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 1991

Opinions in bankr-lexis Volume 1991

MEMORANDUM OPINION THIS CASE came on for confirmation hearing on November 20, 1990, to consider confirmation of a Chapter 13 plan. The Chapter 13 trustee filed a “recommendation” that confirmation of the plan be denied (Document No. 8) on the ground that the debtors propose to make payments through the plan on a 40-acre parcel of non-income producing investment real property. The court will tre...
Views: 8
OPINION A. INTRODUCTION The instant proceeding causes us to again visit an area of the law which we chronicled at length in In re Perkins, 106 B.R. 863, 866-70 (Bankr.E.D.Pa.1989), aff'd, C.A. No. 89-8705 (E.D.Pa. Feb. 1, 1990): the practices of MID-PENN CONSUMER DISCOUNT CO. (“Consumer”) regarding retention of mortgages from a pri- or loan when making a new loa...
Views: 1
MEMORANDUM OF DECISION After a hearing, the Court took under advisement Debtors’ motion to modify the terms of their confirmed Chapter 12 plan, and the objections thereto of the secured creditors Farm Credit Bank of Spokane (“FCB”) and Deutz-Allis Credit Corporation (“DACC”). The record consists of certain uncontested representations of counsel for the parties made at the hearing, togethe...
Views: 2
MEMORANDUM OPINION This matter is before the Court in connection with a Motion for Extension of Exclusive Periods to File a Plan and Solicit Acceptances filed by Corvus Corporation, Corvus Research Inc., Corvus Communications Company, Corvus Systems Inc. and Corvus Microwave Inc. (collectively, the “Debtors”). The issue presented here is whether the Official Committee of Unsecured Creditors (th...
Views: 0
MEMORANDUM OPINION This matter comes before the Court upon the application of Theodore S. Miseveth to recover $600.00 in attorney’s fees incurred in representing Bernard Gecowetts (“debt- or” or “defendant”) in an action filed by the debtor’s estranged wife, Joye Gecow-etts (“plaintiff”), objecting to the debtor’s discharge. For the reasons stated below, we deny counsel’s request for the fees in ...
Views: 0
*711 MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS The primary issue before the Court in this Motion to Dismiss filed by the defendant is whether the Complaint to Revoke Discharge was filed timely. The Complaint is filed under 11 U.S.C. § 727(d) 1 which permits revocation of a previously granted discharge, but only if— (1) such discharge was obtained through the fraud of the debtor, a...
Views: 0
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN The matters before the Court are the confirmation of Debtors’ proposed Chapter 13 Plan and the objection to confirmation of the Citizens National Bank of Maryville. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2). For the reasons stated below, the Court sustain...
Views: 0
OPINION The appellee, Potrans International Inc. (“Potrans”), sued the debtor Francis W. Madigan 1 in state court on a guaranty that was secured by a trust deed. Potrans did not seek to foreclose the trust deed in that action. Prior to bankruptcy, a default was entered against the debtor in the state court action, but no judgment was entered. After filing bankruptcy, the debtor sought to avoi...
Views: 1
MEMORANDUM OF OPINION ON ATTORNEY’S FEES The court determines that under Texas statutes the Plaintiffs are entitled to attorney’s fees and therefore awards pre-petition attorney’s fees as a part of the Plaintiffs’ claim and post-petition attorney’s fees prior to any distribution or retention of property by the shareholders. Facts Following the death of the longtime president...
Views: 1
ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFF ON ISSUES OF LIABILITY FOR, AND AMOUNT OF, DEBT This adversary proceeding for determination of dischargeability came on before the Court on December 11, 1990, for hearing on Defendant’s “Motion to Determine Effect of State Court Judgment.” Defendant appeared by his attorney, James L. Berg. Plaintiff appeared by his attorney, Kurt M. Anderson. Upon th...
Views: 2
AMENDED MEMORANDUM OPINION REGARDING REJECTION OF NONRESIDENTIAL REAL PROPERTY LEASE AND MOTION FOR STAY PENDING APPEAL This proceeding arises in a case referred to this court by the Standing Order of Reference entered in this district on July 24, 1984 and is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (M). Accordingly, the court is authorized to enter fina...
Views: 1
MEMORANDUM OF DECISION Before the Court is the motion of Maine Savings Bank (“MSB” or “the Bank”) to prohibit the use of cash collateral. 1 The Bank claims that certain post-petition rents from the Debtors- properties are its cash collateral for which it is entitled to adequate protection. FACTS The facts are not seriously disputed. The relationship between the partie...
Views: 2
ORDER This matter is before the Court on the Application of the Life Insurance Company of Georgia (“Life of Georgia”) for Allowance of Attorneys’ Fees (hereinafter referred to as the “Application”), filed on May 18, 1990. The United States Trustee’s office filed comments concerning the Application on June 6, to which Life of Georgia responded on June 12.1 Objections to the Application were filed b...
Views: 0
OPINION A. INTRODUCTION The success of the current Chapter 13 Plan of Debtor, who made but six of the 38 pre-petition mortgage payments due to her residential mortgagee, depends on her ability to convince us that she can utilize 11 U.S.C. § 506 to effectively “cram down” her sizable mortgage-payment arrears. Logic, as well as the express language of 11 U.S.C. § 1322(b)(5), dictates t...
Views: 2
INTRODUCTION This matter comes before the Court on the objection of trustee A. Thomas DeWos-kin (the “Trustee”) to the claim asserted by Kenwood U.S.A. Corporation (“Kenwood”). The Court must determine whether pursuant to Section 502(d) of the Bankruptcy Code (the “Code”) a court may disallow a claim upon the Trustee’s prima facie showing that a creditor received an otherwise v...
Views: 1
MEMORANDUM OF DECISION Ontario Hydro, a Canadian corporation and a public utility generates electricity in the Providence of Ontario, Canada. El International (El), the reorganized debtor, agreed to supply its PMAX software system to one of Ontario Hydro’s plants. After filing a chapter 11 petition the exec-utory contract with Ontario Hydro was rejected by the debtor under 11 U.S.C. § 365...
Views: 1
ORDER In this adversary proceeding, the Trustee has filed a Complaint against the Defendant Chouteau County seeking turnover of cash in the sum of $18,016.83 and items of *760 personal property which were taken into possession by the Defendant under the Montana Uniform Controlled Substances Act, Section 44-12-101, et seq. Mont.Code Ann. After Answer, the parties have submitte...
Views: 0
OPINION Judgment creditor appeals from a declaratory judgment of the bankruptcy court holding that community property is not liable for a nondischargeable debt because judgment creditor failed to serve the “innocent spouse” as a defendant in nondis-chargeability proceeding. No determination was made that the debt was a community claim. We remand for such a determination. It is not necessary to ...
Views: 0
MEMORANDUM OPINION The issue in this case has its origin on October 31, 1984, when the Small Business Administration issued a special warranty deed to the real estate commonly known and numbered as 630 East 23rd, Independence, Missouri. The grantees in that deed were: Gregg D. Shane and Connie L. Shane, husband and wife; and Duane D. Shane and Barbara J. Shane, husband and wife. Gregg Shane and D...
Views: 0
MEMORANDUM OPINION General Motors Acceptance Corporation (hereinafter GMAC) purchased a motor ve- *729 hide retail time installment contract from Lester Moore Chevrolet in October or November of 1984. The buyers were Fred and Gina Rhodus, and the vehicle was a 1984 Chevrolet Cavalier. Fred and Gina Rhodus were subsequently divorced; Gina married Michael Joseph Tluscik; and the title to the 19...
Views: 2
OPINION The matter before the Court is the Chapter 7 Trustee’s “Complaint To Recover Preferential Transfer.” At issue in this adversarial proceeding is the avoidability of certain payments made by the debtor, Jolly “N” Inc. (“Jolly N”), to the defendant, Public Service Gas & Electric Company (“PSE & G”). Specifically, the Trustee seeks to avoid these payments as preferential transfers und...
Views: 2
MEMORANDUM OPINION Before the Court are several fee petitions. The law firm of Sable, Makoroff & Libenson (“SM & L”), counsel for Sounds Distributing Corporation (“Debtor”), has filed an application for counsel fees in the amount of $15,435.00 and reimbursement of costs in the amount of $1,664.58. Mary Reitmeyer, Chapter 7 Trustee (“Trustee”), opposes the application on several grounds. S...
Views: 0
DECISION ON MOTION OF CINCINNATI BUILDERS SUPPLY COMPANY This is an involuntary bankruptcy ease originally commenced by a single creditor but subsequently joined in by two additional creditors. The case was dismissed upon agreement between the petitioning credi *706 tors and the debtor. To initiate the dismissal, petitioning creditor John W. Dapper Company filed a motion. Tha...
Views: 0
DECISION This is an ancillary proceeding under 11 U.S.C. § 304 brought by Michael D. Gercke and Mark Homan, the administrators of Dominion International Group, Pic, (“Dominion”) pursuant to the Insolvency Act of 1986 of the United Kingdom. The administrators seek to enjoin York Associates, Inc., John C. York, Jr., and Michael I. Lip-son (collectively referred to as “York”) from continuing...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Pembroke Development Corporation (the “debtor”) against A.P.L. Window (the “creditor”) to recover a preference, 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 othe...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Universal Credit Union (the “creditor”) against William Santomaso (the “debtor”), pursuant to 11 U.S.C. § 523(a)(2), and § 727(a)(2)(A), and (a)(3), and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the argument...
Views: 0
MEMORANDUM AND DECISION ON COMPLAINT TO BIFURCATE AND VOID LIEN UNDER CODE § 506(a), (d) IN CHAPTER 13 CASE The plaintiffs seek to bifurcate the claim and void the lien of Federal Home Loan Mortgage Corp. (“the defendant”) 1 under Code § 506(a) and (d), 2 to the extent that the allowed amount of that claim exceeds the value of their residence. The plaintiffs further ...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND STEFANS’ MOTION FOR ABSTENTION Plaintiff Elaine T. Williams (“Plaintiff”), Executor of the Estate of Gary Williams (“Williams”), has moved to enjoin Lawrence J. Stefan and Judith Stefan (the “Ste-fans”), along with Debtor L & S Industries, Inc. (“Debtor”, “L & S”) 1 (collectively the “D...
Views: 2
MEMORANDUM DECISION The matter is before this Court on Steven and Sheri Cohen’s motion for order of contempt and to enjoin North Park Park-side Community Association from proceeding on its state court judgment obtained against them post-petition. North Park has made a cross-motion for attorney fees and costs incurred in defending against the debtors’ motions. Jurisdiction is vested i...
Views: 1
MEMORANDUM OF DECISION Debtors filed a Chapter 13 petition on July 11, 1990. Presented to the Court in this proceeding is Debtors’ Motion for Order Determining Effect of Automatic Stay. The issue offered concerns whether an exception to the automatic stay, available to governmental units to enforce police and regulatory powers under Bankruptcy Code Section 362(b)(4), applies to the action...
Views: 0
OPINION Appellant Franchise Tax Board of the State of California (“Board”) appeals the trial court’s decision discharging the tax liability of debtors Jack B. King and Paula H. King (“debtors”) for tax years 1978— 1981. Both sides agree that the appeal *384 turns on the definition of the term “assessed” in Bankruptcy Code § 507(a)(7)(A)(ii). We reverse. FACTS AND PR...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THE MATTER under consideration in the above-captioned Chapter 7 case is an Amended Complaint Seeking Exception to Discharge pursuant to Title 11 U.S.C. § 523(a)(2)(A) and (a)(4) filed by Plaintiff, Jerry Katzman, M.D. Ophthalmic Associates, P.A. Both Plaintiff and Defendant, Linda Kleinkorte Owens, moved for summary judgment on the basis there remain no genui...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Fred Wines (the “debtor”) against the United States of America (the “creditor”) to determine the dischargeability of certain tax deficiencies pursuant to 11 U.S.C. § 523(a)(1) and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witn...
Views: 0
OPINION A. INTRODUCTION Presented is a motion of the Debtor, the sole asset of which is a large building situated at Ninth and South Streets in Philadelphia, to obtain credit which contemplates providing a first lien on the building to the new lender over the objection of the incumbent first mortgagee, pursuant to 11 U.S.C. § 364(d). We hold that a qualitative analysis, similar to th...
Views: 1
This adversary proceeding for avoidance of allegedly-preferential transfers came on before the Court on March 7, 1989, for trial. Plaintiff appeared by his attorney, David R. Marshall. Defendant appeared by its attorney, Andrew N. Herbach. Upon the evidence adduced at trial, the briefs and argument of counsel, and all of the other files, records, and proceedings herein, the Court makes the foll...
Views: 3
MEMORANDUM OPINION AND ORDER This matter is before the Court upon the debtor-in-possession’s, Miniscribe Corporation’s (Miniscribe), complaint to recover alleged preferential transfers to Keymarc, Inc., (Keymarc). The relevant facts are as follows. Minis-cribe was a corporation whose primary business involved the design, manufacture and sale of computer disk drives, to provide mass d...
Views: 2
ORDER ON OBJECTIONS TO CLAIMS OF EXEMPTIONS THESE ARE Chapter 7 liquidation eases and the matters under consideration are Objections filed by the Trustee in each case to the Debtors’ claims that funds held in their respective ERISA-qualified retirement plans are exempt from administration by the Trustees pursuant to Florida Statute § 222.21(2)(a), 11 U.S.C. § 522(b)(2)(A), and 11 U.S.C. §...
Views: 1
CONTESTED MATTER ORDER This matter is before the court on the motion of CFC 78 Partnership B (“CFC”) to dismiss, for relief from stay and to transfer venue. Hearing was held and the parties have filed post-hearing briefs. For the reasons set forth below, CFC’s motion to dismiss is denied; the motion for relief from stay is denied without prejudice; and the motion to transfer venue is granted....
Views: 2
CORRECTED ORDER This matter arose as a result of Plaintiffs demand for a jury trial. As a result of a status conference held May 23, 1990, the parties were directed to brief the issue of whether Plaintiff is entitled to a jury trial. For the reasons set forth below, Plaintiffs demand for jury trial is stricken. Plaintiffs complaint alleges that Plaintiff holds a claim against Debtor as a result o...
Views: 0
DECISION AND ORDER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Heard on November 9, 1990 on the Motion of the debtor, Corporación de Servicios Medicos Hospitalarios de Fajardo (“the Hospital”) for an Order compelling the Puerto Rico Department of Health (“the Department”) to make past due payments for services rendered. The Hospital alleges that the Department owes it $2,333,009 1 ...
Views: 0
ORDER This matter is before the court following trial in the above-styled adversary proceeding. The parties filed proposed findings of fact and conclusions of law and filed post-hearing briefs. For the reasons set forth below, Debtor’s obligation to Plaintiff to the extent of $12,000 is found to be nondis-chargeable. FINDINGS OF FACT Plaintiff and Defendant were married in 1963. They were d...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the debtor’s motion for sanctions against the State of Oregon, Department of Revenue (ODR) and Nancy Minden, the individual employee of ODR who signed the precautionary proof of claim, herein, on behalf of the ODR (the claim). The debtor alleges that the claim is not well grounded in fact and that the ODR did not make a reasonable inquiry...
Views: 0
MEMORANDUM OPINION This adversary proceeding is before the court for a decision upon the record. PROCEDURAL BACKGROUND The plaintiff, the Chapter 7 trustee, herein, filed his complaint against the defendant on December 12, 1988 to recover fees paid to the defendant, a former attorney for the Chapter 11 debtor-in-possession, without prior court authorization. There are two claims...
Views: 1
DECISION Thomas Friscia (“Debtor”) moves to dismiss the motion brought by Municipal Credit Union (“MCU”) for an extension of the period in which MCU may file a complaint to determine the dischargeability of a debt on the grounds that MCU’s motion was not timely filed. For the reasons stated below Debtor’s motion to dismiss is denied. FACTS On June 19, 1990 the Debtor filed a pet...
Views: 0
DECISION AND ORDER At issue is whether the debtor’s obligation to his former spouse, which arises out of a Final Divorce Judgment of the Providence County Family Court, is dis-chargeable. The plaintiff, Marilyn Wheeler, seeks to have the debt declared nondis-chargeable pursuant to 11 U.S.C. § 523(a)(5), on the ground that the obligation is in the nature of child support. Because the dispute is ...
Views: 1
CONTESTED MATTER ORDER This matter is before the court on Mov-ant’s motion for Bankruptcy Rule 9011 sanctions. Respondents oppose the motion. Hearing was held January 10, 1990, and was continued to and concluded February 9, 1990. Following the hearings, the parties filed briefs, response briefs and supplemental briefs. For the reasons set forth below, Movant’s motion for sanctions is...
Views: 1
MEMORANDUM OF DECISION This matter involves a dispute between the Debtor Millsap and the creditors Smith over their relative rights in, and the value of, certain real property owned by Debtor. After an evidentiary hearing, the Court took under advisement Debtor’s motion for determination of the amount of Smiths’ allowed secured claim and for valuation of the real property. 11 U.S.C. § 506(a). T...
Views: 0
MEMORANDUM AND ORDER Van Price, Jr., debtor, defendant, has moved to dismiss the third amended complaint of Old Kent Bank-Chicago, plaintiff, for Old Kent’s failure to state averments of fraud with sufficient particularity as required by Fed.R.Civ.P. 9(b) [Fed.R. Bankr.P. 7009] and for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) [Fed.R.Bankr.P. 7012], T...
Views: 1
OPINION Appellant Robin A. Parkhill (“Parkhill”) appeals from the trial court’s summary judgment finding that a note signed by debtor-appellee Irene Vazquez Nusor (“Nu-sor”) was not a negotiable instrument and avoiding Parkhill’s lien on real property. Parkhill argues that the note was a negotiable instrument under the California Uniform Commercial Code (“Commercial Code”), that she is a ...
Views: 2
MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334, 151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(I), which the Court may hear and determine. INTRODUCTION The Debtors filed their volun...
Views: 0
INTRODUCTION Peter W. Wasserman (“Wasserman”) filed a voluntary petition under Chapter 11 on June 11, 1990. His spouse, Sharon M. Cerny (“Cerny”) filed a voluntary petition under Chapter 11 approximately five weeks *840 later on July 23, 1990. Wasserman and Cerny (collectively the “Debtors”) are trustees of and each hold a fifty percent beneficial interest in a Massachusetts trust known as th...
Views: 0
DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO THE PLAINTIFF This proceeding is before the court on the parties’ cross motions for summary judgment (Doc. 28 and Doc. 29). Memoran-da in support of these summary judgment motions (Doc. 30 and Doc. 31) have also been submitted. This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order ...
Views: 1
DECISION ON ORDER FIXING VALUATION OF ALLOWED SECURED CLAIM AND PARTIALLY AVOIDING LIEN This adversary proceeding, which involves the chapter 7 debtors’ complaint to determine the amount of a second mortgage holder’s secured claim and to avoid the unsecured portion of that claim, arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order Of Reference entered i...
Views: 0
DECISION ON ORDER GRANTING MOTION OBJECTING TO ALLOWANCE OF CLAIM OF GENERAL MOTORS ACCEPTANCE CORPORATION This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this *581court by the Standing 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) — matters concerning the administration of the...
Views: 0
DECISION ON APPLICATION OF CCS FOR AN ORDER GRANTING AN ADMINISTRATION CLAIM CCS Associates, Inc. (“CCS”), a creditor in this Chapter 11 case, has moved for an order granting it an administration claim pursuant to 11 U.S.C. § 503(b)(3)(D) for making a substantial contribution in this case. CCS seeks a total administration claim in the sum of $37,977.68, although approximately $28,000.00 r...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding was brought by the plaintiff, Joan Ellis, against the debtor-defendant, Timothy Shear, to establish that her claim is nondischargeable under section 523 of the Bankruptcy Code. Her claim is embodied in a judgment against the debtor entered by the Court of Common Pleas for Cuyahoga County (the “State Court”) on October 5, 1989 in the amount ...
Views: 0
MEMORANDUM ORDER This proceeding came on for trial on the plaintiffs complaint to enjoin the City of Edina’s criminal prosecution. Michael T. Kallas appeared for the plaintiff. Kim A. Anderson appeared for the City of Edina and George G. Seitz appeared for Dennis Bible. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334 and Local Rule 103(b). This is a core proceeding. Based on t...
Views: 0
DOUGLAS 0. TICE, Jr., Bankruptcy Judge. The debtor filed a complaint against the Internal Revenue Service which requires this court to decide whether a federal tax debt of the debtor was discharged by his chapter 7 discharge in bankruptcy. Facts The facts are fully stipulated. On April 11, 1985, the IRS assessed against the debtor a 100 percent tax penalty pursuant to Internal Revenue C...
Views: 0
DECISION ON MOTIONS FOR SUMMARY JUDGMENT REGARDING CERTAIN LOAN AGREEMENTS BETWEEN PLAINTIFFS AND DEFENDANTS I. Factual Background A. AIP Commences a Public Offering of Limited Partnership Units By Prospectus, dated May 1, 1989, AIP1 commenced a public offering of up to $200,-*183000,000 of limited partnership units. According to the Prospectus, “[t]he General Partner reserve[d] the right, in its...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Plaintiff’s Motion for Default Judgment filed September 24, 1990, Defendant Citizens Bank of Westminster’s Objection *399thereto filed October 5, 1990, Bank’s Motion for Summary Judgment filed November 21, 1990, Plaintiffs Objection to Bank’s Motion for Summary Judgment filed December 5, 1990, and Bank’s Reply to Plaintiff’s Objec...
Views: 0
MEMORANDUM AND ORDER Shortly before the debtors’ Chapter 11 bankruptcy filing, debtor Jimmy Starr received a personal injury settlement in the amount of $100,000. The settlement proceeds were paid into a trust account of the debtor’s attorney, Paul Giamanco, who dis *316 bursed a portion of the funds to pay medical bills and attorney fees. The debtor himself received a paymen...
Views: 0
MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR TURNOVER On June 20, 1990, the trustee filed a Motion for Turnover of Non-Exempt Savings and for Extension of Time to File Complaint Objecting to Discharge. In this motion, the trustee seeks an order requiring Timothy and Stephanie Idalski (“Debtors”) to turn over $5,166.23 to the estate. According to the trustee, this sum represents the total vo...
Views: 1
OPINION AND ORDER Approval of an “Application for Leave to Sell Property of the Estate in a Private Sale” and a Stipulation withdrawing an opposition to such Application are pending before the Court. 1 Approval is denied for reasons stated herein. FINDINGS OF FACT The record shows that Cochera, Inc. filed a Motion for Appointment of a Trustee. This Motion was filed be...
Views: 0
MEMORANDUM OPINION I. JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(A), which the Court may hear and determine. II. INTRODUCTION ...
Views: 1
OPINION This adversary proceeding is before the Court on cross motions for summary judgment. The plaintiffs are eight individuals who seek a determination that judgments entered in their favor against defendant-debtor James W. Standard (“Standard” or *447 “debtor”) are not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(4) or 11 U.S.C. § 523(a)(6). This is a core proceed...
Views: 2
OPINION AND ORDER Plaintiffs have filed a Motion for Summary Judgment claiming that the money judgment entered in Civil case No. 80-6258 by the Superior Court of Puerto Rico, San Juan Part, is not dischargeable pursuant to 11 U.S.C. Section 523(a)(6). For the reasons stated in this Opinion, we deny the request for summary judgment. STIPULATED FACTS 1. “Plaintiffs are the heirs of the late Milagros...
Views: 1
*628 OPINION ON CONDITIONS ON EMPLOYMENT OF FINANCIAL ADVISORS I.INTRODUCTION The motions before the Court raise the issue of what conditions should be placed on the employment of investment advisors for the debtor and the committee of unsecured creditors in this case. The Court holds that, while both the' debtor and the creditors committee may employ investment advisor...
Views: 1
MEMORANDUM OF OPINION ON VALIDITY OF LIENS The question presented in these cases is whether a retail installment contract for household goods which refinances unpaid balances on prior contracts destroys the purchase money security interest character of the goods purchased under the prior contracts. If the goods purchased under prior contracts no longer retain their purchase money character, the D...
Views: 0
DECISION ON MOTION FOR RELIEF PURSUANT TO BANKRUPTCY RULE 7012 Defendant, Jesup & Lamont, Inc. (“Jes-up”), has moved pursuant to Fed.R.Civ.P. Rule 12(b)(6) and Bankruptcy Rule 7012(b) to dismiss the second, third and fourth claims asserted in the above-captioned debtors’ adversary proceeding to recover damages allegedly sustained because of Jesup’s failure to perform certain provisions co...
Views: 0
OPINION On October 30, 1985, to secure a $56,-000.00 loan, the Debtors gave the Morton Community Bank (“Bank”) a first mortgage requiring monthly principal and interest payments of $610.00 and monthly escrow payments for taxes. Approximately two years later, on November 2, 1987, to secure a $10,000.00 loan, the Debtors gave the Bank a second mortgage requiring monthly principal and interest paymen...
Views: 4
OPINION AND ORDER The issue raised in this contested matter is whether an Order entered on July 27, 1989, in Case No. 88-00433 (ESL) granting Movant relief from the automatic stay is res judicata, precluding this subsequent motion for relief from stay filed during the pendency of the instant case. The parties agree the relevant facts are not in dispute. Debtors filed a Chapter 13 petition for ban...
Views: 0
MEMORANDUM OF DECISION 1. Introduction. Before the court is the motion of Allied Capital Corporation 1 (“Allied”) to dismiss Consolidated Auto Recyclers of Massachusetts Chapter 11 case. Allied contends that Consolidated Auto Recyclers of Massachusetts, Inc. (CARM), was unlawfully made the subject of bankruptcy proceedings through the unauthorized actions of the ba...
Views: 1
MEMORANDUM OPINION ON PRIORITY OF LIENS In order to resolve the lien priority issues raised by this Adversary Proceeding, the court must determine whether a bond indenture trustee exceeded its authority. Finding that the trustee did not exceed its authority, the court holds that the liens held by the Plaintiff and Defendant have equal priority. FACTS 1 Promoters formed a...
Views: 2
MEMORANDUM, OPINION AND ORDER FACTS This matter comes before the Court on the debtor’s objection to the IRS’s claim for $1,033,541.27 on the grounds that the claim was not timely filed. The debtor Myles Olsen, Jr. and a corporation whose shares are wholly owned by the debtor, Olsen Woodwork Company, Inc., both filed Chapter 11 petitions on June 27, 1985. On July 22, 1985, the IRS filed a clai...
Views: 2
MEMORANDUM OPINION This matter came before the Court on the Trustee’s complaint for turnover of a payment made on a retail installment account with Broadway Southwest. The parties stipulated to the facts and submitted briefs to present their legal arguments to the Court. Upon the Court’s request, Broadway Southwest supplemented the record with the itemization of the debtor’s account. Having con...
Views: 1
The above-captioned debtors brought the same issue before this Court of what constitutes disbursements for the computation of United States Trustee (UST) fees under 28 U.S.C. § 1930(a)(6). The Court combines adjudication of both in this letter decision which constitutes findings of fact and conclusions of law pursuant to Bank.R. 7052. The instant matters are core matters under 28 U.S.C. § 157(b)(2...
Views: 0
*273 MEMORANDUM OPINION AND ORDER ON THE UNITED STATES TRUSTEE’S MOTION TO INTERVENE AS A PARTY DEFENDANT/COUNTER-CLAIMANT This Court had previously set October 30, 1990, as a deadline for the United States Trustee and the Unsecured Creditors’ Committee to file motions to intervene in this consolidated adversary proceeding. On October 24, the United States Trustee moved to interv...
Views: 0
*653 ORDER REGARDING MICHIGAN NATIONAL BANK’S REQUEST FOR AID IN IMPLEMENTATION AND CONSUMMATION OF CONFIRMED PLAN Background Facts On January 30, 1990, this Court confirmed a plan of reorganization in this case (hereinafter the “Plan”). According to pertinent provisions of the Plan, upon confirmation certain real property, Sooner Road Mobile Home Park (hereinafter “Soon...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO AUTHORIZE SALE OF ASSETS This cause came on to be heard upon Motion for Leave to Sell Estate Assets Free and Clear of Liens pursuant to 11 U.S.C. § 363(b) and (f) (“the Motion”), filed by Donald E. Johnson (“Trustee”), trustee in bankruptcy of the estate of Octagon Roofing (“Debtor”). Objection to that Motion was filed by the NBD Park R...
Views: 1
MEMORANDUM OPINION ON ATTORNEY GENERAL’S MOTION FOR SUMMARY JUDGMENT Plaintiff Neil F. Hartigan, Attorney General of the State of Illinois (“Attorney General”, “Plaintiff”), on behalf of twenty consumers (“Consumers”), moved pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(7) for entry of summary judgment finding nondis-chargeability of debt adjudged by an Illinois Court to be due from Debto...
Views: 2
MEMORANDUM OPINION ON PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM The issue here is whether a chapter 7 debtor can force a creditor holding a mortgage on real property of the estate to accept less than the full balance owing when the debtor eventually sells the property after the case is closed. To our knowledge, this is the first Chapter 7 “strip down” ever attempted in this district. ...
Views: 0
MEMORANDUM OF DECISION This is a no asset Chapter 7 ease with a claims bar date. Most Chapter 7 cases are no asset cases with a no dividend statement. The Debtors in this case seek to reopen their case to list an omitted creditor long after the claims bar date has elapsed. The problem presented is one of determining the effect of the claims bar date on the dischargeability of the creditor’s omi...
Views: 0
MEMORANDUM ORDER ALLOWING COWRON & COMPANY CLAIM AND SUSTAINING OBJECTION OF HECK’S, INC. TO FILING OF AMENDED CLAIM This matter is before the Court on the objection of Heck’s, Inc. [Debtor] to the claim of a landlord for damages pursuant to 11 U.S.C. § 502(b)(6) for rejection of a lease. Following authorization by the Court, the Debtor rejected a triple net lease of more than 40,000 squa...
Views: 2
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DETERMINE WHETHER A PROCEEDING IS A CORE PROCEEDING I. ISSUE Carl D. Sherman, the defendant in this adversary proceeding, has moved the bankruptcy court, pursuant to 28 U.S.C. § 157(b)(3), 1 for a determination whether the proceeding is a core proceeding under § 157(b) 2 or is a proceeding otherwise re *161 lated to a case under title 11...
Views: 1
MEMORANDUM OPINION This matter is before the Court upon the objection by Valley Vue Joint Venture, a Virginia general partnership (the “Debt- or”), to a proof of claim filed by S.W. Rodgers Co., Inc., a Virginia corporation (“Rodgers”), in the amount of $1,000,000. Rodgers’ claim results from its reimbursement of a bank which honored a standby letter of credit issued for the account of Ro...
Views: 3
OPINION ISSUE The common issue in the above cases is whether they should remain in Chapter 11 or be converted to Chapter 7 where in David Weiss there was never any hope, plan, nor intent other than to liquidate the debtor’s assets, and in Lyons the business had been shut down with no real hope of revival. DAVID WEISS Petitioning Creditors filed an involuntary petition for r...
Views: 0
MEMORANDUM OPINION Debtor brought a motion to dismiss certain claims for relief in plaintiff’s complaint for nondischargeability of a state court judgment and alternatively for summary *384 judgment on the remaining claims. I heard the matter on November 15, 1990. On the bench I dismissed plaintiffs third, fourth, fifth, seventh, eighth and ninth causes of action. I gave the plaintiff 30 days...
Views: 0
MEMORANDUM OPINION ON FIVE YEAR PLANS PROPOSED IN SERIAL CHAPTER 13 FILINGS On December 13, 1990, the Court held the confirmation hearing ón the Debtor’s Chapter 13 Plan in the above-referenced bankruptcy case. The Chapter 13 Trustee opposed the Debtor’s confirmation as the Debtor had a prior Chapter 13 case which had recently been dismissed for material default in plan payments. The Court has ...
Views: 2
OPINION BACKGROUND A.J. Volpi Contractors, Inc. (“Volpi”) instituted a civil action, Number 84-2250, in the United States District Court for the Southern District of West Virginia against W-P Coal Company, Inc. (“WP”) and Pic-kands Mather and Company (“PM”) on June 29, 1984. On April 16, 1985, WP, along with its parent, Wheeling-Pittsburgh Steel Corporation, filed a voluntary Petition under...
Views: 0
MEMORANDUM OPINION Introduction This matter comes on to be heard upon the Motion of the Debtors to Modify the Plan treatment of three secured claims of Local America Bank (“LAB”) and upon the objections thereto filed by said bank. This Court having been fully advised in the premises finds as follows: Findings of Fact Harold Wayne Burlingame and his wife, Barbara Jean Burlingame, (“Debtors...
Views: 1
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT THIS CAUSE came before the Court on November 14 and 28, 1990, upon a motion filed by Dickerson Enterprises, Inc., and Rachel F. Dickerson, Donald F. Dickerson, and J.T. Purdue as co-trustees (the “creditors”), to Alter or Amend the Final Judgment entered by this Court on October 16, 1990, 119 B.R. 874, in favor of Leonardi’s International, I...
Views: 0
MEMORANDUM OF DECISION This matter comes before the Court on creditor Pacific Inland Constructors Corp.’s (“PICC”) motion to set aside two stipulations and orders of the Court. Creditor First Interstate Mortgage Company opposed PICC’s motion. For the reasons set forth below, the motion is denied. BACKGROUND The relevant facts are essentially undisputed. On November 7, 1989, Manc...
Views: 0
OPINION A. INTRODUCTION In their present, final state, the two instant almost identical proceedings present one issue for disposition: whether, pursuant to 11 U.S.C. § 727(a)(3), the Defendant/Debtor, ESTELLE GOLDSTEIN (“thé Debtor”), should be denied a discharge of all of her debts. In deciding this issue, we consider whether the Debtor has failed to keep, and/or has justified her f...
Views: 0
DECISION This matter is before the court on the debtors’ petition to file reaffirmation agreement post-discharge or alternatively to revoke discharge for the purpose of approving reaffirmation agreements. The motion involves debtors’ obligations to four separate creditors, Peoples Federal Savings Bank, which apparently holds a first mortgage on their residence; Graber Homes, Inc., the sec...
Views: 1
OPINION Background On November 9, 1989, the Petitioning Creditors of Skyline Properties, Inc., doing business as Hunter’s Station (“Debtor”), filed an involuntary petition under Chapter 11 of the Bankruptcy Code. Richard W. Roeder, Esq. (“Trustee”) was appointed as Chapter 11 Trustee on May 23, 1990. The Trustee instituted the within adversary proceeding to compel turnover of two Pennsylvania Li...
Views: 0
INTERLOCUTORY ORDER This cause is heard upon the Plaintiff’s Motion for Summary Judgment asking that the Court find the Defendant, City of Si-loam Springs, Utility Division, (“City”), violated the automatic stay. The Court, having examined the briefs, affidavits and other pleadings makes the following findings of fact: FINDINGS OF FACT December 20, 1989, the Debtors filed for bankruptcy in ...
Views: 1
MEMORANDUM OPINION ON MOTION OF RESOLUTION TRUST CORPORATION IN ITS CAPACITY AS RECEIVER OF UNIVERSITY FEDERAL SAVINGS ASSOCIATION FOR RELIEF FROM THE AUTOMATIC STAY BY ANNULMENT AND TO RATIFY THE FORECLOSURE OF REAL PROPERTY A hearing was held, on the Motion of Resolution Trust Corporation (“Movant”) in its Capacity as Receiver of University Federal Savings Association for Relief from St...
Views: 0
MEMORANDUM OPINION ON “RENTS AS CASH COLLATERAL” ISSUE In the above-captioned Rancourt case, the Court has pending for decision Fleet Bank’s (“Fleet”) "Motion to Limit Use of Cash Collateral Pending Motion for Relief From Stay” filed November 15, 1990. There is also pending Vanguard Savings *145 Bank’s (“Vanguard”) “Motion to Limit Use of Cash Collateral Pending Hearing on Motion for Relief f...
Views: 4
MEMORANDUM Before us is a Motion of Defendants PHILADELPHIA HOUSING AUTHORITY, SHARON M. BEMBERY, PHYLLIS FORD, HOLLAND BROWN, and JOHN PAONE (hereinafter collectively referred to as “the PHA”) seeking to dismiss the Complaint of the Plaintiff-Debtor, SHEILA WESTBROOK (“the Debtor”), under Bankruptcy Rule (“B.Rule”) 7012(b) and Federal Rule of Civil Procedure 12(b) on the ground of ...
Views: 2
MEMORANDUM OF DECISION Before its collapse, the debtor operated a mortgage brokerage. Much of its operational financing came from individual investors. In this adversary proceeding, the Trustee seeks to recover as a preference $50,000.00 from defendant investors Willard and Norma De Armond. In 1986, the debtor made a $300,000.00 loan to its president, David Hansen. The loan was secured by a deed o...
Views: 1
ORDER This case is before the Court pursuant to the Plaintiff’s Complaint for a Turnover Order against defendants, Fifth Third Bank and June A. Abbott (Doc. 1); The Debtor’s Answer to the Complaint for a Turnover Order (Doc. 6); Fifth-Third’s Answer to the Complaint for a Turnover Order (Doc. 8) and the briefs submitted by the parties. The Court has jurisdiction pursuant to 28 U.S.C. § 1334(b) an...
Views: 1
ORDER ON DEFENDANTS’ MOTION TO DISMISS THIS CAUSE came on to be heard upon First Union National Bank of Florida and First Union Mortgage Corporation’s (First Union) Motion to Dismiss Complaint of the Official Committee of Unsecured Creditors of the Florida Group, Inc. (Creditors Committee). The Creditors Committee filed a one count, multi-paragraph complaint seeking equitable subordination of F...
Views: 2
ORDER ON OBJECTION TO THE APPLICATION OF OFFICIAL ASBESTOS PERSONAL INJURY CREDITORS COMMITTEE TO EMPLOY CAPLIN & DRYSDALE AND RYDBERG, GOLDSTEIN & BOLVES THIS CAUSE came on to be heard upon the U.S. Trustee’s Objection to the Application of Official Asbestos Personal Injury Creditors Committee to Employ Caplin & Drysdale (C & D) and Rydberg, Goldstein & Bolves (RGB) as legal counsel (C &...
Views: 2
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, FIRST UNION NATIONAL BANK OF FLORIDA This adversary proceeding came on for consideration of the motion for summary judgment filed by the defendant, First Union National Bank of Florida. This is a proceeding filed by the successor personal representative of a decedent’s estate against several defendants, including the bank. Among other t...
Views: 0
MEMORANDUM OF DECISION The above-captioned chapter 11 case was commenced on September 10, 1990. On October 24, 1990, without obtaining relief from the automatic stay, the Internal Revenue Service (the “IRS”) issued two summonses (the “Summonses”) pursuant to 26 U.S.C. § 7602 directed to Wells Fargo Bank, N.A. (“Bank”), requesting the production of certain bank records. 1 One ...
Views: 0
MEMORANDUM OPINION AND ORDER This is a breach of contract action. Gates Engineering Co., Inc. sued Standard Roofing, Inc. to recover $68,674.09 for roofing materials Standard received but for which it did not pay. Standard denies liability, claiming that inventory it still possesses should be credited against monies it owes Gates. Standard also counterclaims against Gates for breach of contract an...
Views: 0
MEMORANDUM OF DECISION ON U.S. TRUSTEE’S OBJECTION TO CHAPTER 7 TRUSTEE’S APPLICATION FOR REIMBURSEMENT OF EXPENSES This matter comes before the Court on the Chapter 7 Trustee’s application for re *635 imbursement of expenses (Final Account) and the U.S. Trustee’s objections thereto. The Chapter 7 Trustee seeks reimbursement of expenses in the amount of $432.00. The spec...
Views: 0
MEMORANDUM AND ORDER DENYING OBJECTION AND ALLOWING CLAIM OF INTERNAL REVENUE SERVICE I. INTRODUCTION Debtor in this Chapter 11 proceeding has objected to the claim filed by Internal Revenue Service in the amount of $69,561.53. Such claim represents amounts allegedly due for withholding and FICA taxes, FUTA taxes, and miscellaneous penalties and interest for periods beginning in 1985 and running ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Daniel L. Bakst (the “trustee”) against Mary Griffin (the “co-owner”) for determination, partition, and sale of the respective interests of Wunita L. Griffin (the “debtor”) and the co-owner in real property pursuant to 11 U.S.C. § 363(h) and the Court having heard the testimony, examined ...
Views: 0
DECISION RE TURNOVER OF PART OF ESCROWED FUNDS AND DEFERRING RULING AS TO BALANCE The court has under consideration the Motion to Compel Turnover of Escrowed Funds (“Motion”), filed by Asher L. and Naoma Wheeler (collectively referred to as the landlord). For the reasons stated at a hearing of January 25, 1991, the court found that the escrow fund established pursuant to this court’s Orde...
Views: 0
*246 MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO THE CLAIMS OF THE STATE OF MICHIGAN AND THE MICHIGAN EMPLOYMENT SECURITY COMMISSION On April 10, 1986, Mayville Feed & Grain, Inc. (Debtor) filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. The State of Michigan (State) filed a proof of a priority unsecured claim against the estate on September 19, 1986...
Views: 0
*818 MEMORANDUM OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I) challenges the dis-chargeability of a specific debt to the plaintiff under 11 U.S.C. §§ 523(a)(2)(A) and (a)(4). For purposes of this opinion, the Court will only consider § 523(a)(4), and the Court concludes that the subject debt in the p...
Views: 1
MEMORANDUM OPINION ON MOTION OF MASS MERCHANDISERS, INC. FOR RELIEF FROM THE STAY Pursuant to Bankruptcy Rule 7052, following are the Court’s Findings of Fact and Conclusions of Law in connection with the motion by Mass Merchandisers, Inc. (“MMI”) for relief from the stay: The stay will lift to allow the setoff prayed for. MMI is a supplier of non-food inventory to the member st...
Views: 1
DECISION AND ORDER Heard on the Trustee’s complaint to recover $125,000 from the defendant, A.B. Hirschfeld Press, Inc. (“Hirschfeld”), as an alleged § 547(b) preferential transfer. At issue is whether four payments 1 totaling $125,000 made by Buyer’s Club Markets, Inc. (“Buyer’s Club”), to Hirschfeld, 2 within the 90 days preceding the debtor’s Chapter 11 filing were preferential transfe...
Views: 3
DECISION AND ORDER This matter is before the Court on cross motions for summary judgment in the within adversary proceeding in which the plaintiff/debtor, Hampden Center, Ltd., seeks a determination of the extent, validity and priority of lien, pursuant to 11 U.S.C. § 506, and to avoid lien pursuant to 11 U.S.C. § 544(a). The parties entered into a Joint Statement of Stipulated Facts, as well as a...
Views: 0
DECISION AND ORDER Heard on November 2, 1990, on the “Landlord’s 1 Motion to Estimate Claim” pursuant to Section 502(c), which claim is based upon a fifteen year lease agreement between Emple Knitting Mills, Inc. (the debtor), and the lessor on August 31, 1983. On January 31, 1989, the Trustee of Em-ple rejected the subject lease, and argued that the rejection operated to ...
Views: 2
DECISION ON ORDER DENYING MOTION FOR PROTECTIVE ORDER AND ORDERING OTHER MATTERS This proceeding, which arises in a case referred to this court by the Standing 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), (B), and (O). The specific issues before the court are presented by the defendants’ State Farm Fire a...
Views: 0
OPINION RESOLVING ENTITLEMENT TO CHAIRLIFT SALE PROCEEDS INTRODUCTION In this contested matter, three creditors are fighting over sale proceeds from a ski chairlift. Although the parties have attempted to settle this matter, this has not been possible. The Court will therefore grapple with the issues and render a decision. The issues presented are many. Was the chairlift a fixtu...
Views: 1
ORDER DISMISSING CHAPTER 11 PETITION THIS MATTER came before the Court for hearing on January 2, 1991 on the Motion to Dismiss the Petition of Panache Development Company, Inc., (“Debtor”) filed by RLS Ventures, Inc. (“RLS”), and after proper notice and hearing, the Court having observed the candor and demeanor of the witnesses, examined the exhibits placed into evidence, having heard the...
Views: 0
DECISION ON ORDER DENYING MOTION FOR ADDITIONAL TIME This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing 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), in which a creditor, 801 Credit Union, by and through its counsel has filed a request for add...
Views: 1
HEARING ON: ORDER REQUIRING CONTINENTAL AIRLINES, INC., ET AL., TO CURE AND PERFORM AGREEMENTS UNDER SECTION 1110 OF THE BANKRUPTCY CODE The essence of the purpose argument is statutory interpretation and the consideration, if any, that should be given to legislative history. In that context, the Court must look first to the plain language of the statute and interpret it, without being swayed b...
Views: 0
MEMORANDUM DECISION The matter before this court is the objection of Security Pacific National Bank (“SPNB”) to the priority claim under 11 U.S.C. § 507(a)(7)(B) of San Diego County (“the County”) for 1984 escaped property taxes. This court has jurisdiction under 28 U.S.C. § 1334, 28 U.S.C. §§ 157(a) and (b), and General Order No. 312-D of the United States District Court, Southern Distri...
Views: 0
MEMORANDUM OF OPINION RE CONFIRMATION OF PLAN The Debtor, Geraldine Becker Smith, asked me to confirm her plan of reorganization which provides, in part, that the claims of creditors Neal and Patricia Rief-fanaugh (hereafter the Rieffanaughs) are disputed and that the Rieffanaughs are to receive no money or other property from the bankruptcy estate on account of their claim, though other ...
Views: 0
OPINION The bankruptcy court concluded that certain malpractice claims, though time-barred under the applicable statute of limitations, should be considered in determining whether the aggregate unsecured debts exceed the $100,000.00 limitation imposed by 11 U.S.C. § 109(e). The court dismissed the case and debtor appealed. We reverse and remand. I. FACTS Debtor was a professiona...
Views: 2
OPINION I Joint debtors under Chapter 7 of the Bankruptcy Code (“Code”) brought this action against their estate trustee seeking a declaratory judgment that the debtors’ principal residence was an exempt asset and no longer property of the estate. From an Order of the trial court granting summary judgment in favor of the Trustee, this appeal ensues. We AFFIRM. II FACTS Irwin and Janice Hyman (“Hy...
Views: 0
MEMORANDUM OPINION The issue is whether Health Care Capital, Inc. (HCC) is a party in interest with standing to file a plan in the Chapter 11 case of debtor First Humanics Corporation pursuant to 11 U.S.C. § 1121(c). 1 The court has jurisdiction pursuant to 28 U.S.C. §§ 1334(a), (b) and 157(a). This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). This memorandum ...
Views: 2
OPINION Havas Leasing Company (Havas) appeals from the court’s order avoiding Havas’ lien on the debtors’ pick-up truck, on the basis that the lien was a nonpossessory, nonpur-chase-money security interest in tools of the trade of the debtor and that the lien impaired an exemption to which the debtors would have been entitled under § 522(b). We affirm. FACTS On February 13,1989 ...
Views: 0
MEMORANDUM The issue is whether Third National Bank received a preference when it was *803 extracted from the debtors’ check kiting scheme during the 90 days before this involuntary bankruptcy. Third National Bank received an avoidable preference. The following are findings of fact and conclusions of law. Bankr.R. 7052. I. Eddie Montgomery was a lawyer. Through his ...
Views: 0
MEMORANDUM OF OPINION AND ORDER In this adversary proceeding the Plaintiff, Ameritrust Company, N.A (Ameri-trust) filed its complaint to obtain a determination of dischargeability of certain debts allegedly owed it by Joel A. Rudicil (Debtor). After due notice to all entitled parties, the matter was tried to the Court. Upon an examination of the testimony adduced, arguments of counsel, the evid...
Views: 2
OPINION AND ORDER The issue at bar is whether the Court should approve the compromise settlement as requested by Wadsworth, Inc. (“Wads-worth”). 1 For the reasons stated herein, we do not approve the compromise settlement. The record of this case shows that on August 30, 1990, Wadsworth filed Section 546(b) Notice in Lieu of Seizure to Perfect Vendor’s Lien (docket entry 4...
Views: 0
DECISION ON SUMMARY JUDGMENT REGARDING VALIDITY OF PERFECTED MECHANIC’S LIEN FACTS The facts of this case are not in dispute. After the filing of Kenyon Industries, Inc. (Kenyon or Debtor) petition in bankruptcy on June 16, 1988, Roofing Concepts Inc. (RCI) took certain actions to create and perfect a mechanic’s lien against property of the debtor. In pursuit thereof, RCI, in accord with Rhode Is...
Views: 0
MEMORANDUM OPINION The Commonwealth of Massachusetts Department of Revenue has filed two proof of claims for unpaid Massachusetts sales taxes that were assessed more than three years before the bankruptcy petition was filed. One claim is secured and in the amount of $60,720.00; the other is unsecured and in the amount of $690.44. The debtor objects to these proof of claims. The question I must res...
Views: 0
OPINION AND ORDER ON MOTIONS FQR SUMMARY JUDGMENT This proceeding is before the Court for the disposition of two Motions for Summary Judgment filed by the Plaintiff, West-chester Enterprises, Inc. (hereinafter “Westchester”) and one of the Defendants, Mercor, Inc. fka Diversified Business Ventures, Inc. (hereinafter “Mercor”). West-chester filed an adversary proceeding against Frank and Mary Ly...
Views: 1
MEMORANDUM OPINION This opinion concerns a complaint for nondischargeability of a debt of $11,906.02 under § 523(a)(6). A trial was held on September 10, 1990 in which I found that the debtor acted willfully and maliciously, but I deferred ruling until today on whether there was an injury to “property of another” within the meaning of the statute. Facts 1. Plaintiff owned a forest. Plaint...
Views: 0
MEMORANDUM OPINION RE PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF THE PROCEDURAL SUMMARY In simple terms, I have before me the Debtors’ motion for a temporary restraining order (hereinafter “TRO”) and their motion for relief from prior orders granting First American Capital Bank (hereinafter “the Bank”) relief from the automatic stay in two related bankruptcy cases. Ba...
Views: 0
MEMORANDUM DECISION ACTION This decision adjudicates objections filed to the Chapter 7 Trustee’s notice of proposed action to sell real property free and clear of liens and encumbrances. The action pits two different bodies of federal law against each other: bankruptcy law and U.S. Department of Agriculture loan subsidies. After- analyzing relevant provisions of the Bankruptcy Code a...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came before the Court for hearing on Debtors’ Motion to Confirm Chapter 13 Plan and the Objections of the Standing Chapter 13 Trustee and General Motors Acceptance Corporation (“GMAC”). 1 The Court, having reviewed the file, having held a hearing and being advised in the premises, enters the following findings of fact, conclusions of law...
Views: 1
AMENDED OPINION RE SUMMARY JUDGMENT MOTION Plaintiff Mildred V. Williams (Debtor) filed a complaint under 11 U.S.C. § 549 to avoid a foreclosure sale on her house. The foreclosure sale occurred before her bankruptcy petition was filed, but was not recorded until after the filing. Under California’s pure “race notice” recording statute, the sale was thus unperfected when the notice of bank...
Views: 2
MEMORANDUM DECISION Presently before the court is the motion of debtor Esther Merino Dore (“debtor”) to avoid the judicial lien of Mission Federal Credit Union (“Mission Federal”) pursuant to 11 U.S.C. § 522(f)(1). At issue is the amount of the homestead exemption available to debtor. Debtor claims she is entitled to a $45,000 homestead exemption because she cares for her adult son, while Missi...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Trustee’s Motion to Disqualify Former Blinder Robinson Attorneys, Kalmon Glovin, Nathan Davidovich, John Winston, Thomas Orrell, and Greg Gerganoff (collectively the “Attorneys”) filed November 1, 1990. The Trustee seeks to disqualify the Attorneys from representing Intercontinental Enterprises, Inc. (“IEI”), a current...
Views: 0
MEMORANDUM AND ORDER Gates Community Chapel of Rochester, Inc., acting as Debtor-In-Possession, brought this adversary proceeding seeking to set aside two judgment liens and the transfer of its property pursuant to 11 U.S.C. § 547. Summary judgment was granted as to the judgment liens of Geraldine Dennies and Natalie Hopson. The Court reserved decision on the Debtor’s cause of action alleging t...
Views: 0
DECISION CONCERNING APPLICATION FOR AUTHORITY TO TERMINATE RETIREE BENEFIT PLANS AND ORDER SETTING HEARING Garfinckels, Inc. (“Garfinckels”), the debtor in this case, has filed an application seeking various relief concerning 11 U.S.C. § 1114. The application will be denied except that the court will appoint a committee of retirees under 11 U.S.C. § 1114(d). The application asserts that 1...
Views: 1
ORDER In this adversary proceeding, the following matters are pending: 1. The standing of the Chapter 12 Trustee to bring this action under §§ 544 and 548 of the Code; 2. Defendants’ Motion to Dismiss; and 3. Plaintiff Trustee’s Motion for Summary Judgment. 1. Trustee’s Standing. This adversary proceeding seeks to avoid certain alleged fraudulent transfers between Chapter 12 Debtors, family member...
Views: 0
MEMORANDUM DECISION AND ORDER Before the court are cross-motions for summary judgment and the Internal Revenue Service’s (IRS) alternative motion for dismissal of the complaint. The IRS levied First Centennial Title which was handling the escrow for a sale of Video Gaming, Inc. (VGI) property. The IRS agreed to release the levy on the condition that $36,657.99 be placed in an interest bearing...
Views: 0
SUMMARY ORDER The debtors have objected to the priority status of the claim of the Oregon Department of Revenue involving the debtors’ 1985 state income taxes. The claim arose as the result of an audit done by the United States Internal Revenue Service. The IRS shared the results of the audit with the Oregon Department of Revenue. The Oregon Department of Revenue then readjusted the debtors’ re...
Views: 0
ORDER ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN This matter comes before the court in connection with debtors’ proposed modified Chapter 13 plan, and with objections and motions to dismiss filed herein by the Internal Revenue Service (“IRS”) and by the Chapter 13 Trustee. 1 The IRS objection and motion are based primarily upon its objection to debtors’ proposed application of plan payme...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Debtor’s Motion to Remove D. Bowen Loef-fler as Trustee in this matter for failure to prosecute a preference. A Hearing was held at which time the parties were to brief the issues raised in the Debtor’s Motion. Prior to the due date for the briefs, the Trustee filed a Motion to Dismiss the Debt- or’s Motion to Remove D. Bowen Loe...
Views: 0
OPINION In In re Hammer, the Debtor is a retired fireman who filed a Chapter 7 proceeding in bankruptcy. His schedules show $33,-000.00 of unsecured debt. Approximately three-fourths of that amount is related to gambling losses. Most of the debt was incurred through the use of credit cards. The Debtor has retirement pay of $1,319.00 per month. After deducting his regular monthl...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiffs Complaint requesting that the Court determine that the Plaintiff has a valid security agreement covering rentals and income from certain mortgaged property which the Defendant has been holding as Trustee in Bankruptcy and that the Defendant be compelled to turn over said rentals and income. A pre-trial was held at whic...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Determine Dis-chargeability of Debt. 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 testimony, the documents which were admitted at Trial, and the arguments of counsel, as well...
Views: 1
MEMORANDUM OPINION There are two principle issues to be decided. 1. Whether or not Oklahoma Plaza Investors, Ltd. (“OPI” or the “Debtor”) has rejected its unexpired lease (“Lease”) with Wal-Mart Stores, Inc. (“Wal-Mart”) pursuant to Section 365 of the Bankruptcy Code or the provisions of the Debtor’s confirmed plan. 2. Whether or not under the uncontested facts, Wal-Mart has breached the Le...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Motion of Ohio Citizens Bank for Relief from Judgment and to Stay Enforcement of Judgment. At the Hearing, the Court allowed both counsel the opportunity to file Memoranda of law on the issues presented in this case. The Court has reviewed the evidence and arguments presented at the Hearing, and the written Me...
Views: 0
MEMORANDUM I. INTRODUCTION Technology for Energy (TEC) is the debt- or in a Chapter 11 bankruptcy case. Before its bankruptcy, TEC agreed to build a radiation monitoring system for a nuclear power plant that the plaintiffs, Bechtel and Public Service, were building in New Jersey. The parties made the contract in the form of two purchase orders; TEC was the seller; Bechtel and Public ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court on motions of plaintiff and defendant for summary final judgments, heard on October 18, 1990. Upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact 1. This proceeding is brought pursuant to § 542(b) of the Bankruptcy Code to require the ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW (DEBTOR’S OBJECTION TO CLAIM NUMBER 61). Upon debtor’s objection to Claim Number 61 filed by John A. Marqua and Mary Jane Marqua (claimants) in the amount of $43,-038.63, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact 1. The grounds for objection are (1) the debt is not owed and (2) the cl...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Cardinal Service Corporation of Richmond seeks determination that the judgment debt owed to it by the defendant, Lamar M. Jolly, is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(4). At trial, plaintiff presented as evidence pertinent portions of the certified record of a previous proceeding between the same parties in the Circui...
Views: 0
ORDER ON MOTION TO MODIFY STAY AND MOTION TO DETERMINE SECURED STATUS AND TO AVOID LIEN THIS IS a Chapter 13 case and the matter is presented for this Court’s consideration in a somewhat awkward and technically improper procedural posture. The ultimate question which is sought to be resolved is whether or not a claim filed in this case by Sears, Roebuck & Co. (Sears) in the amount of $1,6...
Views: 1
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND CONTINUING CONFIRMATION HEARING THIS is a yet-to-be confirmed Chapter 11 case. Royal Palm Square Associates (Debtor) so far has not been able to meet the requirements of § 1129 of the Bankruptcy Code because of its inability to obtain the necessary affirmative votes or, in the alternative, utilize § 1129(b), the cram-down provision of the Bankr...
Views: 0
ORDER ON OBJECTIONS TO CLAIM OF EXEMPTIONS THIS is a Chapter 7 liquidation case and the matter under consideration is an Objection to the Claim of Exemptions of Stella Ehnle (Debtor) interposed by Germaine B. Taylor and several other creditors. The objection is based on the contention of the creditors that some of the properties claimed by the Debtor as exempt on her Schedule B-4 cannot b...
Views: 1
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT THIS is a Chapter 11 case. The matter under consideration involves the estimation of a claim filed by the United States of America (Government) against Bicoastal Corporation, d/b/a Simuflite, f/k/a The Singer Company (Debtor). The claim, which is admittedly a contingent and unliq-uidated claim, thus subject to the estimation process provided for by § 5...
Views: 0
ORDER ON MOTION FOR RELIEF FROM CLAIMS BAR DATE THIS is a Chapter 11 case and the matter under consideration is the Motion for Relief from Claims Bar Date filed by the California Department of Health Services (CDHS) *604 seeking authority to file a claim in this case after the claims bar date passed. Alternatively, CDHS seeks a declaration from this Court that no claim of CDH...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT RE: OBJECTION TO CLAIM OF UNITED STATES OF AMERICA (DLA) THE MATTER under consideration in this Chapter 11 case is a seemingly simple controversy which is presented for the Court’s consideration by an Objection to the claim filed by the Defense Logistic Agency (DLA), an agency of the United States of America (Government). The claim under challenge was file...
Views: 0
MEMORANDUM OF OPINION AND ORDER I. The matters before the Court are Higher Education Assistance Foundation’s (HEAF) motion for summary judgment against Joseph J. and Terry A. Lucas (Debtors), and the Debtors’ motion to amend their admissions. HEAF’s motion for summary judgment is based upon the failure of the Debtors to timely respond to HEAF’s request for admissions. Upon review of the plead...
Views: 0
*95 ORDER This matter is before the Court upon the disbursing agent’s objection to tax claims of the Internal Revenue Service (IRS) and the IRS’s response thereto. The parties represented to the Court that no facts are in dispute and thus, the matter was submitted on the briefs of the parties. The debtor filed a reply brief in support of the IRS’s position. All facts have be...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is the dis-chargeability, vel non, of a debt admittedly due and owing by Rocky R. Cifalia (Debtor) to The Key Bank of Florida (Bank), the Plaintiff who instituted this adversary proceeding. The Complaint filed by the Bank sets forth two separate claims of non-dis...
Views: 1
ORDER This cause came to be heard on November 30, 1990, upon Debtor/Plaintiff’s Complaint requesting that the Internal Revenue Service (IRS) be held in contempt and/or that attorney’s fees, compensatory and punitive damages be assessed against the IRS for the IRS’ repeated violations of the auto *51 matic stay provisions of 11 U.S.C. Section 362. At trial, the uncontroverted evidence was th...
Views: 1
RULING RE: TRUSTEE’S COMPLAINT This matter is before the Court on the complaint of the Chapter 7 trustee (“Trustee”) which seeks to recover $73,500 that the debtor, Allan J. Halle, (“Halle”) paid to the Internal Revenue Service (“IRS”) shortly before Halle filed for Chapter 7 bankruptcy. The IRS has resisted this complaint. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2...
Views: 0
ORDER This matter came before the Court for hearing on the 21st day of November, 1990, on objection by the Debtor to the filed administrative expense claim of St. Louis Development Partners (Claimant), resulting from the post-assumption breach of an unexpired lease. Appearances are as noted on the record. The Court, having heard and received arguments of counsel, and now being fully advis...
Views: 0
MEMORANDUM AND ORDER RE: CREDITOR TRUSTEE’S MOTION UNDER SECTION 502(d) OF THE BANKRUPTCY CODE (I) THIS MATTER came before the Court on January 2,1991 on the motion of Paul C. Nordberg, the Creditor Trustee of the Estate of the Debtor, for an order under Section 502(d) of the Bankruptcy Code disallowing all of the claims in this bankruptcy case of Arab Banking Corporation (“ABC”), unless ...
Views: 2
MEMORANDUM AND ORDER RE: CREDITOR TRUSTEE’S MOTION UNDER SECTION 502(d) OF THE BANKRUPTCY CODE (II) THIS MATTER came before the Court on January 2,1991 on the motion of Paul C. Nordberg, the Creditor Trustee of the Estate of the Debtor, for an order under Section 502(d) of the Bankruptcy Code disallowing all of the claims in this bankruptcy case of Arab Banking Corporation (“ABC”), unless...
Views: 0
124 B.R. 378 (1991) In re PRIME MOTOR INNS, et al., Debtors. In re SERVICO, INC., et al., Debtors. Bankruptcy No. 90-16604-BKC-AJC. United States Bankruptcy Court, S.D. Florida, Miami Division. February 18, 1991. *379 John K. Olson, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Tampa, Fla., and Harold D. Moorefield, Jr., Stearns Weaver Miller Weissler Alhadeff & Sitterson, P....
Views: 0
ORDER GRANTING JOINT MOTION OF GENERAL DEVELOPMENT CORPORATION, SOUTHEAST BANK, N.A. AND THE FIRST NATIONAL BANK OF BOSTON FOR ORDER PURSUANT TO BANKRUPTCY RULE 9019(A) AUTHORIZING COMPROMISE AND SETTLEMENT OF CERTAIN CLAIMS BETWEEN GENERAL DEVELOPMENT CORPORATION, THE FIRST NATIONAL BANK OF BOSTON AND SOUTHEAST BANK; N.A. THIS CAUSE came on to be heard on August 30, 1990, upon the Joint ...
Views: 2
ORDER GRANTING MOTION FOR APPROVAL OF STIPULATION FOR RELEASE OF COLLATERAL THIS MATTER came before the Court on February 13, 1991, upon a Motion For Approval of Stipulation For Release of Collateral between Pembroke Development Corporation (the “debtor”) and North Ridge Bank, and the Court having reviewed the record, having listened to the argument of counsel, and being otherwise fully advised in...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 This cause came on for trial before the Court on the 1st, 2nd, 3rd and 16th days of November, 1990, and the 20th day of December, 1990 upon the Plaintiff’s Complaint which seeks this Court to declare that CAPITAL BANK received a voidable fraudulent conveyance from the debtor as the result of the repayment of a loan. At the conclusion of Pl...
Views: 4
MEMORANDUM The matters being considered here are several pretrial motions requesting dismissal and summary judgment. These and all other unresolved matters in these consolidated Adversary Proceedings will be resolved by this determination and Order. The Plaintiff has brought these actions to enforce payment from the statutory trust created pursuant to the Perishable Agricultural Commodities Act (...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the Motion for Summary Judgment, and the Statement of Facts Pursuant to District Court Rule 12(1) in Support of the Motion for Summary Judgment filed by E.F. Won-derlic and Associates (“Wonderlic”), the Rule 12(m) Response to Wonderlic’s Statement filed by Parma, Inc. and Pamjit Sood (“Parma” or the “Defendant”), and Par-ma’s Respon...
Views: 1
DECISION Hell hath no fury like a woman scorned. Plaintiff, Barbara Diane Martin, is the defendant/debtor’s former wife. They were divorced on July 31, 1989. The decree issued on that date required the debtor to pay her the sum of $9,214.88; hold her harmless from a debt in the approximate sum of $8,300.00, which was secured by a motor vehicle awarded to her; and pay $1,234.00 toward her ...
Views: 0
MEMORANDUM OPINION INVALIDATING ACCEPTANCE OF PRE-PACK-AGED PLAN * OF REORGANIZATION As a preliminary matter, the Court finds this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (L). The following represents the Court’s findings of fact and conclusions of law enunciated on the record during the Confirmation Hearing convened on December 14, 1990, and continued on ...
Views: 0
MEMORANDUM OPINION ON DEFENDANT’S MOTION TO DISMISS Donald E. Johnson (“Trustee”), Chapter 7 trustee in bankruptcy for the estate of Octagon Roofing (“Debtor”), filed this Adversary Complaint seeking in three alternate Counts to avoid a second mortgage lien and guaranty granted by Debtor to the Defendant NBD Park Ridge Bank (“Bank”). The Adversary Complaint also sought an order allowing s...
Views: 0
OPINION ON THE SCOPE OF 11 U.S.C. § 101(30) Max H. Rush (“Trustee”), trustee in this chapter 7 case, commenced this adversary proceeding by filing his “Complaint to Avoid Preferential Transfer(s)”. The only named defendant is William Riddle (“Riddle”). In the Complaint, Trustee seeks to avoid as preferential under 11 U.S.C. § 547 and apparently recover 1 a transfer of funds in ...
Views: 1
ORDER FOR JUDGMENT, ON REMAND This adversary proceeding is before the Court on remand, on order of the District Court (Rosenbaum, J.) pursuant to the mandate of the United States Court of Appeals for the Eighth Circuit. See In re Johnson, 880 F.2d 78 (8th Cir.1989). 1 *292 The issue remanded is limited, both factually and legally: Did Debtor act with an “i...
Views: 1
*467 MEMORANDUM OF DECISION The issues raised by this adversary proceeding involve the effect on perfection of a security interest in equipment, vis a vis the debtor-in-possession, of a UCC financing statement filed under a trade name of the debtor. The Debtor, Greenbelt Cooperative, Inc., has filed a complaint under 11 U.S.C. § 544(a) to avoid a lien of defendant Raymond Le...
Views: 0
DECISION ON ORDERS GRANTING AND DENYING MOTIONS TO DISMISS AND MOTIONS FOR A DEFINITE STATEMENT This proceeding involves determinations of the defendants’ motions to dismiss and other motions directed to the debtor-in-possession’s complaint seeking damages based on alleged causes of action in contract and tort and violations of the automatic stay. I. PARTIES The plaintiff, Hughe...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ORIX’S MOTION TO TRANSFER CASE TO ORLANDO DIVISION This case came before the Court for evi-dentiary hearing on November 29, 1990. The Court, having considered the evidence, makes the following Findings of Fact and Conclusions of Law: Findings of Fact 1. The debtor’s studios, from which all programming is transmitted, are located in the Palm Bay/Melbourn...
Views: 0
DECISION AND ORDER FOR RECOVERY OF EXPENSES OF DISPOSING OF PROPERTY BENEFITING THE HOLDER OF A SECURED CLAIM This contested matter is before the court upon the motion of Donna Cavender for the court to order the payment of reasonable rent, taxes and damages to the property which has occurred post-petition. The motion was contested by Opti-Gage, Inc., and Ameritrust Co., N.A., which will ...
Views: 0
DECISION ON MOTION FOR AN ORDER VACATING AUTOMATIC STAY Citibank, N.A. (“Citibank”), a senior lien creditor, seeks relief from the automatic stay pursuant to 11 U.S.C. § 362(d). The debtor owns and operates a marina in Port Chester, New York on the Byram River. The marina ran into financial difficulties as a result of the erection of a new building on its premises which, pursuant to a sta...
Views: 0
MEMORANDUM OPINION William C. Glenn and Mildred Glenn (“debtors”) have objected in part to a proof of claim submitted by Fidelity & Deposit Company of Maryland (“F & D”) in the amount of $191,656.41. Although debtors do not object to the principal amount of the claim, they do object to the interest on the principal, which approximates $22,706.41. Debtors contend that the interest is not allowable...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the complaint of Philip David Knapp seeking contribution from Thomas N. Apple-white for penalties assessed against plaintiff pursuant to 26 U.S.C. § 6672. A trial was held on December 20, 1990, and upon the evidence presented, the Court makes the following Findings of Fact and Conclu-sjons 0f Law: FINDINGS OF FAC...
Views: 0
MEMORANDUM DECISION CAME ON for consideration the Trustee’s Objection to Debtor’s Claim of Exemptions and Amended Claim of Exemptions, GNA Life Insurance Companies Joinder Objection to Debtor’s Claim of Exemptions and The Bank of San Antonio’s Joinder Objection and Supplemental Objection to Debtor’s Claim of Exemptions and Amended Claim of Exemptions. Also heard was Debtor’s Motion to Avo...
Views: 2
ORDER DISMISSING MOTION FOR LACK OF BANKRUPTCY COURT JURISDICTION CAME ON for consideration the Motion of the UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF TRANSPORTATION WHICH INCLUDES THE UNITED STATES COAST GUARD, TO REOPEN CASE. The United States seeks to reopen a closed bankruptcy case in order to file a motion to lift the automatic stay of the Bankruptcy Code. See 11 U.S.C. § 362(a)....
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEFENDANT’S MOTION TO DISMISS This adversary proceeding was heard on November 28, 1990, upon the defendant’s motion to dismiss. On the evidence and law presented, the Court makes the following findings of fact and conclusions of law: Findings of Fact 1. On January 8, 1990, the defendant filed a petition under Chapter 11 of the Bankruptcy Code to ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon complaint filed by Charles W. Grant, trustee for the estate of James R. Simmons, debtor, seeking to recover $7,799.02, overpaid by debtor to defendant, United States of America and its Internal Revenue Service. A trial was held on June 5, 1990, and October 23, 1990. Upon the evidence presented, the Court ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding seeking to determine the dischargeability of a debt came before the Court for a trial on January 16, 1991, and upon the evidence presented, the Court enters the following findings of fact and conclusions of law: Findings of Fact 1. From 1985 until the petition date (January 18, 1990), defendant, Jim M. James, owned and oper...
