and the services rendered by each attorney working on the case. They are seeking compensation in the sum of $3,360.25 for...
Views: 4
ORDER This cause comes before the Court after Trial on Complaint Objecting to Discharge and Dischargeability of Debt. Several Pre-Trials were held on these matters and the parties were given the opportunity to file Pre-Trial briefs with the Court. At the Trial, the parties presented the testimony, documents and arguments they wished to have the Court consider in rendering its decision. Th...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Motion to Modify Claim of the Small Business Administration. Two informal Hearings were held on this matter, after which the parties agreed that the issues presented were primarily questions of law. Accordingly, the parties submitted Briefs, and the exhibits that they wished the Court to consider in reaching its decision. T...
Views: 1
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY This proceeding, which is present in our court due only to an unusual set of procedural circumstances, reveals, in the series of cross-claims filed, the very human tendency to blame third parties for situations which arise in large part from the attempts of persons to serve their own self-interests at the expense of concern for the conse...
Views: 1
MEMORANDUM OPINION INTRODUCTION On May 8, 1987, Plaintiff, United States of America, filed a Complaint against Debt- or requesting the Court to declare Debtor’s restitution obligation imposed as part of a criminal sentence nondischargeable and to grant Plaintiff judgment against her in the sum of $7,045.00, the amount of the obligation. On June 12, 1987, Debtor filed her Answer conte...
Views: 1
DECISION GRANTING MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF, TRUSTEE, JAMES R. WARREN This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Order Of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F) — proceedings to determine, avoid, or recover preferences and (O) — other...
Views: 1
MEMORANDUM OPINION Now before the Court is a Complaint Objecting to Dischargeability pursuant to 11 U.S.C. § 523(a)(2)(B) filed by AVCO Financial Services (AVCO) in this Chapter 7 case. The matter came on for hearing November 9, 1987. The debtors appeared personally and by counsel, Martha Gilpa-trick. AVCO appeared by counsel, Ralph Waddell, Esq., and the Trustee appeared pro se. This Court...
Views: 2
ORDER Before the Court is an amended motion for summary judgment on a complaint for turnover of funds. Harvey Morrison, Chapter 7 Trustee, is substituted for the original plaintiff J.A. Clark Mechanical, Inc. (Clark), former Debtor-in-Possession in the converted Chapter 11 case. Defendants are Case Western Reserve University (CWRU), Independence Bank, Internal Revenue Service (IRS) and Cl...
Views: 2
*615 ORDER In this Chapter 12 case, hearing on the Debtors’ Amended Plan was held on October 29, 1987, together with objections to the Plan filed by the Federal Land Bank of Spokane (FLB) and the Farmers Home Administration (FmHA). The FLB’s objection can be trifurcated into (1) feasibility, (2) valuation and (3) market rate of interest. The FmHA’s objection was based on the inte...
Views: 0
OPINION AND ORDER ON OBJECTION TO THE CLAIM OF COLUMBUS MORTGAGE, INC. This matter is before the Court on the debtors’ objection to the claim of Columbus Mortgage, Inc. filed in the amount of $47,-338.23, and listed as claim number 9. Co *152 lumbus Mortgage timely filed its opposition to that objection, and the matter came on for hearing on July 13, 1987. The Court has ...
Views: 1
MEMORANDUM DECISION INTRODUCTION This matter is before the Court on the Chapter 7 trustee’s objections to claimed exempt personal property in the above-entitled cases. The parties have agreed to consolidate the two cases for the purpose of determining this matter. Specifically, the trustee contends that the interests of the debtors Deborah Bowen and Douglas Bowen in a profit-sharing ...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Avoid Transfer. The Complaint was filed by Brown Family Farms, Inc. while it was doing business under Chapter 11 of the Bankruptcy Code. Federal Land Bank of Louisville applied for leave to intervene, pursuant to Bankruptcy Rule 7024, as a party in interest. After the Debtor’s conversion to a procee...
Views: 1
MEMORANDUM OPINION AND ORDER FINDING DEBT DISCHARGEABLE Plaintiff, who is debtor’s ex-wife, filed an action to determine dischargeability of debts under 11 U.S.C. § 523(a)(5), which excepts from discharge debts owed to a former spouse for maintenance or support in connection with a separation agreement or divorce decree. The issue is whether debtor’s obligation to pay certain marital debt...
Views: 2
MEMORANDUM AND ORDER DENYING MOTIONS OF DEBTOR AND FRANCIS A. WRIGHT TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER The Trustee obtained an order authorizing him to conduct a Bankruptcy Rule 2004 *489 examination of Harry Smith, an accountant with the firm of Francis A. Wright & Co. The scope of examination is set forth in Rule 2004(b). The Trustee served a subpoena duces tecum o...
Views: 2
OPINION AND ORDER AVOIDING LIEN IN THE AMOUNT OF DEBTORS’ EXEMPTION This matter is before the court upon Debtors’ motion to avoid lien and creditor Lima Contracting Company, Inc.’s response thereto. Upon consideration thereof, the court finds that Debtors’ motion should be granted in the amount of their exemption. FACTS On November 12, 1986, Debtors filed their voluntary petition under chap...
Views: 1
MEMORANDUM OPINION Presently before the Court is a Complaint For Turnover brought by the Small Business Administration (hereinafter “SBA”) against the Trustee. The SBA alleges that certain funds in the Trustee’s possession constitute proceeds of its perfected security interest in accounts receivable, and that said funds should be turned over to the SBA. The Trustee argues that the funds hav...
Views: 3
DECISION This case is an adversary proceeding commenced by plaintiff under 11 U.S.C. § 523(a)(9) 1 to determine that the obligation owed by defendant to plaintiff is nondischargeable. The defendant had previously moved for dismissal of the case as untimely under 11 U.S.C. § 523(c) and Bankruptcy Rule 4007, which motion was denied. Plaintiff now moves the Court for summary judgment under Bankr...
Views: 1
MEMORANDUM OPINION AND ORDER W.K. Montgomery was in the construction business. He filed for bankruptcy under chapter 7. In his schedules, he listed under property claimed as exempt (Schedule B-4), the following real property: 1. Homestead — 1.7 acres, rural homestead, Kerr County, 505 N. Main Street, Ingram, Texas 78025; 2. Meadows or River Hill, No. 2, Lots 1-20 and 22-27; ...
Views: 2
MEMORANDUM OPINION Presently before the Court is a Complaint For Specific Performance, or in the alternative, Money Damages And Civil Contempt brought by the Plaintiff, Rose-crest Enterprises, Inc. (“Debtor”) against the Defendants, Highland, Inc. (“Highland”), George Banks (“Banks”) and Arthur M. Balthrop, III (“Balthrop”), for their failure to purchase Debtor’s ass...
Views: 2
OPINION AND ORDER This matter came on to be heard on the Trustee’s motion for summary judgment. The facts and the issue in this case are straightforward. The Debtor gave the bank a security interest in “all accounts receivable now existing or hereafter arising; all inventory held in connection with the business of borrower”. Subsequently, the bank took possession of the Debtor’s...
Views: 1
MEMORANDUM OF DECISION Lyle and Aileen Knudsen, debtors in the above captioned Chapter 7 case, brought a motion under 11 U.S.C. § 522(f) to avoid the liens encumbering their claimed homestead exemption. Defendant/creditor Madelyn H. Brock objects to the Knudsens’ claimed homestead exemption pursuant to 11 U.S.C. § 522(i) and Bankruptcy Rule 4003(b). FACTS The Knudsens (hereinafter the “Debt...
Views: 2
MEMORANDUM OPINION Presently before the Court is an action brought by the Trustee to recover preferential transfers made by or on behalf of Debtor. The parties agree that the transfers in question occurred within ninety (90) days of the bankruptcy filing and that Debtor was insolvent as presumed, pursuant to 11 U.S.C. § 547(f). Nernberg & Laffey, P.C. (“Defendant”) has raised several...
Views: 1
OPINION AND ORDER On or about June 30, 1985, the Debtors were involved in an automobile accident with Douglas L. Rabe (RABE). RABE was insured by a policy of insurance issued by the Farmers Insurance Group (FARMERS). On May 22,1986, the Debtors filed a Chapter 13 proceedings in bankruptcy. In their schedule of creditors, the Debtors list RABE and his attorney indicating a claim of $13,800.00. The ...
Views: 1
MEMORANDUM OPINION Albert Vaughan Mitchell was in the real estate business. He executed a guaranty to Texas Commerce Bank-Las Colinas (TCB) on one of his real estate transactions. The reverses suffered by so many in the real estate business in Texas did not spare Mr. Mitchell, who lost his business, *373 his wife, and even his home. He also lost a lawsuit brought by TCB on hi...
Views: 2
MEMORANDUM OPINION Presently before the Court is an action to Enforce an Installment Land Contract (“Contract”) entered into by and between the Plaintiffs and Debtor six (6) years prior to the filing of Debtor’s bankruptcy petition. The Plaintiffs, (hereinafter the “Wat-sons”) whose daughter is currently in possession of the property, have never recorded the contract and same is now in de...
Views: 1
MEMORANDUM OPINION ON COMPLAINT OBJECTING TO DISCHARGE AND TO DETERMINE DISCHARGEABILITY OF DEBT STATEMENT OF THE CASE On July 21, 1985, Phillip Edward Eth-ridge, Defendant, filed a petition for relief under Chapter 7 of the Bankruptcy Code. In Defendant’s schedule of debts, Doug Howie’s Paces Ferry Dodge, Inc., Plaintiff, is listed as an unsecured creditor holding a claim in the amo...
Views: 2
ORDER ON MOTION FOR RECONSIDERATION This case is before the court on the Motion For Reconsideration by Julien Teitel, creditor, with regard to this court’s “Order On Objection To Claim” entered on July 14, 1987 with regard to Mr. Teitel’s claim for various amounts resulting from his employment and termination by the above named debtor. In the July 14, 1987 Order the court allowed $589.70 as a...
Views: 1
MEMORANDUM OPINION PREAMBLE Featured in this unusual bankruptcy scenario is the Debtor manipulating his various corporations over the decades so as to cheat and defraud innocent investors out of their life savings. These machinations culminated in Debtor’s conviction for bankruptcy fraud. His sentence was five (5) *358 years probation and a $5,000.00 fine, plus $25,000.0...
Views: 1
MEMORANDUM OPINION Various creditors have objected to the disclosure statement submitted by the debt- or and other plan proponents 1 in this complex chapter 11 bankruptcy case. In accordance with 11 U.S.C. § 1125(b) and Bankr.R. 3017, a hearing was held to consider various objections including the adequacy of information provided by the disclosure statement. After considering t...
Views: 3
FIRST AMENDED MEMORANDUM OF DECISION I. INTRODUCTION Secured creditor Travelers Insurance Company (“Travelers”) brings this motion pursuant to Bankruptcy Rule 3012 1 for a determination of the amount of its first priority lien on the debtor’s principal asset, a 448-unit apartment complex located in Overland Park, Kansas. The debtor has proposed a sale of the property ...
Views: 1
MEMORANDUM OPINION This matter arises upon the motion of the debtor, Jean P. Larsen, asserting that certain claims of a creditor, Phyllis Hetrick Bennett, must be stricken because they were not timely filed. In response, Phyllis Hetrick Bennett (“Bennett”) moved this Court to consider her claim an administrative expense incurred in preservation of the bankruptcy estate and entitled to pri...
Views: 1
MEMORANDUM AND DECISION This Adversary Proceeding was commenced by the Chapter 11 Trustee on October 14,1986. The Trustee principally seeks to have Richard G. Miller (the “Debtor”) denied a bankruptcy discharge. Accordingly, the Trustee has propounded causes of action by which relief is sought pursuant to 11 U.S.C. § 727(a). What neither the Trustee nor the Debtor have considered, however, is t...
Views: 2
ORDER ON CONFIRMATION OF CHAPTER 13 PLAN I The material facts in this Chapter 13 proceeding are uncontested. On June 19, 1984, in connection with the purchase of a residence in Asher, Oklahoma, debtors executed a note and mortgage to James B. Walling and Janet Walling (“objecting creditors”). The note, in the principal amount of $20,000, called for equal monthly payments in the amount of $264...
Views: 2
ORDER SUSTAINING OBJECTION TO CLAIM OF EXEMPTION UNDER 11 use § 522(d)(1) This matter 1 is before us on the objection of BNE to Debtor’s claim of a homestead exemption in property under 11 U.S. C. § 522(d)(1). The property in question is owned by the Phoenix Farm Partnership, (PFP), in which Debtor holds a ten (10%) percent interest as a limited partner. The novel question we m...
Views: 2
MEMORANDUM OPINION This matter came to be heard upon the debtor’s objections to the claim filed by the Internal Revenue Service (IRS) and his motion to avoid IRS liens. The debtor was represented by Steve Scroggin of Beaver-ton, Oregon. The IRS was represented by Mark Nebergall, assistant Attorney General, of Washington, D.C. For the reasons stated below, the objections must be overruled. The...
Views: 0
OPINION This is the Court’s decision on the motion by Terril D. Baugher and Warren Wilhelm to have their claim against the debtor in the above case adjudged a secured claim. The movants obtained a judgment against the debtor on April 25,1983 in the Superior Court of New Jersey in the amount of $11,464.73 plus costs. The movants then obtained a writ of execution, and delivered it to the Mo...
Views: 2
MEMORANDUM DECISION Milton Fredman, on behalf of the Nucorp Estates, has brought this action, seeking to recover a preference under 11 U.S.C. § 547 in the amount of $101,681.57. Milchem resists the action, arguing that certain exceptions under § 547(c) apply. The facts are not greatly in dispute. In December 1981, debtor became the operator of an oil well (Martin Praus Well No. 1) located in ...
Views: 3
MEMORANDUM OPINION AND ORDER ON MOTION FOR PAYMENT OF ADMINISTRATIVE RENT CLAIM PURSUANT TO 11 U.S.C. § 365(d)(3) This matter comes before this Court on the motion of Market Center Associates (“MCA”) seeking the payment of $17,-858.34 as an administrative rent claim pursuant to 11 U.S.C. § 365(d)(3). MCA contends that two commercial leases with the debtor were rejected by operation of law...
Views: 2
ORDER DENYING THE TAX ADMINISTRATOR’S MOTION FOR ORAL PROOF OF CLAIM Submitted on memoranda, on debtors’ objection to the Tax Administrator’s “Motion for an Oral Proof of Claim.” The pertinent facts are as follows: On October 31, 1986, the debtors filed a petition for relief under Chapter 11. Listed in the petition as disputed debts were: taxes, interest, penalties and trust fund tax...
Views: 3
*365 MEMORANDUM OPINION The matter before the court for decision involves an adversary proceeding instituted by the debtors to utilize the provisions of 11 U.S.C. § 506(d) to reduce the amount of lien indebtedness owed to Pioneer Federal Savings Bank. Related to the adversary proceeding is a motion filed by Pioneer Federal Savings Bank for abandonment of the property subject to i...
Views: 1
DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT AND FOR RELIEF FROM THE AUTOMATIC STAY Charles William Henderson, the plaintiff in this adversary action, moves for reargument of this court’s denial of summary judgment declaring a publishing contract with the debtor terminated and for relief from the automatic stay allowing payment of outstanding royalties. The debtor has filed a ...
Views: 2
OPINION The primary issue before us in the instant proceeding concerns the construction of 11 U.S.C. § 541(a)(1) and 11 U.S.C. § 541(d) with respect to a check issued by a general contractor and which has been made payable to two parties, a material-man and a sub-contractor-installer, the latter of whom is also a debtor-in-possession. The questions presented are whether the check is prope...
Views: 4
ORDER DENYING MOTION TO REOPEN CASE AND MOTION TO SET ASIDE DISCHARGE This no asset chapter 7 case filed January 27, 1986, was closed July 10, 1987, fourteen months after the debtor received his discharge, May 7, 1986. In September *131 1987, the debtor moved under 11 U.S.C. § 350(b) that this closed case be reopened in order that he might amend his bankrupt cy schedules to include a judgment...
Views: 0
OPINION AND ORDER ON THE OBJECTION OF INTERNAL REVENUE SERVICE TO CONFIRMATION OF THIRD AMENDED PLAN This matter comes before the Court upon the objection of the Internal Revenue Service (IRS) to the confirmation of the debt- or’s third amended plan of reorganization. Pursuant to Paragraph 4.2 of the debtor’s third amended plan, the priority tax claims of the IRS under Section 507(a)(7) of the ...
Views: 0
ORDER DENYING CONFIRMATION AND CONVERTING CASE The debtor’s plan was before the court for confirmation on September 8. The debtor’s principal creditors and the trustee have each objected to confirmation. I agree that confirmation must be denied. The objecting creditors hold the. second and third mortgages on the debtor’s only asset, an office building with space for nine tenants. The creditor...
Views: 1
ORDER ON FEE APPLICATIONS Two fee applications (C.P. Nos. 25 and 31) were heard at the final meeting of creditors October 13. The trustee is directed to pay the Clerk’s special charges of $7.50. Trustee’s Fee The trustee’s application for $180 is within the statutory maximum and is reasonable. It is approved. Fee for Debtor’s Attorney The attorney’s Exhibit A (C.P. No. 25) reflects ...
Views: 0
ORDER ON FEE APPLICATIONS Pee applications were before the court at the final meeting of creditors held October 20. Special Charges The trustee is directed to pay the Clerk’s special charges in the amount of $122.75. The Trustee’s Attorney The trustee’s attorney, employed one month after the case was converted to chapter 7, seeks a fee of $8,812 for 58.75 hours spent in this represe...
Views: 1
MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT STATEMENT OF THE CASE On June 27, 1986, William E. Fleeman, Debtor, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. On January 29, 1987, Ward Stone, Jr., Trustee, Plaintiff, filed a complaint against Decatur Federal Savings and Loan Association, Defendant, asserting that Defendant holds a security interest which has...
Views: 2
I. At issue is the application of the trustee, Harold Taxel (“trustee”), for removal of this matter from the California Superior Court to the bankruptcy court. This matter was taken under submission and additional briefing requested on the issue of whether the bankruptcy court has jurisdiction to enlarge the filing period of Bankr.R. 9027(a)(3) for an application for removal, pursuant to B...
Views: 1
MEMORANDUM DECISION I. At issue is whether second mortgage payments ordered in a dissolution proceeding are in the nature of support and therefore non-dischargeable. This matter came on for hearing before this court pursuant to plaintiff’s motion for summary judgment. This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the Uni...
Views: 0
ORDER ON ISSUE REFERRED BY STATE COURT On this debtor’s motion in State court to modify a prepetition contempt order aimed at him, the Circuit Court for Collier County on August 10 orally directed the debtor to obtain a determination by this court whether the debtor may now pay $20,000 to purge his contempt. 1 The parties were heard September 4 and 16. (C.P. No. 8). Debtor’s Right to Dispo...
Views: 0
*139 ORDER ON OBJECTION TO EXEMPTION Two creditors, Warren Lawson and Lawson Fence Company, Inc., have objected (C.P. No. 12) to the debtor’s claim of exemption for a parcel of real property located in Palm Beach County. The debtor has responded (C.P. No. 18) and the matter was heard on November 3. The property, which lies outside of any city, is ten contiguous acres with a ...
Views: 0
DECISION ON MOTION FOR TURNOVER OF COLLATERAL The debtor seeks to exempt the proceeds from the sale of an automobile, despite the fact that the trustee avoided a lien on the vehicle and preserved the lien for the benefit of the estate, pursuant to 11 U.S.C. § 551. The trustee seeks a turnover of the proceeds from the debtor’s sale of the automobile. DISCUSSION OF FACTS 1.On December 20, 198...
Views: 1
MEMORANDUM DECISION Plaintiff seeks exception from discharge under 11 U.S.C. § 523(a)(2)(A) for its judgment claim of $18,391. Defendant did not answer, but appeared without his bankruptcy attorney at the trial held October 6. I have accepted his oral denial of all the material allegations as his answer and heard his verbal response and testimony. Timeliness of the Complaint Though not raised by...
Views: 0
MEMORANDUM AND ORDER Before the court is the debtor’s objection to a proposal of the trustee to settle his dispute with contractors as to the disbursement of proceeds of a construction contract. The debtor filed a petition for relief under chapter 7 of the Bankruptcy Code 1 on April 28, 1986, and a trustee has been appointed. The debtor is owed $14,275.70 (the proceeds) by William C. Logan ...
Views: 0
REASONS FOR DECISION I. Jurisdiction of the Court This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(a), the United States District Court for the Middle District of Louisiana referred all such cases t...
Views: 3
OPINION This case presents the question, in an unusual factual and legal setting, of whether an alleged debtor in a dismissed involuntary Chapter 7 petition is entitled to recover damages against the petitioning creditors on the ground that they filed the petition in bad faith. A primary issue involved is the extent to which protection is afforded by the opinion of counsel to the petition...