Views: 0
DECISION ON DEFENDANT’S MOTION FOR DISMISSAL AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT FACTS On December 7, 1987 (the “Filing Date”), Brooks and several of its affiliates (collectively, “Brooks” or “Debtor”) filed voluntary petitions under chapter 11 of the Bankruptcy Code (the “Code”). The Debtors included Alberts, Inc., which owned stores doing business in Michigan. 1 ...
Views: 3
MEMORANDUM DECISION AND ORDER CAME ON for consideration the FIRST APPLICATION FOR ALLOWANCE OF FEES AND EXPENSES OF FOSTER, LEWIS, LANGLEY, GARDNER & BA-NACK, INCORPORATED FOR THE PERIOD JANUARY 23,1990 THROUGH AUGUST 10, 1990. Upon consideration of the evidence presented, the arguments of counsel and the pleadings in the matter, the court enters this its decision and order. JURISDIC...
Views: 0
MEMORANDUM OF DECISION CAME ON for hearing the Objection of the Chapter 7 Trustee to the debtor’s claim of exemption in the proceeds of an insurance claim resulting from an uninsured/underinsured motorists claim. Upon consideration thereof, the court overrules the objection. This memorandum explains why. This bankruptcy was filed on June 4, 1990. The debtors elected state exemptions ...
Views: 0
MEMORANDUM OPINION Before the Court is a Complaint filed by The Committee Of Unsecured Creditors (“Committee”) of Pittsburgh Cut Flower Company, Inc. to recover preferential and/or fraudulent transfers and to subordinate claim of Byron H. Hoopes (“defendant”). The Committee alleges that Pittsburgh Cut Flower Company, Inc. (“debt- or”) purchased defendant’s partnership interest for $100,00...
Views: 3
DECISION AND ORDER CAME ON for hearing the Rule 12(b)(6) motion of the Federal Deposit Insurance Corporation, in its corporate capacity liquidating Charles Schreiner Bank, N.A. to dismiss the complaint for failure to state a claim upon which relief can be granted. Subsequent to the hearing, the parties submitted briefs. Upon consideration thereof, the court makes the following findings an...
Views: 1
FINDINGS OF FACT AND CONCLUSION OF LAW THIS CAUSE having come before the Court upon the complaint of Pembroke Development Corporation (the “debtor”) against Commonwealth Federal Savings & Loan Association (the “creditor”) to avoid a Loan Modification Agreement as a preference or alternatively as a fraudulent conveyance, and the Court having heard the testimony, examined the evidence prese...
Views: 3
ORDER ON MOTION FOR DETERMINATION OF PROPERTY TAX LIABILITY CAME ON for hearing the motion of Bettina M. Whyte, Chapter 11 Trustee for Determination of Property Tax Liability. Upon consideration thereof, the court finds and concludes as follows: JURISDICTION This Court has jurisdiction to hear and determine the Motion as a core proceeding pursuant to 28 U.S.C. §§ 1334(a), 157(b)...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the complaint of Mercury Finance Company of Georgia, seeking to except from discharge a debt of $1886.74, pursuant to 11 U.S.C. § 523(a)(6). A trial was held on January 15, 1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT Plaintiff a...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. TSG, TMG and TSG80 were three New York limited partnerships (sometimes referred to herein as the “Limited Partnerships”) that were formed by Charles Agee Atkins. These Limited Partnerships were the , general partners of The Securities Groups (“Groups”), a New York general partnership. 2. Groups began its operations as a joint operating accou...
Views: 0
*588 ORDER GRANTING “MOTION FOR RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY” OF RIVERWEST FEDERAL CREDIT UNION On December 11,1990, there came on for hearing Riverwest Federal Credit Union’s “Motion for Relief From Automatic Stay and Abandonment of Property” and the Trustee’s “Objection ...” thereto, together with a related matter, namely the Trustee’s “Objection to Exemption.” On ...
Views: 0
ORDER GRANTING TRUSTEE’S “OBJECTION TO EXEMPTION” On December 11, 1990, there came on for hearing the Trustee’s “Objection to Exemption.” At said hearing, evidence was introduced and received, and arguments of counsel heard; thereafter, the matter was taken under advisement. Upon consideration thereof, and of the record herein, the Court, pursuant to Bankruptcy Rules 7052 and 9014, finds, conclude...
Views: 1
DECISION ON ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING MOTION FOR SUMMARY JUDGMENT IN PART Before the court is a motion for summary judgment filed by the plaintiffs, Alan Rodeck and Dione Rodeck. The court has jurisdiction to render a decision with respect to part of this proceeding pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in...
Views: 1
MEMORANDUM OF DECISION This matter came before the court for hearing on February 13, 1991, on debtors’ motion for turnover of exempt property. The following facts are undisputed. BACKGROUND On June 30,1989, the debtors, Bruce and Kimberly Kingsbury, filed a joint Chapter 7 petition in bankruptcy. As required by Bankruptcy Rule 4003(a) 1 and 11 U.S.C. § 522(Z), 2...
Views: 3
MEMORANDUM OF DECISION Before the court is the trustee’s complaint seeking a turnover of estate property pursuant to 11 U.S.C. § 542(a). Joined in his efforts by Fleet Bank,1 the trustee seeks to compel George Lussier Enterprises, Inc., d/b/a Corvette City (“Lussier” or “Corvette City”) to turn over a 1985 Chevrolet Corvette2 presently stored at Corvette City’s facility.in Manchester, New Hampshi...
Views: 0
MEMORANDUM DECISION This is a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This court has jurisdiction to hear this matter by virtue of 28 U.S.C. § 1334 and § 157(b)(1) and General Order 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). FACTS Geor...
Views: 0
OPINION A. INTRODUCTION The issue presented by this proceeding is the disposition of an escrow deposit made by a Debtor-buyer of real estate under an agreement of sale and an escrow agreement allowing delivery of the fund only upon agreement by the parties or court authorization in light of (1) the Debtor’s pre-petition default of the agreement; and (2) his post-petition consent to the release of...
Views: 1
ORDER DENYING MOTION TO RESTRICT USE OF CASH COLLATERAL THIS CAUSE came before the Court on February 20, 1990, upon the motion of James Lavin (the “creditor”) to restrict the debtor’s use of cash collateral, and the Court having heard the arguments of counsel, having reviewed the memoranda of law submitted by the parties, and being otherwise fully advised in the premises, hereby makes the...
Views: 3
MEMORANDUM OF DECISION The Debtor, Lion Country Safari, Inc., a third-party defendant and cross-claimant in this adversary proceeding, moved for a trial by jury following removal of this proceeding from state court. I will deny that motion for the reasons stated below. FACTUAL SUMMARY The Splash, a subtenant of the Debtor, sued The Irvine Company (TIC) [the Debt- or’s lessor], a...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the motion of .Prescott, Ball and Turben, Inc. (“Prescott”) to dismiss the Amended Complaint for Avoidance and Recovery of Voidable Transfers (“Amended Complaint”) of Daniel Murray, Trustee for the Chicago, Missouri and Western Railway Company (“CM & W”). In the Amended Complaint, the Trustee in six counts seeks to avoid and recover...
Views: 0
MEMORANDUM OPINION Debtors filed under Chapter 11 on February 16, 1990. Their disclosure statement was approved December 11, 1990. In the proposed plan of reorganization (the “Plan”), debtor enjoins the potential class of nondischargeable claims from executing on judgments until a default occurs, plus three months to cure. Jokay Company (“Jokay”), the holder of a potential nondis-chargeab...
Views: 3
MEMORANDUM OPINION Debtor filed a Chapter 7 petition for relief on July 26, 1990 and in this adversary proceeding sought to have his student loans discharged on the grounds that they became due more than five years before the date of the filing of the petition. The earliest date of repayment on any of the notes is February 1, 1983, so that facially debtor’s assertions seem valid. However,...
Views: 1
MEMORANDUM OPINION This matter came before the Court on December 4, 1990, to consider confirmation of the debtors’ second amended plan dated September 25, 1990. Two issues were raised by CIT Group/Equipment Financing, Inc. (CIT), and the Court continued the confirmation hearing pending the resolution of these issues. The Court must decide: 1) whether an amended proof of claim filed after the bar d...
Views: 0
DECISION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT Plaintiff, James A. Hennenhoefer, has commenced an adversary proceeding in this Chapter 7 case for a determination that a state court order awarding him fees as the representative of the debtor’s minor son in a custody proceeding in California involving the debtor and his ex-wife, is nondis-chargeable under 11 U.S.C. § 523(a)(5)(B). Th...
Views: 3
ORDER DENYING DEBTOR’S MOTION FOR AUTHORITY TO PAY ADDITIONAL, POST-PETITION RETAINER T0 CHAPTER 11 COUNSEL This Chapter 11 case came on before the Court on December 10, 1990, for hearing on Debtor’s motion for authority to perform in accordance with a pre-petition agreement with its Chapter 11 counsel, under which Debtor would make periodic post-petition retainer payments to counsel. Fay...
Views: 1
DECISION ON MOTION FOR ORDER DISALLOWING CLAIM OF NEW YORK STATE COMPTROLLER Thomson McKinnon Securities Inc. (“TMSI”), debtor and debtor in possession in one of the above-captioned cases, has moved pursuant to Section 502(a) of the Bankruptcy Code (“the Bankruptcy Code”) and Bankruptcy Rules 3007, 9014 and 7012, for an order disallowing, in its entirety, the claim of the Office of the Ne...
Views: 3
OPINION The Debtor invested as a limited partner in a tax shelter with Philatelic Leasing, Ltd., a limited partnership (“PHILATELIC”). After he filed his personal income tax returns for the years 1979 through 1984, the Internal Revenue Service (“IRS”) audited PHILATELIC which resulted in a Tax Court decision in U.S. v. Philatelic Leasing, Ltd,., 794 F.2d 781, 86-2 USTC, para. 9509 (2d Cir.198...
Views: 0
DECISION ON MOTION FOR SANCTIONS FOR VIOLATION OF THE AUTOMATIC STAY AND ON COMPLAINT FOR A DETERMINATION OF THE DISCHARGEABILITY OF A DEBT PURSUANT TO 11 U.S.C. 523(a)(5)(B) The debtor, Ira Altchek, filed an Order to Show Cause with this court on or about February 5, 1991 seeking sanctions for the actions of his former spouse, Iris B. DiGen-naro, which he alleges violate the automatic st...
Views: 1
ORDER RE: DEBTOR’S APPLICATION FOR APPROVAL OF EMPLOYMENT OF CHAPTER 11 COUNSEL This Chapter 11 case came on before the Court on February 5, 1991, for hearing on Debtor’s application for approval of its employment of counsel. William I. Kampf appeared on the application. The U.S. Trustee appeared by his attorney, Andrew J. Schmid. Upon the application and its supporting documents, the U.S...
Views: 1
AMENDED DECISION AND ORDER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Heard on November 17, 1990 on the motion of the secured creditor, Rhode Island Hospital Trust National Bank (RIHT), for reconsideration of our Order dated May 4, 1990, denying RIHT’s motion for relief from the automatic stay, 11 U.S.C. § 362(d). We allowed the motion for reconsideration, and after hearing, in a bench decision, li...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the March 15 and 16, 1990 hearing on the Trustee’s Amended Complaint to Avoid Preference Action. The plaintiff/trustee, Henry W. Green, appeared pro se. The defendants, John H. Glassley and Ruby Mae Glassley, appeared by and through their attorney, Keith C. Sevedge, of Horner & Duckers. The defendant, John H. Glassley,...
Views: 1
MEMORANDUM OF DECISION SUMMARY On June 9, 1982, eighty-four days before Comark was drawn into this Chapter 7 bankruptcy case involuntarily, it wired defendant Farmer Brothers Company (FBC) the sum of $4,963,351.25. The bankruptcy trustee (the Trustee) charges that the payment was a preferential repayment of debt. 1 FBC contends it was a payment from its stockbroker, Comark...
Views: 0
*649 OPINION A. INTRODUCTION The instant proceeding, involving an issue of the relative priorities of (a) a mortgage securing future advances and (b) a mortgage intervening prior to the advances, presents a question addressed but not definitively resolved under controlling Pennsylvania law. Believing that Pennsylvania no longer clings to a minority position that the recordin...
Views: 0
OPINION These adversary proceedings present a common issue of whether federal tax liens securing nondischargeable tax debts may be avoided by Chapter 7 debtors pursuant to 11 U.S.C. § 506(d). In each instance, the debtors own real property against which federal tax liens have been filed, and the property is encumbered by a first mortgage which exceeds the value of the property alleged by ...
Views: 1
DECISION AND ORDER Heard on September 27, 1990, on the complaint of Bencharge Credit Service to exempt from discharge a debt of the Chapter 7 Debtor, Michael D. Lipke, for the purchase of various building materials.1 After consideration of applicable case and statutory law, it is our conclusion that the debt of $4,923.77 to Bencharge Credit Service, as the Debtor has correctly listed it on his A-3...
Views: 0
ORDER I. INTRODUCTION This is an action to determine whether a debt is non-dischargeable. Debtor Tracy Price is an insurance agent. Debtor Jill Price, his wife, at various times assisted in his insurance business. Through a relative, the Prices met Plaintiff Ted Smith. Smith, who is now 79 years old, is retired after having worked various jobs as a laborer. He has a fourth grade education, an...
Views: 1
ORDER In this Chapter 7 case, United Food and Commercial Workers Union (Union), an unsecured creditor, has filed timely objections to claims of exemption sought by the Debtor. 1 The matter has been submitted on stipulated facts and Briefs by the parties have been filed in support of their respective positions. The stipulated facts are: 1. That the Debtor, Thomas Lee S...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the July 25 & 26, and November 30, 1989 hearing on Plaintiff/Debtor Chemold Systems, Inc.’s Complaint to Avoid Pre-petition Transfer. The plaintiff/debtor, Chemold Systems, Inc. (hereinafter “Chemold”) appeared by and through its attorney, David H. Neighbor. The code-fendant, Edward Powers, Jr. (hereinafter “Powers”) a...
Views: 4
ORDER DENYING TRUSTEE’S OBJECTIONS TO EXEMPTIONS The matter before the Court is the Chapter 7 Trustee’s objections to the exemptions of debtors Richard and Virginia Smith. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2). For the reasons stated below, the Court denies the objections. Debtors file...
Views: 0
DECISION AND ORDER This matter is before the Court on the motion of Old Stone Bank (Old Stone) to dismiss Adversary Proceeding No. 90-1145 brought by Carlo A. Cioffi and Barbara A. Cioffi, principals of the debtor corporation, C.A.C. Jewelry, Inc. (CAC), wherein the plaintiffs demand a jury trial and seek damages from Old Stone Bank in the amount of $40,000,000. Also pending are several m...
Views: 3
MEMORANDUM OPINION The Debtor in this chapter 13 case objected to the secured claim of Ford Motor Credit Company. The parties agree that the amount of the secured claim that should be allowed is $6,500. The disputed issue raised by the objection is the appropriate discount rate that should be applied to determine the present value of the payments to be made under the Debtor’s plan on Ford...
Views: 2
MEMORANDUM OPINION Before the Court is a rule to show cause why debtor’s bankruptcy petition should not be dismissed for flagrant abuse of the Bankruptcy Code. After notice and hearing the court determines that the rule has not been answered and that debtor’s bankruptcy petition must be dismissed for the reasons set forth below. I FACTS On September 28, 1990, debtor filed a...
Views: 3
DECISION ON MOTION FOR A PRELIMINARY INJUNCTION Helene Kaufman, the debtor in possession in the above captioned Chapter 11 case, seeks a preliminary injunction pursuant to Fed.R.Civ.P. 65, as adopted by Bankruptcy Rule 7065, enjoining Steven Squiti-eri, as obligor under an installment note from making any payments to the debtor’s two children as assignees of the note until *22this court determine...
Views: 0
MEMORANDUM The Official Committee of Unsecured Creditors (“the Committee”) and the United States Trustee (“the UST”) have filed Objections to an Application of John T. Hall (“Hall”) and U.S. Real Estate Advisors, Inc. (“USREA") (collectively Hall and US-REA are referred to as “the Applicants”), filed on November 21, 1990, in which the Applicants seek an Order granting them $85,000 pu...
Views: 1
MEMORANDUM OPINION Before the Court is an Objection To The Claim Of Biggs, Inc. filed by Glosser Bros., Inc. (“debtor”) in the amount of $300,000.00. Debtor denies that it is indebted to Biggs in any amount and asks that the claim be disallowed in its entirety. For the reasons set forth below, debtor’s objection to the Biggs’ claim will be sustained. I FACTS Debtor owns several retail a...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO CHANGE VENUE This proceeding is before the Court on motion of D & M Nameplate, Inc., defendant, to transfer venue of this proceeding to the United States District Court for the Central District of California. Defendant filed motions to dismiss, to strike, for judgment on the pleadings, and to change venue. At the pretrial hearing h...
Views: 1
*819 MEMORANDUM DECISION Plaintiff, Southwest Bank (“Southwest”) filed this adversary proceeding against the debtors/defendants Kevin T. Parsons and Hillary Greenwood Parsons (“the Parsons”) to determine the dischargeability of Southwest’s loan to the Parsons under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(2)(B). At issue is whether a claim is extinguished for purposes of maintaining an action ...
Views: 0
ORDER RE: OBJECTION TO EXEMPTIONS The matter before the Court is an objection to exemption filed by the debtor’s ex-wife, Susan Knoll. Mrs. Knoll objects to the debtor’s claim of homestead exemption on the grounds that the homestead is not exempt from a judgment lien granted to her in a dissolution of marriage decree entered by the Iowa District Court. The objection to exemption is sustained. Fact...
Views: 0
BANKRUPTCY COURT’S DECISION ON MOTIONS FOR REMAND AND FOR ABSTENTION This state court civil action, removed to this court, came on for consideration of motions for remand and for abstention filed by the defendants, D.K. Patterson Construction Co., Inc., and Tampa Oil Equipment, Inc. 1 Pursuant to this court’s order of initial procedures upon removal, the parties have briefed th...
Views: 1
124 B.R. 984 (1990) In re SUBURBAN MOTOR FREIGHT, INC., Debtor. Stephen K. YODER, Trustee, Plaintiff, v. T.E.L. LEASING, INC., et al., Defendants. Bankruptcy No. 2-87-00822, Adv. No. 2-87-0276. United States Bankruptcy Court, S.D. Ohio, E.D. December 20, 1990. Amended Judgment Entry January 17, 1991. *985 *986 *987 Quintin F. Lindsmith, Bricker & Eckler, Columbus, Ohio, for Stephen K. Yoder, ...
Views: 2
OPINION AND ORDER ON MOTION FOR SANCTIONS UNDER LOCAL BANKRUPTCY RULE 3.11 R. GUY COLE, Jr., Bankruptcy Judge. I. Introduction This matter is before the Court upon the motion of ITT Financial Services for sanctions under Local Bankruptcy Rule 8.11. An evidentiary hearing was held on November 19, 1990. The matter was reheard on January 7, 1991, at the request of the debtor and upon order o...
Views: 0
ORDER ON MOTION TO VACATE I. Preliminary Matters This matter is before the Court on the debtors’ motion to vacate an order entered by default on December 7, 1990. The motion has been opposed by the Chapter 7 trustee. An evidentiary hearing was held on February 11, 1991, following which the matter was deemed submitted for decision. The Court has jurisdiction over this case pursuant to 28 U.S.C. § ...
Views: 0
MEMORANDUM DECISION BACKGROUND FACTS Plaintiff West Aire, Inc. is indebted to the Internal Revenue Service (“IRS”) for unpaid employment taxes. In an effort to collect the unpaid taxes, the IRS served a notice of levy on Pioneer Citizens Bank of Nevada (“PCB”). The property levied *872 against consists of two bank accounts plaintiff has with PCB, the first in the amount of $4,035.61 and the...
Views: 0
MEMORANDUM OPINION Several motions by the trustee are before the court at this time. The trustee has brought a motion, at 90-0824M, for sanctions pursuant to Bankruptcy Rule 9011 against Allen Brunwas-ser, counsel for debtors in the above-captioned bankruptcy cases. The trustee alleges that a motion to recuse this member of the court and a motion to remove the trustee and counsel to ...
Views: 0
OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This matter is before the Court on a complaint to determine the dischargeability of a debt owed by the defendant, Charles John Myers, III, to the plaintiff, John Deere Company. The matter was tried to the Court on January 24, 1991. The Court has jurisdiction to hear this adversary proceeding pursuant to 28 U.S.C. § ...
Views: 2
DECISION The Chapter 13 trustee moves this Court for an order pursuant to 11 U.S.C. §§ 1307(c) and 109(e) dismissing, or converting this case to one under Chapter 7 of the Bankruptcy Code on the grounds the Debtors’ unsecured debts exceed $100,000. For the reasons set forth below, the trustee’s motion is granted. The case is dismissed unless the Debtors timely convert it to a Chapter 7 or...
Views: 1
MEMORANDUM GRANTING MOTION FOR SUMMARY JUDGMENT AND DETERMINING TAX LIABILITY This matter comes before the Court on the debtors’ motion for determination of tax liability and on the United States’ motion for summary judgment. Paul and Janet Carter (“Debtors”) are represented by Jan Hamilton. The United States (“U.S.”) is represented by Charles S. Kennedy, III, Tax Division, U.S. Departmen...
Views: 0
DECISION ON DEBTORS’ MOTION PERTAINING TO SECTION 1110 OF THE BANKRUPTCY CODE THE MOTION Pan Am Corporation et al. (the “Debtors”) have filed a motion seeking a determination as to the reach of section 1110 of the Bankruptcy Code (the “Code”). Specifically, they seek a Court Order: (a) declaring that the Debtors’ non-acquisition sale leaseback transactions (the “Sale-...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the Complaint to Determine Dischargeability of Debt, filed by the Plaintiff, Signet Bank Card Center (Signet). Attorney Herbert I. Greene represents Signet. Attorney Keith S. Morse represents the Defendant-Debtor, Gary E. Brawner (Debtor). This Memorandum Opinion represents statements of fact and conclusions of law, pursuant to...
Views: 2
*765 ORDER ON APPLICATION TO AWARD ATTORNEY FEES BACKGROUND This adversary proceeding was filed by plaintiff, ITT Consumer Financial Corp. (“ITT”) on May 10,1990, seeking a determination under 11 U.S.C. § 523(a)(2)(B) 1 that a certain debt owed to ITT by debtors should be excepted from their discharge. 2 Debtors filed their answer in which, inter ...
Views: 0
MEMORANDUM OPINION ON DEFENDANTS’ MOTION FOR DISCRETIONARY ABSTENTION Plaintiff Indiana Lumbermens Mutual Insurance Company (“Lumbermens”) filed this Adversary Complaint seeking declaratory judgment, interpleader, and injunctive relief with regard to its obligations on rustproofing warranties issued to persons in Wisconsin by the debtor, Rusty Jones, Inc. (“Debtor”). Defendants Donald J. ...
Views: 2
DECISION ON MOTION OF DEBTORS-IN-POSSESSION RE PRE-PETITION TOOLING In these jointly administered Chapter 11 cases, debtors have filed a motion for an *1022 order authorizing the payment of pre-petition obligations to toolmakers who have provided tooling to various divisions of debtors. An objection to the motion was filed by the Injury Claimants’ Committee (“Committee”). The...
Views: 2
DECISION ON ORDER TO SHOW CAUSE FOR APPOINTMENT OF TRUSTEE ABL Corp. (“ABL”), the above-captioned debtor’s largest creditor, with claims in excess of $27 million, has moved pursuant to 11 U.S.C. § 1104(a) for an order directing the appointment of a Chapter 11 trustee. ABL charges that the management of the Chapter 11 debtor, U.S. Communications of Westchester, Inc., have been and are inco...
Views: 0
DECISION ON SECOND MOTION FOR SUMMARY JUDGMENT On January 20, 1991 plaintiff and Chapter 11 debtor, J.T. Moran Financial Corp. and its affiliate corporation, J.T. Moran & Co., Inc. filed a second motion for summary judgment against the defendant Phonetel Technologies, Inc. (“Phonetel”), a corporation having its principal place of business in Cleveland, Ohio. The motion again seeks relief ...
Views: 1
MEMORANDUM OF DECISION After a lengthy evidentiary hearing, the Court took under advisement the Debtors’ Objection to the claim in this case of the Creditor, Farm Credit Bank of Spokane (hereinafter “FCB”), together with issues concerning confirmation of Debtors’ proposed modified plan of reorganization filed January 29, 1991 (the “plan”). After due consideration of the testimony and evidence s...
Views: 2
MEMORANDUM OPINION AND ORDER This matter comes on for trial before the Court on March 7 and 8, 1990 pursuant to the Plaintiffs Complaint Objecting to Discharge under 11 USC § 727(a)(2)(A), or in the alternative seeking determination of dischargeability of debt under 11 USC § 523(a)(6). The plaintiff, Bartlett Futures, Inc., appeared through its counsel, John Aisenbrey and Cynthia F. Grime...
Views: 1
OPINION A. INTRODUCTION At issue in this voluntary Chapter 11 bankruptcy case involving a Debtor-tavern is the crucial question of whether the Debt- or’s landlord either waived or is estopped from asserting that the Debtor’s failure to move to assume or reject its lease within 60 days of its bankruptcy filing, pursuant to 11 U.S.C. § 365(d)(4), is grounds for deeming the lease reject...
Views: 1
MEMORANDUM OF OPINION AND ORDER I. In this matter the Plaintiff, Richard A. Baumgart (Trustee), and the Defendant, Huntington National Bank (HNB), have filed cross motions for summary judgment regarding the complaint allegations set forth in Count I of the above-styled adversary proceeding. In pursuance of this effort, the parties have entered into the following stipulations of fact: It is stipul...
Views: 0
MEMORANDUM OPINION This Court once again faces the thorny question of which trusts qualify as a “business trust” under the Bankruptcy Code when Congress provided no definition. In In re Gonic Realty Trust, 50 B.R. 710 (Bankr.D.N.H.1985), I established that the trust at a minimum must be doing business to qualify. Then, in In re Woods-ville Realty Trust, 120 B.R. 2 (B...
Views: 1
FINDINGS OF FACT This matter was presented to the Court upon the request of Freeman, Freeman & Salzman, P.C. (“FF & S”) styled “Motion to Reform Ballot Accepting Reorganization Plan and Revoke Election to Treat Class 3 Unsecured Claim As A Class 2 Administrative Claim”. Counsel for FF & S, Counsel for the Debtor, and Counsel for the Official Unsecured Creditors’ Committee appeared at the hearing ...
Views: 1
125 B.R. 8 (1991) In re TOWNSIDE PARTNERS, LTD., Debtor. Bankruptcy No. 7-90-00636. United States Bankruptcy Court, W.D. Virginia, Roanoke Division. January 17, 1991. *9 William B. Hopkins, Jr., Roanoke, Va., for Townside Partners, Ltd. M. Christian Orndorff, Roanoke, Va., for Taubenfeld and Zuckerbrod. MEMORANDUM OPINION ROSS W. KRUMM, Bankruptcy Judge. The issue before the court is whether pos...
Views: 0
MEMORANDUM OPINION The trustee brought these cases on for confirmation, and in both cases the mortgagee of the debtor’s residence 1 objected. The objection is to the proposed bifurcation of the mortgagee’s security interest into secured and unsecured portions based on the value of the underlying collateral 2 using sections 1322(b)(2) and section 506(a). I heard oral arguments of this issue ...
Views: 3
OPINION Bank of New England-West, N.A. (the “Bank”) mistakenly recorded a discharge of its mortgage from Daylight Dairy Products, Inc. (the “Debtor”) covering property at 700-702 Summer Avenue, Springfield, Massachusetts. The trustee in bankruptcy, Joseph B. Collins (the “Trustee”), seeks to take the property free of the mortgage on the strength of his status as a judicial lien creditor and bon...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON MOTIONS FOR RELIEF FROM STAY AND TO DISMISS CASE I. The principal question presented in this proceeding is whether a chapter 13 plan providing for full payment of a matured home-mortgage debt reduced pre-petition to a judgment in state court is nonconfirmable because such plan allegedly would violate Bankruptcy Code § 1322(b)(2) which denies to a chapter 13...
Views: 2
OPINION Howard A. Fafard and his various business entities are developers and owners of commercial, industrial, and residential properties located throughout central and eastern Massachusetts. First National Bank of Boston (the “Bank”) moves under 11 U.S.C. § 362 for termination of the automatic stay in order to foreclose mortgages covering properties in Salem, Reading, Medford, Bellingha...
Views: 1
MEMORANDUM OPINION ON MOTION TO ALLOW LATE FILED AMENDED PROOF OF CLAIM On December 13, 1990, the Court heard the Debtor’s Objection to Amended Proof of Claim of the Internal Revenue Service (“Debtor’s Objection”) filed October 4, 1990, and the United States of America’s (Internal Revenue Service) Motion to Allow Late Filed Amended Proof of Claim (“IRS Motion”) filed October 4, 1990, as w...
Views: 0
DECISION In this chapter 11 case, Kenneth J. Wald-vogel and Debra Waldvogel d/b/a Ken Waldvogel Transport (“debtor in possession”) object to the secured claims of Snap-On Tools Corporation (“Snap-On Tools”) and ITT Financial Services Inc. (“ITT”). 1 Snap-On Tools and ITT both acknowledge that their security interests are unperfect-ed. The sole question is whether a chapter...
Views: 1
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF PLAN AND ORDER DISMISSING CASE This matter comes on for hearing this 15th day of March, 1991, the Debtor David Wayne Dotson appearing in person and through his attorney Ty Stites and the Debtor Carla Jo Dotson appearing not, and the Creditor American Express Travel Related Services, Inc. (“American Express”) appearing through its attorn...
Views: 3
ORDER DENYING CONFIRMATION OF CHAPTER 12 PLAN THIS MATTER came before the court on March 8, 1991 for confirmation of the Chapter 12 farm plan filed by the debtors in this case. In conjunction with the hearing on confirmation, we also considered motions for valuation of property of the estate. The Farm Credit Bank of Columbia (FCB), the holder of a claim in the amount of approximately $947,000 a...
Views: 0
DECISION ON DEBTOR’S OBJECTION TO ADMINISTRATION EXPENSE PROOF OF CLAIM BY UNDERSE-CURED POST-PETITION LENDER This is a motion filed by the Chapter 7 debtor, Thaddeus J. Sobiech, Sr. (“debtor”), on November 28, 1990 pursuant to Bankruptcy Rule 3007 (“B.R.”) objecting to the amended proof of claim filed by Peter E. Mulligan (“Mulligan”) on August 9, 1988 and designated as Claim Number 96 o...
Views: 1
ORDER ON DEBTOR’S MOTION TO VACATE This matter came on for hearing January 3, 1991 on Debtor’s motion to vacate the order, entered on November 5, 1990, extending by 70 days the time for the trustee to object to the debtor’s claim of exemptions. Having considered the arguments of counsel, and for the reasons set forth below, debtor’s motion is denied. The debtors filed their petition for prote...
Views: 1
ORDER ON CREDITOR’S MOTION TO DISMISS This matter is before the Court on Resolution Trust Corporation’s (“RTC”) motion to dismiss and motion for relief from the automatic stay. RTC, the successor in interest to First Atlantic Federal Savings & Loan, alleges the petition for relief under Chapter 11 of the Bankruptcy Code was filed in bad faith with the intent to hinder or delay the legitim...
Views: 2
125 B.R. 28 (1991) In re Bradley K. SILVA and Marianne H. Silva, Debtors. JAMES R. BARNARD, D.D.S., INC., Plaintiff, v. Bradley K. SILVA, Defendant. Bankruptcy No. SA 88-02328 JR, Adv. No. SA 90-0563 JR. United States Bankruptcy Court, C.D. California. February 28, 1991. *29 Herbert Niermann, Irvine, Cal., for defendant. James D. Crosby of Muns, Mehalick & Lynn, San Diego, Cal., for plaintiff...
Views: 2
MEMORANDUM DECISION AND ORDER PRELIMINARY STATEMENT This matter comes before the Court on a Motion for Summary Judgment filed by *276 Defendant William F. Callejo (“Callejo”) on March 5, 1990. A Response was filed on April 5, 1990 by the Trustee in Bankruptcy of Lynn B. Janis and Marilyn J. Janis, the Debtors. On April 23, 1990,' Callejo filed a Reply. Oral argument...
Views: 2
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Debtor’s Motion for Summary Judgment filed pursuant to B.R. 7056 on January 11, 1991 (“Motion”). 1 Debtor’s Motion seeks a determination and entry of judgment that Defendant The Writer Corporation Profit Sharing Trust (“Profit Sharing Trust”) is not an insider and thus not subject to the Trustee’s...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the motion of Consolidated Rail' Corporation (“Conrail”) for damages against Galla-tin County State Bank (the “Bank”) for willful violation of the automatic stay pursuant to 11 U.S.C. § 362(h), and on the motion of the Bank for summary judgment on Conrad’s motion pursuant to Federal Rule of Civil Procedure 56, incorporated by refere...
Views: 2
MEMORANDUM OPINION This matter came before the Court on the trustee’s objection to Lynn Gail Blair’s claim of exemption, filed September 28, 1990, and the trustee’s objection to James Edward Blair’s claim of exemption filed September 28,1990. Because the facts and the issues of law are the same with relation to both debtors, the objections were heard at the same time. All parties agreed t...
Views: 0
*442 OPINION Background The issues before the Court are whether William Y. Miller and Judith L. Miller (the “Debtors”) may reopen their bankruptcy case to amend the Statement of Executory Contracts in their schedules to include an agreement (the “Contract”) between the Debtors and Pointe Tapatio Cliffs Community Association (the “Association”) and if permitted to amend their schedules, wh...
Views: 2
ORDER ON DEBTORS’ MOTION FOR ORDER OF CONTEMPT THIS CAUSE came on to be heard on January 11,1991, upon Debtors’ Motion for Order of Contempt against the Internal Revenue Service (IRS). The Court considers the Motion a motion for sanctions against the IRS pursuant to Title 11 U.S.C. § 362(h). The Debtors filed their Chapter 13 petition on July 25, 1990. The IRS had previously filed a Notic...
Views: 2
DECISION Winfield Security Corporation (“Win-field”) moves pursuant to Title 11 of the United States Code (the “Code”) Section 503(b)(3)(E) for an order declaring that it's claim of $44,093.20 be allowed as an administrative expense of the estate under § 503(b)(3)(E) of the Bankruptcy Code. 1 *80 An objection to the motion was interposed by the Official Committee of Un...
Views: 2
MOTION TO COMPEL CORRECTION OF SCHEDULES AND NOTICE TO CLAIMANTS OPINION The issues before the Court are whether the claim of Michael Q. Lebrón and Michael C. Lebrón (“Lebrons”) can proceed as a class proof of claim and whether Mechem Financial, Inc.’s (“Debtor”) bankruptcy schedules shall be amended to include individual persons who purchased interests in and/or were beneficiaries under the ...
Views: 0
ORDER David Cates filed a Chapter 7 bankruptcy petition on November 26, 1990. Among other things, he claimed as exempt his interest in a retirement plan and his interest in a lawsuit that involves an insurance claim for property damage to a 1979 jeep. 1 The Trustee filed objections to both, but has since withdrawn his objection to debt- or’s exemption in the retirement plan. Th...
Views: 0
MEMORANDUM OF DECISION DISAPPROVING DEBTOR’S THIRD AMENDED DISCLOSURE STATEMENT The court today disapproves the debtor’s third amended disclosure statement. 1 The procedural history culminating in its filing is lengthy and complex. Because a comprehensive overview of the case is set forth elsewhere, it will not be repeated here. 2 However, consideration of the disclo...
Views: 4
MEMORANDUM OF DECISION Debtor commenced this case on November 9, 1989 by filing a bare chapter 13 petition without a chapter 13 statement, schedules or plan. Over the course of the next two months Debtor requested and was allowed four extensions of time to file these documents. Debtor finally filed them on January 8, 1990, six days after his last permitted deadline of January 2, 1990 ...
Views: 1
MEMORANDUM OPINION The issue presented is the objection of a creditor to the exemptions claimed by debtors in certain pensions and in certain personal property. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2). For reasons stated below, the Court concludes that the objections to the exemption of the persona...
Views: 0
ORDER The matter before the Court is Debtors’ Motion to Allow a Claim Filed by Debtors on behalf of the United States of America, Internal Revenue Service (“IRS”). Debtors filed their Petition for relief under 11 U.S.C. Chapter 7 on April 14, 1988. The time for filing proofs of claim expired on August 15,1988. Debtors listed the IRS as a priority creditor in the Schedules filed with their Petit...
Views: 2
*249 MEMORANDUM AND ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE COMPLAINT OBJECTING TO DISCHARGE Pursuant to Bankruptcy Rule 4004(b) and FRCP 60(a), movants C. Gaither Spra-dling, et al. filed an untimely motion for extension of time to file a complaint objecting to discharge. Debtors objected to the motion. The primary issue is whether due process requires that movants re...
Views: 1
OPINION The Windolph Trust (Windolph) filed an application for payment of administration expense requesting that the court enter an order compelling Douglas Leitch (Leitch), the trustee of the Chapter 7 estates of Kent Holland Die Casting & Plating, Inc. (Kent) and Holland Die Casting & Plating Inc. (Holland), to pay as administration expenses the following claims of Windolph: 1. Ren...
Views: 3
FINDINGS OF FACT AND CONCLUSIONS BY THE COURT Introduction: The above-styled bankruptcy case was commenced in this Court by the voluntary petition under title 11, chapter 7, United States Code, of Carl Bagwell, also known as “Speedy” Bagwell (hereinafter referred to as the “debtor”) filed on March 12, 1990, *307 and continues thus to be pending before the Court. The above-styled adversary...
Views: 2
MEMORANDUM OPINION Plaintiff James R. Huff, Chapter 7 trustee (“trustee”) of the bankruptcy estate of debtors Ivan R. Berringer and Lois N. Ber-ringer, has brought an action for fraudulent misrepresentation against defendant Nationwide Insurance Company (“Nationwide”). The trustee alleges that Nationwide knowingly made false representations to Ivan Berringer (“Mr. Berringer”) concern...
Views: 0
DECISION ON MOTION TO ALLOW REDUCED CLAIMS FOR RETURN OF CASH DEPOSIT At issue is whether or not the plaintiffs may look to a cash bond which the debtor posted for a stay pending the appeal of a $655,609.00 judgment obtained by the plaintiffs. The cash bond was posted by the debtor two days before it filed its Chapter 11 petition with this court under the Bankruptcy Code. The debtor argue...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the July 9, 1990 hearing on Creditor Marjorie Rosalie Kelly’s Motion for Relief from Stay. The debtor, Leonard Earl Kelly appeared in person and through one of his attorneys, John F. Michaels (James S. Willis is local counsel). The creditor, Marjorie Rosalie Kelly, appeared in person and through her attorney, Edward ...
Views: 0
ORDER In this adversary proceeding, removed from Montana State District Court, Plaintiff Farm Credit Bank of Spokane (FCB) seeks a declaratory ruling on the right of the Defendants to purchase farm property located in Lake County, Montana. The matter is presently before this Court, after referral from the United States District Court, on Plaintiff’s Motion for Summary Judgment, which is o...
Views: 0
ORDER This matter concerns the removal of a non-bankruptcy lawsuit to the Bankruptcy Court pursuant to an application filed by the Debtor under Bankruptcy Rule 9027. The non-debtor Respondent, Charles Phelps (a Defendant in the removed action) subsequently filed a request for a jury trial, and further requested to transfer this lawsuit to the District Court. Only the facts pertinent to this consid...
Views: 0
DECISION ON COMPLAINT TO RECLAIM FROM TRUSTEE A PORTE COCHERE Quickway Metal Fabricators, Inc. (“Quickway”), a creditor in this aborted Chapter 11 case, seeks to reclaim from the Chapter 7 trustee a Porte Cochere, or structural steel canopy, that was erected and affixed to the front of the former Grossinger’s Hotel building in Liberty, New York. The Grossinger’s Hotel and Country Club was sold by ...
Views: 0
DECISION ON MOTION TO DISMISS COMPLAINT The debtors, who are husband and wife in the joint Chapter 7 case, have moved to dismiss a nondischargeability complaint filed pursuant to 11 U.S.C. § 523(a)(6) by their former son-in-law, Thomas A. Wood and his minor child, Luz Elena Wood. The debtors allege that the plaintiffs fail to state a claim upon which relief may be granted and that the complaint...
Views: 2
ORDER ON MOTION TO DISMISS COUNTERCLAIM THE MATTER under consideration in these Chapter 11 cases involving Murray Industries, Inc., and its fifteen subsidiaries, now substantively consolidated, is a claim filed by the State of Florida on behalf of the Department of Revenue (DOR) and the counterclaim filed by Murray Industries, Inc., against the State of Florida. In Count I of the Counterclaim M...
Views: 0
DECISION ON MOTION FOR AN ORDER AUTHORIZING DEBTOR’S USE OF ASSETS IN WHICH CONNECTICUT MUTUAL LIFE INSURANCE COMPANY MAY ASSERT AN INTEREST Connecticut Mutual Life Insurance Company (“Mutual”) has moved for an order directing the Chapter 11 debtor, Constable Plaza Associates, L.P., to turnover all rents from the debtor’s office building in New Rochelle, New York received after the appoin...
Views: 1
MEMORANDUM RE: TRUSTEE’S APPLICATION TO DETERMINE PRIORITIES AND PAYMENT TO SECURED CREDITORS I. Issue The issue in this proceeding is whether to recognize asserted subrogation rights arising out of a letter of credit transaction. The appearing parties have submitted the matter upon a stipulation of facts and briefs. 1 II. Facts Agrownautics Inc., ...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case and the matter under consideration is the dis-chargeability vel non of debts owed to the Plaintiffs, Citizens & Southern National Bank (C & S) and Southeast Bank (Southeast) by the Defendant, Bill L. DeLisle (Debtor). It is the contention of both C & S and Southeast that the Debtor’s debts owe...
Views: 3
MEMORANDUM DECISION ACTION Michael and Shirley Cook (“Debtors”) motioned to discharge chattel liens alleging the debt on chattels has been fully paid as required by their confirmed Chapter 11 Plan. Farmers Home Administration (“FmHA”) maintains its 11 U.S.C. § 1111(b) election (“1111(b) election”) precludes lien discharge because its collateral includes real estate and chattels irres...
Views: 3
OPINION The Debtors, Daniel W. Brouillet and Peggy Brouillet, used proceeds of accounts receivable to pay business debts other than the debt due Merchants National Bank (the “Bank”) which held a security interest in the proceeds. The Bank says that this was “willful and malicious injury ... to ... [its] property” within the meaning of 11 U.S.C. § 523(a)(6) (1988), so that its debt should ...
Views: 1
ORDER OVERRULING OBJECTIONS TO CHAPTER 13 PLAN OF DEBTOR Introduction The matter before the Court is the objection by creditor Billy Wayne Jones Estate to confirmation of debtor’s amended Chapter 13 plan under 11 U.S.C. § 1325. The main issue raised by this particular objection and plan is whether the payment of the promissory note according to the original terms of the agreement is an impe...
Views: 1
ORDER ON FIRST APPLICATION FOR INTERIM ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR BEAR STERNS CO., INC. THIS is a yet-to-be confirmed Chapter 11 case involving Hillsborough Holdings Corporation (HHC) and its subsidiaries (the Debtors). The matter under consideration is a First Application of Bear Sterns Co., Inc. (Bear Sterns) for Interim Allowance of Compensation for ser...
Views: 2
ORDER ON MOTION FOR PAYMENT OF ADMINISTRATIVE EXPENSE THIS IS a Chapter 11 case. The matter under consideration is Bi-County Development Corp.’s (Bi-County) Motion for Payment of Administrative Expense. Bi-County seeks an order directing Howe Products (Debtor-in-Possession) to pay the sum of $4,800.00 to Bi-County, based on a lease of a non-residential property entered into by Bi-County and the De...
Views: 0
*768 MEMORANDUM OPINION This matter comes before the Court on the first application of Thomas E. Raleigh (the “Trustee”) pursuant to 11 U.S.C. §§ 326 and 331 and Federal Rule of Bankruptcy Procedure 2016 for allowance of interim compensation as Chapter 7 Trustee, in the voluntarily reduced amount of $400,-000.00 from the amount of $565,270.41 initially requested. Proper notice wa...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case, and the matter under consideration is a Complaint filed by the Trustee, Lawrence S. Kleinfeld (Trustee), naming James Albert Donovan (A1 Donovan), his ex-wife, Helen Donovan (Helen Donovan), Barnett Bank of Citrus County, N.A. (Barnett), and First Florida Bank, N.A. (First Florida) as Defenda...
Views: 2
125 B.R. 297 (1991) In re Leroy Snyder WELLS and Carliss Marie Wells, Debtors. No. 88 B 2337 E. United States Bankruptcy Court, D. Colorado. March 28, 1991. *298 Marilyn T. Meadoff, Denver, Colo., for debtors. Jan O. Westman, Denver, Colo., for Mfrs. Hanover Consumer Services, Inc., nka American General Finance, Inc. Sally J. Zeman, Denver, Colo., Standing Chapter 13 Trustee. OPINION AND ORDER C...
Views: 0
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT THIS is a Chapter 7 liquidation case and the matter under consideration is a Motion for Partial Summary Judgment filed by MCA Insurance Company (MCA), the Plaintiff who instituted the above-captioned adversary proceeding. The named Defendants in the Complaint of MCA are Melody D. Genson, Trustee of the estate of Caddie Construction Company, Inc...
Views: 0
DECISION CONCERNING MEASURE OF LANDLORD’S ADMINISTRATIVE CLAIM Prior to the filing of this voluntary case, the debtor, Washington Bancorporation, *329 leased office space in Annandale, Virginia from Annandale Office Center Limited Partnership (“the landlord”) and then subleased the space to another entity at a rent below that specified by the original lease. The landlord has ...
Views: 1
DECISION ON ORDER DENYING UNITED STATES DEPARTMENT OF EDUCATION’S MOTION TO DISMISS AND GRANTING MOTION FOR SUMMARY JUDGMENT This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order of Reference entered in this district, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) — matters concerning the administration of the ...
Views: 0
OPINION ON CERTIFICATION OF CLASS AND VOTING ON BEHALF OF MEMBERS OF CLASS I. INTRODUCTION The motions before the Court raise two issues related to the application of Bankruptcy Rule 7023 to a class proof of claim. The first issue is whether the class should be certified on the class proof of claim filed in this case on behalf of certain securities purchasers. The second issue is whe...
Views: 0
MEMORANDUM OF DECISION RE: MOTIONS OF TRAVELERS LIFE AND ANNUITY COMPANY, CONTINENTAL ASSURANCE COMPANY AND COUNTRY LIFE INSURANCE COMPANY TO DISMISS CASE OR, IN THE ALTERNATIVE, FOR RELIEF FROM STAY I. Whitemont Associates Limited Partnership, .a Connecticut limited partnership (Whitemont), was formed in 1984 to acquire for investment two hotels located in Chicago, Illinois. On Sept...
Views: 1
MEMORANDUM OPINION Debtor filed his petition for relief on August 17, 1990. On December 7, 1990, debtor filed this adversary action against Debra Dee Brown, his former spouse (hereinafter DDB). The adversary was titled “Complaint To Determine Dischargeability Of Alleged Debt Under Section 523(a)(5)”. The evidence adduced at the hearing showed that debtor was granted a divorce from DDB on Decemb...
Views: 0
DECISION THIS MATTER came before the court for hearing on the debtors’ Objection to the Claim of the IRS and Request for Determination of Tax Liability. The facts in this matter are undisputed. Findings of Fact 1. On May 11, 1970, Clive and Ruth Stoelk sold the 4 Winds Motel in Douglas, Wyoming, to Sidney and JoAnn Ainslee by an Agreement for Warranty Deed. The First National Bank at Douglas acte...
Views: 0
MEMORANDUM OPINION AND ORDER The issue before the court is whether the Internal Revenue Service (“IRS”), the defendant, is entitled to the interest and penalties asserted on its proof of claim filed in this case. The parties have stipulated the facts. The debtors previously filed a Chapter 13 petition in this Court on November 23, 1982. The debtors at that time did not object to the claim of ...
Views: 0
MEMORANDUM OPINION I. Statement of Facts On November 17, 1989, William Eugene Davis and Señora Davis filed bankruptcy under Chapter 7. Señora Davis (Debtor) is employed as a keypunch operator at United Missouri Bancshares (UMB), where she has worked for the past 21 years. The Debtor is 53 years old and in good health, except for high blood pressure, which responds to medication. ...
Views: 0
MEMORANDUM OPINION Plaintiff obtained default judgment against debtor in the Central District Court of California in the amount of $118,962.82, plus a surcharge for violations of RICO in the amount of $237,925.64, plus attorney’s fees of $17,500 (the “Judgment”). Plaintiff alleged in his district court complaint violations of the Commodity Exchange Act, breaches of fiduciary duties, commo...
Views: 1
MEMORANDUM DECISION At issue is whether debtor is entitled to recover attorney’s fees and costs pursuant to 11 U.S.C. § 523(d) where creditor voluntarily dismisses its complaint to determine dischargeability. 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 United States District Court, Southern District o...
Views: 0
MEMORANDUM A. HISTORY OF THE MATTERS IN DISPUTE. On January 15, 1991, the instant adversary action was instituted by ROGER HIS-ER (“the Trustee”), the trustee in bankruptcy for ST. MARY HOSPITAL (“the Debtor”), against the COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE (“DPW”) and JOHN H. WHITE, JR., the Secretary of DPW. The history of the underlying Chapter 11 case,...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the court upon complaint of Valerie J. Hall, as Trustee for Timesharing Services, Inc., seeking exception to discharge pursuant to 11 U.S.C. § 523(a)(4) and (a)(6). A trial was held on February 12, 1991, and upon the evidence presented the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact ...
Views: 2
MEMORANDUM OPINION Amereco Environmental Services, Inc. (hereinafter AES), filed its petition for reorganization under Chapter 11, Title 11, United States Code, on February 26, 1990. The Creditors’ Committee filed a proceeding on July 24, 1990 to substantively consolidate AES’s estate with the subsidiaries, i.e., Amereco-Phoenix, Inc. (hereinafter API), Amereco-Kansas City, Inc. (hereinafter AK...
Views: 1
MEMORANDUM DECISION At issue is whether there has been a misjoinder of claims due to the improper joinder of multiple plaintiffs and whether *612 pursuant to Bankruptcy Rule 7021 this court, in its discretion and in the interest of effective judicial administration, may sever and proceed separately with the misjoined claims. This court has jurisdiction to hear this matte...
Views: 0
MEMORANDUM DECISION AND ORDER RE: MOTION FOR RECONSIDERATION On August 24, 1990, a hearing was held on the Motion to Dismiss Adversary Proceeding No. 85-0133 filed by Margaret Daily (“Ms. Daily”), at which hearing Enver W. Painter, Jr., Esq. represented Ms. Daily and Jerrold K. Guben, Esq., represented the Federal Deposit Insurance Corporation (“FDIC”). At the conclusion of the hearing when the...
Views: 0
MEMORANDUM This case is before the court upon consideration of an Application for Allowance of Accountant Fees (Fil. # 23) and Application for Allowance of Attorney Fees (Fil. # 22). The matter was set for motion day and no appearances were made. The Application for Allowance of Accountant Fees is sustained. The Application for Allowance of Attorney Fees of the Trustee is denied because the app...
Views: 2
OPINION Before PERRIS, VOLINN, and OLLASON, Bankruptcy Judges. After the debtor defaulted on certain obligations to the appellees and filed bankruptcy, the appellees caused a post-petition foreclosure sale of stock in the debtor held by the debtor’s sole shareholder, Anthony Teuber, which stock was pledged to secure the performance of the debtor’s obligation. The debtor moved to void...
Views: 1
OPINION A. INTRODUCTION The instant contested matter presents the issue of whether an arrangement by which a dentist operated an oral surgery clinic for the Debtor-hospital rendered the unpaid pre-petition sums due to the dentist under the parties’ “employment agreement” to be “wages, salaries, or commissions” entitled to a priority under 11 U.S.C. § 507(a)(3). We conclude that the D...
Views: 4
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR TURNOVER A hearing was held on February 15,1991 on the Motion for Turnover of Exempt *815 Assets filed by Jan Brooke Halpenny (“Debtor”). Present at the hearing were Colin Kurata, Esq., attorney for Debtor, Howard Hu, Esq., the Chapter 13 Trustee representing himself, and Carol K. Murana-ka, Esq., attorney for the United States of America (“USA...
Views: 0
MEMORANDUM OPINION The above two debtors are two Missouri general partnerships, which each own an apartment complex in the metropolitan area. There is substantial identity of debtors, creditors, managers, and most importantly the same lien holder on both complexes. Home Savings of America, F.A. (hereinafter HSA) is the undersecured creditor. Each debtor has filed a similar first amended and res...
Views: 1
MEMORANDUM OPINION This matter comes before the court on the plaintiffs motion for summary judgment. All statutory references herein are to the Bankruptcy Code, Title 11 U.S.C. unless otherwise indicated. PROCEDURAL BACKGROUND On February 27, 1989, an involuntary Chapter 7 bankruptcy petition was filed against the debtor, an order for relief was entered herein on July 14, 1989. The plaintiff is t...
Views: 0
MEMORANDUM OF DECISION MODIFYING PARTNERSHIP TRUSTEE’S PROPOSED ORDER OF DISTRIBUTION AND GRANTING CERTAIN RELIEF AS TO PARTNER ESTATES The partnership trustee’s proposed distribution raises issues of how secured claims should be allocated and prioritized among the Chapter 7 bankruptcy estates of a partnership and of its partners. I. Facts. R.L. Kelly and Sons, Millers, was ...
Views: 0
125 B.R. 19 (1991) In re Francisco P. PACANA, Debtor. Francisco P. PACANA, Appellant, v. Marcalane S. PACANA-SILER, Appellee. B.A.P. No. NC-89-1356 VAsJ, Bankruptcy No. 588-06195-WCMOR. United States Bankruptcy Appellate Panel, of the Ninth Circuit. Argued and Submitted September 21, 1989. Decided March 29, 1991. *20 Richard B. McLaughlin, Salinas, Cal., for appellant. Robert P. Herendeen, Salina...
Views: 1
MEMORANDUM GRANTING SUMMARY JUDGMENT This matter comes before the Court on the motion of the United States/Internal Revenue Service (“US/IRS”) for summary judgment in this suit by Robert and Ucinda Rench (“Debtors”) to determine the dis-chargeability of income taxes, and the penalties and interest thereon, pursuant to 11 U.S.C. § 523(a). The US/IRS is represented by James J. Long, Trial A...
Views: 2
ORDER DENYING MOTION FOR APPROVAL OF SETTLEMENT AND MUTUAL RELEASE AND MOTION FOR SUMMARY JUDGMENT On December 6, 1990, Plaintiff filed a Motion for Summary Judgment and on December 11, 1990, a Motion for Approval of Settlement and Mutual Release. Creditor Union Fish Co. filed a Memorandum in Opposition to Motion for Approval of Settlement Agreement and Mutual Release. Hearings were held ...
Views: 0
MEMORANDUM OF DECISION ON RULE 2004 EXAMINATION This contested matter 1 is before us on the motion of FDIC/RTC to participate in future Rules of Practice and Procedure in Bankruptcy Rule 2004 examinations being *704 conducted by DBL, Group Committee, and Inc. Committee, and FDIC/RTC’s request for an order directing DBL, Group Committee, and Inc. Committee to produc...
Views: 2
MEMORANDUM This is an action in which the trustee obtained a judgment against John Carter Daniels resulting from a preferential transfer made to Daniels by Southern Industrial Banking Corporation (SIBC) within ninety days of SIBC’s bankruptcy filing. While the case was on appeal to the district court, John Carter Daniels died and the defendant, John E. Coker, the administrator of Daniels’ estate,...
Views: 0
MEMORANDUM OPINION This case is before the Court to decide the question of when, in a Chapter 13 case, an education loan can be put into a special class and paid at a higher rate than the other unsecured debts. The Debtor pro *534 poses to pay her education loans in full, but only 15% of her other unsecured debts. In In re Lawson, 93 B.R. 979, 988 (Bkrtcy.N.D.Ill.1988), Judge Wedoff expla...
Views: 1
MEMORANDUM OPINION AND ORDER DENYING APPLICATION TO APPROVE APPOINTMENT OF ATTORNEY I. On November 16, 1990, attorney J. Michael Hill filed this bankruptcy case on *44 behalf of the debtor, Doors and More Inc. 1 On January 22, 1991, Hill filed an application for an order authorizing the debtor to retain him, accompanied by a “Biography of J. Michael Hill, P.C....
Views: 1
MEMORANDUM OPINION This matter arises out of objections filed by Joseph Eugene Wills (the “Debtor”), a Northern Virginia real estate developer, to three proofs of claim. The first claim, filed by Thomas L. Swarek (“Swarek”), relates to two promissory notes, each dated November 10, 1988, made by the Debtor and payable to the order of Swarek 30 days after issuance in the aggregate principal...
Views: 0
MEMORANDUM The debtor’s former wife seeks a determination that certain obligations imposed upon the debtor under the provisions of a Marital Dissolution Agreement are nondis-chargeable under 11 U.S.C.A. § 523(a)(5) (West 1979 & Supp.1990). The plaintiff seeks a judgment for the amount of the debts determined to be nondischargeable. A Pretrial Order containing stipulated facts and document...
Views: 0
MEMORANDUM AND ORDER ON CONFIRMATION OF DEBTOR’S THIRD AMENDED PLAN AS MODIFIED The issue presented is whether the debt- or’s chapter 11 plan of reorganization may be confirmed over the objection of Pacific Mutual Life Insurance Company, an un-dersecured creditor. BACKGROUND The debtor is a Connecticut limited partnership with two general partners, Morris J. Zakheim and 300 Broa...
Views: 2
MEMORANDUM OPINION This matter came before the Court on the trustee’s objection to the debtors’ claim of exemptions. The parties agreed that there were no facts in dispute and that the Court could render a decision based solely on the briefs submitted by the parties. Having considered the briefs, the applicable law, and being otherwise fully informed and advised, the Court finds that the objec*109...
Views: 0
This is the court’s decision on Harry and Maureen Walls’ Motion for an Order to Show Cause. That motion must be denied. The undisputed facts are as follows. GMAC Mortgage Company holds a first lien on the Walls’ real estate in the amount of $72,765. Kathryn J. Law is the holder of a judgment in the amount of $5,593.74. The fair market value of the property is $70,000. The Walls were granted a d...
Views: 1
MEMORANDUM OPINION A hearing was held November 3, 1989, on the Verified Application of Broker for Debtor For Allowance of Compensation As An Administrative Expense. The matter was taken under advisement, and the Court now issues the following order. On August 30, 1989, the Court authorized the sale of property of the estates of Bojo, Inc., Mullboons, Inc. and Mullboons of Ogden, Inc....
Views: 1
MEMORANDUM OPINION AND ORDER This is the court’s opinion on cross-motions for summary judgment. TTS, Inc. sued Citibank, N.A. and Jarvis J. Slade. TTS seeks a declaration that property held by Citibank as escrow agent is property of the bankruptcy estate and asks that Citibank and Slade be directed to turn that property over to the estate of TTS, Inc. I. Facts The follow...
Views: 1
Both parties request declaratory relief pertaining to what part, if any, of debtors’ post-petition short-term debt arising before the discharge date was discharged. A review of the record indicates that all post-petition debt was discharged. Horace and Charlotte Conway filed a Chapter 13 petition and proposed plan on December 6, 1982. The plan proposed a total monthly payment of $830 and listed...
Views: 0
MEMORANDUM OPINION AND ORDER The debtor Construction Management Services, Inc. (CMS) has filed an action to recover over $700,000 from Manufacturers Hanover Trust Company, (MHT) alleging interest payment preferences under § 547(b), insider preferences under § 547(b), and improper setoff under § 553 of the Code. MHT moves to dismiss the action, claiming that the applicable statute of limitations...
Views: 1
MEMORANDUM OPINION AND ORDER Debtors Josef and Vera Burger (Burger) initiated this adversary proceeding by objecting to Level End Dairy Investors’ (Investors) proof of claim and seeking the turnover of feed monies owed by the Investors. The Investors answered and counterclaimed against Burger for their losses alleging breach of contract premised on his failure to meet the requisite standa...
Views: 0
MEMORANDUM DECISION ON THE DISCOUNT RATE TO BE USED IN CALCULATING THE ALLOWABLE AMOUNT OF A CLAIM BY THE PENSION BENEFIT GUARANTY CORPORATION (FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO 28 U.S.C. § 157(c)(1) AND BANKRUPTCY RULE 9033) This adversary proceeding is before the Court pursuant to a withdrawal of the ref *167 erence and referral for findings of fact a...
Views: 3
DECISION ON FEE APPLICATION Special Counsel for the Debtor submits an application for an interim fee allowance pursuant to § 330 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., a) for an allowance of compensation for services rendered as Special Counsel to the Creditors’ Committee and b) for reimbursement of actual and necessary disbursements incurred. A Bankruptcy Court ...
Views: 1
*475 MEMORANDUM OPINION The trial of this adversary proceeding occurred on March 4, 1991. At the conclusion of the trial, the Court made certain Findings of Fact and Conclusions of Law on the record pursuant to Bankruptcy Rule 7052. Those Findings and Conclusions are incorporated herein by reference and are relied upon in arriving at the ultimate judgment. This Court has jurisdiction under ...
Views: 0
MEMORANDUM OPINION The matter presently before the court is a motion by the plaintiffs, Mary Christine Micoz, David A. Lott II, Tamara L. Lott, and Gordon Konold (“plaintiffs”), seeking a default judgment against the debtors, Robert T. Carter and Teresa A. Carter (“debtors”), in the above-captioned adversary proceeding. A default certificate was executed by the clerk on July 26, 1990, and a heari...
Views: 0
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SANCTIONS United Capitol Insurance Co. has moved for sanctions against the attorney for Superior Homes of Hawaii, Inc. pursuant to Federal Rules of Civil Procedure (“Fed.R. Civ.P.”) Rule 11, Bankruptcy Rules (“Bankr.R.”) Rule 9011, 28 U.S.C. § 1927, and the inherent power of the court to punish abusive practices. A hearing was held on Fe...
Views: 1
MEMORANDUM OF OPINION Merrill Lynch Business Financial Services; Inc. filed a complaint objecting to dis-chargeability of its debt pursuant to 11 U.S.C. § 523. The matter came on for trial on December 14, 1990. Dave Lenny, Esq. appeared on behalf of Merrill Lynch Business Financial Services, Inc., and Richard M. Moneymaker of Moneymaker and Kelley appeared on behalf of debtor. The Court, having...
Views: 0
MEMORANDUM OPINION AND ORDER GRANTING NIELSEN & SENIOR’S FEE APPLICATION IN PART The matter before the court is the fee application of Nielsen & Senior (“N & S”), attorney for the consolidated debtors, T.S. Industries, Inc., Thermal Systems, Inc., and Thermal Systems of Utah, Inc. (“debtors”). Hearings were conducted on March 21, 1991, and April 5, 1991. Noel S. Hyde, Esq. appe...
Views: 1
MEMORANDUM OF OPINION ON MOTION TO COMPEL PAYMENT OF ADMINISTRATIVE EXPENSE Whittaker Corporation and Whittaker Controls, Inc. moved the Court for an order to compel payment of administration expense alleging that the attorneys’ fees and costs ordered by the District Court in Whit-taker Corporation and Whittaker Controls, Inc. v. Execuair Corporation, et al., Civ. 85-4855-LEW i...
Views: 0
ORDER DENYING MOTION FOR CONTINUING POST-JUDGMENT WRIT OF GARNISHMENT AND GRANTING MOTION FOR DISSOLUTION OF WRIT OF GARNISHMENT THIS CAUSE came on for consideration upon a Motion for Continuing Post-Judgment Writ of Garnishment filed by Plaintiff, MDFC Equipment Leasing Corp., and a Motion for Dissolution of Writ of Garnishment filed by Defendant, Lawrie B. Glickman. The Court reviewed the Mot...
Views: 0
DECISION AND ORDER DENYING MOTION TO DISMISS Heard on December 18 and 19, 1990, and January 9, 1991 on the motion of Bank of New England/Old Colony (BNE) to dismiss the Debtor’s Chapter 11 case, and on the Debtor’s objection. 1 The Debtor filed its Chapter 11 petition on October 24, 1990, listing secured debt of $2,394,000; taxes of $77,872.14; unsecured debt of $86,568; and ...
Views: 0
DECISION AND ORDER Heard on January 23, 1991 on the Motion of United Properties, Inc. (UPI) for Relief from Stay, and the Debtors’ (Rocchios’) objection thereto. The relevant facts are summarized as follows: *346 On March 14, 1988, the Rocchios entered into a lease with UPI for the purpose of operating a laundromat in UPI’s building. Among other terms, the lease provides that the Rocchios...
Views: 1
DECISION AND ORDER Heard on January 15 and January 23, 1991, on Fleet National Bank’s (Fleet) Motion for Adequate Protection, the Debtor’s objection thereto, and the Debtor’s Petition for Instructions. Tellier is indebted to Fleet on various promissory notes, all secured by mortgages on real estate in Rhode Island and Massachusetts. 1 Fleet has no security interest in any ...
Views: 1
OPINION The Chapter 13 trustee appeals the bankruptcy court’s order denying her motion to modify debtors’ plan to increase plan payments. We REVERSE and REMAND. The parties have stipulated to the facts presented. Debtors Peter and Frances Louquet filed a chapter 13 petition on September 29, 1987. At the time of filing, Peter Louquet was a self-employed insurance adjuster with a monthly net in...
Views: 0
DECISION AND ORDER Heard on August 22, 23, October 22, and November 27, 1990, on the complaint of Lillian Weeden, to have a debt of the debtors/defendants, Richard and Corinne Mona-han, declared nondischargeable pursuant to 11 U.S.C.A. § 523(a)(2)(A). FACTS This dispute arises out of a contract, dated July 8, 1988, for the purchase and erection of a modular home for the plaintif...
Views: 3
MEMORANDUM OPINION AND ORDER DENYING APPLICATION FOR A PRELIMINARY INJUNCTION OR FOR A TEMPORARY RESTRAINING ORDER The debtor Jeanie M. Lambright moves this court for a preliminary injunction or in the alternative for a temporary restraining order to prohibit the Internal Revenue Service (IRS) from levying against Lam-bright’s civil service annuity. The court conducted a hearing on Octobe...
Views: 1
MEMORANDUM OPINION ON OBJECTION OF DOLLAR DRY DOCK SAVINGS BANK TO DEBTOR’S SECOND MODIFIED (PRE-CONFIRMATION) CHAPTER 13 PLAN A hearing was held on February 28, 1991 on the Objection of Dollar Dry Dock Savings Bank to Debtor’s Second Modified (Pre-Confirmation) Chapter 13 Plan. This Court has jurisdiction of this case pursuant to 28 U.S.C. §§ 1334(b) and (d), 28 U.S.C. §§ 157(a) and...
Views: 0
MEMORANDUM OPINION The matter before the Court is the Trustee’s objection to the claim of Roy C. and Trellice O. Jones (the Joneses) in the amount of $339,000.00.1 The Joneses, who seek the return of $339,000.00, are the parents of Harry G. Jones, I.D. Craig Service Corporation’s (hereafter “Debtor”) majority shareholder and president. Roy C. and Trellice O. Jones are insiders under the Bankruptcy...
Views: 1
ORDER This matter is before the Court on cross motions for summary judgment. Appearances are as noted in the record. The Court having received memoranda and heard arguments in the proceeding, and now being fully advised in the matter, makes this ORDER pursuant to the Federal and Local Rules of Bankruptcy Procedure. *557 I. The Petition was filed in this case under 11 U.S.C. Chapter 11, on...
Views: 1
DECISION AND ORDER Heard on February 19, 1991 on the Motion of the Debtor, Jean-Paul R. Rivet, to Void Judicial Lien, and on creditor David E. Roux, Esq.’s objection thereto. The relevant facts are as follows: Roux commenced a State Court civil action against Rivet, his former client, for nonpayment of a bill for legal services; on October 29,1990, the Rhode Island Seventh Division D...
Views: 0
ORDER This matter came on for evidentiary hearing January 22, 1991, on motion by Mutual Life Insurance Company of New York (MONY) alternatively for dismissal of the case or relief from stay. Following the presentation of evidence, supplemental briefs were filed, and the issues were orally argued at continued hearing on February 22, 1991. Appearances are as noted in the record. The Court, having...
Views: 1
ORDER This matter is before the Court on motion by First Trust National Association (First Trust) for relief from the § 362 stay. Appearances are as noted in the record. The Court, having received evidence, reviewed briefs, and heard oral arguments, and now being fully advised in the matter, makes this ORDER pursuant to the Federal and Local Rules of Bankruptcy Procedure. I. The Debtor is a...
Views: 0
ORDER THIS MATTER comes before the Court upon the Debtor’s Motion to Reconsider Denial of Motion to Suspend Payments filed April 5, 1991. On January 23, 1991, the Debtor filed a Motion for Suspension of Chapter 13 Plan Payments. There was an Objection to that Motion filed by General Motors Acceptance Corporation on February 13, 1991, and the Court set the matter for hearing for March 19, 1991...
Views: 0
MEMORANDUM OF DECISION The Chapter 7 trustee has objected to the claim of Gary Gosselin (“Gosselin”), a former employee of Maine Built Homes, the debtor’s pre-petition sole proprietorship. Gosselin filed a proof of claim asserting priority under 11 U.S.C. § 507(a)(3) for $28,325.34 in workers’ compensation benefits due to him on account of a work-related injury he sustained on November 20, 1986...
Views: 0
DECISION AND ORDER Heard on the Motion of Thomas Ricci, Edward Marandola, and Ocean State Nissan, Inc. (Defendants) to Vacate our November 27, 1990 Order granting William and Irving Gabrilowitz’s Motion for Summary Judgment. Summary judgment was granted as a result of the Defendants’ failure to file an objection. See Local Bankruptcy Rule 10. Ricci now represents that he had prepared a Request to ...
Views: 0
ORDER The matter before the Court is a Motion for Summary Judgment filed by the plaintiff Mid-Century Insurance Company. The underlying complaint is an adversary proceeding seeking to render a judgment debt non-dischargeable under 11 U.S.C. § 523(a)(6) or § 523(a)(2)(A). The Debtor sued the Plaintiff in the United States District Court seeking payment of an insurance claim due to a fire loss. The ...
Views: 0
MEMORANDUM OPINION Before the Court are two matters brought by Connie Overton, the former wife of the Debtor. Ms. Overton seeks relief from stay so that she can pursue defaults in what she categorizes as “spousal maintenance” and requests a determination that the Debtor’s obligation to her is nondischargeable. The testimony of the Debtor established that the parties were married in the early ...