Views: 3
OPINION AND ORDER DISMISSING DEBTORS’ CASE AND THE RELATED ADVERSARY This matter is before the court upon Debtors’ “affidavit” notice and demand for disqualification and upon The Commercial Savings Bank’s and the Federal Land Bank of Louisville’s motions to dismiss this case. Upon consideration of the evidence adduced at the hearing, the court finds that Debtors’ demand for disqualification is ...
Views: 3
MEMORANDUM OPINION Evidentiary hearing was held in Omaha, Nebraska, on December 16, 1987, on an amended motion filed by the debtors moving the Court for an Order determining that the ASCS/CCC has violated the confirmed Chapter 12 plan and/or discriminated against the debtors in violation of 11 U.S.C. Section 525(a). Donald Swanson of Schmid, Mooney & Frederick, Omaha, Nebraska, appeared on behalf...
Views: 1
MEMORANDUM OPINION REGARDING USE AND/OR MISUSE OF CASH COLLATERAL BY THE DEBTOR-IN-POSSESSION The issues before the Court arise out of several Motions and Hearings on the issues *826 of use and misuse of cash collateral by the Debtor-in-Possession (“Placid”). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (B), (K), (M), (0). The following constitutes findings of fact and conclusion...
Views: 2
OPINION The instant matter is before us on the Debtor’s Objection to the Proof of Claim of Germantown Savings Bank (hereinafter referred to as “GSB”), in which she seeks to reduce the sum sought by GSB for mortgage arrearages on the grounds that (1) GSB sought excessive attorney’s fees and (2) recoupment arising from alleged violations of the federal Truth-in-Lending Act, 15 U.S.C. § 1601...
Views: 2
OPINION A. INTRODUCTION, PROCEDURAL HISTORY, AND A CONFESSION OF PAST ERROR. On August 5, 1987, we filed a Memorandum Opinion, now reported at 75 B.R. 1005 *314 (Bankr.E.D.Pa.1987), in this Chapter 13 bankruptcy case, filed by the Debtor on December 5, 1985. There, we sustained the Debtor’s Objection to an allegedly secured Proof of claim in the amount of $49,259.50 fil...
Views: 0
OPINION A. INTRODUCTION AND PROCEDURAL HISTORY After over a year of some measure of familiarity with this long-outstanding adversarial proceeding, the principal issues of which concern claims of various parties regarding their respective rights to possession of certain films, embossing plates, and stamping discs used to manufacture greeting cards (hereinafter referred to as “the desi...
Views: 1
OPINION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT This matter came on to be heard upon defendant Abbie Akst’s motion for partial summary judgment. Upon consideration thereof, the court finds that defendant’s motion is not well taken and should be denied. FACTS On August 20, 1982, Debtors filed their voluntary petition in bankruptcy under Chapter 11. Their case was subsequently c...
Views: 1
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT On consideration of the motions for summary judgment filed by both the plaintiff, Patricia S. Fox, and the defendants, Charles Thomas Anderson and Western Surety Company, the Court hereby finds, orders and adjudicates as follows, to-wit: I. The Court has jurisdiction of the subject matter of and the parties to this proceedin...
Views: 0
MEMORANDUM OPINION This case is before the Court on the motion of an unsecured creditor to convert Robert Vieweg’s chapter 13 case, No. 87-03835-G, to a chapter 7 liquidation proceeding under the “for cause” provision of 11 U.S.C. § 1307(c) as well as §§ 1307(c)(1), (3) and (4). The Court also has before it Debtor’s Motion to Dismiss under § 1307(b) which the Court took under advisement on Augu...
Views: 3
MEMORANDUM OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT Came on for consideration the motion for partial summary judgment filed by the defendant, Bank of Shaw, a branch of the Grenada Bank, hereinafter referred to as Grenada Bank; response to said motion having been filed by the plaintiff, Audrey Marie Posey, hereinafter referred to as plaintiff or debtor; both parties having submi...
Views: 2
OPINION On consideration of the complaint filed by the Plaintiff, Jacob C. Pongetti, Trustee for the Estate of The Wellington Construction Corporation, hereinafter referred to as Plaintiff or Trustee; answer and affirmative defenses having been filed by the Defendant, National Bank of Commerce of Mississippi, hereinafter referred to as Defendant or NBC; all parties being represented before the Cou...
Views: 2
DECISION AND ORDER ON MOTION TO DISMISS AND RECOMMENDATION ON REQUEST FOR ABSTENTION Before this Court is a motion filed by Defendant seeking a dismissal of an amended adversary complaint filed by the trustee in Adversary Proceeding No. 187-0110 for failure to state a claim upon which relief may be granted, or in the alternative, abstention by this Court. After reviewing the motion p...
Views: 4
MEMORANDUM OPINION On consideration of the complaint to compel turnover, etc., filed by the debtor, Zai-san, Inc.; answers and affirmative defenses having been filed by the defendants, Braden Cornerstone Partnership, Ltd., and Walter H. Rankin, Constable, Precinct No. 1, Harris County, Texas; a motion to intervene having been filed by A-l Movemakers in a state court proceeding, previously...
Views: 2
SUPPLEMENTAL ORDER Heard on November 12, 1987, on the objection of the Rhode Island Higher Education Assistance Authority to the motion of Margaret D. Garmerian for hardship discharge. Although we decided from the bench that the debt in question was nondis-chargeable, the Court also suggested that the parties would be free, through negotiation, to arrive at a payment schedule agreeable to both. Th...
Views: 0
MEMORANDUM OPINION Debtor filed a voluntary petition for Chapter 11 reorganization on October 21, 1985. On May 28, 1987, the proceedings were converted to a Chapter 7 proceeding and Bruce Strauss, Esquire, was appointed Trustee. Debtor was and is represented throughout the proceedings by Robert Pummill, Esquire, of the law firm of Barker, Rubin & Sonnich, P.C. In the original schedules filed Dece...
Views: 1
*675 MEMORANDUM ORDER Pending before the court are motions brought by both defendants, Shamrock Broadcasting of Texas, Inc., d/b/a KZFX 107.5 FM (“Shamrock”), and Arbitron Ratings System, Inc. (“Arbitron”), to dismiss the application for preliminary injunction, motions for a more definite statement, and motions to determine core status. This court determines that as to defendant Shamrock, the...
Views: 0
MEMORANDUM OPINION Pursuant to a ruling at a hearing on the motion of each party for summary judgment, all matters in this adversary proceed *670 ing were resolved except one. The only issues pending before the court are whether the doctrine of marshaling of assets applies, and whether the plaintiff has the duty to marshal assets. This court concludes that marshaling of asset...
Views: 1
MEMORANDUM OPINION AND ORDER REGARDING DEBTORS’ MOTION TO CONVERT CHAPTER 12 CASE TO CHAPTER 11 CASE The issue before the Court is whether the Debtors may convert their Chapter 12 case to a Chapter 11 case under the Bankruptcy Code. On June 1, 1987, Robert W. Bird and Pauline M. Bird, hereinafter “Debtors”, filed a Voluntary Petition for Relief Under Chapter 12 of the Bankruptcy Code. The Deb...
Views: 2
MEMORANDUM DECISION 1 DENYING DECLARATORY RELIEF AND RELIEF FROM STAY, AND DIRECTING MARSHALING OF ASSETS This proceeding began with Chittenden’s complaint for a declaratory judgment. Chittenden requests that we determine the collateral it repossessed from Vermont Toy Works, Inc. prepetition is not property of the Debtor’s estate. In the alternative, Chittenden moves for relief...
Views: 2
MEMORANDUM OPINION AND ORDER Following extensive discovery, Wilmington Trust Company on November 26, 1985, filed a motion for summary judgment on its complaint filed January 23, 1984 seeking lien enforcement. The gist of the complaint is a violation of 11 U.S.C. § 363 in that proceeds of inventory subject to WTC’s security interest were paid to Defendant/Greenville Center Associates, L.P. as paym...
Views: 1
DECISION and ORDER ON OBJECTION TO APPLICATION FOR INTERIM ALLOWANCE BY DEBTOR’S ATTORNEY This case was filed October 21, 1986, by an original filing attorney. The original filing attorney conducted the case until present counsel, Ruppert, Bronson and Chi-carelli Co., LPA (hereafter “Ruppert”) was substituted April 9, 1987. Thereafter, and until the present, Ruppert has represented the debtor. ...
Views: 3
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT This adversary proceeding came on for trial before the undersigned United States Bankruptcy Judge on October 7, 1987. Plaintiff appeared by its attorney, Robert G. Share. Defendant (hereinafter “Debt- or”) appeared by his attorney, Richard J. Pearson. Upon the evidence adduced at hearing, counsel’s briefs and arguments, and all t...
Views: 5
MEMORANDUM AND ORDER This matter is before the Court on the Trustee’s Complaint to Avoid Post-Petition Transfer. At the trial of the matter, the sole issue raised was the threshold question of whether the Trustee’s cause of action is barred by the statute of limitations *945 contained in 11 U.S.C. § 549(d). 1 At the trial, the parties represented that no factual issues pertaining to the s...
Views: 4
MEMORANDUM OPINION On August 21, 1987, the Debtors filed a joint Petition for Reorganization under Chapter 13 of the Bankruptcy Code. In their Petition, the Debtors stated that their residence, located at 333 Alameda Avenue, Youngstown, Ohio, was jointly owned. The first mortgage on the property, owed to SOCIETY BANK OF EASTERN OHIO, N.A., (“SOCIETY”) is Twenty-Eight Thousand & 00/100 Dol...
Views: 0
MEMORANDUM AND ORDER This matter is before the Court on the objections to confirmation filed by the Federal Land Bank of St. Louis (“Land Bank”) and the First National Bank in Newton (“First National”). On March 20,1987, the above-named debtors filed a voluntary petition for relief pursuant to Chapter 12 of Title 11 of the United States Code. Debtors subsequently filed a Chapter 12 Plan of Reor...
Views: 1
DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION On September 23, 1985, Tacoma Boatbuilding Company (“Tacoma” or “debt- or”) a Washington based manufacturer of high technology, high performance vessels, filed a petition for reorganization under Chapter 11 of Title 11 of the United States Code (the “Code”). In accordance with §§ 1107 and 1108 of the Code, Tacom...
Views: 1
OPINION The Debtors are farmers. Their schedules show they owe three secured creditors $481,411.00 and one unsecured creditor $100,000.00. The schedules also show farm land valued at $265,152.00 and personal property valued at $58,200.00. The claim of The Travelers Insurance Company, (CREDITOR) arises out of two loans to the Debtors. The first loan was in the original amount of $160,000.0...
Views: 2
DECISION AND ORDER The Debtors have a history of borrowing from the Defendant. The relevant transactions started on September 15, 1981, when the Debtors borrowed $9,682.50 secured by a real estate mortgage on the Debtors’ residence in Galesburg, Illinois. That mortgage was subsequently released on September 2, 1983, when the indebtedness was renewed and consolidated with an additional small cash ...
Views: 0
DECISION AND ORDER ON MOTION TO DISMISS INTRODUCTION On December 11, 1986, Chargit Inc. (“Debtor”) filed a petition for reorganiza *244 tion under Chapter 11 of Title- 11 of the United States Code (“Code”). The Debtor continued to manage its business and property as debtor in possession, pursuant to 11 U.S.C. §§ 1107 and 1108 until April 10, 1987 when its case was conver...
Views: 3
AMENDED MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT Presently pending before the court is a Motion for Summary Judgment filed on behalf of the confirmed Chapter 11 Co-Distribution Assets Trustees (Trustees) in support of their objection to certain claims of the United States of America, Internal Revenue Service (Government or IRS). The Trustees dispute the priority status of th...
Views: 3
*146FINDINGS OF FACTS AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon a complaint to Determine Dis-chargeability of a Debt owed by the debtor, pursuant to 11 U.S.C. § 523(a)(2)(A) and the Court, having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of counsel and being otherwise fully advised in ...
Views: 1
MEMORANDUM OPINION This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(K). The parties have consented to entry of a final order by a bankruptcy consultant. The debtors filed a Chapter 13 bankruptcy petition on March 20, 1987. The United States of America, Department of Treasury, the Internal Rev *66 enue Service filed a proof of claim for taxes which had been duly ass...
Views: 2
ORDER At St. Paul, Minnesota. Before the Court is a dispute between First Minnesota Savings Bank, F.S.B. (First *523 Minnesota) and the Debtors, regarding entitlement by First Minnesota to interest on prepetition arrearages in mortgage payments which the Debtors propose to cure under their Chapter 13 plan. Mary E. Lan-gan represents First Minnesota; Michael K. Holverson ...
Views: 2
OPINION ON MOTION FOR SUMMARY JUDGMENT FACTS AND ISSUE This bankruptcy case was filed under Chapter 13 on May 20, 1986. Thereafter, the Chapter 13 trustee received a total of $4,526.17 from wage deductions. However, the plan was not confirmed and on July 18, 1986, the case was converted to Chapter 7. After the conversion, the trustee returned $4,486.17 to the debtors. The funds were not claim...
Views: 0
This adversary proceeding came on for trial on October 5, 1987. Patrick McDavitt and Briggs and Morgan represent Plaintiff F & M Marquette National Bank (Marquette); William Kampf and Fredrikson and Byron represent Defendant Keith R. Richards. Based on testimony and documentary evidence heard and received at trial, on arguments and memoranda of counsel and on all the files and records herein, t...
Views: 0
MEMORANDUM OPINION BALDWIN FARMS (hereinafter “Debt- or”), a partnership, filed its Petition with this Court under Chapter 12 of The United States Bankruptcy Code on July 10, 1987. On July 31, 1987, SOCIETY BANK OF EASTERN OHIO, N.A., (hereinafter “SOCIETY”) requested dismissal of Debtor’s Chapter 12 Petition on the grounds that the Debtor failed to qualify as a “family farmer,” as define...
Views: 0
ORDER ON CREDITORS’ MOTION FOR SUBSTANTIVE CONSOLIDATION This cause came on for consideration upon the Motion of the Petitioning Creditors for substantive consolidation of the estates of PHILIP CORDEK and SUZAN BIERMAN CORDEK with the estates of the Corporate Debtors. Upon review, the Court determines that substantive consolidation is appropriate in this case. FACTS There are th...
Views: 1
MEMORANDUM OPINION Before the Court is the Debtor’s Motion To Compel Distribution of certain fire insurance proceeds. Michelin Tire Company (hereinafter “Michelin”) and Kelly-Springfield Tire Company (hereinafter “Kelly-Springfield”) object to same, and seek a determination that the fire insurance policy and its subsequent proceeds were and are property of the estate, distributable to the cre...
Views: 3
ORDER ON MOTION FOR CONTEMPT AND DAMAGES This is a Chapter 11 case and the matter under consideration is a Motion for Contempt and Damages filed by Uiterwyk Corporation, the Debtor in the above captioned case. The Debtor seeks the entry of an Order finding Itel Corporation (Itel) and Charles S. Donovan, Esquire (Donovan) to be in contempt, and the Debtor also seeks a monetary award in its favor b...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on November 10, 1987, upon the Adversary Complaint by the Debtor, JOYCE M. BORCK, seeking discharge of the personal income tax liabilities asserted by the Internal Revenue Service (“IRS”) against the Debtor for the respective tax and calendar years 1977, 1978, 1979, 1980, 1981, 1982, 1983, and 1984, inclusive, pursuant ...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the complaint of the plaintiff, Alvin H. Shu-man (“Shuman”), for judgment against the defendant, David Ross McGhee (“McGhee”), for one count of malicious prosecution and one count of tortious interference with contractual rights and a finding that such claims are nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(6). Addi...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case and the matters under consideration are three (3) adversary proceedings filed by Barnett Bank of Polk County, First Florida Bank and Southeast Bank against the Debtor, Ronald A. Rowe. Barnett’s complaint sounds in four (4) counts. Count I alleges that the Debtor, with the intent to hinder, delay, or defra...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS CAUSE came on for hearing with notice to all parties in interest upon a Motion for Summary Judgment filed by Laz-ere Financial Corporation (Plaintiff), the Plaintiff in the above captioned adversary proceeding. The Motion for Summary Judgment addresses the Plaintiff’s Complaint which seeks to determine the validity, priority, and extent of a lien ...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS CAUSE came on for hearing with notice to all parties in interest upon Motions for Summary Judgment filed by Liberty Federal Savings & Loan Association (Liberty), the Plaintiff in this adversary proceeding and by Fortune Savings Bank, f/k/a Fortune Federal Savings & Loan Association (Fortune), one of the Defendants in this adversary proceeding. The Motions...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO LISTED EXEMPT PROPERTY THIS CAUSE came for hearing with notice to all parties in interest upon an Objection to Listed Exempt Property filed by Jack H. Weech, Jr., (Trustee) the Trustee in the above captioned Chapter 7 case. It is the contention of the Trustee that certain amounts deposited in bank accounts and claimed as exempt by Timothy and Joanne McCafferty pu...
Views: 0
ORDER ON MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE This Chapter 11 case, instituted by William Alton (Debtor), presents a novel question for this Court’s consideration. It involves the right of the State of Florida (State) to have an unpaid unemployment claim allowed and charged against the estate of the Debtor as a first priority claim pursuant to Sec. 507(a)(1) of the Bankruptcy Code. Th...
Views: 0
OPINION The issue before the Court is whether a post-petition payment to the Millikin National Bank which was made pursuant to a Citation to Discover Assets and a turnover order entered more than ninety days before the filing of the bankruptcy petition constitutes a preference under 11 U.S.C. Sec. 547(b). The material facts are not in dispute. On May 24, 1984, a judgment was entered in the Ma...
Views: 3
SUPPLEMENTAL MEMORANDUM OPINION I. The debtor has filed an objection to the unsecured proof of claim filed by the Department of Public Welfare (DPW). In this matter, DPW filed an unsecured proof of claim in the amount of $19,148.391 After the initial hearing held on this dispute, I determined, by opinion dated September 22, 1987, that DPW could hold a valid unsecured claim in accordance with its r...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT This adversary proceeding came on before the undersigned United States Bankruptcy Judge for trial on September 16, 1987. Plaintiff appeared by his attorney, Gordon B. Conn, Jr. Defendant (hereinafter “Debtor”) appeared by his attorney, Cass S. Weil. Upon the evidence adduced at trial, briefs and argument of counsel, and all of t...
Views: 3
AMENDED MEMORANDUM OPINION The prior opinion signed November 3, 1987 is modified in form only to omit the first names of the parties involved, and is hereby amended in such respects only. This is a § 523(a)(6) complaint to determine dischargeability. Following are the Court’s amended findings of fact and conclusions of law under Bankruptcy Rule 7052. In 1982, Mr. and Mrs. Norton (“Pl...
Views: 0
DECISION AND ORDER This case raises the question whether a postpetition, preconfirmation sale of the debtor’s real property is “under a plan confirmed,” thus exempt from local taxes as provided by section 1146(c) of the Bankruptcy Code. 1 This Court finds the sale is exempt from local taxes. FACTS The debtor, Permar Provisions, Inc., sold and distributed wholesale mea...
Views: 0
MEMORANDUM OPINION AND ORDER This case involves the propriety of a plan’s satisfying the obligations of a co-ob-ligor who is a co-tenant in the Debtor’s homestead. The case turns on the interpretation of section 1325(b). The facts, insofar as they are germane to the legal issue at hand, are relatively simple. The Debtor is a single woman who filed this Chapter 13 case to protect her homestead...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MOTION FOR RELIEF FROM STAY The “Petition to Lift Stay of the Circuit Court of the First Circuit, Civil No. 85-4067,” filed by William Simone (“Simone”) on August 26, 1987, was the subject of a preliminary hearing held on September 23, 1987 and a final hearing on October 13, 1987. At the hearings, Thomas Young, Esq. represented William D. Simone (“Simone...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW First Hawaiian Bank (“Bank”) and S & M Sakamoto, Inc. (“Sakamoto”), each filed interpleader complaints as adversary actions on May 7,1986, and October 17,1986, respectively. The complaints sought to have the Court determine the proper disposition of funds held by each party, said funds being accounts receivable of Central Pacific Boiler & Piping, Ltd...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE coming on to be heard on November 3,1987 upon an Adversary Complaint seeking to determine the nondis-chargeability of a debt pursuant to 11 U.S. C. Section 523(a)(2)(B), and the Court having heard the testimony and examined the evidence presented, having observed the candor and demeanor of the witnesses, considered the arguments of counsel, and b...
Views: 5
*928 OPINION This matter is before the Court on the motion of Ryder/P*I*E Nationwide, Inc. (hereinafter referred to as P*I*E) 1 to vacate the Chapter 13 plan, or in the alternative a portion of the plan, confirmed by the Court on March 11, 1986. The facts are as follows. Prior to his filing for relief under Chapter 13 of the Bankruptcy Code, the Debtor signed an a...