Views: 1
MEMORANDUM ORDER This matter came before the Court on cross motions for summary judgment. 1 *559 Plaintiff Marlyn Edwin Duerkop (Duerkop) is represented by Terri A. Melcher. Defendant Scott Eugene Jongquist (Jongquist) is represented by Gregory P. Seamon. This is a core proceeding under 28 U.S.C. §§ 1334 and 157(a). The Court has jurisdiction to determine this matter under 28 U.S.C. § 157(b...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR DECLARATORY JUDGMENT This adversary proceeding for declaratory relief came on before the Court on January 10, 1990, for oral argument upon stipulated facts. Plaintiff appeared by its attorney, Gary W. Koch. Defendant Mark C. Halverson (“the Trustee”) appeared for the bankruptcy estate. Defendants Roger C. Solberg and Catherine E. Solberg...
Views: 0
*52MEMORANDUM OF OPINION AND ORDER I. The matter before the Court is the motion of the United States Trustee (UST) to dismiss the above-styled Chapter 11 proceeding or in the alternative to convert to a Chapter 7. Upon review of the pleadings, argument of counsel, and the record, generally, the motion is granted and the case dismissed. II. On January 11, 1991, Child Life, Inc. (Debtor) caused to b...
Views: 1
MEMORANDUM OF OPINION AND ORDER I. This matter came on for trial upon the complaint of Carole L. Rudicil (Plaintiff) to have the Court determine the discharge-ability of various debts and obligations contained in an agreed judgment entry of divorce issued in the Cuyahoga County Court of Common Pleas. Rudicil v. Rudicil, Case No. 87-D-178,515,1988. Further, the Court must determine the disch...
Views: 0
MEMORANDUM DECISION This matter came before the Court on the Trustee’s objection to the Debtor’s claimed Homestead exemption of certain real estate pursuant to Article 10 Sec. 4 of *128 the Florida Constitution. Pursuant to Bankruptcy Rule 4003(c), the objecting party has the burden of proof to show that the Debtor is not entitled to the claimed exemption. The property consists of a single ...
Views: 1
OPINION A. INTRODUCTION The Debtor’s instant motion to modify its confirmed Plan of Reorganization prior to its substantial consummation, opposed by its major creditor, requires us to determine whether the plan meets all of the applicable prerequisites for confirmation set forth in 11 U.S.C. § 1129. We conclude, inter alia, that the plan is feasible; that a class whose sta...
Views: 0
DECISION On October 26, 1990, the debtor, Martha Ann Bradshaw, filed a petition under chapter 7 of the Bankruptcy Code. The trustee, Michael F. Dubis, has objected to the debt- or’s claimed homestead exemption under Wisconsin law in property at 1926 Jay Eye See Avenue in Racine, Wisconsin. Trial was held on March 22, 1991. The debtor appeared in person and by her attorney, Robert Michelso...
Views: 1
MEMORANDUM, OPINION, AND ORDER FACTS This matter comes before the court on American National Bank’s motion for summary judgment on its adversary action to determine the dischargeability of Cooper’s debt to the Bank under §§ 523(a)(4) and (a)(6) of the Bankruptcy Code, 11 U.S.C. §§ 523(a)(4), (6). Lawrence Cooper was an attorney and a member of the panel of bankruptcy trustees for the...
Views: 0
MEMORANDUM AND ORDER Abdul W. Kazi, M.D. and Samina W. Kazi, husband and wife, filed a joint bankruptcy petition under Chapter 7 of the Bankruptcy Code on February 28, 1990. Dr. Kazi is the sole shareholder and director of a professional corporation known as Abdul W. Kazi, M.D., Ltd., and is a participant in the Abdul Kazi, M.D., Ltd. Money Purchase Pension Plan and the Abdul Kazi, M.D., ...
Views: 1
OPINION Movant sought relief from stay to foreclose on a real property lien awarded to him in the pre-petition dissolution of his marriage with the debtor. Debtor objected and moved for avoidance of that lien pursuant to 11 U.S.C. section 522(f). Movant asserts that the obligation secured by the lien is in the nature of support or maintenance. The relevant facts are not disputed. Generally st...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Jeanette E. Tavormina (the “trustee”) against Bliss Van Den Heuvel and Janet Van Den Heuv-el (the “debtors”), pursuant to 11 U.S.C. § 727(a)(4), and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments...
Views: 1
OPINION The captioned case came before the court on January 31, 1991, for hearing on the motion of Olde Salem, Ltd., for an order prohibiting the debtor from using alleged cash collateral, being the rents of debtor’s apartment building. The motion is based upon a rental assignment given by the debtor to Olde Salem. The question presented is whether the subject rents are cash collateral wi...
Views: 2
OPINION On January 8, 1988, the Debtor sold his property and casualty insurance business to the R.A. Reynolds Agency, Inc. (REYNOLDS) for $36,600.00. On or before January 29, 1988, $20,000.00 was paid and an additional principal payment of $8,500.00 plus $1,575.00 for interest was paid on January 10, 1989. The final principal payment *59of $9,100.00 and $819.00 for interest was due on January 10, ...
Views: 0
MEMORANDUM OPINION The core matter before the Court is the complaint of Gladys B. Eisele (hereafter “Debtor”) objecting to the claim of John Holloway, trading as Holloway Realty (hereafter “Holloway”) for real estate commissions and, in trespass and assumpsit, seeking recompense for all losses incurred by Debtor as the result of Holloway’s conduct. 1 Holloway’s counterclaim see...
Views: 2
MEMORANDUM OPINION The Trustee in this case has filed an objection to the Proof of Claim of Texas Bank & Trust (“Texas Bank”). The parties submitted stipulations to the court along with exhibits and presented oral argument. This is a core proceeding within the meaning of 28 U.S.C. § 157(b) and the following represent the court’s Findings of Fact and Conclusions of Law. FINDINGS OF FA...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 case and the matter under consideration is a Complaint to determine the dischargeability of a debt due and owing by Dennis E. Wilson and Susan J. Wilson (Debtors) to Communications Family Credit Union (Credit Union) pursuant to § 523(a)(2)(A) and § 523(a)(6) of the Bankruptcy Code. Count I of the Complaint has been ...
Views: 0
OPINION A. INTRODUCTION In its present procedural posture as an apparent motion of the Debtor seeking to avoid a mortgage pursuant to 11 U.S.C. § 522(f)(1), it is clear that we must deny relief to the Debtor in this contested matter. However, we recognize that the Debt- or could refile this matter in the posture of an adversary proceeding attacking the mortgage in the shoes of the Tr...
Views: 0
ORDER ON MOTION TO DISMISS OR MOTION TO ABSTAIN THIS IS a yet to be confirmed Chapter 11 case and the matters under consideration are two Motions filed by Sonora Associates, Ltd. (Sonora) in the above-captioned adversary proceeding. Sonora seeks a dismissal of the Complaint filed by Bicoastal Corporation, d/b/a Simuflite, f/k/a The Singer Company (Debtor) or, in the alternative, seeks an order of ...
Views: 0
ORDER ON NUNC PRO TUNC APPROVAL OF APPLICATION TO BE EMPLOYED THIS is a Chapter 7 liquidation case filed by Norman J. Smith and the matter under consideration is an Application to be Employed nunc pro tunc as of June 24, 1987, submitted by the Trustee, George T. Had-ley (Trustee), and the law firm of Nixon and Nixon (Nixon), which seeks authorization for Nixon to be employed as attorneys for th...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS is a confirmed Chapter 11 case and the matters under consideration are cross-Motions for Summary Judgment filed by Custom Arc Manufacturing, Inc. (Debtor), and the United States of America, Internal *844 Revenue Service (Government). While both parties agree there are no genuine issues of material fact, a brief recitation of the facts would help to p...
Views: 0
ORDER SUSTAINING TRUSTEE’S OBJECTION TO EXEMPTION The matter before the Court is the objection by the Chapter 7 Trustee to the debtors’ claim for exemption in undistributed Chapter 13 plan payments. The debtors, Kyle and Zaneta Radebaugh, filed a Chapter 13 petition, and their plan was subsequently confirmed. After making direct payments to the Chapter 13 Trustee, the debtors converted the Chap...
Views: 3
ORDER — MOTION TO DISMISS On October 11, 1990, a hearing was held on the Defendant’s motion to dismiss. The following attorneys appeared on behalf of their respective clients: Roger W. Bracken for Defendant and Deborah L. Petersen for Plaintiff. At the conclusion of the hearing, the Court took the matter under advisement upon a briefing deadline. Briefs were timely filed and the Court considers...
Views: 0
ORDER Before the court is a Motion filed by Resolution Trust Corporation (RTC) seeking a stay of all proceedings presently pending in the above-captioned bankruptcy case and in which United Federal Savings Bank of Iowa is a party. The stay is sought specifically with regards to four matters presently pending in connection with the above-captioned case and in which United Federal Savings Bank Asso...
Views: 1
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT PINEGAR CHEVROLET, INC., AND GRANTING MOTION TO DISMISS THIRD-PARTY DEFENDANT I. INTRODUCTION The matter before the Court is the complaint filed by the Chapter 7 Trustee on November 13, 1990. Oral argument on the motion for summary judgment filed by defendant Pinegar Chevrolet, Inc. was heard on De...
Views: 1
MEMORANDUM DECISION DETERMINING TO IMPOSE CERTAIN SANCTIONS UNDER BANKRUPTCY RULE 9011 On October 23, 1989, this court issued an order to show cause (the “OSC”) in which it directed Vantage Steel Corporation (the “Debtor”) and its law firm, Stradley Ronon Stevens & Young (the “Stradley Firm”), as well as James E. O’Neill, III (“O’Neill”) and Donald M. Collins (“Collins”) of the Stradley F...
Views: 1
MEMORANDUM OF DECISION RE: OBJECTION TO REQUEST FOR APPROVAL OF STIPULATION DEALING WITH USE OF RENTS I. ISSUE The question presented is whether in Connecticut a mortgagee of realty holding a recorded mortgage and assignment of rents to secure the payment of the mortgage obligation has, through such recording, a fully perfected interest in the rents enforceable after the mortgagor files a b...
Views: 1
MEMORANDUM DECISION DENYING MOTION TO TRANSFER VENUE A voluntary Chapter 11 petition was filed by Suzanne de Lyon, Inc. a/k/a SDL, Inc. a/k/a Suzanne de Lyon, Inc. U.S.A. (“SDL” or “Debtor”) at 4:54 p.m. on March 2, 1990. Minutes earlier Suzanne Frame a/k/a Suzanne de Lyon (“Frame”), an individual and major shareholder of SDL, filed her own Chapter 11 petition. Allan James, et al., an alleged...
Views: 1
MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT Robert Fisher (“Trustee”), the Chapter 7 Trustee of Pan Trading Corporation, S.A. (“Pan”), has filed a complaint against the New York City Department of Housing Preservation and Development (“HPD”) alleging three causes of action. In the first cause of action, the Trustee seeks to recover a $25,000 pre-petition payment made to HPD by Pan ...
Views: 0
MEMORANDUM AND ORDER ON CONFIRMATION OF CHAPTER 13 PLAN The debtor seeks confirmation of its chapter 13 plan. For the reasons that follow, confirmation is denied. I. On May 24, 1987, the debtors purchased as their principal residence real property located at 135 Clover Hill Avenue in Bridgeport, Connecticut (the “residence”). To finance the purchase, the debtors gave Comfed Mortgage Co., In...
Views: 1
ORDER ON MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM AND TRUSTEE’S OBJECTION TO CLAIM THIS IS a Chapter 7 case, and the matter under consideration is Net Realty Holding Trust’s (Net Realty) Motion for Allowance of Administrative Expense Claim and the Trustee’s Objection to Claim No. 54 filed by Net Realty. Net Realty seeks an order allowing as an administrative expense its claim in the...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION This is a Chapter 7 case and the matter under consideration is the second phase of a bitter contest between Constance Hall (Plaintiff) and her former husband, Clifford G. Hall (Debtor). In Count I of the Amended Complaint, Mrs. Hall asserted a claim of nondischargeability based on § 523(a)(5) for the sum of $205,153.14 based on a...
Views: 0
OPINION AND ORDER Maria Luisa Contreras, Esq. as an Independent Fiduciary, appointed by the U.S. District Court for the District of Puerto Rico to protect the interests of the Pension Fund of the Teamster’s Union, filed a Motion Requesting Order (docket entry 29). The gist of this request is that Movant needs an order authorizing a Motion for Abandonment filed by the Trustee so it may continue wi...
Views: 0
OPINION This matter came before the court in connection with two motions. Initially, the Unsecured Creditors’ Committee moved before the court to convert the pending chapter 11 proceedings to a chapter 7 liquidation or, in the alternative, to appoint a chapter 11 operating trustee. In addition, Congress Financial Corporation moved before the court to vacate the stay to allow said financia...
Views: 0
OPINION AND ORDER The question in this proceeding is whether the Trustee can avoid Debtor’s prebank-ruptcy sale of his milk quota to Mr. Ernesto Rivera Roura pursuant to the “strong arm” clause of the U.S. Bankruptcy Code, 11 U.S.C. Section 544(a), because under applicable state law delivery was insufficient to pass title. The production and sale of milk in Puerto Rico has been regulated since 197...
Views: 0
OPINION AND ORDER The matter pending before the Court is whether creditors Nelson and Elizabeth Torres are entitled to the payment of interest on Claim # 13, and the applicable interest rate.1 Pursuant to Debtor’s request for a valuation of claim # 13, we held an evidentiary hearing.2 The parties have agreed to the following facts: “a. That on July 22, 1980, Nelson Torres Ruiz and Adrián Bonilla M...
Views: 0
DECISION ON MOTION FOR AN ORDER AUTHORIZING REJECTION AND TERMINATION OF CERTAIN EMPLOYEE BENEFIT AND COMPENSATION AGREEMENTS The above-captioned Chapter 11 debtors have moved pursuant to 11 U.S.C. § 365 to reject and/or terminate the debtors' Executive Medical Plan (the “EMP”). Significantly, the debtors contend that 11 U.S.C. § 1114 does not apply because; (1) the contracts providing for the ...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the Trustee’s Objection to Debtors’ Claim of Exemption of 401k Plan, said objection being filed by the trustee on April 20, 1990. FINDINGS OF FACT Based upon the record and stipulations of the parties, this Court finds as follows: 1. That on February 22, 1990, the debtors, Paul E. James, Jr. and ...
Views: 0
MEMORANDUM OPINION GRANTING MOTION TO MODIFY AUTOMATIC STAY The question presented in this motion to modify automatic stay is whether a creditor's prepetition security interest in a debtor’s inventory and proceeds extends to postpetition inventory and proceeds. The instant motion is entitled “Motion for Relief from Automatic Stay to Permit Setoff,” but Ford Motor Credit Company, the mov-ant, ha...
Views: 0
MEMORANDUM OPINION AND ORDER The Chapter 7 Trustee, RICHARD D. STEFFAN, filed his Amended First and Final Account, Report and Application for Allowances on January 30, 1991, which comes before the court for its disposition. This case was filed under Chapter 11 on February 2, 1983; it was converted to Chapter 7 on October 28, 1985. RICHARD D. STEFFAN was appointed trustee November 22, 1985. At...
Views: 0
OPINION The Department of Veterans’ Affairs (“DVA”) objected to a Chapter 13 plan that proposed to cure a defaulted mortgage after a foreclosure sale. The bankruptcy court confirmed the plan and the DVA appealed. We reverse. FACTS The DVA held a mortgage on debtors’ home and debtors defaulted. A decree of foreclosure was thereafter entered in Oregon state court on July 26, 1989, and a writ ...
Views: 2
MEMORANDUM OPINION DENYING CREDITOR/PLAINTIFF’S MOTION FOR JURY TRIAL ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT FINDINGS OF FACT 1. The instant complaint to determine dischargeability of debt was filed by the plaintiff on April 4, 1989. 2. The complaint alleges that the debt- or, John R. Devitt, was hired by the plaintiff to provide accounting and financial services in the early 19...
Views: 2
MEMORANDUM OPINION GRANTING MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT Maryland National Bank and Loyd L. Warren and Ruby S. Warren filed motions for summary judgment [PP. 42 and 44] in this adversary proceeding on July 24, 1990 and August 3, 1990, respectively. The plaintiffs have not responded to either motion. Both motions for summary judgment will be granted and the instant...
Views: 0
OPINION VOLINN, Bankruptcy Judge: Appellant/debtor Jack Friedman invested in Texas real estate over a period of five years with the assistance of appellee real estate brokers. Friedman became indebted to appellees on a debt secured by a deed of trust to Friedman’s real property. Appel-lees recorded the deed of trust five months after its execution. Appellant filed his Chapter 11 bankruptcy petiti...
Views: 0
MEMORANDUM OPINION This matter comes on the motion of the U.S. Trustee for conversion of this case to a case under Chapter 7 of the Bankruptcy Code. Joining in this motion is the Official Committee of Unsecured Creditors. After hearing and argument on April 2, 1991, the Court makes the following findings of fact and conclusion of law. On December 7, 1990, an involuntary Chapter 7 pet...
Views: 0
MEMORANDUM OPINION DISMISSING COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT FINDINGS OF FACT 1. Robert Weldon Bromley filed a voluntary Chapter 11 bankruptcy petition in this court on March 9, 1989. On November 27, 1989, the case was converted to a liquidation proceeding under Chapter 7. 2. On July 20, 1989, Gary Hutchinson, the plaintiff, filed this complaint against the debt...
Views: 0
OPINION AND ORDER ON MOTION TO REOPEN CASE I. Introduction This matter is before the Court upon the Motion to Reopen Case (“Motion”) filed by Steven Wayne and Vicki Jo Moore, the debtors in this closed Chapter 7 case. The Motion is opposed by Lucas Truck Sales and Hartman’s Truck Center. Following a hearing held on March 22, 1991, the Court took this matter under advisement. *529The Court is veste...
Views: 6
DECISION REGARDING LANDLORD’S LATE CHARGES AND TIMING OF PAYMENT In a prior decision, the court held that the amount owed Annandale Office Center Limited Partnership for administrative rent is fixed by the terms of the lease. 125 B.R. 328. The court now has under consideration the troublesome question whether a late charge of 1% per day, capping at 30%, ought to be allowed the landlord on its a...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on the motion of A.H. Robins Company, Inc. (“Robins”), for summary judgment on its *228 objection to Claim No. 85329-00077 filed by the State Tax Department of West Virginia (“West Virginia” or the “State”). Robins objects to the proof of claim on the basis that West Virginia’s Business and Occupation (“B & 0”) Tax was fou...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the April 2, 1990 hearing on the Trustee’s Objection to Debtors’ Pension Plan Exemption. The debtors, Victor Joseph Hentzen and Christine Anne Hentzen, appeared in person and through their attorney, James E. Kunce. The trustee James S.Willis appeared pro se. FINDINGS OF FACT Based upon the pleadings a...
Views: 0
OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT I. Introduction This proceeding is before the Court following the trial of a complaint filed by Hoffman & Kuhn, Inc., the plaintiff, to determine the dischargeability of a debt owed it by Raymond Branham, the defendant. The Court has jurisdiction to hear this adversary proceeding pursuant to 28 U.S.C. § 1334...
Views: 0
MEMORANDUM OPINION GRANTING MOTION TO DISMISS FINDINGS OF FACT 1. The instant complaint was filed on February 6,1990 by the Official Committee of Unsecured Creditors of Arundel Housing Components, Inc., a Chapter 11 debtor, against Georgia-Pacific Corporation to avoid and recover alleged preferential transfers. 2. The debtor filed its Chapter 11 petition in this Court on Decembe...
Views: 0
MEMORANDUM OF OPINION AND ORDER I. The matters before the Court are the parties' cross-motions for summary judgment in the above-styled adversary proceeding. In this Chapter 7 proceeding, Deborah Ann Pavlik (Plaintiff) caused to be filed a motion for summary judgment which seeks the determination that a certain debt owed by Frank Burdel (Debtor, Defendant) is nondischargeable. In res...
Views: 0
OPINION AND ORDER DETERMINING DISCHARGEABILITY OF DEBT This matter came on for trial upon plaintiff’s complaint to determine dischargeability of tax debt to the United States of America. Upon consideration of the evidence adduced at the trial and the stipulations and oral arguments of the parties, the court finds that said debt should not be discharged. FACTS On June 17,1988, Debtor/plaihti...
Views: 1
MEMORANDUM OPINION At issue before the court is the trustee’s motion to sell a 1969 Jaguar XKE Roadster free and clear of all liens. The First National Bank of Sioux Falls (“Bank”) objects and alleges it has a secured lien on the vehicle. The facts are not disputed and the parties have filed stipulations. The facts before the court are based on these stipulations. On January 17, 1990 the Bank obta...
Views: 0
MEMORANDUM Unicon Construction Company has filed a motion to lift the automatic stay so that it can be allowed a set-off. 11 U.S.C.A. §§ 362(a)(7) & 553(a) (West 1979). Unicon subcontracted earth work, concrete work, and the erection of a metal building to Paul Pack Steel under three separate subcontracts. Each subcontract allowed Unicon to retain part of the purchase price to ...
Views: 0
OPINION This case is before us on both parties’ motions for summary judgment. The issue presented is whether debtor’s income tax obligation for the tax years 1975, 1976, 1977 and 1978 is nondischargeable under 11 U.S.C. § 523(a)(l)(B)(i). We grant the United States’ motion for summary judgment having concluded that the debt is nondis-chargeable. A brief summary of the undisputed material facts ...
Views: 2
MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY GOLDOME REALTY CREDIT CORPORATION AND DISMISSING COMPLAINT Before the debtor filed a voluntary Chapter 7 bankruptcy petition in this Court, the defendant Goldome Realty Credit Corporation, as holder of a deed of trust note executed by the debtor, sold the debtor’s residence at foreclosure and purchased the property. This Court vac...
Views: 0
MEMORANDUM OPINION AND ORDER Two motions are before the court, one brought by The Office of Thrift Supervi *689 sion (“Motion of The Office of Thrift Supervision for Order Under § 365(o) Requiring Debtor to Cure Capital Deficiency Nunc Pro Tunc”) and one by the Resolution Trust Corporation as conservator for First Federal Savings Association of Raleigh and as receiver for Fir...
Views: 0
MEMORANDUM OPINION This matter comes to be heard on the amended motion of the Debtors for a hardship discharge pursuant to 11 U.S.C. § 1328(b) and on the motion of Craig Phelps, as Chapter 13 standing trustee (the “Trustee”), to dismiss the case pursuant to 11 U.S.C. § 1307(c)(6). For the reasons set forth herein, the Court having reviewed the pleadings and the exhibits attached thereto, ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Advance Turbo Products, Inc. (the “debtor”) against Congress Financial Corporation (Florida), First Wall Street SBIC, L.P., Amity Machine Tool Company, Inc., Fleet Credit Corporation, Bernard Machinery, Inc., and the Department of the Treasury-Internal Revenue Service (the “creditors”) to deter...
Views: 0
MEMORANDUM OF DECISION This matter came before the court on Robert Eric Peiffer’s Motion (complaint) *365 for Discharge of Taxes. The debtor took the position that 1981-82 taxes owed to the State of Alabama were excise taxes of the type contemplated in 11 U.S.C. § 507(a)(7)(E) and could be discharged after three years. The defendant, Alabama Department of Revenue, contended t...
Views: 2
MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. The parties have ■ stipulated that this is a “core *574 proceeding” which the Court may hear and enter appropriate judgments pur...
Views: 0
MEMORANDUM Textron Financial Corporation leased business equipment to the debtor, Village Import Enterprises. The debtor has made adequate protection payments to Textron so that it could keep and use the equipment. But now the debtor has ceased operating, a bankruptcy trustee has been appointed, and no one is making the adequate protection payments. Textron has filed a motion asking the c...
Views: 1
MEMORANDUM OF OPINION AND DECISION In this Chapter 11 case of Northeastern Ohio General Hospital Association (NEOGH), the Trustee, William E. Schon-berg, objects to the claim of Ohio Hospital Association (OHA) who responds thereto. Jurisdiction of this core proceeding is authorized by Sections 1334 and 157(b)(2)(B) of Title 28 of the United States Bankruptcy Code. The parties submitted the ma...
Views: 1
*862 OPINION On consideration before the Court is the motion for summary judgment filed by the plaintiff, Eastover Bank for Savings, hereinafter referred to as Eastover; response to said motion having been filed by counsel for the named defendants; and the Court having reviewed the bankruptcy case file, the adversary pleadings, certain discovery materials, and the memoranda of la...
Views: 4
MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT FACTS Plaintiff National Union Fire Insurance Co. (“National Union”) has moved for summary judgment, presenting the issue of whether two state court default judgments against the defendant constitute collateral estoppel on the issue of nondischargeability. The judgments on which National Union relies were taken by its assignor, Emi...
Views: 1
*132 MEMORANDUM OF DECISION ON MOTIONS OF HENRY B. WYNN AND ALBERT WYNN TO DISMISS PETITION FILED UNDER CHAPTER 11 AND TO DISMISS ADVERSARY PROCEEDING Henry B. Wynn and Albert Wynn have moved to dismiss the above-captioned Chapter 11 case and adversary proceeding on the grounds that Debtor’s Chapter 11 petition was filed in bad faith and without proper authority.' The Debtor and Flexco Compan...
Views: 0
OPINION I. Introduction At the hearing on this matter which took place on March 18, 1991, the court determined that the actual costs of the adction should be borne by the secured creditor, Banco Hispano Americano. Additionally, determination was reserved as to whether or not the auctioneer was entitled to a commission from the estate on the sale of shares of stock in an entity known as Phar-maM...
Views: 1
ORDER RE: REMAND RE IRS PRIORITY CLAIM This case appears before the Court on remand from the United States District Court for the Northern District of Iowa. The sole issue for determination is whether certain truck drivers of the debtor were the debtor’s employees or independent contractors for federal income tax purposes in 1985 and part of 1986. The Court having held an evidentiary hear...
Views: 0
*909 .OPINION A. INTRODUCTION On the Trustee’s appeal from this court’s award to him of final compensation of $2,305 in addition to prior interim compensation of $63,521.18 received by the Trustee, the district court remanded this matter to us (1) to review our power to reduce compensation requested by the Trustee sua sponte; (2) to conduct an evidentiary hearing ...
Views: 0
DECISION DEEMING LIENS TO HAVE BEEN PERFECTED WITHIN 90 DAYS FROM THE FILING OF THE PETITION FOR RELIEF This matter comes before this Court by way of an adversary proceeding brought by Sterling Die Casting Co., Inc. (hereinafter “Sterling” or the “Debtor” or “the plaintiff”) against Local 365 UAW Welfare Pension Fund (hereinafter “the Defendant”) to avoid a judicial lien obtained by it on the Deb...
Views: 0
ORDER The act of filing the Chapter 11 bankruptcy petition in this case has presented a very narrow question of law: May a corporation commence a bankruptcy case in Missouri without representation by legal counsel? FINDINGS OF FACT On March 28, 1991 Elshiddi Enterprises, Inc. filed a Voluntary Petition for Reorganization under chapter 11 of title 11 of the United States Code. Th...
Views: 1
*474 MEMORANDUM OPINION Performance Communications, Inc. (“plaintiff”) has brought this adversary action pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Plaintiff seeks to avoid a preference and to recover from defendant First National Bank (“Bank”) the sum of $127,-160.46, which plaintiff paid to Bank in satisfaction of a debt guaranteed by principals of debtor. Bank has fil...
Views: 0
*590 MEMORANDUM DECISION This matter comes before the court on debtor First Alliance Corporation’s (“FAC”) objection to Rancho Bernardo Limited Partnership’s (“RBLP”) claim of damages for termination of a lease. At issue is whether “free rent” provided to FAC under a lease modification letter must be taken into account when calculating the maximum allowable damages pursuant to 11...
Views: 0
OPINION This matter came on for consideration of Plaintiff, Hubbell Steel Corporation's Complaint objecting to discharge pursuant to a regularly scheduled hearing on May 17, 1990, in Tyler, Texas. Also before the Court is a removed state court action filed by Plaintiff, Caroline Cook, alleging various state law violations by Defendants, Hubbell Steel Corporation and Dale Industries. This opinio...
Views: 2
RECONSIDERATION OF ORDER DENYING CONFIRMATION OF CHAPTER 11 PLAN OPINION Background This matter is before us on the Motion of Arthur B. Dilts and M. Joan Dilts doing business as Dilts Electric Company (“Debtors”) for Reconsideration of our Opinion and Order of May 31, 1989, which denied confirmation of the Debtors’ Plan of Reorganization (“Plan”) on the basis that the Plan is not fair and...
Views: 0
OPINION I. Introduction Presently before the court are the motions of John L. Indri, the debtor herein, to avoid a pre-petition lease termination and to extend the time in which to assume or reject the subject lease. For the reasons set forth below, this court has determined that the lease termination was a transfer for purposes of 11 U.S.C. §§ 547, 548. II. Facts The facts necessary ...
Views: 0
MEMORANDUM OPINION This matter comes before this Court upon the complaint of Catheryn Purnell (“plaintiff”) for a determination as to whether her former husband’s obligation in their divorce decree to hold the plaintiff harmless for a $110,769.28 1 tax penalty is nondischargeable under 11 U.S.C. § 523(a)(5)(B) on the basis that it is in the nature of alimony, maintenance or sup...
Views: 0
OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF A DEBT I. PRELIMINARY CONSIDERATIONS First Deposit National Bank (“First Deposit”) filed this adversary proceeding against James and Melinda Houfek on September 17, 1990. In its complaint, First Deposit asserts that its credit card obligation from Melinda Houfek is nondis-chargeable in the Houfeks’ Chapter 7 bankruptcy case pursuant ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for trial on the motion of Ford Consumer Finance Company f/k/a Meritor Credit Corporation (1) for dismissal of these Chapter 13 proceedings, or alternatively for modification of the automatic stay; (2) for an order enjoining Debtors from filing another bankruptcy proceeding within 180-days of dismissal; and (3) for sanctions, presumably...
Views: 2
OPINION On consideration before the court is the complaint to modify the third mortgage encumbering the debtors’ residence; answer to said complaint having been filed by the defendant, Union Mortgage Co., Inc., hereinafter referred to as Union Mortgage; all factual issues having been stipulated by the parties; the Court having received and reviewed memoranda of law submitted by the partie...
Views: 1
OPINION AND ORDER ON MOTION FOR RECONSIDERATION I. Preliminary Matters This matter is before the Court on a motion to reconsider this Court’s November 21, 1990 Opinion and Order dismissing this Chapter 11 case. 121 B.R. 788. Mill Distributors, Inc. and The Louisiana-Pacific Company (“Mill and L.P.”) filed this motion and Oak Brook Apartments of Henrico County, Ltd. (“Debtor”)...
Views: 2
OPINION On consideration before the Court is the motion to compel Guaranty Bank and Trust *233 Co. to make a final accounting and turn over proceeds of the sale of collateral, filed by the United States Attorney for the Northern District of Mississippi, for and on behalf of the Small Business Administration (SBA); response to said motion having been filed by Guaranty Bank and...
Views: 4
ORDER AMENDING AND RESTATING “OPINION AND ORDER DETERMINING NON-CORE STATUS; REPORT AND RECOMMENDATION ON REQUEST OF DEFENDANT SCHAFEROTH CONSTRUCTION COMPANY FOR ABSTENTION; DENIAL OF DISMISSAL AND/OR SUMMARY JUDGMENT” In light of the provisions of Section 309 of The Federal Courts Study Committee Implementation Act of 1990, Public Law 101-650, signed by the President on December 1, 1990...
Views: 0
OPINION On consideration before the Court is the motion to dismiss or, in the alternative, to stay pending arbitration filed by the defendant, A.G. Edwards & Sons, Inc.; response to said motion having been filed by the plaintiff, Jeffery L. Arentson; and the Court having heard and considered same, hereby finds, orders and adjudicates as follows, to-wit: I. The plaintiff/debtor, ...
Views: 1
ORDER GRANTING MOTION TO DISQUALIFY COUNSEL This matter is before the Court on the debtor’s motion seeking to disqualify plain*541tiff’s counsel from representation in this adversary proceeding. The Court has jurisdiction in this matter under 28 U.S.C. § 1334 and the - General Order of Reference previously entered in this district. This is a core proceeding objecting to the debtor’s discharge and ...
Views: 1
OPINION This matter came on for trial pursuant to regular setting. When all parties were present in Court, evidence was adduced and the matter was taken under advisement. The following opinion constitutes the Court’s findings of fact and conclusions of law in accordance with Bankruptcy Rule 7052 and to the extent that any finding of fact is a conclusion of law or conclusion of law is find...
Views: 2
ORDER OVERRULING OBJECTION TO CLAIM OF THOMAS MCFARLAND I. Preliminary Considerations This matter is before the Court on the merits of an objection to the allowance of the claim of Thomas McFarland. The objection was filed by Sara J. Daneman, the duly-appointed successor trustee (“Trustee”) of the Chapter 7 bankruptcy estate of debtor Patricia McFarland. The Court has ju...
Views: 0
OPINION AND ORDER ON MOTION TO EXTEND EXCLUSIVITY PERIOD I. Preliminary Matters This matter is before the Court upon the motion of Montgomery Court Apartments of Ingham County, Ltd. (“Montgomery Court” or “Debtor”) to enlarge the exclusive period within which it may file a plan of reorganization. Greyhound Financial Corporation (“Greyhound”) objected to the motion. At the con...
Views: 0
OPINION AND ORDER ON MOTION FOR RELIEF FROM STAY I. Procedural Background and Jurisdictional Statement This matter is before the Court upon the renewed motion of Goldome Realty Credit Corporation (“Goldome”), seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a). The motion was opposed by the debtor, Northgate Terrace Apartments, Ltd. (“Northgate”). The Court d...
Views: 0
OPINION This matter came on for consideration of the Motion of Debtors, Douglas W. Hancock and Rose Ann Hancock, to Avoid Lien and the Motion of Creditor, Longview Bank and Trust Company, for Relief from the Automatic Stay pursuant to a regularly scheduled hearing on September 12, 1990, in Tyler, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Ba...
Views: 2
OPINION AND ORDER ON SECOND RENEWED MOTION FOR RELIEF FROM STAY AND SCHEDULE FOR' FURTHER HEARING I. Procedural Background This matter is before the Court on a second renewed motion for relief from stay filed by Goldome Realty Credit Corporation (“Goldome”). The debtor, Northgate Terrace Apartments, Ltd., (“Northgate”) opposed the motion and the matter was heard by the Court on March 27, 19...
Views: 0
ORDER DENYING MOTION FOR EXAMINATION OF DEBTOR PURSUANT TO BANKRUPTCY RULE 2004, BUT ORDERING CERTAIN DOCUMENT PRODUCTION This matter is before the Court on a motion, filed by creditors David and Rebecca Ater (“Aters”), seeking to examine debt- or Douglas R. Merritt (“Debtor”) under the provisions of Bankruptcy Rule 2004. The debtor opposed the motion. The debtor filed a petition under Chapter 7 o...
Views: 0
OPINION AND ORDER DENYING THE HUNTINGTON NATIONAL BANK’S MOTION TO DISMISS OR, ALTERNATIVELY, TO ABSTAIN FROM EXERCISING SUBJECT MATTER JUR-' ISDICTION I. Preliminary Considerations This matter is before the Court upon the motion (the “Motion”) of defendant, The Huntington National Bank (“Huntington”), requesting the Court to dismiss this adversary proceeding or, alternatively, to abstain from ex...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the Plaintiffs Motion For Sequestration Of Rents And Cash Collateral And Order Prohibiting Use of Rents And Cash Collateral. In addition there are two other motions related to the above captioned debtor, which are before the Court: 1) The Motion of the Krupp Corporation for Allowance and Payment of Administrative Expenses and Other ...
Views: 2
MEMORANDUM OPINION This case presents questions of feasibility of a plan of reorganization, and “cramdown” treatment of a secured creditor’s claim under the plan. The present dispute is the latest chapter in a pitched battle between the debtor in possession and the secured creditor, Shawmut Bank, N.A., from the time of the chapter 11 filing on May 11, 1990 through the plan confirmation he...
Views: 1
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS is a Chapter 7 case and the matter under consideration is a Motion for Summary Judgment filed by Marilyn Louise Gor-gen (Debtor) in the above-styled adversary proceeding. The adversary proceeding involves a three-count Amended Complaint filed by Robert B. Gorgen, the Debtor’s former husband. The claim set forth in Count I is based on § 523(a)(5) o...
Views: 0
ORDER ON APPLICATION FOR PAYMENT OF ADMINISTRATIVE EXPENSE THESE are confirmed consolidated Chapter 11 cases and the matter under consideration is the Application of Florida Georgia Tractor (Florida Georgia), a creditor in these cases, for an administrative expense pursuant to § 503(b)(3)(D) of the Bankruptcy Code. Florida Georgia seeks to have the attorney fees of Mershon, Sawyer, Johnst...
Views: 1
ORDER ON MOTION FOR RECONSIDERATION OF ORDER DISALLOWING CLAIM OF RICHARD J. PLES-TINA AND QUELAH CORPORATION NORTHWEST SALARY REDUCTION PROFIT-SHARING PLAN THIS CAUSE came on for hearing with notice to all parties in interest to consider the Motion for Reconsideration of Order Disallowing Claim filed by Richard J. Ples-tina (Plestina) and Quelah Corporation Northwest Salary Reduction Pro...
Views: 1
MEMORANDUM ORDER DENYING CONFIRMATION OF PLAN The above-entitled matter came on for hearing before the undersigned on 4th day of April, 1991 on two objections by Charles Brown (the “Objector”) to confirmation of the Debtors’ Chapter 13 plan (the “Plan”). The appearances were as follows:, Thomas Howard for the Objector; Stephen Creasey for J.J. Mickelson, the standing trustee; and H. Merwin Budd...
Views: 3
ORDER ON DEBTOR’S OBJECTION TO CLAIM OF IRS THIS IS a yet-to-be confirmed Chapter 11 case involving Bridget Nichelle Sims (Debtor). The matter under consideration is an Objection filed by the Debtor to the claim of the United States of America filed on behalf of the Internal Revenue Service (Government) in the amount of $168,327.35. The claim of the Government is based on 26 U.S.C. Section 6672 wh...
Views: 0
ORDER ON MOTION FOR SANCTIONS THIS is an adversary proceeding filed in the above-captioned Chapter 7 case by Frederick Gould (Plaintiff) against Laura Brown, d/b/a Brown Janitorial (Debtor). The matter under consideration is the Debt- or’s Motion seeking imposition of sanctions against the Plaintiff. The Court has considered the Motion, together with the record, and finds the facts relevant to a r...
Views: 0
ORDER ON RENEWED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION THIS matter came on for hearing on short notice to consider a Renewed Emergency Motion for Preliminary Injunction filed by Sea Span Publications, Inc. (Sea Span), the Debtor involved in the above-captioned Chapter 11 reorganization case. Sea Span seeks a preliminary injunction against Samuel F. Greneker (Greneker), Holland M. Wa...
Views: 0
DECISION ON MOTION FOR CHANGE OF VENUE Phillip R. White (“White”), the defendant in this adversary proceeding commenced by the Chapter 11 debtor, Thomson McKinnon Securities Inc., has moved for an order pursuant to 28 U.S.C. §§ 1404(a) and 1412, and Bankruptcy Rule 7087, to transfer venue of this action to the Northern District of Texas, Dallas Division. The defendant’s motion was made be...
Views: 2
AMENDED MEMORANDUM OPINION This case is a referred civil action from district court involving allegations that the negligence and intentional misconduct of a bankruptcy trustee caused damage to a principal of the debtor corporation. At a recent pretrial hearing of this case, the parties discussed whether this court has jurisdiction to hear this matter because under 28 U.S.C. § 157(b)(5) o...
Views: 2
INTERLOCUTORY ORDER ON MOTION FOR RELIEF FROM STAY Atlantic Kraft Sales, Inc. (hereafter “movant”) filed a motion for relief from the automatic stay “to effectuate a setoff pursuant to 11 U.S.C. § 553.” In its memorandum in support of its motion, movant said that debtor was indebted to it in the total amount of $1,549,338.54, and that movant had filed a proof of claim in that amount....
Views: 1
MEMORANDUM OPINION AND ORDER The matter presently before the court is the confirmation of the debtors’ Chapter 13 plan of reorganization. A hearing was had on December 12, 1990. Robert Fugal, Esq. appeared on behalf of the debtors. Steven T. McMaster, Esq., Assistant Utah Attorney General, appeared on behalf of the Utah Higher Education Assistance Authority (UHEAA). Barbara W. Richman, th...
Views: 3
*464 OPINION A. INTRODUCTION The instant contested matter presents the issue of whether the corporate Debtor retained ownership of certain equipment which was pledged by a successor corporate entity to a bank, thus rendering the Bank’s alleged security interest in the equipment given by the successor a nullity. We find that the successor’s possession of the equipment merely ...
Views: 1
ORDER In these consolidated adversary proceedings, the Chapter 7 Trustee seeks to set aside a judicial foreclosure of real property located in Oregon in which the Debtor had a legal interest within one year of the filing of the bankruptcy petition. After Answer, the parties have submitted the matter to the Court on Stipulated Facts and Exhibits and have filed briefs in support of their respecti...
Views: 0
ORDER ON MOTION FOR CONTEMPT THIS is a previously closed Chapter 7 liquidation case which has been reopened at the request of Harvey A. Schneider (Debt- or). The matter under consideration is a Motion for Contempt filed by the Debtor who seeks to hold in contempt Connie D. Currey (Ms. Currey), a creditor of the Debtor. In order to put the matter under consideration in proper focus, it should be...
Views: 1
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS is a yet-to-be confirmed Chapter 11 case and the matter under consideration is the amount of default, if any, Jim Walter Resources, Inc. (the Debtor) is required to cure in order to assume a Transportation Agreement (Agreement) with Warrior & Gulf Navigation Company (Warrior & Gulf) pursuant to § 365(b)(1) of the Bankruptcy Code. Both the Debtor ...
Views: 1
DECISION ON MOTION FOR AN ORDER DISMISSING COMPLAINT The trustee in bankruptcy in this voluntary Chapter 7 case filed by the debtor, Joseph L. Grabowski, has commenced an adversary proceeding pursuant to 11 U.S.C. § 363(h) to sell a parcel of developed residential real estate which the trustee claims is owned by the debtor and his nondebtor wife as tenants by the entirety. The debt- or resists th...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT This matter is before the Court on the Motion for Summary Judgment filed by *980 William B. Logan, the duly-appointed Trustee in the Chapter 7 case, and the Memorandum Contra Trustee’s Motion for Summary Judgment and Motion for Summary Judgment filed by Consumer Credit Counseling Service. The Court has jurisdiction over this matter pursua...
Views: 1
OPINION AND ORDER ON MOTION TO REOPEN This matter is before the Court on the Debtor’s Motion to Reopen this case in order to value the security interest of Am-eritrust in the Debtor’s residential real estate, and Ameritrust’s Memorandum Contra thereto. A hearing was held on this Motion on December 17, 1990. Present were Lee Mittman representing the Debtor, and Ralph Dill representing Amer...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court on The Citizens and Southern Bank of Duval County’s (“C & S”) Motion to Prohibit Use of Cash Collateral and the respective Debtors’ Motions for Use of Cash Collateral. 1 A hearing of the motions was held on April 4, 1991, and upon the evidence presented the Court makes the following Findings of Fact and Concl...
Views: 2
OPINION RE JURISDICTION ISSUE Once again, this court must visit the greyness of the statutory framework of *968bankruptcy jurisdiction. The issue before the court is whether this adversary proceeding is a core proceeding, a noncore related proceeding, or a noncore, nonrelat-ed proceeding with respect to the causes of action stated in the complaint.1 PROCEDURAL BACKGROUND Pal Nissan, Inc., the Debt...
Views: 0
OPINION LAURENCE E. HOWARD, Bankruptcy Judge. This matter is before the Court to determine the dischargeability of the Debtors’ obligation to the 7th Probate Court for the County of Charlevoix, pursuant to 11 U.S.C. § 523(a)(5). For the reasons stated below, the debt is declared to be discharge-able. FACTS The facts in this case are not in dispute. This case was scheduled for trial on Feb...
Views: 0
MEMORANDUM OF OPINION ON OBJECTIONS TO DISCHARGE Banc One, Texas, N.A. (Banc One) objected to the discharge of Mary Lou Braymer (Debtor) under § 727(a)(3) and (4) which read as follows: (a) The court shall grant the debtor a discharge, unless— (3) the debtor has concealed, destroyed,- mutilated, falsified, or failed to keep or preserve any recorded information, including books, ...
Views: 1
DECISION GRANTING IN PART AND DENYING IN PART RTC’S MOTION FOR SUMMARY JUDGMENT Under the court’s consideration is the motion filed by the Resolution Trust Corporation (“RTC”), receiver for Baltimore Federal Financial, F.S.A. (“BFF”), seeking summary judgment as to all counts of the Complaint filed by 1301 Connecticut Avenue Associates (“Associates”). Associates commenced this adversary p...
Views: 0
DECISION AND ORDER ON MOTION OF PLAINTIFF TO STRIKE CROSS CLAIMS AND COUNTERCLAIMS CAME ON for consideration the joint motion of Bettina M. Whyte (“Fiscal Agent/Trustee”), Merlin Express Inc. (“Merlin”) and Fairchild Gen-Aero, Inc. (“Gen-Aero”) to strike or dismiss the Counterclaims filed by GMF Investments, Inc. (“GMF”), Metro Aviation, Inc. (“Metro”) and Morgan Spectrum, Inc. (“Morgan”) (collec...
Views: 0
MEMORANDUM OPINION Historic Macon Station Limited Partnership, Debtor, Movant, filed a “Motion for Disqualification” on March 25,1991.1 Mov-ant asks this Court to disqualify John W. Griffin and the law firm of Troutman, Sanders, Lockerman & Ashmore (“Trout-man, Sanders”) from representing Georgia Power Company and Piedmont-Forrest Corporation, Respondents.2 A hearing was held on April 2, 1991. Th...
Views: 0
MEMORANDUM OF DECISION In this involuntary bankruptcy proceeding, the debtor, Thomas Ferrante (“Fer-rante”), has moved to disqualify the law firm of Richardson & Troubh, counsel for Emery-Waterhouse Co. (“Emery-Water-house”), the petitioning creditor. Ferrante asserts that, because he is a former client of that firm, it may not now represent Emery-Waterhouse against him. For the reas...
Views: 1
MEMORANDUM OF OPINION ON CLAIM OF PHILIP R. RUSS The Bankruptcy Trustees1 in the captioned cases objected to a secured claim filed by Philip R. Russ (Russ) for the following reasons: A. That the applicable statute of limitations barred Russ from exercising his claim on a note and mortgage executed by the Debtors. The court finds that Russ may pursue his claim on the mortgage in this bankruptcy pro...
Views: 1
ORDER DENYING MOTION FOR NEW TRIAL CAME ON for consideration the motion of Defendant for New Trial. Upon consideration thereof, the court finds and concludes that the motion should be denied. On March 12, 1991, this court’s judgment denying discharge to the defendant, David M. Swift, was entered on the docket. Defendant now seeks a new trial, pursuant to Bankruptcy Rule 9023, chargin...
Views: 1
AMENDED OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION This preference and fraudulent conveyance action presents the issue of whether the contract between the parties, relating to distribution rights in three motion picture films, is an option contract or a conditional sales contract. If it is a conditional sales contract, the Court must determine whether the creditor ...
Views: 1
MEMORANDUM DECISION CAME ON for consideration the Motion of NCNB Texas National Bank for Relief From Stay Against Property of the Estate and the objection filed thereto by the Debt- or Nellie B. Fields. This decision is entered with respect to that motion. JURISDICTION This court has original subject matter jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b). This matter...
Views: 0
OPINION A. INTRODUCTION Before us is the request of RICHARD BUICK, INC. (“the Debtor”) that we confirm its First Amended Plan of Reorganization (“the Plan”), despite the presence of a critical adverse vote and Objections to confirmation by GENERAL MOTORS ACCEPTANCE CORPORATION (“GMAC”), the Debtor’s principal secured creditor. We find that the ballot and Objections of GMAC were not t...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the Debtor’s motion to add a debt and allow a late claim to be filed by his former spouse, Barbara Weissman (“Ms. Weiss-man”). Ms. Weissman has objected to the relief sought by the Debtor. For the reasons set forth herein, the Court denies the motion to allow the late claim, although the Debtor's Chapter 13 statement will be amended...
Views: 2
MEMORANDUM OPINION This case and its collateral matters have traveled a long and tortuous path beginning with debtor’s conviction in the U.S. District Court of bankruptcy fraud, traveling through proceeding wherein debtor, inter alia, was denied a discharge as a result of many and various egregious actions. This is an action by the Chapter 7 trustee to recover the value of...
Views: 0
DECISION ON DEBTOR’S MOTION FOR VALUATION AND CREDITOR’S MOTION TO ANNUL OR MODIFY STAY CAME ON for hearing the motion of Debtor for Valuation, and the motion of creditor to Annul or Modify Stay. Upon consideration of these motions, the court enters this memorandum of decision thereon. After efforts to negotiate a compromise of Mesa Business Park Partnership’s first lien indebtedness...
Views: 1
OPINION A. INTRODUCTION The instant adversary proceeding presents two questions relating to the ef-feet of invocation of 11 U.S.C. § 506(a), (d) upon a federal tax lien concerning which no proof of claim has been filed: (1) May a debtor utilize 11 U.S.C. § 506(a), (d) to bifurcate a secured creditor’s interest in the estate’s interest in property when no proof of claim has been filed...
Views: 0
MEMORANDUM DECISION AND ORDER CAME ON for hearing the motion of Debtor for Sanctions against the United States, Internal Revenue Service (“IRS/Service”) for Violation of the Automatic and Co-Debtor Stays. Upon consideration thereof, the court now enters this memorandum decision and order thereon. JURISDICTION This matter is before the court on a motion brought under Sections 362...
Views: 0
OPINION This is an adversary proceeding seeking recovery of alleged preferential transfers and the matters under consideration are joint motions for summary judgment. *998 The relevant facts, as stipulated are as follows. The Debtor, Helen Gallagher Enterprises, Inc., sold gift items at retail and maintained retail outlets nationwide. Francis E. Giamette and Dolores A. Giame...
Views: 0
MEMORANDUM OPINION The issue before the court is whether a tax imposed on C-T of Virginia, Inc., the debtor, pursuant to 26 U.S.C. § 4980 is entitled to priority under section 507 of the Bankruptcy Code. If the obligation is properly categorized as an excise tax or as a pecuniary penalty, it will be entitled to priority status pursuant to 11 U.S.C. § 507(a)(7)(E) or (G) and must be paid i...
Views: 0
DECISION This case centers upon § 523(a)(8) 1 of the Bankruptcy Code. It requires a ruling on whether two educational loans obtained by the debtor, Rosealyn D. Gremler, are dischargeable. An educational loan is nondischargeable unless such exception to discharge will impose an undue hardship upon the debtor or unless the educational loan first became due more than five years be...
Views: 0
OPINION This matter came before the court upon the defendants’ motion to dismiss and the plaintiffs motion for summary judgment. The defendants are represented by Daniel Rosenhouse, Assistant Attorney General for the State and the plaintiff is represented by Michael R. Blaskowsky and Todd Trierweiler both of Portland, Oregon. The complaint herein alleges that, after the plaintiff fil...
Views: 0
SUPPLEMENTAL OPINION In this case this court entered an order confirming the debtor’s Chapter 13 Plan. Thereafter the court entered its opinion, April 7, 1989, 98 B.R. 523 (Bankr.Or.1989) and an order of that same date overruling objections to confirmation. This latter order was appealed by a creditor, Terry J. *258Serdy. The appeal was heard by the Bankruptcy Appellate Panel for the Ninth Circui...
Views: 1
126 B.R. 584 (1991) In re John McGregor FULKROD, Debtor. John McGregor FULKROD, Appellant, v. Edmund R. BARMETTLER, Trustee, Appellee. BAP No. NV-89-1919-ORMe, Bankruptcy No. 88-0707. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted January 24, 1991. Decided April 29, 1991. *585 Daniel S. Corder, Reno, Nev., for appellant. John White, Jr., Reno, Nev., for appell...
Views: 1
*398 OPINION AND ORDER I. This matter is before the Court upon a motion, filed by Roger S. Talmage, Anthony Del Col and John M. Tarquinio (collectively referred to as the “Moving Defendants”), to dismiss them as defendants in this adversary proceeding. The motion is opposed by the plaintiff, Gary B. Gitlitz (“Debtor”). On November 23, 1987, the Debtor commenced this adv...
Views: 2
ORDER In this Chapter 12 case, secured creditors, John Hancock Mutual Life Insurance Company (Hancock), Leonard Semenza and Farmers State Bank of Conrad (Bank) have filed Motions to Dismiss this case and the Chapter 12 Plan on grounds of lack of good faith. Hearing has been held on the Motions and the matter is ripe for decision. This good faith issue involves serial filings by the Debtor, wh...
Views: 0
OPINION Three related matters are before the court for consideration: (1) a motion by the Chapter 7 trustee to set aside the court’s previous order dated October 18, 1988 allowing Deposit Guaranty National Bank to file a claim, (2) a motion by Trustmark National Bank for reconsideration of the court’s order dated September 1, 1988 allowing claims filed by the Bank of Mississippi, and (3) a motion ...
Views: 0
OPINION The appellee filed an adversary proceeding alleging that certain payments made to the appellant, UIC, Inc. (“UIC”), 1 within ninety days prior to the debtor’s bankruptcy were preferential transfers under 11 U.S.C. § 547(b). 2 UIC contended that the payments were not preferential because they were payments in the ordinary course of business under section 547(c...
Views: 0
MEMORANDUM DECISION AND ORDER DENYING CONFIRMATION OF PLAN This Chapter 13 Petition was filed on February 21, 1990. At that time, Debtors had scheduled unsecured debts of $94,-672.10 and secured debts of $100,909.17. The scheduled unsecured debts includes taxes in the amount of $49,254.35 owed to the Internal Revenue Service (“IRS”). Debtors claims that these taxes are dis-chargeable. ...
Views: 2
MEMORANDUM DECISION RE: SANCTIONS This Memorandum Decision deals with several motions to impose sanctions against Pioneer Lumber Treating, Inc. (“Debtor”) and Mark R. Thomason (“Mr. Thomason”) the counsel who filed Debtor’s petition in Bankruptcy. This Court has jurisdiction over the matter and the parties pursuant to 28 U.S.C. § 1334 and 28 U.S.C. § 157. Several days of hearing were...
Views: 0
ORDER The matter before the Court is the Motion of David Rowland for an extension of time to file a notice of appeal pursuant to Bankr.R. 8002(c). On December 6, 1990, this Court entered an Order overruling Rowland’s Application for Reconsideration of a prior order regarding the assumption of a contract involving rights under one of Rowland’s patents. On December 21,1990, Rowland filed hi...
Views: 0
*223 ORDER This matter is before the court on its own Order to Show Cause issued sua sponte on March 18, 1991, directing the Debtor to appear and show cause why his Chapter 7 Petition should not be dismissed pursuant to the substantial abuse provision of section 707(b) of the Bankruptcy Code. In addition to appearing and testifying at a hearing held on April 23, 1991, the Debtor ...
Views: 0
MEMORANDUM OPINION I. PRELIMINARY STATEMENT AND FACTS This adversary proceeding, which was initiated in State Court and removed to this *385 Court, is now before the Court upon Plaintiffs Motion for Remand and Plaintiffs Motion for Abstention. The issue here is this Court’s jurisdiction to hear the present matter. Specifically, this Court must make three determinations: ...
Views: 0
MEMORANDUM OPINION This is an adversary proceeding to determine the validity of claims against the debtor, Waddell Jenmar Securities, Inc. The trial was held on April 18, 19, 22 and 23, 1991, in Raleigh, North Carolina. JURISDICTION On April 10, 1989, the United States District Court for the Middle District of North Carolina entered an order adjudicating that the customers of Wa...
Views: 0
MEMORANDUM OPINION The matter before the Court is the Motion of the Debtor-in-Possession (“DIP”) for an order releasing an administrative hold or in the alternative to use cash collateral and this Court’s November 5, 1990 Order granting a replacement lien subject to further consideration. For the reasons stated below, the Motion will be taken as a motion to use cash collateral, and it is ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on to be heard before this Court on Monday, January 7, 1991 and on February 14, 1991 on the Motion of William Archer (“Archer”) for payment of administrative rent (“the Motion”). The Court has reviewed the Motion, considered exhibits admitted in evidence and heard testimony of witnesses for Archer and Sun Bank, N.A., (“Sun Bank” or “...
Views: 0
MEMORANDUM OPINION This matter came before the Court for final hearing on Mariner Hotel Corporation’s first amended motion for relief for custodian and other entities with respect to turnover. ABQ Bank and the debtor objected to the motion. At the commencement of the hearing, counsel informed the Court that a stipulation had been reached in regard to some of the matters in the motion, but...
Views: 2
FINAL SUMMARY JUDGMENT FOR AMERICAN NATIONAL BANK THIS CAUSE came before the Court for hearing on November 26, 1990, upon Defendant American National Bank N.A.’s Motion for Summary Judgment as to Counts V, VI and VIII of the Trustee’s Complaint seeking to set aside principal and interest payments to American National Bank (Defendant) as a preference under 11 U.S.C. § 547(b). The Court considere...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court on November 28, 1990 on Plaintiff’s Complaint to Determine Dischargeability of Debt. The Court has reviewed the relevant pleadings, has heard argument from counsel and makes the following findings of fact and conclusions of law. FINDINGS OF FACT None of the Defendants filed a responsive pleading to the Complaint. In a...
Views: 0
MEMORANDUM OF DECISION This matter came before the court on Creditor and Movant, Rent-A-Center’s Statement of Claim and Motion to Terminate the Section 362(a) Stay, as well as its Objection to Confirmation of the Shelbys’ Chapter 13 plan. Rent-A-Center’s motion and objection sought to have the court declare that a 78-week contract that conveyed possession of a color television to the debt...
Views: 0
MEMORANDUM OPINION Thomas E. Cotton, Debtor, filed a petition under Chapter 12 of the Bankruptcy Code on June 5, 1989. Bank South, N.A., filed an “Objection to Withdrawal of Debt- or’s Motion for Approval of Compromise and Settlement of Claims Between the Debtor and Bank South, N.A. and Request for Specific Performance of Settlement Agreement” on January 30, 1991. A hearing was held on Ma...
Views: 2
MEMORANDUM OPINION In this contested matter the debtor’s former wife, Carolyn Gautier-Adams, filed a motion seeking relief from the automatic stay so that she might pursue collection of a prepetition divorce judgment against the debtor. A preliminary hearing was held on September 12, 1990, at which time the court took evidence and ruled that the motion would be granted in part and denied in p...
Views: 1
MEMORANDUM DECISION ON TANDY CREDIT CORPORATION’S APPLICATION FOR ORDER DIRECTING TRUSTEE OR DEBTOR TO DELIVER POSSESSION OF CONSUMER GOODS THIS CAUSE came on before the Court on April 29, 1991 upon Tandy Credit Corporation’s (hereinafter referred to as Tandy) Application for Order Directing Trustee or Debtor to Deliver Possession of Consumer Goods (hereinafter referred to as the Application). Th...
Views: 1
DECISION AND ORDER The issue for decision is whether the debtors may amend their exemptions after conversion of their case from Chapter 13 to Chapter 7 and take advantage of a change in the Virginia poor debtor’s exemption statute that became effective after the filing of their Chapter 13 petition but before their conversion to Chapter 7. The debtors filed their petition under Chapte...
Views: 1
MEMORANDUM AND ORDER ON REMAND THIS MATTER came before the Court on February 20, 1991, at which time the Court heard oral argument of counsel for the parties on the motion of Paul C. Nord-berg, the Creditor Trustee of the Estate of the Debtor, for (1) an order fixing the amount of prejudgment interest to be paid by Arab Banking Corporation (“ABC”) on two voidable preferences totalling $1,...
Views: 0
ORDER GRANTING MOTION TO DISMISS THE MOTION TO SURCHARGE SECURED CREDITORS This cause came before the Court for hearing on March 4,1991, at 9:45 a.m. upon the Motion to Surcharge Secured Creditors and upon Chrysler Credit Corporation’s Motion to Dismiss the Motion to Surcharge Secured Creditors. The Court has reviewed the motions and memoranda of law submitted by both Chrysler Credit Corp...
Views: 0
DECISION ON MOTION TO DISMISS OR DETERMINATION AND SEGREGATION OF CASH COLLATERAL Roosevelt Savings Bank (the “Bank”) moves this Court for an order dismissing this Chapter 11 case or in the alternative for an order determining that rentals for 217-04 Northern Boulevard, Bayside, New York (the “Northern Boulevard Property”) and 199-03 32nd Avenue, Bayside, New York (the “32nd Avenue Property”, c...
Views: 0
MEMORANDUM OPINION Debtor, pursuant to 11 U.S.C. § 522, has filed a Complaint, Adversary Proceeding No. 90-4019, against the Bank of Cabot (Bank) and the Chapter 7 Trustee seeking to avoid a transfer. He seeks to set aside a state court Commissioner’s sale held September 25, 1989. He also seeks to avoid the Bank’s judicial lien on certain properties. Finally, he seeks possession of certain of the...
Views: 0
MEMORANDUM OPINION This contested matter involves a motion by the debtor, James Craig Wall, to avoid judicial liens of Central Fidelity Bank (“Central Fidelity”) and Atlas Architectural Metals, Inc. (“Atlas”). Hearing was held on November 1, 1990, on the debtor’s motion for default judgment. The court took the motion under advisement and allowed the parties to file memoranda. After the hearing ...
Views: 0
MEMORANDUM OPINION The debtor, Cardian Mortgage Corporation, objects to claims filed in its chapter 11 case by Rowe Development Co. and HBH Property Co. A hearing was held on each of the objections. After consideration of the arguments of counsel the court denies the debtor’s objections to the claims. Facts The facts are not at issue. Cardian filed a chapter 11 petition on J...
Views: 1
MEMORANDUM OPINION Now before the Court is a Complaint to set aside a preferential transfer filed by the debtor-in-possession, Madcat Two, Inc. (“Madcat”), in this Chapter 11 proceeding. The Complaint was set for trial November 15, 1990. On that date the debtor appeared by counsel, Jack Sims, Esq., and the Defendant, Commercial National Bank of Shreveport, Louisiana (“Bank”), appeared by ...
Views: 1
ORDER DENYING THE MOTION OF BOATMAN’S NATIONAL BANK OF ST. LOUIS TO DISMISS DEBTOR’S MOTION FOR VALUATION OF THE LAKEWOOD VILLAGE SHOPPING PARK On March 21, 1991, the debtor, The Crestwood Company, filed a Motion for *214 Valuation of Lakewood Village Shopping Park (“Lakewood Village”). The valuation Motion is set for hearing May 23,1991. On March 28, 1991, Boatman’s National Bank of St. Loui...
Views: 0
MEMORANDUM OPINION Rooster, Inc. (“Rooster”), the debtor, brought this adversary proceeding against the defendant, Raphael Roy, S.R.L. (“Raphael Roy”) to recover two payments made by Rooster to Raphael Roy shortly before Rooster filed a voluntary petition in bank *563 ruptcy. Rooster is a Pennsylvania corporation formerly in the business of manufacturing men’s neckties. It fi...
Views: 3
MEMORANDUM OPINION Now before the Court is an Objection to Dischargeability of Debt filed by separate debtor, Donald Meek, in the above adversary proceeding. This adversary proceeding was filed after the debtor filed a Motion to Reopen his closed Chapter 7 case. He received a discharge on November 27, 1989. He asserts a debt owed to the Defendants was discharged in that case. The matter came on...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the application of Thomas P. Pumpelly for payment of compensation. An evidentiary hearing was held on October 11, 1990. For reasons stated below, the application must be denied. Facts The debtor, U.S. Jet, Inc., is an aviation corporation that is a debtor in possession in this voluntary chapter 11 case. In seeking to a...
Views: 0
ORDER DENYING MOTION TO TRANSFER CHAPTER 11 BANKRUPTCY CASE OF STRATEGIC INDUSTRIES, INC. FROM TEXAS TO ARKANSAS A Motion filed by National Bank of Commerce (Bank) to transfer the Chapter 11 bankruptcy case of Strategic Industries, Inc., a Texas Corporation (Strategic), from Texas to Arkansas pursuant to Rule 1014(b) of the Rules of Bankruptcy Procedure is before the Court. A countermotion to tra...
Views: 0
MEMORANDUM I. PROCEDURAL HISTORY On March 10, 1989, Financial Equity Service, Inc. (“FES” or the “Debtor”), filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. FES operated as a debtor-in-possession for approximately eight months. On November 21, 1989, Stephen S. Gray was appointed the Chapter 11 Trustee (the “Trustee”) of FES. He initiated the above captione...
Views: 1
AMENDED DECISION ON APPLICATIONS FOR COMPENSATION FOR MICHAEL, BEST & FRIEDRICH BASICS This Decision pertains to all fee applications of Michael, Best & Friedrich (“MB & F”). Since this case was commenced on December 5, 1988, MB & F has represented the debtor, Hutter Construction Co., Inc. (“HCCI”). It also represented two other related Chapter 11 debtors, THCC Corp. (“THCC”) and Acq...
Views: 0
OPINION The principal issue raised in this case is whether there is a “new value” exception to the absolute priority rule of section 1129(b)(2)(B) of the Bankruptcy Code. I conclude that no such exception exists. Because Debtor cannot confirm a plan of reorganization unless there is a new value exception, Debtor’s motion for use of cash collateral is denied, and secured credito...
Views: 2
MEMORANDUM OPINION AND ORDER I. JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a proceeding pursuant to 28 U.S.C. § 157(b)(1), which the Court may hear and determine. II. BACKGROUND On...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS CAUSE came on for final eviden-tiary hearing upon Plaintiffs’, James H. Rion and Juanita Rion’s, Complaints Seeking Exception to Discharge. The Court reviewed the record, heard testimony and argument of counsel, and finds the relevant facts as follows: In 1974 the Rions obtained a money judgment against Debtors/Defendants, Anita L. ...
Views: 0
MEMORANDUM ON MOTION OF U.S. TRUSTEE TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT ON THE RENEWED MOTION FOR SANCTIONS AGAINST THE U.S. TRUSTEE The “Motion of the United States Trustee to Dismiss, or in the Alternative for Summary Judgment on the Renewed Motion for Sanctions Against the U.S. Trustee” (the “Motion”) [Application for Fees Docket (“Docket”) No. 1295] came before the Court for ...
Views: 0
DECISION ON COMPLAINT OBJECTING TO DISCHARGEABILITY OF DEBT This is an adversary proceeding brought by Elizabeth Farina (“Farina” or “Plaintiff”) against Gerald Balzano (“Balzano” or “Defendant”) to have her claim declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) or, in the alternative, under 11 U.S.C. § 523(a)(4). Having reviewed, weighed and considered the amended pleadings...
Views: 1
ORDER DENYING CREDITOR’S MOTION TO LIFT STAY AND GRANTING DEBTORS’ MOTION TO VALUE REAL ESTATE The parties were before the Court April 3, 1991 on a motion by Jim Walter Homes, Inc. [Jim Walter] for relief of stay regarding property of the Debtors on which Jim Walter had constructed the shell of a residence. Also being considered by the Court was a motion by the Debtors for determination of the val...
Views: 0
DECISION AND ORDER Heard on February 5, 1991 on the Complaint of D.A.D. Restaurant, Inc. (D.A.D.) to allow the transfer of Debtor’s liquor license to D.A.D., and on the objection of the Rhode Island State Tax Administrator (Administrator). At the outset, a little background is in order. On December 21, 1991, the Chapter 7 Trustee filed a Notice of Intended Sale of the liquor license....
Views: 1
MEMORANDUM OPINION Debtors filed an objection to the claims of Victoria Mortgage Company. Debtors contend that the claims are $953.54 excessive because said amount represents reinstatement costs which are not properly chargeable to them by the terms of their promissory note and deed of trust. The disputed $953.54 breaks down as follows: Prior Accrued Late Charges $ 9.24 Certified Mail 8.00 Trustee...
Views: 0
MEMORANDUM OF OPINION The Debtors filed the petition commencing this chapter 13 case on February 11, 1991. The petition did not include their chapter 13 statement and schedules or their reorganization plan. On February 28, 1991 the Court entered an order on the Debtors to appear on March 12, 1991 to show cause why their case should not be dismissed because of their failure to file their p...
Views: 1
MEMORANDUM AND DECISION This matter is before the Court on the Motion of Gary Craft requesting relief from the automatic stay to pursue a State Court action for specific performance of an option to purchase real property. In 1984, George Maier, the Debtor, leased his 95 acre farm to Gary Craft for a one year term with annual options to renew. The renewal options could be exercised a ...
Views: 1
DECISION AND ORDER This Chapter 11 case was filed on December 20, 1990, and the matter presently before the Court was heard on February 11, 12, 21, 22, and March 1,1991, on the consolidated Motions of Fleet National Bank (Fleet) and of N. Paul Doyle, Sheila J. Doyle, and Mary P. Sisson (the Doyles, and collectively, the Movants) for Relief From Stay. 11 U.S.C. § 362(d). *2 The Chapter 11 De...
Views: 0
MEMORANDUM At issue in this adversary proceeding is which of the two cross-claimants, United *831 States Department of Energy (DOE) or the Chapter 7 trustee, John P. Newton, Jr., is entitled to a $2,000,000 escrow fund on deposit in Anderson County Bank. Additionally, the trustee and DOE seek a determination of whether DOE is entitled to interest earned on the $2,000,000 subs...
Views: 1
ORDER WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction Wasserstein Perella & Co., Inc. (“WP & Co.”) has moved for an order disqualifying the Examiner, Sandra E. Mayerson, and *634 her counsel, Kelley Drye & Warren (“KDW”), in these proceedings, on the grounds that they are not “disinterested persons” under the Bankruptcy Code and have a conflict of interest ...
Views: 0
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT THIS CAUSE came on for hearing upon Plaintiff Raymond James & Associates, Inc.’s Motion for Summary Judgment on the Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6). The Court reviewed the Motion, the affidavit in support of Plaintiff’s Motion, the transcript ...
Views: 1
MEMORANDUM OPINION The issue in this case is whether Fern-dale Grain, a creditor who supplied the debtors with feed for their cattle, has a valid preparer lien pursuant to RCW 60.13.-030 et seq. FACTS The debtors, dairy farmers, filed this chapter 11 case on March 18, 1991. On the date of filing, the debtors owed Seattle-First National Bank, which financed their operation, the sum of $307,000. The...
Views: 1
OPINION A. INTRODUCTION At issue is whether an obligation of the Debtor arising out of a criminal sentence of restitution is a “contingent” debt, the gross balance of which should be counted in determining whether the Debtor meets the debt ceiling limitation for filing a Chapter 13 bankruptcy case set forth in 11 U.S.C. *576 § 109(e). We reject the Debtor’s contentions t...
Views: 1
MEMORANDUM OF OPINION ON OBJECTION TO THE CLAIM OF PACCOM LEASING Daniel D. McDaniel and Julia B. McDaniel (McDaniels) objected to the claim of Paccom Leasing Corporation (Paccom). The court allows Paccom’s claim for $160,-000.00. FACTS On January 4, 1990 the McDaniels filed for relief under Chapter 11 of the Bankruptcy Code. The court confirmed their plan of reorganization by order entered Septe...
Views: 1
OPINION The debtors Robert and Rosemary Jensen (“Jensens”) appeal the bankruptcy court’s grant of summary judgment in favor of the State of California Department of Health Services (“DHS”), the California counterpart to the federal Environmental Protection Agency, upon the parties’ cross-motions for summary judgment. We reverse. INTRODUCTION AND FACTS The Jensens individually wh...
Views: 1
ORDER AND NOTICE OF PRE-TRIAL CONFERENCE On this 1st day of May, 1991, the Motion for Reconsideration and Brief in Support Thereof filed by the Plaintiff herein on January 22, 1991 (Docket Entry No. 84), as well as the Response and Objection thereto filed by Defendant Northwest National Bank (“Northwest”) on February 8, 1991 (Docket Entry No. 87) with Brief in Support (Docket Entry No. 88...
Views: 0
MEMORANDUM ORDER The above-entitled matter came on for hearing before the undersigned on the 15th day of March, 1991 on the United States Trustee’s motion to convert or to dismiss this Chapter 11 case for failure to answer questions at the meeting of creditors held pursuant to 11 U.S.C. § 341. The appearances were as follows: Andrew Schmid for the United States Trustee; Roylene Cham-peaux for t...
Views: 1
ORDER DENYING CONFIRMATION This case came on for hearing on the objections of the Internal Revenue Service and the Minnesota Department of Revenue to confirmation of the debtors’ Chapter 13 plan. Kenneth E. Keate appeared on behalf of the debtors. Douglas Hinds, Special Assistant United States Attorney, appeared on behalf of the Internal Revenue Service and Thomas K. Overton, Special Assi...
Views: 0
ORDER On this 10th day of May, 1991, this Court considered the Order of the United States District Court for the Eastern District of Oklahoma entered March 18, 1991, which reversed this Court’s Order of September 5, 1990, 120 B.R. 203, and remanded this matter to this Court for further proceedings consistent with the District Court’s Order. Specifically, the District Court instructed this...
Views: 0
MEMORANDUM OF OPINION ON REVOCATION OF DISCHARGE Floyd Holder, the Trustee-in-Bankruptcy (Trustee) in the James R. Bennett and wife, Sandra Annette Bennett (Debtors) case seeks both a judgment against them and to revoke their discharge under § 727(d)(2) of the Bankruptcy Code 1 which reads as follows: On request of the trustee, a creditor, or the United States Trustee, and after notice and ...
Views: 0
MEMORANDUM OPINION Debtor, C Tek Software, Inc., initiated an adversary proceeding against certain creditors to determine the validity, extent, or priority of certain liens. In an earlier opinion, I decided that New York State Business Venture Partnership (“NYSBVP”) had a perfected security interest in the computer software ClienTrak. See In re C Tek Software, Inc., 117 B.R. 76...
Views: 0
MEMORANDUM OPINION This matter is before the Court upon a motion for clarification by three veterinarians, Drs. William L. Amoroso, III, Steven *358Melman, and Daniel C. Nególa (collectively, the “Purchasers”), as to the ownership of approximately 95 stainless steel animal cages (the “Cages”) which they purchased at a trustee’s sale of assets conducted on July 3, 1990 (the “Trustee’s Sale”). On Ju...
Views: 0
MEMORANDUM OPINION Debtor is the operator of an apartment complex that filed for reorganization under Chapter 11 in 1989 in the Central District of California, had the case transferred to this district, was confirmed in 1990 and now returns in 1991 seeking an accounting, additional credit on its debt, and permission to use money heretofore paid by it to Travelers Insurance Company (Travelers). Tra...
Views: 0
MEMORANDUM OPINION This adversary raises the issue of whether the court may decide by way of complaint for declaratory judgment the applicable statute of limitations on a prospective, unfiled fraudulent conveyance action. Plaintiff Maryland National Bank (MNB) is the major secured creditor of Busy Beaver Building Centers, Inc. (Debtor). Plaintiff seeks a declaratory judgment that the two-...
Views: 0
MEMORANDUM OPINION AND ORDER ON ROLLINS’ MOTION FOR SUMMARY JUDGMENT AND ON TRUSTEE’S MOTION TO STRIKE AFFIDAVIT In this adversary proceeding, the Chapter 11 Trustee seeks to avoid as preferential transfers payments made by the debtor to the defendant Rollins Cotton Company (“Rollins”) in the amount of $22,-028,569.52. Rollins answered and filed a third party complaint against Bankers Tru...
Views: 1
OPINION Before the Court is a motion by Parviz Lavi, a/k/a Pierre Lavi (“Lavi”) seeking delivery of $11,100 currently in the possession of Anderson, Kill, Olick & Oshinsky (“AKO & O”). AKO & 0 is both the law firm representing Portjeff Development Corp. (“Portjeff”), the Debtor in this Chapter 11 proceeding, and the successor Escrow Agent under the “Purchase Agreement” underlying the present moti...
Views: 0
MEMORANDUM OPINION ON DENIAL OF DISCHARGE Harvey L. Morton, Trustee-in-Bankruptcy (Trustee) and Texas Commerce Bank, San Angelo; N.A. (TCB) object to receipt of a discharge in bankruptcy by Olen Dreyer (Mr. Dreyer) under § 727(a) of the Bankruptcy Code. 1 Mr. Dreyer contended that although he made some mistakes in handling this case, his acts and conduct were not fraudulent and...
Views: 1
MEMORANDUM OPINION AND ORDER ON U.S. TRUSTEE’S OBJECTION TO DEBTOR’S EMPLOYMENT OF DEARBORN & EWING The debtor filed his voluntary Chapter 11 petition on February 5, 1991, with the petition signed by the debtor and by John S. Hicks of the firm of Dearborn & Ewing as attorneys. On the same date, the debtor filed his application to employ Dearborn & Ewing, pursuant to 11 U.S.C. § 327 and Ba...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the Motion of the Debtor to Reconsider the Court’s Order of March 3, 1991. Attorney Philip H. Hart represents the Debtor. Attorney Mary P. Gorman represents the Chapter 13 Trustee. *420 The essential facts are that the Debtor successfully objected to a proof of claim filed by an unsecured creditor, and several other unsecured creditor...
Views: 1
MEMORANDUM OPINION On April 16, 1991, this Court took under advisement an Application for Authority to Employ Counsel Under a General Retainer filed on December 24, 1990 by Huntmar Beaumeade I Limited Partnership (“Hunt-mar”), as well as a similar application filed on January 17, 1991 by Umbrella One Limited Partnership (“Umbrella One”). For the reasons stated herein, this Court denies bo...
Views: 0
MEMORANDUM On March 14, 1991, 200 Walnut Associates, the landlord of the premises occupied by the Debtor-restaurant (“the Landlord”), filed a Motion (“the Motion”) seeking “immediate relief” from the automatic stay and, alternatively, that the Debtor, MORN-INGSTAR ENTERPRISES, INC. (“the Debtor), be compelled to “immediately surrender” the premises of the Landlord from which the Debtor wa...
Views: 2
MEMORANDUM OPINION AND ORDER ON CITICORP’S MOTIONS FOR SEPARATE TRIAL AND TO STRIKE TRUSTEE’S JURY DEMAND AND ON UNSECURED CREDITORS’ COMMITTEE’S MOTION TO VALUE SECURED CLAIM ASSERTED BY CITICORP AND ON STAY OF PROCEEDINGS On September 5, 1990, this Court issued a memorandum opinion and order in the above numbered adversary proceedings, to which opinion reference is made for background i...
Views: 1
DECISION ON MOTIONS FOR SUMMARY JUDGMENT The plaintiff Pauline Sacks seeks a declaration that she has an equitable lien against the debtor’s interest in a limited partnership and that the equitable lien takes priority over any perfected security interests of the defendants. I hold that she has no equitable lien but only a consensual lien constituting an unperfected security interest junio...
Views: 1
MEMORANDUM OPINION Kletschka Electric, Inc., a Wisconsin corporation and hereinafter plaintiff, filed for reorganization under Chapter 11 in the Western District of Wisconsin in 1989, and continues as a debtor in possession in that proceeding. In October of 1990, plaintiff filed an adversary complaint in the Bankruptcy Court for the Western District of Wisconsin against MW Builders of Kansas, I...
Views: 0
MEMORANDUM OF DECISION RE: APPLICATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE FILED BY MAHO-PAC CENTER ASSOCIATES, L.P. I. ISSUE This proceeding requires the court to determine whether the rent set in an unexpired lease controls the amount of administrative expense to which a lessor is entitled prior to the rejection of the lease, or whether the administration expen...
Views: 1
DECISION ON MOTION TO DISMISS ADVERSARY PROCEEDING The defendant, Robert K. Marceca (“Marceca”), seeks to dismiss, pursuant to Fed.R.Civ.P 12(b)(6) and 9(b) and Bankruptcy Rules 7012 and 7009, an adversary proceeding filed on February 8, 1991 (the “Adversary Proceeding”) by the plaintiff, Jonathan Shane (“Shane”). Marceca alleges that the complaint fails to state a claim upon which relief...
Views: 0
OPINION OVERVIEW Appellant Camelback Hospital, Inc. (“Camelback” or “Hospital”) appeals from an order which bars its contingent claim for contribution against debtor Edward Buckenmaier (“Buckenmaier”). Camel-back’s principal contention is that it should be permitted to setoff its contribution claim against any monies Buckenmaier may potentially recover in his own action now pending a...
Views: 2
MEMORANDUM OPINION This matter comes to be heard on the application of New Connecticut Bank & Trust, N.A. (“CBT”) by its attorneys Winston & Strawn (“W & S”) pursuant to 11 U.S.C. § 503(b)(4) for fees in the amount of $37,702.00 and reimbursement of expenses in the sum of $500.00, for the period January 31, 1989 through March 13, 1989, in connection with the filing of the involuntary Chap...
Views: 2
ORDER OVERRULING DEBTOR’S OBJECTION TO THE CLAIM OF THE INTERNAL REVENUE SERVICE FOR UNPAID TAXES, PENALTIES AND INTEREST FOR THE 1987 TAX YEAR Now before the Court is debtor’s Objection to the Claim of the Internal Revenue *107Service (“IRS”) for unpaid taxes, penalties and interest for the 1987 tax year. On October 18, 1990, this matter came on for hearing, at which time both parties informed t...
Views: 0
MEMORANDUM OF DECISION RE: OBJECTION BY SEARS MORTGAGE CORPORATION TO CONFIRMATION OF CHAPTER 13 PLAN I. ISSUE The issue in this proceeding, submitted by the parties on briefs alone, is whether the court may confirm a chapter 13 plan which does not provide for the payment of postpetition interest on the prepetition ar-rearage of a deaccelerated home mortgage. II. BACKGROUND The resi...
Views: 0
DECISION Plaintiff, the former spouse of Neal Dennis Berman, (hereinafter “Debtor”), has instituted this adversary proceeding seeking a determination that certain debts owed to her by the Debtor pursuant to the terms of a Final Judgment in a divorce proceeding are excepted from discharge pursuant to sections 523(a)(5) and (a)(6) of the Bankruptcy Code. The Plaintiff has moved for summary judgme...
Views: 3
DECISION This matter is before the court following trial of the issues raised by separate motions to dismiss, filed on behalf of the United States Trustee and the United States of America (acting through The Farmers Home Administration, The Commodity Credit Corporation, and The Internal Revenue Service) and a motion for contempt, filed on behalf of The Internal Revenue Service (IRS). The ...
Views: 0
*641 MEMORANDUM OPINION Plaintiffs-counter-defendants, All American Laundry Service, Inc., Michael Brogan, Edward Long, and James Kelly (“Plaintiffs”), have moved the Court to abstain from hearing this Adversary Proceeding and to remand the case to the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois, where it was originally filed. Defendants-counter-pla...
Views: 1
MEMORANDUM OPINION This matter is before the court on cross motions for summary judgment. The trustee has alleged that certain payments made by the debtor to defendant are preferential transfers under 11 U.S.C. *871 § 547(b). 1 The defendant asserts that such payments were not preferential and, in the alternative, if otherwise preferential they are protected from avoidance under § 547(c)(1)...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Disclosure and Statement of Compensation filed May 23, 1991, by The Law Offices of Andrew L. Quiat, P.C. (“Quiat”) in response to this Court’s Order entered April 23, 1990, in Adversary Case No. 89 J 0451. On June 13,1990, this Court ordered that any party having any objections to the fees claimed by Quiat had to and...
Views: 0
OPINION A. INTRODUCTION This matter is the latest in the long series of proceedings in which debtors represented by Community Legal Services, Inc. (“CLS”), an agency providing free legal representation to low-income residents of Philadelphia, have asserted violations of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (“the TILA”), against Mid-Penn Consumer Disc...
Views: 0
MEMORANDUM OF DECISION SUSTAINING TRUSTEE’S OBJECTION TO CLAIM The court has before it the trustee’s objection to the secured claim of the Internal Revenue Service (“IRS”). The IRS asserts that by virtue of notices of federal tax liens filed in the Penobscot County Registry of Deeds on June 16, 1983; December 31, 1984; August 22, 1985; and July 16, 1979 (refiled March 6, 1985), its claims for taxe...
Views: 0
The Trustee of the Delaware & Hudson Railway Company (D & H) sued its related corporations the Boston and Maine Corporation (B & M) and the Maine Central Railroad Company (MeC) for the turnover of 5.5 million dollars collected by them for freight shipments carried by the D & H in the three months preceding its bankruptcy filing on June 20, 1988. The Trustee alleges that MeC and B & M in refusin...
Views: 1
*253MEMORANDUM OF DECISION The debtors want their chapter 13 plan confirmed and the liens of Metropolitan Mortgage & Securities Company, Inc., and Steven and Sharon Fuhr avoided. The debtors also object to the Metropolitan claim. Metropolitan Mortgage and the Fuhrs object to confirmation and the avoidance of their liens, claiming the liens are not avoidable under 11 U.S.C. § 522(f). Metropolitan ...
Views: 0
MEMORANDUM OPINION ON OBJECTION TO TRUSTEE’S FINAL REPORT The facts in this case are not in dispute. There remains in the Debtor’s estate $9,274.63 available for final distribution. These funds are subject to an unavoidable tax lien held by the Michigan Employment Security Commission (MESC) in the amount of $2,564.00. In addition, there are administrative claims against the estate which t...
Views: 1
MEMORANDUM OPINION AND ORDER The Bank of New York filed an involuntary Chapter 7 petition against Castle Mall, Inc. and a similar petition against Delaware Mall Associates Limited Partnership on September 21, 1990. The debtors move to dismiss the respective petitions on the grounds that the requirements of 11 U.S.C. § 303 have not been met. Debtors also claim the Bank filed the petition i...
Views: 0
MEMORANDUM OPINION REGARDING DEBTORS’ MOTION FOR ORDER AVOIDING JUDICIAL LIEN FACTS On February 16, 1989, Thomas and Diane Sanglier (Debtors) filed a voluntary petition for relief under chapter 7. In their schedules, the Debtors disclosed that they owned a home with a value of $51,000, subject to a mortgage of $36,000. The Debtors claimed a § 522(d)(1) exemption of $10,430 in the hom...
Views: 0
MEMORANDUM OPINION ON DEBTOR’S REQUEST FOR AN ORDER DIRECTING THE TRUSTEE TO RETURN TO THE DEBTOR EXCESS PLAN PAYMENTS RECEIVED Robert J. Colvin (“Debtor”) seeks an order compelling the chapter 13 trustee to refund to him $5,609.31 which he says the *183trustee unlawfully obtained from the Debt- or’s employer and paid to unsecured creditors. The Debtor filed his voluntary petition for relief under...
Views: 1
OPINION A lessor without knowledge of the debtors’ bankruptcy caused the post-petition repossession of the debtors’ leased automobile. The lessor received notice of the bankruptcy the day of the repossession but ■refused to return the vehicle. The trial court concluded that no compensable violation of the automatic stay had occurred and denied damages under § 362(h) 1 of the Ba...
Views: 1
MEMORANDUM OPINION The issue this court addresses is whether revenues generated by the debtor-in-possession’s business are cash collateral in which its primary lender holds a security interest. Because the court has ruled in favor of the debtor-in-possession it has not addressed further issues briefed by the parties. The parties have stipulated that this court may determine the scope of t...
Views: 2
*485 MEMORANDUM OPINION ON GMAC’S MOTION FOR RELIEF FROM THE STAY FACTS The facts of this case are simple and fit a familiar pattern. On June 11, 1990, Floyd Barnes, Jr. (Debtor) filed his voluntary petition for relief under chapter 13 of the Bankruptcy Code. The Debtor’s plan was confirmed without objection on October 19, 1990. The plan provided that the Debtor would contin...
Views: 0
DECISION ON MOTION FOR AN ORDER GRANTING PERMISSION TO PERFECT MARITIME LIEN IN ADMIRALTY The movant, American Application Associates of Fairfield, Inc. (“American”), contends that if a craft looks like a vessel, *838 floats like a vessel and is named like a vessel, it must be a vessel that is subject to a maritime lien for materials furnished to convert it to a floating rest...
Views: 0
ORDER This matter is before the Court on the Motion for Relief from Stay filed by Integ-on Life Insurance Corporation (“Integon”) on April 24, 1991. It is a core proceeding over which the Court has jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(G) (1991). The Court held a hearing on the Motion on April 29, and the parties filed supplemental briefs. Having considered these briefs, the evidence a...
Views: 0
ORDER This matter is before the Court on the Motion for Partial Summary Judgment filed by Ridgemont Apartment Associates, Ltd. (“Debtor”) on January 31, 1991. Plaintiff Atlanta English Village, Ltd. (“AEV”) filed a brief in opposition to the motion on February 20, to which Debtor responded on March 5. Having considered these pleadings and the record in the ease file, the Court will grant ...
Views: 1
DECISION ON MOTION FOR AN ORDER DISMISSING INVOLUNTARY PETITION The debtor in this involuntary Chapter 11 case, 1020 Warburton Avenue Realty, has moved pursuant to Bankruptcy Rules 1017 and 9014 and 11 U.S.C. §§ 303 and 1112(b), for an order dismissing the involuntary Chapter 11 petition because it was filed in bad faith and is a perversion of the bankruptcy process. The involuntary Chapter 11 ...
Views: 0
DECISION ON MOTION FOR AN ORDER TO CONVERT TO CHAPTER 7 OR APPOINT A TRUSTEE The largest unsecured creditor in this Chapter 11 ease, William T. McSpedon (“McSpedon”), has moved pursuant to 11 U.S.C. § 1112(b) to convert this reorganization case to a Chapter 7 liquidation. Alternatively, McSpedon seeks the appointment of a Chapter 11 trustee in accordance with 11 U.S.C. § 1104. FINDIN...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THE COURT, in accordance with the Order Granting Motion for Summary Judgment, which is simultaneously filed herewith, hereby enters the following Findings of Fact, Conclusions of Law, and Judgment. The United States, Security Pacific, and Ernest and Margaret Siebert (hereinafter referred to as the Sieberts) filed a Stipulation of Facts and attached exhi...
Views: 1
MEMORANDUM DECISION Presently before the court is the motion of Farris D. Reeves (“debtor”) to dismiss the complaint to determine dischargeability of debt of Sears, Roebuck & Co. (“Sears”) pursuant to Bankruptcy Rule 7004 which incorporates Federal Rule of Civil Procedure 4(a) and 4(j). At issue is whether Sears has good cause to be excused from properly serving the summons and complaint ...
Views: 2
MEMORANDUM OF DECISION Background and Facts This case presents interesting issues concerning the relationship of provisions under several chapters of the Bankruptcy Code. The facts are not complicated. In 1988, the Court confirmed Debtors’ Chapter 13 plan which called for payment to First Security Bank of $4,700 over 36 months, together with interest of 12% per annum on its allowed secure...
Views: 2
This matter came before the court on the complaint of plaintiffs Paul A. Elam and Beth A. Elam (hereinafter “debtors”) to Determine Dischargeability and Extent and Priority of the lien of the United States of America, Internal Revenue Service (“IRS”), on debtors’ real property, and the IRS’s memorandum in response. In pre-trial, the parties agreed that this matter would be decided on an agreed sti...
Views: 0
MEMORANDUM OPINION A hearing was held April 23, 1991 on the Trustee’s Final Account and Proposed Order of Distribution. A total of $68,038.32, plus interest, is available for distribution to indefeasible secured creditors. The Chapter 7 trustee proposed distributing $6,000.00 of that amount to Equibank and the remaining $62,038.32 to Wholesale Produce Industry of Pittsburgh, Inc. (“Wholesale”). An...
Views: 1
MEMORANDUM OPINION Debtor Joseph E. Zibura has brought the above-captioned adversary action seeking determination that two (2) education loans are dischargeable pursuant to 11 U.S.C. § 523(a)(8). He maintains that excepting the two loans from discharge would impose an undue hardship upon him and his family- The Court finds, in accordance with the reasoning set forth below, that the two debts ...
Views: 0
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS MATTER came on for hearing on the cross-motions of the plaintiff, Mark Jay Kaufman, P.A. and the defendants, Howell, Milton & Liles, P.A. for summary judgment in this adversary proceeding. Having considered the evidence presented by way of affidavits and deposition transcripts, and having considered the memoranda of law filed by the parties and arg...
Views: 0
DECISION AND ORDER ON MOTION TO DISMISS OR TRANSFER FOR IMPROPER VENUE CAME ON for hearing the Motion of the United States of America (Internal Revenue Service) to Dismiss, or Alternatively, Motion to Transfer Case and the Response thereto of the Debtors. Upon consideration of the evidence and the arguments of the parties, the court enters this its decision and order thereon. This bankruptcy ...
Views: 3
ORDER ON DEBTOR’S MOTION TO RECONSIDER This matter is before the Court on Debt- or’s estate’s 1 motion for reconsideration of the Court’s order granting Southeast Bank relief from stay. At the hearing on Southeast Bank’s motion for relief from stay, we found that the estate had no equity in the property and that it had not shown that the property was necessary for an effective reorganization....
Views: 0
MEMORANDUM OF DECISION This matter came before the Court for consideration of a motion filed by the Yates Milton Brooks and Alice Joy Brooks (“Debtors”) pursuant to section 505 of the Bankruptcy Code for a determination of their tax liability to the Internal Revenue Service (“IRS”) and IRS’ motion for summary judgment. This chapter 13 case was filed on April 25, 1990; however it is not the De...
Views: 1
MEMORANDUM OF OPINION Direnfeld, Greene & Blackburn Co., L.P.A. (“DGB”), former counsel to the Debtor, filed a motion in this case to value its retaining lien in certain pleadings and other papers which the Court ordered it to make available to the Debtor at the corn-mencement of this case. Although the parties agree that Direnfeld provided legal services to the Debtor having an aggregate...
Views: 0
MEMORANDUM OPINION This matter is before the Court on the Plaintiff’s, Florida Municipal Self Insurers Fund, motion for summary judgment against the Defendant, Rick A. Heuser, the Chapter 7 debtor. The plaintiff’s complaint seeks a determination that the debt owed by the debtor to the plaintiff should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4), and (a)(6). On Octo...
Views: 0
ORDER ON VALIDITY OF REAFFIRMATION AGREEMENT This matter came before the Court on Tyndall Federal Credit Union’s (“Tyndall”) motion to reopen the case and determine the validity of a reaffirmation agreement. The parties dispute whether the reaffirmation agreement is enforceable due to the fact that a hearing was not held pursuant to 11 U.S.C. § 524(d). This matter requires the Court to interp...
Views: 2
MEMORANDUM DECISION CAME ON for consideration this complaint by the Debtor to determine tax liability, filed against Defendants Rudy A. *155 Garza, Tax Assessor-Collector for Bexar County, Texas, Quentin Porter, Tax Assessor-Collector for the City of San Antonio, Texas, and Bexar Appraisal District. Upon consideration of the stipulations, the arguments of counsel and the plea...
Views: 0
ORDER ON MOTION FOR CONFIRMATION This matter is before the court on the motion of the debtors-in-possession, Lawrence & Dorothy Manion for confirmation of their Chapter 11 plan of reorganization pursuant to the provisions of § 1129(b) of the Bankruptcy Code also known as “cram-down”. A hearing on confirmation of the debtors’ plan was conducted on February 7, 1991 at which time the debtors...
Views: 1
ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on the Plaintiff’s motion for summary judgment. Plaintiff is the Chapter 7 Trustee in the debtor’s case and seeks to recover an alleged preferential payment made to Chuck Purcell (“Defendant”), Debtor’s former father-in-law. Having considered the argument of counsel together with the submitted memorandum of l...
Views: 0
ORDER ON CONFIRMATION OF PLAN UNDER CHAPTER 12 After winding its way down a long and torturous path, this Chapter 12 case came on for hearing for confirmation of the debtors’ amended plan under Chapter 12 on March 12, 1991. Subsequent to the hearing, and in response to objections filed by the Farm Credit of Northwest Florida, ACA, f/k/a Farm Credit Bank (Farm Credit) the debtors filed a second ...
Views: 0
DECISION AND ORDER ON ESTIMATION OF POST-PETITION ADMINISTRATIVE CLAIM CAME ON for hearing the application of William C. Cole, Richard L. Jones, Mark D. Volrath, Arthur N. Bruner, Jack W. Taut-kus, Ronald L. Benters, and Larry M. Wal-drop for payment of post-petition adminis *163 trative tort claim. The court determined that it would not be possible to determine final allowan...
Views: 1
MEMORANDUM OPINION ON MOTION FOR RECONSIDERATION Before the court are motions for reconsideration filed on behalf of Debtor and on behalf of the Official Committee of Unsecured Creditors concerning the order of this court dated April 30, 1991, 126 B.R. 926 which required the Debtor to make post-petition lease payments but permitted certain reductions in the April rent based on prepaid ite...
Views: 0
MEMORANDUM OF DECISION RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. On September 14, 1989, this court confirmed a chapter 11 liquidating plan of the debtor, Century Brass Products, Inc. (Century), under which Jerome E. Caplan became plan administrator. The plan administrator’s functions are the “prosecution of claims by the Estate, objections to claims and the administration and di...
Views: 0
DECISION ON MOTIONS FOR DISMISSAL OF COMPLAINT OR FOR ABSTENTION The defendants in these consolidated adversary proceedings have moved for an order pursuant to Bankruptcy Rule 7012(b) and Fed.R.Civ.P. 12(b)(6) dismissing the complaints filed by the debtor, Golden Distributors, Ltd. d/b/a Golden Capital Distributors, for failure to state a claim upon which relief can be granted. Alternativ...
Views: 0
DECISION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF CERTAIN OBLIGATIONS AND TO DENY DISCHARGE The plaintiff, Mirella Fuda, is the former wife of the individual debtor, John D’Atria, in this voluntary, Chapter 11 case. She has *72 filed a complaint with this court objecting to the debtor’s discharge under 11 U.S.C. § 727(a)(2) and to the dischargeability of her claims against him pursuant t...
Views: 0
ORDER AUTHORIZING DEBTORS TO IMPLEMENT PERFORMANCE/RETENTION PROGRAM FOR CRITICAL EXECUTIVES Upon the Motion to Implement Performance/Retention Program for Critical Executives (the “Motion”) dated April 24, 1991, filed by the above-captioned Debtors and Debtors-in-Possession (collectively, the “Debtors” and hereinafter referred to interchangeably as “Debtors” and “In-terco”), as modified purs...
Views: 0
MEMORANDUM DECISION Before the Court is defendant’s, Janfiaf Naemi (“Janfiaf”), Motion to Dismiss Na-jah Naemi’s (“Najah”) Complaint for Turnover of Property and Determination of Interest in Property. 1 Alternatively, Janfiaf *275 seeks summary judgment on the complaint. This court has jurisdiction under 28 U.S.C. § 1334, 28 U.S.C. § 157(a) and (b), and General Ord...
Views: 3
MEMORANDUM OPINION This matter comes on to be heard upon the objections to the dischargeability of debts due and owing First Heritage National Bank (“Bank”) and The Ohio Casualty Insurance Company (“Ohio”) by Larry D. Fagan (“Debtor”). STATEMENT OF FACT Debtor began his employment for Bank in July of 1986. Prior to that time he was employed by an affiliated bank. He was the Executive Vice Presiden...
Views: 0
DECISION ON MOTIONS FOR SUMMARY JUDGMENT On October 18, 1990 Chapter 7 debtors, Milton Weinsten and Jeffrey J. Weinsten, filed motions for summary judgment against plaintiff Joyce King Dickey, Ad-ministratrix of the Estate of Randy King. The motions seek relief from objections to discharge of the contingent indebtedness the plaintiff asserts Messrs. Weinsten and Weinsten owe the plaintiff. The pla...
Views: 0
MEMORANDUM OPINION Debtor filed a petition for relief under Chapter 7. The only debt listed in debtor’s schedules was an unsecured obligation for $12,527.55 listed as owing to the State of Missouri, Division of Child Support Enforcement, and Mary Ann Oligschlaeger. Thereafter debtor filed an adversary action to have said debt determined to be dis-chargeable. Mary Ann Oligschlaeger filed an answ...
Views: 0
MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. The parties have stipulated that this is a “core proceeding” which the Court may hear and enter appropriate judgments pursuant to 28 U.S.C. §...
Views: 3
ORDER ALLOWING DAMAGES FOR WILLFUL VIOLATION OF THE AUTOMATIC STAY The matter before the court is the debtors’ request for damages pursuant to 11 U.S.C. § 362(h) arising from a willful violation of the § 362(a) automatic stay by the U.S. Postal Service. 1 A hearing was held in Raleigh, North Carolina, on May 2, 1991. The facts are quite simple. Robert J. Everett and Amy V. Everett filed a j...
Views: 0
OPINION A. INTRODUCTION At issue is a Motion requesting this court to award, jointly and severally, attorney’s fees in the total amount of $18,450.50 plus $1,527.26 for costs to Community Legal Services, Inc. (“CLS”), counsel for ALFRED G. MATTERA, the Plaintiff-Debtor (“the Debtor”), against each of three “sets” of defendants in this adversary proceeding arising out of a Chapter 13 ...
Views: 0
OPINION Joseph Szabo, the chapter 13 trustee, objects to confirmation of the Debtor’s chapter 13 plan on the ground that the plan’s ten percent dividend provides value to creditors which is less than what they would receive in liquidation under chapter 7, in violation of 11 U.S.C. § 1325(a)(4). The dispute centers upon the effect of the Debtor’s claim to an exemption under 11 U.S.C. § 522(b)(2)...
Views: 0
MEMORANDUM OPINION On December 31,1986, Guilford Telecasters, Inc., trading and doing business as WGGT-TV (“Debtor”), filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code. On August 7, 1989, Kathrine R. Everett, Robinson 0. Everett, James Thrash, Roy 0. Rod-well and such other shareholders of the Debtor who elect to participate, filed a plan of reorganizat...
Views: 0
On July 1, 1985, the debtor filed a voluntary petition under the provisions of Chapter 11, Title 11 U.S.C. The case was converted to Chapter 7 on August 12, 1987. The complaint in this adversary proceeding was filed on December 29, 1988. It sought to recover from the defendant, Ford *723 Motor Company, a payment by debtor to defendant of $53,320.78 which is alleged to have been made on or abo...
Views: 0
OPINION Gary A. Loader and Nancy M. Loader (the “Debtors”) own their residence subject to a mortgage held by Charlton Credit Un *14 ion (“CCU”). Pursuant to 11 U.S.C. § 506(a) (1982), they seek by this complaint to bifurcate the CCU mortgage debt into a secured claim and an unsecured claim based upon the value of the mortgage interest. They also request, pursuant to § 506(d),...
Views: 0
MEMORANDUM, OPINION AND ORDER This matter comes before the court on the motion of William J. and Denise E. Fonnemann (Debtors) pursuant to Fed.R. Civ.P. 12(b)(6) to dismiss the complaint filed by Patrick Kinnally to except his debt from discharge. For the reasons stated below the Fonnemann’s motion is granted. FACTS Patrick Kinnally was retained by Denise Fonnemann in July 1990 ...
Views: 0
MEMORANDUM OF DECISION RE: LIMITATION OF DEFENSES AND COUNTERCLAIMS IN A RELIEF FROM STAY PROCEEDING I. ISSUES The matter before the court is a motion now being pressed by the Resolution Trust Corporation (RTC), an agency and instrumentality of the United States. See, 12 U.S.C.A. § 1441a(b)(l) (West Supp.1991). The motion, originally commenced by Comfed Savings Bank (...
Views: 0
MEMORANDUM This is an action in which the trustee seeks damages from the defendant arising from the defendant’s alleged breach of a real estate sales contract. The parties have agreed the court may enter a final judgment in this proceeding subject to appellate review under 28 U.S.C.A. § 158 (West Supp.1990). The following constitutes the court’s findings of fact and conclusions of law pur...
Views: 0
MEMORANDUM This case came to be heard upon the chapter 7 trustee’s motion to compromise an adversary proceeding that is currently pending in the United States District Court for the Eastern District of Tennessee. An objection to the motion was filed by Hicks Enterprises, Inc., an unsecured creditor of the debtor. Having considered the evidence presented at the hearing, and having reviewed...
Views: 0
The debtor 100 Lindbergh Boulevard Corp. (hereinafter the “Debtor” or “Lindbergh”) commenced this adversary proceeding pursuant to sections 541 and 542 of the Bankruptcy Code to compel the Defendant in this action, Gurnett Rock, Inc., (hereinafter “Gurnett” or the “Defendant”) to turn over property which the Debtor alleges belongs to it. In response, Gurnett moved pursuant to Bankruptcy Rules 701...
Views: 2
REASONS FOR DECISION This matter was before the Court on the debtors’ Objection to Trustee’s Proposed Disbursements and Motion to Permit Filing of Proof of Claim (the debtors’ motion), whereby the debtors requested: (1) denial of the trustee’s proposed final account; (2) authority to file proofs of claim for income tax due on behalf of the United States (Internal Revenue Service) and the ...
Views: 0
ORDER On May 17, 1990, Cupples Farms filed a voluntary petition for relief under the provisions of chapter 12 of the United States Bankruptcy Code. On July 10, 1990, the Court held a hearing on a Motion for Rehearing, the debtor’s latest effort to prevent foreclosure of certain real property located in Crittenden County and St. Francis County, Arkansas. The following shall constitute the ...
Views: 2
MEMORANDUM AND ORDER ON MOTION FOR INTERVENTION OR, IN THE ALTERNATIVE, AMICUS CURIAE STATUS I. On June 6, 1991, the City of Bridgeport, Connecticut filed a petition under chapter 9 *31 of the Bankruptcy Code. On June 12, the State of Connecticut and the Bridgeport Financial Review Board (the “Board”) 1 filed an objection to Bridgeport’s petition on the grounds that the City is not author...
Views: 3
OPINION This matter came on for Confirmation of Debtors’ Chapter 13 Plan pursuant to a regularly scheduled hearing on January 16, 1991, in Tyler, Texas. Chemical Financial Corporation objected to the confirmation on the grounds explained below. This opinion constitutes findings of fact and conclusions of law in accordance with Bankruptcy Rule of Procedure 7052 and disposes of all the issues pre...
Views: 0
OPINION A. INTRODUCTION The instant contested matter presents the issue of whether a pre-petition secured creditor’s demand of $610.40 for “special damages,” incidental to its claim in a post-discharge state-court replevin suit seeking recovery of its collateral, constitutes a violation of the discharge injunction of 11 U.S.C. § 524(a). We disagree with the secured creditor’s asserti...
Views: 1
Memorandum of Decision In this adversary proceeding, the plaintiff, Citibank (South Dakota), N.A., seeks a determination under 11 U.S.C. § 523(a)(2) that the debt owed to the plaintiff by the defendant and Debtor, John J. Hansbury, is excepted from discharge. The plaintiff alleges that the defendant secured credit from the plaintiff by false pretenses or actual fraud. More specifically, the p...
Views: 0
OPINION The trustee has filed three adversary proceedings, consolidated here for purposes of opinion, to recover insurance and securities commissions which she contends are property of the estate under the provisions of contracts existing between the debtor and the defendant companies at the time of the debtor’s bankruptcy filing. Debtor J. Lloyd Tomer was, and continues to be, an agent s...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This contested matter is before the Court by way of an objection filed by Janice Santa Maria (“Santa Maria”) to the Chapter 13 plan proposed by her ex-spouse, Carl Santa Maria d/b/a Carl’s Auto Sales (“Debtor”). Argument on the objection was heard on December 11, 1990 in Utica, New York and the matter was finally submitte...
Views: 1
DECISION ON TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS AND TRUSTEE’S MOTION TO DISMISS THIS CASE FOR DEBTOR’S FAILURE TO TURN OVER THOSE ACCOUNTS Before the Court is the Chapter 7 trustee’s (the “Trustee”) motion to dismiss the above captioned case on the grounds that the Debtor failed to turn over certain IRA accounts. Also before the Co...
Views: 4
DECISION ON REMANDED MOTION TO TRANSFER VENUE This matter was remanded to this Court by the District Court for the Southern District of New York after an appeal by Trust Bank Savings, F.S.B. (“Trustbank”) and United Postal Savings Association (“United Postal”) (collectively, the “Secured Creditors”) from a certain portion of an Order signed by this Court on November 6, 1990 (the “Order”) denyin...
Views: 1
AMENDED MEMORANDUM OPINION This case came on for a disclosure statement hearing on April 30, 1991 pursuant to 11 U.S.C. § 1125(a). I disapproved the proposed statement at that time. Because this disclosure statement is typical in many respects of the kind of disclosure statements this Court has been receiving, and finding objectionable, I have taken leave to discuss in an opinion much of what i...
Views: 0
RESERVE DECISION ON INK SPOT’S DEFENSES OF “ORDINARY COURSE OF BUSINESS” AND “NEW VALUE” UNDER § 547(c)(2) and (4) Introduction On September 8, 1988, petitioning creditors filed an involuntary petition (“peti *370 tion”) against Rave Communications, Inc. (“Rave” or “Debtor”) for chapter 7 liquidation pursuant to Title 11 of the United States Code (“Code”). Thereafter...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS CAUSE came on to be heard upon Debtor’s, Edwin B. Salmon, Jr.’s, objection to the claim of Dana C. Sjostedt and upon the complaint of Dana C. Sjostedt to determine the dischargeability of the claimed debt pursuant to Title 11 U.S.C. § 523(a)(6). Sjostedt’s claim arises from the filing of an involuntary bankruptcy procee...
Views: 0
ORDER ALLOWING DEBTOR’S COUNSEL INTERIM FEES Debtor’s counsel, Lee and LeForestier have applied for interim compensation in the amount of $63,012.00 in fees and $1,632.71 in expenses. The services were rendered during the period July 17, 1990 through November 30,1990, when this case was operating under chapter 11. Counsel seeks to recover its requested allowance from a pre-petition retainer w...
Views: 2
ORDER On October 4, 1989, Billie P. Weaver (debtor) filed a voluntary petition for relief under the provisions of chapter 7 of the United States Bankruptcy Code. Thomas E. Robertson, Jr., Esq., was appointed trustee. The debtor claimed the following real property as exempt pursuant to 11 U.S.C. § 522(b)(2), Ark.Code Ann. § 16-66-218 (Supp.1989) and Ark.Const. art. 9, § 4: Tract #1 .....
Views: 0
OMNIBUS ORDER ON MOTION TO LIFT STAY WITH REGARD TO CELOTEX APPEALS AND TO RELEASE SU-PERSEDEAS BONDS THEREON THIS CAUSE came on for consideration upon the (1) Motion Challenging Jurisdiction of Court over Property of Non-Debtors, (2) Motion to Lift Stay with Regard to Celotex Appeals and to Release Supersede-as Bonds Thereon, and (3) related issues raised by the enormous litigation in th...
Views: 5
MEMORANDUM OPINION AND ORDER ON DEBTOR’S MOTIONS TO AUTHORIZE EMPLOYMENT OF CHAPTER 11 COUNSEL THIS MATTER COMES before the Court on two motions filed by NBI, Inc. (“NBI”), seeking Court authorization to employ counsel to represent NBI in their Chapter 11 case, filed on February 6, 1991. NBI requests authority to employ the Denver law firm of Ireland, Stapleton, Pryor & Pascoe (“I & ...
Views: 1
MEMORANDUM This matter comes on to be heard upon the Motion of the Debtors to Determine the Secured Status of the Claim of Odom’s Jewelers and for turnover of property. Statement of Fact On May 14, 1991, the Debtors filed their Petition under Chapter 13 of the Bankruptcy Code. At the time of filing the Petition, the Debtors were indebted to Odom’s Jewelers in the amount of $2,669.25. The de...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION GRANTING MOTION TO LIFT STAY I. The debtor’s former spouse, Debra A. Moralez, has filed a motion to lift the stay so that she can file a nondischargeability action against the debtor under 11 U.S.C. § 523(a)(5) in state court. The parties’ divorce judgment requires the debtor to assume certain joint marital debts, and Mrs. Moralez prefers to litigate the discha...
Views: 1
SUPPLEMENTAL MEMORANDUM OPINION REGARDING MOTION FOR RECONSIDERATION I. Attorney J. Michael Hill has filed a motion for reconsideration of the Court’s previous order denying the application to approve his employment as attorney for the *1002 debtor. In its earlier opinion, this Court concluded that Hill had not demonstrated sufficient competency or familiarity with the B...
Views: 0
MEMORANDUM OPINION OVERRULING OBJECTION TO ADMINISTRATIVE CLAIM The issue presented in this case is whether the owners of a tug which towed the debtor’s barge three-quarters of the way *402 across the Atlantic Ocean before the barge sank (through no apparent fault of the tug) are entitled to an administrative expense claim against the debtor’s bankruptcy estate based upon a postpetition towag...
Views: 4
MEMORANDUM OPINION DISMISSING COMPLAINT TO AVOID FRAUDULENT TRANSFER The instant complaint was brought by the Chapter 11 debtor in this case to set aside a foreclosure sale of real property as a fraudulent conveyance which occurred within 90 days before the bankruptcy petition was filed. The defendants are the bank which foreclosed on the mortgage secured by the debtor’s real estate and the buyer...
Views: 0
MEMORANDUM OPINION DISMISSING COMPLAINT The issue in this case is whether a cause of action was sufficiently stated by a complaint filed by the bankruptcy trustee of a debtor corporation to, recover fraudulent transfers, preferences, and/or damages from one who as both officer and director of the corporation allegedly caused funds of the debtor to be transferred to the debt- or’s corporate affi...
Views: 0
ORDER GRANTING INJUNCTIVE RELIEF The issue in this case is whether a person who purchases assets from a Bankruptcy Trustee can be held liable for sale, use, income, or withholding taxes owed by the debtor. I find that under the facts of this case, the purchaser is not so liable under Missouri law. Therefore, Defendant Missouri Department of Revenue should be enjoined from seeking to collect such t...
Views: 0
AMENDED MEMORANDUM OPINION1 On April 25, 1991, the Debtors filed a petition for relief under Chapter 13 of the Bankruptcy Code. The Debtors listed their residence as an asset valued at $72,175.00 and subject to a first mortgage in favor of William J. Wade, Trustee, in the amount of $32,175.00. The Debtors plan of repayment provided that all post-petition payments due on the mortgage would be paid ...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This case concerns the dischargeability of debtor-husband’s obligation to his ex-spouse. Plaintiff and the debtor were divorced in October 1989. The dissolution decree provided that neither party would pay maintenance to the other. At the time of the divorce, the parties owned a house located in Kansas City, Missouri. That house had equity of appr...
Views: 0
DECISION AND ORDER DENYING DEBTOR’S MOTION TO AVOID LIENS This matter is before the court upon the motions of the debtor to avoid the liens of Good Samaritan Hospital and Dr. David D. Goldberg and Associates. This court has jurisdiction over this matter under 28 U.S.C. § 1334(b) and the standing order of reference entered in this district. This matter is determined to be a core proceeding pursu...
Views: 0
ORDER DENYING MOTION TO LIFT STAY I. Norman C. Lippitt has filed a motion to lift the stay under 11 U.S.C. § 362(d)(1) and § 362(d)(2), for the purpose of pursuing foreclosure on a second mortgage he holds on the debtor’s residence. Mr. Lippitt contends that the debtor, Lynne Rochkind, and her husband, Sanford Rochkind, are in default on an obligation of approximately $100,000 owed t...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon the complaint filed by John Duncan Bowsman, pursuant to § 523(a)(5) to determine the dischargeability of certain obligations arising from a divorce decree between the parties. A trial was held on May 7, 1991, at which time the defendant conceded that the plaintiff’s obligation to hold her harmless from ce...
Views: 1
DECISION ON MOTION TO DISMISS PURSUANT TO §§ 305(a) AND 1112(b) OF THE BANKRUPTCY CODE Before the Court are motions to dismiss the above-captioned cases pursuant to sections 305(a) and 1112(b) of the Bankruptcy Code. On May 1, 1991 involuntary petitions for relief under Chapter 11 pursuant to § 303 of the Bankruptcy Code were filed against each of the above debtor partnerships (colle...
Views: 1
DECISION ON ORDER GRANTING JUDGMENT IN PART TO PLAINTIFF AND GRANTING JUDGMENT IN PART TO DEFENDANT This matter is before the court following a trial upon the plaintiff’s complaint, which *531 alleges that certain transfers to the defendant are voidable under the Bankruptcy Code as either preferential or fraudulent transfers. The court has jurisdiction pursuant to 28 U.S.C. §...
Views: 3
ORDER GRANTING IN PART AND DENYING IN PART “FIRST INTERIM APPLICATION OF DEBTOR’S COUNSEL FOR COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED” INCLUDING SUPPLEMENTS) THERETO The law firm of Holliman, Langholz, Runnels & Dorwart filed its first interim application for compensation for services and reimbursement of expenses. After hearings, the matter was taken und...
Views: 0
MEMORANDUM OPINION AND ORDER Five separate creditors of this debtor have objected to the dischargeability of their debts under 11 U.S.C. § 523(a)(2)(A) and (B). The bulk of the cash advances and borrowings from these five creditors was gambled away, primarily by the debt- or’s husband. I find that the debtor incurred these charges with no intention of repaying these creditors, and that th...
Views: 0
ORDER SUSTAINING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT, AND DENYING MNC COMMERCIAL’S MOTION FOR SUMMARY JUDGMENT The matters before the Court are the respective motions for summary judgment, filed by the Chapter 7 Trustee in the above-captioned case, and MNC Commercial Corp (MNC). The Court has jurisdiction over these matters pursuant to 28 U.S.C. § 1334(b), and may enter final orders pur...
Views: 1
MEMORANDUM DECISION AND ORDER: Does § 1322(b)(2) of the Bankruptcy Code prohibit debtors from using Chapter 13 to reduce the balance due under their home mortgage to the fair market value of the mortgaged home? If debtors were permitted to do so, the mortgagee’s lien would be “stripped down” to the value of the house at the time the case was filed. Also, upon completion of the payments re...
Views: 3
MEMORANDUM DECISION Gleishman Sumner Company has objected to the motion of First Union National Bank of North Carolina to recover payment of loan balances and costs of collection from a pair of accounts designated the “Cash Collateral Account” and the “Allstate Collateral Account.” Both accounts hold rents derived from property on which First Union holds mortgages and rent assignments. The back...
Views: 1
OPINION Before the Court are two motions by Robert Shapiro, an involuntary Chapter 7 debtor: *329 (1) A motion to extend the time for him to file a responsive pleading to the involuntary petition; (2) A motion to dismiss the involuntary petition because of improper venue and lack of qualified petitioning creditors. In response, the petitioning creditors, in their a...
Views: 1
DECISION AND ORDER Heard on April 16 and May 21, 1991 on the motion of Old Stone Bank (Old Stone) for relief from stay, and for leave to foreclose on the Debtor’s real estate, pursuant to 11 U.S.C. § 362(d)(1) and (2) and on the Debtor’s objection thereto. In light of the apparent lack of equity in the property, the Trustee has not actively opposed Old Stone’s motion. *324 FACTS The debto...
Views: 0
OPINION Massachusetts law grants to debtors the right to exempt $100,000 of the debtor’s residence from judicial process; the exemption is available only if claimed through a declaration contained either in the debtor’s deed or in a separately recorded instrument. Mass.Gen.L. ch. 188, §§ 1 and 2. 1 *322 The exemption is ineffective, however, with respect to debts contr...
Views: 2
DECISION ON MOTION FOR PRELIMINARY INJUNCTION The plaintiff-debtors in the above-captioned Chapter 11 case originally sought injunctive relief against their former employees, Harold Weber (“Weber”), William and Jacob Townsend (“the Townsends”) and the defendants’ current employer, Mid-dlesex Tobacco & Confectionery, Inc. (“Middlesex”). During the course of the hearings in this matter, the...
Views: 0
OPINION A. INTRODUCTION Presently before us for disposition are the following related matters arising out of the case of three related Debtors holding certain valuable licenses of a process for recycling solid waste: (1) confirmation of the Second Amended Consolidated Plan of Reorganization (“the Plan”) filed by Euro American Financial Corp. (“EAFC”) and Corsair Asset Management, Inc...
Views: 2
DECISION ON MOTION FOR AN ORDER EXTENDING CLAIMANT’S TIME TO FILE A PROOF OF CLAIM Donald Everett Axinn (“Axinn”) a lessor of business premises to the Chapter 11 *350 debtor, Metropolitan Distribution Services, Inc. (“Metropolitan”), has moved for an order extending his time to file a proof of claim based on the debtor’s rejection of the leased premises. The debtor objects to the motion becau...
Views: 0
DECISION ON COMPLAINT POR AN ORDER SETTING ASIDE A JUDGMENT This adversary proceeding raises the issue of whether the 90-day preference period referred to in 11 U.S.C. § 547(b)(4)(A) is determined by counting backwards from the date of the bankruptcy petition or forward from the date of the transfer. The defendant-creditor argues that both terminal dates should be included, while the Chap...
Views: 0
DECISION DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT THIS MATTER is before the court on the debtor/plaintiff’s Motion for Partial Summary Judgment. The issue before the court today is whether a debtor’s claim of exemption in a vehicle under W.S.1977, § l-20-106(a)(iv) (July 1990 Cum.Supp.) is superior to a non-purchase money security interest in that vehicle. UNDISPUTED FACTS The facts, as necess...
Views: 0
ORDER The application for compensation and reimbursement in this Chapter 11 case was transferred from the Court where the main case is pending in order to avoid any appearance of impropriety, in that a member of the Applicant/Partnership had moved to a law firm in which a relative of the Judge presiding in the main case was a partner. This Court is faced with the difficult task of ru...
Views: 0
MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION Plaintiff Indiana Lumbermens Mutual Insurance Company (“Lumbermens”) filed this Adversary Complaint seeking declaratory judgment, interpleader, and injunctive relief with regard to its obligations on auto rust-proofing warranties issued in Wisconsin by the debtor, Rusty Jones, Inc. (“Debt- or”). The holders of such warrantie...
Views: 1
DECISION ON REMAND THIS MATTER is before the court pursuant to the United States District Court for the District of Wyoming’s Order Remanding to the Bankruptcy Court. The court having considered the entire record at trial, its Findings of Fact and Conclusions of Law and Judgment, the Order Remanding to the Bankruptcy Court, the instructions of the District Court, and having reviewed ...
Views: 1
MEMORANDUM OF DECISION Background and Facts In this matter, the Court is asked to reconcile the competing policies of two provisions of Chapter 13 of the Bankruptcy Code. The facts are undisputed. Debtor had two secured loans with creditor Key Bank. When he filed for Chapter 13 relief in July of 1990, he proposed a plan which contained provisions for modification of the term...
Views: 2
MEMORANDUM DECISION On October 12,1982, Ray Belisle (Belisle) and four individual partners of the Pan American Pavilion partnership filed an adversary proceeding in this court against Oliver Plunkett (Plunkett) and Ralph Anzi-vino, Chapter 11 Trustee, (Trustee) seeking an order to quiet title in the Pan Am Pavilion shopping center (Pan Am). The shopping center, located in Christiansted, St. Croix...
Views: 0
DECISION ON MOTION FOR AN ORDER REJECTING EXECUTORY CONTRACT The Chapter 11 debtor, Cornwall Hill Realty, Inc. (“Cornwall”) has moved pursuant to 11 U.S.C. § 365(a) to reject a consulting and management contract between Cornwall and Lori-Kay Management Corp. (“Lori-Kay”) with respect to real estate in Putnam County, New York. Lori-Kay opposes the debtor’s proposed rejection on the ground ...
Views: 1
MEMORANDUM DECISION William A Rinehart, Chapter 7 trustee of Stuart G. Grady, brought this adversary proceeding to recover $600,000 in property from Kathryn Jane Meek, Grady’s ex-wife, pursuant to 11 U.S.C. § 548 and Chapter 242 Wis.Stat. He claims that the couple’s divorce decree effected a transfer of Grady’s property to Meek for less than reasonably equivalent value, with intent to hinder, d...
Views: 0
MEMORANDUM DECISION Reliance Standard Life Insurance Company (Reliance) filed an amended third-party complaint against Thomas Korb (Korb), individually, and as the former Chapter 11 trustee for Milwaukee Cheese Company, Inc., (MCCI) alleging that Korb negligently and fraudulently misrepresented his authority to Reliance in surrendering two life insurance policies owned by Milwaukee Cheese Wisconsi...
Views: 0
MEMORANDUM OPINION In this action brought by the Trustee, the court denies Defendant a discharge under 11 U.S.C. § 727(a)(2)(A) and (B) based on transfers occurring more than one year prior to bankruptcy of property in which Defendant had a concealed equitable interest until well after her bankruptcy filing of September 20, 1988. Discharge is also denied under 11 U.S.C. § 727(a)(4) based ...
Views: 2
ORDER This Chapter 13 case is before the Court under the following circumstances: The Debtor has filed a Chapter 13 plan calling for payment of 25% of her unsecured debt to her creditors over a period of 50 months. Included in her list of unsecured debts are two student loans totalling $9,515.00. The Debtor attached to her plan the following statement: The student loan(s) would ...
Views: 0
MEMORANDUM OPINION On May 31, 1991, came on for hearing the application of J. Fulton Murray, Jr. (“Plaintiff”) for temporary and permanent injunction, and the motion of Office of Thrift Supervision (“Defendant” or “OTS”) to dismiss. The case will be dismissed without prejudice. Following are the Court’s Findings of Fact and Conclusions of Law pursuant to Bankruptcy Rule 7052. Under...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Motion for Order Authorizing Payment of Counsel for Creditors’ Committee by Debtor or by Trustee filed May 13, 1991, by Central Bank Denver, N.A., as Bond Indenture Trustee and the Objection thereto by the Debtor District. On April 30,1991, the Creditors’ Committee filed an Application to Employ Attorneys and th...
Views: 0
MEMORANDUM OPINION This matter is before the Court on the application (the “Application”) of Sieling Associates Limited Partnership (the “Debt- or”) to employ James M. Kawecki and Kawecki Associates (collectively, “Kaw-ecki”) nunc pro tunc, pursuant to 11 U.S.C. § 327(a), as an environmental consultant to monitor certain property (the “Property”) of the Debtor for oil contamination. Because K...
Views: 0
*634 FINDINGS OF FACT AND CONCLUSIONS OF LAW A hearing was held on May 1, 1991, on the Objections filed by Creditors First City, Texas — Tyler, N.A. (“First City”), Jacqueline H. Napier (“Napier”), and Dragon Investment Corp. (“Dragon”), to the property claimed as exempt by Debtor Thomas W. Cooper (“Debtor”) on Schedule B-4 of his Bankruptcy Schedules filed in this case. The sepa...
Views: 1
ORDER REGARDING OBJECTIONS TO DEBTOR’S CLAIM OF EXEMPTION Trustee and AMFAC Distribution Corporation (hereinafter “AMFAC”) filed their objections to Debtor’s claim of exemption on April 16, and April 19, 1991, respectively. Debtor responded to the objections, to which AMFAC replied. 1 AMFAC’s objection was set for hearing on May 30, 1991. 2 After hearing arguments of...
Views: 0
MEMORANDUM OF DECISION ON 11 U.S.C. § 365 REJECTION OF DISTRIBUTOR AGREEMENT 2 On January 24, 1991, Heileman filed a Chapter 11 petition in bankruptcy, 11 U.S.C. §§ 101, et seq., and continues to operate as a debtor in possession under 11 U.S.C. §§ 1107(a) 3 and 1108. 4 Bond Corporation North America (BCNA), a related debtor, is a holding company...
Views: 1
OPINION I. OVERVIEW Appellant South Coast Plaza appeals the bankruptcy court determination that Bankruptcy Code section 365(f), 11 U.S.C. § 365(f), preempts a provision in a retail lease that might otherwise be valid under *201 state law. Appellant argues that the bankruptcy court erred by not determining whether the estate owned the appreciated value of the leaseho...
Views: 2
ORDER This matter has come before this Court on the Motion of Debtors and Debtors-in-Possession for Order Clarifying Order Authorizing Maintenance of Cash Management Systems and Continued Use of Certain Existing Bank Accounts, Investment and Deposit Guidelines and Certain Business Forms (the “Motion”). The Court has heard the Motion and the arguments of counsel for the Debtors and Debtors-in-...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the fee application of Tinley Park Bank (the “Bank”) by and through its counsel, Ruff, Weidenaar & Reidy, Ltd. pursuant to 11 U.S.C. § 506(b) for the allowance of $10,000.00 in compensation for reimbursement of its attorneys’ fees. Proper notice was given to all creditors and parties in interest pursuant to Federal Rule of Bankruptcy Proced...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING TRUSTEE’S OBJECTION TO CLAIM OF DORIS TOM AND DISALLOWING CLAIM The objection of the Chapter 11 Trustee, Paul S. Sakuda, to the claim of Doris Tom, was heard by the undersigned Judge on May 29, 1991. T. Irving Chang, Esq. and Myra M. Kaichi, Esq. appeared for the Trustee; Enver Painter, Esq. appeared for Doris Tom, Claimant; Helen Gillmor,...
Views: 2
MEMORANDUM OPINION AND ORDER The matter presently before the court is a motion filed by the plaintiff, Placer U.S., Inc. (“Placer”), for summary judgment of the above-captioned adversary proceeding seeking a determination as to the dis-chargeability of the debtor’s debt to it un *241 der 11 U.S.C. § 523(a)(6). 1 held on December 13, 1989. ning, Esq. and Adam S. Aff...
Views: 2
AMENDED OPINION Before the Court is a motion by the Chapter 7 Trustee to expunge, because filed late, the claim of the United States Internal Revenue Service (“IRS”) for withholding and FICA taxes for the year 1989.1 On September 28, 1988 the Debtors voluntarily filed a bankruptcy petition under Chapter 7. Among the debts listed in their schedules are two scheduled as owed to the IRS, encompassin...
Views: 0
MEMORANDUM OPINION AND ORDER This adversary proceeding was initiated by the Debtor, seeking to avoid certain security interests in the Debtor’s property held by Roanoke Production Credit Association (“Roanoke”), Greenbrier Valley National Bank (“Greenbrier”) and Pendleton County Bank (“Pendleton”) (collectively referred to as “Defendants”), and seeking to direct Jesse O. Guills, as Special Commis...
Views: 0
MEMORANDUM OPINION Plaintiffs in the above-captioned adversary actions are the collective bargaining *53agent for employees of Penn Hills Energy, Inc., and the local representative of those employees, respectively. Defendant is the debtor in the underlying bankruptcy case and also is the majority shareholder and President of Penn Hills Energy, Inc. (hereinafter “Penn Hills”). Plaintiffs seek in Ad...
Views: 0
MEMORANDUM OPINION The trustee seeks in Adversary No. 90-0492-BM to recover the sum of $18,500.00 held by defendant Lawyers Title Insurance Corporation as escrow agent (“escrow agent”) and to which interpleader defendants Allegheny Graphics, Inc. (“Graphics”) and Roughen Investment Company (“Roughen”) claim entitlement. The trustee takes the position that these funds were property of debt...
Views: 0
MEMORANDUM, OPINION AND ORDER This matter comes before the Court on the United States’ motion for partial dismissal of the debtor’s complaint seeking a determination of his liability, if any, to the Internal Revenue Service under § 505(a) of the Bankruptcy Code. For the reasons stated below, the United States’ motion is denied. FACTS The unusual facts of this Chapter 11 case giv...
Views: 0
MEMORANDUM OPINION Vicki Chambers (“Debtor”) has moved for attorneys’ fees and costs against the Internal Revenue Service and the Department of Justice (collectively “Government”) pursuant to either 28 U.S.C. § 2412 (Equal Access to Justice Act) or 26 U.S.C. § 7430. The Debtor makes this request after prevailing in an action against the Government on a question of the Debtor’s vicarious t...
Views: 1
ORDER ON MOTION FOR CIVIL CONTEMPT AND FOR IMPOSITION OF SANCTIONS This is a Chapter 11 case and the matter under consideration is the Motion for Civil Contempt and for Imposition of Sanctions against Semi-Tech Microelectronics (Far East) Limited. The Court has considered the Motion, together with the record and argument of counsel, and finds the relevant facts to be as follows. The ...
Views: 1
MEMORANDUM DECISION CAME ON for hearing the Motion of Fairchild Aircraft Corporation (“Fairchild”) or (“Defendant”) to Dismiss the Claims of Plaintiffs Christa Borsdorf, Individually and as Personal Representative of the Estate of Ralph Borsdorf, and Johanna Bors-dorf (“Plaintiffs”). The pleading actually filed in the state court action was entitled “Defendant’s Plea to the Jurisdiction, ...
Views: 1
MEMORANDUM DECISION CAME ON for consideration the motion of Jose F. Olivas and Maria Adela Olivas, d/b/a Olivas Paint and Body Shop and Auto Sales (“Debtors”) to compel release of garnishment and for sanctions against Northwest Bank, N.A. and the response thereto. After a hearing, the court now enters this decision disposing of these matters. JURISDICTION This court has original...
Views: 1
ORDER ON MOTION FOR VALUATION INCIDENT TO ABANDONMENT CAME ON for hearing and consideration the motion of Donald S. Leslie, Trustee for Valuation, incident to abandonment. By agreement, the parties submitted appraisals to the court for its review, waiving cross-examination, and briefed the issues prior to the final hearing on the motion. JURISDICTION This court has jurisdiction over this ma...
Views: 1
129 B.R. 271 (1991) In re Al D. FARRINGTON, Debtor. Bankruptcy No. 90-11021-8P3. United States Bankruptcy Court, M.D. Florida, Tampa Division. May 7, 1991. Ronald J. Harris, for debtor. Chris Larimore, trustee. ORDER ON CONFIRMATION ALEXANDER L. PASKAY, Chief Judge. THIS IS what is now commonly referred to as a "Chapter 20" case. The matter under consideration is the confirmation of a Chapter 13...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction: The above-styled bankruptcy case was commenced by the chapter 13 petition of the defendant and his wife, but was converted by them to a case under chapter 7, title 11, United States Code, and remains pending before this Court as a chapter 7 bankruptcy case. The above-styled adversary proceeding was commenced in the chapter 7 bankruptcy case b...
Views: 0
*286 ORDER ON MOTION TO AVOID LIEN THIS IS a Chapter 7 case and the matter under consideration is the Motion of Patricia A. Fischer a/k/a Patricia A. Hall (Debt- or) to Avoid Judicial Lien of Elward Hall (Hall), the Debtor’s former husband. The Court has considered the Motion, together with the record and argument of counsel, and finds the relevant facts which are without dispute are as follo...
Views: 0
ORDER ON MOTION TO DISMISS AND FOR SANCTIONS THIS IS a “Chapter 26” case, and the matter presently under consideration is a Motion to Dismiss and for Sanctions filed by Harold and Jan Levitt (Levitts). A review of the record reveals that on July 13, 1990, the Debtor filed his first voluntary petition under Chapter 13 of the Bankruptcy Code. The initial filing was deficient in that it was ...
Views: 0
MEMORANDUM DECISION CAME ON for hearing the motion of Debtor to reopen this bankruptcy case to schedule the claim of Hans and Helga Von Schweinitz. This decision disposes of the matter. BACKGROUND FACTS Debtor, Billy G. Musgraves, assigned a certain real estate lien note in the face amount of $62,000.00, dated January 25, 1985 and executed by certain third parties (the Espinozas) as makers,...
Views: 0
OPINION H. Keith Howard, the former president and chief executive officer of Uly-Pak, Inc., seeks payment of his claim for sever-anee pay as an administrative expense entitled to priority. The trustee in Uly-Pak’s bankruptcy case objects to Howard’s claim. On February 24, 1989, Uly-Pak filed a Chapter 11 bankruptcy petition. In November 1989, after it became apparent that reorganizat...
Views: 1
ORDER ON MOTION TO REEXAMINE FEES THIS IS a Chapter 11 case and the matter under consideration is a Motion filed by counsel for Dennis Leek and Rita Leek (Debtors) who seek reexamination of fees paid by the Debtors to Lee Ellen Acevedo (Ms. Acevedo), the Debtors’ former attorney. The facts relevant to the issues stated by the Motion can be briefly summarized as follows. In September,...
Views: 1
ORDER ON MOTION TO ASSUME EXECUTORY CONTRACT THIS is a Chapter 11 reorganization case and the matter under consideration is a Motion filed by Fastrax, Inc. (Debtor), who seeks authority to assume an executory subcontract with Southwest Research Institute (Southwest), who vigorously opposes the Debtor's assumption of the executory subcontract involved in this controversy. The facts which a...
Views: 0
MEMORANDUM OPINION Statement of Facts Morris Wayne Riley (“Debtor”) filed for Chapter 7 bankruptcy relief on October 16, 1990. On this day he filed his schedules of assets and liabilities and a Statement of Affairs For a Debtor Not Engaged in Business. On December 7, 1990, he filed an Amended Statement of Affairs For a Debt- or Engaged in Business. The Plaintiffs Morrel, West an...
Views: 0
MEMORANDUM DECISION CAME ON for further consideration, upon remand by the district court for further consideration of the good faith issue under Section 1325(a)(3) of the Bankruptcy Code, the objection of Phyllis Bracher, the standing Chapter 13 Trustee for the Western District of Texas, El Paso Division, to confirmation of the Debtor’s Chapter 13 plan. Upon consideration of the materials...
Views: 0
ORDER ON MOTION TO IMPOSE SANCTIONS This is a Chapter 13 case and the matter under consideration is the Motion to Impose Sanctions filed by Merrill Lynch Equity Management, Inc. (Merrill Lynch) against the Debtor, Geraldine S. Barker (Debtor), and her attorney, Randolph A. Fabal (Fabal), pursuant to Bankruptcy Rule 9011. The Court has considered the Motion, together with the record and argument...
Views: 0
ORDER ON CONFIRMATION OF PLANS OF REORGANIZATION THESE are related, but not consolidated, Chapter 11 cases, one filed by Sovereign Oil Company (Sovereign) and the other filed by Melville Riley McCoy, a/k/a Mel McCoy, a/k/a M.R. McCoy d/b/a M.R. McCoy, Petroleum Geologist (McCoy). The matters under consideration are the feasibility of the Plans of Reorganization proposed by Sovereign and McCoy r...
Views: 1
MEMORANDUM OPINION Before the Court are various motions. We will discuss them seriatim. 1. May 1991 Rent, Motion No. 91-4352-M Second Pennsylvania Real Estate Corporation, Debtor’s landlord, seeks an order compelling Debtor’s payment of administrative rent for May 1991.1 The Debtor and Creditors’ Committee contend that any amounts due for the month of May should be set off, along with any amount...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case and the matter under consideration is the dis- *281 chargeability vel non of a debt owed to the General Motors Acceptance Corporation (GMAC), by the Defendant, Eileen T. McDonald (Debtor). It is the contention of GMAC that the debt admittedly owed by the Debtor to GMAC is nondischargeable by virtu...
Views: 2
MEMORANDUM DECISION CAME ON for hearing the Objection of Biglari Import Export, Inc. d/b/a The Ritz Oriental Rug Gallery (“Debtor/Biglari”) to the Claim of International Bank of Commerce (“IBOC”). The Debtor argues that IBOC’s claim should be reduced by $30,-214.00, the cost of ten Persian rugs which showed up missing when an inventory of the rugs pledged to IBOC was taken in December 1990. For t...
Views: 1
*180 MEMORANDUM ORDER GRANTING MOTION OF RIDGEDALE STATE BANK AND SIMCOR, INC. FOR SUMMARY JUDGMENT The above-entitled matter came on for hearing before the undersigned on the 17th day of June, 1991 on cross-motions for summary judgment in this proceeding to avoid allegedly preferential transfers under 11 U.S.C. § 547(b). The appearances were as follows: T. Chris Stewart for the ...
Views: 1
DECISION ON DEBTOR’S MOTION TO VACATE ORDER OF JANUARY 7, 1991 PROVIDING FOR AN EXAMINATION OF THE DEBTOR AND PRODUCTION OF DOCUMENTS PURSUANT TO BANKRUPTCY RULE 2004 Before the Court is the Debtor’s motion to vacate this Court’s order of January 7, 1991 which provides for an examination of the Debtor and production of documents pursuant to Bankruptcy Rule 2004. For the reasons set forth ...
Views: 2
MEMORANDUM AND ORDER ON MOTION FOR GENERAL INTERVENOR STATUS I. On June 6, 1991, the City of Bridgeport, Connecticut filed a petition under chapter 9 of the Bankruptcy Code. On June 6 the State of Connecticut and the Bridgeport Financial Review Board (together “the State”) 1 filed an objection to Bridgeport’s petition on the grounds, inter alia, that the City is not generally authorized t...
Views: 0
*115 ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT AND FINDINGS OF FACT AND CONCLUSIONS OF LAW, OR ALTERNATIVELY FOR NEW TRIAL CAME ON for consideration the motion of Plaintiff to alter or amend judgment and findings of fact and conclusions of law, or alternatively for new trial. Upon consideration thereof, the court finds and concludes that the motion should be DENIED. BA...
Views: 1
OPINION AND ORDER ON MOTION TO DISSOLVE PRELIMINARY INJUNCTION AND TO DISMISS ADVERSARY PROCEEDING I. Preliminary Considerations And Jurisdictional Statement This matter comes before the Court upon a motion (the “Motion”) of the United States of America (the “United States”) seeking: (1) dissolution of a preliminary injunction against the United States previously entered by t...