Views: 4
ORDER SURCHARGING PORTION OF ADMINISTRATIVE EXPENSE The trustee’s amended motion (C.P. No. 46) under 11 U.S.C. § 506(c) to surcharge secured creditors with a reasonable part of the administrative expense incurred in this case, together with the objection (C.P. No. 43) of a secured creditor to the requested attorney fee was heard November 30. It is possible, I believe, to fix a formula for det...
Views: 0
MEMORANDUM DECISION The Government, as a creditor, opposes the debtor’s discharge under 11 U.S.C. § 727(a)(2)(A), (3), (4), and (5). The debtor has answered and the matter was tried on October 1. I find that discharge must be denied under § 727(a)(3) and (5). Facts Pertinent to § 727(a)(3) The debtor is an attorney who has practiced 33 years. In October 1979 judgment was entered against h...
Views: 0
ORDER DENYING CONFIRMATION AND DISMISSING CASE Thirty-four days after the hearing held October 20 to consider confirmation of this debtor’s modified chapter 11 plan, filed October 15 (C.P. No. 31a) and while the matter was under advisement, the debtor moved (C.P. No. 39a) for consideration of a ballot tendered with the motion or, alternatively, for cram down under 11 U.S.C. § 1129(b). The...
Views: 5
ORDER On January 26, 1981, the debtors filed a voluntary petition for relief under the provisions of chapter 13. The proposed plan was filed February 10, 1981, and on February 27, 1981, this Court entered an order directing the debtors to commence payments which were proposed under the plan pursuant to 11 U.S.C. § 1326. An objection to confirmation was filed and after a contested hearing on May...
Views: 0
MEMORANDUM DECISION The plaintiff/creditor seeks denial of the debtors’ discharges under 11 U.S.C. § 727(a)(2)(A) or exception of his claim from their discharges under § 523(a)(2)(A). Ruling was reserved (C.P. No. 12) on the debtors’ motion to dismiss (C.P. No. 5). The debtors have answered and the matter was tried November 5. I conclude that plaintiff has failed to establish either count...
Views: 0
MEMORANDUM OF OPINION Plaintiffs, John C. and Barbara L. Johnson, as debtors-in-possession in this case under Chapter 11 of the Bankruptcy Code filed this action to avoid as a fraudulent transfer under Title 11 U.S.C. § 548 a mortgage given to defendant, First National Bank, to secure a loan to B & J Enterprises, Inc., a corporation owned solely by plaintiffs. Both sides have filed cross ...
Views: 1
ORDER DENYING MOTION TO AVOID LIENS The debtors’ motion (C.P. No. 5) for the relief provided under 11 U.S.C. § 522(f)(1) was heard on December 14. Section 522(f) permits a debtor to: “avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled ... if such lien is (1) a judicial lien....” T...
Views: 1
OPINION FACTS The debtor, Pine Mountain, Ltd. (“PML”), filed a voluntary petition under Chapter 11 of the Bankruptcy Code on June 26, 1985. The debtor’s principal asset is real property in Tuolomne County, California (“subject property”). The appellants, Bill and Patsy Woods (“Woods”), are prior owners of the subject property. They sold the property to Eugene and Jo Wagner (“Wag...
Views: 5
MEMORANDUM OPINION On June 8, 1987, an evidentiary hearing was held on the confirmation of this Chapter 12 plan, combined with a valuation *717 hearing and a hearing on objections to certain exemptions. Appearing on behalf of the debtors was LeRoy Anderson of North Platte, Nebraska. Appearing on behalf of the First National Bank of Ogallala was C. Kenneth Spady of Ogallala, Nebraska. This pla...
Views: 0
OPINION This adversary proceeding to determine lien validity was submitted to the Court by consent for a ruling without a hearing based on submitted stipulations of fact. The debtors, Dale E. Brittain and Angela Wood Brittain, d/b/a Chocolates & More, had leased commercial rental space under a written agreement with Investors/Country Club Plaza Limited Partnership 1984-A (“plaintiff”...
Views: 0
MEMORANDUM DECISION REGARDING TRUSTEE’S MOTION FOR VALUATION OF SECURED CLAIM OF IRS On January 3, 1984 the Debtor, Nevada Environmental Landfill, (“Debtor”) filed a *56 petition for relief under Chapter 11 of the Bankruptcy Code. Prior to the filing of the petition the Internal Revenue Service (“IRS”) had filed a notice of tax lien against the Debtor. At the time the petitio...
Views: 0
OPINION REGARDING PERFECTION OF SECURITY INTEREST IN MOTOR VEHICLE FACTS On February 9, 1987, Richard C. Remes, the Plaintiff and Chapter 7 court-appointed Trustee, hereinafter “Trustee”, filed a Complaint against Defendant Ford Motor Credit Company, hereinafter “FMCC”, seeking a determination that FMCC’s security interest in a certain vehicle was not properly perfected. The Trustee seeks to ther...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on to be heard upon the respective complaints to determine dischargeability of specific debts pursuant to Section 523(a)(2)(B) of the Bankruptcy Code. The afore-styled civil actions were consolidated for purposes of trial and remain so consolidated for this memorandum opinion and order. Upon review of the record, argument of counsel, and ...
Views: 1
MEMORANDUM OPINION On November 1, 1984, Mary Ellen Sanders (debtor) filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. The debtor is a limited partner in Unit Development Limited Partnership (Unit Development), which has also filed for bankruptcy in this Court. The debtor’s husband, John Sanders, is a joint debtor in this case and is the gener...
Views: 1
OPINION Debtors move under 11 U.S.C. § 362(h) to impose penalties against William M.E. Powers, III, Esquire, for willful violation of the automatic stay. FACTS A judgment of foreclosure was entered in May 1987 in favor of First National Mortgage Association against the debtors Thomas and Patricia Mullarkey. The debtors filed a Petition in bankruptcy under Chapter 13 on June 8, 1987. A notic...
Views: 1
MEMORANDUM OPINION AND ORDER This case is before the Court on cross-motions for summary judgment. Energy Cooperative, Inc. (ECI) seeks summary judgment as to the affirmative defenses raised by Gulf Oil Corporation (Gulf) and Gulf seeks summary judgment in its favor. Both parties have filed statements of uncontested material facts pursuant to Rule 12. Neither party has controverted th...
Views: 1
ORDER DENYING CONFIRMATION AND DISMISSING CASE This chapter 13 debtor’s plan was before the court for confirmation on December 15. Following the hearing, the court announced denial of confirmation and dismissal of this case without prejudice. This Order confirms and explains the court’s ruling. This debtor’s plan is predicated upon the continued income of $3,131 a month take-home pay from his...
Views: 0
MEMORANDUM OF OPINION ON MOTION OF GUILD, HAGEN & CLARK, LTD. TO WITHDRAW PROOF OF CLAIM Procedural Background On January 9, 1976, an involuntary petition in bankruptcy was filed against H. Roger Lawler (Lawler) in the District of Nevada. The case was transferred to the Northern District of Texas, Dallas Division, on June 6, 1976 and on January 20, 1978 Lawler consented to an adj...
Views: 0
ORDER PROHIBITING FILING The Clerk of the United States Bankruptcy Court for the Eastern District of Virginia, Norfolk, Virginia, was approached by an attorney with the advice that he planned to file several large Chapter 7 cases with thousands of creditors. He was desireous of certain procedural information. He would not then identify the entities but indicated that it involved several health ...
Views: 0
MEMORANDUM AND ORDER This matter is before the court on cross motions for summary judgment. The trustee commenced this adversary proceeding by complaint filed May 29,1987, wherein he alleges that at the time of filing for relief under the Bankruptcy Code the Debtor was a judgment creditor of an individual who, subsequent to the bankruptcy petition, satisfied the judgment. The trustee...
Views: 0
ORDER PARTIALLY GRANTING MOTION FOR ADDITIONAL FINDINGS OF FACT, FOR AMENDMENT OR ALTERATION OF JUDGMENT OR IN THE ALTERNATIVE, FOR NEW TRIAL THIS CAUSE having come before the Court on November 4, 1987 on a Motion For Additional Findings of Fact, For Amendment or Alteration of Judgment or in the Alternative, For New Trial and with the Court being fully advised in the premises, makes the following...
Views: 0
MEMORANDUM OPINION AND ORDER On January 10, 1986, Theodore Robinson and Edith Robinson (debtors) filed for protection under Chapter 18 of the Bankruptcy Code. On February 14, 1986, the debtors filed this adversary action entitled, “Complaint to Avoid Fraudulent Transfer” against defendants, Edward Taylor (Taylor) and Federal National Mortgage Association (FNMA). Both Taylor and FNMA have ...
Views: 3
MEMORANDUM OPINION AND ORDER Before the Court, at the request of the Clerk of this Court and certain counsel practicing before the Court, is a procedural matter relating to the United States Trustee and the newly created office thereof in this District. The procedural issue involves 11 U.S.C. § 554 and Bankruptcy Rule 6007 relating to the abandonment of property of the estate. A copy of the for...
Views: 3
MEMORANDUM OPINION This matter comes on for determination by the court pursuant to the motion by RIB Detention Equipment, Inc., (hereinafter “RIB”) to dismiss the above-captioned adversary proceeding. The grounds for the dismissal motion arise and are based on this court’s order dated May 12, 1987, in adversary proceeding number 7-87-0142, which abandoned to Dominion Bank, N.A. (hereinafter “Domi...
Views: 0
MEMORANDUM OPINION Counsel for the above-captioned debtors in possession, Glenn; Flippin, Feldmann and Darby (herein “Counsel”), has filed an Application for interim compensation requesting allowance of fees in the amount of $35,629.00, together with reimbursement of expenses incurred in the amount of $3,420.81, for a total charge of $39,049.81. The Application for interim compensation al...
Views: 1
ORDER The matter before the Court is Plaintiff’s/Debtor’s motion for this Court to reconsider its June 26, 1986 Order, 61 B.R. 980, in this adversary proceeding, in light of the Federal District Court Order, dated February 3, 1987, 82 B.R. 495, vacating that Order and remanding this proceeding to the Bankruptcy Court for further review. A hearing was held on August 13, 1987, and both parties subm...
Views: 0
MEMORANDUM OPINION Debtors, who are dairy farmers, petitioned for relief under Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1201 et seq. 1 This case is before the court on an objection by Santiam Valley Bank (SVB), an undersecured creditor, to confirmation of the debtors’ Third Amended Plan. SVB objects to debtors’ plan because it provides for zero or nominal pa...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of the Farmers and Merchants Bank (Bank) to Dismiss the Adversary Complaint. The Trustee, Attorney Stephen G. Balsley, represents himself. The Bank is represented by Attorney James R. Buck. This Memorandum Opinion and Order shall represent findings of fact and conclusions of law pursuant to Rule 7052 of the Federal ...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the debtors’ Motion to Convert their pending chapter 12 case to a chapter 11 case. The Office of the United States Trustee opposes the motion. The Court heard argument on the motion on September 22, 1987, and took the matter under advisement. The Court has jurisdiction over these proceedings under 28 U.S.C. Section 1334 and 28 U.S.C. Sect...
Views: 1
ORDER DENYING MOTION TO MODIFY STAY OF FIREMEN’S FUND MORTGAGE CORPORATION This matter is before the Court upon Firemen’s Fund Mortgage Corporation’s (“Firemen’s Fund”) Motion to Modify Automatic Stay and the Debtors’ Memorandum in Opposition to Motion for Relief from Stay. This Court has jurisdiction over the present case pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference...
Views: 0
This adversary proceeding came on before the undersigned United States Bankruptcy Judge on April 2, 1987, upon the motion of Defendant Mary C. Losinski (hereinafter “Debtor”) for dismissal or summary judgment. Debtor appeared by her attorney, Wallace C. Sieh. Plaintiff appeared by his attorney, William A. Lind-quist. Upon the moving and responsive documents, briefs and argument of counsel, and ...
Views: 2
OPINION AND ORDER This matter is before the Court on the application by Prudential Insurance Company of America (Prudential) to set off a security deposit against pre-petition rents. Prudential filed its application in connection with its motion for partial summary judgment on the Debtor/defendant’s counter-claim for turnover of its security deposit in Prudential Insurance Co. of Am...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Objection of Bowen Oil Company (Bowen) to Exemptions and Request for Turnover Order. The Debtors are represented by Attorney David Jeffrey. Bowen is represented by Attorney Ralph E. Elliott. This Memorandum Opinion and Order shall represent findings of fact and conclusions of law pursuant to Rule 7052 of the Feder...
Views: 1
ORDER ON FIRST TEXAS SAVINGS ASSOCIATION’S MOTION FOR PROHIBITING USE OF CASH COLLATERAL; DEBTOR’S MOTION FOR USE OF CASH COLLATERAL; AND FIRST TEXAS’ SAVINGS ASSOCIATION’S MOTION FOR SETOFF THE MATTERS under consideration in this Chapter 11 case are a Motion to Prohibit Use of Cash Collateral filed by creditor First Texas Savings Association (First Texas), a Motion for Use of Cash Collateral f...
Views: 1
ORDER ON MOTION FOR ORDER CLARIFYING STAY AS TO NON-DEBTOR PARTIES BY FREEDOM SAVINGS AND LOAN ASSOCIATION THE MATTER under consideration in this Chapter 11 case is a motion of a secured creditor, Freedom Savings and Loan Association (Freedom), seeking clarification of the automatic stay provisions of Section 362 of the Bankruptcy Code as it applies to non-debtor parties. The Court consid...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 7 case is a Complaint filed by Plaintiff, Transouth Financial Corporation of Florida (Transouth), against Charles Homer Duncan and Sharon Marcia Duncan (Debtors). The Complaint seeks this Court’s determination of the dischargeability vel non of a debt pursuant to 11 U.S.C., Section 5...
Views: 1
ORDER DENYING CONFIRMATION These cases have been consolidated for opinion because they raise a common issue of bankruptcy law: Do partial liquidation Chapter 13 plans, i.e., plans which contemplate the sale or refinancing of the debtors’ residences at or near the end of the plan term, meet the confirmation criteria of 11 U.S.C. § 1325(a). In each of these cases a sale or refina...
Views: 1
*794 MEMORANDUM OPINION & ORDER 1 On April 23, 1985 the Debtors filed their Application to Determine Status of Claims in this Chapter 7 case. The Debtors asserted that on December 14, 1984, the Debtors granted American Fletcher Financial Services, Inc. (hereinafter: “American”) a mortgage on certain real estate to secure a certain indebtedness by the Debtors to Ameri...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT I Statement of Proceedings This adversary proceeding was instituted by the Debtor by complaint filed June 4, 1986 praying that the scheduled indebtedness of the Debtor to Gainer Bank (hereinafter: “Gainer”) and guaranteed by the State Student Assistance Commission of Indiana (hereinafter: “Indiana”) is dis-chargeable in Bankruptc...
Views: 1
BENCH DECISION FOLLOWING DECEMBER 23, 1987 HEARING ON DEBTOR’S APPLICATION FOR INTERIM CHANGES IN COLLECTIVE BARGAINING AGREEMENT A Chapter 11 case was filed by Beckley Coal Mining Company on November 20, 1987. Beckley as a debtor-in-possession is asking for interim relief from certain terms of a collective bargaining agreement under § 1113(e) of title 11 of the United States Code. The United Mine...
Views: 0
MEMORANDUM OPINION Before the Court is the Motion for Certificate of Contempt filed by the trustee, Allen W. Bird II, in the above bankruptcy proceeding. In his motion, the trustee is seeking to have Nanjer, Inc. d/b/a East-bridge Food Center (hereinafter “Nanjer”) held in contempt for violating and disregarding Orders of this Court and to have sanctions imposed against Nanjer for violati...
Views: 4
BENCH DECISION FOLLOWING DECEMBER 30, 1987 HEARING ON TRUSTEE’S MOTION FOR CONTEMPT ORDER AND CERTIFICATE OF CRIMINAL CONTEMPT This is the second motion to hold John B. Kennedy, a Chapter 11 debtor in contempt within a month. I have already ruled following hearing on that earlier motion that after notice, hearing and a finding of contempt, this court has the authority to enforce compliance with...
Views: 2
*861 ORDER ON APPLICATION TO RETAIN COUNSEL An application to retain counsel was filed on behalf of the Committee of Unsecured Creditors in the above case on July 10, 1987. Thereafter an objection to that application was filed on behalf of Universal Steel and Tull Metals, members of the committee. Both the applicant and the objecting parties have now supplemented the record by letter. From ...
Views: 0
MEMORANDUM OPINION On September 24, 1985, this Court conducted a hearing on the debtors’ complaint to cite the Bank of Bearden (Bank) and the Bank’s president, Ricky Green, for contempt for violating 11 U.S.C. § 525, the debtor antidiscrimination statute. The Court entered its memorandum opinion on August 5, 1986, holding that the Bank had violated 11 U.S.C. § 525(b). However, the Court d...
Views: 1
MEMORANDUM OPINION On May 9, 1985, Landscape Associates, Inc., (debtor) filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. The schedules listed total assets of $1,500,000.00 and total liabilities of $800,000.00. On February 19,1987, the debtor filed its third proposed plan of reorganization. A confirmation hearing was held on May 6, 1987, and the ca...
Views: 1
MEMORANDUM OPINION This case is before the Court for determination of the issues raised in the Motion To Transfer filed by Meritor Savings Bank. The parties have filed their memoranda of law and been heard with respect to the Motion. The Debtor filed its Voluntary Petition under Chapter 11 of the Bankruptcy Code (11 U.S.C. § 101 et seq.) on September 15, 1986. On October 6, 1986, the...
Views: 4
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motions of Home Federal Savings and Loan Association of Rockford (Home Federal), the M & I Bank (M & I) and the First National Bank and Trust Company of Be-loit (First National) for Relief from Automatic Stay or Adequate Protection. The Debtors are represented by Attorney Kenneth F. Ritz. Home Federal is represented by...
Views: 0
ORDER ON OBJECTION TO EXEMPTIONS On September 15,1987 a telephonic hearing on trustee’s objection to property claimed as exempt was held in Des Moines, Iowa. David A. Erickson, trustee, was present and Robert M. Benton appeared on behalf of the debtors. The case has been submitted on briefs, Mr. Honomichl’s affidavit and a letter from Mr. Burt Vust, an official with the International Union of O...
Views: 1
MEMORANDUM OPINION INTRODUCTION On July 2, 1987, First Federal Savings and Loan Association of Shreveport (“First Federal”) moved to transfer venue of this ease to the United States Bankruptcy Court for the Western District of Louisiana. First Federal also filed its supporting Memorandum on said date. On July 28, 1987, Debtor filed a Memorandum opposing transfer of venue. On November...
Views: 2
MEMORANDUM OPINION RE CHAPTER 7 TRUSTEE’S APPLICATION TO LEAVE ASSET UNADMINIS-TERED The Chapter 7 Trustee seeks permission to close a nearly three-year old case without waiting for final resolution of the estate’s $30,000 claim against Universal Financial Corporation (“Universal”). Universal is itself currently in a federal court receivership. The estate holds an undisputed fractional interest...
Views: 1
ORDER ON MOTIONS TO DISMISS On April 9, 1987 motions to dismiss filed by the Okey Vernon First National Bank (Bank) on March 19, 1987 and the trustee on March 31, 1987 came on for hearing in Des Moines, Iowa. Steven H. Krohn appeared on behalf of the Bank, Elizabeth A. Nelson, the Chapter 12 trustee, was present and Mark S. Lorence appeared on behalf of the debtors. The case has been submitted ...
Views: 0
MEMORANDUM OPINION Before the Court is the Objection to Confirmation of the chapter 13 plan of debtors, Thomas and Alma Brown, filed by Kiernan, Inc. d/b/a Curtis Mathes (Curtis Mathes) on October 22, 1986. An evidentiary hearing was scheduled for March 5, 1987. At that time, the parties agreed to submit stipulations of facts and citations of pertinent legal authorities to the Court regar...
Views: 0
OPINION The Debtors, John T. Bullington and Donald H. Bullington (hereinafter, Debtors), filed separate petitions under Chapter 12 on January 30, 1987. On May 1, 1987, the Debtors filed plans of reorganization. Travelers Insurance Company (hereinafter, Travelers) objected to both plans on the ground, among others, that confirmation of the plans as proposed would violate Travelers’ constit...
Views: 3
MEMORANDUM OPINION AND ORDER I Statement of Proceedings This case came on for partial hearing on August 20, 1987 adjourned to September 11, 1987 for an additional partial submission on objections to Debtor’s Chapter 12 plan filed June 24, 1987. The objections to said plan were as follows: 1. Objection by Equitable Life Assurance Society of the United States (hereinafte...
Views: 0
ORDER ON MOTION TO AVOID LIENS On May 26, 1987 a telephonic hearing was conducted in Des Moines, Iowa concerning an objection by the Farmers Home Administration (FmHA) to the debtors’ motions to avoid security interest in exempt property and to release exempt property held or impaired by the trustee. The debtors’ motions were filed on April 1, 1987. The FmHA lodged its objections to the m...
Views: 0
DECISION In each of the above adversary proceedings, the debtor and his non-debtor wife own property as tenants by the entireties which they jointly occupy as their marital residence. Community National Bank and Trust Company of New York (“CNB”), over objection of the spouses, seeks authorization pursuant to 11 U.S.C. § 363(h) to sell the combined interests of both co-owners of property. ...
Views: 6
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of the First National Bank (Bank) for Relief from Automatic Stay or for Abandonment and Other Relief. The Bank is represented by Attorney Thomas J. Potter. The Trustee, Attorney Daniel M. Donahue, represents himself. This Memorandum Opinion and Order shall represent findings of fact and conclusions of law p...
Views: 4
BENCH DECISION FOLLOWING DECEMBER 9, 1987 HEARING ON TRUSTEE’S MOTION FOR CERTIFICATE OF CONTEMPT The Kennedy case is a voluntary Chapter 11. It was Mr. Kennedy’s failure to comply with court orders that resulted in the appointment of a trustee. The trustee’s requests to Mr. Kennedy for turnover of keys to various properties having been ignored resulted in a motion directing that turnover. An o...
Views: 2
MEMORANDUM OPINION Darrel Lynn Sapp and Bonita Sue Sapp, hereinafter debtors, filed their Chapter 7 petition on September 3, 1987. On September 15, 1987, debtors filed two motions for avoidance of purported non-possessory and non-purchase money liens on their household goods under 11 U.S.C. § 522(f). The liens were held by two finance companies. Avco Financial Services of Rolla, Inc. made no answ...
Views: 0
OPINION This contested matter requires me to resolve some difficult issues concerning compensation of the former trustee in this case. The debtors, by separate counsel, have objected on various grounds to the fee application of Horace A. Stern, Esquire, *343 who previously relinquished his position as trustee because he became affiliated with a law firm which represented inte...
Views: 2
MEMORANDUM AND ORDER Came on for consideration the “Application for Order Authorizing Employment of Rob Johnson Interest to Sale (sic) and Lease Real Property” filed June 1, 1987, and after consideration of such application the Court enters the following Order. Trustee, Peter Johnson, has previously filed three applications for employment of an entity known as “Robert Johnson Interes...
Views: 3
ORDER Came on for hearing on March 31, 1987, the Application for Temporary Restraining Order filed by MCZ, Inc. (“MCZ”), Debtor, versus Andrus Resources Corp., et al., Defendants, and upon considering the evidence presented, the argument of counsel, and the memoranda of authority, the Court enters the following Order: I. Facts On October 28, 1985, Andrus Resources Corp., Bill W....
Views: 0
OPINION This case presents the question of whether the purchase of goods with a check returned for nonsufficient funds creates a nondischargeable debt under 11 U.S.C. § 523(a)(2). The question is troublesome despite the many times it has been before the courts. We hold that the debt is dis-chargeable because of the particular circumstances present, and we set forth our *181 f...
Views: 0
MEMORANDUM OPINION 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 sec...
Views: 1
MEMORANDUM OPINION Tobin Ranch has filed a petition for relief pursuant to Chapter 12 of the Code. FDIC moved to dismiss on the grounds debtor, is not a family farmer. Hearing was held on November 30, 1987, at which Michael G. Helms of Omaha, Nebraska, appeared for the debtor. Gerald Buechler of Omaha, Nebraska, appeared for FDIC. *167 Facts The farming operation of Tobin Ranch, Inc., i...
Views: 3
DECISION This decision addresses the extent to which a bankruptcy court can, and the extent to which it should impose itself upon a state court matrimonial proceeding. The questions arise in the context of a matrimonial proceeding in which the debtor’s spouse requests equitable distribution of assets to which the debtor has legal title and which would have been available for liquidation and dis...
Views: 3
*78 MEMORANDUM OPINION Before the Court are the motions to dismiss filed by the United States of America, through the Farmers Home Administration (FmHA), and A.L. Tenney, Trustee, in the above case. Also before the Court is the motion to dismiss, motion for relief from stay and objection to extension of time to file a plan filed by Desser Aud and Barbara Van Fossan. The motions came on for he...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Debtors’ Motion to Confirm their Chapter 12 Plan. On May 4, 1987, the Debtors applied to the U.S. Department of Agriculture, Agriculture Stabilization and Conservation Service (“ASCS”), Commodity Credit Corporation (“CCC”), to place certain of their farmland in the Conservation Reserve Program (“CRP”), under 7 C.F.R. § 704...
Views: 0
ORDER ON MOTION TO DISMISS On August 19, 1987 a hearing on the standing Chapter 12 trustee’s motion to dismiss and the debtors’ resistance thereto came on for hearing in Davenport, Iowa. The trustee filed her motion to dismiss on April 9, 1987. The debtors resisted on April 22, 1987. The Federal Land Bank (FLB) joined in the trustee’s motion on May 11, 1987. The Production Credit Associat...
Views: 1
MEMORANDUM OPINION This matter was heard on September 29, 1987. Joseph Badami appeared for Commonwealth Companies, Robert Craig appeared for the Creditors’ Committee and Steven Russell and Robert Okun appeared for the United States. At the hearing the Court requested the parties to submit written legal arguments. Statement of Facts The United States requests either an except...
Views: 2
MEMORANDUM AND ORDER These eight motions for relief from the automatic stay were consolidated since they raise the same legal issues, although the facts of each are slightly different. Over 80 creditors are represented by these motions, all seeking a determination that certain mortgages assigned to them are not property of the Debtor’s estate. The Debtor, Major Funding Corporation (“...
Views: 0
MEMORANDUM OPINION Debtors filed a petition for reorganization under Chapter 11 in 1985. Their plan was confirmed on July 18,1986. Since that time debtors have made all payments called for in the plan and have complied with the requirements of their confirmed plan. On September 20, 1987, debtors filed an application to allow them to voluntarily dismiss the confirmed proceeding for the express purp...
Views: 0
ORDER At Butte in said District this 20th day of November, 1987. Hearing was held on September 24,1987, on confirmation of Debtors’ Chapter 12 Plan, together with objection to the Plan by Federal Land Bank of Spokane (FLBS). At the close of trial, all parties were granted fifteen days to file briefs regarding their respective positions. The briefs have now been filed and this case is deemed s...
Views: 1
MEMORANDUM AND ORDER Before the court is the motion of Omni Savings Bank (Omni), f/k/a First Carolina Savings & Loan Association, for relief, pursuant to 11 U.S.C. § 362(d)1, from the automatic stay so as to allow Omni to pursue its appeal in a case in the South Carolina Supreme Court against a nondebtor party, Jo Ann Propps. Omni’s motion for modification of the automatic stay is opposed by the....
Views: 0
Before the court is the trustee’s objection to two proofs of claim filed by Eunice B. Murdaugh (Mrs. Murdaugh) on June 22, 1987. The trustee objects to the claims on the grounds that they were not timely filed and were not sufficiently documented or supported. FACTS 1. Murdaugh Volkswagen, Inc., filed its petition for relief under Chapter XI of the Bankruptcy Act of 1898, as amended, on February 1...
Views: 0
MEMORANDUM AND ORDER Before the court is the debtor’s motion for summary judgment, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, disallowing proofs of claim numbers 2, 13, 15, 16 and 18, on the ground that no genuine issue of material fact exists. Claim numbers 13, 15, and 18, originally filed by the International Ladies Garment Worker’s Union (the Union) and the Union’s Hea...
Views: 1
FINDINGS OF FACT AND. CONCLUSION OF LAW ON EASTGROUP PROPERTIES’ MOTION TO COMPEL COMPLIANCE WITH 11 U.S.C. § 365(d)(4) On September 1, 1987, and again on September 3,1987, this Court held hearings on the Motion to Compel Compliance with 11 U.S.C. § 365(d)(4) filed by EastGroup Properties (“EastGroup”). The gravaman of the motion was that the debtor, Southern Motel Associates, Ltd. (“SMA”), lea...
Views: 1
OPINION This cause came on for hearing as a result of the third amended complaint filed by the plaintiff, Jacob C. Pongetti, Trustee for the Estate of the Wellington Construction Corporation, hereinafter referred to as plaintiff or trustee; an answer and counterclaim having been filed by the defendant, Merchants and Farmers Bank, hereinafter referred to as defendant or bank; all parties being repr...
Views: 0
MEMORANDUM OPINION This matter is before the Court upon the motion of Amvest Funding Company (“Am-vest”) for relief from the automatic stay imposed by 11 U.S.C. § 362, regarding Rex Group, Inc. (“Rex”), the debtor herein. This relief was sought for the purpose of exercising rights under state law to recover and liquidate assets of the debtor’s es•tate; the assets sought by Amvest consist ...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 25, 1986, the debtors filed a complaint against the Internal Revenue Service of the United States of America (the “IRS”) to determine the debtors’ federal tax liability and for adjudication of objections to defendant’s proofs of claims. On April 9, 1987, the IRS filed a motion for an enlargement of time in which to file a claim for 1985...
Views: 1
MEMORANDUM AND ORDER The plaintiff, the United States of America fbo the Commodity Credit Corporation (CCC), commenced the instant action on March 17, 1987, seeking to have an overpayment in the sum of $149,181.06 rendered non-dischargeable pursuant to the provisions of section 523(a)(2)(A) of the Bankruptcy Code. CCC, relying on the Debtor’s plea of guilty to an indictment charging him with vi...
Views: 0
MEMORANDUM AND ORDER The plaintiff, who is the trustee in the above captioned case, brought this adversary proceeding seeking, inter alia, a determination of the rights of the several defendants to insurance proceeds paid as a result of a fire that destroyed certain assets of the bankruptcy estate. FACTS 1. The plaintiff seeks: (1) a declaratory judgment regarding the rights of the parties to the...
Views: 0
DECISION ON TRUSTEE’S COMPLAINT TO SET ASIDE FRAUDULENT TRANSFERS AND FOR OTHER RELIEF Rarely have we wished for the freedom to craft a script instead of a decision, but this bizarre fraudulent transfer action tempted us sorely. It is laced with backdated promissory notes, false financial statements, missing crucial records, admittedly false and patently incredible affidavits and testimon...
Views: 6
MEMORANDUM AND ORDER FOR RELIEF UNDER CHAPTER 11 On consideration of three petitions for involuntary relief filed on July 6, 1987, against the alleged debtor, above-named, and on consideration of the amended petition for involuntary relief filed on November 19,1987 by the petitioners who, on July 6, 1987, filed the three petitions just mentioned 1 an order for relief under chap...
Views: 0
OPINION At proceedings on December 9, 1987, in the above-captioned bankruptcy case in which we conducted the Final Audit hearing, a hearing on seventy-five (75) Objections to Proofs of Claim filed by the Trustee, and a hearing on an Application for compensation from assets of the estate filed by Henry C. Markofski, Esquire, Counsel for the Debtor, we indicated an intention to deny Mr. Mar...
Views: 2
BENCH DECISION FOLLOWING DECEMBER 81, 1987 HEARING ON AN APPLICATION FOR APPROVAL OF A § 363 SALE I am aware of the hour and of the need for all interested parties to meet elsewhere to continue whatever it is that needs to be done with respect to the Chang offer. Be that as it may, I am being asked to make a decision which must be a decision of record on the application for the sale of the equi...
Views: 1
MEMORANDUM AND ORDER This matter is before the Court on the motion of South Atlantic Production Credit and Pee Dee Federal Land Bank (movants) to dismiss the debtor’s case pursuant to 11 U.S.C. § 1208(c) on the ground that the case was filed in “bad faith”. FINDINGS OF FACT The movants are creditors of the above-captioned debtor and hold security interests in the debtor’s real e...
Views: 0
MEMORANDUM OPINION In this dispute the Court is presented with a creditor’s election, pursuant to 11 U.S.C. § 1111(b). Bankruptcy Rule 3014 provides that the election shall be made in writing and signed prior to the conclusion of the hearing on the Disclosure Statement or made at the hearing. On about May 27, 1987, the creditor, Conaway, Inc. (“Cona-way”), complied with Bankruptcy Rule 3014 and...
Views: 8
MEMORANDUM OPINION This matter commenced when the debtor applied to amend its Schedules A2, A3, B1 and B4. A creditor, the Urban Redevelopment Authority of Pittsburgh (“URA”), objects to the amendments as they effect Schedule B1 and B4. The debtor also moves to avoid the lien of the URA pursuant to 11 U.S.C. § 522(f). The parties agree to the following facts. The case was filed on January 9,1...
Views: 0
FINAL ORDER ON MOTION FOR RELIEF FROM STAY John Bargas, a secured creditor filed his Motion for Relief from Stay in the above case, which was denied in a Preliminary Order dated October 29, 1987 and filed October 30, 1987. Thereafter, a final hearing to consider the Motion was held on November 10, 1987. At the conclusion of the hearing the record was left open for the parties to file briefs for...
Views: 1
ORDER On October 23, 1986, N. Luis Rodriguez and Loretta G. Rodriguez filed a voluntary petition for relief under the provisions of chapter 7 of the United States Bankruptcy Code. The Honorable William Randal Wright was appointed trustee. On the day the petition was filed, Mr. Rodriguez (debtor) was a beneficiary of an employer-sponsored savings plan known as Harsco Corporation Savings Plan (...
Views: 1
OPINION This motion for summary judgment filed by the United States of America (the “government”) raises what is apparently a novel question concerning interaction between the doctrines of setoff and recoupment in bankruptcy. Mohawk Industries, Inc. (the “Debtor”) opposes the motion but makes no contention that there exists any genuine issue of material fact. The parties have stipulated t...
Views: 1
MEMORANDUM The debtor, Herbert Daboul (the “Debt- or”), moves to dismiss the complaint in these proceedings under Bankruptcy Rule 7012(b) and Federal Rule of Civil Procedure 12(b)(5) & (6), alleging insufficient service of process and failure to state a claim upon which relief may be granted. For the reasons set forth herein, we quash the service, but decline to dismiss the complaint. ...
Views: 0
MEMORANDUM OPINION On January 30, 1986, the United States District Court for the Eastern District of Arkansas entered an order pursuant to 15 U.S.C. § 78eee(b)(l) of the Securities Investor Protection Act of 1970 (SIPA), stating that the customers of Brittenum & Associates, Inc. (debtor), a securities dealer, were in need of SIPA protection. The Honorable James F. Dowden was appointed tru...
Views: 2
*649 OPINION This case presents the question of whether a state tax commissioner has a valid property interest in a liquor license by force of a statute which gives him the right to block the renewal or transfer of the license unless taxes are paid. Kick-Off, Inc. (the “Debtor”) operated a restaurant and lounge in Amherst, Massachusetts. Prior to the commencement of these bankruptcy proceed...
Views: 1
*876 ORDER GRANTING CONFIRMATION OF CHAPTER 13 PLANS I.PRELIMINARY STATEMENT These cases are before the Court upon non-evidentiary hearings held on October 13, 1987. The Court has consolidated its opinion in these cases because common issues of law have been raised, to-wit: whether cause exists under 11 U.S.C. § 1322(c) for these debtors’ Chapter 13 plans to provide for paym...
Views: 1
ORDER DENYING APPLICATION FOR ALLOWANCE OF ATTORNEY FEES AS ADMINISTRATIVE EXPENSE This matter is before the Court upon an application, filed by James and Roxanne Brown, the debtors in this Chapter 7 case. The application seeks allowance of an administrative claim in the amount of $750 for attorney fees for services relating to their bankruptcy case. That application was opposed by Thomas...
Views: 2
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING AWARD OF DAMAGES IN AP 82-882 IN THE SUM OF $30,297.49 This court formerly issued its judgment on January 15, 1987, awarding a recovery in the total sum of $33,360.17 in favor of the plaintiff trustee and against the named defendants in AP 82-882. See Matter of Ozark Restaurant Equipment Co., Inc., 74 B.R. 139, 145 (Bkrtcy.W.D.Ark.19...
Views: 0
OPINION Motions for summary judgment with respect to two counts of the complaint raise issues under contract law concerning impracticability of performance, as well as issues under corporate law as to liability of a corporate promoter and liability of the corporation under de facto existence and under subsequent de jure existence. The material facts are not in d...
Views: 1
ORDER ON ADMINISTRATIVE CLAIMS, INCLUDING COMPENSATION AND EXPENSES FOR TRUSTEE AND ATTORNEY FEES FOR COUNSEL FOR TRUSTEE This matter is before the Court upon a final report and an application for compensation and fees filed by Daniel F. Carmack, the duly-appointed trustee (“Trustee”) and the attorney for the Trustee in the Chapter 7 bankruptcy estate of Crawford Hardware, Inc. The Court has ju...
Views: 1
DECISION ON MOTION UNDER 11 U.S. C. § 105(a) TO STAY ARBITRATION IN YUGOSLAVIA This Chapter 11 debtor, Springer-Penguin, Inc., lost the benefit of the automatic stay in accordance with 11 U.S.C. § 362(e) when it stipulated to adjourn a hearing for relief from the stay beyond thirty days from the request for such relief, without obtaining a consent from its adversary, or an order from the court,...
Views: 2
ORDER SUSTAINING TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION This matter is before the Court upon an objection by Thomas R. Straus, the duly-appointed trustee in this Chapter 7 bankruptcy estate (“Trustee”), to an exemption claimed by debtor Barbara Baker. That objection was opposed by both Barbara and Donald Baker and was heard by the Court. The Court has jurisdiction in this contested matter ...
Views: 0
ORDER The above-styled bankruptcy case is before the Court on the Debtor’s Motion to Convert Chapter 7 Case to Chapter 11 and the Chapter 7 Trustee’s Objection thereto. A hearing was held on June 29, 1987, after which the Court took the matter under advisement. After considering the evidence and testimony presented at the hearing and the briefs filed by the Parties, the Court finds that i...
Views: 1
ORDER DENYING MOTION FOR RULE 2004 EXAMINATION This matter is before the Court upon a motion filed by Financial Services Group (“FSG”), a creditor in this Chapter 7 bankruptcy case. FSG seeks an order from this Court requiring Jordano Electric Co. of Ohio, Inc. (“Jordano”) to appear for examination by FSG and produce certain documents. FSG states that its purpose for seeking an examination of...
Views: 0
ORDER OVERRULING OBJECTION TO CLAIM OF WALTER W. WOLERY This matter is before the Court upon an objection filed on behalf of Fred G. Pres *861 ton, the duly-appointed trustee in bankruptcy (“Trustee”). The Trustee objects to the allowance of claim # 24, filed by Walter W. Wolery (“Wolery”) in the amount of $54,-499.98. The objection was opposed by Wol-ery and was heard by the...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ON MOTION FOR SUMMARY JUDGMENT This matter is before the Court upon plaintiff Bernell R. Mace’s Motion for Summary Judgment and a Cross-Motion for Summary Judgment filed by defendant Larry Ray Mace. Appended to each party’s respective motion is a memorandum in support. In response to the defendant’s cross-motion, the plaintiff filed a reply memorandu...
Views: 0
MEMORANDUM OPINION Debtors Keith Roy Pipes and his spouse Sherry Dee Pipes filed their petition for relief in Chapter 7 on May 1, 1987. Unknown to their bankruptcy counsel, they had previously filed for dissolution from the bonds of matrimony and on June 1, 1987 or June 7, 1987 or June 9, 1987 (the parties were as unclear as to the date as they were to most details) they were granted a de...
Views: 0
ORDER ON PROPOSED AGREED ENTRY The debtors David and Sarah Hayes, through their counsel, and the Ohio Student Loan Commission, through the Attorney General for the State of Ohio, have submitted a proposed agreed entry for the Court’s approval. For reasons stated below, the Court will not execute that order. These debtors filed a petition under the provision of Chapter 13 of the Bankruptcy Code on ...
Views: 0
ORDER ON MOTION FOR VALUATION OF CLAIM This matter is before the Court upon a motion filed by debtor Hiram A. Richardson asking this Court to value the claim of Bruce Howell and/or Gregory Bayless (“Bayless”) pursuant to 11 U.S.C. § 506. That motion was opposed by Bayless and was tried to the Court. The Court has jurisdiction in this matter under 28 U.S.C. § 1334(b) and the General Order ...
Views: 0
ORDER DENYING SUMMARY JUDGMENT The Trustee has filed a complaint to avoid the transfer of real property under 11 U.S.C. § 544(b) and for the return of the property or its value to the estate. During the pendency of this proceeding several motions have been filed, including a motion to dismiss filed by Kaye, a summary judgment motion by Eden, and a cross-motion for summary judgment filed by the Tr...
Views: 1
ORDER RE DEFENDANT’S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT This “Motion To Dismiss And For Summary Judgment” came on to be heard on November 30, 1987. Defendant, movant-debtor, James Philip Harwell, (“Mr. Har-well”), seeks a dismissal of the original “Complaint To Determine Dischargeability Of Debt And For Entry Of Judgment” heretofore filed by the plaintiff, Union Planters National Bank (“Ba...