Views: 0
MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This cause is before the Court on the parties’ cross motions for summary judgment. At issue is whether it may be determined as a matter of law which of the parties has superior rights to the proceeds of the property at issue. The proceeding is core pursuant to 28 U.S.C. § 157(b)(2)(E). The following constitutes findings of...
Views: 0
ORDER ON MOTION TO VACATE ORDER GRANTING AMADA LEASING CORPORATION’S REQUEST FOR EX PARTE TERMINATION OF THE AUTOMATIC STAY THIS is a Chapter 11 case and the matter under consideration is a Motion To Vacate Order Granting Amada Leasing Corporation’s Request for Ex Parte Termination of the Automatic Stay. In order to put the Motion under consideration into proper perspective, a brief recap of the p...
Views: 0
ORDER APPROVING NUNC PRO TUNC EMPLOYMENT OF COUNSEL; ORDER APPROVING FIRST APPLICATION FOR FEES The matters before the Court are the motion for approval of employment nunc pro tunc, and for allowance of fees and costs, filed by the law firm of William Needier & Associates, Ltd. (Applicant). This Court has jurisdiction over these matters pursuant to 28 U.S.C. § 1334(b), and may ...
Views: 0
OPINION Before the Court are objections by a number of customers of Investors Center, Inc. (“Investors Center” or “ICI”) to the determinations made by Irving H. Picard, Esq. as Trustee for the liquidation of the business of Investors Center pursuant to the Securities Investor Protection Act of 1970, as amended (15 U.S.C. §§ 78aaa, et. seq.) (“SIPA”). 1 Also before the Court are...
Views: 0
This matter came before the Court for trial on the merits of an adversary complaint filed by the debtors seeking damages for violation of the automatic stay pursuant to 11 U.S.C. Section 362(h). FACTS 1. The debtors filed for relief under Chapter 13 of the bankruptcy code on March 16, 1990, and R. Geoffrey Levy was appointed bankruptcy trustee. 2. The Citizens and Southern Nation...
Views: 0
Plaintiff seeks a declaratory judgment that the Trustee may not rely upon the doctrine of marshaling to force the Plaintiff to forgo its security interest and lien in the Debtor’s receivables. By its cross-claim against the Trustee, Defendant SCN seeks the same declaration as Plaintiff. By his counterclaim, the Trustee seeks to invoke marshaling to require the Plaintiff to satisfy its claim aga...
Views: 1
ORDER This matter is before the Court on several motions. The Trustee, Mark Halverson, and attorney James Kerr seek attorney’s fees for services rendered in the prosecution of a fraudulent conveyance action. The estate’s only creditors, Farm Credit Services of Mankato and Earl Cameron Probate Estate (Cameron), each object to the other’s claim. Halverson and Kerr object to each other’s fee...
Views: 0
DECISION The trustee, Henry Dorman, and St. Mary’s Medical Center, Inc. (St. Mary’s), the sole creditor to have filed a claim in this case, have objected to the debtor’s claimed exemption of $59,611.50 awarded to her in settlement of a worker’s compensation claim submitted by her deceased husband, Marvin Brien (Brien). Other disputes between the parties regarding claimed exemptions have been reso...
Views: 0
ORDER This adversary proceeding arises as a result of a motion for relief from the automatic stay filed by C & S Family Credit, Inc. (“C & S”). C & S holds a first priority security interest in Debtor’s residence. LIB Properties, Ltd. (“LIB”), who holds a second priority security interest in Debtor’s residence, intervened in the C & S motion for relief from stay. Debtor filed the above-st...
Views: 0
OPINION RE MOTION TO COMPEL AMENDMENT In 1988 Mary Ross (“Debtor”) filed a voluntary chapter 11 petition that was later converted to a chapter 7 case. Among Debtor’s claimed exemptions is an exemption for alimony and child support with a listed value of “unknown.” The Chapter 7 Trustee (“Trustee”) has moved for entry of an order to compel Debtor to amend her schedules to list a specific value...
Views: 0
MEMORANDUM OPINION The issue for decision before the court involves the homestead exemption of Robert Franklin Spraker, Jr. (hereinafter debt- or or Spraker) of certain shares of stock or partnership interests held by him individually. The Chapter 7 Trustee received an offer from Messrs. Wendell and Kerr (hereinafter Wendell) to purchase all of the shares of stock or partnership interests in five ...
Views: 0
DECISION ON MOTION TO ENJOIN COLLECTION OF POST-PETITION CONDOMINIUM COMMON CHARGES This contested matter came on by Order To Show Cause on motion of the Chapter 7 debtors, Peter J. Raymond and Patricia M. Raymond, seeking an order pursuant to Sections 105(a) and 524(d) of the Bankruptcy Code (“Code”) enforcing the discharge injunction against Sutton North Condominium Association (“Sutton...
Views: 0
129 B.R. 38 (1991) In re DELAWARE RIVER STEVEDORES, INC., Debtor. Bankruptcy No. 91-13673S. United States Bankruptcy Court, E.D. Pennsylvania. July 16, 1991. Nathalie Martin, John F. Gough, Hoyle, Morris & Kerr, Philadelphia, Pa., for debtors. Stanley B. Gruber, Freedman & Lorry, P.C., Philadelphia, Pa., for employees. James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa., U.S. Truste...
Views: 1
MEMORANDUM OPINION This adversary proceeding involves the alleged wrongful termination of a New Hampshire beer distributor by the Adolph Coors Company. The distributor is no longer in business and is a debtor in this court. After deciding some preliminary motions, the Court held a trial from October 15-19, 1990, and heard oral arguments on October 25,1990. 1 Due to the extensiv...
Views: 0
MEMORANDUM OPINION In this case, the Chapter 7 trustee objected to the claim of John Oliver, Sr. of $62,-000.00 1 as not being a valid secured claim principally because “there is no security agreement substantiating the grant of any security interest.” The claimant contends that the financing statements also serve as a security agreement. Those statements were filed on April 29...
Views: 0
MEMORANDUM OPINION The debtor and creditors committee objected pursuant to 11 U.S.C. § 510(b) to the claims of officers and directors of PSNH who sought indemnification for liability and expenses incurred in a securities lawsuit. The objectors objected primarily on the ground of the proper classification of their claims not the amount of the claim. This court has jurisdiction over this matter u...
Views: 0
MEMORANDUM AND SCHEDULING ORDER I. On June 6, 1991, the City of Bridgeport, Connecticut, filed a petition under chapter 9 of the Bankruptcy Code. On June 12 the State of Connecticut and the Bridgeport Financial Review Board1 (together “the State”) filed an objection to Bridgeport’s petition on the grounds that Bridgeport is not generally authorized to be a debtor by State law (“Objection 1”), it i...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon the Motion to Dismiss filed by defendant. Argument on the motion was heard on May 1, 1991, and, the Court makes the following Findings of Fact and Conclusions of Law: Findings of Fact On February 16, 1990, defendant filed a chapter seven petition for relief and was granted a discharge on June 6, 1990. Def...
Views: 0
MEMORANDUM OPINION The matter for decision before the court is whether the failure to timely perfect a security interest in collateral is an unjustifiable impairment of collateral within Code of Virginia § 8.3-606, such that the objection to the motions for relief should be sustained. Background Dovetailed Enterprises, Inc. (hereinafter Dovetailed) is an entity in which James and Nancy Colbert (...
Views: 0
MEMORANDUM The matter for decision before the court involves the priority of the debtor’s homestead exemption over a third lien deed of trust placed on the debtor’s property pursuant to the plan confirmed in his chapter 11 case prior to conversion to Chapter 7. Facts The debtor filed his homestead deed on August 3, 1984, and claimed as exempt $5,000 of equity in certain real estate located in Au...
Views: 0
MEMORANDUM OF DECISION RE: STATUS OF DEBTOR’S INTEREST IN STATE EMPLOYEES RETIREMENT SYSTEM I. ISSUE The principal issue before the court is whether a non-retired debtor’s interest in the Connecticut state employees retirement system is property of the debtor’s estate. The court determines that it is not, but in the alternative, rules that if it is, a state statute permits the d...
Views: 1
MEMORANDUM OF DECISION AND ORDER RE: MOTION OF PHOENIX MUTUAL LIFE INSURANCE COMPANY FOR RELIEF FROM STAY OR, IN THE ALTERNATIVE, TO DISMISS CHAPTER 11 PETITION I. In this proceeding Phoenix Mutual Life Insurance Company (Phoenix) requests relief from stay to pursue a mortgage foreclosure action. In the alternative, Phoenix moves the court to dismiss the chapter 11 petition of Highpo...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER came before the court on February 12, 1991, on Cross-Motions for Summary Judgment on the debtors’ Complaint to Determine the Discharge of a Federal Income Tax Debt. The parties have submitted a Joint Stipulation of Facts *70 and Exhibits. The parties agree that there are no material issues of fact and have submitted the matter for decision a...
Views: 0
OPINION AND ORDER ON MOTION TO REOPEN CASE I.Introduction This matter is before the Court upon the Motion to Reopen Case filed by Robert A. and Paulette M. Eggleston, debtors in this closed Chapter 7 case. The Motion is opposed by a creditor, Andy Estates Development Corporation (“Andy Estates”). An evidentiary hearing was held on April 29, 1991, following which the Court took this matter under ...
Views: 1
ORDER GRANTING PARTIAL SUMMARY JUDGMENT Upon consideration of the record in the above-styled adversary proceeding, and in Case No. 88-01859-W In re Fitzgerald, De Arman & Roberts, Inc., the Court determines, concludes and orders as follows. On June 28, 1988, the Securities Investor Protection Corporation (“SIPC”) filed its application for a protective decree, com *654 me...
Views: 0
MEMORANDUM Before this Court is the Trustee’s Motion for Turnover of Property of the Estate. A hearing on the motion was held and supporting briefs were filed by the parties. The issues before the Court are: (I) whether Debtor’s interest in two ERISA qualified defined contribution plans are excluded as property of the estate pursuant to 11 U.S.C. § 541(c)(2) and (II) if Debtor’s inte...
Views: 1
ORDER SUSTAINING UNITED STATES OBJECTION TO PLAN OF REORGANIZATION THIS CAUSE came on for hearing upon the Objection to Plan of Reorganization *836 filed by the United States of America. The Court, having considered the Plan of Reorganization, the Objection to Plan of Reorganization, and the record, finds the relevant facts as follows: On July 20,1989, Visiting Nurse Association of Tampa Ba...
Views: 1
*295 ORDER ALLOWING FEES FOR THE ATTORNEY FOR THE TRUSTEE THIS CASE came on for consideration of the application for allowance of attorney’s fees for the attorney for the Chapter 7 trustee (Document No. 40). In this case, the court has approved the retention of the person of the trustee as attorney for the trustee. Thus, the trustee and the attorney are one and the same. Thi...
Views: 1
MEMORANDUM Dr. Jay H. Davidson (“the Claimant”) filed a Proof of Claim (No. 19)1 in the amount of $3,846.25 for “any unpaid benefits” arising out of his allegedly wrongful discharge as the Debtor’s “Chief of Medicine” pursuant to a written Memorandum of January 22, 1990, from William Vazquez, the Debtor’s President (“Vazquez”). Vazquez testified for the Debtor that he was hired in April, 1988, at...
Views: 1
MEMORANDUM ON TRUSTEE’S MOTION TO ALLOW CHAPTER 11 ADMINISTRATIVE EXPENSE CLAIM AND RELEASE OF FUNDS TO THE ESTATE The court is called upon to determine the status of a claim filed January 25, 1990, by the Commissioner of Revenue for the State of Tennessee (the State) in the amount of $37,893. The Chapter 7 trustee, Dean B. Farmer, contends that the State’s claim for unpaid sales taxes in...
Views: 0
MEMORANDUM OPINION AND ORDER *995 I Statement of Proceedings 1 This Chapter 12 case came before the Court on March 1, 1991 on Motion by the Chapter 12 trustee filed on February 19, 1991, for David Snider, as chief executive officer (hereinafter: “Respondent”) of the Chapter 12 Debtor Snider Farms, Inc. (hereinafter: “Debtor”), to show cause why...
Views: 0
MEMORANDUM OPINION This adversary proceeding brought by Kendall B. Ferebee against Francis Kenyon Ferebee, the debtor, involves a determination of dischargeability pursuant to 11 U.S.C. § 523(a)(5). The parties agreed to waive oral argument and evidentiary hearing and submitted the adversary proceeding to the court on a stipulation of the facts and memoranda of law. For the reasons stated below...
Views: 0
MEMORANDUM OPINION This matter is before the court on U.S. National Bank of Oregon’s motion for partial summary judgment. It is ripe for decision on the motion. In this adversary proceeding the trustee seeks to recover a preferential transfer under 11 U.S.C. § 547 1 by *207 invoking the Deprizio doctrine (Levit v. Ingersoll Rand Financial Corp. (In...
Views: 0
MEMORANDUM OPINION The debtor-in-possession in this chapter 11 case, Tycon I Building Limited Partnership, brought this adversary proceeding seeking payment to it of a $19,362.01 overpayment in county real estate taxes on property previously owned by the debtor. The issue is not whether a refund is justified but whether the refund should be paid by the county to the debtor or to Old Stone Bank,...
Views: 0
MEMORANDUM OPINION This memorandum opinion responds to two motions brought by Chase Manhattan Bank: a motion for a rule to show cause why postpetition transfers should not be declared null and void, and a motion for relief from the automatic stay. Since the two motions, involve substantially related issues they will both be dealt with in this opinion. For the reasons stated below, this co...
Views: 0
MEMORANDUM OPINION AND ORDER I Statement of Proceedings This Chapter 11 case comes before the Court on Motion filed on August 15, 1990 by Farm Credit Services of Mid-America, ACA (hereinafter: “FCS”) for Interpretation of Confirmed Plan and for Determination of Payments due Unsecured Creditors for Crop Year 1989 pursuant to Amended Plan and Disclosure Statement filed by the ...
Views: 0
OPINION Before the court are the merits of the involuntary bankruptcy petitions filed against three limited partnerships. The petitioning creditors are Excavating Construction, Inc. (“ECI”), Adams Outdoor Advertising, Inc. (“Adams”) and Morris Black & Sons, Inc. (“Morris Black”). The involuntary debtors are Moserbeth Associates I, L.P. (“Moserbeth”), Forks Properties, L.P. (“Forks”) and W...
Views: 0
ORDER CLARIFYING THIS COURT’S APRIL 5, 1991 DECISION AND ORDER ON MOTION OF PLAINTIFF TO STRIKE CROSS-CLAIMS AND COUNTERCLAIMS On May 28, 1991, this Court requested counsel for Bettina M. Whyte, Fiscal Agent, Merlin Express, Inc., Fairchild Gen-Aero, Inc., Texas National Airlines (collectively the “Plaintiffs”) and GMF Investments, Inc. (“GMFI”) to deliver an order to this Court clarifying this Co...
Views: 0
MEMORANDUM OPINION This matter comes before the Court upon the motion of Major Alice Anderson to allow her claim to be filed out-of-time or, alternatively, to allow late filing of her claim pursuant to 50 U.S.C.Appx. § 525, the Soldiers and Sailors Relief Act. The Daikon Shield Claimants Trust (the “Trust”) opposed the motion on the grounds that the Soldiers and Sailors Relief *458Act does not “t...
Views: 0
MEMORANDUM OF DECISION This cause came before the court on the application of H.L. Raburn & Co. for compensation for accounting services provided the Chapter 7 Trustee and on the objection of four creditors to that application. The court has presided at three hearings and examined the record. After evaluating the evidence in the framework of applicable law, the court finds that H.L. Rabur...
Views: 0
MEMORANDUM AND ORDER ON THE OBJECTION OF THE STATE OF CONNECTICUT TO CHAPTER 9 PETITION BACKGROUND On June 6, 1991, the City of Bridgeport, Connecticut, filed a petition under chapter 9 of the Bankruptcy Code. On June 12 the State of Connecticut and the Bridgeport Financial Review Board 1 (together “the State”) filed an objection to the petition, see 11 U.S.C. §...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT I Statement of Proceedings This Adversary Proceeding came before the Court for hearing on March 26,1991 on a Motion for Summary Judgment filed by Plaintiff, Thomas N. Leslie, (hereinafter: “Plaintiff”) on December 10, 1991. The Plaintiff filed his brief in support of his motion and an affidavit by Terri Hart in supp...
Views: 0
MEMORANDUM OF OPINION I Movant filed a motion for relief from the automatic stay to continue with its foreclosure after the debtors converted their bankruptcy case from Chapter 13 to Chapter 7. The Court denies the motion as moot because movant obtained an order lifting the automatic stay before the case was converted to Chapter 7. II FACTS The debtors filed...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon complaint of Barnett Bank of Marion County, N.A., seeking to except three debts from discharge pursuant to 11 U.S.C. § 523(a)(2)(B). A trial was held on May 8, 1991, and upon the evidence presented, the Courts enters the following Findings of Fact and Conclusions of Law: Findings of Fact Defen...
Views: 2
OPINION RE MOTION TO VACATE JUDGMENT I. INTRODUCTION A. Summary of the Instant Dispute. An attorney has asked me to vacate an order requiring him to disgorge compensation he received from a debtor prior to the commencement of the debtor’s bankruptcy case. The attorney asserts that my order is void because it was based on conclusions of law that were later rejected o...
Views: 2
MEMORANDUM OF DECISION This matter comes before the court on PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND REQUEST FOR ARGUMENT THEREON. A hearing was held on the motion on May 6,1991, after which the court took the matter under advisement. The court now grants the Plaintiff’s motion for the reasons stated below. JURISDICTION Pursuant to 28 U.S.C. § 157(a) and the October 7, 1988 ...
Views: 2
MEMORANDUM OPINION AND ORDER Plaintiffs Transamerica Commercial Finance Corporation (Transamerica), a sue-cessor-in-interest to Borg-Warner Acceptance Corporation, and Wilmington Trust Company have filed separate, but factually related complaints against debtors L. Gene Jarrell and Gladys E. Jarrell. The plaintiffs object to the discharge of their debts, based on 11 U.S.C. § 727, and alternativel...
Views: 1
MEMORANDUM OPINION AND ORDER In this adversary proceeding, Hiram N. Lasher moves for summary judgment on Count III of the amended complaint of Harold and S. Jean Marvel, debtors. Count III states an abuse of process claim and seeks unspecified damages. This Court has jurisdiction pursuant to 28 U.S.C. § 157, and this is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (K), and (0). I. FACTS In c...
Views: 0
MEMORANDUM OPINION Debtor was engaged in the handling, processing and disposal of hazardous wastes. Merchants Bank (hereinafter Bank) was the principal financial institution lending funds to debtor. The Bank attempted to secure its loans by taking a security interest from debtor and duly perfecting same. The wording in the Bank’s security agreement was as broad as possible and included general ...
Views: 0
ORDER Charles and Diana Cook have filed to lift the automatic stay in this case. A number of parties, other than the debtor, have resisted that motion. The Court stayed ruling until the issue of the filing of schedules and statements was resolved. That issue has now been resolved and the Court will issue an order as to the modification of the automatic stay. Debtor, at least by the allegations of ...
Views: 0
ORDER The entity using the name Video systems Design & Sales, Inc. (whatever is its legal composition) filed a petition for reorganization under Chapter 11 on or about April 8, 1991. This was accomplished without the benefit of the services of an attorney. This was, in part, because the entity had used one Theodore Barnes as its counsel and he did not feel that he should be its counsel in...
Views: 0
FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW This matter is before the Court on the Debtor’s Complaint to Compel Turnover of *153Property or, in the Alternative, to Reject Executory Contract and Receive Immediate Return of Deposit (Adv. Doc. 1); the Debt- or’s Motion for Expedited Hearing On Debtor’s Turnover Complaint Against Cincinnati Gas & Electric Company or in the Alternative to Reject ...
Views: 0
MEMORANDUM OPINION Debtors filed a petition for relief on March 22, 1991. They listed Dayle C. and Margaret C. Thornsberry as secured creditors holding a purchase money security interest in the amount of $19,360.00 in a lot and mobile home purchased in August of 1989. Debtors claimed said lot and mobile home as their homestead and thereby claimed as exempt the $3,640.00 of equity which th...
Views: 1
MEMORANDUM OPINION AND ORDER GEC Industries, Inc., formerly known as Gates Engineering Co. (Gates), brought a turnover/preference action against Colonial Rubber Works, Inc. (Colonial). Gates seeks to recover the value of certain roofing materials purchased from Colonial and which were stored at Colonial’s warehouse facilities. Gates contends that Colonial wrongfully converted bailed goods...
Views: 0
MEMORANDUM ORDER DENYING TRUSTEE’S MOTION TO EMPLOY REALTOR The above-entitled matter came on for hearing before the undersigned on the 26th day of June, 1991 on the Trustee’s motion to approve his application to employ a realtor over the objection of the United States Trustee. The appearances were as follows: James Ramette, the Trustee, in propria persona; and Mark Weber, the ...
Views: 0
OPINION A. INTRODUCTION The instant proceeding was instituted by a discharged Chapter 7 debtor, who did not seek to assume her alleged leasehold rights in a public housing unit, in order to have this court establish her continuing rights in the unit as a “remaining member” of a public housing tenant family (a “remain-er”). We believe that a substantial question' is presented as t...
Views: 1
MEMORANDUM OF DECISION Presently before the court is the application of Donald C. Brown (Brown) for allowance of an administrative expense claim pursuant to 11 U.S.C. § 365(d)(3). Brown is the owner/lessor of non-residential real property leased by Kenneth J. Lunn and Carole Jean Lunn (Debtors), for their business, Lunn’s Drive-Thru. The requested amount of the claim is $4,731.98, represe...
Views: 0
ORDER GRANTING MOTION OF CITIZENS BANKING COMPANY FOR RELIEF FROM AUTOMATIC STAY This matter is before the Court upon a motion filed by Citizens Banking Company on April 19, 1991 seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a). An “Objection” to the motion was filed by the debtors on May 2, 1991. The bases of the debtors’ objection is that they seek to reaffirm their debt to C...
Views: 0
OPINION AND ORDER ON REMAND I. Procedural History and Facts These matters are before the Court following an appeal by Amerifirst Bank N.A. (“Amerifirst” or “RTC” 1 ) of this Court’s decision of In re Cardinal Industries, Inc., 118 B.R. 971 (1990). The District *508 Judge remanded these matters to this Court “for reconsideration of its opinio...
Views: 8
MEMORANDUM OPINION The FDIC brought a motion for summary judgment against the plaintiffs 1 in this lender liability action. The FDIC principally relies on the D’Oench doctrine and 12 U.S.C. § 1823(e); it claims the alleged unwritten secret agreements cannot constitute a claim against the FDIC. The Court heard oral arguments on March 22, 1991, and I then took the matt...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon the Reaffirmation Agreement between the Debtors and NCNB National Bank (“NCNB”). A hearing was held on May 15, 1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact On March 5,1991, the Debtors filed their Chapter 7 petition. At no point duri...
Views: 1
MEMORANDUM OPINION ISSUE Can the claim of a creditor who receives notice of a bankruptcy filing in time to participate in dividends, if any, paid by the trustee, on the basis of what is termed in 11 U.S.C. section 726(a)(2)(C) a “tardily filed claim,” on a par with creditors whose claims were filed before the claims bar date, be discharged, in view of 11 U.S.C. section 523(a)(3), eve...
Views: 0
MEMORANDUM OPINION Rainbow Manufacturing Company, Debt- or, Plaintiff, filed a “Complaint to Avoid Lien and to Recover Preferential Transfers” on April 5, 1991. Plaintiff amended its complaint on April 18, 1991. The Bank of Fitzgerald, Defendant, filed its answer on May 3, 1991. Plaintiff filed its “Motion for Partial Summary Judgment” on May 28, 1991. Defendant filed its “Cross Motion fo...
Views: 0
DECISION AND ORDER Heard on Hugo Key & Son, Inc.’s Complaint for Turnover of Property pursuant to 11 U.S.C. § 542, and on Precast Structures, Inc.’s Answer, as well as Precast’s Motion for Instructions. Upon consideration, and for the following reasons, it is ORDERED that Hugo Key’s complaint for turnover, is GRANTED. The relevant facts, in summary, are as follows: Precast brought suit against Hu...
Views: 0
DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION On September 23, 1985, Tacoma Boat-building Company (“Tacoma” or “Debtor”), a Washington based ship manufacturer, filed a petition for reorganization under *366Chapter 11 of Title 11 of the United States Code (the “Code”). Tacoma became a debt- or in possession under Sections 1107 and 1108 of the Code, and its First Amended ...
Views: 0
OPINION Plaintiff Leslie Salt Company (“Plaintiff”) filed a complaint against Defendants Marshland Development, Inc. and David B. Hoxie (“Defendants”) in state court on August 22, 1988, seeking $4,280,000.00 for environmental damage to Plaintiff’s real property. Defendants filed their Chapter 11 petitions on April 5, 1990, eighteen days before the state court case was scheduled to go to t...
Views: 0
MEMORANDUM AND ORDER ON CONFIRMATION OF DEBTOR’S THIRD AMENDED PLAN AS MODIFIED I. The debtor, a Connecticut limited partnership, purchased a commercial office building located at 300 Broad Street, Stamford, Connecticut (the “building”), in December, 1986, from HAB Stamford Associates for $8,000,000.00. The purchase was made subject to a $5,050,000.00 note dated June 14, 1985 (the “P...
Views: 1
*76 MEMORANDUM OPINION This case is before the court on the debt- or’s motion for determination of contempt against the Naval Air Federal Credit Union. Hearing on the motion was held May 9, 1991, at which time both parties presented evidence and argument. For reasons stated in this opinion, the motion will be denied. Facts The debtors filed a joint chapter 13 petition on October 7, 19...
Views: 0
MEMORANDUM DECISION This adversary action was filed by the then debtor-in-possession, Express Freight Lines, Inc. (“Express”), on February 20, 1990. The complaint asked the court to disallow Frank C. Kelly’s (“Kelly”) claim for setoff of the full amount (accelerated as of the date of filing) of obligations that the parties owed each other. The complaint further demanded payment by Kelly of his ...
Views: 0
OPINION AND ORDER ON OBJECTION TO CLAIM I.Procedural Background This matter is before the Court after a hearing on the debtors’ objection to the proof of claim of Etna Battery Company (“Etna”). For the reasons which follow, the debtors’ objection to the secured status of Etna’s claim is sustained and Etna’s claim will be allowed only as unsecured for purposes of distribution in this Chapter 13 ...
Views: 0
OPINION A. INTRODUCTION The instant proceeding to determine whether certain obligations undertaken by the Debtor-husband in a separation agreement with his ex-wife are nondischargeable as support and alimony to her under 11 U.S.C. § 523(a)(5), or are dischargeable as elements of a property settlement, obliges us to apply the principles set forth in In re Gianakas, 917 F.2d 759 (3d Cir.1990)...
Views: 1
OPINION AND ORDER ON MOTIONS FOR TURNOVER OF PROPERTY FOR RELIEF FROM STAY I. Preliminary Considerations and Jurisdictional Statement These matters are before the Court upon the filing of various pleadings in the debt- or’s main Chapter 13 bankruptcy case and in an adversary proceeding initiated by the debtor on December 21, 1990. Specifically, the Court is asked to rule upon the following:...
Views: 0
DECISION AND ORDER DENYING MOTION OF OPTI-GAGE, INC. (DOC. #12) TO STRIKE CROSS-CLAIMS OF DEFENDANTS CAVENDERS AGAINST OPTI-GAGE, INC. Before the court is a motion of the debt- or in possession, Opti-Gage, Inc., to strike cross-claims of Donna and Walter Caven-der made against the debtor in possession in this adversary proceeding. FACTS Opti-Gage, Inc., filed a petition in bankr...
Views: 1
*680 FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon Trustee’s Motion for Authority to Sell Transcon Equipment Free and Clear of Liens and Other Interests and the objection of OHA, Inc. A hearing was held on May 31, 1991, and continued to June 6,1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings...
Views: 0
MEMORANDUM OF DECISION This matter came before the court on the objection of the debtor, Mansfield Ferrous Castings, Inc. (Mansfield) to (1) the allowance of a claim by Bank One, Mansfield, N.A. as Trustee of the Mansfield Employee Stock Ownership Plan and Trust (ESOP Trustee) in the amount of $574,573.47 (ESOP Claim); and (2) the allowance of 94 claims filed by former employees of Mansfield (Empl...
Views: 0
MEMORANDUM AND ORDER This adversary proceeding arises by Complaint of Medcenter One, Inc., a hospital situated in Bismarck, North Dakota (Hospital), seeking a determination that it has a perfected hospital lien for the value of hospital services provided the Debtor, Albert W. Dueis, and that its lien is unaffected by either the event of bankruptcy or section 26.1-41-10 of the North Dakota Centu...
Views: 4
MEMORANDUM OPINION This case is pending on the motion of the debtor pursuant to title 11 U.S.C. § 522(f)(1) to avoid the lien of Engle Realty, Inc. on the residence of the debtor as a judicial lien that impairs an exemption of the debtor in real property. Findings of Fact: The residence of the debtor, a house and lot located at 1642 Lindy Lane, Lexington, Kentucky, is valued in the schedu...
Views: 0
MEMORANDUM OF DECISION The debtors in possession, Galen Monroe Oakes and Beulah Lehman Oakes, dba Oakes Management (Oakes or Debtors), filed a Motion for Instructions on April 9, 1991 and requested the court to clarify what, if any, impact the granting of relief from the automatic stay to Aetna Life Insurance Company (Aetna) has on the prior adequate protection orders entered by this court. The...
Views: 0
OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT I. Preliminary Considerations The defendant in this adversary proceeding, Society Bank & Trust (“Society”), has *495 moved for summary judgment on its affirmative defense. The plaintiff, Nora E. Jones, trustee of the Chapter 7 bankruptcy estate of Paul and Lisa Riggs (“Trustee”), opposes that motion and has cross ...
Views: 1
*372 DECISION ON MOTION FOR AN ORDER DISMISSING FIRST AND SECOND CLAIMS IN COMPLAINT The Chapter 7 debtor, Robert K. Marce-ca, has moved pursuant to Fed.R.Civ.P. 12(b)(6) and Bankruptcy Rule 7012 to dismiss the plaintiffs’ adversary proceeding for failure to state a claim upon which relief can be granted. The plaintiffs filed a complaint to determine the nondischarge-ability of t...
Views: 1
MEMORANDUM The United States objects to confirmation of the debtors’ proposed Chapter 11 plan. The government has a priority unsecured tax claim for about $61,000. The plan proposes to pay the claim in full with 10% interest. The government objects to the timing of the payments. Under the proposed plan, the government will not receive any payment on the claim until about three years after ...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF COUNTERCLAIM The trustee in bankruptcy in this Chapter 7 case has moved to dismiss the counterclaim of defendant, Marine Midland Bank (N.A.) (“Marine”), as legally insufficient pursuant to Fed.R.Civ.P. 12(b)(6). Marine’s counterclaim to the trustee’s adversary action to set aside an alleged preferential transfer asserts that Marine obtain...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on Debtor’s “Motion to Vacate Order on Motion to Prohibit Use of Cash Collateral and Noncash Collateral, to Require Sequestration of Cash Collateral, to Require an Accounting Regarding Cash Collateral and Noncash Collateral and for Adequate Protection with Respect to Cash Collateral and Noncash Collateral” filed May 24, 1991 ...
Views: 3
MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. The parties have stipulated that this is a “core proceeding” which the Court may hear and enter appropriate judgments pursuant to 28 U.S.C. §...
Views: 1
MEMORANDUM OPINION Before the Court is a Motion To Reject Collective Bargaining Agreement filed by George Cindrich General Contracting, Inc. (“debtor”); said agreement is presently in effect with respondent Teamsters Local No. 341 (“union”). Debtor contends that it has complied with all of the statutory requirements for rejecting the collective bargaining agreement. Union opposes the...
Views: 1
DECISION ON AMERICAN MOTOR CLUB’S MOTION TO COMPEL DISCOVERY Before the Court is Defendant American Motor Club’s (hereinafter “AMC” or “Defendant” or “Debtor”) motion to compel discovery of plaintiff John Senise (hereinafter “Senise”) and codefendant Marie Neu (hereinafter “Neu”).1 For the reasons set forth below, the motion is granted. *983FACTS Defendant AMC, a New York corporation was in the b...
Views: 0
MEMORANDUM OPINION Debtor filed his petition for relief on November 30, 1990. The clerk issued the FJC/Bancap 3320 trn 341 Notice form which is regularly used to transmit to all creditors, inter alia, the notice of the filing of the case, the debtor’s name, his counsel’s name, the case number, the date and time of the Section 341 meeting and the Filing Deadlines for Section 523(c) and Sec...
Views: 2
MEMORANDUM AND SECOND ORDER ON THE OBJECTION OF THE STATE OF CONNECTICUT TO CHAPTER 9 PETITION BACKGROUND On June 6, 1991, the City of Bridgeport, Connecticut, filed a petition under chapter 9 of the Bankruptcy Code. On June 12, the State of Connecticut and the Bridgeport Financial Review Board 1 (together “the State”) filed an objection to the petition, see 11 ...
Views: 0
MEMORANDUM AND DECISION The Debtor, Robert Mason, has proposed a modified reorganization Plan pursuant to *991 11 U.S.C. § 1201 et seq. Objections to the modified Plan have been filed by Farmers Home Administration (“FmHA”) and Farm Credit of Western New York, ACA (“Farm Credit”). The objections of FmHA and Farm Credit are sustained. This Debtor is no stranger to the Bankruptcy Court. In 19...
Views: 0
MEMORANDUM OPINION Express America, Inc. (hereinafter “debt- or”) has brought a turnover action pursuant to 11 U.S.C. § 542 against Wendy Siv-ley, trading as Alabama Cartage Company (hereinafter “defendant”). Debtor alleges that defendant has failed to pay $228,034.43 that is owed by defendant under a carrier-agent agreement whereby defendant performed as debtor’s freight agent. Defe...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Chapter 7 Trustee’s Motion for Turnover of Property from Debtor filed June 26, 1991, and the Debtor’s Objection thereto. On July 22, 1988, the Debtor filed a Chapter 13 petition. In her schedules she listed a 1985 Lincoln automobile as an asset valued at $15,000.00 and upon which she owed $15,000.00. The Debtor’s Chapt...
Views: 1
MEMORANDUM OF DECISION DENYING DISCHARGEABILITY OF A DEBT The issues raised by plaintiff creditors’ renewed motion for summary judgment and defendant Debtor’s opposition and cross motion for summary judgment involve how collateral estoppel should be applied in this dischargeability litigation under 11 U.S.C. § 523(a)(6). Both the creditors and the Debtor seek to invoke collateral estoppel...
Views: 3
MEMORANDUM OPINION These chapter 13 Debtors seek a determination that their pre-petition tax liability has been discharged. When the Debtors filed their schedules, they listed the Internal Revenue Service as a creditor, but claimed they didn’t owe any taxes. Their plan was confirmed and a discharge was granted. Despite its prior knowledge of this case, only after the entry of the discharg...
Views: 1
OPINION In these two unrelated chapter 13 cases, the issue presented is the appropriate interest rate to be applied to the allowed secured claim of the secured creditor under 11 U.S.C. § 1325(a)(5)(B)(ii). In each case, the debtor proposes to retain a motor vehicle and to pay to the secured creditor the value of the vehicle over the term of the chapter 13 plan, with ten percent interest. ...
Views: 2
MEMORANDUM DECISION AND ORDER The trial of this nondischargeability action commenced November 30, 1990, and was continued for calendaring reasons to March 6, 1991. In the interim, the United States Supreme Court’s ruling in Grogan v. Garner, — U.S. -, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991), indicated that the standard of persuasion in actions to determine the dischargeability of...
Views: 0
*324DECISION AND ORDER Heard on December 20, 1990, February 7, and February 13, 1991, on the Debtor’s objection to the application of the Chapter 11 Trustee to employ an auctioneer, pursuant to 11 U.S.C. § 327(a) and Bankr.R. 2014(a). The Debtor in this 1987 case owns real estate in Cumberland, Rhode Island, which has been partially subdivided. The platted section consists of approximately 130,00...
Views: 0
MEMORANDUM OF OPINION This chapter 11 proceeding was filed on January 27, 1988. The business was operated for a year and a half by the Debtor as debtor in possession. Subsequently on June 30, 1989 Philip Zimmerman was appointed trustee; he was succeeded on May 11, 1990 by Saul Eisen. Shortly thereafter Mr. Eisen concluded that the Debtor could not be reorganized as a going concern and that its bus...
Views: 0
DECISION AND ORDER Heard on the Chapter 11 Trustee’s Motion To Adjudge Dade Service Company (Dade) and/or ADB Investors (ADB) in Contempt, for their failure to pay real estate taxes on the property located at 458 Hope Street, Providence, Rhode Island, and known as the Max Sugarman Funeral Home. ADB is the former lessor, and Dade is the former lessee (now a tenant at sufferance) in the subject p...
Views: 1
MEMORANDUM OF OPINION The Debtor filed this adversary proceeding to avoid an alleged preferential transfer to the defendant. The parties have filed several motions and briefs, from which it appears that there is no factual dispute; the parties have agreed that the Court should decide this case on the basis of their briefs and the other relevant papers filed by them. These other relevant papers com...
Views: 6
MEMORANDUM OF OPINION This is an adversary proceeding filed by the plaintiff, William Longo, Sr., which requests the Court to find that his claims against the defendant-debtor, William J. McLaren, are not dischargeable. Debtor initiated his case on December 22, 1988 by filing his petition in chapter 11. The ease was converted to chapter 7 on January 22, 1990. The 341 meeting in the chapte...
Views: 1
DECISION AND ORDER Before the Court, on briefs, is the defendant, Durfee Attleboro Bank’s Motion for Summary Judgment. Based upon the applicable law, and because there is no genuine issue of material fact to be tried, the Motion for Summary Judgment is GRANTED. The undisputed facts are as follows: On February 8, 1988, Newport Plaza Associates executed and delivered to the Bank a promissory note i...
Views: 0
MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT On December 10, 1990, a hearing was held upon cross motions for summary judgment arising from a Complaint to Determine Validity, Extent and Priority of Liens related to the above-styled case pending before this Court under Chapter 11 of the Bankruptcy Code. Upon consideration of the evidence, the voluminous briefs and other documentation submitt...
Views: 0
DECISION AND ORDER Before the Court is the Complaint of Stephen S. Gray, the Chapter 11 Trustee of Paris Industries Corporation (Paris), who seeks to recover two payments, totalling $21,125, as preferential transfers made by Paris to the Defendant A.I. Credit Corporation (AIC). The matter has been submitted on briefs. 1 In Drabkin v. A.I. Credit Corp., 800 F.2d 115...
Views: 2
*493 MEMORANDUM OF OPINION AND DECISION This matter is before the Court on Trustee’s First Amended Complaint to determine validity and priority of liens and to set aside fraudulent conveyance and/or preferential transfer to which answers were filed. At pretrial, the parties agreed to submit for preliminary determination the issue of the legality of Defendant, Alan Sandler’s attes...
Views: 2
Heard on November 6, 1990, on the Trustee’s objection to the Application of Horizons Hotels Corporation for Reconsideration of our August 9, 1990 Order disallowing Horizons’ “priority administrative claim” filed on March 15, 1990. The basis upon which Horizons’ alleged claim originated is set forth in detail in our August 9, 1990 Decision and Order. Accordingly, our discussion herein is li...
Views: 1
MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO EXEMPTIONS The Court held a hearing on June 10, 1991 upon the Trustee’s Objection to Exemptions. This Court has jurisdiction of this matter under 28 U.S.C. § 1334(a), (b) and (d), 28 U.S.C. § 157(a) and the standing Order of Reference in this District. This is a core proceeding under 28 U.S.C. § 157(b)(2)(B). Based upon the pleadings, the recor...
Views: 0
MEMORANDUM OPINION The LaSalle National Bank (“LaSalle Bank”), has moved for relief from the automatic stay or for dismissal or conversion of these chapter 11 cases to chapter 7. The LaSalle Bank wants to foreclose its mort *56 gage on the Debtor’s golf course and adjoining property. LaSalle Bank has also moved for the turnover of proceeds or sequestration of proceeds of the ...
Views: 0
MEMORANDUM OPINION The Debtor/Plaintiff is a contractor. Among the assets of this estate are the interest of the Debtor in a payment bond covering a construction project in which the Debtor did work and the rights to payment for that work. The Debtor and the issuer of the payment bond, Reliance Insurance Company, which is a named defendant, have moved for summary judgment declaring that o...
Views: 1
MEMORANDUM OPINION The Debtor, Modern Steel Treating Co., has moved the Court to modify its confirmed Plan of Reorganization. The Grahams, who are shareholders of the Debtor, as well as holders of unsecured claims, have moved to compel the execution of an agreement referred to in the Plan. The matters were tried before the Court and have been fully argued. These are core matters under 28 ...
Views: 2
MEMORANDUM OPINION ON PLAINTIFF’S COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT A trial was held on May 20, 1991 on the Complaint filed by the Debtor, Thomas L. Haga, to Determine Dischargeability of Debt of National Union Fire Insurance Company of Pittsburgh, Pa. This Court has jurisdiction of this case pursuant to 28 U.S.C. § 1334(b) and (d), 28 U.S.C. § 157(a) and (b)(1) and the...
Views: 1
MEMORANDUM OPINION The Debtor owns a half-empty shopping center encumbered by a mortgage held by Prudential Insurance Company of America. After Prudential obtained the appointment of a receiver in a state-court foreclosure action, the Debtor filed this chapter 11 case. Now Prudential wants this Court to abstain or to dismiss the case; to excuse the receiver from surrendering possession of certa...
Views: 5
ORDER ON MOTION TO EXTEND EXCLUSIVITY The Court has before it a motion to extend exclusivity by the debtor which was heard on July 2, 1991. The exclusivity period of 120 days after the filing of the chapter 11 as provided by the Bankruptcy Code actually would have lapsed on June 27, 1991 but the Court, ex parte, extended that exclusivity until today’s hearing date on the request of the debtor. The...
Views: 0
MEMORANDUM OPINION AND ORDER ON TRUSTEE’S COMPLAINT TO AVOID PREFERENTIAL TRANSFERS This proceeding, having come on for non-jury trial before this Court on March 27, 1991, and the Court having heard the testimony of live witnesses as well as depositions read into the record, having reviewed the documents submitted into evidence by the parties, having heard argument of counsel, and having ...
Views: 0
OPINION OVERVIEW This is an appeal from a bankruptcy court order denying a voluntary motion to dismiss. We AFFIRM. FACTS On January 30, 1990, Appellant Mickey Dean Leach (“Leach”) filed a Chapter 7 bankruptcy petition. Within the 240 days prior to the filing of the petition, Appellee United States of America Internal Revenue Service, (“the United States”) assessed personal ...
Views: 0
*95 MEMORANDUM OF DECISION Planned Protective Services, Inc. (“PPS”), acting under its confirmed Chapter 11 plan of reorganization, seeks the Court’s approval for the compromise of a claim held by Julius and Gladys Levinson concerning their entitlement, as secured creditors, to proceeds from the sale of certain real property of debtor’s estate. The Court has jurisdiction over the...
Views: 0
MEMORANDUM OPINION A hearing was held September 26, 1990, on a Motion for Relief from Automatic Stay filed by Charter Thrift & Loan. The parties were given fifteen days to file supplemental memoranda. After a complete review of the pleadings filed and the law *100 relevant to the issue at hand, the Court issues the following Order. Charter Thrift & Loan (Chart...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on a motion to dismiss filed by the defendant, Mary T. Lyons (“Mary Lyons”). For the reasons set forth herein, the Court hereby allows the motion to dismiss. I. JURISDICTION AND PROCEDURE The Court has jurisdiction to entertain this motion pursuant to 28 U.S.C. § 1334 and General Rule 2.33(a) of the United States District Cou...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION This matter comes before this Court on a turnover complaint filed by trustee Charles W. Riske (the “Plaintiff”) against debtor Merrill Wayne Brown (the “Debtor”) and Gaylord Container Corporation (“Gaylord”) (collectively the “Defendants”), the latter being the holder of Mr. Brown’s interest in the Gaylord Retirement Savings Plan (the “Plan”). The Def...
Views: 1
*103 MEMORANDUM OPINION A hearing was held concerning the confirmation of the debtors’ Chapter 13 plan. The Court took the matter under advisement and issues the following order. The debtors in this case, Gary and Diane Smith, filed a Chapter 13 Petition on April 25, 1988. The plan they propose provides, in part, that the debtors will pay the sum of $180.00 per month for a p...
Views: 0
MEMORANDUM AND ORDER ON MOTION FOR VALUATION OF PROPERTY UNDER CODE § 506(a) I. The debtor, a Texas limited partnership, was formed on November 23, 1987, for the purpose of, inter alia, purchasing for $3,375,000.00 the A-Quality Mini-Warehouse Storage Facility (“the property”), located in Stone Mountain, DeKalb County, Georgia. On December 4, 1987, the debtor executed a $2...
Views: 0
ORDER SUSTAINING IN PART, AND OVERRULING IN PART, THE TRUSTEE’S OBJECTIONS TO THE DEBTOR’S CLAIMED EXEMPTIONS THIS MATTER came before the Court on February 19, 1991, upon the trustee’s' objections to the debtor’s claimed exemptions, and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of coun...
Views: 0
MEMORANDUM OF DECISION ON TRUSTEE’S MOTION FOR PROTECTIVE ORDER This matter 1 is before us on Trustee’s motion for a protective order precluding Bank from deposing Trustee. Bank opposes motion. We deny Trustee’s motion. 2 First, the work product doctrine cannot be raised to preclude the taking of a deposition. Trustee’s remedy is to raise the work product doctrine, or any other privilege at...
Views: 0
MEMORANDUM OF DECISION ON MOTION FOR SANCTIONS 1 Dr. North seeks sanctions 2 against Board for violation of the Bankruptcy Code’s automatic stay because Board refuses to stay its pre-petition administrative Order suspending Dr. North’s Chiropractic license for non-payment of pre-petition state taxes. Thus, we hold Board’s license suspension Order is stayed from taking e...
Views: 3
ORDER Hugh D. Evans and Frances L. Evans, debtors in this Chapter 13 proceeding (here *358 inafter “debtors”), object to the claim of Avco Financial Services of Georgia, Inc. (hereinafter “Avco”). Avco objects to confirmation of the debtors' plan. Debtors contend their loan with Avco which forms the basis for Avco’s proof of claim is usurious. Avco initially contended the debtors’ proposed pl...
Views: 1
MEMORANDUM OF DECISION ON MOTION TO EXTEND TIME TO FILE A PROOF OF CLAIM Barclays filed the instant motion 1 to enlarge the time to file a proof of claim. We deny Barclays’ motion because Barclays received actual notice of the claims bar date and its failure to file timely does not meet the excusable neglect standard articulated in Bankruptcy Rule 9006(b)(1). Alternatively, Bar...
Views: 0
*376 MEMORANDUM OF DECISION ON CONFIRMATION OF CHAPTER 12 PLAN 1 This matter is before us on remand from the District Court and Debtor’s modification of its Chapter 12 reorganization plan. We confirm Debtor’s plan as modified. BACKGROUND Debtor and spouse operated a 138 acre dairy farm in Bridport and Cornwall, Vermont for several years. In 1988, Debtor encounte...
Views: 0
DECISION RE NOTICE OF CONVERSION AND PRAECIPE SEEKING TO WITHDRAW MOTION TO CONVERT This case began as an involuntary Chapter 7 case. Alleging acts of fraud on the part of debtor’s management, the petitioning creditors sought and, with the debtor’s consent, obtained the appointment of an interim trustee prior to the entry of an order for relief. After entry of the order for relief the debtor fi...
Views: 0
MEMORANDUM OPINION Debtors Dennis L. and Carla S. Gibson filed their petition for relief under Chapter 7. Sears Consumer Financial Corporation filed its complaint in this adversary action on March 5, 1991. Debtors filed a Motion To Dismiss, alleging that the complaint was filed out of time. However, a review of the file indicates that the original FJC/BANCAP 3320 trn 341 Notice was issued on Decem...
Views: 0
MEMORANDUM OF DECISION DETERMINING THE STANDARD OF PROOF UNDER 11 USC §§ 547, 548(a)(2), AND 9 Vt.Stat.Ann. § 2281 This matter is before us 1 for pretrial determination of the appropriate standard of proof to be applied under 11 U.S.C. § 547, 11 U.S.C. § 548(a)(2), and a fraudulent conveyance action under 9 Vt.Stat. Ann. § 2281. 2 Trustee argues that the prepondera...
Views: 3
ORDER This matter concerns an objection filed by the United States to the Chapter 13 plan of Charles Ross (Debtor). A hearing was held on this objection on April 29, 1991. Howard Duncan appeared on behalf of the debtor. Loren Mark appeared on behalf of the United States. The claim of the United States consists of income tax liabilities for the taxable year ending December 31, 1986. The 1986 i...
Views: 1
DECISION This matter is before the court following trial of the issues raised by plaintiff’s complaint to determine dischargeability of debt and objecting to the discharge of Debtor, David Leslie Barley. It requires the court to determine whether it can provide any remedy where a debtor intentionally fails to schedule a particular creditor, when that creditor learns of the bankruptcy in t...
Views: 10
ORDER — CONFIRMATION OF CHAPTER 13 PLAN On January 14, 1991, a hearing was held on confirmation of Debtors’ Chapter 13 plan. The following attorneys appeared on behalf of their respective clients: Michael L. Jankins for Debtors; J.W. Warford as Chapter 13 Trustee; and Terry L. Gibson for U.S. Trustee. At the conclusion of said hearing, the Court took the matter under advisement upon a bri...
Views: 0
ORDER — MOTION TO AMEND CHAPTER 13 PLAN; CONFIRMATION OF AMENDED CHAPTER 13 PLAN On March 12, 1991, a hearing was held on Debtors’ motion to amend their Chapter 13 plan and confirmation of Debtors’ amended Chapter 13 plan. The following attorneys appeared on behalf of their respective clients: J.W. Warford as Chapter 13 Trustee; Martha Easter-Wells for Debtors; and Ellen Kay Curry for Mis...
Views: 1
ORDER At Saint Louis, in this District, this 9th day of August, 1991. This matter concerns the Reorganized Debtor’s objection to Proof of Claim No. 11, an unliquidated claim on behalf of Leach & Garner Company (“L & G”). Although the objection presents several areas for consideration, the parties have agreed to submit one issue for initial determination by the Court, with the underst...
Views: 0
MEMORANDUM OF OPINION AND DECISION The issues before the Court emanate from the Chapter 11 case of H.R.P. Auto Center, Inc. (HRP(2)), Case Number B87-00170. Specifically under consideration are (1) the motion of the State of Ohio, Department of Taxation (State) for dismissal or conversion of the Chapter 11 case and Debtor’s response, (2) Debtor’s motion to vacate unauthorized judgment entry and...
Views: 1
ORDER DENYING CONFIRMATION This case came on for hearing to consider confirmation of the debtors’ Chapter 13 plan and the trustee’s objections to confirmation of the plan. Stephen J. Creasey appeared on behalf of the trustee and Mark L. Soule appeared on behalf of the debtors. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334 and Local Rule 201. This is a core proceeding under §...
Views: 2
DECISION ON DEBTOR/DEFENDANT’S MOTION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO BANKRUPTCY RULE 7012(b)(6) Before the Court is the defendant/debt- or’s motion to dismiss the above captioned adversary proceeding pursuant to Bankruptcy Rule 7012 and Federal Rule of Civil Procedure 12(b)(6) (“F.R.C.P.”) for failure to state a claim upon which relief may be granted. The relief sought in the...
Views: 1
OPINION This case presents the question of whether debtor may exempt under 11 U.S.C. § 522(d)(ll)(E) the balance of approximately $25,000.00 1 remaining from a state court personal injury award after payment of a contingency fee to the attorney who represented him in the personal injury lawsuit and after deduction of his exemption of $11,650.00 under 11 U.S.C. §§ 522(d)(5) and (d)(ll)(D). 2 ...
Views: 1
ORDER GRANTING MOTION FOR STAY AND DENYING MOTION TO DISQUALIFY THIS CAUSE came before the Court upon the Debtor’s Pro Se Motion for a Stay of Proceedings Pending Appeal filed April 19, 1991 and Motion to Disqualify filed April 23, 1991. The Court will first address Debt- or’s Motion to Disqualify. Per allegations asserted in his motion, the Debtor requests an order recusing this Court on the basi...
Views: 0
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS THIS CAUSE came before the Court upon a series of pro se motions seeking to proceed in forma pauperis. See Motion filed January 22, 1991, Motion for Leave to Proceed In Forma Pauperis filed April 3, 1991, and Motion for Leave to Proceed In Forma Pauperis filed April 8, 1991. Section 1915, Title 28, United States Code, provides for proceeding ...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on the Complaint of the Debtor, Thomas A. Ladnier, to determine dischargeability of an indebtedness of the Defendant, Barbara Lad-nier Hinote, under 11 U.S.C. § 523(a)(5), and the Counterclaim of the Defendant to declare the debt to be nondischargeable under 11 U.S.C. § 523(a)(5) and § 523(a)(3). After due deliberation on the pleadings, arguments ...
Views: 0
MEMORANDUM OPINION The ruling of the court is that Defendant Avnet received an avoidable preference under section 547 when it collected its judgment from the plaintiffs Silver. Silver could not have intended a contemporaneous exchange by payment of a judgment in exchange for a release of a judgment lien when he did not know of the existence of the judgment lien. One can not intend to make an excha...
Views: 0
OPINION A. INTRODUCTION At issue is interpretation of 11 U.S.C. § 502(b)(6), which limits the measurement of the amount of damages to which a landlord is entitled upon the rejection of a lease by a debtor-tenant. We agree with the dissenting landlords on both of the two principal issues of interpretation of § 502(b)(6) in dispute in answering the following questions as indicated: (1)...
Views: 2
MEMORANDUM OPINION This matter came on for hearing on the Motion of the Claimant, Dave Goleman, for allowance of late-filled Proof of Claim and the Objection of the Debtor, Square Shoot *109 er, Inc., to Claim # 9 — Dave Goleman. After due deliberation on all testimony, arguments of counsel and briefs subsequently submitted, this Court finds, concludes and orders as follows: FINDINGS OF FAC...
Views: 0
MEMORANDUM OF DECISION ON DEBTOR’S MOTION FOR SUMMARY JUDGMENT Debtor filed a motion for summary judgment on its objections to proofs of claim filed by the Pension Benefit Guaranty Corporation (the “PBGC”). The PBGC filed an opposition brief urging that its proofs of claim are supported by a claim upon which relief can be granted against the debtor under the Employee Retirement Income Security ...
Views: 2
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY I. This is a proceeding in which Boston Safe Deposit and Trust Company (the Bank) seeks relief from stay in order to enforce alleged rights either as a secured creditor or as a creditor entitled to assert setoff. Jonathan Googel, the debtor, denies that the Bank is a secured creditor contending no security agreement exists for the...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on confirmation of the amended proposed plan of the Debtors, Daniel Hurry Dickerson, and Mary Alice Dickerson; on the Joint Rejection of the amended plan by the Claimants, the Secretary of Veterans Affairs, and the Federal National Mortgage Association; the Joint Conditional Objection to Confirmation; and on the Complaint for declaratory judgme...
Views: 2
MEMORANDUM OF DECISION AND ORDER RE: A.I. CREDIT CORPORATION’S MOTION TO DISQUALIFY TYLER, COOPER & ALCORN AS ATTORNEYS FOR THE RESOLUTION TRUST CORPORATION IN ITS CAPACITY AS RECEIVER FOR NASSAU FEDERAL SAVINGS & LOAN ASSOCIATION I. A.I. Credit Corporation (AICCO) seeks an order of the court disqualifying Tyler, Cooper & Alcorn (TCA) from acting as local counsel for Resolution Trust Corporation ...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on the Motion of the Defendants, William Franklin Pace and Ann Gill Pace, (“the Defendants”) to dismiss the adversary complaint of the Plaintiffs, Carl E. Evans, Gracie Evans, Harold Maxey, Eva Mathews, and Michael Hopkins, (“the Plaintiffs”) for failure to file in a timely fashion under Bankruptcy Rules 4007(c) and 4004(a). After due considera...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on the Complaint of the Plaintiff, Utility Contractors Financial Services, Inc., for determination of priority of its claim against the estate of the Debtor, Joe Morgan, Inc., and distribution of proceeds from the collection of accounts receivable of the Debtor. The Defendant, Sunburst Bank, counterclaimed for distribution of proceeds fro...
Views: 1
OPINION AND ORDER DENYING DEBTOR’S MOTION TO WAIVE FEES AND COSTS OF APPEAL AND DENYING RELATED OBJECTIONS On July 30, 1991, this court signed and docketed an Order Granting Motion to Strike and Declaring Purported Lien Filed with the Muskegon County Register of Deeds to be Null and Void. A copy of that order is attached to this Opinion. After notice and hearing, the court determined that the D...
Views: 1
ORDER DISMISSING MOTION OF DEBTOR TO ASSUME EXECUTORY CONTRACT WITH UNITED STATES OF AMERICA CAME ON for further consideration the foregoing cause, in which movant debtor sought to assume an executory contract with the United States of America. This court entered an interlocutory order finding that the debtor was not prohibited as a matter of law from assuming an executory contract with the United...
Views: 0
OPINION At issue in this case is whether the debtors can satisfy the 50 percent gross income test for qualification as family farmers under § 101(18) of the Bankruptcy Code. See 11 U.S.C. § ÍOI(IS). 1 The Court must decide whether social security disability benefits received by the debtors, which are excluded from gross income for purposes of determining the debtors’ federal income tax liab...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the June 14, 1991 hearing on Debtors’ Application to Avoid Lien on Exempt Personal Property with Beneficial Kansas. The Creditor, Beneficial Kansas, Inc., appeared by and through its attorney, James E. Phelan. The debtors, Steven Eric Bondank and Jennifer Lea Bondank, appeared by and through their attorney, Ron D. McMo...
Views: 0
MEMORANDUM OPINION United States Professional Financial Group, Inc./Marine Midland Bank, N.A. (“USPFG”), a creditor in this Chapter 7 case, seeks leave of Court to file a late complaint objecting to the dischargeability of its claim. USPFG’s motion was filed on March 21, 1991, and argued to the Court at a hearing held on April 23, 1991. Both sides have submitted supplemental case authority. For...
Views: 0
MEMORANDUM OPINION Introduction and Summary This is an action brought by debtor Jory Bernard challenging assessment against him of approximately $180,000 in penalty tax provided by 26 U.S.C. Secs. 6671-6672. He does not dispute the nondischargeability in bankruptcy of the taxes remaining unpaid if he is in fact liable for them. 1 Amounts paid by him after assessment total $50,837.11. The ...
Views: 0
MEMORANDUM OF OPINION AND ORDER In this case, Deborah N. Branisel (Co-debtor) seeks a dismissal of her Chapter 7 case under § 707(a) in order to refile and seek a discharge of certain medical bills incurred post-petition. Upon review of the pleadings, arguments of counsel, and the record, generally, the motion is denied based upon the following findings and conclusions: On March 9, 1990, Raym...
Views: 0
MEMORANDUM OPINION This matter came on for hearing on the motion of the Movant, Sears, Roebuck & Company, for relief from the automatic stay, and the objection of the Debtors, Clayton Earl Campbell, Sr., and Vivian L. Campbell, to the Defendant’s motion for relief from the automatic stay. Appearing were: Thomas ap Roger Jones, attorney for the Movant; Robert R. Blair, attorney for the Deb...
Views: 0
ORDER On April 11, 1990, Anthony Taylor (debt- or) filed a petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. The debtor filed his proposed plan of reorganization with the petition. On May 23, 1990, Fastway, Inc., (Fastway) objected to confirmation of the debtor’s plan, and a confirmation hearing was held on June 18, 1990. At the hearing, the debt...
Views: 0
DECISION AND ORDER CAME ON for hearing the motion of Debtor to reopen this bankruptcy case to schedule the claims of Spiegel’s and Citi-corp. Debtor filed bankruptcy on August 17, 1989, and was discharged on December 14, 1989. The case was closed January 18, 1990. The debtors say that they learned in April 1990 of debts owed to Spiegel’s and Citicorp. Neither creditor was listed in the debt...
Views: 1
MEMORANDUM OPINION Plaintiff Gary Ray Brown (hereinafter “debtor”) seeks a determination that he owes no debt to the United States of America, Internal Revenue Service (hereinafter “IRS”) as a responsible officer of Hermitage W.H. Family Restaurant, Inc. (hereinafter “Hermitage”) for unpaid employee federal withholding taxes. He denies that he was a responsible person with respect to Hermitage ...
Views: 0
MEMORANDUM OF DECISION This matter comes before the Court upon the Motion of Wilson Foods Corporation (a) To Determine That Modification Procedures Under Section 1114 of the Bankruptcy Code Do Not Apply to Certain Adjustments of Salaried Retiree Benefits or, (b) in the Alternative, to Appoint Retiree Committee. The Motion is opposed by the Ad Hoc Committee of Salaried Retirees. It is supp...
Views: 6
MEMORANDUM This adversary proceeding was brought by the Debtor, Lorraine Spackler, to determine the extent of her liability to the Defendant under a personal guaranty. The Debtor has argued that she should be released from any liability under the guaranty as a result of the Defendant’s allegedly material alterations of the terms of the guaranty. The Plaintiff/Debtor appeared in person and through...
Views: 1
DECISION AND ORDER ON MOTION OF PLAINTIFF FOR STAY OF PROCEEDINGS CAME ON for consideration the Application For Stay Of Proceeding In Another Court And For Damages Pursuant To 28 U.S.C. § 1927 filed by Plaintiff Stanley W. Wright, Liquidating Trustee, and the response of Defendant Fidelity Deposit Company of Maryland. FACTUAL BACKGROUND This adversary proceeding concerns the liability of Fidelity...
Views: 0
MEMORANDUM OPINION Before the Court is a Complaint Objecting To Discharge Of Debt by Margaret L. *26 Yauger (“plaintiff”), former wife of defendant Daniel W. Yauger (“debtor”), wherein she seeks to have a debt arising under a property settlement agreement declared nondischargeable. Plaintiff maintains that debtor’s obligation to pay the mortgage on their former marital residence is in the n...
Views: 0
MEMORANDUM OPINION Plaintiff A.Z. Holdings Corporation (hereinafter “AZ”) seeks an Order directing the trustee to turn over to it accounts receivable, refunds, all or a portion of the proceeds of the settlement of a claim filed by debtor in another bankruptcy proceeding, and shares of stock allegedly held by the trustee. AZ asserts that these items are included among debtor’s assets which it purch...
Views: 0
*615OPINION This is an appeal from an order denying appellant’s motion for restriction of debt- or’s use of cash collateral in the form of rents and for adequate protection. The bankruptcy court denied the motion and ordered that accumulated net rents be turned over to the trustee without restriction or condition as to use. We reverse. FACTS AND PROCEDURAL BACKGROUND Debtor and appellee Tucson In...
Views: 0
DECISION ON MOTION TO REMAND CAME ON for hearing the motion of debtor to remand this proceeding to state court, and the response thereto of McKes-son Corporation. The court enters this decision pursuant to 28 U.S.C. § 1452(b) as amended in 1990. 1 McKesson originally filed this lawsuit in state court, prior to the bankruptcy petition, in an attempt to collect on promissory no...
Views: 1
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY The matter under consideration is a Motion For Relief From the Automatic Stay, filed by American Pipe & Concrete (American Pipe) in the Chapter 11 case of U.S. Pipe & Foundry (U.S. Pipe), one of the several corporate debtors, all wholly-owned subsidiaries of Hillsborough Holdings Co. (HHC). The parent HHC and 34 of its subsidiaries...
Views: 1
ORDER DENYING MOTION OF INTERNATIONAL BANK OF MIAMI FOR SUMMARY JUDGMENT This cause having come before this court on June 19, 1991 at 11:00 a.m. upon The International Bank of Miami, N.A.’s Motion for Summary Judgment and having heard argument of counsel, this court now finds and concludes as follows: On March 21, 1989, Jonathan Jay Katon (“Katon”) filed his Petition for Reorganizati...
Views: 3
MEMORANDUM DECISION THIS MATTER came before the Court on March 7,1991 and April 29, 1991, for an evidentiary hearing on the claimant, Metropolitan Life Insurance Company’s (herein *905 after referred to as “Metropolitan”), application for leave to file a late proof of claim, pursuant to B.R. 3003(c) and 9006(b)(1). BACKGROUND On or about November 1, 1982, the debt- or entered into a group...
Views: 1
ORDER ON MOTION TO DISMISS A COUNTERCLAIM FILED BY BICOASTAL CORPORATION THIS IS a Chapter 11 case and the matter under consideration is a Motion to Dismiss filed by Semi-Tech Microelectronics (Far East) Limited (Semi-Tech) and SSMC, Inc. (SSMC). The Motion is addressed to a counterclaim filed by Bicoastal Corporation, d/b/a Simuflite, f/k/a The Singer Company (Debtor). The counterclaim is coup...
Views: 1
ORDER DENYING TRUSTEE’S MOTION FOR REHEARING THIS CAUSE came before the Court upon the Trustee’s Motion for Rehearing on Memorandum Decision filed April 29, 1991. On April 15,1991, this Court entered its Memorandum Decision in accordance with In re: Kuver, 70 B.R. 190 (Bankr.S.D.Fla.1986), holding certain property of the debtor to be homestead and, therefore, exempt from the bankruptcy estate...
Views: 0
OPINION AND ORDER ON MOTIONS SEEKING TURNOVER AND TO USE RENTS AND MOTION TO EXCUSE COMPLIANCE WITH TURNOVER I. Preliminary Matters These matters are before the Court on various motions of the parties under 11 U.S.C. §§ 543(b) and (d) and § 363(c)(2). *511 Each debtor 1 (“Partnership Debtor[s]”) seeks turnover of its property from the control of a stat...
Views: 1
OPINION REGARDING MOTIONS TO CONVERT THE ABOVE CASES TO ONES UNDER CHAPTER 11 AND FOR APPOINTMENT OF A CHAPTER 11 TRUSTEE On January 15, 1990, five and one-half years after the above cases were filed as chapter 7 cases, Halliburton Company and other creditors filed a motion to convert the above cases to ones under chapter 11 and to appoint Gary Knostman (the chapter 7 Trustee) as chapter 11 Truste...
Views: 0
ORDER ON MOTION FOR RELIEF FROM STAY THIS IS A Chapter 11 case and the matter under consideration is a Motion for *352 Relief from Stay filed by P. Barnett Construction, Ltd., Inc. (Barnett). In its Motion, Barnett seeks relief from the stay in order to obtain possession of certain premises currently occupied by Stress Simulation Systems, Inc., d/b/a 3S Corporation (Debtor). ...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OF OPINION This is a Chapter 7 case and the matter under consideration is the Second Amended Complaint filed by Andrew Messing (Plaintiff), the Plaintiff in the above captioned adversary proceeding. Count I of the Amended Complaint is based on 11 U.S.C. § 727(a)(4)(A) and alleges that the Debtors knowingly and fraudulently made false oat...
Views: 0
ORDER GRANTING MOTION FOR REHEARING THIS CAUSE, having come before this Court on July 8, 1991 on Creditors, MICHAEL BASSICHIS and PHYLLIS BAS-SICHIS (hereinafter “BASSICHIS”), Motion for Rehearing of this Court’s Order Dismissing Creditor’s Motion to Surcharge, the Court having reviewed the pleadings and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: On Janu...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is the dis-chargeability vel non of a debt owed by Carolyn M. Gettings (Debtor) to Catherine A. Wannamaker (Plaintiff). The original attempt to declare this debt to be nondis-chargeable was submitted for this Court’s consideration by a pleading entitled “Objection ...
Views: 0
ORDER ON MOTION TO DISMISS THIS IS what is commonly referred to as a Chapter 20 case. The matter presently under consideration is a Motion to Dismiss this case, filed by First Union Bank of Florida (First Union). The factual pattern of these types of cases is basically simple, albeit with some variations, yet common to all Chapter 20 cases, including this one. In this case Judith V. Hornlein ...
Views: 0
DECISION ON ORDER GRANTING MOTION TO ABSTAIN AND DETERMINING OTHER PENDING MOTIONS TO BE MOOT This adversary proceeding involves alleged causes of action for breach of an insurance contract, bad faith in failure to pay an insurance claim, and defamation. Presently before the court for determination is the Motion Of Defendant, The Cincinnati Insurance Company, To Have This Court Abstain Fr...
Views: 0
*347 ORDER ON “MOTION FOR AN ORDER DEEMING N ONRESIDENTIAL LEASE UNASSUMABLE AND PROVIDING RELIEF FROM AUTOMATIC STAY” (sic) AND MOTION TO SHORTEN TIME TO ASSUME OR REJECT LEASE THIS CAUSE came on for hearing with notice to all parties in interest upon a “Motion for an Order Deeming Nonresidential Lease Unassumable and Providing Relief from Automatic Stay” (sic) and Motion to Sho...
Views: 0
ORDER On June 17, 1991, this Court conducted a Trial at which evidence was presented in support of and in opposition to the above-referenced action. Plaintiff was represented at the Trial by Robert Erickson and Thomas Creekmore, while the Defendants were represented by Ed Cadenhead. Prior to Trial, counsel for the parties presented a Joint Stipulation (Docket Entry No. 38) in which t...
Views: 0
ORDER ON OBJECTION TO CONFIRMATION THIS IS a Chapter 13 case and the matter under consideration is the Confirmation of the Debtor’s Chapter 13 Plan, together with the Objection to Confirmation of the Plan filed by the United States of America (Government). The Court has considered the Plan, together with the Objection and the record, and finds the relevant facts to be as follows. The Debtor f...
Views: 0
OPINION The United States Trustee’s Motion to Dismiss seeks a dismissal of the Debtors’ Chapter 7 proceeding pursuant to the “substantial abuse” provisions of Section 707(b) of the Bankruptcy Code. 11 U.S.C. Section 707(b). The stipulated facts are not complicated. The Debtors are individuals who filed a joint Chapter 7 bankruptcy in 1970 and received a discharge. In July of 1990 the Debtors ...
Views: 0
*418 DECISION ON DISCHARGEABILITY Each of us is prone, at one time or another, to foist blame on others for our own mistaken judgments. When bankruptcy ensues, that is a particular temptation for people left with unsatisfied debts. In these consolidated adversary proceedings, 1 a creditor seeks to declare nondischargeable some $99,000 in debt as against two partners of...