Views: 1
MEMORANDUM OPINION On May 22, 1987, Robert Maurice Welsh, short filed a petition under Chapter 12 of the Bankruptcy Code. Rick Fink was duly appointed Trustee. The principal creditors are the Federal Land Bank, the Internal Revenue Service and the Security Bank of Auxvasse. The Court cannot with any certainty determine the total of these three debts because debtor has not filed tax returns for at ...
Views: 0
ORDER DENYING CONFIRMATION OF PLAN AND DISMISSING CASE This matter is before the Court upon a request by Eber-Acres Farm, a partnership, to confirm a Second Modified Plan of Reorganization (“the Plan”) proposed under Chapter 12 of the Bankruptcy Code. Confirmation was opposed by the Federal Land Bank (“FLB”) and Production Credit Association (“PCA”). The matter was heard by the Court at which t...
Views: 2
ORDER CONFIRMING DEBTORS’ PROPOSED CHAPTER 12 PLAN OF ADJUSTMENT OF DEBTS ON CERTAIN CONDITIONS AND WITH CERTAIN AMENDMENTS HEREIN MENTIONED AND ON CONDITION THAT NO CREDITOR OBJECTS WITHIN 21 DAYS OF THE DATE OF FILING OF THIS ORDER ON GROUNDS WHICH WERE NOT FAILED HITHERTO TO BE RAISED PURSUANT TO THE COURT’S PRIOR NOTICES In this chapter 12 case, the debtors have filed with the court and hav...
Views: 1
ORDER SUSTAINING OBJECTING CREDITOR’S OBJECTIONS TO CONFIRMATION OF THE DEBTOR’S CHAPTER 13 PLAN AND GRANTING OBJECTING CREDITOR RELIEF FROM THE AUTOMATIC STAY The files and records in this chapter 13 case show that the chapter 13 petition was *516 filed on June 15, 1987. A plan was filed some 14 days later, proposing to make payments to the trustee of $175 per month. As pertinent, it propose...
Views: 0
OPINION AND ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN AND DISMISSING CASE This matter is before the Court upon the requested confirmation of a Chapter 13 plan proposed by debtors Alex E. and Ann M. Silva, and upon this Court’s independent obligation to find that all tests for confirmation have been met. The plan proposed by these debtors calls for payments of $450 each month for 12 months...
Views: 0
ORDER DENYING DEFENDANT’S MOTION FOR REFERRAL TO INTERSTATE COMMERCE COMMISSION THIS MATTER coming before the Court on Motion of Defendant for leave to file pleadings with the Interstate Commerce Commission (I.C.C.) for a determination as to whether the freight charges asserted by the Plaintiffs constitute a reasonable practice, and for the Court to hold in abeyance its decision until the' I.C.C. ...
Views: 0
ORDER Heard on November 3, 1987, on the Trustee’s petition for instructions, and on the motion for relief from stay filed by Joseph and Marie Boscia, and submitted on supplementary memoranda furnished at the Court’s request on the issue of preference. The preference asserted by the Trustee arises out of the Sixth Division District Court consent order of August 4, 1987, entered eight days befo...
Views: 1
MEMORANDUM OPINION We are confronted with a secured creditor’s motion requesting that we reconsider and remove the stay issued in our July 17, 1987 order in this case. The motion also requests that we reconsider and allow the trustee’s sale of real property owned by the pro se debtor, Edith M. Gracey (“debt- or”)1. Movants are C. Denson and Bar*220bara M. Day (“movants”), who hold second2 mortgag...
Views: 0
ORDER In this Chapter 11 proceeding, two secured creditors Gallagher and Datsopoulos (Gallagher) have filed a motion for relief from the automatic stay to allow Gallagher to repossess real property of the Debtor sold by Gallagher under a Contract For Deed on July 1, 1981. Hearing on the motion, opposed by the Debtor, was held on September 9, 1987. The evidence shows that the Debtor’s predeces...
Views: 0
ORDER VACATING PROTECTIVE ORDERS Before the court is the motion of Mrs. Virginia A. Dunning to unseal the record and to revoke and withdraw the consent protective order dated August 13, 1987, as amended. The matter came on for hearing and after argument of counsel and upon consideration of the record herein, the court hereby vacates the Consent Protective Order of August 13, 1987, and the...
Views: 1
DECISION AND ORDER ALLOWING SKINNER CLAIM AND ALLOWING BISHOP AND COEN CLAIMS IN PART This matter is before the court upon the objection by the trustee to the claims of Richard J. Skinner (Claim #4), J. Robert Bishop (Amended Claim # 16), William R. Coen (Amended Claim # 17) and William R. Coen (Claim # 18). The court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and t...
Views: 1
ORDER This matter is before the court on remand from the United States District Court for a determination of the fairness, equita-bility, and lack of discrimination of debtor’s proposed plan of reorganization. FINDINGS OF FACT On March 28,1980, the debtor, Y.D. Maddox, Jr., doing business as Jefferson Meat Processing, filed a Chapter 11 petition. Debtor filed a proposed plan of ...
Views: 0
ORDER ON MOTION TO PROHIBIT DEBTORS’ USE OF CASH COLLATERAL On April 8, 1987 a motion to prohibit debtors' use of cash collateral and request for adequate protection filed on behalf of Production Credit Association of the Midlands (PCA) on March 23, 1987 came on for hearing before this court in Des Moines, Iowa. 1 The debtors filed a resistance to the PCA’s motion on April 2, 1987. Thomas H. ...
Views: 0
MEMORANDUM OPINION On January 27, 1986, Duane Long (debt- or) filed a voluntary petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. On September 8, 1986, the case was converted to chapter 7 and Hon. Walter Dickinson was appointed trustee. The matter before the Court is the debt- or’s objection to First National Bank of DeWitt’s (FNB) unsecured...
Views: 0
MEMORANDUM RE: ORDER GRANTING MOTION TO DISMISS The matter before the Court is the Motion to Dismiss Galloway Farms, Inc. (Debtor) bankruptcy case filed by Phoenix Mutual Life Insurance (Phoenix). The Court having reviewed the evidence and the arguments of counsel now makes the following Findings, Conclusions, and Order pursuant to F.R.B.P. 7052. This is a core proceeding under 28 U.S.C. ...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon a Motion for an Order Extending the *558 Automatic Stay filed by the Debtor. The United States of America, on behalf of the Internal Revenue Service (“IRS”) filed an answer in this proceeding and a trial occurred on September 30, 1987. The Debtor filed his Chapter 13 petition on March 13, 1987, pursuant to 11 U.S.C. § 301 ...
Views: 1
MEMORANDUM OF DECISION JOHN K. PEARSON, Bankruptcy Judge. This case is before the Court for ruling upon the objection of the Federal Land Bank of Wichita (“FLB”) to confirmation of the Chapter 12 plan of Marvin Ray and Oreta Ann McKinney (“debtors”). Debtors appear by Patricia Rose Myers and Daniel W. Forker, Jr. of Reynolds, Peirce, Forker, Suter, O’Neal & Myers, Hutchinson. FLB appe...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause was tried before the Court on August 3, 1987, on a creditor’s objection to Debtor’s claim of exemptions. After hearing the arguments of counsel and reviewing the supporting evidence, the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The Debtor, was until mid-1985 a sole proprietor engaged in the busi...
Views: 0
MEMORANDUM OPINION ON TRUSTEES OBJECTION TO EXEMPTIONS This matter comes before the Court on the Trustee’s objection to certain exemptions in personal property claimed as exempt by virtue of tenancy by the entireties. Upon consideration of the evidence, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1.On February 6, 1981, the Debtor, in c...
Views: 0
ORDER DENYING TRUSTEE’S OBJECTION TO EXEMPTIONS This cause having come on before this Court upon the Objection by Peter N. Hill, Trustee, to the exemption claimed by German Montoya, Debtor, for a $3,800.00 deposit alleged to be wages, and this Court having heard the arguments of counsel, having heard the evidence and being otherwise fully advised in the premises. FINDINGS OF FACT This court...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the motion of Ranch House of Orange-Bre-vard, Inc., (“Ranch House”) to assume an executory contract with Frieda Gluckstem and Sybil Gilman. After hearing, this Court ruled that the lease had been expressly rejected by virtue of the confirmation of the debtor’s plan of reorganization. The Eleventh Circuit Cour...
Views: 1
MEMORANDUM OPINION This cause is before the Court upon cross motions for summary judgment. The parties have submitted written arguments supporting their motions and have had adequate opportunity to respond to the argu *931 ments filed by opposing counsel. Stipulated facts have been filed. Upon a review of the entire record, the Court grants summary judgment in favor of the pl...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before this Court on cross motions for summary judgment. Having considered the pleadings and arguments of counsel, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The debtor in this case, Tracy M. Baker, Jr., is a former civilian employee of the United States Air Force, employed at Homestead, Flori...
Views: 0
MEMORANDUM OPINION This adversary proceeding seeks an exception to discharge pursuant to 11 U.S.C. § 523(a)(2). The Facts In February, 1986, defendant and husband financed some transmission repairs on a motor vehicle. The transmission shop arranged financing through ITT Financial Services, Inc. The loan information was taken by telephone. The original loan was for ninety days. At the end ...
Views: 0
MEMORANDUM OPINION The matter under consideration is a Motion to Value Claim of CARIBANK LEASING CORPORATION (“Caribank”) filed by the Debtor. In considering the Debtor’s motion the Court addressed the following four issues: 1. Whether the “Equipment Lease” between the Debtor and Caribank was a “true” lease subject to § 365 of the Bankruptcy Code or a financing arrangement subject to § 506 of...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW The plaintiff has filed motion for summary final judgment. The United States has opposed that motion and has filed a cross-motion for summary judgment against the plaintiff. Defendants Reuben E. Brigety, Reuben E. Brigety, M.D., P.A., and Thomas W. Brooks, III, have joined the plaintiff in opposition to the United States and have filed their own cross-motio...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW Based on documentary evidence and testimony presented at trial on July 30, 1987, the Court makes the following findings of fact and conclusions of law: I.FINDINGS OF FACT 1. In 1985, Plaintiff, PERNELL B. DRIVER (“DRIVER”), grew 100 acres of Charleston Gray and 20 acres of Crimson Sweet watermelons in Suwannee County, Florida. 2. During the first we...
Views: 0
OPINION FACTS The appellee, Southeast Company, the debtor herein, is a California limited partnership. Its sole asset is an apartment complex in Jacksonville, Florida. The appellant, Florida Partners Corporation, is the successor-in-interest to I.R.E. Florida Income Partners, Ltd. 1 I.R.E. was the holder of a promissory note in the amount of $561,000, secured by a second m...
Views: 0
OPINION I This case involves the sole issue of whether a Producer’s Lien established by California law may be avoided by the trustee in bankruptcy under Section 545(2) of the Bankruptcy Code (“Code”). Section 545(2) requires a comparison of the lien-holder’s rights against the rights of a hypothetical bona fide purchaser. The Bankruptcy Court found that the lien was voidable because ...
Views: 1
OPINION FACTS The debtor, James M. West (“West”), was employed by Intel Corporation until January 17, 1986. As an Intel employee, West was an automatic participant in the Intel Profit-Sharing Retirement Plan *24 (“Plan”). The Plan is an ERISA qualified plan and contains the following language: Section 11(a) No Assignment of Property Rights.... [T]he interest or property rights of any pe...
Views: 1
OPINION Creditor Pasatiempo Properties appeals an order denying it attorney’s fees under Bankruptcy Code section 506(b) for all post-petition litigation except filing a proof of claim. We reverse. FACTS Le Marquis Associates (“Le Marquis”), a limited partnership, was formed in 1981 in order to purchase an apartment complex located in Sacramento, California. On January 8, 1981, Le Marquis ex...
Views: 1
*571 OPINION The debtors appeal the trial court’s denial of their motion to dismiss an adversary proceeding. We affirm. FACTS On March 21, 1985, the debtors, Maurice and Elaine Goralnick, filed a voluntary petition under chapter 11 of the Bankruptcy Code (“Code”). On the petition date, the appellee, George Bromberg, was a plaintiff in a state court lawsuit against the d...
Views: 1
OPINION Chase Manhattan Bank, N.A. (Chase) appeals from an order denying its motion to amend the order that awarded fees and expenses to Sultan Corporation’s (debtor) counsel as administrative costs. Chase’s appeal was timely filed. ISSUE Whether attorney’s fees for postconfir-mation legal services performed for the debtor’s estate are compensable as administrative expenses under Bankrupt...
Views: 1
OPINION This appeal arises out of the trial court’s order awarding sanctions in favor of Bank of America in the amount of $18,960. We AFFIRM. FACTS The debtor’s attorney prepared and filed a voluntary Chapter 11 petition on behalf of the debtor Eighty South Lake, Inc. Soon after the filing, the appellees filed separate motions to dismiss and Bank of America (“Bank”) requested sa...
Views: 4
OPINION The Chapter 7 trustee, Gary Miller, appeals the bankruptcy court’s order granting summary judgment dismissing this adversary proceeding. We AFFIRM. FACTS The Debtor, Marvin Schuman, and the Appellee, Harriet Schuman, were divorced by Final Judgment of the Superior Court of Los Angeles on August 10, 1983. The Debtor and Mrs. Schuman have two children. During the course of...
Views: 1
ORDER In this Chapter 12 case, hearing on the Debtor’s Third Amended Plan was held on June 30, 1987, together with objections filed by Federal Land Bank of Spokane (FLB), Joyce M. Fowler (Fowler) and Interstate Production Credit Association (PCA). At a prior hearing, the Court determined that the value of the Debtor’s land and improvements was $125,595.00, and it is on the basis of that valuati...
Views: 1
ORDER This case is before the Court on a Motion for Relief from the Automatic Stay filed by Olympic Construction, Inc. (“Olympic”). A hearing was held on the motion on October 20, 1987, 1 and the parties submitted briefs to the Court following the hearing. The facts, briefly stated, are as follows. In late 1983, the Debtor Village Centers, Inc. (“VCI”) entered into a const...
Views: 1
MEMORANDUM OPINION I. Introduction These interrelated debtors filed petitions under Chapter 11 of the Bankruptcy Code, *450 on March 30, 1987. Their exclusive right to file plans, as provided by 11 U.S.C. § 1121(b) would have expired on July 28. Being unable to submit plans of reorganization, the debtors filed motions for extension on July 16, 1987. 11 U.S.C. § 1...
Views: 1
MEMORANDUM OPINION AND ORDER On October 14, 1987, Alamo Plumbing Supply Company’s (“Alamo”) complaint on objection to discharge of a debt under 11 U.S.C. 523(c) came on for trial. This memorandum opinion constitutes findings of facts and conclusions of law under Bankruptcy Rule 7052. The facts are relatively simple and straightforward. The debtor, Harold Durst, was doing business as Durst Plumbing...
Views: 0
MEMORANDUM OPINION Introduction This case has been pending under advisement for some time because this Court considers it to be a case of considerable importance, although the dispute involves the seemingly trivial sum of $75.00. The sum is not trivial to the individual Debtors, for they are elderly retirees barely surviving on social security benefits, forced into bankruptcy bec...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on the Issue of Debtor’s Right to Disclaim His Interest in an Inheritance. At the Trial, the parties had the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the evidence and arguments, as well as the entire record in this case. Bas...
Views: 2
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Debtors’ Request to Reopen and Discharge Debts and the Request for hearing filed by Paul and Emily Apodaca. The Court, on July 15, 1987, entered its Order reopening the case. Therefore, the request by the Apodaca’s shall be treated as a motion to reconsider that order. The petition under Chapter 7 her...
Views: 1
MEMORANDUM OPINION AND RECOMMENDATION This cause comes before the Court after Continued Hearing on Plaintiff’s Petition for Removal and Motion for Change of Venue, and Defendant’s Motion for Dismissal of Aztec Industries, Inc.’s Petition for Removal, or, Alternatively, for Remand *466 and Motion for Abstention. The Court has reviewed the Petition, the Motions, and the written...
Views: 1
ORDER This Chapter 13 case is before the Court pursuant to the debtor’s objections to awarding attorneys’ fees on the secured claim of Community Federal Savings & Loan (“Community”), and interest and attorneys’ fees on the secured claim of the First National Bank of Cincinnati (“First National”), all pursuant to 11 U.S.C. § 506(b). The relevant facts are undisputed: In May of 1972 a ...
Views: 3
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF DEBT STATEMENT OF THE CASE Charles Gregory Hart a/k/a Gregory Charles Hart, Defendant, filed his Chapter 7 bankruptcy case with the Court on February 24, 1987. On March 17, 1987, Jeanine Williams a/k/a Jeanine Williams Nesbitt and Criterion Insurance Company, Plaintiffs, filed with the Court this adversary proceeding. In the adversa...
Views: 1
MEMORANDUM OF DECISION Presented for consideration is a Motion for Partial Summary Judgment, filed on behalf of Mansfield lire & Rubber Company, Pennsylvania Tire and Rubber Company of Mississippi, Inc. and Pennsylvania Tire Company (collectively, Debtors), seeking a determination that post-petition real estate taxes constitute an in rem obligation attaching to the assessed real estate an...
Views: 8
MEMORANDUM OPINION REGARDING MOTIONS BY DEBTORS FOR TURNOVER OF FUNDS The facts of these cases have been stipulated by the debtors, the Chapter 7 trustees, and the Chapter 13 trustee, and are as follows. Each of the first fifteen cases listed above was commenced under Chapter 13 of the Bankruptcy Code prior to October 9, 1984, the effective date of the BAFJA. 1 The remainder were filed after ...
Views: 1
OPINION Industrial Indemnity Company appeals from an order determining that its lien for unpaid workers compensation insurance premiums asserted against property of the debtor North Side Lumber Company is invalid. We affirm. FACTS In July 1983 Industrial Indemnity entered into an agreement with North Side Lumber to provide workers compensation insurance coverage for the policy year July 1, ...
Views: 0
MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT Before this Court is the Motion of California First Bank (“CalFirst”) for Reconsideration of Order Disallowing Claim, Alternative Motion for Extension of Time to File Claim, Alternative Motion to Permit Late Filing of Claim, Alternative Motion to Deem Proofs of Claim Filed Informally and to Permit Amendment Thereof, and Alters native Motio...
Views: 2
MEMORANDUM OF DECISION This matter comes before the court on a Motion to Dismiss filed on behalf of defendants Edwin Wilson, June Marsh Wilson, Rees Cecil Chapman and Dorothy Wilson Chapman. (Wilson/Chapman). Plaintiff, GEX Kentucky, Inc. (GEX) initiated this adversary proceeding by filing a complaint, subsequently amended, to determine ownership of and damages to certain real property lo...
Views: 2
MEMORANDUM OF DECISION AND ORDER Denying Injunctive Relief The matter before the Court is the complaint for injunctive relief filed by River Family Farms, Inc. (Debtor). The Court, having reviewed the testimony, pleadings, and briefs of counsel, makes the following Findings, Conclusions, and Order pursuant to Fed.R.Bankr.P. 7052. This matter is a core proceeding under 28 U.S.C. §...
Views: 2
OPINION Meritor Mortgage Corporation, West (“Meritor”) appeals from an order of the bankruptcy court refusing Meritor’s request for reasonable attorney’s fees under section 506(b) of the Bankruptcy Code. The trial court’s order denying attorney’s fees to the appellant was expressly predicated on the Ninth Circuit case of In re Johnson, 756 F.2d 738 (9th Cir.1985). After reviewing the trial ...
Views: 3
The trustee, pursuant to 11 U.S.C. §§ 549 and 550(a)(1), filed a complaint to avoid the debtor’s post-petition transfer of a promissory note secured by a deed of trust. The bankruptcy court granted the trustee’s motion for summary judgment. We affirm. FACTS The debtor, Astarte Davis Rice, bought certain real estate in Contra Costa County, California, on October 19, 1978. The property ...
Views: 1
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN This matter is before the Court upon the requested confirmation of a Second Amend*50ed Chapter 13 plan proposed by the debtor in the above-captioned case and upon this Court’s independent obligation to find that all requirements set forth in 11 U.S.C. § 1325(a) have been met. The Court notes that the debtor’s plan calls for payments of $300.00 each mon...
Views: 0
ORDER GRANTING RELIEF FROM AUTOMATIC STAY In this case, a creditor, Ronald E. Tow-ery, filed a motion for relief from the automatic stay on October 29, 1987. The basis of the motion was the Debtor’s failure to cure the default on a Contract for Deed within sixty (60) days of the filing of its Chapter 12 petition. The Debtor resists the motion. Mr. Towery cited this Court’s recent decisions in...
Views: 1
FINDINGS AND CONCLUSIONS OF LAW Introduction— The above-styled adversary proceeding was commenced by a former spouse of David Roy Brazier, a debtor in the above-styled case, to determine the dischargeability of a debt alleged by the former spouse to be for support of a child of the debtor and, therefore, nondischargeable under 11 U.S.C. § 523(a)(5). The plaintiff has moved for summary judgment. U...
Views: 0
MEMORANDUM OPINION On the 11th day of September came on to be considered the application of NPC, Inc. (“Plaintiff” or “NP/C”) seeking a preliminary injunction against El Paso Floor, Inc., (“Defendant” or “El Paso”), and the Court, after reviewing stipulations of facts, legal issues and hearing argument of counsel makes this its memorandum opinion and enters the following Findings of Fact and Co...
Views: 3
*646ORDER AUTHORIZING IRS TO DIRECT ALLOCATION OF PAYMENTS This matter is before the court upon the proposed findings of facts and conclusions of law and response thereto filed after a pretrial conference was held as the result of an order of the United States District Court reversing an order of this court and remanding this cause for further consideration. Upon review of this cause, the court f...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Plaintiff’s consolidated Complaints. Discovery has been conducted on this matter, and stipulations of fact have been submitted to the Court. The parties have filed written Memoranda and Briefs respecting the merits of the Complaints, and have had the opportunity to respond to the arguments of opposing counsel. A...
Views: 1
MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter came before the undersigned judge for summary judgment on August 26, 1987, on the complaint of the Estate of William T. Malloy (hereinafter “Estate”) to determine dischargeability of certain debts arising from the debtors’ storage and abandonment of liquid chemical waste. Kathleen B. Ebert appeared on behalf of ...
Views: 0
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT MARTIN E. HANSEN’S MOTION FOR SUMMARY JUDGMENT This adversary proceeding for turnover of property alleged to be property of Debt- or’s bankruptcy estate comes on before the undersigned United States Bankruptcy Judge in chambers upon Plaintiff’s and Defendant Martin E. Hansen’s cross-motions for summary judgment. ...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT AGAIN DENYING PLAINTIFFS’ COMPLAINT This court formerly entered its final judgment denying the complaint of the chapter 13 debtors to recover their foreclosed residence as a fraudulent transfer within the meaning of section 548(a)(2) of the Bankruptcy Code and Matter of Hulm, 738 F.2d 323 (8th Cir.1984), and Durrett...
Views: 0
FINDINGS OF FACT CONCLUSIONS OF LAW Airline Reporting Corporation’s (ARC) Motion for Relief from Automatic Stay or, in the Alternative, Adequate Protection, came on for hearing on December 16, 1986. After consideration of the Motion, the evidence introduced during the hearing, the memoranda, briefs and other supporting documentation submitted, and the records and files of this case, this Court ...
Views: 0
OPINION David M. and Marjorie Grzybowski appeal from an order disallowing their claim against Aquaslide “N” Dive Corporation (Aquaslide). We affirm. FACTS On or about July 14, 1984, David Grzy-bowski, appellant, was severely injured as a result of sliding down a slide into his swimming pool. It is alleged that the slide in question was manufactured by the debt- or, Aquaslide. Ne...
Views: 2
ORDER Hearing was held, after notice, on March 6, 1987, on the motion of Citizens First National Bank (Bank) for relief from the automatic stay or, in the alternative, for an award of adequate protection. The Bank holds a valid first security interest in collateral of the Debtor consisting of cattle, machinery, equipment, vehicles and land. The Bank produced evidence that the total value of .the c...
Views: 2
MEMORANDUM OF DECISION This matter is before the Court in this chapter 11 proceeding on the Request for Abandonment and Relief from the Automatic Stay filed by the Ninth District PCA (hereinafter “PCA”) and a Brief in Response to such Request filed by the Trustee, Joseph I. Wittman (hereinafter “Trustee”). Specifically, this Court must determine the extent of a lien held by PCA to entitlements ...
Views: 1
*986 MEMORANDUM AND ORDER The instant adversary proceeding was commenced by Complaint filed September 29, 1982, and later amended December 22, 1983, whereby the plaintiff, Spears Carpet Mills, Inc. (SCM), through its Chapter 7 trustee seeks both compensatory as well as punitive damages from the defendants in consequence of certain events surrounding the purchase of SCM by G & A C...
Views: 0
DECISION First Colony Farms, Inc. (“First Colony”), one of the four affiliated debtors and debtors-in-possession (the “Debtors”) in these four Chapter 11 cases, seeks an ex *831 tension pursuant to 11 U.S.C. § 1121(d) (1986) of its exclusive periods for filing a plan of reorganization and soliciting acceptances. The motion is supported by the Unsecured Creditors Committee. Th...
Views: 1
OPINION AND ORDER This matter came on to be heard on the Trustee’s motion to reconsider this Court’s Opinion and Order holding that government deficiency payments are “proceeds” under Section 9-306 of the Uniform Commercial Code, 68 B.R. 43. The motion was granted because the resolution of the issue is important to those involved with agricultural finance and a record needed to be developed to ...
Views: 2
OPINION The issue before the Court is whether the Debtor’s interest in the corpus of a spendthrift trust, which is to be distributed to the Debtor at age 50 and is not subject to any spendthrift provisions, is part of the bankruptcy estate. The Debtor, Joseph Newman, is the beneficiary of two irrevocable inter vivos trusts created by his parents, Joseph and Beatrice Newman, in Decemb...
Views: 1
MEMORANDUM DECISION On October 18,1983, John L. and Jean F. Riley filed their chapter 13 plan which provided monthly payments of $976.00 to the trustee until the sale of their house. The monthly payments then would be reduced to $675.00 per month for the balance of thirty-six months. The Rileys were scheduled to pay out a total of $120,205.73, of which $69,895.70 would go to secured claim...
Views: 2
MEMORANDUM OPINION This adversary proceeding involves a Complaint by a bankruptcy trustee to determine the validity, priority, and extent of a lien. The Complaint raises the issue *10whether a certain mortgage deed was properly executed and acknowledged by the debtor in accordance with the law of the State of New Hampshire, such that the trustee has no power to avoid a lien by defendant Laconia S...
Views: 2
ORDER ON APPLICATION TO AVOID LIENS On January 21, 1987 a hearing was held in Des Moines, Iowa on the debtors’ application to avoid liens filed on November 10, 1986 and resisted by Des Moines Telco Credit Union (Telco) on November 19,1986. Frank M. Smith appeared on behalf of the debtors and Terry Wright appeared on behalf of Telco. Letter briefs have been filed by both parties. For the re...
Views: 0
MEMORANDUM OPINION An unsecured creditor of the debtor, Philadelphia Gas Works, (PGW), a utility company, has filed an application for approval of an administrative expense claim pursuant to 11 U.S.C. §§ 503(b)(3)(D), and (4). PGW argues that it is a creditor which has made a “substantial contribution” to this case, and seeks reimbursement of attorneys fees it paid which enabled it to ren...
Views: 3
ORDER DENYING MOTION TO APPROVE EMPLOYMENT OF ATTORNEYS This matter came on to be heard ex parte, upon the motion of the debtor, The Andy Gibb Organization, Inc., for this court to approve employment of attorneys. The debtor filed its petition under chapter 7 on October 20, 1987. Chapter 7 governs liquidation proceedings. No provision exists in chapter 7 requiring a debtor to obtain court appro...
Views: 1
ORDER AND MEMORANDUM OPINION DISMISSING CHAPTER 11 PETITION THIS CAUSE having come to be heard on September 3, 1987, on the motion of William Nortman, Receiver of Wynwood Mercantile Corporation (“Wynwood”) and the State of Florida, ex rel. Gerald Lewis Comptroller of the State of Florida, to voluntarily withdraw and dismiss a Chapter 11 Petition filed by Richard Schulze purport...
Views: 0
ORDER GRANTING MOTION FOR TURNOVER OF PROPERTY TO BANKRUPTCY ESTATE At the hearing held on November 10, 1987, the Chapter 7 Trustee in Bankruptcy for Jarax International, Inc. (hereinafter referred to as the Trustee) moved the Court for an Order compelling the law firm of Steel Hector & Davis to turn over or disclose certain records or files held by the law firm which relate to...
Views: 0
Century Glove, Inc., citing 11 U.S.C. § 1126(e) and BR 2019(b), has moved to invalidate the votes of three creditors who rejected Century’s proposed plan. It contends that First American Bank of New York (FAB) acted in bad faith in soliciting and procuring the rejections of SWG Acquisition Corporation (SWG), Bankers Trust New York Corporation (BTNY), and La-tham Four Partnership (Latham Four); an...
Views: 0
MEMORANDUM OPINION THIS MATTER COMING ON TO BE HEARD AND BEING HEARD before the undersigned United States Bankruptcy Judge presiding at the February 4, 1987 session of the United States Bankruptcy Court for the Middle District of North Carolina at Greensboro, North Carolina, at a hearing on the motion by the United States of America for an order requiring the debt- or to begin making its plan p...
Views: 0
ORDER At South Bend, Indiana, on June 2, 1987. The matter is before the court on a Motion to Stay Further Distributions and an Opposition to the Eighth Application to Make Distributions filed by movants Tom M. Gill, Michael T. Nail, Leo M. Mieth, individually and on behalf of a class of persons similarly situated, and the Vietnam Veterans of America, Inc. Hearings on the motion to stay furthe...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, as Trustee, has filed this action to recover certain real property alleged to have been fraudulently conveyed prepetition by the debtor to his grandparents. Upon the testimony and documentary evidence presented at trial, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. In late 1983, debtor moved to ...
Views: 0
MEMORANDUM OF OPINION AND ORDER The Plaintiff-Trustee filed the above-styled adversary complaint to set aside an allegedly preferential transfer pursuant to 11 U.S.C. § 547. The transfer at issue is the repossession by the Defendant, Schafer Bros., Inc. (“Schafer”), of some furniture and equipment on April 15, 1986, less than ninety days prior to the filing of the Chapter 11 petition by the Debto...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on for Trial before this Court on August 25, 1987, upon a Complaint to Determine Dischargeability of a Debt, and upon written Final Arguments and Post-Trial Memoranda of Law submitted by the parties as requested by this Court; and the Court, having observed the candor and demeanor of the witnesses, examined the evidence presented, considered ...
Views: 0
MEMORANDUM DECISION Henderson Ranches, a partnership, has filed for relief under Chapter 12 of the Bankruptcy Code in this Court. The partnership debts may exceed $1,500,000.00, an eligibility requirement imposed by 11 U.S.C. § 101(17)(B)(ii), but the Debtor claims the “one dwelling for residential purposes" exclusion of § 101(17)(B)(ii) places the partnership debt below the $1,500,000.00 maxim...
Views: 0
FINDINGS AND ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE COMPLAINT OBJECTING TO DISCHARGE AND TO DETERMINE DISCHARGEABILITY This matter i came on before the court on the Motion for Extension of Time to File Complaint Objecting to Discharge and to Determine Dischargeability, filed by Anas-tasios Karathanasopoulos, the courts finds as follows: 1. The Order for Meeting of Creditors in the...
Views: 0
MEMORANDUM DECISION The Chapter 12 Debtor moves the Court, pursuant to 11 U.S.C. § 1201 to extend relief of stay to non debtor individuals who signed, and guaranteed, indebtedness to Twin River National Bank and Federal Land Bank of Spokane; or in the alternative, Debtor asks the Court to issue a special stay under 11 U.S.C. § 105. Federal Land Bank objects to the granting of stay protection to...
Views: 0
MEMORANDUM OPINION Before the court is the motion of the debtors, Albert and Cynthia Astin (“the debtors”), to dismiss their joint Chapter 7 case without prejudice. BACKGROUND The debtors filed a joint petition under Chapter 7 of the Bankruptcy Code on January 16, 1987. They prepared a homestead deed claiming exempt, among other things, federal and state tax refunds they were entitled to. H...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Upon evidence adduced, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The Chapter 7 debtor, Raymond H. Wood, Jr., DDS, a/k/a Ray Wood, is the plaintiff in this adversary proceeding. The United States of America is both the defendant in this proceeding and a claimant in the main case. 2. The ...
Views: 0
MEMORANDUM OPINION ON COMPLAINT TO AVOID PREFERENTIAL TRANSFER STATEMENT OF THE CASE Dennis Edward Blackburn, Debtor, filed a petition for relief under Chapter 7 of the Bankruptcy Code on July 22, 1985. On July 11-, 1986, J. Coleman Tidwell, Trustee,1 filed a complaint against Chrysler Credit Corporation, Defendant, asserting that Defendant had received a preferential transfer which should be avo...
Views: 1
ORDER ON FINAL FEE AWARDS This case came before the court on November 30, 1987 upon various applications for final fee awards and reimbursement of expenses. All applications were noticed to creditors and the United States Trustee by the Clerk of this court with provision that any objections to the applications be filed on or before November 26,1987. No objections were filed to the applica...
Views: 0
These matters are before the Court on a creditor’s motion in each proceeding for relief from the automatic stay to offset pursuant to 11 U.S.C. § 553. The cases were heard on October 22, 1987, at a hearing at which all parties in interest were represented by counsel who presented evidence, briefs and argument. Upon consideration of this matter it is the opinion of the Court that offset is not a...
Views: 1
MEMORANDUM OPINION AND ORDER ON MOTION TO STRIKE JURY DEMAND I. Background On June 8, 1984, an involuntary petition for relief under chapter 11 of Title 11, United States Code (“the Code”) was filed with this court against Honeycomb, Inc. (the “Debtor”). On June 14, 1984, the official unsecured creditors’ committee of the debtor (the “Creditors Committee” or the “Committee”) was appo...
Views: 2
MEMORANDUM AND ORDER The plaintiff, as trustee of the bankruptcy estate, seeks in this adversary proceed *783 ing (1) a determination of the validity of certain liens on real property in Aiken County and (2) a determination of the validity of Charleston Capital Corporation’s mortgage on said property. The plaintiff alleges that Charleston Capital Corporation’s mortgage i...
Views: 0
MEMORANDUM AND ORDER On July 29, 1987, the complaint of Plaintiff, Samuel Andrew McNeely, was heard. 1 The Plaintiff enumerates six counts in his complaint upon which he seeks to recover for alleged pre-petition preferences (§ 547), post-petition transfers (§ 549) and allegedly discriminatory termination of employment (§ 525). The Plaintiff also seeks a determination of the secured status of ...
Views: 1
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Pursuant to Local Rule 11, the following facts claimed by the moving parties are uncontroverted and “... admitted to exist without controversy....” as neither party has submitted to this Court a “statement of genuine issues.” See General Rule 11, S.D.Ind. Hughes and Associates Insurance Agency, Inc. (“Hughes”), engaged in the bus...
Views: 0
Before us is a motion for approval of a settlement whereby the automatic stay would be vacated in favor of certain secured creditors with respect to four vessels sailing under the flag of the United States that have been arrested in foreign ports. It is requested that the secured creditors not be required to petition those courts to recognize and give effect to United States law barring transfe...
Views: 0
MEMORANDUM DECISION AND ORDER The trial of this adversary proceeding was held November 24, 1987. The Court ruled that the debtor’s trucks to which a federal tax lien had attached had a value, in the aggregate, of $194,050.00 as of the date of bankruptcy. In a previous hearing, the Court had ruled that the Internal Revenue Service (“IRS”) was secured in that portion of the proceeds of a no...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT THAT PLAINTIFF SHOULD HAVE AND RECOVER THE SUM OF $37,-471.93 FROM DEFENDANT DONNA BOON The matter of the trustee’s objection to the debtor Donna Faye Boon’s claim of exemptions for her interest in ERISA plans came on before the court for hearing of its merits in St. Joseph, Missouri, on August 22, 1986. The plaintiff trustee in bank...
Views: 3
MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING FINAL JUDGMENT DENYING THE DEFENDANTS’ DISCHARGES IN BANKRUPTCY The plaintiffs request that the discharges in bankruptcy of the debtors be denied for failure satisfactorily to explain the diminution of assets to meet liabilities. See Section 727(a)(5) of the Bankruptcy Code. 1 The defendants satisfactorily explain...
Views: 2
MEMORANDUM OPINION This adversary comes before the Court on the complaint of the ex-wife in three Counts for non-dischargeability of specific debts under § 523 and one Count of non-dischargeability under § 727. The Court will address them in reverse order. As to Count IV under § 727, plaintiff first alleged that defendant had disposed of property and a business within one year of fil...
Views: 1
*786 ORDER CONFIRMING PLAN OF REORGANIZATION In this Chapter 11 proceeding hearing on the Debtor’s Plan of Reorganization was held April 2, 1987. Ballots of creditors filed with the Clerk are as follows: Class Status Creditor Amount Vote Secured U.S. Small Business Administration (SBA) $450,025.34 1 Rejects B-l Secured Priority Internal Revenue Service (...
Views: 1
AMENDED MEMORANDUM OF DECISION CALVIN K. ASHLAND, Bankruptcy Judge. BACKGROUND This memorandum pertains to a complaint to enjoin the trustee from prosecuting complaints to recover preferential transfers and four complaints by the trustee to recover preferences. On April 29, 1987 I heard the complaints for preferences and granted the trustee’s motion to dismiss the complaint to enjoin. On the trust...
Views: 0
MEMORANDUM OF OPINION CONCERNING AMENDED SECOND MOTION FOR INTERIM COMPENSATION BY TRUSTEE Robert B. Wilson, the Trustee-in-Bankruptcy in these proceedings (Trustee), filed a Second Motion for Interim Compensation. Subsequently he filed an Amended Second Motion for Interim Compensation. Objections to both Motions were filed by Land D. Wall (Wall) who was the President and Chief Executive Office...
Views: 0
MEMORANDUM OPINION On September 11, 1984, Ronald E. Curtis d/b/a Curtis Communications filed a voluntary petition for relief under the provisions of chapter 11. Hon. Charles W. Baker was employed as counsel for the estate but withdrew because he discovered the existence of the appearance of a conflict of interest. On October 19, 1984, Hon. Robert J. Brown was authorized by this Court to represent...
Views: 0
MEMORANDUM DECISION THIS MATTER is before the Court upon the motion of the Debtor/Applicant herein seeking an order restraining Respondents from pursuing their action in the Arapahoe County Court to recover post-petition condominium assessments as a personal obligation of the Debtor. Debtor alleges that the lawsuit in state court is a violation of the Automatic Stay and that she was discharged ...
Views: 3
MEMORANDUM OPINION This matter comes before the Court by motion of the Chapter 13 Trustee filed on April 15, 1987, for refund of overpayments made to several creditors pursuant to the Chapter 13 plan. The facts appear as follows. Five years ago, on May 26, 1982, the Chapter 13 trustee dispersed payments by check to the following creditors: (1) Federal Land Bank of Baltimore in the su...
Views: 1
MEMORANDUM OPINION Findings of Fact This matter comes before the Court pursuant to a Motion for Summary Judgment by the debtors, Charles and Brenda Daves, in response to a Complaint by the United States of America to determine the dis-chargeability of a debt. The facts appear as follows: On September 3, 1986, Mr. and Mrs. Daves filed a joint Chapter 7 petition and were granted discharges on Dec...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the SHEET METAL WORKERS LOCAL 115’s motion for rule to show cause seeking to hold the debtor’s officers in civil contempt for failure to fully comply with an order of Court entered on October 22,1986. The order required the debtor to make contributions to the Union’s fringe benefit funds. These contributions were to have b...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING COMPLAINT FOR AVOIDANCE OF TRANSFER EFFECTED BY FORECLOSURE The plaintiff seeks to set aside a pre-bankruptcy foreclosure sale of its mobile home park. The foreclosure sale was completed on August 1, 1986, and the trustee’s deed was issued on or about the same date. The date of bankruptcy was January 30, 1987. The defendants were s...
Views: 1
MEMORANDUM OPINION AND ORDER This matter is before the Court on the debtors’ motion regarding the allowance of interim fees and expenses for bankruptcy counsel and other professionals. The debtors’ motion was made in response to a moratorium on fees and expenses instituted by the Bankruptcy Judge who previously presided over this case. At this Court’s direction, the parties subject t...
Views: 1
MEMORANDUM I In these consolidated preference actions, 11 U.S.C.A. § 547 (West 1979), plaintiff is the liquidating trustee of a trust established under the chapter 11 modified plan of reorganization confirmed by the court in the Southern Industrial Banking Corporation (“SIBC”) case. Defendants, the former holders of investment certificates sold by SIBC, received full or partial payme...
Views: 2
*225ORDER This matter is before the court on the debtor’s application to employ Thomas Sampson, Esquire to represent him in a negligence action currently pending in Fulton County Superior Court in which the debtor is the defendant. In the opinion of the court the state-court matter is personal to the debtor and creditors of the Chapter 11 estate should not be expected to fund its costs. Therefore ...