Views: 3
MEMORANDUM OPINION The matter presently before this Court is the debtor’s objection to the claim of the Internal Revenue Service that their 1988 taxes are post-petition obligations. The debtors’ objection is denied and the claim of the Internal Revenue Service is granted in the amount of $35,538.68. FACTS On December 15, 1988 William C. Moore and Jean Moore filed for protection under Chapte...
Views: 0
OPINION I. ISSUES The cross motions for summary judgment in this adversary proceeding raise three issues involving the liability of the Debtors for failure to account for and pay over various taxes to the government. First, whether the Debtors are each responsible persons, within the meaning of 26 U.S.C. § 6672 (hereinafter “I.R.C.”), who were required, and willfully failed, to colle...
Views: 2
OPINION This is an adversary proceeding brought by Hubert Walters against the Debtors, Lawrence Sawyer and Angela Sawyer, his wife, and Marjorie Aurigema. Walters objects to the discharge of the Debtors under 11 U.S.C. § 727(a)(2) and (4) and to the dischargeability of Sawyer’s debt to him under 11 U.S.C. § 523(a)(2), (4) and (6). 1 Aurigema defaulted as did Angela Sawyer origi...
Views: 0
MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. The parties have stipulated that this is a “core proceeding” which the Court may hear and enter appropriate judgments pursuant to 28 U.S.C. §...
Views: 1
OPINION Israel Discount Bank of New York (“IDB”) brought on, by Order to Show Cause, an application to extend its time to object to the dischargeability of the debtors and to file a complaint to determine the dischargeability of a debt. As part of the Order to Show Cause, the Court extended the time through, and including, the date of the hearing and the determination of IDB’s application...
Views: 0
AMENDED MEMORANDUM OPINION This matter came before the Court on cross motions for summary judgment filed on behalf of Robert H. Hopkins, Jr. (“Plaintiff”) and United States of America (Internal Revenue Service) (“IRS” or “Defendant”). On August 22, 1990, Plaintiff filed a complaint to determine the dischargeability of certain income tax penalties and interest asserted in a June 4, 1990, I...
Views: 0
OPINION This is a so-called “lender liability” case, replete with all the theories that resourceful counsel can muster. First Mutual Bank for Savings (“First Mutual”), the original plaintiff, has moved for summary judgment with respect to its claims under certain personal guarantees and with respect to Counts I through IV of the counterclaim of the defendants and chapter 11 debtors John F...
Views: 0
MEMORANDUM OPINION The matter before the Court is an adversary proceeding to determine the dis-chargeability of a debt based upon the Debtor’s failure to maintain worker’s compensation insurance. This Memorandum Opinion and the related Order are based upon consideration of the parties’ testimony, oral argument and written memoranda of law. This is a core proceeding pursuant to 28 U.S.C. § 157...
Views: 0
ORDER GRANTING ALEX ZALMAN’S MOTION TO DISQUALIFY THE LAW FIRM OF SADER & ALBER-TINE, P.A., FROM REPRESENTATION OF THE COMMITTEE OF UNSECURED CREDITORS THIS CAUSE, having come before the Court on Thursday, August 15, 1991, upon the Motion to Disqualify the Law Firm of Sader & Albertine, P.A., from Representation of the Committee of Unsecured Creditors and Objection to the Interim Applicat...
Views: 0
HEARING ON MOTION FOR AN ORDER DIRECTING DEBTOR AND/OR CADO CAPITAL CORP. TO COMPENSATE BRIAN A. RAPHAN, DRUCKMAN AND RAPHAN, ESQS. AND DENISE L. SAVAGE, ESQ. Brian A. Raphan, who was appointed by the New York Supreme Court, Westchester County, on August 22, 1990 to act as receiver with respect to the Chapter 11 debt- or’s real estate in Bronx County, New York, seeks compensation for hims...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Barry L. Melnick, for the use and benefit of Barry L. Melnick’s self-directed interest in the Office Automation, Inc. pension plan administered by Retirement Accounts, Inc., seeks determination that the judgment debt owed to it by defendants, G. Robert Seifert and Gail A. Seifert, is non-dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4), an...
Views: 0
DECISION ON MOTION FOR AN ORDER AUTHORIZING WILTON CATERERS, INC. AND MACK BROS. LTD., INC. TO RECLAIM CERTAIN GOODS, OR, ALTERNATIVELY GRANTING A PRIORITY ADMINISTRATION EXPENSE CLAIM The Chapter 11 debtor, Diversified Food Service Distributors, Inc. (“Diversified”), opposes the motion brought by Wilton Caterers, Inc. (“Wilton”) and Mack Bros. Ltd., Inc. (“Mack”) pursuant to 11 U.S.C. § ...
Views: 1
OPINION Norma Louise Waddoups (“Norma Louise”), an incapacitated person acting through her parents as her guardians, moves for an order terminating the automatic stay and directing the transfer of a structured settlement annuity policy so that she and others may continue to receive payments under the policy issued by Monarch Life Insurance Company (“Monarch Life”) and owned by its parent ...
Views: 0
ORDER In this Adversary Proceeding, Plaintiff Interfinancial Corporation objects to a discharge for this Chapter 7 Debtor under 11 U.S.C. § 523(a)(2)(A) and § 727, and Plaintiff Chapter 7 Trustee seeks to have certain transfers from the Debtor to his wife Shirley, a co-Defendant, declared fraudulent under 11 U.S.C. § 547 and § 548. Trial was held at Butte on June 5, 1991. Testimony was he...
Views: 1
OPINION ISSUE & DISCUSSION The United States of America (Internal Revenue Service) has objected to the debtors’ plan of reorganization. The issue is whether the discharge of an individual Chapter 11 debtor covers interest and penalties on prepetition priority tax claims that accrue post-petition and up to the date of confirmation. The debtors’ plan provides for full payment of p...
Views: 0
DECISION ON PETITION FOR RELIEF ANCILLARY TO FOREIGN PROCEEDING UNDER SECTION 304 OF THE BANKRUPTCY CODE AND FOR A PRELIMINARY INJUNCTION This matter comes to this Court by way of section 304 of the Bankruptcy Code (the “Code”) pursuant to which an ancillary proceeding was filed by the Koreag, Controle et Revision S.A. (the “Petitioner”) as the Official Liquidator of Mebco Bank, S.A. (“Me...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came on to be heard upon Trustee’s Motion to Surcharge LB Credit Corporation (LB Credit) for expenses under Section 506(c). A hearing was held on March 16, 1991, and upon the evidence presented the Court makes the following Findings of Facts and Conclusions of Law: Findings of Facts LB Credit, as the successor to Wells Fargo ...
Views: 0
DECISION AND ORDER DENYING MOTION OF DEFENDANT IAIN AULD (DOC. #14) TO DISMISS CERTAIN CROSS-CLAIMS OF DONNA CA-VENDER AND WALTER CAVEN-DER AGAINST LICH, AULD, AND OPTI-GAGE; AND ORDER REQUIRING FILING OF ADDITIONAL MEMORANDA OF LAW WITH RESPECT TO WALTER CAVENDER’S CROSS-CLAIM AGAINST LICH AND AULD This matter is before the court upon the motion of Iain Auld (Doc. # 14) to dismiss, *191 in a...
Views: 1
*179 MEMORANDUM OPINION The Plaintiff, Jarboe Sales Company, requests the Court find nondischargeable, under 11 U.S.C. § 523(a)(2)(A), the obligation Debtors owe Plaintiff for inventory. After considering the evidence, the arguments and authorities presented, the Court finds as follows. FINDINGS OF FACT The Debtors were doing business as “WineMart” a retail liquor store...
Views: 0
MEMORANDUM OPINION This matter came before the court on a motion for partial summary judgment filed on behalf of the defendants, NCNB Texas National Bank and the Federal Deposit Insurance Corporation, and a cross-motion for partial summary judgment filed on behalf of the Chapter 7 trustee. Facts Pernie Bailey Drilling Company, the debtor in the bankruptcy case, was a company...
Views: 1
MEMORANDUM OPINION The matter before the Court is the objection of Liberty Savings Bank (Liberty) to payment of Debtor’s counsel’s fees from Liberty’s cash collateral. 1 The objection is sustained for the following reasons. I. Facts On September 15, 1989, Blue Ridge Motel Associates (Debtor) filed a voluntary petition for relief under Chapter 11 of the Bankrup...
Views: 0
OPINION Before the court is a complaint filed by plaintiff, Insurance Company of North America (“INA”), under 11 U.S.C. § 523(a)(2)(B) objecting to the discharge-ability of a debt owed to it by debtor. As we conclude that INA has not met its burden of proving that it reasonably relied upon the materially false statement contained in debtor’s application, see, Grogan v. Garner, — U.S. -, 111 S...
Views: 0
OPINION I. Introduction Debtor in Possession S.F. Drake Hotel Associates (Debtor) filed a petition for reorganization under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101, et seq., on February 25,1991. Debtor owns and operates the Sir Francis Drake Hotel in San Francisco, California. Before the court is a contested matter in bankruptcy, initiated by secured cr...
Views: 0
ADJUDICATION A. FINDINGS OF FACT 1. The instant adversary proceeding is an accounts receivable action instituted by the Debtor, CRL..JTVE CONSERVATION, INC. t/a G & M HYDROGROW, a landscape and excavation contractor (“the Debtor”), on April 5, 1991, against the TOWNSHIP OF RIDLEY, a municipality located in Delaware County, Pennsylvania (“the Defendant”), in the course of the Debtor’s voluntary Ch...
Views: 2
RULING RE: OBJECTION TO CONFIRMATION This matter is before the Court on the objection to plan confirmation by Equitable Life Insurance Company (“Equitable”). Equitable argues that the proposed plan of reorganization does not provide a fair repayment of its secured claim under 11 U.S.C. § 1225(a)(5)(B)(ii). 1 Debtors, Allen D. and Sandra J. Koch (“debtors”), contend that the...
Views: 1
ORDER DENYING MOTION FOR AVOIDANCE OF LIEN OF ITT FINANCIAL SERVICES This matter comes before the Court on the Debtor’s Motion for Avoidance of Lien (“the Motion”), filed February 19, 1991, by which the Debtor seeks to avoid a lien of ITT Financial Services (“ITT”). A hearing was held April 10, 1991. The Court now denies the Motion for the reasons below. In the Motion, the Debtor ass...
Views: 1
RULING RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT The matter before this Court is the plaintiffs motion for summary judgment on its dischargeability complaint under 11 U.S.C. § 523(a)(6).1 As a basis for summary judgment, the plaintiff asserts that a state court judgment which the plaintiff obtained against the defendant has already decided all of the factual and legal issues necessary for holdin...
Views: 0
ORDER In conjunction with hearing on confirmation of the debtor’s proposed plan, hearing was held on the objection to confirmation brought by Associates Equity Services Co., Inc. 1 (“Associates”), a creditor, motion for relief from the automatic stay brought by Associates and the debtor’s objection to the claim of Associates. Based upon the evidence submitted at hearing, stipul...
Views: 2
MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(B), which the Court may hear and determine. FINDINGS OF FACT ...
Views: 2
RULING RE: PCA’S MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on a motion for summary judgment filed by Production Credit Association of the Midlands (“PCA”). PCA seeks summary judgment on a motion filed by Farmers Home Administration (“FmHA”) which seeks to disgorge proceeds from life insurance proceeds which the co-debtor, Rita Martin, paid to PCA. FmHA believes the li...
Views: 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-styled case is pending before this Court under title 11, United States *744 Code, chapter 11 having been commenced in this Court by a voluntary petition filed on July 25, 1990. The above-styled adversary proceeding was commenced on behalf of the debtor, Sidney G. Jones (hereinafter, “Jones”), by a complaint filed in said case on August 27, 199...
Views: 0
131 B.R. 22 (1991) In re Daniel D. USLAR, Debtor. No. 91-20915T. United States Bankruptcy Court, E.D. Pennsylvania. August 29, 1991. Karl E. Friend, Allentown, Pa., for debtor. Edward J. Gilhooly, Morristown, N.J., for movant. OPINION THOMAS M. TWARDOWSKI, Chief Judge. Before the court is a motion filed by debtor's ex-wife ("movant") requesting that we transfer venue of this case to the District...
Views: 1
MEMORANDUM OF OPINION AND ORDER I. The trustee filed a motion to deny an administrative expense claim of Gateway Plaza Limited Partnership (Gateway) for reasonable use and occupancy of certain leased premises used by Bio-Med Laboratories (Debtor). Specifically, the trustee contends that the landlord, Gateway, should not be awarded any rental claim for use and occupancy of property co...
Views: 1
DECISION AND ORDER GRANTING SUMMARY JUDGMENT IN PART This matter is before the court upon plaintiff/debtor’s motion and memorandum for summary judgment on the complaint to determine dischargeability and defendant’s memorandum in opposition. The court has jurisdiction to hear and determine this matter as a core proceeding pursuant to 28 U.S.C. §§ 1334 and 157(b)(2)(I). The plaintiff/d...
Views: 0
MEMORANDUM OVERVIEW These are cross-appeals from an order holding that creditor Greyhound Real Estate Finance Company (“Greyhound”) has a perfected security interest in pre-bankrupt-cy revenues generated by two of debtor’s hotels, but that it has no security interest in the post-petition revenues. Greyhound appeals the order insofar as it deprives it of a security interest in the post...
Views: 3
MEMORANDUM AND ORDER ON DEBTORS’ AFFIRMATIVE DEFENSE IN OBJECTION TO CLAIM I. On June 4,1985, Carterhouse, Inc., d/b/a All American Moving and Storage, gave People’s Bank five promissory notes which aggregated $289,000.00. The Bank claims that on that date the debtors also gave it personal guarantees on the notes, which were later secured by a July 11, 1986 mortgage on three pieces of propert...
Views: 0
MEMORANDUM OF OPINION ON TAX REFUND This adversary proceeding is before the court on a complaint filed by Stanley W. Wright, Trustee for the bankruptcy estate of David B. Canon, Debtor. The Trustee seeks turnover of $14,900, overpaid by the Debtor and his wife, Carolyn (the Canons) to defendant, United States of America and its agency, the Internal Revenue Service. The Trustee seeks turno...
Views: 0
MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENTS Debtor-Defendant moved for summary judgment on both Counts I and II of the Adversary Complaint, and Plaintiffs moved for that relief on Count I. For reasons set forth herein, both motions are denied. The dispute arises over pre-petition federal court judgments which Plaintiffs Philip R. Sylvester (“Sylvester”) and National Flo...
Views: 3
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW This matter comes before the Court on a motion to dismiss filed by the defendant United States of America, Department of Treasury — Internal Revenue Service. The grounds for this motion are lack of jurisdiction and failure to state a claim upon which relief can be granted. *98 The motion to dismiss pertains to an a...
Views: 1
OPINION AND ORDER ON MOTION TO CERTIFY CLASS Saul Jones, Amtax Company, Inc., Michael Malone and Arleen Gayl (“Claimants”) have filed in this Court a Proof of Claim on behalf of themselves and on behalf of a class composed of individuals who purchased stock of Amdura Corporation (“Amdura”) during a limited period of time prior to the filing by Amdura of its Chapter 11 petition in this Court. In pu...
Views: 0
OPINION OVERVIEW This is a consolidated appeal by five sub*315scribers1 to a nationwide system of health maintenance organizations (“HMOs”) from an Order (“Order” or “Second Supplemental Order”) clarifying the automatic stay contained in Bankruptcy Code § 362.2 The Order provides that no subscriber may terminate or prevent the automatic renewal of its contract with the HMOs, or interfere with the...
Views: 0
MEMORANDUM OPINION ON MOTION OF BB ASSET MANAGEMENT, INC. FOR PARTIAL JUDGMENT ON THE PLEADINGS BB Asset Management, Inc. (“BBAM”), as successor to Brown Bag Software, filed an amended proof of claim in this bankruptcy proceeding consisting of three counts (the “Claim”). Count I requests that the Court enter an order declaring BBAM to be the owner of a certain computer software program (“...
Views: 1
MEMORANDUM OPINION ON MOTION OF SUBURBAN NATIONAL BANK OF PALATINE TO PROHIBIT DEBTOR’S USE OF CASH COLLATERAL AND TO SEGREGATE CASH COLLATERAL Suburban National Bank of Palatine (“Suburban National”), (as successor in interest by merger to Suburban National Bank of Woodfield) moved this Court to prohibit Debtor Keneco Financial Group, Inc. (“Debtor”) from using Suburban National’s cash collate...
Views: 0
MEMORANDUM OPINION ON FIRST INTERIM APPLICATIONS FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES This is a proceeding under Chapter 11 of the Bankruptcy Code. The following parties have applied to the Court for an interim allowance of fees and expenses incurred in this bankruptcy proceeding from March, 1990 through April, 1991: Thomas Drexler (“Mr. Drexler”), counsel for debtor Wire Cloth ...
Views: 0
MEMORANDUM OPINION AND ORDER DENYING DEBTOR’S OBJECTION TO COMPILATION OF COMMITTEE OF UNSECURED CREDITORS THIS CAUSE came on to be heard August 13, 1991 upon the Debtor’s Objection To Compilation Of Committee Of Creditors Holding Unsecured Claims, whereby the Debtor seeks to reconstitute the membership of the Committee by removing those members who may assert maritime lien claims. The Court ha...
Views: 3
DECISION The present adversary proceeding is related to Chapter 7 bankruptcy case number 1-88-00364. The complaint was filed by plaintiff Edwyna Richards against her former husband, here defendant, William A. Richards, to determine the dischargeability of a certain debt under 11 U.S.C. § 523. This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of R...
Views: 1
ORDER DETERMINING EXTENT OF COMPENSATION FOR DEBTOR’S COUNSEL Debtor seeks compensation for counsel in a chapter 11 which failed and for services in the ensuing chapter 7. 1. A large amount of the fees sought are related to the defense of the debtor in an adversary dealing with an objection to dischargeability of debt. This is not compensable. 2. The debtor’s counsel was retained per author...
Views: 0
ORDER GRANTING DEFENDANTS’ LAURENT AND WILMA LAVEN-TURE MOTION TO DISMISS THIS CAUSE came before the Court upon the Defendants’, Laurent R. Laven-ture and Wilma S. Laventure, Motion to Dismiss the Adversary Complaint. The Court having read and reviewed the Motion, the Memorandum of Law in Support of Defendant’s Motion to Dismiss for Lack of Jurisdiction based on Res Judicata and other grounds, hav...
Views: 0
OVERVIEW Secured creditor Fireman’s Fund Mortgage Corporation (“FFMC”) appeals an order denying its motion for allowance of claim as filed against debtor Waymon Hob-dy (“Hobdy”). The bankruptcy court ruled that FFMC’s motion was an inappropriate means for contesting a provision relating to the claim in a confirmed Chapter 13 plan.1 We REVERSE. FACTS AND PROCEEDINGS BELOW Hobdy filed his Chapter 13...
Views: 1
ORDER DENYING TRUSTEE’S MOTION FOR INJUNCTION AND TURNOVER OF REGISTRY FUNDS THIS CAUSE came on before the Court on March 18, 1991, upon the Trustee’s motion for injunctive relief against Robert E. Lockwood, Clerk of the Circuit Court in and for Broward County (Lockwood), and Golden Bagel Deli, Inc. (GBD), a Florida corporation. FINDINGS OF FACT Golden Bagel Deli is the sublessor of certain real ...
Views: 0
ORDER GRANTING PRELIMINARY INJUNCTION THIS CAUSE, having come before the Court upon Complaint for Injunctive Relief and Application for Temporary Restraining Order duly filed by Plaintiffs, NORTHEAST HOTEL ASSOCIATES, et al. (“Northeast”), the Court having read and reviewed the Complaint, the Memorandum of Law in Support of Injunctive Relief and Application for Temporary Restra...
Views: 0
OPINION A. INTRODUCTION We are herein describing our reasons for concluding that a creditor who files a proof of claim in a bankruptcy case (“the claimant”) subsequent to the filing of an adversary proceeding against the claimant by the debtor is not entitled to a jury trial as to any of the claims which the claimant and the debtor have against themselves inter se, nor as ...
Views: 0
MEMORANDUM OF DECISION RE: MOTION FOR RELIEF FROM STAY TO FORECLOSE A MORTGAGE I. ISSUES Pavetti and Freeman, a Connecticut general partnership and the debtor’s former law firm (P & F), requests relief from the automatic stay in order to foreclose a pre-petition mortgage which the debtor granted it on property of the estate. Martin W. Hoffman, trustee of the debtor’s chapter 7 estate, opposes P &...
Views: 0
*44MEMORANDUM OPINION THIS MATTER came on for an initial hearing on November 8, 1990, upon the objection of Fleet Finance, Inc. to confirmation of the Chapter 13 plan of David G. Ivey and Amelia D. Ivey. D. Anderson Carmen appeared as counsel for Fleet Finance, Inc.; Stephen D. Ling appeared for the Iveys; Kathryn L. Bringle appeared in her capacity as Standing Trustee; and Ray-ford K. Adams, III...
Views: 0
DECISION ON ORDER TO SHOW CAUSE FOR AN ORDER EXTENDING BAR DATE FOR FILING CLAIMS Erwin Robinson, as Trustee of Erwin Robinson Living Trust (“Robinson”), has moved for an order pursuant to Bankruptcy Rule 9006(b)(1) enlarging the time to file a proof of claim beyond the October 30, 1990 bar date for filing proofs of claims which this court fixed in accordance with Bankruptcy Rule 3003(c)(...
Views: 2
*722 DECISION ON MOTION AND CROSS-MOTION FOR AN ORDER GRANTING RELIEF FROM STAY AND PERMISSION TO FILE CLAIMS Approximately forty former customers (“the movants”) of the debtor, Thomson McKinnon Securities, Inc. (“TMSI”), have moved for an order granting relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) to permit them to prosecute to judgment a prepetition Securiti...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon Florida Farm Bureau Insurance Company’s Complaint seeking exception to discharge pursuant to 11 U.S.C. § 523 for the obligation owed by Defendant, Henry Clyde Nicks, based on a $68,-582.38 Judgment entered against him by the Circuit Court, Fourth Judicial Circuit in and for Nassau County, Florida, Case No....
Views: 0
MEMORANDUM OPINION The Stampers are ex-spouses. There are two matters before the Court. The first is the Complaint to Determine the Discharge-ability of Debt, filed by Brenda C. Stamper in the Donald Stamper case. The second is a motion to lift the automatic stay filed by Norwest, which has a lien on a motor vehicle which is central to both actions. That motion was filed in the Chapter 13 case ...
Views: 2
MEMORANDUM OPINION The matters before the Court are the complaint to determine dischargeability of debt, and the motions for summary judgment filed by each party. The Court has jurisdiction over these matters pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2). For the reasons stated below, the Court sustains the summary judgment motion of the United St...
Views: 0
DECISION AND ORDER DENYING APPLICATION OF DEBTOR IN POSSESSION TO RETAIN BUCCINO AND ASSOCIATES, INC., AS MANAGEMENT CONSULTANT Before the court is an “Application for Authority to Retain Management Consult *144 ing Firm” (Doc. No. 46) filed by the debtor in possession, United Color Press, Inc.; an “Objection of the Unsecured Creditors Committee to Debtor’s Application for Authority to Retain...
Views: 1
*718FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAND On April 18, 1991 the Eighth Circuit Court of Appeals issued an opinion 930 F.2d 648 affirming the District Court 114 B.R. 658 and Bankruptcy Court opinions 104 B.R. 182 and remanding for further findings on one narrow issue as to the new value defense and payment by a third party. The following findings of fact and conclusions of law, entered...
Views: 0
ORDER DENYING MOTION FOR DEFAULT JUDGMENT Now before the Court is a Motion for Default Judgment filed by the Trustee, Charles Darwin Davidson, in the above styled adversary proceeding. The Debt- or/Defendant, Thomas Clawson Bacon, has objected to the Trustee’s Motion for Default Judgment. Arnold and Mechilina Bouma, Plaintiffs in adversary proceeding No. 90-4188, have also filed a Response in whic...
Views: 0
ORDER GRANTING DEBTOR’S MOTION TO REJECT EXECUTORY CONTRACT AND DIRECTING DEFENDANT TO TIMELY FILE CLAIM FOR DAMAGES PURSUANT TO 11 U.S.C. § 502(g) This adversary proceeding was commenced when the debtor terminated the employment of Everett Attebury and filed a Motion seeking a Declaratory Judgment that the debtor had cause to terminate Mr. Attebury’s employment because he breached his fiduciary ...
Views: 0
MEMORANDUM OPINION Marie H. Wickham, a nondebtor in the bankruptcy case of her husband, Sommer-ville Wickham, Jr., filed an objection to a proof of claim of Robert L. Gilliam, III. The objection was filed under the style of the above adversary proceeding brought by the trustee in bankruptcy pursuant to 11 U.S.C. § 363(h) to sell property that Mr. and Mrs. Wickham own as tenants by the entirety....
Views: 1
ORDER Debtors, Robert C. and Melissa A. Burrow, pursuant to F.R.C.P. 12(b)(6) have filed a Motion to Dismiss a Complaint to Determine Dischargeability of Debt and Objection to Discharge filed by The Arkansas Bank (“Bank”). The Bank has responded and the matter is now ready for review by the Court. Initially the Court will take up the matter of dismissal of the Complaint as to separate debtor,...
Views: 1
MEMORANDUM OF DECISION This matter came before the court on debtors’ (Billie Vester Rasbury and Bill’s Forestry Service, Inc.) objection to the claim of the United States Internal Revenue Service for retroactive .withholding taxes (income, FICA and FUTA), interest and penalty for tax years 1986, 1987 and 1988. The court has heard evidence at hearing and reviewed the record of the case in ...
Views: 1
ORDER DENYING CONFIRMATION OF PLAN On March 20 and March 28, 1991, the Court held hearings on confirmation of a Ch. 13 plan in the above-styled case; thereafter, the matter was taken under advisement. Upon consideration of the record herein, the Court finds, concludes and orders as follows. FINDINGS OF FACT On September 25, 1990, Ronald Joe Hen-ricksen and Mary Elizabeth Henrick...
Views: 1
ACTION This case adjudicates several tax disputes based on stipulated facts. The par *440 ties and Court agreed that the Court's current law clerk, 1 who worked for both parties on completely unrelated matters, may ethically assist in the instant matter. The Court derives jurisdiction over this core matter, respectively, from 28 U.S.C. § 1334 and 28 U.S.C. § 157(b)(2)(B). This memorandum de...
Views: 0
MEMORANDUM OPINION This matter is before the Court on the defendants’, Edward and Clarence Quigley, motion to dismiss the plaintiff John Hall’s adversary complaint. Hall, the chapter 11 debtor, filed a three count complaint seeking to avoid an alleged fraudulent transfer to the defendants. The defendants filed a motion to dismiss the case for failure to state a claim upon which relief may be gr...
Views: 1
ORDER ON OBJECTIONS TO CONFIRMATION OF CHAPTER 12 PLAN THIS MATTER came on for hearing on July 25, 1991, for confirmation of the Chapter 12 farm plan filed by the debtors, Paul and Eloise Golden. Prior to hearing, a number of objections to confirmation were filed, however, the debtors amended their plan to satisfy the objections filed by the various creditors. At the hearing on confirmation, th...
Views: 0
ORDER ON OBJECTION TO CONFIRMATION When is a mobile home not mobile? This is the issue raised in this Chapter 13 case. The debtor, Mary Louise Speights resides in a doublewide mobile home located on a lot which she owns in Jackson County, Florida. The lot and mobile home are encumbered by a lien in favor of Associates Financial Service of Florida, Inc. (Associates) given in 1989 to secure a s...
Views: 0
OPINION Currently before the Court are three interrelated motions. First, there is a motion to dismiss or, alternatively, to transfer or stay this action filed by the Defendants. Next, there is a motion filed by the Plaintiff, Haworth, Inc. (or “Haworth”), for mandatory abstention or remand. Finally, Ernst & Young, Inc. has filed a motion to dismiss pursuant to Federal Rules of...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER came on for trial before this Court on February 13, 1991 and was concluded on March 5, 1991. The then Chapter 11 debtor, St. George Island, Ltd., filed a three count complaint on November 10, 1988, against the defendant, Richard L. Pelham and others. The Court, on March 20, 1989, dismissed Counts I and II. The remaining count is only against Pel...
Views: 0
OPINION ON MOTIONS FOR SUMMARY JUDGMENT This matter comes before the Court on cross motions for summary judgment. A hearing was held on this adversary proceeding in Marquette, Michigan on July 31, 1991. For the reasons set forth herein, the Plaintiff's Motion for Summary Judgment is denied and the Defendant’s Motion for Summary Judgment is granted. FACTS This case involves conflicting interests c...
Views: 0
ORDER THIS MATTER is before the court on the debtors’, Harvey & Cheryl Donley, Motion for Determination of Necessity of Reaffirmation Agreement. The debtors seek to retain their automobile without the necessity of a reaffirmation agreement. The creditor, Capital City First National Bank (“Capital City”), has taken the position that the debtors have three alternatives: (a) surrender the co...
Views: 1
OPINION AND ORDER REGARDING MOTION TO RECONSIDER JUNE 20, 1991 ORDER ALLOWING COUNSEL’S FEES IN THE REDUCED AMOUNT OF $600.00 This opinion addresses the court’s continuing concern with the routine and regular manner in which debtors’ attorneys request a $1000 fee for representing a Chapter 13 debtor. On April 15, 1991 debtors Daniel M. & Anne C. Bush, represented by Richard C. Rolph,...
Views: 1
ORDER ON MOTION FOR RELIEF FROM STAY I. Introduction The present cause comes before the Court on the United States’ Motion to Lift Stay. The United States alleges that the debtor filed the bankruptcy action solely to forestall the Judgment of Foreclosure. Thus, the United States contends that the action was filed in bad faith and is an abuse of the judicial process. The Court...
Views: 0
MEMORANDUM OPINION Fulcrum International, Ltd. (Fulcrum) filed a “Request for Disbursement of Funds in Payment of Court Approved Professional’s Fees” on February 5, 1990. Fulcrum asked the Court to order Manufacturers Hanover Trust Company (Manufacturers Hanover) to pay Fulcrum’s professional fees and expenses from the proceeds of the sale of assets of Saybrook Manufacturing Co., Inc., Cl...
Views: 0
ORDER The matters being considered here are the motion of Boatmen’s National Bank (“The Bank”) for relief from the stay (MOTION B), and The Bank’s Motion to Extend Discharge of Debtor (MOTION A). The matters were submitted to the Court upon the record as a whole, including the legal memorandum submitted pursuant to an agreed briefing schedule. The Chapter 7 Trustee has indicated that he d...
Views: 1
MEMORANDUM OPINION This opinion addresses an objection by the New Jersey Department of Environmental Protection (“DEP”) to a proposed settlement involving distribution of the proceeds of a sale of substantially all of the Debtor’s assets. Under the settlement, most of the sale proceeds would be paid to New Bank of New England, N.A. (“The Bank”), which had a lien on virtually all of the Debtor’s...
Views: 2
MEMORANDUM OPINION AND ORDER This matter comes before the Court upon the filing of the Trustee’s Final Report, objections to that report filed by the law firm Beck and Cassinis, the Medical Administration Company, Mike Shepherd and Raymond Elliott, and the response to such objections filed by the United States of America on behalf of the Internal Revenue Service (“IRS”). The Debtor f...
Views: 0
This Court has entered an order granting Plaintiffs’ motion for abstention and remand to the Minnesota State Courts as to the majority of the counts of their complaint, and, sua sponte, dismissing the remaining counts with prejudice to their renewal by Plaintiffs. This memorandum is entered to set forth the rationale underlying the grants of relief in that order. *970 H...
Views: 0
MEMORANDUM OPINION This case came before this Court on a motion to dismiss this chapter 11 proceeding filed by Nashua Trust Company — the secured creditor of the debtor corporation. This motion was heard on June 24, 1991, and was limited to the sole question as to whether this chapter 11 proceeding could be dismissed for cause as being a bad faith filing under the contention that the case invol...
Views: 1
MEMORANDUM OF DECISION Introduction. Debtors have presented their Chapter 12 plan for confirmation which proposes a direct payment, not through the Chapter 12 Trustee, of $135,000 to secured creditor Eastern Idaho Agricultural Credit Association (“EIACA”) in consideration for the use during the pendency of this bankruptcy of cash collateral in the form of crop proceeds. Trustee 1 objects ...
Views: 0
MEMORANDUM OPINION The electric utility debtor in this case filed a Motion to Change Power Supply Without Rejection of Contract and a Motion to Change Power Supply Through Rejection of Contract. A pretrial hearing was held on August 15, 1991 with respect to those motions, and some of the parties raised a number of issues regarding the propriety of deciding this issue prior to a plan being filed...
Views: 0
OPINION A complaint objecting to dischargeability of debts was filed by The Federal Savings and Loan Insurance Corporation as Receiver for New Orleans Federal Savings and Loan, and later substituted by The Federal Deposit Insurance Corporation, pursuant to section 523 of Title 11 of the United State Code. The matter was set for trial and heard by the Court. 1 Having considered ...
Views: 2
MEMORANDUM OPINION AND ORDER I STATEMENT OF PROCEEDINGS This Chapter 13 proceeding came before this court on the trustee’s objection filed on *231 March 11, 1991, to the “Second Amended” proof of claim filed by Gainer Bank (hereinafter: “Creditor”) on February 15, 1991 in the amount of $35,846.93. Said claim states that “collateral of no value to creditor due to sup...
Views: 0
131 B.R. 188 (1991) In re Tom Powell READ, Debtor. Bankruptcy No. 91-01762-APG. United States Bankruptcy Court, M.D. Alabama. July 15, 1991. M. Donald Davis, Jr., Mobile, Ala., for AmSouth Bank. J. Earl Smith, Dothan, Ala., for debtor. Curtis Reding, Trustee. OPINION ON OBJECTION TO CHAPTER 13 PLAN AND MOTION FOR RELIEF FROM STAY A. POPE GORDON, Bankruptcy Judge. Creditor AmSouth Bank, N.A. objec...
Views: 1
OPINION ON COMPLAINT TO RECOVER PROPERTY The trustee commenced this action on July 31, 1990 to require the defendant to turn over property of the estate pursuant to 11 U.S.C. § 542. The trustee alleged that Luke Jackson had removed some firearms from the debtors’ store after the debtors filed their joint petition in bankruptcy on June 28, 1990. The action came on for trial on December 11, 1...
Views: 0
MEMORANDUM AND DECISION This matter is before the Court on Metro Air Northeast, Inc. (VT)’s motion to assume a lease pursuant to 11 U.S.C. § 365. For the reasons which follow, the Debtor’s motion is denied. However, the Debtor is granted leave to reapply to assume the lease if it is able to have the lease reinstated pursuant to Vermont law. The Debtor leases from the City of Burlington, Vermont (“...
Views: 0
OPINION A complaint objecting to the discharge-ability of a debt was filed by The Federal Savings and Loan Insurance Corporation as Receiver for Crescent Federal Savings Bank, and later substituted by The Federal Deposit Insurance Corporation, pursuant to section 523 of Title 11 of the United States Code. The matter was set for trial and heard by the Court. 1 Having considered ...
Views: 2
*542MEMORANDUM OF DECISION AND ORDER RE: MOTION TO DETERMINE DISPOSITION OF PROCEEDS OF SALE OF ESTATE PROPERTY I. ISSUE The sole question raised by this proceeding is whether a creditor’s real estate lien was sufficiently perfected or “choate” so as to prevail over a subsequently recorded federal tax lien. The parties have submitted the issue by way of briefs and the following stipulation of fac...
Views: 0
MEMORANDUM OF DECISION Pending are the Chapter 7 debtors’ former counsels’ fee application and the trustee’s responsive motion seeking a determination that the fees presently sought, and those previously paid, are excessive. For the reasons set forth below, the fee applica *512 tion is disapproved, with exceptions for certain, limited reimbursement requests; and the applicant...
Views: 2
DECISION ON CROSS-MOTION FOR AN ORDER TO QUASH SUBPOENAS The Chapter 11 Operating Trustee (“trustee”) of the debtor, Ecam Publications, Inc. (“Ecam”), has moved for an order holding two witnesses in civil contempt for their failure to comply with a subpoena issued by this Court which directed them to appear for oral examinations pursuant to Bankruptcy Rule 2004. The witnesses filed, after the s...
Views: 0
ORDER ON APPLICATION FOR AUTHORITY TO COMPROMISE CLAIM I.Findings of Fact 1. Howard S. and Barbara Lee Gold-stein, the debtors, voluntarily filed a joint petition for relief under the provisions of Chapter 7 of the Bankruptcy Code on July 2, 1990. 2. On August 7, 1990, the debtors attended a meeting of their creditors. As a routine matter, the trustee, Michael T. Gunner, asked the debtors...
Views: 0
MEMORANDUM OF OPINION AND DECISION Before the Court are three complaints filed by Trustee, Brian Bash, seeking avoidance and recovery of insider preferences and the answers of Defendants, Leonard Schwartz, Charles P. Schwartz and Ben P. Schwartz. These adversary proceedings which arise in the Chapter 7 case of B. Schwartz Furniture Co., Inc., Case Number B89-04194, are core proceedings within t...
Views: 1
OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT I. Findings of Fact Cynthia A. Evans, the plaintiff, filed a petition and plan under Chapter 13 of the Bankruptcy Reform Act of 1978, as amended on November 19, 1990. Her plan, approved by this Court’s order of February 14, 1991, is of 50 months duration and pays a dividend of 25 percent to holders of unsecu...
Views: 2
MEMORANDUM OF DECISION LIMITING ROCKWELL’S APPLICATION FOR POSTPETITION INTEREST, ATTORNEYS’ FEES AND COSTS FROM SALE PROCEEDS The issue for resolution is whether, when a purchase money secured creditor has received postpetition installment payments from a Chapter 11 debtor, and when the tangible collateral is later sold for more than the remaining balance, the aggregate postpetition paym...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the February 7, 1991 and February 28, 1991 hearings on the Objection of Higher Education Assistance Foundation to Confirmation of Debtor’s Plan and the Objection of Chrysler Credit Corporation to Confirmation and Motion for Adequate Protection. The debtor, Victoria Louise Marie Dillon-Bader (hereinafter “debtor”) app...
Views: 0
The Chapter 7 Trustee, seeks the authority to sell the estate’s right, title and interest in the Debtor’s marital residence which he owns as a tenant by the entirety with his wife for the sum of $8,000.00 to Debt- or’s spouse. The only creditor of this Debtor’s Estate, who has a judgment of over $500,000.00, has objected to the proposed sale of the estate’s property based on the fact that a compl...
Views: 1
ORDER ON ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.’s FIRST APPLICATION FOR INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES This matter is before the Court on Isaac-son, Rosenbaum, Woods & Levy, P.C.’s First Application for Interim Compensation and Reimbursement of Expenses (the Application) pursuant to Section 331 of the Bankruptcy Code. Formal objections to the Application were filed on...
Views: 0
MEMORANDUM OPINION AND ORDER ON CONFIRMATION OF DEBTOR’S PLAN, ON MOTION FOR RELIEF FROM THE STAY, ON § 506 VALUATION OF SECURED CREDITOR’S CLAIM, AND ON CONTINUED USE OF CASH COLLATERAL This opinion involves the primary question of whether the debtor’s negative amortization plan of reorganization of a retail and office center may be confirmed under 11 U.S.C. § 1129(b). The opinion covers...
Views: 2
MEMORANDUM OPINION Defendant Resolution Trust Corporation (“RTC”), receiver for Sooner Federal Savings & Loan Association (“Sooner”), moves for summary judgment (the “Motion”) asserting that there are no issues of material fact and RTC is, therefore, entitled to judgment as a matter of law upon the following defenses: (1) debtor’s preference claim (the “Claim”) should be dismissed because...
Views: 2
MEMORANDUM OPINION AND ORDER MOTION FOR SUMMARY JUDGMENT I Statement of Proceedings This adversary proceeding came before the Court on a Motion for Summary Judgment filed by the Defendant, Lake County Indiana Department of Public Welfare (hereinafter: “Department”), on February 15, 1990. By Order of this Court dated February 16,1990 the Debtor-Plaintiff Michael Ant...
Views: 2
MEMORANDUM The question presented is whether the Chapter 7 trustee is entitled to a commission on funds “deemed” disbursed in a settlement with a claim holder. 11 U.S.C. § 326 does not allow the trustee a fee. The following are findings of fact and conclusions of law. Bankr.R. 7052. I. There are two controversies between the Internal Revenue Service and the Chapter 7 trustee. Th...
Views: 0
MEMORANDUM ON DEBTOR’S APPLICATION TO REJECT COLLECTIVE BARGAINING AGREEMENT The court has before it the debtor's “Application To Reject Collective Bargaining Agreement” (Application) filed July 17, 1991. By its Application the debtor seeks authorization to reject a collective bargaining agreement (Contract) with the Southern Labor Union, Local No. 188 (the Union), entered into on May 14,...
Views: 2
DECISION When a ship is in danger of foundering, the entire crew must bail or the ship may be lost, together with all hands. Unfortunately, in this case the debtor and the union which represents its production employees, The Retail, Wholesale, and Department Store Union, cannot agree as to how their ship will be bailed. Instead, they can only argue about which buckets should be used. ...
Views: 0
MEMORANDUM OPINION, FINDINGS OF FACT, AND ORDER I. Background and Chapter 11 proceedings Mr. James D. Kreidle was a 50% partner in a general partnership known as Titsch & Associates. He also was an officer and director of several related corporations, for which he guaranteed a substantial amount of debt. As a result of the guarantees and the partnership debt, Mr. Kreidle foun...
Views: 1
MEMORANDUM OPINION This adversary action comes before the Court on a motion for summary judgment by the debtor in possession Security Services, Inc. (“Security Services”) and cross-motion for summary judgment by the defendant National Union Fire Insurance Company of Pittsburgh, PA (“National Union”). It presents the issue of whether the granting of a security interest by Security Services...
Views: 1
MEMORANDUM AND ORDER ON MOTION FOR STAY PENDING APPEAL UNDER BANKRUPTCY RULE 8005 I. On June 6, 1991, the City of Bridgeport, Connecticut filed a petition under chapter 9 of the Bankruptcy Code. On June 7, the Bridgeport Financial Review Board (“the FRB”) 1 passed a resolution adopting an *82 interim budget for Bridgeport. 2 That resolution specifie...
Views: 0
DECISION ON TRUSTEE’S MOTION TO SELL JOINTLY HELD PROPERTY In this voluntary Chapter 7 case filed by the debtor, Joseph L. Grabowski, the trustee in bankruptcy has commenced an adversary proceeding pursuant to 11 U.S.C. § 363(h) to sell a parcel of developed residential real estate which the trustee claims is owned by the debtor and his nondebtor wife as tenants by the entirety. The debt- or, opp...
Views: 0
OPINION The issue which this court finds is instantly presented for disposition in this previously-dismissed Chapter 13 case is the right of Counsel for the Debtors to retain or receive additional compensation when Counsel has failed to comply with the requirements of 11 U.S.C. § 329(a) and Bankruptcy Rule (“B.Rule”) 2016(b), i.e., that Counsel must file a statement of compensa...
Views: 3
MEMORANDUM DECISION AND ORDER REGARDING SECOND FEE APPLICATIONS Few rulings in a bankruptcy case generate more outrage from the public, anxiety among attorneys, and tribulation for judges than the compensation of officers of an estate pursuant to 11 U.S.C. § 330. 1 This opinion attempts to clarify three disputed compensation issues by establishing guidelines that may aid future...
Views: 2
*724 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER RE: TRUSTEE’S OBJECTION TO THE CLAIM OF GTE HAWAIIAN TELEPHONE COMPANY On July 9, 1991, Edward R. Swofford, the Trustee of Tel-Net Hawaii, Inc., (“Debtor”) filed his objection to the claim of GTE Hawaiian Telephone Company, Inc., (“HawTel”). The objection was brought on for hearing on August 14,1991, at which hearing the Trustee was repre...
Views: 0
DECISION AND ORDER DENYING MOTIONS FOR RELIEF FROM STAY, TURNOVER, AND DISMISSAL Heard on July 12 and August 7, 1991, on the motion of First Constitution Bank for relief from the automatic stay and for leave to continue foreclosure proceedings against the motor yacht Sweet Retreat, which is the Chapter 11 Debtor’s only asset. First Constitution also asks for protection from the turnover provisi...
Views: 0
DECISION AND ORDER GRANTING DEBTOR’S CLAIM OF EXEMPTION Heard on June 13, 1991 on the motion of a creditor, Island Trust Company, to sell the Debtor’s personal property, and on the claim of exemption asserted in opposition thereto by the Debtor. FACTS The Debtor claims the full $750 “tools of the trade” exemption in a piano, pursuant to 11 U.S.C. § 522(d)(6). Island Trust and the Chapter 7 ...
Views: 0
DECISION AND ORDER Heard on April 2, 3, and 4, 1991 on the motion of Rhode Island Hospital Trust National Bank (RIHT) for Relief From Stay and for leave to foreclose on the Debtor’s property located in Newport, Rhode Island. RIHT seeks relief pursuant to both 11 U.S.C. § 362(d)(1) (lack of adequate protection) and § 362(d)(2) (lack of equity in property, and property not necessary to...
Views: 0
DECISION AND ORDER Heard on February 8, 13, 14, and 27, 1991, on the amended complaint of the Chapter 13 Debtors to declare void the Defendant’s security interest in their single family residence located in Tiverton, Rhode Island, PROCEDURAL HISTORY On June 27, 1990, Plaintiffs filed their original complaint which sought in three counts: (1) rescission of their contract with the...
Views: 0
OPINION A hearing was conducted on August 6, 1991 to determine the award of interest to *613 the Plaintiffs in their action against the Defendants pursuant to 11 U.S.C. 523(a). For the reasons stated herein, both pre and postjudgment interest are awarded to the Plaintiffs in the amount specified in my order dated August 19, 1991. This case arose out of a sale of a home b...
Views: 4
*527 MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION FOR ERISA-QUAL-IFIED PENSION PLANS The Chapter 7 Trustee, Joseph G. Butler, has objected to the Debtor’s claim of exemption regarding two pension plans, both of which are qualified pension plans under the Employee Retirement Income Security Act of 1974 (“ERISA”). The Debtor, Richard K. White having elected t...
Views: 1
MEMORANDUM DECISION ACTION In this case, the Court must decide whether a Chapter 7 bankruptcy case should be dismissed when a debtor died two days after the petition was filed by her designated agent named in a valid power of attorney. For the reasons outlined below, the Court denies the motion to dismiss the bankruptcy proceeding. -The instant matter is a core proceeding pursuant to 28 U.S.C...
Views: 1
DECISION ON DEBTORS’ MOTION FOR AN ORDER DECLARING THAT TAX EVASION WAS NOT THE PRINCIPAL PURPOSE OF THE PLAN FACTS On November 24, 1986, U.S.Lines, Inc., (now known as Janus Industries) together with the related companies Mclean Industries, Inc. and First Colony Farms, Inc., (collectively, the “Debtors”) filed a petition for relief under chapter 11 of the United States Bankruptcy Code (the “...
Views: 0
131 B.R. 827 (1991) In re Alan J. & Karen M. LIFCHITZ, Debtor. Ronald R. PETERSON, Trustee, Plaintiff, v. CHAS. BENDER CO., Defendant. Bankruptcy No. 90 B 7429, Adv. No. 91 A 00053. United States Bankruptcy Court, N.D. Illinois, E.D. September 17, 1991. *828 Jason W. Bruce, Jenner & Block, Chicago, Ill., for plaintiff trustee. Joseph I. Adler, Charles E. Adler, Adler & Adler, Chicago,...
Views: 1
MEMORANDUM OPINION On February 22, 1990, Walter Rodney Hendrix filed a voluntary petition for relief under the provisions of chapter 11 of the Bankruptcy Code. The debtor submitted an amended plan of reorganization which class YII (Barnett Bank’s secured claim) and class VIII (unsecured creditors) voted to reject. The Court entered an order finding that the requirements of § 1129(a) except para...
Views: 1
DECISION ON MOTION FOR SUMMARY JUDGMENT I. We are beset with the next skirmish in the litigants’ battle over commissions earned from the debtor’s now defunct real estate brokerage operation. 1 This dispute *924 centers on the effect to be given an order rejecting the contract which governed the relations of the parties. L.J. Hooker International Florida, Inc. ...
Views: 0
ORDER DENYING THE TRUSTEE’S REQUEST FOR COMPENSATION The issue presented is whether the trustee, Kenneth L. Spears, is entitled to a fee in connection with this case and, if so, the amount that ought to be allowed. The holder of a secured claim, Western Farm Bureau Life Insurance Company, and numerous holders of unsecured claims object to any allowance to him for compensation. The facts are undis...
Views: 6
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE MOTION OF FIRST STATE BANK OF CHICAGO TO MODIFY THE AUTOMATIC STAY The debtor Karen M. Goode (“Debtor”) filed this proceeding under Chapter 11 of the Bankruptcy Code, Title 11 U.S.C. First State Bank of Chicago (“First State”) moved to modify the automatic stay (“Motion”) to allow First State to pursue its remedies against the Debtor in state...
Views: 0
MEMORANDUM OPINION ON MOTION OF ENDOWMENT AND FOUNDATION REALTY, LTD. — JMB-IV FOR SUMMARY JUDGMENT ON COUNT I The related bankruptcy case No. 89 B 08111 started as a voluntary filing by T.M. *986Sweeney & Sons LTL Services, Inc. (“Debt- or”) under Chapter 11 of the Bankruptcy Code. The case has since been converted to one under Chapter 7 and Trustee Sheldon L. Solow was appointed (“Trustee”). In...
Views: 0
CORRECTED DECISION ON MOTION TO MODIFY THE AUTOMATIC STAY This matter comes before this court on the motion of Alexander J. Varveris (the “Movant”) who seeks the termination of the automatic stay pursuant to 362(d)(1) so that he may continue his action to foreclose his mortgage (the “Mortgage”) on property located at 64-05 215th Street, Bayside New York (the “Property”). That action is now *51...
Views: 2
OPINION Brenda K. Perry (“Mrs. Perry”), wife of the debtor John B. Perry (the “Debtor”), moves for relief from the automatic stay so that she may continue with her divorce action pending in the Probate and Family Court Department of the Trial Court of the Commonwealth of Massachusetts (the “Probate Court”). The Debtor opposes the motion and also moves for authority to sell two motor vehic...
Views: 0
ORDER The matters being considered here are the Defendant/Debtor’s Motion and Supporting Memorandum requesting a Protective Order, and his Motion In Limine prohibiting discovery and the introduction into evidence of any testimony adduced from or derived through the deposition of the Honorable Robert D. McAllister, Associate Circuit Judge, St. Louis County, Missouri. The motions are intended to pre...
Views: 0
MEMORANDUM OPINION The Debtors, by their new attorneys, have moved pursuant to 11 U.S.C. § 542(e) to compel their former bankruptcy lawyers, Rosenthal and Schanfield, P.C. (“R & S”) to turn over files relating to the Debtor. R & 5 opposes that motion, asserting an attorney’s retaining lien. The motion will be granted. The opinion principally relied upon by R & S, In the Matter ...
Views: 0
MEMORANDUM AND DECISION ON COMPLAINT TO AVOID TRANSFERS PURSUANT TO BANKRUPTCY CODE §§ 547 AND 548 The plaintiff seeks to avoid transfers to the defendants under Bankruptcy Code §§ 547 and 548. I. Pursuant to a February 10, 1988 agreement (the “Employment Agreement”) the defendant Paul Perry was employed by Full Life Corporation, 1 a predecessor to the plaintiff, as t...
Views: 2
MEMORANDUM OPINION AND ORDER ALLOWING MOTION OF CITICORP SAVINGS OF ILLINOIS TO REMAND OR IN THE ALTERNATIVE, TO ABSTAIN The court is presented with the issue of whether to abstain and then remand to the Circuit Court of Cook County, Illinois, a pending mortgage foreclosure action previously commenced there by Citicorp Savings of Illinois (“Citicorp”) against Lamar and Vanessa Chapman (“D...
Views: 3
131 B.R. 1009 (1991) In re FIREARMS IMPORT AND EXPORT CORP., a/k/a FIE Corp., Debtor. FIREARMS IMPORT AND EXPORT CORP., a/k/a FIE Corp., Debtor and Debtor-in-Possession, Plaintiff/Counterdefendant, v. UNITED CAPITOL INSURANCE COMPANY, Defendant/Counterplaintiff, v. Allan BERNKRANT, et al., Third-Party Defendants. Bankruptcy No. 90-18256-BKC-SMW, Adv. No. 91-0308-BKC-SMW-A. United States Bankruptc...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court on August 21, 1991, upon the complaint of Nettie Secundy and Netties Kitchen, Inc. (the “creditors”) against Johanna Caparelli (the “debtor”), pursuant to 11 U.S.C. § 727(a)(2)(A), § 727(a)(3), § 727(a)(4)(A) and § 523(a)(2)(B), and the Court having heard the testimony, examined the evidence presented, observed the ...
Views: 1
CORRECTED OPINION Pursuant to Fed.R.Civ.P. 60(a), in order to correct a clerical error in the Opinion (Docket No. 122), the court substitutes its *953 Corrected Opinion. This matter came on for hearing on the amended motion of the United States of America (“IRS”), a creditor, seeking to Dismiss Debtors’ Petition for Bad Faith filing. A hearing was held on January 23, 1991. Pu...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on a motion to strike the first affirmative defense of defendant, Mid American National Bank and Trust Company (the “Bank”), filed by Thomas E. Raleigh, (the “Trustee”), as trustee of the estate of the Debtor, William J. Stoecker (“Stoecker”), pursuant to Federal Rule of Civil Procedure 12(f) and (h)(2) incorporated by reference in Fed...
Views: 0
131 B.R. 703 (1991) In re John GROFF and Lynda Groff, Debtors. Bankruptcy No. 91-00438-JES. United States Bankruptcy Court, E.D. Wisconsin. August 23, 1991. *704 *705 Terrence J. Byrne, Wausau, Wis., for debtors. Robert A. Kennedy Jr., Crandon, Wis., for M & I Bank of Antigo. Thomas J. King, Oshkosh, Wis., Trustee. DECISION JAMES E. SHAPIRO, Bankruptcy Judge. M & I Bank of Antigo (the "B...
Views: 3
132 B.R. 85 (1991) In re CITY OF BRIDGEPORT, Debtor. Bankruptcy No. 91-51519. United States Bankruptcy Court, D. Connecticut. September 24, 1991. *86 Barbara Brazzel-Massaro, City Atty., Mark Anastasi, Deputy City Atty., Office of the City Attorney, Richard D. Zeisler, Zeisler & Zeisler, P.C., Bridgeport, Conn., for the City of Bridgeport. Richard Blumenthal, Atty. Gen., Joan E. Pilver, Asst....
Views: 0
OPINION The parties to the instant dispute agree that the result requires application of Pennsylvania law regarding allocation of payments made on account. We believe that the overriding relevant legal principle of that law is that, in the absence of an express contract to the contrary, the obligor has the right to dictate the allocation of payments. We find, on the basis of the present r...
Views: 0
OPINION AND ORDER I.Preliminary Matters This matter is before the Court upon the Objection to Exemption Claim (“Objection”) filed by Sara J. Daneman, the duly appointed trustee in this Chapter 7 case. An evi-dentiary hearing was held on April 8, 1991, following which the matter was taken under advisement. The Court is vested with jurisdiction over this contested matter pursu...
Views: 1
MEMORANDUM OPINION Keith and Dawn Brooks filed a petition for relief under Chapter 7 on or about March 28, 1991. Keith Brooks (hereinafter debtor) was employed by Combined Communications Services. That company has an arrangement with MFA Employees Credit Union (hereinafter MFA) whereby its employees may be members of the aforesaid credit union even though said employees are not employed by Missour...
Views: 1
MEMORANDUM OPINION Debtor filed his petition for relief under Chapter 13. One of his assets was a 1988 Chevrolet Silverado Pickup. One of his creditors was GMAC, which claimed a lien on the pickup because it had purchased debtor’s note and the security agreement securing that note from Molle Chevrolet, the original seller of the vehicle. GMAC had duly perfected its security interest. Molle Chev...
Views: 0
ORDER ON INTERIM FEE APPLICATION OF POTTER ANDERSON & CORROON 1395, 1497 This is a Chapter 11 case, and the matter under consideration is an Interim Fee Application filed by the law firm of Potter Anderson & Corroon. The law firm seeks an allowance of $160,036.50 for services rendered to Bicoastal Corporation, d/b/a SimuFlite, f/k/a The Singer Company (Debtor). The services rendered by th...
Views: 1
MEMORANDUM OPINION AND ORDER INTRODUCTION This case involves issues arising from the Debtors’ Motion to Hold the United States Government in Contempt for seizing the cash value of various life insurance policies under an Internal Revenue Service tax lien after discharge of the tax liability in the Debtors’ Chapter 7 Bankruptcy. JURISDICTION This Court has jurisdiction over ...
Views: 0
ORDER GRANTING ARAMCO’S MOTION FOR SUMMARY JUDGMENT AND DENYING SCARFONE’S MOTION FOR SUMMARY JUDGMENT THE MATTERS under consideration are Motions for Summary Judgment filed by Defendant, Arabian American Oil Company (Aramco), and Debtor/Plaintiff, Lee Letter-io Scarfone (Scarfone). Both parties have alleged no genuine issues of material fact exist and the only issues remaining for the Co...
Views: 3
MEMORANDUM OF DECISION Before the court is the verified complaint of Normand R. LaPointe (“LaPointe”), on behalf of Brown & LaPointe Development, Inc. (“B & L”), 1 seeking to establish that debts owed to B & L by the debtor, Jack R. Brown (“Brown”), are non-dischargeable pursuant to 11 U.S.C. § 523(a)(4). This is a core proceeding over which this court has jurisdiction und...
Views: 2
ORDER OVERRULING FLORIDA MACHINERY AND EQUIPMENT COMPANY, INC.’S, AMENDED OBJECTION TO DEBTOR’S CLAIMS OF EXEMPTIONS THIS CAUSE came on for final eviden-tiary hearing upon Florida Machinery and Equipment Company, Inc.’s, Amended Objection to Debtor’s Claims of Exemptions. The Court reviewed the record, heard argument of counsel, and finds the relevant facts as follows: On February 14,1990, Fl...
Views: 2
OPINION Debtor Charmaine Chenoweth and her husband filed a joint petition for Chapter 7 bankruptcy relief on March 30, 1990. On August 26, 1990, within 180 days after the date of the petition, the debtor’s great-aunt, Seville Crenshaw, died, leaving a will which named the debtor as a one-quarter legatee of her aunt’s estate. The will of Seville Crenshaw was not admitted to probate until O...
Views: 1
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is a Motion for Summary Judgment filed in a complaint which seeks the determination that a certain debt owed to Susan Harris (Ms. Harris) by Thomas E. Jaquis (Debtor) should be excluded from the overall protection of the general bankruptcy discharge. The claim of nondischargeability asse...
Views: 1
MEMORANDUM OPINION This is a Chapter 11 case in which I must determine whether rents generated from the Debtor’s shopping center are property of the estate. The answer depends upon whether the mortgagee’s pre-petition demand for turnover conveyed ownership of the rents to the mortgagee under § 697.07 of the Florida Statutes. The issue is framed by Meritor Savings Bank’s Amended Motion to ...
Views: 0
MEMORANDUM OPINION ON CITI-CORP’S MOTION FOR SUMMARY JUDGMENT ON DEBTORS’ DEFENSES AND COUNTERCLAIM TO ITS CLAIM • The debtor-defendants Lamar and Vanessa M. Chapman (“Debtors”) filed their pending proceeding under Chapter 13 of the Bankruptcy Code, Title 11 U.S.C. Prior to that filing, they had mortgaged their home to Citicorp Savings of Illinois (“Citi-corp”) to secure a loan. Citicorp ...
Views: 0
ORDER ON OBJECTIONS TO CLAIMS THIS IS a Chapter 7 case and the matter under consideration is the Trustee’s objection to the several claims of Leslie W. Harvey, William L. Moran, Steven C. Owen, Kenneth C. Coston, Alice M. Moore, Scott and Debbie Campbell, Hugh and Kay Waychoff, Robert H. Hoskins, III, Robert J. Twitty, Joseph J. Rooney, Marion P. Brawley, III, Ed Causey, Roberta Brook, Ralph H. F...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case and the matter under consideration are claims set forth in a four-Count Complaint by Diane Jensen (Trustee) against the Defendants, Don C. Tudor, Jr. (Tudor) and Bonded Pools, Inc., (Bonded Pools). The claim in Count I of the Complaint, based on § 547 of the Bankruptcy Code, alleges that certain payments on a debt...
Views: 0
MEMORANDUM OF DECISION The debtors filed a Chapter 11 petition in 1983, with defendant B. Scott Foster acting as their attorney. Plaintiffs Klaus Scheft-ner and Rolf Rheinschmidt were the principal creditors of the debtors. The debtor’s Chapter 11 plan was confirmed in 1986. It provided, in pertinent part, that Foster was to be the disbursing agent for the payments to be made under t...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTIONS THIS IS a Chapter 7 liquidation case and the matter under consideration is an Objec *1003 tion filed by Twin City Federal Bank (the Bank) to the Debtor’s claim that funds held in an ERISA-qualified retirement plan maintained by Honeywell, Inc., are exempt from administration by the Trustee pursuant to Florida Statute § 222.21(2)(a). T...
Views: 0
MEMORANDUM AND ORDER ON DEBTOR’S MOTION TO CONVERT CASE TO CHAPTER 13 The debtor moves to convert this case from chapter 7 to chapter 13. For the reasons that follow, the motion is denied. *230 I. [1] On October 15, 1990, the debtor filed a petition under chapter 13 of the Bankruptcy Code. On December 20, 1990, the Chapter 13 Trustee moved to dismiss the case, and on Ja...
Views: 1
MEMORANDUM OPINION This Opinion sets forth in more detail the reasoning supporting a bench ruling and *225 Order entered August 23,1991 approving a sale of assets put forward by the trustee in this case. The case came before the Court for hearing on a notice of intended sale submitted by the trustee on July 17, 1991 which was noticed to all creditors and the debtor for hearing before this C...
Views: 0
ORDER FIXING TRUSTEE’S COMPENSATION The trustee in this Chapter 7 case, William B. Grover, has done an excellent job. When he was appointed trustee, this case looked like it might be a no-asset case. Grover recognized that the estate might have a claim to the assets of the C.J. McCormick Equity Trust, an inter vivos trust established by debtor Cheryl Barker before her marriage to debtor Allen B...
Views: 3
MEMORANDUM OF OPINION AND ORDER I. The matter before the Court is the application of Michael Clark (Applicant) for a refund of Two Thousand Dollars ($2,000.00) advanced to Manufacturer’s Supply Company (Debtor) to pay a retainer to Benesch, Friedlander, Coplan & Aronoff (Benesch). Upon review of the pleadings, *128 arguments of counsel and the record, generally, the foll...
Views: 1
MEMORANDUM AND ORDER The plaintiff, Henry Bishop, seeks a Declaratory Judgment that the Internal Revenue Service (IRS), as holder of three claims against the debtor, must apply the proceeds from the liquidation of the debtor’s estate to its claims on a pro rata basis. I. In 1984, Bishop became an officer in a Connecticut business known as Consolidated Graphics, Inc. (“Consolidated”), in which Rob...
Views: 1
MEMORANDUM OPINION The plan proponents in this case seek confirmation of their amended plan. At both the disclosure statement hearing on July 19, 1991 and confirmation hearing on August 30, 1991 this court expressed concern over the scope of the proposed retained jurisdiction of this court over post-confirmation litigation. The plan proponents are a creditors’ group who filed a plan of re...
Views: 0
MEMORANDUM OPINION DECIDING CASE SUBMITTED ON BRIEFS This is an action by the trustee to avoid a payment made to First of America Bank-Central (the Bank) pursuant to 11 U.S.C. § 547(b). Because the only issue raised by the pleadings is entirely legal, I entered an order calling for the parties to submit briefs in lieu of scheduling a trial on this matter. On December 19, 1988, the Ba...
Views: 1
AMENDED MEMORANDUM OPINION The Plaintiff filed a Motion for Summary Judgment upon the issues raised in his *60 Complaint under 11 U.S.C. §§ 523(a)(2)(B) and 523(a)(4). Granting of the motion is appropriate, if the moving party can prove no issue of material fact can be disputed. The facts are to be viewed in a light most favorable to the nonmoving party, the Debtor. See ...
Views: 1
DECISION ON DEBTOR’S MOTIONS TO DISMISS CLAIM I OF PLAINTIFF’S COMPLAINT AND TO STAY THE ADVERSARY PROCEEDING The Chapter 7 debtor, Robert K. Marce-ca, invokes Bankruptcy Rules 7012 and 7009 and Federal Rules 12(b)(6) and 9(b) for a dismissal of Claim I in the complaint filed by AmSave Credit Corporation (“AmSave”) on the ground that Claim I parrots 11 U.S.C. § 727(a)(2) and fails to plea...
Views: 1
DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The defendant, John 0. Leasure (“Lea-sure”), has moved pursuant to Bankruptcy Rule 7056 and Federal Rule of Civil Procedure 56 for an order granting summary judgment on the ground that in accordance with a release executed by the Chapter 11 debtor, Thomson McKinnon Securities Inc. (“TMSI”), any and all claims which TMSI may have against ...
Views: 1
DECISION ON MOTION TO DISMISS COMPLAINT AND CROSS-MOTION FOR LEAVE TO AMEND COMPLAINT The Chapter 7 debtor, Robert K. Marce-ca, has moved to dismiss the complaint pursuant to Bankruptcy Rules 7012 and 7009 and Federal Rules of Civil Procedure 12(b)(6) and 9(b) for the plaintiffs’ failure to state a claim upon which relief can be granted and failure to plead fraud with particularity. The plaintiffs...
Views: 0
MEMORANDUM OPINION On December 6, 1990, Tom H. Barton and Sandra I. Barton (debtors) filed a petition for relief under the provisions of chapter 12 of the United States Bankruptcy Code. On February 14, 1991, the debtors filed a complaint to determine the validity of the United States Farmers Home Administration’s (FmHA) lien and for turnover of certain checks in FmHA’s possession. The proceed...
Views: 0
MEMORANDUM OPINION REGARDING DISCHARGEABILITY OF SPOUSAL OBLIGATION This is an action by the Defendant’s ex-wife for a determination that the debt owed to her, which was memorialized in their divorce judgment, is non-dischargeable in bankruptcy. The Court has jurisdiction to decide this core-matter adversary proceeding pursuant to 28 U.S.C. §§ 1334(a), 157(b)(2)(I). This matter has been t...
Views: 0
MEMORANDUM OPINION William Proctor Emnett (Emnett), the above debtor, seeks to discharge a Health Education Assistance Loan (HEAL) debt pursuant to the provisions of 42 U.S.C. § 294f(g). The parties agree that only paragraph 2 of that section, allowing discharge “upon a finding by the Bankruptcy Court that the nondischarge of such debt would be unconscionable,” is in dispute. 1 Trial was held...
Views: 2
DECISION ON PLAINTIFF’S MOTION AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT PERTAINING TO ENTITLEMENT TO CERTAIN INSURANCE PROCEEDS This adversary proceeding ensues from an accident involving the cargo ship Delta Sud (the “Vessel”). Subsequent to the accident, the owner, United States Lines (S.A.), Inc. (“SA” or the “Debtor”) filed a petition under chapter 11 of the Bankruptcy Code (...
Views: 2
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the October 31, 1990 trial on Grandview Bank and Trust Company’s Complaint to Determine Dischargeability of a Debt. Grandview Bank and Trust Company (hereinafter “plaintiff”) appeared by and through its attorney, Ronald L. Kraft. The debtors, Hugo L. Fernandez and Maritza J. Fernandez (hereinafter “debtors”,) appeared b...
Views: 0
DECISION ON ORDER DENYING MOTIONS The Motion Of Defendant, Construction Management, Inc., For A Determination That This Adversary Proceeding Is Not A Core Proceeding (Doc. 12) and the Motion Of Defendant, Charlotte-Mecklenberg Schools, For A Determination That This Adversary Proceeding Is Not A Core Proceeding (Doc. 13) are presently pending before this court for determination. This adver...
Views: 2
CONTENTS Subject Page Introduction.875 Facts alleged.>.875 The Parties.875 Events Prior to the LBO. 876 The LBO .878 Post-LBO Projections and Loans. 879 Debtor’s Releases on the Eve of Bankruptcy.880 The Complaint.880 Jurisdiction . 882 Standards on Rule 12(b)(6) Motions to Dismiss.882 *875 Subject Ph Standards on Rule 9(...
Views: 1
OPINION This adversary proceeding arises out of a Chapter 11 case commenced on February 19, 1987. The complaint was filed prior to the debtor’s ultimate confirmation of a plan of reorganization. The plaintiff, Mutual Insurance Company of New York, by its prayer seeks a determination by this court that the claims of defendant COUNTY OF FRESNO be adjudged a violation of the automatic stay an...
Views: 0
OPINION Before the Court is the Application by Nachamie, Hendler & Spizz, Co-Counsel to the Debtor and Debtor-in-Possession, for Interim Allowance and Reimbursement of Necessary Expenses. Objections to the application were filed by the United States Trustee and by Orix Credit Alliance, Inc. Having considered the pleadings, the briefs submitted on behalf of all parties, and the applicable ...
Views: 2
OPINION Before the Court for consideration is the adversary complaint filed by Waldoff’s, Inc. against Orix Credit Alliance, Inc., requesting determination of the validity, priority or extent of a lien or other interest in property, and to obtain a declaratory judgment that the subject agreement between the parties is a financing arrangement and that the Defendant is a general unsecured credito...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on cross-motions for Summary Judgment filed in the above-styled and numbered case. On March 23,1990, A.M. Mancuso, Trustee of the Chapter 11 Estate of Topcor, Inc. (“Trustee”), filed a Complaint against Con *121 tinental Bank National Association Chicago, Successor by Name Change to Continental Illinois National Bank Trust...
Views: 1
OPINION During the pretrial conference of this adversary proceeding held August 14, 1991, at Grand Rapids, Michigan, there were discussed, inter alia the requests by the parties for a jury trial. The defendants had withdrawn their request (although they are willing to proceed in the bankruptcy court if a jury trial is permitted), but the request of the plaintiffs still stands. This action was orig...
Views: 1
OPINION I. Introduction Presently before the court is the motion of The United States by the Small Business Administration (“SBA”) to dismiss the chapter 13 petitions of the debtors, Harry and Florie Magras, or, in the alternative, to convert their cases to chapter 7 proceedings. For the reasons set forth below, the court will enter orders dismissing the chapter 13 petitions; how...
Views: 0
OPINION The issue before the Court is whether the reference to “deferred cash payments” in 11 U.S.C. § 1129(a)(9)(C) requires equal monthly payments or, as proposed in this case, whether the statute permits regular monthly payments which substantially reduce the principal but leave a balloon payment at the end of the plan. Dale Schafer was an electrician; Gary Wagner was a bookkeeper...
Views: 0
ADJUDICATION 1. STEVEN D. OWENS and DARLENE M. OWENS (“the Debtors”) filed the Chapter 13 bankruptcy case underlying the above-captioned adversary proceeding (“the Proceeding”) on February 1, 1991. 2. FLEET MORTGAGE, also known as Fleet Mortgage Corporation (“Fleet”), the Defendant in the above-captioned adversary proceeding, filed a secured proof of claim in the Debtors’ main bankru...
Views: 0
*450 MEMORANDUM OPINION Before this court is the interpretation of 11 U.S.C. § 523(a)(6) which excepts from discharge any debt “for willful and malicious injury by the debtor.” Once again this court must wrestle with disputed authority over the appropriate test to determine “willful and malicious injury”. Upon review of recent case law in this circuit, and in accordance with this...
Views: 0
MEMORANDUM DECISION This is an action by a bankruptcy trustee against a chapter 7 debtor and his attorneys to recover the proceeds of a malpractice settlement. I find for the trustee. The case was tried and submitted on September 23, 1991. I have supplemented the record by taking judicial notice of the New Pines Corp. bankruptcy file, Case No. 3-86-00137-HAR, in accordance with Rule ...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the February 2, 1991 hearing on Debtor’s Motion for Order Directing IRS to Apply Chapter 7 Trustee’s Payments to Trust Fund Liability. FINDINGS OF FACT Based upon the pleadings and the record, this Court finds as follows: 1.That debtor filed the above-captioned Chapter 7 case on December 12,1986. R.J. Breidenth...
Views: 2
OPINION AND ORDER FINDING LEASE AGREEMENTS TO BE INTENDED AS SECURITY AGREEMENTS AND DENYING PACCAR FINANCIAL CORPORATION’S MOTION TO COMPEL DEBTOR TO ASSUME OR REJECT UNEXPIRED LEASES The Court is asked to decide whether equipment lease agreements with terminal rent adjustment clauses [TRAC leases] are true leases or leases intended for security. If they are true leases, the Debtor, Zerk...
Views: 0
This matter comes to this Court pursuant to a motion (the “Motion”) by Vienna Park Properties (the “Debtor”), under section 506(a) of the Bankruptcy Code (the “Code”), seeking a determination of the current value of a 300 unit garden apartment complex (the “Property”) located in Vienna, Virginia. The Property is the Debtor’s principal asset. The secured creditors, consisting of Resolution Trust...
Views: 0
ORDER ON DEBTORS’ MOTION FOR SANCTIONS THIS IS a Chapter 7 liquidation case and the matter under consideration is the Debtors’ Motion for Sanctions pursuant to § 362(h) of the Bankruptcy Code against Daniel Pilka (Pilka), attorney for James A. Miller (Miller), a creditor in the above-captioned Chapter 7 liquidation case and Miller. The Court has considered the Motion, together with the record and ...
Views: 0
OPINION AND ORDER I. Introduction The Chapter 7 trustee, Larry E. Staats, commenced this adversary proceeding against the debtor and his wife (together, the “defendants”) on March 14, 1990. By his complaint, the trustee seeks to set aside a transfer by the debtor to his wife of the debtor’s interest in their residence. The trustee also requests declaratory relief prohibiting ...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a Complaint filed by Bill Cladakis (Cladakis) and Road King, Inc., (Road King) f/k/a S.G.G., Inc. d/b/a/ Percy’s Auto, against the Debt- or, Ralph L. Triggiano (Debtor). The one-count Complaint, which was never challenged by a Motion to Dismiss for failure...
Views: 2
MEMORANDUM OPINION ON OBJECTIONS TO HOMESTEAD This matter is before the court to consider objections to the rural homestead exemption claimed by the Debtors Arthur and Patricia Mitchell. The objections were filed by FSB, Allen McMurray, and the Chapter 7 trustee. The Debtors objected to the claim of Mr. McMurray and the Chapter 7 trustee as being untimely and they have not been pursued. F...
Views: 0
OPINION Sitting by Designation. I. INTRODUCTION Defendants (“Vaca”) move for summary judgment against the plaintiff Taxel (“Trustee”) on the basis that there are no genuine issues of material fact and that Vaca is entitled to judgment as a matter of law. The Trustee later filed his own motion for summary judgment asserting he is entitled to judgment as a matter of law. 1 ...
Views: 1
ORDER ON MOTION TO COMPEL DISCOVERY ORDER ON MOTION FOR PROTECTIVE ORDER THIS CAUSE came on for hearing with notice to all parties in interest to consider a Motion to Compel Discovery, filed by some of the defendants, (asbestos defendants) named in the above-captioned Adversary Proceeding, and a Motion for Protective Order, filed by Jim Walter Corporation (JWC) and originally by Hillsboro...
Views: 1
134 B.R. 660 (1991) In re OLD SOUTH TRANSPORTATION COMPANY, INC., Debtor. Bankruptcy No. 89-01763-APG. United States Bankruptcy Court, M.D. Alabama. January 4, 1991. *661 E. Terry Brown, Montgomery, Ala., for Concord Commercial Corp. Tom McGregor, trustee. OPINION ON FEE AWARD TO DEBTOR'S ATTORNEY A. POPE GORDON, Bankruptcy Judge. Old South Transportation Company, Inc., a trucking entity, filed ...
Views: 0
ORDER The Court has before it three motions all entitled EX PARTE MOTION FOR EMPLOYMENT OF COUNSEL. These motions pertain to the following Chapter 11 cases: Retail Systems, Inc., Bankruptcy No. 91A-03793; Green Street, Bankruptcy No. 91A-03794; Interwest Business Equipment, Inc., Bankruptcy No. 91A-03795. By these motions, each of the debtors seek authorization for th...
Views: 1
ORDER STRIKING PAPERS, REQUIRING AMENDMENTS, AND REQUIRING FURTHER SECTION 341 MEETING THESE Chapter 7 cases came on for consideration of the legal sufficiency of the form and content of the petitions and other papers filed in these cases. F.R.B.P. 1002(a) and F.R.B.P. 1007(b) require that a debtor file a petition and prescribed schedules and statements. Official forms of the petition, schedu...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a Complaint by Signet Bank/Virginia (Signet) seeking a determination that the debt due and owing by William Joseph Borror (Debt- or) to Signet is nondischargeable pursuant to § 523(a)(2)(A) and § 523(a)(2)(B) of the Bankruptcy Code. The facts relevant to the mat...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a two-*198count Complaint filed by CoreStates Bank of Delaware, N.A. (CoreStates) seeking a determination that the debt due and owing by Gary J. Jolicoeur and Donna L. Jolico-eur (Debtors) to CoreStates is nondis-chargeable pursuant to § 523(a)(2)(A) and § 523(a)(2...
Views: 0
ORDER ON FIRST APPLICATION FOR INTERIM ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR BEAR STERNS CO., INC. THIS IS a yet-to-be-confirmed Chapter 11 case involving Hillsborough Holdings Corporation (HHC) and its subsidiaries (Debtors). The matter under consideration is the re-evaluation of the First Application of Bear Stems Co., Inc. (Bear Sterns) for Interim Allowance of Compensa...
Views: 3
OPINION Creditor Thomas E. Gray filed a proof of claim in this case for the balance due on a note. The note is secured by first mortgages on the Coronado Apartments and the Monterey Apartments located in Montgomery, Alabama. The debtor filed an objection to that portion of the claim seeking allowance of attorneys’ fees and expenses in the amounts of $24,073 and $1,528.51, respectively. 1 ...
Views: 0
AMENDED MEMORANDUM OPINION ON MOTION OF CREDITORS’ COMMITTEE FOR FINAL DISTRIBUTION Under the debtor’s Chapter 11 Plan confirmed in 1983, the Creditors’ Committee is responsible for distribution of funds provided by the Plan for payment to unsecured creditors. A dividend of about 25.1% is due to those creditors. Millions of dollars have been paid out to them, but something in excess of $750,000...
Views: 1
ORDER ON DEFENDANTS’ MOTION TO DISMISS COMPLAINT THIS IS a Chapter 7 liquidation case and the matter under consideration is the timeliness, vel non, of the Complaint filed by James A. Miller (Miller). In this Complaint, Miller seeks an Order denying the discharge of Myron and Jacquelyn Levine (Debtors) or, in the alternative, a determination that the obligation owed by the Debtors to Miller sha...
Views: 1
DECISION The debtor, Zayre Illinois Corp. (“Zayre Illinois”), seeks an order permitting it to assign to Schottenstein Stores Corp. (“Schottenstein”) an unexpired lease of non-residential real property pertaining to a store located in River Grove, Illinois and located within a group of stores in an area known as The Thatcher Woods Shopping Center (the “Lease”). Schottenstein plans to opera...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING THE RTC’S MOTION TO DISALLOW PAYMENT OF CONTINGENT ENHANCEMENT FEE TO LANDMARK COMMERCIAL CORPORATION At Phoenix, in this District, this matter having come before the Court for a hearing on March 5, 1991, on a motion filed by the Resolution Trust Corporation (the “RTC”), as conservator for Lincoln Savings & Loan Association, F.A., to disallo...
Views: 0
MEMORANDUM AND ORDER ON ABSTENTION UNDER 28 U.S.C. § 1334(c)(1) The instant proceeding arises on an order to show cause why this court should not abstain from hearing the above captioned adversary proceeding commenced by the plaintiff to determine the allowability of their claim against under Code §§ 501 and 502. BACKGROUND The plaintiff, Southmark Prime Plus, Limited Partnershi...
Views: 1
MEMORANDUM OPINION Plaintiffs allege that defendants Bartley and Burgy, both of whom had been officers and directors of Specialty Tape Corporation (hereinafter “debtor”), surreptitiously and unlawfully transferred debtor’s assets to Steel City Tape Corporation (hereinafter “Steel City”), of which they also were officers and directors. Plaintiffs seek monetary damages and replevin of a tap...
Views: 0
FINDINGS OF FACTS AND CONCLUSIONS OF LAW This case came before the Court upon the debtor’s objection to claim three filed *492 by World Omni Financial Corporation (“World Omni”). Upon the evidence presented, the Court enters the following findings of fact and conclusions of law: Findings of Fact Debtor was president of Carolina Isuzu, Inc. (“Carolina Isuzu”), a North Carolina car dealer...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary action was tried February 20, 1991. Plaintiffs Ruby Kay Dimmitt and the Miller & Sanford Law Firm appeared in person and by attorneys Craig R. Oliver and Rose E. Barber. Defendant and debtor Walter Dimmitt appeared in person and by attorney Mark E. Gardner. Plaintiffs Kay Dimmitt and her attorneys, Miller & Sanford, have challeng...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a two-count Complaint filed by CoreStates Bank of Delaware, N.A. (CoreStates) against Joseph T. Kurali (Debtor) seeking a determination that the debt due and owing by the Debtor to CoreStates is nondischargeable by virtue of § 523(a)(2)(A) and § 523(a)(2)(...
Views: 1
MEMORANDUM OF DECISION ORDERING CONVERSION OR DISMISSAL This Chapter 7 case is before the Court for a ruling on the United States Trustee’s motion to dismiss the case under 11 U.S.C. § 707(b) on the ground that granting relief to the debtors would constitute an abuse of the bankruptcy process. The parties have briefed the issue and the relevant stipulated facts are set forth below. JURISDICTI...
Views: 1
MEMORANDUM OPINION Project Finance Corporation (“PFC”) has voted against debtor’s proposed Third Amended Plan of Reorganization (“Plan”). Debtor seeks to have its Plan confirmed by having it “crammed down” pursuant to 11 U.S.C. § 1129(b). Debtor’s attempt at a “cram down” will be rejected. Its Plan will not be confirmed for reasons set forth below. -I- BACKGROUND Debto...
Views: 1
DECISION STATEMENT The Roslyn Savings Bank (“Roslyn”) has instituted the instant adversary proceeding against Lynch III Properties, Inc. (“Debt- or”) and sixteen (16) mechanics’ lienors (“Defendants”) seeking a determination as to the extent, validity and priority of the liens on the Debtor’s real property. Roslyn has moved for summary judgment asserting that its mortgages have prior...
Views: 0
MEMORANDUM OPINION Several matters are before the court at this time. Express America, Inc. (hereinafter “debtor”) alleges in Adversary No. 90-0525-BM that Ronald Pierce, individually and d/b/a Master Movers (hereinafter “defendant”), willfully violated the automatic stay provided for at 11 U.S.C. § 362(a) by collecting debtor’s accounts receivable subsequent to the filing of the bankrupt...
Views: 2
ORDER This matter is before the Court on Emergency Motions for Change of Venue filed in the above-referenced cases. Because the questions of fact and law are substantially the same for both cases, they are consolidated for purposes of this Order. This is a core proceeding, for which this Court has jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(A). The following constitutes *794 ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon complaint seeking to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(8). A trial was held on June 4, 1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT In this proceeding, the parties contest whether two federally insured...
Views: 3
MEMORANDUM OPINION This case is before the Court upon Motion to Avoid Lien filed by Debtor pursuant to 11 U.S.C. § 522(f)(1). A hearing was held on June 27, 1991, and upon the evidence presented, the Court enters the following Memorandum Opinion: FACTS Debtor filed a petition for relief under chapter 11 on November 2, 1987. On May 12, 1989, the case was converted to chapter 7. In December...
Views: 1
JOURNAL ENTRY This matter comes before the court to consider the State of Nebraska’s attempt to withdraw its proof of claims from these bankruptcy proceedings in order that it may then rely on its sovereign immunity under the Eleventh Amendment. The State of Nebraska filed proof of claims in this bankruptcy case on October 2, 1986, in the amount of $113,333.87, on November 5, 1986, in the amount o...
Views: 0
OPINION Before the Court is an application for compensation by the Chapter 7 Trustee, C. Steven Hackeling, Esq., and his attorney, Neil H. Ackerman, Esq. Mr. Hackeling is requesting a commission in the amount of $181.51; Mr. Ackerman is requesting a fee of $1,000, plus expenses of $80.85. The United States Trustee opposes allowing any commission whatsoever to the Trustee because of w...
Views: 0
ORDER The Debtor has filed a motion for valuation of security and avoidance of the lien held by the Bank of Cairo and Moberly (hereinafter “Bank”) on a $1,000,000.00 term insurance policy on the debtor’s life. Debtor is proceeding under Bankruptcy Rule 3012 and 11 U.S.C. Section 506(a). In 1983, the Debtor arranged for a $600,-000.00 business loan through the Bank for the purpose of constructing a...
Views: 0
MEMORANDUM OPINION TAMKO Asphalt Products, Inc. (“TAM-KO”) has brought a Motion For Sanctions against debtor and its counsel pursuant to Bankruptcy Rule 9011. According to TAM-KO, the allegations against it stated in the complaint at Adversary No. 90-0422-BM are neither well-grounded in fact nor warranted by law. TAMKO seeks to recoup substantial legal fees and expenses incurred in connection w...
Views: 3
MEMORANDUM OPINION Several matters are before the court at this time. Joseph J. Bonistalli, former counsel to debtor, has submitted applications seeking *306 compensation in the amount of $9,870.00 and $113.85 for expenses incurred. Counsel will be awarded a total of $4,751.50 in compensation and will not be reimbursed for expenses. James A. Lewis, chapter 7 trustee...
Views: 0
Order Appointing the United States Trustee For this District to Prosecute a Criminal Contempt Proceeding Against the Defendant Pursuant to Bankruptcy Rule 9020(b), Fed.R.Bankr.P. § 9020(b) and Rule 42(b) of the Federal Rules of Criminal Procedure, Fed.R.Crim.P. § 42(b), the United States Trustee for the Districts of New York, or an attorney appointed by him, is hereby appointed to bring and pros...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: PLAINTIFF’S COUNTER MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On April 16, 1991, Defendant Gerald Zane filed a Motion for Summary Judgment in this adversary case. On June 12, 1991, Plaintiff Wyman W.C. Lai, Trustee of the Estate of George A. Fan and Joanna Z. Fan, filed a Counter-Motion for Summary Judgment. A hearing on ...
Views: 0
MEMORANDUM This is an action to determine the dis-chargeability of plaintiffs civil judgment against the debtor. The matter before the court is plaintiffs Motion for Summary Judgment (Fil. # 10). The judgment against the debtor was entered in a civil lawsuit for motor vehicle negligence. On June 9, 1990, a judgment was rendered against the debtor in the amount of $400,000.00, plus in...
Views: 1
MEMORANDUM OPINION ON DEFENDANTS’ MOTIONS TO DISMISS ADVERSARY The Plaintiff, Debtor in the related Chapter 11 bankruptcy proceeding, has sued the three Defendants here for alleged preferences. Defendants moved under F.R.Bankr.P. 7012 to dismiss the complaint. For reasons set forth below, the motion was denied by Order entered September 11, 1991. The Complaint is not time-barred unde...
Views: 1
DECISION ON MOTION TO STRIKE DEFENSE OF EQUITABLE-SUBORDINATION This is a motion pursuant to Fed.R.Civ.P. 12(f) by Goldome Realty Credit Corporation (“GRCC”) to strike the defense of equitable subordination, interposed by The Turner Corporation and Turner Construction Company (“Turner”) in opposition to GRCC’s motion for relief from the automatic stay under § 362(d) of the Bankruptcy Code...
Views: 0
MEMORANDUM OPINION AND DECISION This matter comes before the Court upon the Motion for Summary Judgment filed by Judi E. Beaumont, Trustee (“Trustee”), for Vogue Coach Company. Granting of this motion is appropriate, if, from the attached affidavits and depositions, there is no dis *456 pute as to the material facts and if the moving party is entitled to a judgment based upon...
Views: 1
MEMORANDUM In each of these unconsolidated adversary proceedings the defendants filed Motions That This Proceeding be Determined to be a Non-Core Proceeding. The adversary proceedings were commenced by the trustee to collect freight undercharges *421 from the defendant for the difference between the rate filed with the Interstate Commerce Commission (“ICC”) and the contract r...
Views: 2
MEMORANDUM OPINION This matter came on for trial on September 17, 1990, upon the complaint of the plaintiffs, Yadkin Valley Bank & Trust Company, John Everett Hutchinson and Ruth Laura Davis Hutchinson, seeking to recover damages from the defendant trustee, Linda McGee, for negligence in the performance of her duties as trustee. Daniel J. Park appeared as counsel for the plaintiffs; R. Br...
Views: 1
MEMORANDUM OPINION The issue before the court in this adversary proceeding is whether the debtor’s discharge in bankruptcy also discharges tax penalties relating to nondischargeable tax liabilities incurred more than three years before the filing of the bankruptcy petition. 11 U.S.C. § 523(a)(7). I Plaintiff, Marvin Lee Henderson (“Henderson”), timely filed his federal income ta...
Views: 0
MEMORANDUM OPINION Before the court is a Request for Allowance of Administrative Expense Claim by the standing Chapter 13 trustee and objection thereto by the debtor. This bankruptcy case was dismissed on November 13, 1990 before a plan was confirmed. The standing Chapter 13 trustee requests allowance of a $100.00 administrative expense claim. The trustee proposes to withhold the $100.00 from t...
Views: 0
ORDER DROPPING DEFENDANTS AND DISMISSING CLAIMS This case was commenced by the Plaintiff as the Trustee of the Estate of M & L Business Machine Co., Inc. The complaint sets forth a total of fifteen claims for relief. In general, the complaint was filed to enable the Trustee to recover funds alleged to have been transferred postpetition by the Debtor in violation of 11 U.S.C. § 549(a). ...
Views: 0
This is an adversary proceeding for equitable and declaratory relief. Defendants moved to dismiss it under Fed.R.Civ.P. 12(b)(6) and Fed.R.Bankr.P. 7012, on the ground that Plaintiff Mark C. Halverson, as trustee of Debtor’s bankruptcy estate, lacked standing to request and obtain any of the relief which he had requested, and that this Court lacked jurisdiction over any of the other Plaintiffs’...
Views: 0
On October 8, 1991, the Court heard and took under advisement objections regarding the Notice of Proposed Action and Motion and Stipulation for Sale of Secured Property Free and Clear of Claims, Interests, and Liens. Two other matters consisting of a Motion for Relief From Stay and a Motion to Convert to Chapter 7 were also included at this time. The only objection in connection with these matters...
Views: 0
ORDER SUSTAINING OBJECTION TO CONFIRMATION AND DISMISSING CASE An Objection to Confirmation and Motion to Dismiss the debtor’s Chapter 13 plan is before the Court. The Objection and Motion were filed by Margaret Brewer who is a creditor by virtue of an unsecured liquidated debt as well as a contingent unsecured claim. The matter came on for hearing June 18, 1991. The debtor, Steven Edwards, app...
Views: 11
ORDER DENYING DEBTOR’S MOTION TO CONVERT CASE Debtor’s Motion to Convert this case from Chapter 7 to Chapter 13 is before the Court. A hearing was held September 17, 1991. Keith Grayson, Esq. appeared for the debtor who did not appear personally. Frederick Wetzel, Esq. appeared on behalf of the Trustee, Walter Dickinson, who was also present. Kathryn Gearhart, Esq. appeared on behalf of A...
Views: 0
MEMORANDUM OPINION Now before the Court is an adversary proceeding in which Kenneth 0. Anderson (“Anderson”), pursuant to 11 U.S.C. § 727(a)(3), has objected to the discharge of the debtor, John C. Wiess (“Wiess”), in this Chapter 7 bankruptcy case. Anderson has also alleged that the debt owed to him by Wiess is non-dischargeable pursuant to 11 U.S.C. §§ 523(a)(2) and (4). A trial was hel...
Views: 1
OPINION I. INTRODUCTION This opinion determines several matters. First, does this Court have jurisdiction to decide this controversy as a contested matter or should it have been brought by way of adversary proceeding? Secondly, if properly before the Court as a contested matter, does the moving party have standing under 11 U.S.C. § 1109(b) to appear and be heard and is permissiv...
Views: 0
OPINION REGARDING NEW WEST FEDERAL SAVINGS & LOAN ASSOCIATION’S MOTION FOR ORDER REQUIRING DEBTOR TO PERFORM POST-PETITION OBLIGATIONS UNDER UNEXPIRED LEASE OF N ONRESIDENTIAL REAL PROPERTY I. PROCEDURAL BACKGROUND On July 5, 1991, Lansing Clarion Limited Partnership, “Lansing Clarion” or “Debt- or”, filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code. ...
Views: 2
MEMORANDUM OPINION AND ORDER ON MOTION TO DISQUALIFY ATTORNEY This core proceeding 1 came on for hearing on motion of the United States Trustee (“UST”) seeking, inter alia, an order disqualifying attorneys for Debtors in Possession from representing both estates. As grounds, the UST’s alleges numerous actual and potential conflicts of interest. The debtors in possession, Profes...
Views: 3
ORDER AND DIRECTIVE TO DEBTOR TO FILE AFFIDAVIT The matter before the Court is a Complaint filed by Jr. Food Mart of Arkansas, Inc. (“plaintiff,” “debtor,” or “Jr. Food Mart”) against T.A. Bone, Inc. and Jim Bone, Inc. (“defendants”). The complaint concerns a contract between the parties in which debtor is obligated to purchase gasoline from defendants. Debtor sues for partial breach of contract ...
Views: 1
SUPPLEMENTAL DECISION The debtor owns, subject to the bank’s lien, a boat marina on the Occoquan River in Woodbridge, Virginia and some adjacent or nearby vacant land. The bank sued for a declaration that the debtor’s rents from the marina are the bank’s cash collateral. After trial, the court, in an oral decision, found that the debtor had no equity in its property after the bank’s lien....
Views: 1
MEMORANDUM OF OPINION AND DECISION Before the Court is Trustee’s motion for summary judgment on his complaint to recover real property and the reply of Defendant-Debtor, Michael A. Frangos. This is a core proceeding within the Court’s jurisdiction. 28 U.S.C. §§ 1334(a), (b), 157(b)(2)(E), (H), (0). Count I of the complaint seeks recovery of Debtor’s interest in a trust as an asset of the estate...
Views: 1
DECISION AND ORDER ON MOTION FOR MODIFICATION OF A STIPULATION AND ORDER I. INTRODUCTION On April 16, 1991, during a hearing before this Court (the “April 16 Hearing”), Royster Company, Royster Midlantic Company and Rk Agri Services Inc. (collectively, “Royster”), a debtor under Chapter 11 of Title 11 of the United States Code (the “Code”), entered into a Stipulation and Order Provid...
Views: 1
ORDER DENYING TRUSTEE’S MOTION TO CONVERT CASE TO CHAPTER 11 THIS CAUSE came before the Court on September 12,1991, upon the Trustee’s Renewed Motion To Convert Case To Chapter 11, and the Court having reviewed the Motion, having listened to the argument of counsel and being otherwise fully advised in the premises, hereby finds as follows: This case was commenced by the filing of a v...
Views: 0
MEMORANDUM DECISION RE TRUSTEE’S OBJECTION TO CLAIM OF NEVADA EMPLOYMENT SECURITY DEPARTMENT Debtor Continental Minerals Corporation (“Debtor” or “Continental”) filed a petition under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330, in 1981. The case was subsequently converted to one under Chapter 7 of the Code and a trustee was appointed. On March 19, 1991, the trustee filed an obje...
Views: 1
MEMORANDUM OPINION REGARDING MOTION FOR APPROVAL OF ASSUMPTION OF LEASE On July 21,1988, Hickory Inn, Inc. (Hickory) and O.H. Holding Co. (Debtor) entered into an agreement whereby Hickory leased property to the Debtor which the Debtor operates as a restaurant. The Debtor filed its voluntary petition for relief under chapter 11 of the Bankruptcy Code on April 9, 1991, and subsequently mov...
Views: 0
OPINION AND ORDER On April 26, 1991, this Court heard the trial on the Complaint for Order Requiring Turnover of Wrongfully Withheld Wages and for Sanctions Including Attorney Fees (“Complaint”) filed by Owen J. Hebermehl, Debtor (“Plaintiff” or “Debtor”). Debtor named Metro Toyota, Inc., the Debtor’s employer (“Metro” or “Employer”), Jeffery Beattie, Interim Trustee (“Trustee”), and the United...
Views: 0
DECISION ON MOTION FOR RELIEF FROM STAY AND TO ENFORCE TERMINATION OF SALES AGREEMENT The debtor, Wills Motors, Inc., was franchised under a written sales agreement by Volvo North America Corporation (“Volvo”) to sell and service Volvo automobiles. Volvo has moved pursuant to 11 U.S.C. § 362(d)(1) for relief from the automatic stay in order to permit it to enforce the termination of a sales agr...
Views: 0
ORDER REFERRING ADVERSARY PROCEEDING TO DISTRICT COURT This adversary proceeding was filed October 25, 1988 in the Chapter 7 bankruptcy case of debtor, Carlos Ozier. The bankruptcy case was originally filed October 30, 1985. The original Complaint filed by the Chapter 7 trustee seeks actual and punitive damages in the amount of $2,000,000.00. Trustee has made a demand for trial by jury. A Motion ...
Views: 0
DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT Upon consideration of Defendant Robinson, Myrick and Associates, Inc.’s Motion for Summary Judgment and the Plaintiff Hartford Fire Insurance Company’s objection thereto, we DENY the Motion for Summary Judgment, and hold as a matter of law that Robinson, Myrick owes a duty of care to the Plaintiff, and that there remain issues of brea...
Views: 0
DECISION ON MOTION FOR AN ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY OR ABSTAINING The parties in this relief from stay motion might be compared with the passengers on the Titanic fighting for deck chair locations. The Chapter 11 corporate debtor alleges that it is insolvent, whereas the plaintiff seeks stay relief under 11 U.S.C. § 362(d)(1) for cause in order to proceed in state court to o...
Views: 0
ORDER ON DEFENDANT HYATT LEGAL SERVICES’ MOTION TO DISMISS I. Prelimninary Statement This matter is before the Court upon the motion (“Motion”) of Hyatt Legal Services, Joel Hyatt, William Brooks, Susan Hyatt, Wayne Willis, Jane/John Doe, James Reese, Ben Rainsberger, and Richard Oves-trud (together, the “defendants”) to dismiss the complaint filed by the Chapter 7 trustee (“...
Views: 0
DECISION This is an adversary proceeding in which the Plaintiffs seek to have their claims against the Defendant, at times referred to as the Debtor, deemed nondischargeable and in which they also seek to have his discharge denied on various grounds of fraud. This matter comes before this court on the motion of the Debtor who moved to dismiss the seventh, eighth, ninth, eleventh, thi...
Views: 1
MEMORANDUM OPINION This matter came before the Court on the trustee’s objection to the debtor’s claim of homestead exemption. Having considered the facts, the applicable law, and being otherwise fully informed and advised, the Court finds the objection is not well taken and will be overruled. The debt- *967or will be allowed her homestead exemption. FACTS The facts are not in dispute. The debtor p...
Views: 0
DECISION REGARDING MOTION OF BAYBANK HARVARD TRUST COMPANY FOR RELIEF FROM STAY This matter came before the Court at an evidentiary hearing on the Motion of Bay-Bank Harvard Trust Company (“Bay-Bank”). BayBank requests relief from the automatic stay pursuant to 11 U.S.C. §§ 362(d)(2) and (d)(1). Building 62 Limited Partnership (“Debtor”) objects to the requested relief and states that the prope...
Views: 0
OPINION ON REMAND FROM THE SIXTH CIRCUIT COURT OF APPEALS This dispute was originally before me on August 31, 1988 and September 1, 1988 for a two day trial to consider the breach of contract allegations raised by the Trustee, John Walhout, against the Defendants, TFL, Inc. and Central Transport, Inc. (hereinafter “Central Transport”). At the conclusion of the trial, I found in favor of the Plain...
Views: 1
MEMORANDUM OF DECISION ON MOTION BY U.S. TRUSTEE TO DISALLOW EXCESSIVE FEE OF DEBTOR’S ATTORNEY This matter comes before the court on a motion by the U.S. Trustee to disallow retainer fees charged by Debtor’s attorney as excessive in violation of 11 U.S.C. § 329(b). Certain retainer fee amounts which the U.S. Trustee acknowledged to have been earned prepetition or to have been for services whic...
Views: 3
PRELIMINARY DECISION ON MOTIONS OF UNITED STATES TRUST COMPANY AND U.S. TRUST This matter came before the Court at a preliminary hearing in accordance with a procedural order of Judge Kenner. While the final evidentiary hearing has not yet been held, the impact of some of the legal issues resolved by the Court at the preliminary hearing upon fifteen other related cases and a larger number...
Views: 1
MEMORANDUM ON DEBTOR’S MOTION FOR SHOW CAUSE, CONTEMPT AND ATTORNEY’S FEES The court has before it the debtor’s “Motion For Show Cause, Contempt And Attorneys [sic] Fees” (Motion) filed April 12, 1991. By her Motion, the debtor seeks an order finding the Internal Revenue Service (IRS) in contempt for violations of the automatic stay and codebtor stay of Bankruptcy Code §§ 362(a) and 1301(...
Views: 0
MEMORANDUM OPINION This matter is before the court on the Chapter 7 Trustee’s objection to the homestead exemption claimed by the debtors, Roger L. and Judy R.T. Emerson, in a parcel of real property located in Pittsylva-nia County, Virginia. The trustee objects to the claimed exemption because the property was not exempted in the debtors’ original homestead deed, but was added by amendme...
Views: 0
The Chapter 11 trustee of the debtor, Lehal Realty Associates, has commenced an adversary proceeding against the New York State Department of Taxation and Finance (“the State”) on the theory that the debtor’s transfer and sale of its real property is exempt under 11 U.S.C. § 1146(c) from a ten percent tax imposed by Article 31-B, § 1441 et seq. of the New York tax law (“Gains Tax”). ...
Views: 0
MEMORANDUM DECISION This adversary proceeding was tried before the court on February 11, 1991, on a complaint filed by the trustee, R. Arthur Ludwig, alleging that Carol M. Geise (Carol), the non-debtor spouse of Gerald Geise (Gerald), is in possession of certain marital property constituting property of this Chapter 7 estate. See 11 U.S.C. § 541(a)(2). The complaint asks ...
Views: 1
DECISION AND ORDER ON DEBTOR’S MOTION FOR DECLARATORY JUDGMENT (Retiree Benefits) Debtors move for a declaratory judgment that their Plan of Reorganization is eligible for confirmation without a provision for the continuation of retiree benefits for pre-petition retirees if the Debtors have neither reached an agreement with the Official Retiree Committee (“Committee”) under § 1114(e)(1)(B) ...
Views: 0
MEMORANDUM OPINION In this-proceeding to determine the validity of the trustee’s objections to claims, the issues before the court are: 1. whether a secured creditor is entitled to be paid attorneys’ fees in a Chapter 13 plan; 2. whether an unsecured creditor may add attorneys’ fees to its claim for payment in a Chapter 13 plan; 3. how the amount of attorneys’ fees is to be...
Views: 1
ORDER Plaintiff, Haile Company d/b/a Haile Tobacco Company, debtor in this Chapter 11 case, demands trial by jury of the issues raised in its complaint. Defendants oppose the demand. Plaintiff brought this adversary proceeding alleging defendants took certain actions intended to harm plaintiff’s business relations in furtherance of a conspiracy to drive plaintiff out of business. Plaintiff’s co...
Views: 0
DECISION ON FIRST INTERIM FEE APPLICATION OF SPECIAL COUNSEL TO DEBTOR-IN-POSSESSION During the pendency of these proceedings, the debtor and a number of related entities were named as defendants in certain civil actions alleging violations of ERISA and RICO and further alleging fraud, embezzlement, and conversion. The plaintiffs also filed proofs of claim in this case and sought to have ...
Views: 3
ORDER This matter is before the Court on the Motion for Relief From Stay, filed by Bank South, N.A. (“Bank South”) on June 12, 1991, against James R. Horne and Frederic-ka D. Horne (“Debtors”). A hearing was *662 held on July 19, 1991, at which time the parties were ordered to submit written briefs. Additionally, an amicus curiae brief was filed by General Motors Acceptance Corporation (GMA...
Views: 0
MEMORANDUM OPINION Daniel Murray, the Trustee for the Chicago, Missouri, and Western Railway Company (“CM & W” or “Debtor”), has moved for partial summary judgment against defendants Cushing Trucking, Inc. (“Cush-ing”) and TW Communication Corporation, named herein as TW ComCorp., (“TWC”) (collectively the Defendants). In his motion, the Trustee seeks to establish the *841existence of all of the ...
Views: 0
MEMORANDUM OPINION ON CLASS PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Plaintiffs have moved for class certification, so as to pursue their complaint in this Adversary case under 11 U.S.C. § 523(c) to have the debt owed to the class they earlier represented declared non-dischargeable. For reasons discussed in this opinion, the motion is allowed. Accordingly, Plaintiffs’ counsel will be as...
Views: 3
ORDER OF REMAND On this day came on to be considered the above two cases, which are appeals from orders and judgments of the United States Bankruptcy Court for the Western District of Texas. The Court finds that the parties have compromised and settled their differences, and that the following orders should be entered. It is ORDERED that the orders and judgments of the United States Bankruptc...
Views: 1
OPINION The instant proceeding presents elusive issues regarding the determination of the date of termination of a group life and health insurance policy for the benefit of the Debtor corporation's employees and the impact upon the employees’ benefits when the Debtor failed to make timely payments *47 of policy premiums. Revising our own previous tentative conclusion, we hold...
Views: 1
MEMORANDUM OF DECISION On June 7, 1990, Thomas J. Corbett (“Plaintiff”) obtained a judgment in a non-jury trial against Denis G. Picard (“Debt- or”) in the Cumberland County. Superior Court. The judgment was for compensatory damages in the amount of $65,000.00, plus interest and costs, following an incident in which the Debtor shot and injured the Plaintiff. See Corbett v. Picard, Docket No. ...
Views: 1
*75 MEMORANDUM OPINION This matter comes on before this Court upon the October 3, 1991, filing by Brook-field Centre Limited Partnership (“Brook-field”) of a Motion for Injunction Pending Appeal, regarding this Court’s prior decision, entered September 12, 1991, denying injunctive relief to Brookfield. Said motion was filed by the debtor in an effort to enjoin the foreclosure sale by CFS Mana...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on the Debtors’ Amended Complaint to Recover Money or Property from Co-Defendants McClandon, Harvey and Lake Shore National Bank. The debtors seek to avoid and recover their former residence which was transferred to McClandon in a tax deed proceeding conducted under Illinois law. The defendant McClandon has filed a motion to dismiss th...
Views: 2
OPINION AND ORDER DENYING MOTION TO DISMISS This matter is before the court upon motion of Dennis E. Laube and John P. Laube, unsecured creditors to dismiss chapter 11 reorganization to which Debtors are opposed. Upon consideration thereof, the court finds that said motion is not well taken and should be denied. FACTS On October 31, 1990, Debtors filed their voluntary petition under chapter 11 of ...
Views: 0
OPINION AND ORDER SUSTAINING OBJECTION TO CONFIRMATION, DISMISSING CHAPTER 13 CASE AND PROHIBITING REFILING This matter is before the court upon the objection of trustee to confirmation and motion to dismiss chapter 13 case with prejudice, to which no response has been filed. Upon consideration thereof, the court finds that said objection is well taken and should be sustained, that Debtor...
Views: 2
DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT The defendant-third party plaintiff, Mid-lantic National/North (“Midlantic”), has moved for an order pursuant to Bankruptcy Rule 7056 and Rule 56 of the Federal Rules of Civil Procedure granting it summary judgment and dismissing the debtor’s complaint to recover an allegedly improper post-petition setoff in the sum of $29,-799.51. ...
Views: 0
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFFS’ COMPLAINT This matter is before the court upon plaintiffs’ motion for summary judgment for violation of automatic stay to which defendant has submitted an affidavit in opposition. Upon consideration thereof, the court finds that said motion is not well taken and should be denied and that plaintiffs’ complaint...
Views: 0
OPINION AND ORDER OVERRULING OBJECTION TO CONFIRMATION This matter is before the court upon the objection of Taylor Cadillac, Inc. to confirmation of Debtor’s amended chapter 13 plan. Upon consideration thereof, the court finds that said objection is not well taken and should be overruled and that Taylor Cadillac, Inc. should turn over to Debtor the 1979 Cadillac Seville in its possession, in a...
Views: 1
MEMORANDUM OPINION Judi E. Beaumont, Trustee herein (“Plaintiff”) has filed a Motion for Summary Judgment upon the issues raised in her Complaint under § 547(b) of the Bankruptcy Code. Granting of the motion is appropriate if the Plaintiff demonstrates that there are no issues of material fact and the law applied to those facts requires judgment in her favor. Celotex Corp. v. Catret...
Views: 1
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This matter is before the court upon Debtor/plaintiff’s motion for summary judgment to which defendant has objected. Upon consideration thereof, the court finds that said motion is well taken and should be granted and that any pre-petition monetary claim owed defendant be discharged. FACTS On July 17,1990, Debtor/defendant f...
Views: 0
OPINION Stanley Miller (the “Trustee”), the chapter 11 trustee in these consolidated cases, requests authority to abandon three properties: the Chapel Hill Apartments in Framingham, Massachusetts, the Cliffside Apartments in Sunderland, Massachusetts, and the partnership interest of the principal debtor, Andrew J. Lane (the “Debtor”), in Fountainhead Associates of Westborough, a partnersh...
Views: 2
OPINION AND ORDER GRANTING MOTION TO LIFT STAY AND TO ABANDON PROPERTY This matter came on for hearing upon ITT Commercial Finance Corp.’s motion to lift stay imposed by 11 U.S.C. § 362 and to abandon property to which the trustee and Central Trust Company of Northern Ohio have objected. Upon consideration of the evidence adduced at trial and the parties’ post-trial briefs, the court finds that sa...
Views: 0
OPINION AND ORDER DISCHARGING DEBT This matter came on for trial upon plaintiff’s complaint to determine dischargeability of debt. Upon consideration of the evidence adduced at trial, the court finds that said debt should be discharged. FACTS On August 1, 1989, Debtor filed his voluntary petition under chapter 7 of title 11. Thereafter, on March 14,1990, Debtor filed the instant...
Views: 1
MEMORANDUM OF DECISION ON REASONABLENESS OF PROFESSIONAL FEES This matter 1 is before us by result of our May 23, 1991 bench order directing certain professionals (Attorneys, Accountants, Investment Bankers/Advisors) to submit proprietary data, under seal, on how their firms calculate rates and disbursements charged to the Drexel Bum-ham Lambert Group, Inc. (DBL) bankruptcy est...
Views: 0
DECISION ON MOTION TO TRANSFER VENUE Before the Court is a motion of Sunburst Bank, the largest creditor herein, to transfer this Chapter 11 case from the United States Bankruptcy Court for the Eastern District of New York to the United States Bankruptcy Court for the Northern District of Mississippi. All other creditors who have made known to the Court their positions, support the venue ...
Views: 0
MEMORANDUM OF OPINION AND DECISION Before the Court is the objection of Trustee, David O. Simon, to Claim Number 263 filed by the Internal Revenue Service (IRS) and response thereto. After preliminary hearing the parties agreed to submit the matter on stipulations and briefs. This objection is a core proceeding within this Court’s jurisdiction. 28 U.S.C. §§ 1334(a), (b), 157(b)(2)(B), (O). St...
Views: 0
MEMORANDUM OPINION Chemical Bank, a judgment creditor, objects to the debtor, Stanley Robert Sha-land’s (“Shaland” or “Debtor”), exemption claims on two items of personal property— *167 a car and a bank account. Testimony and argument were presented on August 27, 1991. The objection is sustained as to the car and denied as to the bank account. BACKGROUND FACTS The D...
Views: 0
OPINION ON MOTION OF PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION OF DEFENDANT OCEAN CLUB CONDOMINIUM ASSOCIATION FOR SUMMARY JUDGMENT Plaintiffs seek partial summary judgment on Counts 1 and 3 of the adversary complaint. In particular, plaintiffs seek a declaration that a regulation enacted by the Ocean Club Condominium Association (OCCA) restricting leasing opportunities of ...
Views: 21
OPINION OVERVIEW The bankruptcy court awarded summary judgment in favor of Appellees, determining that they were entitled to the debtor’s accounts receivable that had been collected by Appellant bank and awarding prejudgment interest to Appellees, but not attorney’s fees. Appellant bank alleges that the *636 court lacked jurisdiction to determine the dispute; that the co...
Views: 1
OPINION Background North East Projects, Inc. (“Debtor” or “Contractor”) filed a voluntary Petition under Chapter 7 of the Bankruptcy Code on September 12, 1989. Stephen H. Hutzel-man, Esq. serves as Trustee (“Trustee”). The Debtor was engaged in the construction of residential homes under contract for purchase by individuals who received fi*60nancing from the Farmers Home Administration (“FMHA”...
Views: 0
MEMORANDUM OPINION AND ORDER On September 17, 1991, Kentucky West Virginia Gas Company moved this Court for an Order directing the United States Trustee to appoint it as a member of the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation (TCo). Several parties objected, including the Committee itself. Kentucky’s motion was originally scheduled for Octobe...
Views: 0
MEMORANDUM OPINION AND ORDER Continental Airlines, Inc. (Continental) filed a complaint seeking the turnover of *586 aircraft parts. The United States of Amer-ica (United States) answered the complaint admitting, inter alia, that the FBI holds all 61 parts at issue and is willing to turnover the parts upon an order by a court of competent jurisdiction. Defendants Sheldon A. Chrysler and Bar...
Views: 1
MEMORANDUM OPINION AND ORDER The Trustee of The Railway Reorganization Estate, Inc., f/k/a Delaware and Hudson Railway Company (D & H), has proposed what in essence is a compromise plan of liquidation. That plan represents a series of settlements with numerous types of claimants. The United States has not compromised its claim. It asserts and the Trustee disputes that it has a ...
Views: 0
MEMORANDUM OPINION AND ORDER VIP Motor Lodge, Inc. (VIP) owns and operates a Howard Johnson’s Motor Lodge and restaurant in Colonie, New York, which is just outside the City of Albany. VIP filed a Chapter 11 petition on August 28, 1990. The First National Bank of Boston (Bank), the major secured creditor, objected to and voted against VIP’s plan of reorganization. VIP and the Bank present...
Views: 2
ORDER DENYING DEBTORS’ MOTION TO AVOID LIEN OF BARGERS-VILLE STATE BANK AND PETITION TO ESTABLISH SECURED STATUS OF CREDITOR’S CLAIM, AND DENYING BANK’S MOTION FOR STAY RELIEF AND ABANDONMENT AS MOOT This matter comes before the Court on the Debtors’ Motion to Avoid Lien filed on April 15, 1991, and amended on May 9, 1991, on the Motion to Dismiss, or in the Alternative for Summary Judgme...
Views: 3
MEMORANDUM OPINION AND ORDER The Delaware and Hudson Railway Company, Inc. (DHRC) filed a contingent administrative claim against the Railway Reorganization Estate, Inc., f/k/a Delaware and Hudson Railway Company (D & H) in the amount of $12,000,000. DHRC is a subsidiary of Canadian Pacific Limited and is the successor corporation to D & H Corp. which purchased substantially all of the D ...
Views: 1
ORDER GRANTING DEBTOR’S MOTION TO SET ASIDE ORDER SUSTAINING OBJECTION TO MOTION TO AVOID LIEN, GRANTING DEBTOR’S MOTION TO AVOID AVCO’S LIEN, AND DENYING AVCO’S MOTION TO MODIFY STAY This matter comes before the Court on the Motion to Set Aside Order Sustaining Objection to Motion to Avoid Lien, filed by the Debtor on November 30, 1990 (“the Debtor’s Motion”), and on the Motion to Dismiss, or ...
Views: 1
*558DECISION ON DEBTORS’ “MOTION FOR JUDICIAL NOTICE OF TRESPASS ON THE CASE AND MOTION FOR ORDER TO SHOW CAUSE” This case came on for hearing on August 15, 1991, on the “motion for judicial notice of trespass on the case and motion for order to show cause” filed by the debtors, William and Anna Jean Millsaps (“Mill-saps”) (Document No. 20). This contested matter involves the scope of the Section ...
Views: 0
ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFF This matter comes before the Court on the Plaintiff’s Motion for Summary Judgment, filed on June 5, 1991, and on the Debtor’s Motion for Summary Judgment, filed June 20, 1991. The matters were heard on June 26, 1991. The Court now grants the Plaintiff’s motion and denies the Debtor’s motion on the following findings of fact and conclusions of law. ...
Views: 1
MEMORANDUM OPINION The issues before this Court are whether an injunctive action filed by Pheasantry Films, Inc. and Bancannia Film Distribution, Pty-Ltd. (collectively “Pheasantry” unless otherwise stated) constituted an act to “exercise control” over certain contract rights of the chapter 11 estates of MCEG, Inc. and various of its subsidiaries, in violation of Bankruptcy Code § 362(a)(...
Views: 1
DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND ON MOTION FOR ABSTENTION This adversary proceeding came on for consideration of the motion for partial summary judgment filed by plaintiffs, William and Anna Jean Millsaps (“Millsaps”) (Document No. 81); the cross motion for summary judgment filed by the defendant, United States of America (“Internal Revenue Service” or “Service”) (Docume...
Views: 2
MEMORANDUM OPINION Debtor objected to a proof of claim (the “Claim”) for $89,983.61, based on a promissory note (the “Note”) given to the Inose Family Trust (“Inose”). At the April 29, 1991 hearing, I allowed attorney’s fees to Inose under § 506(b) of the Bankruptcy Code (the “Code”) in the amount of $30,-001.12. I also granted debtor’s motion for reconsideration and disallowed $10,000 of...
Views: 0
dissenting: While I agree with the discussion in parts IV A. and B., I respectfully disagree that judgment cannot be entered in favor of the defaulting party, particularly in this case. I recognize that no authorities exist that specifically authorize the entry of a judgment in favor of the defaulting party after the bankruptcy court holds a hearing, considers evidence pursuant to Rule 55(b)(2), a...
Views: 0
*152 MEMORANDUM OPINION This case comes before the Court on a motion by the debtor styled Debtors’ Objection to Proof of Claim Filed by Norma L. Kinder, Combined with Motion to Avoid Lien Claimed by Norma L. Kinder. However, the real issue raised by the parties is the nature of the interests held by the debtor vis-a-vis his former wife in the pension system which accum...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on the Trustee’s Cross-Claim to avoid the statutory lien of co-defendant F.D. Masonry, Inc. The co-defendant F.D. Masonry filed an Answer and affirmative defenses to the cross-claim and subsequently presented a motion for judgment on the pleadings before the Court. The motion for judgment on the pleadings asserts that (1) the Trustee’s cross-c...
Views: 0
MEMORANDUM OPINION This case comes before the Court on the motion of the Kansas City Credit Union to reconsider confirmation of debtor’s Chapter 13 plan. Debtor’s Chapter 13 plan was confirmed on September 13, 1991. The Credit Union filed its motion to reconsider on September 19, 1991. The Credit Union claims and this Court finds that notice of the bankruptcy proceeding was not received by th...
Views: 1
MEMORANDUM OPINION The Debtors’ house is encumbered by a mortgage held by Champion Federal Savings and Loan. The Debtors have not been making their mortgage payments and therefore Champion has a claim for the amount in arrears, in addition to the remaining mortgage principal balance. The Debtors’ Chapter 13 plan would pay the mortgage balance by maintaining their mortgage under its original t...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on the Complaint of Great American Insurance Company to determine the validity, extent and priority of the liens claimed by various defendants, including MorAmerica Capital Corporation. A Counterclaim was filed by MorAmerica Capital Corporation (hereinafter MorAmerica) against Great American Insurance Company (hereinafter Great America...
Views: 1
ORDER ON MOTION FOR CLASS CERTIFICATION THIS IS a Chapter 11 case filed by Bi-coastal Corporation, d/b/a Simúflite, f/k/a The Singer Company (Debtor), a case which is still in the preconfirmation stage. The matter under consideration is a Motion for Class Certification filed by Richard J. Plestina and Quelah Corporation Northwest Salary Reduction Profit Sharing Plan (Claimants). The Motion se...
Views: 0
ORDER ON MOTION TO HOLD UNITED STATES IN CONTEMPT OF COURT, OR, IN THE ALTERNATIVE, FOR SANCTIONS FOR VIOLATION OF THE PERMANENT INJUNCTION THIS CAUSE came on for hearing with notice to all parties of interest as a “Motion To Hold The United States In Contempt Of Court, Or In The Alternative, For Sanctions For Violation Of the Permanent Injunction.” The Motion was filed by Earl J. Moulton, Jr. ...
Views: 1
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS a closed Chapter 7 liquidation case which was reopened to permit Debra Lee Reese (Debtor) to schedule NCNB National Bank of Florida (NCNB), a previously unscheduled creditor. The matters currently under consideration are Motions for Summary Judgment filed by the Debtor and NCNB in this adversary proceeding which was initiated by the Complaint filed ...
Views: 0
ORDER IMPOSING SANCTIONS FOR VIOLATION OF BANKRUPTCY RULE 9011 THIS IS a Chapter 13 case and the matter under consideration involves the alleged violation of Bankruptcy Rule 9011 by Mark D. Jasperson (Mr. Jasperson), the President of The Florida Legal Group, P.A. (Legal Group) and counsel of record for Michael S. Jerrels and Cecelia S. Jerrels (Debtors), the debtors involved in this Chapt...
Views: 1
DECISION ON MOTION AND CROSS-MOTION WITH RESPECT TO CLAIM OF JOHN P. O’NEILL The motion and cross-motion under review address the issue of whether or not a class proof of claim should be authorized in this liquidating Chapter 11 case. John P. O’Neill (“O’Neill”), a customer of the debtor’s stock-broker division, commenced a class action against the debtor on November 15, 1988 in the ...
Views: 1
OPINION RE AWARD OF INTERIM COMPENSATION TO ATTORNEYS FOR TRUSTEE Robinson, Diamant, Brill & Klausner (the “Firm”), court-appointed counsel for the chapter 7 trustee, has applied for an interim payment of attorney fees accrued during the first four years of this case. The amount requested reflects current billing rates, rather than the billing rates in effect at the time the services were...
Views: 2
MEMORANDUM OPINION Several matters are before the court at this time. A Motion To Dismiss Under 11 U.S.C. Section 305 has been filed by Ann M. Marker (“Marker”), who avers that the interest of debtor and his creditors would be better served by a dismissal of this bankruptcy filing. She also seeks to recover, pursuant to 28 U.S.C. § 1917, attorney’s fees and costs incurred ...
Views: 0
DECISION The issue before the court is whether the Richmond Unified School District (the “District”) is entitled to an order granting its motion to dismiss its pending Chapter 9 case. The court holds in the affirmative. I. BACKGROUND On April 19, 1991, the District filed a petition under Chapter 9 of the Bankruptcy Code. The District’s largest creditor was the State of Californi...
Views: 3
OPINION REGARDING EXCUSABLE NEGLECT STANDARD OF FED.R.BANKR.P. 9033(c) At issue is the interpretation and application of the “excusable neglect” standard of Fed.R.Bankr.P. 9033(c). Necessarily this is a core proceeding falling within the ambit of 28 U.S.C. § 157(b)(2)(A) and thus pursuant to 28 U.S.C. § 157(b)(1) the court may enter a final order subject to appellate review under § 158. ...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF COURT’S DECISION TO DENY PLAINTIFF’S MOTION FOR PERMANENT INJUNCTION The Career College Association, formerly the National Association of Trade and Technical Schools (“NATTS”), by its counsel, hereby submits proposed Findings of Fact and Conclusions of Law in support of the Court’s decision to deny the motion of Plaintiff Statewide Oil...
Views: 0
OPINION On consideration before the court is a motion to dismiss filed by the defendants, Commodity Credit Corporation (CCC), a corporation wholly owned by the United States of America, and Agricultural Stabilization & Conservation Service (ASCS), an agency of the United States Department of Agriculture; response to said motion having been filed by the plaintiff, Mrs. Juanita C. Winchester, indiv...
Views: 0
OPINION On consideration before the court is a motion for summary judgment filed by the defendant, Minnesota Mutual Life Insurance Co.; response to said motion having been filed by the debtor, Delta Plaza Partners; and the court having considered same hereby finds as follows, to-wit: I. The court has jurisdiction of the subject matter of and the parties to this proceeding pursua...
Views: 1
DECISION ON ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO DISMISS AND ON ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT Before the court is “Defendant Gail Meyer’s Motion to Dismiss Pursuant to Fed. R.Civ.P. 12(b)(6)” as well as “Plaintiff’s Motion for Summary Judgment.” The court has jurisdiction p...
Views: 1
OPINION ON DEFENDANTS’ OBJECTION TO REMOVAL, MOTION REQUESTING ABSTENTION AND ALTERNATIVE MOTION FOR REMAND At a hearing before this Court on October 11, 1991, I issued an oral bench opinion granting the Defendants’ request for abstention and ordering this case remanded to the Indian Tribal Court for adjudication of the Plaintiff’s wrongful discharge action against the Defendants. This opinion ...
Views: 0
MEMORANDUM OPINION Plaintiff, Cassady-Pierce Company, Inc. (“plaintiff”), has filed a complaint seeking to have debtor denied a general discharge pursuant to 11 U.S.C. § 727(a). Alternatively, plaintiff seeks to have the debt owed to it by debtor declared nondischargeable pursuant to 11 U.S.C. § 523(a). Debtor will be denied a general discharge pursuant to 11 U.S.C. § 727(a)(3) and (...
Views: 0
OPINION A. INTRODUCTION These two proceedings present the same question: may a debtor recover a setoff of a tax refund by the United States Internal Revenue Service (“the IRS”), pursuant to 31 U.S.C. § 3720A(c) and 26 U.S.C. § 6402(d)(1), against a student loan obligation owed by the debtor to the United States Department of Education (“the DOE”) occurring within 90 days of the bankr...
Views: 0
*383 OPINION Lincoln Park Community Credit Union (Credit Union) filed its complaint praying that this court determine that the educational loan made to Beverly Sinclair-Ga-nos (Debtor) is a nondischargeable debt under 11 U.S.C. § 523(a)(8). This adversary proceeding was filed on April 26,1990, and the base case was filed on October 11, 1989. At the trial, the court found that the total inde...
Views: 1
OPINION On consideration before the court are the applications for compensation and reimbursement of expenses filed by the law firms of Stennett, Wilkinson and Ward and Knight and Knight, P.A.; objections to said applications, as well as, a motion for the disgorgement of retainers filed by the Office of the United States Trustee; and the court having heard and considered same hereby finds as fo...
Views: 0
*420DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO HOME FEDERAL SAVINGS BANK Before the court are motions for summary judgment filed separately by the defendants, Donald M. Farra and Home Federal Savings Bank. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(K) — determ...
Views: 2
*4 MEMORANDUM AND DECISION In this Summary Judgement action, the Trustee is seeking to void a fraudulent transfer of real property from the Debtor to his wife under 11 U.S.C. § 544(b) (1988) and N.Y. Debt. & Cred. § 276 (Con-sol.1979). The Debtor transferred his one-half interest in the jointly held residence to his wife 21 days after he received a bank loan. Defendant wife argue...
Views: 1
MEMORANDUM OPINION Daniel Robert Schurman, hereinafter debtor, filed a petition for relief under Chapter 7. In that proceeding he listed some medical bills and some credit card and personal loan obligations that he had been ordered to pay in a recent decree of dissolution. Also he listed an obligation of $2,500.00 to David E. Elliott, Attorney at Law, for attorney fees from the dissolution. Mr....
Views: 0
DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANT FIFTH THIRD BANK This matter is before the court on the motion of defendant Fifth Third Bank for summary judgment. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (O). *418PLAINTIFFS’ COMPLAINT The complai...
Views: 0
ADJUDICATION 1. The instant adversary proceeding is an accounts receivable action instituted by Mitchell W. Miller, Esquire, as Trustee (“the Trustee”) for the Estate of LILA, INC. t/a BECKER & ASSOCIATES and RHINO COPY (“the Debtor”) in this Chapter 7 bankruptcy case. The Trustee was appointed on January 15, 1991, after an expedited hearing on a successful involuntary petition brought ag...
Views: 1
AMENDED MEMORANDUM OPINION A hearing was held upon the involuntary petition of three creditors against May Lumber & Material Company, a Missouri Corporation, located in Kansas City, Missouri. The only contested issue was whether the corporation had been properly served with the involuntary petition. Counsel for the putative debtor entered a special appearance for the purpose of contesting service...
Views: 0
*749OPINION Appellee/Defendant Imperial Savings & Loan Association (“Imperial”) sold real property at a foreclosure sale. Thereafter Appellant/Plaintiff BFP filed its Chapter 11 petition and brought an adversary suit to avoid the sale as a § 548(a)(2) transfer for less than reasonably equivalent value. Imperial moved for and was granted summary judgment. BFP appealed. We AFFIRM. BACKGROUND In 198...
Views: 0
MEMORANDUM OPINION This is a contested involuntary petition. There are three issues. First, whether the claim of Bank One, Texas, N.A. (“Bank One”), one of the three initial petitioning creditors, is subject to bona fide dispute within the meaning of § 303(b)(1). The Court finds Bank One’s claim is subject to bona fide dispute. Second, whether the joinder of oth...
Views: 0
MEMORANDUM ORDER WITHDRAWING REFERRAL TO THE INTERSTATE COMMERCE COMMISSION, DENYING MOTION TO DISMISS AND GRANTING MOTION FOR SUMMARY JUDGMENT The above-entitled matter came on for hearing before the undersigned on the 17th day of September, 1991, on the plaintiff’s motion for lift of stay and for entry of summary judgment, and on the defendant’s motion for withdrawal of referral to the ...
Views: 0
MEMORANDUM OF DECISION AND ORDER RE: MOTION FOR RELIEF FROM STAY FILED BY CONNECTICUT NATIONAL BANK I. ISSUES The major issues in this relief from stay proceeding are the binding effect of a court order approving. a stipulation between a debtor and its financing bank entered during a superseded chapter 11 case, whether the bank held a prepetition security interest in certain of ...
Views: 1
ORDER DENYING CONFIRMATION OF PLAN This case came on for hearing to consider confirmation of the debtors’ Chapter 13 plan and the objection of Security Pacific Financial Services, Inc. Stephen P. Thies appeared on behalf of the debtors, Chris H. Berndt appeared on behalf of Security Pacific, and Stephen J. Creasey appeared on behalf of the trustee. This court has jurisdiction pursuant to ...
Views: 1
DECISION On January 19, 1988 debtors filed a voluntary petition for relief under Chapter 11 with the United States Bankruptcy Court for the District of Nevada. On October 19, 1988 the case was converted to Chapter 7 and Mr. Jack Fibelman was appointed trustee. Things apparently did not go well between the debtors and the trustee after the conversion of their case and, on May 25, 1989, the...
Views: 0
DECISION RE: TRUSTEE’S FINAL REPORT Case trustee Donald H. Molstad requests approval of his final report including approval of trustee’s compensation in the amount of $8,382.98. This requested trustee’s fee includes $1,500.00 based on “constructive disbursements” to secured creditors. Because the trustee has calculated requested fees using constructive disbursements, the U.S. Trustee has ...
Views: 0
RULING RE: OBJECTION TO EXEMPTION The trustee has objected to debtor’s claim of exemption in a 1991 Chevrolet C-1500 sport pickup truck. Trial on the objection was held on September 3, 1991 in Sioux City, Iowa. The court now issues its ruling including findings of fact and conclusions of law as required by Fed. R.Bankr.P. 7052. FINDINGS OF FACT Charles A. Bierman (BIERMAN) filed his chapter 7 case...
Views: 0
OPINION Sharon Fensick and Michael Fensick (the “Plaintiffs”) own an old Victorian home in Sunderland, Massachusetts which in 1987 was in need of modernization and reconstruction. They determined that the foundation, the roof, the wiring, and the plumbing all required replacement. They also decided to replace all of the house’s twenty-eight windows and to renovate the kitchen and baths. ...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court sua sponte. The issue presented to the Court is whether the secured creditor is entitled to a thirty-six percent (36%) default rate of interest on its oversecured claim pursuant to 11 U.S.C. § 506(b). 1 The Court, after hearing and having reviewed the file and being advised in the premises, makes the fol...
Views: 0
ORDERS RE: MOTIONS OF DEBTORS-IN-POSSESSION TO REJECT COLLECTIVE BARGAINING AGREEMENTS Debtors-in-possession in these separate bankruptcy cases seek authority to reject collective bargaining agreements. The affected labor union objects. Hearing on the contested matters was held March 5, 1991 in Sioux City, Iowa. Inasmuch as the debt- or corporations have common ownership and the labor uni...
Views: 0
*482 ORDER RE: DEFENDANTS' MOTION TO DISMISS Defendants move to dismiss plaintiffs’ complaint. Hearing was held in Fort Dodge, Iowa on April 17, 1991. Susan K. Ratka and Richard E. Ratka, Jr. (DEBTORS) filed a joint voluntary petition under chapter 7. The clerk of court filed and on April 19, 1990 served an “Order for Meeting of Creditors” which notified creditors of the filing, of the date s...
Views: 0
ORDER At Saint Louis, in this District, this 13th day of November, 1991. I. Background This matter deals with the allowance of an interim fee application. On February 26, 1991, this Court authorized the Official Committee of Unsecured Debenture Holders (the Sub-debt Committee) to retain the law firm of Kramer, Levin, Nessen, Kamin & Frankel (Kramer Levin). The applicatio...
Views: 1
DECISION AND ORDER GRANTING MOTION FOR CONTINUED DISCOVERY AND DENYING MOTION FOR PAYMENT OF DISCOVERY EXPENSES This matter is before the court upon the motion of the plaintiff to permit discovery pursuant to Bankr.R. 7056(f) and the Memorandum in Opposition to Plaintiff’s Motion to Permit Discovery and Defendant’s Motion for Payment of Expenses of Discovery. The motions of the parties were accomp...
Views: 0
ORDER In this adversary proceeding, the Plaintiff, a Chapter 13 Debtor, seeks to recover a preference from the Defendant which allegedly resulted from the setoff of a tax refund of $583.00, which was applied against the Debtor’s 1980 income tax deficiency. The matter is pending on the Defendant’s Motion to Dismiss the Amended Complaint on grounds the Complaint fails to state a claim for relief ...
Views: 1
MEMORANDUM OF DECISION This adversary proceeding was submitted to the Court for decision on stipulated facts. Plaintiff, the debtor in a Chapter 13 case, and Defendant were formerly partners in a telemarketing publications business. In March, 1989, after a dispute between the parties over the business, they entered into a written agreement to dissolve the partnership. In the contract, Def...
Views: 2
MEMORANDUM OPINION REGARDING STATUTE OF LIMITATIONS AS TO CERTAIN PREFERENCE DEFENDANTS Because the issues raised by defendants Fingerle Lumber Company (“Fingerle Lumber”), Fingerle-Hollister-Wood Lumber Co. (“Fingerle-Hollister”), and Briarwood Ford, Inc. (“Briarwood Ford”) are virtually identical and stem from the same procedural scenario, we have consolidated their motions for summary judgment...
Views: 0
MEMORANDUM OF DECISION RE DISALLOWANCE OF IRS’ CLAIM AMENDMENT NATURE OF PROCEEDING The United States Department of Treasury, Internal Revenue Service (IRS), seeks to have this Bankruptcy Court approve an amendment to IRS’ Claim No. 220 in the amount of $281,764.36 applicable to first quarter 1986 for pre-petition federal excise taxes collected by the Debtor. The Trustee has objected to the a...
Views: 0
OPINION ON REMAND This matter is before the Court on remand from the District Court with instructions (1) to make a finding of fact on whether timber on which IRC § 631(a) treatment is sought was cut by or for The Brazier Company, also known as Brazier Timber Company, or whether it was cut by or for Brazier Forest Products, Inc., and (2) to determine the correct tax liability of Brazier Export, In...
Views: 0
*439MEMORANDUM OPINION This matter is before the court on the motion of Daniel R. Murray, Trustee of the Chicago, Missouri & Western Railway Company (“Trustee”) for summary judgment on his objection to a claim filed by Bancmidwest as special administrator of the estate of Roger Stahly (“Bancmid-west”) and disallowance of Bancmidwest’s claim. For the reasons stated herein, the court, after conside...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 14, 1990, an Involuntary Petition under Chapter 7 of the Bankruptcy Code was filed against the debtor Sauk Steel Company, Inc. (“Debtor”). On October 11, 1990 Debtor converted the case to one under Chapter 11, Title 11 U.S.C. Sauk Building Corporation has moved to modify the automatic stay under 11 U.S.C. § 362 so it can proceed to obta...
Views: 0
First Gibralter Bank (hereinafter “FGB”) filed a proof of a secured claim in the amount of $5,153,151, exclusive of interest, costs, expenses and attorneys’ fees, against the debtor in possession, Woodstone Limited Partnership (hereinafter “the debtor” or “Woodstone”). Woodstone moved to reduce or expunge the secured claim of FGB, or, in the alternative, to reduce or reclassify FGB’s secured cl...
Views: 1
DECISION ON MOTION AND CROSS MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSES In this voluntary Chapter 11 case, the debtor, Golden Distributors, Ltd. (“Golden”), has moved pursuant to 11 U.S.C. §§ 502 and 1122 and Bankruptcy Rules 3007 and 3013 for an order fixing the amount and priority of various benefit claims of former employees of Metropolitan Distribution Services, Inc. (“Metr...
Views: 1
SUPPLEMENTAL OPINION The instant proceeding requires us to decide the issue of whether a debtor-mortgagor, standing in the shoes of a bankruptcy trustee, pursuant to 11 U.S.C. §§ 522(h), 522(g)(1), and 544(a), may avoid a duly-recorded mortgage, which is not defective on its face, when the mortgage has not been acknowledged before an officer authorized to make such an acknowledgment. We h...
Views: 2
MEMORANDUM OPINION The Debtor was a mechanical sub-contractor. The Debtor wants the Court to determine the status of creditors who claim to have liens as a result of their work on various projects as the Debtor’s sub-contractors. The Debtor's assets include accounts receivable from the prime contractors on these projects. American National Bank holds a perfected security interest in all o...
Views: 4
DECISION ON MOTION FOR A PRELIMINARY INJUNCTION The Chapter 11 debtor, Cross County Square Associates, has moved for a preliminary injunction in an adversary proceeding for a permanent injunction with respect to a fence installed by the respondent between the two adjacent shopping centers operated by the debtor and the respondent. The debtor argues that the fence in question is a “spite fence” wh...
Views: 0
OPINION At issue is a seemingly-simple issue of interpretation of 11 U.S.C. § 326(a), which fixes the maximum compensation allowable to bankruptcy trustees pursuant to a prescribed formula. That issue is whether the phrase allowing computation of compensation “upon all moneys disbursed or turned over in the case by the trustee to parties in interest” includes sums paid by a trustee in ope...
Views: 1
MEMORANDUM OPINION This case comes before the Court on the Trustee’s objection to debtors’ claimed exemptions in their retirement plans. At issue are Mr. Enfield’s interest in The Employees’ Retirement System of Kansas City, Missouri and Ms. Enfield’s interest in the Civil Service Retirement System, Federal Employees Retirement System and Thrift Savings Plan. *518 FACTS ...
Views: 0
MEMORANDUM OPINION Vivian Johnson, Debtor, filed a petition under Chapter 13 of the Bankruptcy Code on March 11, 1991. The United States of America, on behalf of the Internal Revenue Service (IRS), filed a “Motion to Lift Automatic Stay to Set Off Tax Refund” on August 6, 1991. Debtor filed her response to the motion on September 23, 1991. The motion came on for hearing on September 23,19...
Views: 1
DECISION ON MOTION FOR PRELIMINARY INJUNCTION The debtor, Golden Distributors, Ltd. (“Golden”), seeks a preliminary injunction restraining the defendants, Auburn Merchandise Distributors, Inc. (“AMD”), and ten former employees of the debtor now employed by AMD from unfairly competing with the debtor and soliciting business from customers who formerly dealt with the debtor. The requested p...
Views: 2
OPINION After the death of their fourteen-year-old son, debtors Gale and Karen Rigdon filed a wrongful death action in Jackson County, Illinois, against David Slusher. The parties settled the matter, and On May 7, 1985, the court entered a “Final Settlement and Disbursement Order” approving the settlement. The order provided that Slusher would pay the debtors $142,000 in a structured settlement...
Views: 1
MEMORANDUM DECISION CAME ON for consideration the Motion of the Resolution Trust Corporation, as Conservator for Commonwealth Savings Association, to Strike Debtor’s Third Amended and Restated Disclosure Statement and Third Amended and Restated Plan of Reorganization and Motion to Strike Votes of Debtor, together with the Objections thereto by the Debtor. This is the court’s decision ther...