Views: 0
OPINION AND ORDER On December 12, 1985 the Creditors’ Committee and Cooperativa de Consumi-dores del Sur (Cooperativa), the debtor herein, filed the instant proceeding for declaratory judgment praying the court to determine the extent of the security held by Compañía del Desarrollo Cooperativo de Puerto Rico (Compañía). The parties submitted a joint pretrial report on June 23, 1986 wherein they st...
Views: 0
MEMORANDUM OPINION This is a dispute arising under In re Nunnally, 506 F.2d 1024 (5th Cir.1975) and associated cases concerning the discharge-ability of a debt incident to a decree of divorce. In a bench trial in state district court, Peggy Martin Calhoun was awarded the sum of $150,000.00 payable in $1,500.00 installments plus accrued interest at twelve percent (12%) representing her inter...
Views: 0
ORDER DENYING MOTION FOR JURY TRIAL This matter is before the Court upon the defendant’s Motion for trial by jury of an adversary proceeding to avoid preferential transfers. This adversary proceeding was instituted by the trustee to recover certain alleged preferential transfers from the defendant. The defendant, by its Answer, denied that the transfers were preferential, and, within apt time, mo...
Views: 0
OPINION The above three adversary matters involve similar underlying facts. In each adversary matter the defendants have moved before this Court seeking to have the Court abstain from hearing the within adversary complaint, or in the alternative the dismissal of the complaint, or in the alternative for the entry of a stay and referral of the dispute for further hearing before the Intersta...
Views: 0
ORDER DENYING MOTION FOR SUMMARY JUDGMENT The facts in this matter are undisputed. Defendant COMMERCIAL RECOVERY, INC. (“CRI”) is a licensed collection agency. On November 5, 1985, U.S. Plywood (“Plywood”) assigned to CRI for collection its claim against the debtor. CRI proceeded to obtain a judgment and, on or about July 10, 1986, received $5,317.66 collected by execution upon the debtor’s ban...
Views: 3
MEMORANDUM AND ORDER On August 25, 1987, hearing concluded on the Emergency Motion to Dismiss Debt- or’s petition filed by James L. Sheerin, a judgment creditor (hereinafter “Movant”). The Court has reviewed the pleadings and evidence in this matter and has concluded that the evidence demonstrates sufficient bad faith to justify dismissal of Debtor’s petition. To the extent any ...
Views: 1
72 B.R. 813 (1987) In re EUREKA SOUTHERN RAILROAD, INC., Debtor. No. I-86-01976, R.S. No. 87-35. United States Bankruptcy Court, N.D. California. April 21, 1987. *814 Philip M. Arnot, Eureka, Cal., for trustee. Richard W. Bower, Sacramento, Cal., for Dept. of Transp. John Feeney, Eureka, Cal., for Southern Pacific Transp. Co., Northwestern Pacific R. Co. David Kelvin, Deputy County Counsel, Ukiah...
Views: 0
ORDER ON OBJECTION TO CLAIMS OF EXEMPTION FACTS All of these matters involve the Trustee’s objection to claims of exemption under California law. In Lennen and Wood, the issue is whether a married couple is limited to the same exemptions as a single person under California Code of Civil Procedure section 703.140(b), or whether they may double them. In Ferr...
Views: 1
MEMORANDUM OPINION AND ORDER This cause coming on to be heard upon the Amendment to Application for Payment of Rental Arrearages, filed by BATES ABRASIVE PRODUCTS, INC., represented by McDermott, will & emery, against the FIRST MIDWEST BANK OF WAUKEGAN, represented by LORD, BIS-SELL & BROOK, and the Court, having considered the record in this case, and the pleadings on file, and having ex...
Views: 2
MEMORANDUM OPINION AND ORDER This matter is before the Court on the defendants’ motion to dismiss the complaint filed by the OLD ORCHARD BANK & TRUST COMPANY. The defendants, NANCY JOSEFIK and WESTERN NATIONAL BANK OF CICERO, and the plaintiff have each filed briefs in support of their respective positions. As a preliminary matter, the defendants have failed to identify upon which po...
Views: 0
ORDER Came on for hearing the Motion for Relief From Stay on Farmers Union Central Exchange, Inc. (Cenex) to permit offset, and after considering the stipulations of the parties, the memoranda of authority, and the argument of counsel the Court enters the following Order: I. Facts Pursuant to an Operating Agreement dated February 1, 1973, Cenex was designated operator of...
Views: 0
MEMORANDUM ORDER This proceeding came on for trial on June 2, 1987, to determine the validity of the State Bank of Young America’s security interest in certain patronage credits. Arthur C. Benson appeared for the trustee, and Robert A. Nicklaus appeared for the bank. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C....
Views: 1
MEMORANDUM-OPINION This case is before the Court on crossmotions of the plaintiff and defendants for summary judgment, pursuant to Fed.R.Civ. Proc. 56 and Fed.R.Bankr.Proc. 7056. The plaintiff and defendants have filed memo-randa in support of their respective positions. The Court has reviewed the memo-randa, as well as the pleadings of the parties, depositions and exhibits. There are no genuine i...
Views: 0
MEMORANDUM DECISION This matter is before the court on the trustee’s motion for summary judgment on the trustee’s complaint for turnover filed February 25, 1987. The facts presented by the trustee’s motion are not disputed. Therefore, the matter is appropriately before the court on summary judgment pursuant to Bankruptcy Rule 7056 and Fed.R. Civ.P. 56(c). *700FACTS On January 25, 1979, the bankru...
Views: 0
ORDER ON DEFENDANTS’ MOTIONS FOR STAY On August 19,1987, the Court conducted a hearing on the motions of Defendants Rehtorik and Gomez for a stay of this adversary proceeding. The defendants seek a stay because of pending investigations by the United States Securities and Exchange Commission and possibly by the Federal Bureau of Investigation. The Court, having considered arguments by counsel and...
Views: 0
OPINION AND ORDER This proceeding is before the court on the motion by Banco de Ponce, the defendant in this adversary proceeding and mov-ant in Index C (both matters were consolidated by order entered on May 7, 1986), to dismiss debtors’ complaint to recover a preference on the grounds that debtors have no standing to prosecute such an action. Debtors base their preference action on...
Views: 2
MEMORANDUM RE CONFIRMATION I. INTRODUCTION The confirmation hearing in this Chapter 11 case was held June 25 — July 1, 1987. The appearances for each day’s proceedings were stated on the record. The debtor is the proponent of the proposed Chapter 11 Plan at issue (the “Plan”), under which the Trustee will effect an orderly liquidation of the debtor’s properties over a period not exce...
Views: 3
DECISION I. INTRODUCTION The above-captioned adversary proceedings, which were consolidated for trial by Order of the Court filed June 11, 1986, were tried before the Court on April 7, 10, and 27, 1987. JAMES and DONNA Mac-DONALD, plaintiffs in adversary proceeding no. 4-85-0282AC, and CHAD and RY-DONIA CHESTERFIELD, plaintiffs in adversary proceeding no. 4-85-0310AW, were represente...
Views: 1
ORDER DISMISSING CASE AS A “SUBSTANTIAL ABUSE” OF THE PROVISIONS OF CHAPTER 7 WITHIN THE MEANING OF SECTION 707(b) OF THE BANKRUPTCY CODE In the hearing of January 16, 1987, the debtor admitted that she had no expenses due to the fact that she is boarded by others. She therefore has $448 per month with which to pay $5,448.36 in unsecured debt. Payment of only $200 per month through a chapter 13 pl...
Views: 1
OPINION I This case involves the issue of whether a creditor fulfilled the requirements of the Perishable Agricultural Commodities Act (“PACA”) to preserve the benefits of a statutory trust. The Bankruptcy Court found that where the written notice required by PACA is not given, the buyer’s receipt of actual notice does not save the trust. We AFFIRM the decision of the Bankruptcy Cour...
Views: 0
MEMORANDUM OPINION On January 30, 1986, the United States District Court for the Eastern District of Arkansas determined that the customers of Brittenum & Associates, Inc. (debtor) were in need of protection under the Securities Investor Protection Act of 1970 (SIPA). The Honorable James F. Dowden was appointed trustee by the district court, and the case was removed to the bankruptcy court for ad...
Views: 0
ORDER Before the court is debtor’s motion to amend his Chapter 7 petition to add his spouse as joint debtor. On December 27, 1984, the debtor, John Leon Kirkus, filed a Chapter 13 case which was converted to Chapter 7 on June 19, 1987. Thereafter, on July 9, 1987, debtor filed the present motion to amend his Chapter 7 petition to add his spouse, Geraldine Kirkus, as a joint debtor. The issu...
Views: 0
ORDER ALLOWING SET-OFF E.E. BLACK, LTD.’s (“Black”) Motion for Determination of the Status of Property came on for hearing on July 28, 1987, at 2:00 p.m., and August 4, 1987, at 1:30 p.m., before the Honorable Jon J. Chinen, Bankruptcy Judge, in the above-entitled Court. Having duly considered the affidavits and memoranda submitted by the respective counsel for Black, Aloha State Sales Co., Inc., ...
Views: 0
MEMORANDUM AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT In this adversary proceeding plaintiff seeks summary judgment on an alleged voidable preference. 11 U.S.C.A. § 547 (West 1979). Plaintiff has heretofore established all the elements of § 547(b). At issue, however, is whether the “45-day ordinary course of business” exception created by § 547(c)(2) in the 1978 Code is applicable to this p...
Views: 0
*782 ORDER CONFIRMING PLAN OF REORGANIZATION Hearing was held on January 20, 1987, on confirmation of the Debtors’ Chapter 11 Plan of Reorganization. No ballots had been filed by creditors either accepting or rejecting the Plan by the date of the hearing. The Plan has four classes of creditors as follows: Class I Secured - Metropolitan Life Insurance Company - $200,000....
Views: 1
MEMORANDUM OPINION The motion of the United States for dismissal of the action as it affects the lien of the United States is granted. The Debtors’ *18 motion fails to state a cause of action as to the statutory lien of the United States. The motion of the Debtors for default as to the other Defendants who have not answered is granted. The Debtors raise both 11 U.S.C. § 522(f) and 11 U.S.C....
Views: 1
ORDER RE: ATTORNEY’S FEES INCURRED BY DEBTOR WITH REFERENCE TO THE MOTION TO CONDITIONALLY ASSUME LEASE On March 18, 1987, debtor filed a Motion for Attorney’s Fees and for Reformation of Lease. A hearing was held on the portion of the motion seeking attorney’s fees on March 31, 1987, at which time, the court took the matter under advisement. Special counsel for the debtor, Edward Ke...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the debtors’ motion to extend the time in which the debtors shall have the exclusive right to file plans of reorganization. The debtors’ motion is vigorously opposed by the Unsecured Creditors Committee, the Official Creditors Committee of Asbestos Related Plaintiffs, the Legal Representative, and the Senior Noteholders. T...
Views: 3
*463 OPINION AND ORDER THIS MATTER came on for hearing on a “Motion for Relief From Order” filed by First South Production Credit Association, formerly known as Central Mississippi Production Credit Association (Production Credit); “Answer and Defenses to Motion for Relief From Order” filed by the Debtors; and, “Answer to Affirmative Matter” filed by Production Credit. At th...
Views: 1
99 B.R. 742 (1987) In re INSTRUMENT SALES & SERVICE, INC., Kenneth HOLT, Trustee, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION Defendant. Bankruptcy No. 5-83-00002, Adv. No. 5-86-0236. United States Bankruptcy Court, W.D. Texas, San Antonio Division. July 7, 1987. *743 Corey W. Haugland, El Paso, Tex., for debtor, Instrument Sales & Service, Inc. Turpin, Smith, Dyers, Saxe & Ma...
Views: 3
ORDER DIRECTING FELDHAUSEN, BURKE AND PETTY, P.C. TO SHOW CAUSE WHY THEIR AD INTERIM FEE APPLICATION SHOULD NOT BE DENIED On December 81, 1985, the law firm of Feldhausen, Burke and Petty, P.C., filed its application for an ad interim award of attorney’s fees and reimbursement of expenses in the total sum of $10,709.65. A hearing was, on notice to the interested creditors, held...
Views: 0
ORDER DIRECTING DOUGLAS L. WINCHESTER, FORMER COUNSEL FOR DEBTORS, TO RESTORE ALL ATTORNEY’S FEES COLLECTED BY HIM FROM DEBTORS TO THE DEBTORS WITHIN 25 DAYS OF THE DATE OF FILING OF THIS ORDER The files and records in this chapter 11 case show that it was effectively dis *548 missed on February 13, 1987. This came as a result of a conditional order of dismissal which had bee...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS Re: OBJECTION TO EXEMPTION The matter before the Court is the objection of Federal Land Bank of St. Paul (FLB) to Debtor’s claim of exemption for an unmatured life insurance policy pursuant to Iowa Code § 627.6(6) (1987). This is a core proceeding as defined under 28 U.S. C. § 157(b)(2)(B). FINDINGS AND CONCLUSIONS Debtor purchased a life insu...
Views: 1
OPINION Prior to filing their present Chapter 13 proceeding, the Debtors had filed a Chapter 7 proceeding and received a discharge from their debts. At the time of their Chapter 7 filing, Norwest Financial of Illinois, Inc. (NORWEST) held a second mortgage on the Debtors’ residence as security for a $20,000.00 debt. The Debtors made some payments on the mortgage and then filed their Chapter 13 ...
Views: 1
OPINION This appeal arises from the trial court’s denial of a motion to convert or in the alternative a motion to appoint a chapter 11 trustee. FACTS The debtor herein, Klein/Ray, filed a Chapter 11 petition on May 4, 1984. The debtor has been acting as a debtor-in-possession through its officers Milt Klein and Shayle Ray [“Klein” and “Ray”]. The appellants were the former owner...
Views: 0
OPINION By this appeal the creditors/appellants seek to set aside the judgment of the trial court granting summary judgment to the trustee in an action to avoid a transfer under section 547(b). FACTS Both parties agree that the facts in this case are not in dispute. The debtors (“Che-nichs”) owed various sums of money to the appellants (“Mahrdts”). The debt was evidenced by six p...
Views: 2
ORDER On December 3, 1986, the U.S. Bankruptcy Court for the Eastern District of Oklahoma conducted a hearing in the Bankruptcy Case of RONNIE J. KIDD, d/b/a OKLAHOMA GAS AND EASTERN OKLAHOMA GAS (DEBTOR). DEBTOR’S claimed exemptions and Motion To Avoid Liens are at issue. The exemption claims prompted Objections by JAMES R. ADELMAN, Trustee, and THE FIRST NATIONAL BANK OF ROLAND. We have rev...
Views: 0
FINDING AS TO OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN This matter came before the court on the objection of Burdette A. Machamer and Arietta M. Machamer, creditors, filed April 28, 1987, to the first amended chapter 13 plan of Bruce David Johnson and Sharon Lynne Johnson, debtors, filed April 15, 1987. A hearing was held on the objection on June 8, 1987; Robert M. Whittington, Jr. ap...
Views: 2
ORDER This matter came on to be heard upon the Debtor’s motion to avoid the judicial lien on real estate held by the Bank of Atkinson. Previously in the main proceeding, No. 86-82000, after hearing the bank’s motion to determine status of claim and debtor’s response thereto, this Court held the bank had a secured claim in the amount of $9,148.82 and an unsecured claim in the amount of $28,228.73. ...
Views: 0
MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT This matter came before the undersigned judge of the above entitled court on June 19, 1987 for a pretrial conference on the debtor’s complaint to determine the dis-chargeability of a debt. Gilbert H. Klew-eno appeared on behalf of the debtor. Mary Lou Calvin represented the defendant. On July 10, 1987, the case was submitted to the court on the...
Views: 1
MEMORANDUM OF DECISION This adversary proceeding is before the Court on the objections of plaintiffs Mark Medved, Gilbert Hellmer and Columbine Limited 1979 E, a Colorado Limited Partnership (Columbine) to discharge of certain debts owed them by defendants/debtors, John Martin Novak and John Edward Latti-more. Plaintiffs’ complaint seeks judgment for actual and punitive damages in an amou...
Views: 1
MEMORANDUM OPINION On March 5, 1987, the court entered an order denying confirmation of the debtors’ plan for the reason that the debtors do not qualify for relief under Chapter 12 of Title 11, U.S.C. This memorandum opinion will set forth the reasons for the order denying confirmation. At the confirmation hearing, various objections were raised by the Oregon Department of Veterans Affairs (O...
Views: 0
*562 MEMORANDUM OF DECISION This adversary proceeding is before the Court for final decision on the amended complaint of the United States of America through its agency the Farmers Home Administration of the Department of Agriculture, (hereinafter “FmHA”) for determination of dischargeability under 11 U.S.C. § 523 and denial of discharge under 11 U.S.C. § 727. FmHA is represented...
Views: 1
MEMORANDUM OPINION The following constitutes the Court’s findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. This case was tried March 3, 1987. The question involved in this case is the dischargeability, under 11 U.S.C. § 523(a)(5), of provisions in a property settlement agreement incident to divorce. These are difficult cases from both sides. There are legitimate is...
Views: 3
OPINION The debtors filed their Chapter 7 Bankruptcy on June 10, 1987. The debtors were *703 granted their discharge in this non-asset case on September 8, 1987. On September 28,1987, the debtors filed a § 522(f) Motion to Avoid the Lien of Sears, Roebuck and Co. (Sears), and Motion for Turnover of Funds. Sears is a judgment creditor garnishing the debtor’s wages. The debtors have petitione...
Views: 1
DECISION ON ORDER TO SHOW CAUSE SEEKING ORDER DIRECTING TRUSTEE TO PAY COMMISSIONS CLAIMED BY A REAL ESTATE BROKER The Chapter 7 debtor, Joseph Moskovic, and his nondebtor spouse have moved for an order directing the trustee in bankruptcy to pay the commissions claimed by a real estate broker from the proceeds of the trustee’s sale of their home before these proceeds are divided between the deb...
Views: 0
MEMORANDUM OPINION Before the court is the objection of the Chapter 7 trustee to the homestead deed *470 filed by the debtors, Harry Heath and Margaret Heath (“the debtors”). I. The debtors, husband and wife, filed a joint voluntary petition under Chapter 7 of the Bankruptcy Code on November 7, 1986. Two days earlier, on November 5, 1986, the debtors had executed a homestead deed pursuant...
Views: 0
MEMORANDUM OPINION On November 21, 1986, Vee Jay, Inc., d/b/a Ouachita Country Club (Vee Jay, Inc.) filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. On February 10, 1987, J. Ray Jones, Maria Jones, and Phoenix, Inc., filed a motion to dismiss the case and in the alternative to delete certain property from the estate. The following constitutes th...
Views: 0
MEMORANDUM OF OPINION CONCERNING DEBTOR’S MOTION FOR STAY PENDING APPEAL On May 18, 1987, The First National Bank of Amarillo (Bank) filed a Petition for Involuntary Bankruptcy under Chapter 7 of the Bankruptcy Code against Robert A. Johnson (Debtor). An Order for Relief was signed on June 15, 1987. On June 17, 1987 the Debtor filed an Answer to the Petition for Involuntary Bankruptcy. On July 23,...
Views: 0
MEMORANDUM OF OPINION CONCERNING MOTION TO SET ASIDE ORDER OF RELIEF On May 18, 1987, The First National Bank of Amarillo (Bank) filed an Involuntary Petition in Bankruptcy against Robert A. Johnson (Johnson). The Petition alleged that Johnson was generally not paying his debts as they became due and that he had fewer than twelve creditors. On May 18, 1987, the Clerk of this Court issued a Su...
Views: 0
FINDING AS TO OBJECTION TO PROOF OF CLAIM On October 2, 1987 the debtor filed an objection to the second amended proof of claim of the State of Ohio, Bureau of Workers’ Compensation. The facts are not in dispute. The debtor filed for protection under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. on September 10, 1985. On December 30, 1985, the creditor, State ...
Views: 1
OPINION Presently before this court is a motion to dismiss count III of the debtor’s complaint alleging a breach of a contract for the construction of an interstate highway in eastern Pennsylvania. The defendant, Thomas M. Durkin and Sons, Inc., was the successful bidder on this Commonwealth of Pennsylvania Department of Transportation (“PennDoT”) contract. In order to obtain the contract...
Views: 0
ORDER Ray Powell and James Henderson, the defendants in adversary number 387-3426, *436 move the court for summary judgment. Wellerson Associates and William R. Hen-drickson, two of the defendants in adversary number 387-3940, move the court to strike the complaint and impose sanctions. The parties do not dispute the material facts. The court heard arguments on November 18, 1987, on whether t...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH THE COURT'S ORDER GRANTING F.W. WOOLWORTH CO.’S PARTIAL MOTION FOR SUMMARY JUDGMENT JURISDICTION AND REMAINING ISSUES This proceeding is a core proceeding and this Court has jurisdiction herein pursuant to the provisions of 28 U.S.C. § 1334 and 28 U.S.C. § 157, and these Findings of Fact and Conclusions of Law are hereby subm...
Views: 0
ORDER ON DEBTORS’ MOTION FOR CERTIFICATE OF CONTEMPT AND ON BEAUMONT PLACE HOMEOWNERS ASSOCIATION’S RESPONSE THERETO AND REQUEST FOR ADDITIONAL RELIEF This matter came before this Court on the Debtors’ Motion for Certificate of Contempt, and on Beaumont Place Homeowners Association, Inc.’s (“the Association”), Response and Request for Additional Relief. By their Motion pursuant to 11 U.S.C. § 1...
Views: 2
*187 MEMORANDUM OPINION AND ORDER A complaint was filed on behalf of the debtor, Fabricators, Inc., against Technical Fabricators, Inc., requesting subordination of the claims of Technical Fabricators, Inc. and transfer of its liens to the estate pursuant to 11 U.S.C. § 510(c). After considering the record and the evidence presented, and reviewing the memoranda submitted by couns...
Views: 0
ORDER ON OBJECTION TO CLAIM AND MOTION TO COMPEL TURN OVER OF PROPERTY THIS MATTER came on for hearing upon the trustee’s objection to claim and motion seeking to compel General Motors Acceptance Corporation (GMAC) to turn over to the trustee title to a 1986 Nissan. The matter having been submitted to the Court on the basis of a Partial Stipulation of Facts and the deposition of Mrs. Joyce Hilt...
Views: 0
MEMORANDUM OPINION AND ORDER 1 I Statement of Proceedings On April 12, 1985, the Plaintiffs filed their complaint versus the Defendant in the above adversary proceeding praying that a certain order or judgment entered in favor of the Plaintiffs versus the Defendant in the Lake Superior Court, Room Two, under Cause No. 79-138 captioned “In the Matter of the Estate of E...
Views: 1
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Pending before the court is the motion of Hermann Hospital Estate, plaintiff, for summary judgment. The Complaint to Determine Dischargeability of Debt seeks a determination that a judgment for over three million dollars that resulted from a state court jury trial is not dischargeable. After careful consideration of the pleadings and p...
Views: 1
MEMORANDUM OPINION AND ORDER I Statement of Proceedings On November 29, 1985, Joseph Gellen-beck and Terry Gellenbeck (hereinafter: “Plaintiffs”) filed their Adversarial Complaint and Objection to Discharge in Bankruptcy before this Court. The complaint prays that a certain state court judgment entered in favor of the Plaintiffs and against the Defendant in the Lake Superior...
Views: 4
MEMORANDUM OF OPINION Jesse L. Lane and Carolyn H. Lane (Debtors) filed this Adversary Proceeding to determine the validity of liens held by the United States Small Business Administration (SBA) on approximately 158 acres of land in Parmer County, Texas (Subject Property). The Debtors assert that the Subject Property is their rural homestead and that the SBA’s liens are therefore not vali...
Views: 0
MEMORANDUM OPINION This matter comes on as objections to the application of Weil, Gotshal & Manges for interim allowance of compensation. Global Marine, Inc. (“GMI”) and its 13 subsidiaries, including Global Marine Deep-water Drilling, Inc. (“GMDDI”), have commenced cases under Chapter 11. By Order of this Court, the cases were consolidated for administrative purposes and are being j...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Granting Debtor’s Motion For Summary Judgment The matter before the Court is Debtor’s motion for summary judgment on the complaint of Northwestern University Student Loan Office (Northwestern). Northwestern is seeking a determination of the dis-chargeability of Debtor’s liability as comaker on a note for an educational loan. Having consi...
Views: 2
MEMORANDUM DECISION Robert Norwood, attorney for the debtor Steven George Cleveland, has applied for an award of attorneys fees as an administrative expense for extraordinary services rendered in the debtor’s Chapter 13 case. The application presents an issue of apparent first impression of whether an attorney may be compensated through a Chapter 13 plan for services which defend the dis-charge...
Views: 5
110 B.R. 928 (1987) In re Gary Charles RUSTAD and Shirley Rustad, a/k/a, d/b/a Sawtooth Insurance Agency, Debtors. ROCKY MOUNTAIN GENERAL AGENCY, Plaintiff, v. Gary Charles RUSTAD and Shirley Rustad, Defendants. Bankruptcy No. 86-40705, Adv. No. 487/0018. United States Bankruptcy Court, D. Montana. September 28, 1987. *929 Scott Radford, Great Falls, Mont., for debtors/defendants. Steven M. Johns...
Views: 0
DECISION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF CERTAIN DEBTS The plaintiff wife seeks to have determined as nondischargeable certain obligations of her debtor husband which were referred to in a separation agreement that survived a divorce decree. The debtor husband contends that his requirement to pay the obligations in question was not intended as “in the nature of alimony, main...
Views: 2
MOTION AND CROSS-MOTION REGARDING DISPOSITION OF PLEDGED STOCK Angelo Rainaldi (“Rainaldi”), a secured creditor in whose favor stock of two subsidiary companies of the debtor corporation, Domestic Fuel Corp., had been pledged by the debtor to secure payment to him of the selling price of the stock, exercised self-help and purported to sell to himself at a noticed sale title to the pledged...
Views: 1
DECISION ON MOTION FOR PRELIMINARY INJUNCTION AND CROSS-MOTION TO DISMISS FOR LACK OF GOOD FAITH OR ABSTENTION The debtor, Consulting Actuarial Partners, Limited Partnership, filed with this court its petition for relief under Chapter 11 of the Bankruptcy Code on March 31, 1987. The debtor is a limited partnership consisting of one general partner, American Actuarial Associates (“AAA”) an...
Views: 2
DECISION ON TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A DISMISSAL OF DEFENDANT’S COUNTERCLAIM The trustee in bankruptcy in this converted Chapter 7 case has moved for partial summary judgment pursuant to Bankruptcy Rule 7056 and Fed.R.Civ.P. 56 for an order dismissing the defendant’s second and third counterclaims contained in paragraphs 15 and 16 of the answer on the ground t...
Views: 1
DECISION ON MOTIONS FOR SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS REGARDING INVOLUNTARY CHAPTER 7 PETITION The debtor has moved for summary judgment dismissing the involuntary Chapter 7 petition which was filed by a single judgment creditor. The petitioning creditor has moved for judgment on the pleadings sustaining the involuntary petition. The focus *897 of these motio...
Views: 0
DECISION ON MOTION OF INDENTURE TRUSTEE FOR AN ORDER MODIFYING THE AUTOMATIC STAY TO AUTHORIZE ITS DELIVERY OF A NOTICE OF ACCELERATION The Chase Manhattan Bank, N.A. (“Chase”), as Indenture Trustee and New York Life Insurance Company (“N.Y. Life”), a major holder of notes issued by the debtor, Texaco Capital Inc., under an Indenture of Trust, seek relief from the automatic stay pursuant t...
Views: 0
Three creditors of Ofia Realty Corp., the above-named Chapter 11 debtor, have filed motions pursuant to 28 U.S.C. § 1412 to transfer venue of this case to the Northern District of Texas, Dallas Division, the district where all of the debtor’s real property and all of its non-insider creditors are located. FACTS 1. On May 4, 1987, the debtor, Ofia Realty Corp., filed with this court a ...
Views: 2
DECISION ON MOTION FOR AN ORDER DIRECTING THE APPOINTMENT OF A TRUSTEE, OR IN THE ALTERNATIVE AN EXAMINER, OR CONVERTING CASE FROM ONE UNDER CHAPTER 11 TO CHAPTER 7 Kraus-Thomson Organization, Limited (“KTO”), the holder of a second mortgage against property owned by McCorhill Publishing, Inc., the debtor in this Chapter 11 case, has moved pursuant to 11 U.S.C. §§ 361, 363, 1104 and 1112(...
Views: 3
DECISION ON ORDER TO SHOW CAUSE SEEKING ORDER TO VACATE A JUDGMENT The debtor in this Chapter 11 case seeks to vacate a judgment entered by default against it on a counterclaim filed by Angelo P. Rainaldi, who intervened as a defendant in an adversary proceeding commenced by the debtor against Marine Midland Bank, N.A. (“Marine Midland”). The debtor has moved pursuant to Rule 60(b) of the Federal ...
Views: 0
DECISION ON APPLICATION OF BANKERS TRUST COMPANY FOR AN ORDER TO INTERVENE IN INVOLUNTARY CHAPTER 7 CASE Bankers Trust Company (“Bankers”) has applied for an order permitting it to intervene in this involuntary Chapter 7 case so as to join in the involuntary petition currently pending against the debtor, Milton Braten. The debtor opposes Bankers’ application on the ground that Bankers is a cont...
Views: 3
DECISION ON TEXACO’S MOTION TO EXTEND AND PENNZOIL’S MOTION TO REDUCE THE § 1121 EXCLUSIVITY PERIODS The tension between Texaco Inc. and its leading general unsecured creditor, Pennzoil Company, has heightened to the point where they have each applied for diametrically opposite relief; Texaco seeks to extend and Pennzoil seeks to reduce the 120-day and 180-day exclusive periods during whi...
Views: 2
There are presently no unencumbered assets in these administratively consolidated Chapter 11 cases. Accordingly, the law firm of Anderson, Banks, Moore, Curran & Hollis, Esqs. (“the Anderson firm”), having been retained as special counsel for the Debtor, A. Tarricone, Inc. (“ATI”), to pursue a state court lawsuit, now seek interim compensation for their post-petition legal services as a secured...
Views: 0
DECISION ON MOTION FOR AN ORDER DISMISSING CHAPTER 13 PROCEEDING A motion has been made by the law firm of Feltman, Karesh, Major & Farbman, Esqs., creditors of the debtor, George Sas-sower, to reconvert this case from Chapter 13 to Chapter 7 under the Bankruptcy Code following the debtor’s conversion of his voluntary Chapter 7 case to Chapter 13. The motion is bottomed on the ground that...
Views: 0
DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT GATX, the plaintiff in this adversary action, moves for partial summary judgment in the amount of $56,095.68, plus interest from June 1, 1987. The $56,095.68 represents post-petition charges under a warehousing agreement with the debtor. The facts are not disputed. FACTS 1. Defendant A. Tarricone, Inc. (“ATI”) is a New York corpora...
Views: 0
DECISION ON OBJECTION TO CLAIM OF LATHAM SPARROWBUSH ASSOCIATES This Chapter 11 debtor, Cohoes Industrial Terminal, Inc. (“CIT”), for whom a trustee has been appointed, objects to the claim of the landlord of the premises in question, Latham Sparrowbush Associates (“LSA”). LSA has asserted a claim in the amount of $2,307,391.00 as follows: $1,300,000.00 for the tenant’s violation of the o...
Views: 1
DECISION ON MOTION FOR RELIEF FROM AUTOMATIC STAY Friedrich-Wilhelm Metzeler (“Metzeler”), the foreign representative of Uni-Petrol Geselleschaft fuer Mineralolprodukte m.b. H. (“Uni-Petrol”), a West German corporation that is in bankruptcy in West Germany, seeks relief from the automatic stay so that he may prosecute claims now pending in an ancillary proceeding in this court under the a...
Views: 2
*562 DECISION ON MOTION TO DISBAND OR MERGE THE INDUSTRY COMMITTEE Texaco Inc., Texaco Capital Inc. and Texaco Capital N.V., as debtors in these administratively consolidated Chapter 11 cases, have moved pursuant to U.S.C. §§ 1102(a) and 105(a) of the Bankruptcy Code for an order directing the United States Trustee to disband the Industry Unsecured Creditors’ Committee (the “Indu...
Views: 1
The Chapter 13 debtor, Carlos Rentas, has moved for an order holding the Respondent, New York State Higher Education Services Corp. (“NYSHESC”) in contempt for violating the automatic stay imposed under 11 U.S.C. § 362, for monetary sanctions and for attorneys’ fees, costs and disbursements. The debtor contends that NYSHESC has harassed him by making repeated demands for repayment of a student lo...
Views: 2
MEMORANDUM OF DECISION This matter comes before the court on a Motion for an Accounting and for an order that the trustee pay over moneys collected. The motion is brought by Peoples Savings and Loan Company of Bucyrus, Ohio (Peoples). Peoples was the holder of a first mortgage on certain real property of Wayne Daryl Pfleiderer and Laura Mae Pfleiderer (Debtors). A clause in the mortgage provi...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the court on the motion to avoid lien and for redemption filed by the debtors on February 18, 1987, and on the countermotion to lift the stay filed by Snap-On-Tools on March 4, 1987. The debtors seek to avoid the lien of Snap-On-Tools Corporation on certain tools purchased from Snap-On-Tools and Snap-On-Tools seeks to lift the stay as to those ...
Views: 0
MEMORANDUM OPINION ON MOTION TO AVOID LIEN STATEMENT OF THE CASE On March 19, 1986, Roy Lee McGuire and Mary Elizabeth McGuire, Movants, filed a joint petition for relief under Chapter 13 of the Bankruptcy Code. On April 24, 1986, Landmark Financial Services, Respondent, filed a proof of claim for the amount of $1972.43. 1 Respondent’s claim is based in part upon a no...
Views: 0
ORDER DENYING JURY DEMAND This matter came before the Court upon the jury trial demand of defendants Kenneth D. Moore and Mary L. Moore (Moores). The successor trustee, R. Dobie Langenkamp (“Trustee”), opposes this demand stating that the Moores are not entitled to a jury trial in a proceeding under § 547 of the Bankruptcy Code. This Court agrees with the view of the trustee. Pursuan...
Views: 1
OPINION By this appeal the appellant seeks to set aside the trial court’s order which limited the appellant’s allowance of fees and costs to $8,694.88. The appeal stems from an order which was contrary to a previously entered order authorizing the employment of the appellant for the specific purpose of pursuing a certain claim on behalf of the Trustee. The previously entered order had set...
Views: 1
76 B.R. 132 (1987) In re James R. NABBEFELD, Debtor. Bankruptcy No. 87-01080. United States Bankruptcy Court, E.D. Wisconsin. July 22, 1987. John A. Muraski, Green Bay, Wis., trustee. Theodore A. Miller, Green Bay, Wis., for debtor. DECISION D.E. IHLENFELDT, Bankruptcy Judge. The debtor, James Nabbefeld, filed a chapter 7 bankruptcy petition on March 10, 1987. In his schedules, he listed "Lien o...
Views: 0
ORDER The Debtor, Ronald A. Horton, filed a motion under Section 522(f) to void a perfected security interest in a 1975 Chevrolet Van held by Associates Financial Services of Montana. The secured creditor’s response stated the Van is a motor vehicle and not a tool of the trade under Montana Section 522(f) and Montana exemption law, Section 25-13-617, MCA. Associates has filed a motion for relie...
Views: 0
MEMORANDUM OPINION AND ORDER This cause coming on to be heard upon the Complaint for Determination of Dis- *340 chargeability of Debt filed by Plaintiff, DOSS, PUCHALSKI, KEENAN & BAR-GIEL, LTD., represented pro se, and upon the Response thereto filed by Debtor, ROBERT I. COCKHILL, represented by JOSEPH B. TACONI, JR., and the Court, having considered the record in...
Views: 1
MEMORANDUM OPINION INTRODUCTION After the filing of their Chapter 7 case, Debtors’ bank froze their checking account and setoff $75.00. Thereafter, Debtors filed a Complaint for damages and attor *377 ney’s fees wherein they alleged that the bank had willfully violated the automatic stay. The bank answered, denying liability, and filed its own counterclaims. Based upon the findings of fact ...
Views: 3
ORDER OF CONVERSION TO CHAPTER 7 NOW on this 27th day of April, 1987, the above-entitled cases come on for hearing upon the following: (1)Debtor’s Disclosure Statement and Plan of Reorganization and Exhibits; (2) Debtor’s Application for Authority to Compromise Controversy With Highland Park Bank & Trust; (3) Application, By Creditors’ Committee, for Retention of Vernon L. Jarboe as Counsel for t...
Views: 0
DECISION AND ORDER Plaintiffs, which provided hull and machinery insurance coverage to the S.S. AMERICAN APOLLO, a vessel owned and operated by United States Lines, Inc. (the “Debtor”), commenced this adversary proceeding seeking reclamation of some $1,899,448.22 which they had paid to the Debtor pursuant to the insurance policy. A temporary restraining order, issued by this Court on January 27, ...
Views: 0
MEMORANDUM OPINION INTRODUCTION On July 2, 1987, the Court entered an Order granting the Motion Of Debtors For Order Pursuant To 11 U.S.C. Section 1121(d) To Extend The Period Within Which Debtors May Have Plan Accepted and overruling the Secured Creditors’ Joint Objection To Debtors’ Motion. 1 On July 13, 1987, the Secured Creditors filed a Notice of Appeal and Joint Moti...
Views: 0
MEMORANDUM OF DECISION The instant adversary is before the Court upon the trustee’s complaint to avoid a preferential transfer pursuant to 11 U.S.C. § 547. The plaintiff/trustee appeared by Thomas E. Malone and Karen Humphreys of Redmond, Redmond, O’Brien & Nazar, Wichita. Defendant, Bucklin Grain Company, appeared by Michael A. Doll, Mangan, Dalton, Trenkle & Rebein, Chartered, Dodge Cit...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court for trial on August 25, 1987 on Debtors’ Com *696 plaint to Determine Amount and Validity of Alleged Interest in Note Proceeds. At issue is the alleged interest of New Metropolitan Federal Savings & Loan Association formerly known as Metropolitan Savings and Loan Association (“Metropolitan”) in property...
Views: 0
MEMORANDUM ON MOTION FOR RELIEF FROM STAY BY TWELVE OAKS COMPANY The debtors’ Chapter 13 case was commenced by the filing of a joint voluntary petition on October 9, 1986. 1 On October 24, 1986, Twelve Oaks Company (Twelve Oaks) filed a motion seeking an order declaring the automatic stay (11 U.S.C.A. § 362(a) (West 1979 & Supp.1986)) inapplicable, or, alternatively,...
Views: 0
The debtors, Century Glove and Southwest Gloves and Safety Equipment, have asked the court for rulings in advance of a confirmation hearing as to whether actions they propose to take with regard to the claim of First American Bank are legally appropriate in the context of debtors’ present proposed plans. Section 3.5 of Century’s First Amended Plan of Reorganization which concerns the secured cl...
Views: 1
ORDER GRANTING PLAINTIFFS’ MOTION FOR JUDGMENT ON THE PLEADINGS This matter is before the Court upon plaintiffs’ Motion for Judgment on the Pleadings and the Memorandum Contra and Motion to Dismiss of defendant Cheers Communications Corp. (“Cheers”). The legal issue raised by the parties in this adversary proceeding — whether a Chapter 13 debtor has standing to avoid a preferential transfer — w...
Views: 0
■MEMORANDUM The trustee seeks to recover from United Liberty and Brent Towing, as avoidable preferences, payments made by the debtor, H & S Transportation, to fuel suppliers. Since the trustee established the elements of a preference action and United Liberty and Brent Towing failed to do so on their defenses, this court finds that the trustee may recover $149,586.98 from United Liberty a...
Views: 1
*809ORDER AND NOW, this 29th day of June, 1987, upon consideration of: 1. The Recommendation of the Honorable Bruce I. Fox that the Motion for Remand of Paxton National Insurance Company be denied; 2. Bankruptcy Judge Fox’s Opinion in Support of such Recommendation; 3. The Objections of Paxton National Insurance Company to the Conclusions of Law and Recommendation of Bankruptcy Judge Bruce Fox iss...
Views: 0
This matter is before the Court on the motion of the plaintiff, the Official Creditors Committee (the “Committee”) of James B. Downing & Company (“Downing”) for summary judgment against the defendants Cereal-By-Products (“Cereal”) and Better Nutrients (“Nutrients”). The basic facts are simple. Downing had a facility in Adell, Wisconsin which produced a standard grade of solid whey called N...
Views: 2
MEMORANDUM OF OPINION Crutcher Resources Corporation (Crutch-er), the parent corporation, and its subsidiaries (Debtors) brought an 11 U.S.C. § 363(b)(1) 1 Motion to Sell Free and Clear *630 of Liens. The testimony at the hearing indicated that all assets of the Debtors are pledged and that the Debtors have projected operating losses for the next three months. The ...
Views: 0
DECISION AND ORDER ON OBJECTION TO CLAIM OF DAVID JOSEPH CO. Debtor filed this Chapter 13 case listing the David J. Joseph Company (“claimant”) as a disputed unsecured creditor in the amount of $4,670.02. Debtor’s plan, which has been confirmed, contains a provision that, in the event that some amount is owed to this creditor, the monthly payment provided for in the plan will be increased sufficie...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court on May 20, 1987, upon the complaint of Chase Manhattan Bank (U.S.A.), N.A. (“Chase Manhattan”), for a determination of dischargeability pursuant to § 523(a)(2)(A) of the Bankruptcy Code, of obligations owed to Chase Manhattan by Carole Fisher (“defendant”), and the Court having heard the testimony, examined the ev...
Views: 2

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up