Views: 1
MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(I), which the Court may hear and determine. *1012 PROCEDURAL...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MOTION TO DISMISS This case is before the court on a motion to dismiss the debtor’s chapter 11 petition on the ground that the petitioning trust is not a “person” qualified to be a debtor under the federal Bankruptcy code. The motion for dismissal was filed by GECC Financial Corporation (“GECC”) on September 18, 1991. The debtor trust contends t...
Views: 0
DECISION ON ORDER PARTIALLY GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Before the court are motions for summary judgment filed by the plaintiff and the defendants. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This court may determine this adversary proceeding and ente...
Views: 0
MEMORANDUM OPINION The matter before the Court is the Motion to Alter or Amend submitted by Farm Credit Bank of St. Louis (“Farm Credit Bank”). The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2). Stephen Noel Dodge and Esther Marie Dodge (“Debtors”) filed a voluntary petition for relief under Chapter 7 of t...
Views: 1
MEMORANDUM OPINION AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 7. Introduction Plaintiff Kimberley Noblet Sanderford seeks damages and other relief from Reproduction Systems, Inc. and its Chief Executive Officer, Robert Cash, based upon alleged sexual harassment in the work place. Count I seeks relief under Title VII and the corresponding Missouri statute. Count II seeks damages for emot...
Views: 4
MEMORANDUM OPINION The matter before the Court is the complaint of Mary Alice Peterson to determine the dischargeability of certain debts owed to her by debtor Michael Fowler Peterson, arising out of the dissolution of their marriage. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may enter final orders pursuant to 28 U.S.C. § 157(b)(2)(I). For the reasons stat...
Views: 1
OPINION Before the Court for consideration is the Objection to Claim of Exempt Property filed by Builders Supply Company. The issue before the Court is whether or not the objection is time-barred due to the failure of Builders Supply Company to file said objection timely pursuant to Bankruptcy Rules 9006(b)(1) and (b)(3) and 4003(b). The parties have submitted this issue to the Court upon memoran...
Views: 1
OPINION AmSouth Mortgage Company, Inc. has filed an Objection to Confirmation of the debtor’s Chapter 11 Plan of Reorganization alleging violation of 11 U.S.C. Section 1129 requirements for confirmation and the parties have agreed to submit the matter to the Court for determination. Having reviewed the pleadings, the memoranda submitted by the parties, and legal authorities, the Court con...
Views: 4
The plaintiff, Bank of India (hereinafter “the Bank” or “Plaintiff”) moves for summary judgment pursuant to Fed.R.Civ.P. 56, made applicable to this proceeding by Bankruptcy Rule 7056, denying the debtor Moti Sapru (hereinafter “the Debtor”) his discharge pursuant to 11 U.S.C. § 727(a)(4)(A). The Debtor cross-moves for summary judgment to dismiss the Plaintiffs complaint for failure to state a ...
Views: 2
MEMORANDUM DECISION AND ORDER RE: MOTION TO DISGORGE RETAINER On August 29, 1991, the Office of the United States Trustee (“OUST”) filed its Motion to Disgorge Retainer, seeking an order requiring the Debtor’s attorney, Ryther Barbin (“Applicant”) to disgorge his retainer received for this bankruptcy case. Applicant filed a Memorandum Objecting and in Opposition to Motion to Disgorge Reta...
Views: 1
OPINION IN SUPPORT OF CONTEMPT ORDER The Trustee, Richard P. Salem, moves for an order declaring the Debtor, Joseph T. Duggan, Jr., to be in contempt of the court’s order of August 7, 1991, and for appropriate sanctions. That order required the Debtor to surrender to the Trustee, by August 29, 1991, numerous items of property which had been listed on the Debtor’s schedules, including equi...
Views: 1
OPINION I. Introduction Presently before the court is the motion of National Union Fire Insurance Company (“National Union”) for a determination as to whether this adversary proceeding is core or non-core. For the reasons set forth below, this court concludes that this matter is a core proceeding. II. Procedural History The instant motion arises in the context of a ...
Views: 1
OPINION I. Introduction Presently before the court is the motion of Helen McAteer (“Mrs. McAteer”), a debtor herein, to declare excess insurance proceeds property of the estate and the cross motion of First Fidelity Bank (“FFB”) for reconsideration of its claim. For the reasons set forth below, this court has determined that the excess insurance policy proceeds are property of th...
Views: 1
OPINION Background Wheeling-Pittsburgh Steel Corporation, Et Al, (“Debtor”) filed its voluntary petition for relief under Chapter 11 on April 16, 1985. In accordance with Bankruptcy Rule 3003(c)(3), this Court fixed the last day for filing proofs of claim as August 26, 1986 (the “Bar Date”). On April 25, 1990, HCC Investments, Inc. (“HCC”) filed a proof of claim (the “Claim”) in an unliquidated ...
Views: 0
OPINION 1 Titusville Country Club, a Pennsylvania Non-Profit Corporation (“Debtor”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on November 16, 1990. Debtor’s assets consist of a golf course, club house, pro shop, bar, restaurant, and pool together with related equipment and supplies (“Assets”). The Debtor negotiated the sale of its Assets to ...
Views: 1
REASONS FOR DECISION This matter came on for a hearing on June 20, 1991, on the Motion of Baxter Healthcare Corporation to Dismiss or Convert. Evidence was adduced and the matter was taken under advisement. For reasons which follow, this case will be dismissed. This is a Core Proceeding pursuant to 28 U.S.C. Section 157(b)(2) inasmuch as it involves the administration of the debtor’s esta...
Views: 0
REASONS FOR DECISION These matters come before the Court for a determination of the dischargeability of a debt. This is a Core Proceeding pursuant to 28 U.S.C. Section 157(b)(2)(I) inasmuch as it involves the determination of the dis-chargeability of particular debts. For the following reasons, there will be judgment for plaintiffs against the individual defendant, but rejecting the deman...
Views: 1
OPINION AND ORDER ON OBJECTION TO CONFIRMATION This matter is before the Court on an objection to an amended plan of reorganization (“Plan”) proposed by Chapter 11 debt- or, Westpark Village Apartments of Douglas County, Ltd. (“Westpark”). The objection was filed on behalf of seven limited partners (“Limited Partners”). The Court has jurisdiction in this matter under 28 U.S.C. § 1334(b) and t...
Views: 0
OPINION Facts Dennis L. Nelson and his current wife, Jeanne A. Nelson (the “Debtors”) filed a voluntary petition under Chapter 7 of the Bankruptcy Code on November 5, 1990. Mary Jo Nelson is Dennis L. Nelson’s former wife who was divorced from Dennis L. Nelson on August 18, 1980. Prior to their divorce, Dennis and Mary Jo Nelson were owners by the entireties of a residence located at 7262 Rupert...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court on October 23, 1991, upon the Complaint of MAXIMUS INTERNATIONAL TRADING CORPORATION (“MAXI-MUS”), against MICHAEL ARGUEZ and SONIA ARGUEZ (the “DEBTORS”), to determine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6), and MAXIMUS’ Motion' For Summary Judgment against the DEBTORS ...
Views: 1
OPINION AND ORDER OF COMPLAINT TO AVOID A PREFERENCE I.Procedural Background This matter is before the Court on a complaint filed by debtor Wendy’s Food Systems, Inc. (“WFS”) seeking to recover from The State of Ohio (“Ohio”) certain payments alleged to be preferential transfers. The parties agreed to submit the dispute for decision upon stipulated facts, exhibits and legal memoranda. Certa...
Views: 0
MEMORANDUM DECISION AND ORDER THIS CAUSE came on for trial before the Court on November 20, 1991. The Court has heard the testimony presented, has examined the documents submitted in evidence, has observed the candor and demeanor of the witnesses, and has considered the argument presented by counsel for the parties. The Court makes the findings of fact and conclusions of law which are hereinafter...
Views: 0
FINDINGS OF FACTS AND CONCLUSIONS OF LAW This case came before the Court upon the debtor’s objection to claim seven filed by the Internal Revenue Service (“IRS”). A hearing was held on August 20, 1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact Debtor filed a voluntary petition under chapter 13 on December 27, ...
Views: 1
OPINION AND ORDER ON MOTIONS SEEKING RELIEF FROM STAY OR FOR USE OF RENTS These matters are before the Court on a motion of Federal Home Loan Mortgage Corporation (“Freddie Mac”), seeking relief from the automatic stay, and on a motion of the debtor, Rollingwood Apartments Ltd. (“Rollingwood”), seeking authorization to use cash collateral. Because resolution of these matters depended upon...
Views: 1
OPINION AND ORDER ON REQUEST FOR CONFIRMATION OF CHAPTER 11 PLAN I. Preliminary Matters This matter is before the Court on the requested confirmation of an amended plan of reorganization (“Plan”) proposed by Chapter 11 debtor, Adkisson Village Apartments of Bradley County, Ltd. (“Adkisson Village”). No objections were filed to confirmation. The Court has an independent duty to find that all...
Views: 1
OPINION Background Richard W. Roeder, Esq. (“Trustee”) seeks a determination that two Pennsylvania liquor licenses, License Nos. R-20434 and R-20054 (the “Licenses”) held by Skyline Properties, Inc., doing business as Hunter’s Station (“Debtor”) are property of the bankruptcy estate and an order requiring the Pennsylvania Liquor Control Board (“Board”) to renew the Licenses. By Order dated Janua...
Views: 0
OPINION AND ORDER ON COMPLAINT TO DETERMINE VALIDITY AND EXTENT OF LIENS This matter is before the Court upon a complaint filed by William and Laura Kirk, joint debtors in a Chapter 7 case pending before this Court. The complaint essentially seeks to avoid two judgment liens against the debtors’ residential real property. The asserted basis for the avoidance is *915 that the ...
Views: 0
OPINION AND AMENDED ORDER GRANTING MOTION OF COLUMBUS TEACHERS FEDERAL CREDIT UNION FOR RELIEF FROM THE AUTOMATIC STAY AND FOR SET-OFF I. Preliminary Considerations And Jurisdictional Statement This matter is before the Court upon the motion of Columbus Teachers Federal Credit Union (“Credit Union”) seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a) to proceed with its sta...
Views: 0
133 B.R. 837 (1991) In re AL COPELAND ENTERPRISES, INC., Debtor. Bankruptcy No. 91-12575-FM. United States Bankruptcy Court, W.D. Texas, Austin Division. October 11, 1991. Mark Browning, Asst. Atty. Gen., Bankruptcy Section, Atty. Gen. of State of Tex., Austin, Tex. R. Glen Ayers, Jr., Cox & Smith, Inc., San Antonio, Tex., for Committee of Unsecured Creditors. Adrian M. Overstreet, Overstreet...
Views: 1
OPINION AND ORDER ON MOTIONS FOR APPOINTMENT OF . A TRUSTEE, REMOVAL OF GENERAL PARTNER OR OTHER INSTRUCTION FROM THE COURT AND MOTIONS TO REMOVE COUNSEL These matters are before the Court on legal issues raised by certain pleadings filed in each of the above captioned cases. Because of assertions of attorney-client privilege raised by the various pleadings, the memoranda of the parties a...
Views: 0
MEMORANDUM OPINION AND ORDER ON DEBTOR’S OBJECTION TO THE CLAIM OF THE INTERNAL REVENUE SERVICE This above-styled core proceeding1 came on for hearing August 20, 1991, on the debtor’s objection under F.R.B.P. 3007 to the proof of claim filed by the United States of America on behalf of the Internal Revenue Service (hereinafter “IRS”). The following shall constitute findings of fact and conclusions...
Views: 0
MEMORANDUM OF OPINION ON DISGORGEMENT OF ATTORNEY FEES ISSUE Floyd Holder, Trustee-in-Bankruptcy (Trustee) in the James R. Bennett and wife, Sandra Annette Bennett (Debtors) case, seeks disgorgement of attorney fees from Debtors’ attorney, Thomas Paty Stamps (Stamps), in the amount of $20,653.17 pur *376 suant to 11 U.S.C. § 329(b)(1). Debtors and Stamps object to Truste...
Views: 1
MEMORANDUM OPINION The Court held a hearing on August 27, 1991 and September 5, 1991 upon the Joint Motion for Payment of Chapter 11 Administrative Expenses filed by Franklin Federal BanCorp and Travis County, Texas, which seeks payment of ad valorem taxes assessed after the filing of the Chapter 11 proceeding upon property ultimately foreclosed upon by Franklin and which is opposed by bo...
Views: 0
MEMORANDUM OPINION ON (1) PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND INCORPORATED MEMORANDUM OF AUTHORITIES; AND (2) MOTION BY KIMBERLY L. ALLEN, TRUSTEE, FOR SUMMARY JUDGMENT On August 6, 1991, the Court heard concurrently the Plaintiffs’ Motion for Summary Judgment and Incorporated Memo *820 randum of Authorities (“Plaintiffs’s Motion”) filed June 24, 1991, and the Motion ...
Views: 1
DECISION This matter concerns a motion made by the Debtor to vacate the order of this Court dated December 27, 1990 transferring venue of this case to the District of New Jersey pursuant to 28 U.S.C. §§ 1408, 1412 and Federal Rules of Bankruptcy Procedure 1 1014(a). After several hearings and for the reasons stated below, the motion is denied. *563 FACTS Standard Tank Cleaning Corp., th...
Views: 1
MEMORANDUM OPINION ON DEBTOR’S OBJECTION TO PRIORITY AND SECURED CLAIM OF THE INTERNAL REVENUE SERVICE A hearing was held on July 2, 1991 on the Objection to B. Thomas Henderson, Debtor, to Priority and Secured Claim of the Internal Revenue Service (“IRS”). This Court has jurisdiction of this case pursuant to 28 U.S.C. §§ 1334(b) and (d), 28 U.S.C. §§ 157(a) and (b)(1) and the standi...
Views: 0
OPINION Paul T. Earnhart and Josephine L. Earn-hart (“debtors”) filed a chapter 7 bankruptcy petition on April 16, 1991. Debtors listed as exempt their interests in three separate retirement plans pursuant to Ill.Rev. Stat. ch. 110, 1112-1006(a).1 The combined value of the three plans is approximately $72,610.00. Both the Trustee and First National Bank of Highland (“Bank”) filed objections to deb...
Views: 0
134 B.R. 248 (1991) In re EAGLE-PICHER INDUSTRIES, INC., et al., Debtors. Bankruptcy No. 1-91-00100. United States Bankruptcy Court, S.D. Ohio, W.D. November 25, 1991. *249 James A. Ralston, Gen. Counsel, Cincinnati, Ohio, Stephen Karotkin, Weil, Gotshal & Manges, New York City, Edmund J. Adams, Frost & Jacobs, Cincinnati, Ohio, for debtors. Neal J. Weill, Office of the U.S. Trustee, Cinc...
Views: 2
DECISION ON COMPLAINT OBJECTING TO DEBTOR’S DISCHARGE Aid Auto Stores, Inc. (“Plaintiff” or “Aid”) commenced this adversary proceeding on July 18, 1990, against Anthony Pim-pinella (“Debtor”) in an effort to bar his discharge pursuant to 11 U.S.C. § 727(a)(2) and (3). Subsequently, on December 10, 1990, an amended complaint was filed, and the Debtor interposed a second amended answer cont...
Views: 3
MEMORANDUM OPINION This adversary proceeding comes before the Court on the complaint of State Farm Mutual Automobile Insurance Company (“State Farm”), pursuant to 11 U.S.C. § 523(a)(6) and (a)(9) for a determination of the dischargeability of a certain debt owed it by the Debtor, Edward J. Kupinsky (“Debtor”). For the reasons set forth below, the Court having considered all the pleadings ...
Views: 1
ORDER The matter is before the court to consider confirmation of Debtor Arlene Molitor’s Chapter 13 plan as modified. The Debtor filed a Chapter 13 petition on June 27,1991, in response to the foreclosure of the contract for deed on May 9, 1991, by Ronald and Kay Dubisar (Dubisar). The Debtor’s plan basically provided that the secured creditors will receive their value of collateral, whil...
Views: 0
OPINION We herein consider, at some length, whether a general partner, vis-a-vis his other partners, “acts in a fiduciary capacity” within the meaning of those terms in 11 U.S.C. § 523(a)(4) of the Bankruptcy Code under Pennsylvania law. We answer the question in the negative, although we do conclude that the debt in issue may be, in part, non-dischargeable on the grounds of embezzlement,...
Views: 3
MEMORANDUM OPINION This matter came before the Court for trial on the merits. Plaintiff seeks to have a debt owed to her by the defendant determined to be nondischargeable. Having considered the evidence, arguments of counsel, and the applicable law, the Court finds that the debt is nondischargeable. FACTS After 17 years of marriage, Mary Beth Goss (Mrs. Goss) and Earl Warren Goss (Mr. Goss) were ...
Views: 0
MEMORANDUM OPINION The following are the Court’s Findings of Fact and Conclusions of Law under Bankruptcy Rule 7052, with respect to the October 25, 1991 hearing on the motion of Dan Louis Kelly and Brenda Gail Kelly (“Debtors”) to avoid the lien of Norwest Financial (“Norwest”). This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(b)(2)(I) and (K). Backgr...
Views: 2
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT TRUSTEE’S MOTION FOR SUMMARY JUDGMENT This matter came on for hearing, after proper notice, upon the Motion of Defen *890 dant M. Joseph Allman, Trustee For the Debtor, Heritage Village Church, Inc. a/k/a PTL For Summary Judgment (“Trustee’s Motion”) seeking a determination from the Court that, as a matter of law, the Plaintiff ...
Views: 0
MEMORANDUM OPINION This case comes before the Court on Debtor’s objection to Bestemps’ priority claim under Section 507(a)(3) in the amount of $10,967.65. FACTS Claimant Bestemps is a firm which provides temporary employees to other organizations to meet temporary needs. In this case Bestemps contracted with Debtor to provide such temporary workers. Debtor kept track of the hours worked by ...
Views: 1
SAAB Cars U.S.A., Inc. (“SAAB”), a franchisor of the Chapter 11 debtor, has moved under Federal Rules of Civil Procedure 55(c) and 60(b) for an amendment of this court’s previous order under 11 U.S.C. § 365, which authorized the debtor to assume and assign its SAAB and Volvo automobile dealer franchise agreements to a third party. The basis for SAAB’s objection is that the City of Yonkers, New ...
Views: 4
OPINION AND ORDER GRANTING MOTION TO SEQUESTER FUNDS This matter is before the court upon motion of the Fifth Third Bank of Western Ohio to sequester funds and Debtors’ opposition thereto. Upon consideration thereof, the court finds that said motion is well taken and should be granted and that Fifth Third Bank of Western Ohio is entitled to the rental funds collected by Debtor on and afte...
Views: 1
OPINION AND ORDER DENYING APPLICATION FOR AUTHORITY TO RETAIN ATTORNEY This matter is before the court upon Debtor’s application for authority to retain attorney to which the United States trustee has filed comments. Upon consideration thereof, the court finds that said application may not be granted. FACTS On March 28, 1991, Debtor filed its voluntary petition under chapter 11 ...
Views: 1
OPINION AND ORDER DETERMINING DEBT TO BE DISCHARGED This matter came on for trial upon plaintiff’s complaint to determine dischargeability of specific debt. Upon consideration of the evidence adduced at trial and the oral arguments of the parties, the court finds that the debt owed plaintiff from defendant should be discharged. FACTS On May 1, 1989, Debtor/defendant filed a joint voluntary ...
Views: 0
OPINION AND ORDER EXCEPTING ' DEBT FROM DISCHARGE This matter is before the court upon plaintiff’s brief in support of complaint to except a debt due it from discharge pursuant to 11 U.S.C. § 523(a)(4) and debtor Julie Rico’s memorandum in opposition thereto. Upon consideration of the record herein, the court finds that the debt due plaintiff should be excepted from discharge. FACTS On Octo...
Views: 0
OPINION A. INTRODUCTION Factually, the instant proceeding presents, in the context of home improvement financing, a classic example of a creditor practice, usually arising in motor vehicle financing, which is colorfully referred *135 to as “dragging the body.” Legally, this matter presents a complex interplay of state and federal law both as to liability and as to the ap...
Views: 2
MEMORANDUM OPINION The Debtor, Forty-Eight Insulations, Inc., filed a motion asking this Court to approve a settlement agreement with several of its insurers. Foster Wheeler Corporation (“FWC”) filed a motion to dismiss the Debtor’s motion. For the reasons discussed below, FWC's motion to dismiss is granted and Forty-Eight’s motion is denied. BACKGROUND Forty-Eight was a manufac...
Views: 1
OPINION AND ORDER DENYING MOTION FOR TRANSFER OF VENUE AND CONSOLIDATING CHAPTER 11 CASE WITH INVOLUNTARY PETITION This matter came on for hearing upon Weatherly Frozen Food Group’s, motion to dismiss involuntary petition, amended to be styled as motion for transfer of venue and for consolidation, to which the petitioning creditors have responded. Upon consideration of the evidence adduced at t...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW On October 8, 1991, the Trustees Under the Will and of the Estate of James Campbell, Deceased (“Campbell Estate”), filed a Motion to Compel Payment of Additional Post-Petition Obligations of Debtor Under Unexpired Lease regarding certain premises being leased by Campbell Estate to Pacific Sea Farms, Inc. A hearing was held on October 23, 1991. James K. Me...
Views: 1
OPINION AND ORDER SUSTAINING OBJECTION TO CONFIRMATION OF PLAN AND GRANTING DEBTORS LEAVE TO CONVERT OR DISMISS This matter is before the court upon objections of United States of America, on behalf of the Farmers Home Administration and the trustee to confirmation of Debtors’ chapter 13 plan. Upon consideration thereof, the court finds that said objections are well taken and that Debtors shoul...
Views: 1
ORDER RE: TRUSTEE’S MOTION FOR APPROVAL OF SETTLEMENT This Chapter 13 case is before the Court under the following circumstances: *259 Debtors Richard and Linda Wirmel filed a voluntary Chapter 7 petition on June 6, 1991. Listed on their Schedule B-2 (Personal Property) was a contingent and unliq-uidated claim consisting of a civil rights violation lawsuit brought by Richard...
Views: 0
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEBTOR’S MOTION FOR CONTEMPT AND FOR SANCTIONS AND TO SET ASIDE SHERIFF’S SALE OF REAL ESTATE This matter came before this Court on Debtor’s Motion For Contempt and For Sanctions and To Set Aside Sheriffs Sale of Real Estate (Doc. 27). Star Bank, N.A., Cincinnati (“Star Bank”) filed its Memorandum in Opposition (Doc. 28) and Debtor filed her ...
Views: 1
MEMORANDUM OPINION Before this Court is a complaint filed by Union Bank of the Middle East, Ltd. (“Union Bank”) and Ron Cerino & Enterprise Management, Inc. (“Enterprise”) seeking denial of the discharge of Nasser Ali Far-ouki (the “Debtor”) pursuant to 11 U.S.C. § 727. Union Bank and Enterprise (collectively, the “Plaintiffs”) oppose the Debtor’s discharge on the following four grounds: ...
Views: 1
DECISION ON ORDER GRANTING MOTION FOR EXTENSION OF TIME IN WHICH TO FILE COMPLAINT OBJECTING TO DISCHARGE OF DEBTOR OR TO DISCHARGEABILITY OF DEBT This issue is before the court pursuant to a Motion For Extension Of Time In Which To File Complaint Objecting To Discharge Of Debtor Or To Dischargeability Of Debt (Doc. 23-1) and the debtor’s Response To The Motion For Extension Of Time In Which To...
Views: 1
MEMORANDUM OPINION Before the Court is Local Union 1397 of the United Steelworkers of America’s (“debtor”) objection to claims for severance pay submitted by Darlene McIntosh, Linda Barr, and Cheryl Bacco (“claimants”). Claimants contend that office secretaries employed by debtor were entitled to severance pay upon termination of their employment, pursuant to an amendment of debt- or’s by-laws whi...
Views: 0
DECISION ON OBJECTION TO CLAIM OF NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND AND MOTION FOR ORDER COMPELLING PRODUCTION OF DOCUMENTS The debtor in this voluntary Chapter 11 case, Carmelo Bambace, Inc. (“Bambace”), objects to an Amended Proof of Claim filed by the New York State Teamsters Conference Pension and Retirement Fund (“Pension Fund”) because the amendment rel...
Views: 1
MEMORANDUM OPINION Plaintiff National Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”) seeks a determination that the debt owed to it by debtor/defendant Glenn A. Main, III (“debtor”) is not dischargea-ble. It claims that it issued a bond guaranteeing debtor’s financial obligations under a promissory note on the basis of a written financial statement executed and subm...
Views: 2
FINDINGS OF FACT AND . CONCLUSIONS OF LAW The United States of America’s Motion to Strike Debtors’ Objection to Claim of the Internal Revenue Service having come on for hearing on June 24,1991, and the Court having considered the pleadings, relevant documents filed in the proceeding, evidence, the applicable law, and argument of counsel does hereby enter the following Findings of Fact and Concl...
Views: 0
MEMORANDUM OF DECISION On June 10, 1991, plaintiffs David and Melissa Mincey filed their COMPLAINT FOR NON-DISCHARGEABILITY OF DEBT against Thomas Lee Frederick, the debtor herein. On August 8, 1991, the court held a pre-trial conference on the complaint at which time the plaintiffs demanded a jury trial. On August 13, 1991, the court took the plaintiffs’ demand for a jury trial under advisement. ...
Views: 0
*982 MEMORANDUM OPINION This matter comes before the Court on cross-Motions for Partial Summary Judgment regarding the Trustee’s Objections and Supplemental Objections to the Proofs of Claim and Requests for Payment of Administrative Expenses of LaSalle National Bank as Trustee under Trust No. 50630 and as Trustee under Trust No. 10-34732-09. The Court, having reviewed the record...
Views: 3
MEMORANDUM OPINION DENYING MOTIONS FOR RELIEF FROM STAY In this single real estate asset case, the pending motions for relief from stay raise the question whether Debtor’s proposed plan of reorganization violates the absolute priority rule as a matter of law. The un-dersecured holder of a second, wrap-around deed of trust on Debtor’s apartment project asserts that there is no new value ex...
Views: 1
MEMORANDUM OF DECISION On February 11, 1991, Glen Edgar Roberts and Martha June Roberts, the debtors herein, filed their APPLICATION FOR DISCHARGE UPON COMPLETION OF CHAPTER 12 PLAN. On March 6, 1991, Farm Credit Services of Mid-America, ACA (“Farm Credit”) filed its OBJECTION TO THE DEBTORS’ APPLICATION FOR DISCHARGE. On March 20, 1991, the debtors filed their MOTION TO STRIKE OBJECTION TO DIS...
Views: 0
MEMORANDUM OPINION The matter before the court is the Motion for Reconsideration of Order of Court *755 dated February 25, 1991, which denied interim compensation for certain services rendered by paralegals to or on behalf of the Debtor-in-Possession (hereafter, Debt- or). On December 12, 1990, a voluntary Chapter 11 petition was filed by Debtor. Subsequently, Kirkpatrick and...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTORS’ OBJECTIONS TO THE IRS PROOF OF CLAIM Following are the Court’s original, amended and supplemental findings of fact *795 and conclusions of law with respect to the trial on January 18, 1991, the argument on January 25, 1991, and the motion of William Harold Collum, a/k/a Harold Collum Company, and Mattie Merelyne Collum (“Deb...
Views: 0
MEMORANDUM OPINION AND ORDER This adversary proceeding was submitted for decision on stipulated facts and briefs. Upon consideration thereof, the Court determines, concludes, and orders as follows. FINDINGS OF FACT The parties stipulate, and the Court finds, as follows: “... [That] [o]n January 15, 1990, the Defendant, William Lee Turner (“Turner”), entered into a construct...
Views: 1
MEMORANDUM Currently before the Court is Corpus Christi Hotel Partners, Ltd.’s, Motion to Determine the Extent of Cash Collateral. Prior to filing Chapter 11, Corpus Christi Hotel Partners, Ltd., owned and operated the Embassy Suites Hotel through its management company, Motor Hotel Management, Inc. (“MHM”). Franklin Federal Bancorp, the beneficial holder of a note and deed of trust cover...
Views: 0
MEMORANDUM OPINION This matter is before the court on the motion of Kress Road Partnership (“Kress Road” or “Partnership”) for reconsideration of the court’s Memorandum Opinion and Order dated September 25, 1991, 134 B.R. 301, (hereinafter referred to as “September Opinion and Order”) in which the court granted the defendant’s, First Federal Savings & Loan Association of Elgin’s (“First F...
Views: 1
MEMORANDUM OPINION Plaintiff initiated this adversary action, seeking the Court’s determination that a debt is owed to her by Debtor by reason of conversion, and that such debt is nondis-chargeable in Debtor’s bankruptcy. The matter now before the Court is Debtor’s Motion for Judgment on the Pleadings, pursuant to Fed.R.Bankr.P. 7012(c). Debt- *368 or is asking the Court to apply the principl...
Views: 0
OPINION AND ORDER This case is before the Court upon the motion of Quadrel Leasing de Puerto Rico, Inc., Quadrel Leasing Corporation and Qua-drel Brothers Trucking Co. (hereinafter referred to as “Quadrel”) to lift the automatic stay pursuant to 11 U.S.C. § 362 (1990). At the hearing held on March 18, 1991, the Court made findings of fact and granted the parties thirty days to file briefs...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard on a petition for turnover order and supplemental relief filed by Theodore R. Price and Ollie P. Price (the “Debtors”), against the United States of America through its Internal Revenue Service (the “IRS”). The ultimate issue is whether the delay of the IRS in processing the Debtors’ tax refund claims for two post-petition tax years constitute...
Views: 0
ORDER Defendant, Toledo Scale Corporation, seeks a pretrial ruling on the issue of whether the remedies of 11 U.S.C. § 362(h) for willful violations of the automatic stay of § 362(a) are available to plaintiff, a corporate debtor. Plaintiff, Georgia Scale Company, the Chapter 11 debtor-in-possession, brought this adversary proceeding alleging defendant violated the automatic stay of § 362...
Views: 0
OPINION Before us is a controversy resulting from the filing of a Complaint (“the Complaint”) by a creditor, DORIS APPLEBAUM, ESQUIRE (“the Plaintiff”), appearing pro se, objecting to the discharge of THEODORE H. HENDERSON, JR. (“the Debtor”) and the dischargeability of the Debtor’s indebtedness to her. In deciding this matter, we concentrate on whether the debts are non-discha...
Views: 15
MEMORANDUM OPINION This matter is before the Court on a Motion to Dismiss pursuant to 11 U.S.C. § 109(g)(1). The Motion was filed by Sal-yersville National Bank (“the Bank”), a creditor of the debtors, on September 16, 1991, and was heard on September 24, 1991. The debtors and the Bank were allotted briefing time, and both have filed briefs. The Bank contends that the debtors’ case should be ...
Views: 1
MEMORANDUM OPINION AND ORDER I. Introduction Continental Airlines, Inc. is in default on an obligation due First City, Texas-Houston, N.A., Trustee, and Roark Ashie, Mortgage Trustee (collectively First City) in connection with a bond issue for the construction of a Flight Kitchen at Houston Intercontinental Airport on land leased from the City of Houston. First City seeks re...
Views: 1
MEMORANDUM OPINION AND ORDER This matter concerns certain requests styled, “Motion for Abstention from Determination of Claim” filed on behalf of the Claimant, Richard Priest. This is a core proceeding pursuant to Section 157(b)(2)(A) and (B) of Title 28 of the United States Code. The Court has jurisdiction over the parties and this matter pursuant to 28 U.S.C. §§ 151,157 and 1334, a...
Views: 1
OPINION This is a suit between a bankruptcy estate and a lessee in possession of estate real estate. The debtor, as estate representative, seeks through its “strong-arm” powers to avoid the lease, and the option to purchase granted thereunder, for lack of recording. Webber Lumber & Supply Co., Inc. (the “Debtor”), moves for summary *77 judgment against the lessee, Trucklease ...
Views: 0
MEMORANDUM DECISION This matter comes before the court on debtors’ objection to proof of claim submitted by the Internal Revenue Service (the “IRS” or “government”) and involves the extent to which a federal tax lien is enforceable against a Chapter 13 debtor’s interest in a spendthrift trust. Debtors appeared by and through Dan Nelson, Esq., of the Law Office of Max Cline, Stockton, ...
Views: 3
MEMORANDUM OPINION Chicago, Title and Trust Company (“CT & T” or “Trustee”), has moved for summary judgment on count three 1 of the First Amended Complaint and Jury Demand (“Complaint”) of the Plaintiff-Debt- or, Kress Road Partnership (“Kress Road” or “Partnership”). For the reasons set forth herein, the court after considering the pleadings, exhibits, affidavits and mem-orand...
Views: 4
MEMORANDUM OPINION The Defendant, First Federal Savings & Loan Association of Elgin 1 (“First Federal”), has moved to dismiss counts one, four, five and six of the First Amended Complaint and Jury Demand (“Complaint”) of the Plaintiff-Debtor Kress Road Partner *303 ship (“Kress Road” or “Partnership”). 2 Three grounds are set forth in support of First Fe...
Views: 1
OPINION I. Introduction Before the court is the motion of First Republic Thrift & Loan of San Diego, a secured creditor, seeking relief from the automatic stay to foreclose on the debtor’s principal asset, a condominium unit in San Francisco, California. First Republic is un-dersecured and asserts that any plan proposed by the debtor, Triple R Holdings, L.P., would violate the absolu...
Views: 1
On September 17, 1991, the Court heard and took under advisement Cedar Security Bank’s motion to obtain relief from the automatic stay in order to foreclose on its collateral, which is real property located in South Dakota, used by these Chapter 13 debtors as their residence and business. Cedar Security Bank (hereinafter “Bank”), a secured creditor located in Nebraska, is secured by a perfected...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court on October 2, 1991, upon the debtor’s Objection To The Claim of Pineta Company, and the Court having listened to the argument of counsel, having reviewed the evidence presented, as well as the post-hearing mem-oranda of law submitted by the parties, hereby makes the following findings of fact and conclusions of law: ...
Views: 0
OPINION At a hearing before this Court on November 12, 1991, I issued an oral bench opinion granting the motion of the Debtor, Jeanette C. Miel, for turnover of tax refunds held by the Internal Revenue Service (hereinafter, “IRS”). The IRS retained the Debtor’s 1990 tax refund, offsetting it against a 1986 income tax deficiency of the Debtor and of her, now, ex-husband. In the same opinion, I d...
Views: 0
DECISION REGARDING THE INTERIM FEE APPLICATIONS OF ACCOUNTANT TO THE TRUSTEE, COUNSEL TO THE TRUSTEE, CHAPTER 7 TRUSTEE, INTERIM TRUSTEE, COUNSEL TO THE INTERIM TRUSTEE, ACCOUNTANT TO THE INTERIM TRUSTEE, AND SPECIAL COUNSEL TO THE TRUSTEE This matter is before the Court on applications for interim compensation pursuant to § 331 of the Bankruptcy Code. Both the United States Trustee and t...
Views: 1
MEMORANDUM DECISION This matter comes before the court on George, Clo Ann, and James Groth’s (the “Groths”) complaint to have a debt owed to them by Gregory Masegian (“Masegian”) declared nondischargeable as a debt for property obtained by use of a false financial statement under Bankruptcy Code section 523(a)(2)(B). BACKGROUND The Groths were the founders and owners of D & G Co...
Views: 1
ORDER DENYING CONFIRMATION I. Background Bill'and Peggy Beard (“Debtors”) filed a petition under Chapter 12 of the Bankruptcy Code on May 21, 1991. This matter is before the Court upon an objection to confirmation of their Chapter 12 Plan of Reorganization (“Plan”). The standing Chapter 12 trustee (“Trustee”) objects to confirmation as certain terms of the Plan propose direct...
Views: 0
MEMORANDUM OPINION The United States of America, on behalf of the Internal Revenue Service (“IRS”), has filed motions to modify the plans confirmed in each of these Chapter 13 cases. Because the three motions raise virtually identical issues which will reoccur frequently in this district, the standing Chapter 13 Trustee requested en banc determination of the motions by the three...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO DISMISS BY SUNSHINE STATE MORTGAGE TRUST NO. 86-225 THIS CASE came before this Court for hearing on September 19, 1991, upon the Motion to Dismiss by Sunshine State Mortgage Trust No. 86-225 (“Motion to Dismiss Case”) pursuant to 11 U.S.C. § 109(g)(2). Upon the evidence presented, the Court makes the following findings of fact and concl...
Views: 0
MEMORANDUM OPINION The matters presently before this Court are the fee petitions for final compensation of Buchanan Ingersoll, P.C., including the request for $2,700,000.00 in bonus compensation and the objections raised by the Reorganized Debtor. Buchanan Ingersoll (hereinafter “BI”) was hired by the Debtor and began work on the above-captioned case in February 1988. The initial rev...
Views: 0
MEMORANDUM OPINION ON MOTION OF PL TRUSTEE TO ALLOW CLAIMS (POLICY YEAR 1979-80) {Current Builders, Inc. and Fireman’s Fund Insurance Company) The PL (Products Liability) Trustee has moved to allow the joint claim of Fireman’s Fund Insurance Company and Current Builders, Inc. (collectively, “Fireman’s Fund”) in the amount of $115,888.41, being the principal debt found due in judgm...
Views: 1
DECISION ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINTS UNDER FED.R.CIV.P. 12(b)(6) AND FED.R.BANKR.P. 7012(b) This is the second of defendants’ motions to dismiss complaints that seek a sale of real property pursuant to section 363(h) of the Bankruptcy Code (Title 11 U.S.C.). The court grants the defendants’ motion and dismisses the complaint. Facts and Prior Proceedings ...
Views: 6
ORDER In this adversary proceeding, the Plaintiff, former spouse of the Debtor, Rolland B. Murdock, seeks marshaling of assets to satisfy claims of secured lienholders pursuant to Mont.Code Ann. 31-2-105. After the answer by the Chapter 7 Trustee, who asserted an affirmative defense for marshaling in his favor, and Defendant Security State Bank of Harlem (Bank), the matter was set for tri...
Views: 0
*494 MEMORANDUM OF DECISION ON BANKRUPTCY RULE 9019(a) The single issue 1 before this Court is whether or not we should approve a consulting and settlement agreement proposed by Debtor and Joseph, a Drexel insider. If a settlement agreement is fair and equitable and in a debtor’s best interest, and those of its creditors’, it will be approved. Approval of a compromise ...
Views: 2
OPINION Before JONES, VOLINN and ASHLAND, Bankruptcy Judges. The bankruptcy court granted summary judgment for the bankruptcy trustee in an adversary suit asserting strong-arm powers, holding that a secured party had failed to perfect its security interest in a note and deed of trust by failing to take possession of the instruments. The secured party appeals. We reverse and remand. ...
Views: 1
MEMORANDUM OPINION Saffron, Inc., Debtor, Plaintiff, filed its “Complaint to Set Aside Preference, for Declaratory Judgment and Seeking Temporary Retraining Order, Preliminary and Permanent Injunction Prohibiting Interference with Property” on September 6, 1991. Macon Kraft, Inc., Defendant, filed its answer on September 18, 1991. A trial was held on September 27, 1991. The Court, having ...
Views: 0
OPINION Frances X. Ferrara, the Chapter 7 Trustee (“Trustee”) brings this matter before the Court by way of a motion, pursuant to Bankruptcy Rule 7042, to consolidate the following adversary proceedings: Frances X. Ferrara, Interim Trustee v. Frances A. Rachles, Adversary No. 90-2065 and Official Unsecured Creditors’ Committee v. Frances A. Rachles, Adversary No. 90-2027. Frances A. ...
Views: 1
MEMORANDUM OF DECISION ON COMPROMISE AND SETTLEMENT OF CLAIMS Group and three former employees (Plaintiffs) envision the compromise and settlement of an adversary proceeding initiated by the former employees in the Debtors’ Chapter 11 case. Group Committee opposes the settlement. A hearing was conducted 1 on Group’s Rule 9019 motion, 2 and the matter was taken under ...
Views: 0
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM AUTOMATIC STAY The court heard Western Farm Credit Bank’s (the “Bank”) motion for relief from the automatic stay on May 28, 1991. The Bank appeared by and through Gloria M. Green, Esq., of Tennant, Read & Dutra, Sacramento, California. Debtors appeared by and through Brett Nesin, Esq., Stockton, California. Associates Financial Services Com...
Views: 0
Procedural Posture This matter comes before the Court in an unusual procedural posture. It arose in the September, 1990 filing of more than forty Adversary Proceedings by the Trustee of Admiral’s Walk, Inc. (a Chapter 11 debtor whose Order for relief was entered on June 1, 1990). In each of those Adversary Proceedings the Trustee sought to determine the validity and extent of a differe...
Views: 0
ORDER DENYING MOTION TO ENFORCE STAY AND FOR SANCTIONS THIS CAUSE came before the Court for hearing on May 7, 1991, on the Debtor’s Motion to Enforce Stay and for Sanctions for Violation of Automatic Stay (“Motion to Enforce Stay”). The Debtor’s motion arises from the post-petition efforts of the Internal Revenue Service to seek enforcement of an ÍRS summons in a proceeding presently pend...
Views: 0
DECISION Plaintiff, COUNTY REAL ESTATE CORP. (“County”) has instituted the instant adversary proceeding seeking to bar the discharge of SHEIK M. ISHAHAK (“Debtor”) pursuant to sections 727(a)(2)(A) and 727(a)(4)(A) of the Bankruptcy Code. The Complaint alleges that the Debtor transferred his interest in commercial real property (the “Property”) with intent to hinder, delay or defraud a cr...
Views: 0
MEMORANDUM Debtor filed this adversary proceeding seeking to determine dischargeability of debtor’s obligations for 1981, 1982 and 1983 federal income taxes. The debtor asserts that the federal income tax liabilities assessed against the debtor for the years 1981, 1982 and 1983 are dischargeable under 11 U.S.C. § 727. The Internal Revenue Service argues that debtor’s obligations for 1981 and 19...
Views: 0
OPINION AND ORDER ON OBJECTION TO CLAIM I. Facts Suburban Motor Freight, Inc. (“Debtor”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code on February 27, 1987. The Bureau of Workers’ Compensation (“Bureau”) filed a proof of claim on July 20, 1987, founded upon the Debtor’s failure to pay workers’ compensation premiums as required by Ohio Revised Code § 4123....
Views: 2
MEMORANDUM-OPINION This matter came before the Court on November 13, 1991 for a hearing on the debtor’s motion to determine the proper distribution of funds. After considering the arguments of counsel the court took this matter under submission. On March 25, 1991 the Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code. The Chapter 13 Plan of the Debtor was confirmed by ...
Views: 0
MEMORANDUM OPINION This matter came before the Court for trial on the merits on November 12, 1991. The Court had previously granted partial summary judgment in favor of the plaintiff and thus the only remaining issue for trial was Circle Business Credit, Inc.’s (CBC), counterclaim that it is entitled to recover the value of the computer system which it claims as collateral. Having conside...
Views: 3
MEMORANDUM-OPINION This matter comes before the Court on Application by the Trustee for the allowance of interim compensation and disbursements for services rendered by the law firm of Ruck, Wilson & Cooper relative to the collection of accounts and legal matters. The verified application requests compensation for legal services in the sum of $5,968.50 for 51.9 hours of work and expenses ...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION In this case the Court must determine whether a nonresidential real property lessor is entitled to an administrative priority expense under § 365(d)(3) for post-petition lease payments pending assumption or rejection of the lease or whether the lessor must establish his entitlement to administrative expense priority under § 503(b)(1)(A). ...
Views: 2
MEMORANDUM OPINION This matter is before the Court on a Motion to Dismiss filed on August 20, 1991 by L & N Federal Credit Union (“L & N”), a creditor of the debtor. The debtor filed his Objection to Motion on September 4, 1991. The issue raised by L & N’s Motion to Dismiss is whether the alleged ability to fund a Chapter 13 plan constitutes “bad faith” pursuant to 11 U.S.C. § 707(a). ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon the Amended Complaint of Dimare Homestead, Inc., Cal-West Produce Enterprises, Inc., Coast Citrus Distributors, Inc., Pacific International Marketing, Inc., and Senini Arizona, Inc. seeking to establish and enforce a trust under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e et seq. (“PACA”). ...
Views: 0
MEMORANDUM AND ORDER ON MOTION TO CONVERT OR DISMISS CHAPTER 11 CASE State Street Mortgage Company moves for the dismissal or conversion of this chapter 11 case for the reason that the debtor in possession, Linda Palmer, is barred by an April 18, 1991 order of this court from *473 filing a plan. Palmer objects, claiming that State Street lacks standing, or in the alternative, that the April 1...
Views: 1
*529 MEMORANDUM DECISION ON THE MOTIONS OF COLLATERAL TRUSTEE AND SERIES TRUSTEES SEEKING INSTRUCTIONS BACKGROUND Eastern Air Lines, Inc. (“Eastern”) and First Fidelity Bank, National Association, New Jersey (“FFB” or “First Fidelity”) executed a Secured Equipment Indenture and Lease Agreement dated as of November 15, 1986 (the “Indenture”). 1 The Indenture provid...
Views: 0
MEMORANDUM OPINION The Third Amended Plans of Reorganization, as modified (“Plans”), of General Homes Corporation (“GHC”) and FGMC, Inc. (“Debtors”) were the subject of a lengthy and hotly contested proceeding. After considering the pleadings, the evidence, the arguments of counsel adduced at the hearings, and the post-hearing mem-oranda filed by the parties, the Court makes the following...
Views: 0
OPINION This matter came on for consideration of the Trustee's Motion for Order of Abandonment of Refinery Property pursuant to a regularly scheduled hearing. This opinion constitutes findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052 and disposes of all the issues presented to the Court. FACTUAL AND PROCEDURAL BACKGROUND Shore C...
Views: 0
OPINION This matter came on for consideration of the Motion of Lonny Kenneth Cambem, and wife, Judith Ann Cambem d/b/a Ca-prock Operations, d/b/a Sno-Biz and f/d/ b/a Caprock Engineers, hereinafter (“Debtors”), for Reconsideration of an Order Approving the Allowance of Compensation and Expenses pursuant to a regular setting on January 23, 1991, in Beaumont, Texas. This opinion constitutes...
Views: 2
ORDER ON MOTION TO RECONSIDER ORDER APPROVING COMPROMISE CAME ON, for consideration, the motion of John H. Akin, Robert Trembath and Barnhart Joint Venture to reconsider order approving compromise. Upon consideration thereof, the court finds and concludes that the motion should be DENIED. BACKGROUND FACTS The debtor sought to compromise a claim against a creditor and filed a mot...
Views: 0
134 B.R. 377 (1991) In re PORT ANGELES WATERFRONT ASSOCIATES, Debtor. PORT ANGELES WATERFRONT ASSOCIATES, City of Port Angeles, and Security Pacific Savings Bank, Appellants, v. PORT OF PORT ANGELES, Appellee. BAP No. WW-90-1485 MeJR, Bankruptcy No. 89-06044, Adv. No. A90-00011. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted February 21, 1991. Decided December...
Views: 0
DECISION ON COMPLAINT TO RECOVER PROPERTY OF ESTATE AND MOTION TO BE RELIEVED AS COUNSEL TO THE DEFENDANTS Golden Distributors, Ltd. (“Golden”), the debtor in this voluntary Chapter 11 case, has commenced this adversary proceeding to collect $201,769.06 from the defendants for goods sold and delivered. Golden alleges that the defendant Raymond Garced (“Garced”) is personally liable for five che...
Views: 0
OPINION 1 Background This matter is before the Court on GNC Community Federal Credit Union’s (“GNC”) Motion for Relief from the Automatic Stay (“Motion”). GNC asserts that 1) Michael J. Stefano and Jacque A. Stefano (the “Debtors”) have no equity in their residence, the property which secures GNC’s debt; 2) the Debtors have failed to remit regular monthly payments; 3) the Debtors have f...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTIONS THIS IS a Chapter 7 liquidation. The matter under consideration is a challenge by Terry Smith (Trustee), the Trustee of the estate, of the Debtor’s claim to exempt certain real property and also certain personal property scheduled by the Debtor and valued at $995.00. The facts relevant to the resolution of the issues raised by the Trustee’s o...
Views: 0
ORDER ON MOTION TO ASSUME EXECUTORY CONTRACT THIS IS a Chapter 11 reorganization case and the matter under consideration is the Motion filed by Tom Stimus Chrysler-Plymouth, Inc. (Debtor) to Assume and Assign Executory Contract with Chrysler Corporation (Chrysler), and the Objection of Chrysler to the Debtor’s Motion. The Court has considered the initial and threshold issues, i.e., the Debtor’s...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is the dis-chargeability, vel non, of a debt owed by Charles E. Davis (Debtor) to the Plaintiff, Sears, Roebuck and Company (Sears) in the amount of $4,604.25. This case may be aptly characterized as the case of a debtor with “lotto mania,” and the facts establis...
Views: 0
ORDER ON MOTION FOR AUTHORITY TO SELL RESTAURANT ASSETS FREE AND CLEAR OF LIENS ORDER ON MOTION FOR AUTHORITY TO ASSUME AND ASSIGN LEASES ORDER ON MOTION FOR AUTHORITY TO ASSUME AND ASSIGN FRANCHISE AGREEMENTS WITH BURGER KING CORPORATION ORDER ON MOTION FOR AUTHORITY TO ASSUME AND ASSIGN EQUIPMENT LEASES This is a Chapter 11 reorganization case and the matters under consid...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION ON MOTION TO DISMISS THIS IS a Chapter 11 case and the matter under consideration is a challenge of the right of Aurora Investment, Inc., (Debt- or) to seek rehabilitation under Chapter 11 of the Bankruptcy Code. The challenge is presented by a Motion to Dismiss the Debt- or’s Chapter 11 case, filed by Barnett Bank of the Suncoast, N.A...
Views: 2
ORDER ON MOTION TO DISMISS THIS IS a Chapter 11 case and the matter under consideration is the Motion to Dismiss filed by Barnett Bank of Suncoast, N.A. (Barnett). Barnett seeks the dismissal of the above-captioned Chapter 11 case on the grounds that the Mohan Kutty Trust (Trust) is not eligible to be a debtor. Alternatively, Barnett seeks a dismissal of the case for “cause” pursuant to § 1112(...
Views: 0
MEMORANDUM OPINION This opinion will address the jurisdiction of this Court to hear the merits of a dispute between Upsher Laboratories, Inc., the Chapter 11 debtor, and the United States Department of Health and Human Services, Health Care Financing Administration (“HCFA”). The dispute centers around the existence and amount of an alleged overpayment of Medicare reimbursement funds to Up...
Views: 1
ORDER ON MOTION TO VACATE JUDGMENT THIS IS a Chapter 7 liquidation case originally commenced by a Petition for Relief under Chapter 11 but later converted and is currently administered as a Chapter 7 case. This Adversary Proceeding was originally filed by Empire Pipe and Development, Inc. (Empire) during the pendency of the Chapter 11 case. In its Complaint, Empire named Richard Eisinger ...
Views: 0
MEMORANDUM OPINION The Trustee in this chapter 7 liquidation bankruptcy has objected to claim numbers 405 and 406 by James F. Dale, claim numbers 413 and 415 by Leila W. Dale Hicks, and claim number 416 by Shirley D. Lawrence. This Court entered orders disallowing those claims as filed and allowing them as recommended by the Trustee. The orders were made subject to modification if objecti...
Views: 1
ORDER ON ESTIMATION OF CLAIM THIS IS a Chapter 11 reorganization case. The matter under consideration is the estimation of Claim No. 3071, filed by the United States of America (Government), originally filed on February 1, 1990. The Proof of Claim was filed with a copy of the First Amended Complaint filed by the Government in the U.S. District Court of Maryland. In its Complaint, the Government...
Views: 0
ORDER ON MOTION TO DISMISS CASE THIS IS a “Chapter 14” case in that this is the second Chapter 7 case filed by Glen Eugene Weeks and Alethia Belle Weeks (Debtors). The matter under consideration is a Motion to Dismiss the second Chapter 7 case filed by the Debtors for “cause” pursuant to § 707(a) of the Bankruptcy Code. The Motion is filed by Citizens & Southern National Bank (C & S). The unusual...
Views: 0
OPINION Undisputed Procedural and Substantive Facts In this chapter 13 case, SouthTrust Mobile Services, Inc. (SMSI) seeks to expand the holding of In re Thomas, 883 F.2d 991 (11th Cir.1989). Rosa Smoot (debtor) filed a petition for relief under chapter 13, title 11, United States Code, on August 15,1988. SMSI was listed in the schedule of creditors and had actual notice of the existence ...
Views: 0
MEMORANDUM The issue before the court concerns the problem created when an amended proof of claim is filed after the court has allowed the original proof of claim and confirmed the Chapter 13 plan. The specific issue is whether an amended proof of claim filed by the Internal Revenue Service (“IRS”) should be allowed without the IRS or the Chapter 13 trustee having taken some action to cause the...
Views: 0
ORDER ON MOTION FOR REHEARING AND RECONSIDERATION OR TO ALTER OR AMEND ORDER ON AMENDED APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES BY FOWLER, WHITE, GILLEN, BOGGS, VILLAREAL & BANKER, P.A. THIS IS a confirmed Chapter II case and the matter under consideration is a Motion *155 for Rehearing and Reconsideration or to Alter or Amend Order on Amended Application for All...
Views: 0
ORDER *701 Heard on October 24,1991, on the confirmation hearing of the Debtor’s “Third Amended Plan of Reorganization.” The Debtor is attempting to prevent the foreclosure and sale of its sole asset, a multi-unit commercial building located in Newport, Rhode Island. Rhode Island Hospital Trust National Bank (RIHT), the first mortgagee on the real estate, and also a Class 3 credi...
Views: 0
DECISION AND ORDER Michael Grieco purchased the property designated as Unit A3, 20 Place Condominium, located at 49-51 Cedar Swamp Road, Smithfield, Rhode Island, at a foreclosure sale on June 11, 1991, and he filed the foreclosure deed for recording at 2:00 p.m. on June 13, 1991. The Debtor, which filed its Chapter 11 petition at 10:30 a.m., also on June 13, 1991, contends that the bankruptcy ...
Views: 0
MEMORANDUM OF DECISION The two cases now before the court have been considered together because they present the identical legal issue: whether the trustee in a liquidating bankruptcy under the 1898 Bankruptcy Act may claim, as property of the estate, net operating loss (“NOL”) carryovers to which the debtors would have been entitled outside of bankruptcy. This issue has been raised by th...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Equipment Company of America (the “debtor”) against Production Supply Company of America, Inc. (the “creditor”) to avoid as preferential transfers a series of payments made with postdated checks pursuant to 11 U.S.C. § 547(b), and the Court having heard the testimony, examined the evidence pres...
Views: 0
OPINION This matter is before me to decide whether the Debtor can exempt, under § 522(d)(10)(E) of the Bankruptcy Code, $16,159.56 held in a state established deferred compensation program. On April 22,1991, the Debtor filed a voluntary Chapter 7 Bankruptcy Petition. According to her Statement of Affairs, the Debtor was laid off from her job as a child care worker with the State of Michig...
Views: 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on for trial on November 20, 1991, before the Honorable Mary Davies Scott. Jordan Bublick appeared for the debtor plaintiff and A. Brian Phillips, U.S. Department of Justice, Tax Division, appeared on behalf of the United States of America. At issue before the Court is the extent to which the United States is secured. The debtor asse...
Views: 0
MEMORANDUM OF DECISION ON TOWN OF WEST WINDSOR’S PETITION FOR DECLARATORY JUDGMENT Resolution 1 of the Town of West Windsor’s Petition for Declaratory Judgment 2 , filed January 25, 1991, requires us to determine the status of the Town’s claims for taxes owed by two of the debtors in this jointly administered Chapter 7 proceeding. The Town’s claim against Mt. Ascutne...
Views: 1
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT This adversary proceeding 1 raises an issue of first impression in our jurisdiction; that is, whether the State of Vermont can impose a land gains tax upon property liquidated in the administration of a bankruptcy estate. Implicit in this issue is the complex interplay between State and Federal law that frequently occurs in ...
Views: 0
DECISION AND ORDER Heard on August 12, 1991 on the complaint of the Commonwealth of Massachusetts to have its claim in the amount of $28,870.37 against the Debtor, Robert D. Belisle, declared nondischargeable, pursuant to § 523(a)(2)(A). The Commonwealth alleges that Belisle obtained and converted to his own use, pension payments mistakenly paid to his father, after his death. Said pension benefi...
Views: 1
MEMORANDUM OF DECISION ON 11 U.S.C. § 1113(e) MOTION This matter 1 is before us on an emergency 11 U.S.C. § 1113(e) 2 motion 3 filed by UPI on September 19, 1991. An evidentia-ry hearing was conducted on September 20, 1991. Based upon the evidence, stipulations, and representations of the parties, we find that UPI has met the heavy burden required under § ...
Views: 1
MEMORANDUM OF DECISION ON OBJECTION TO DEBTOR CLAIMED EXEMPTION On August 12, 1988, Debtor commenced a Chapter 12 bankruptcy proceeding, 11 U.S.C. §§ 1201, et seq. 1 Debtor’s Chapter 12 plan was confirmed on August 3, 1989. Debtor converted to Chapter 7 on August 2,1990. The instant matter 2 concerns conflicting claims between Bank and Debtor to post-petition proceed...
Views: 0
MEMORANDUM DECISION DENYING PAYMENT OF PREPETITION COUNSEL FEES 1 Gibson, Dunn & Crutcher (“Gibson, Dunn”), counsel to the debtor, and Kramer, *733 Levin, Nessen, Kamin & Frankel (“Kramer, Levin”), counsel to the Committee, seek payment of fees in the amount of $2,047,-525.38 and $81,948.61 (plus disbursements of $37,595.64), respectively, for services rendered prior ...
Views: 2
MEMORANDUM OF DECISION ON PERFECTION OF SECURITY INTEREST *3 The matter 1 before us arises from a motion for relief from the automatic stay 2 to repossess certain motor vehicles, filed by Lend Lease, a division of National Car Rental System, Inc. At a hearing on the motion, we ruled that Lend Lease had perfected its security interest. This Memorandum of Deci...
Views: 2
*2 DECISION BACKGROUND Steven P. Austin (“Debtor”) filed a petition for Chapter 7 bankruptcy on August 1, 1990. At the time of filing, Debtor owned one hundred (100%) percent of the stock of Energy Electrical Supplies, Inc. (“Energy”), itself a Chapter 7 Debtor in this Court. On October 10, 1990, CHARLES KOTAN, JOAN KOTAN and BERTHA KOTAN (collectively the “Plaintiffs”) instituted the insta...
Views: 1
OPINION The appellant, Citibank, N.A. (“Citibank”), appeals an order allowing a superp-riority administrative claim arising from the failure of adequate protection and subordinating the claim to the administrative expenses in the superseding Chapter 7 case. We AFFIRM. FACTS Citibank loaned the debtor, Sun Runner Marine, Inc., approximately $7,000,000 secured by all of the debtor’s property ...
Views: 0
MEMORANDUM OF DECISION ON APPLICATION OF CHAPTER 7 INTERIM TRUSTEE FOR AN EMERGENCY BORROWING ORDER We are asked, in this matter, 1 to decide between two competing superpriorities; namely, whether superseding Chapter 7 administrative expenses should be paid in full before priority administrative claims in *479 the superseded Chapter 11 case. For policy reasons, we ...
Views: 1
MEMORANDUM OF DECISION ON MOTION TO DISMISS, OR IN THE ALTERNATIVE, RELIEF FROM STAY James L. Greenwald (“Mr. Greenwald” and the “Debtor”) and his former spouse, Patricia Greenwald (“Ms. Greenwald”) were married on December 18, 1960. The couple divorced in April 1990 after 30 years of marriage. The trial court in the matrimonial proceeding observed that theirs “is a true success story about whi...
Views: 0
MEMORANDUM OF DECISION ON ADMINISTRATIVE EXPENSES UNDER §§ 503(b) and 507(a)(6) Standing before us is the unresolved part of a motion 1 that was originally filed by *483 DCC on August 31, 1990, and in which DCC sought to compel Investors to assume or reject certain executory contracts 2 between DCC and Investors, and directing that all payments, due thro...
Views: 2
DECISION ON ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing 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, av...
Views: 0
MEMORANDUM OF DECISION ON OBJECTION TO ADMINISTRATIVE EXPENSE CLAIM Debtor asks us to disallow 1 entirely the claim of its former landlord, Rockefeller Center Properties, for an administrative expense for rent accrued between Oct. 17, 1989, the date Debtor’s lease was deemed rejected, and March 22, 1990, the date personal property of Debtor was deemed abandoned to Landlord. Lan...
Views: 0
OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT I. ISSUES The cross motions for summary judgment in this adversary proceeding raise four major issues: First, does a landlord hold a valid lien on personal property stored on its real property and, if so, is the lien avoidable? Second, is the Debtor responsible to remedy alleged pollution on the landlord’s real property under New J...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the Debtor’s Complaint seeking a Determination of Tax Liability pursuant to section 505 of the Bankruptcy Code, Title 11, U.S.C. § 505. The Court has jurisdiction over this matter pursuant to Title 28, U.S.C. § 1334(b). The Complaint alleges that for the taxable years 1981 through 1984, the Commissioner erroneously determined that a...
Views: 1
*607 SUPPLEMENTAL MEMORANDUM OPINION This matter is before the Court on Coventry Commons’ motion for determination of the status of rents and the use of cash collateral on an interim and final basis. The secured creditor, Travelers Insurance Company, filed a response and a hearing was held on September 25, 1991. At the conclusion of the hearing, the Court determined that Travelers was entitle...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION An attorney representing three creditors, First of America Bank, Citibank, and J.C. Penney, has filed a motion for an order compelling the debtor to appear for examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure. These creditors contend that a further examination of the debtor is necessary to determine whether there are grounds to pursu...
Views: 0
OPINION We have before us a motion in which Defendant seeks to have us impose sanctions upon the Glenshaw Glass Company on account of the failure of Mr. James Foltz (“Foltz”) to be available for depositions on September 24, 1991. Foltz was in fact present at 10:00 a.m., but announced that he would leave at 11:00 a.m. Defense counsel had travelled from Philadelphia and stayed overnight in ...
Views: 0
MEMORANDUM OPINION AND ORDER DENYING FEE APPLICATIONS This matter is before the Court following remand from the District Court with instructions to reconsider this Court’s previous denial of the sixth fee application filed by the debtor’s attorney and the fifth fee application filed by the attorney for the unsecured creditors’ committee. The District Court ordered that these applications ...
Views: 2
MEMORANDUM OF DECISION RE: MOTION OF TRUSTEE TO ENFORCE “SECTION 362 STAY AGAINST THE FDIC” I. On December 16, 1991, following a duly-noticed hearing, this court entered an oral ruling in which the court concluded that the Federal Deposit Insurance Corporation (FDIC) was in violation of the automatic stay provisions of 11 U.S.C. § 362(a) when it commenced and continued to prosecute a...
Views: 3
MEMORANDUM AND ORDER ON PLAINTIFF’S COMPLAINT TO AVOID A MORTGAGE AND ASSIGNMENT OF LEASES AND RENTS UNDER §§ 544 AND 547 The plaintiff, Putnam Properties Limited Partnership, a chapter 11 debtor, seeks an order under Code §§ 544 and 547 avoiding a leasehold mortgage and an assignment of leases and rents it executed in favor of the defendant, Manufacturers and Traders Trust Company. ...
Views: 0
MEMORANDUM OPINION INTRODUCTION The debtor, and also the plaintiff in this adversary proceeding, Malkove and Wom-ack, Inc., (hereinafter, “M & W”), doing business as Western Steer Florence, Inc., commenced this bankruptcy case by filing a voluntary petition under title 11, chapter 11, United States Code, on January 19, 1990. This Court entered an order confirming M & W’s plan of reor...
Views: 0
MEMORANDUM This case came before the court to consider confirmation of the debtors’ proposed Chapter 13 plan. Timothy Olson appeared on behalf of debtors. Ms. Kathleen Laugh-lin appeared as Chapter 13 Trustee. The plan is not confirmed because the best interest of creditors test is not satisfied and because the debtor has claimed excessive exemptions. The confirmation hearing was scheduled un...
Views: 1
DECISION ON COMPLAINT TO RECOVER PROPERTY OF ESTATE Golden Distributors, Ltd. (“Golden”), the debtor in this voluntary Chapter 11 case, has commenced this adversary proceeding to collect $301,803.59 from the defendants for goods it sold and delivered to the defendants. A default judgment has been entered against the corporate defendant, Save All Tobacco, Inc. (“Save AH”), for $301,803.59 ...
Views: 1
MEMORANDUM This case came before the court to consider confirmation of the debtors’ proposed Chapter 13 plan. Timothy Olson appeared on behalf of debtors. Ms. Kathleen Laugh-lin appeared as Chapter 13 Trustee. The plan is not confirmed because the best interest of creditors test is not satisfied and because debtor has claimed exemptions vastly in excess of the statutory limitation. The confir...
Views: 0
MEMORANDUM OPINION This is an adversary complaint filed by Beneficial of Missouri, Inc., (“Beneficial”) a finance company, challenging the dis-chargeability of a loan made by Beneficial to Debtors. Plaintiff claims the debt is nondischargeable pursuant to either §§ 523(a)(2)(A) or 523(a)(2)(C) of the Bankruptcy Code. The Court will decide this case on the pleadings and a set of stipulated...
Views: 2
MEMORANDUM OPINION This matter comes on before this Court upon the October 7, 1991 filing by the defendant, CFS Management Company (“CFS”), of a motion for summary judgment, pursuant to Bankruptcy Rule of Civil Procedure 7056 and Federal Rule of Civil Procedure 56, on all counts set forth in the complaint filed by Brookfield Centre Limited Partnership (“Brookfield”). Said complaint was filed by Br...
Views: 0
*711 DECISION ON PREEMPTION OF ERISA QUALIFIED PENSION PLANS Before the court is an objection by the Trustee, to the Debtor’s claimed exemption to funds held in a rollover Individual Retirement Account (“IRA”), which arose from the distribution of Debtor’s employer’s ERISA qualified pension plan. The Debtor claims the exemption under Section 5205(c)(1) and (2) of the Civil Practi...
Views: 1
MEMORANDUM This case came before the court to consider confirmation of the debtor’s proposed Chapter 13 plan. Gene Oglesby appeared on behalf of debtor. Ms. Kathleen Laugh-lin appeared as Chapter 13 Trustee. The plan is not confirmed because the best interest of creditors test is not satisfied and because the debtor has claimed excessive exemptions. The confirmation hearing was scheduled under 11 ...
Views: 1
DECISION ON MOTION FOR § 707(b) DISMISSAL This is a Chapter 7 consumer case. The U.S. Trustee filed a motion for an order dismissing the case for “substantial abuse” pursuant to 11 U.S.C. § 707(b). This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this District. This is a core proceeding arising under 28 U.S.C. § 157(b)(2)...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW Fleet Bank of Maine (the “Bank”), as successor in interest to Maine Savings Bank, has filed separate motions seeking relief from the automatic stay with respect to the following two properties: Airport Tower Hotel, 2033 Powers Avenue, Philadelphia, PA and The Inn For All Seasons, 480 Main Street, Laconia, New Hampshire. The court makes the findings and concl...
Views: 0
MEMORANDUM The following are findings of fact and conclusions of law. Bankr.R. 7052. In September 1989,. Mr. and Mrs. Michael A. Godsey, Sr. (the Godseys) filed a Chapter 7 bankruptcy. During the pendency of this case, the Godseys settled a personal injury lawsuit for an amount that enabled the estate to pay both secured and unsecured creditors with interest as directed by 11 U.S.C. § 726...
Views: 1
CORRECTED DECISION ON ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING TRUSTEE’S COMPLAINT This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing 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...
Views: 2
ORDER ON EMERGENCY MOTION OF INVESTORS SAVINGS BANK TO PROHIBIT USE OF CASH COLLATERAL AND ADEQUATE PROTECTION THIS CAUSE came on for hearing upon the Emergency Motion of Investors Savings Bank to Prohibit Use of Cash Collateral and Adequate Protection. By separate Order, this Court disposed of all issues raised in the Emergency Motion except whether an assignment of rents became absolute...
Views: 1
SECOND SUPPLEMENTAL MEMORANDUM OPINION Plaintiffs seek a determination that a state court judgment debt owed by defendant, Ronald E. Keene, is nondischargeable pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(4) and (a)(6). The proceeding was tried on March 15, 1990, but for the procedural reasons discussed below, final judgment has not been entered despite the entry of two earlier memorandum o...
Views: 1
ORDER DENYING “REQUEST FOR AND CERTIFICATION OF WRIT OF EXECUTION AND GARNISHMENT” FILED BY IRVING ZEITLIN, ESQUIRE COMBINED WITH NOTICE OF THE ENTRY THEREOF This proceeding arises out of a “Request For And Certification Of Writ Of Execution And Garnishment” filed by Irving Zeit-lin, Esquire (“Mr. Zeitlin”) seeking certain executable relief against the above-named debtor, Fairway Missionary Bap...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This Adversary case came on for trial, evidence was admitted and considered, and the parties gave final argument. The Court now makes and enters Findings of Fact and Conclusions of Law: Findings of Fact 1. Defendant is an attorney at law admitted to practice by the Supreme Court of Illinois. 2. Plaintiff Jose Alverio is a creditor of the Debtor-De...
Views: 3
OPINION Presented are questions of whether under § 505 of the Bankruptcy Code a bankruptcy court may adjudicate local real estate taxes assessed against a debtor where: (i) no abatement application has been filed with the town, and the time for filing the application has lapsed, (ii) an abatement application has been either granted or denied without a hearing, and the debtor has taken no appeal...
Views: 0
ORDER ON NORTHERN INDIANA PUBLIC SERVICE COMPANY’S AMENDED MOTION FOR RELIEF FROM AUTOMATIC STAY THIS CAUSE came on for final eviden-tiary hearing upon Northern Indiana Public *995 Service Company’s Amended Motion for Relief from Automatic Stay. Northern Indiana Public Service Company (Northern Indiana) claims liens established through its activities as a warehouseman, a comm...
Views: 2
ORDER This Chapter 11 single asset real estate case is before the Court on two competing plans, a reorganization plan proposed by the debtor and a liquidation plan proposed by First Union Real Estate Equity & Mortgage Investments (“First Union”). Debtor and First Union object to each other’s plans on numerous grounds. The key issues raised by the objections to debtor’s plan include the ap...
Views: 1
MEMORANDUM OPINION This matter comes to be heard on cross motions for summary judgment filed by Adam Leber and Eva Leber (the “Debtors”) and the Illinois Department of Revenue (“IDOR”). The Court holds that the underlying debt for which IDOR is pursuing Debtor, Adam Leber, has been discharged pursuant to 11 U.S.C. § 1328(a). IDOR, however, properly invoked sovereign immunity under the Ele...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CLAIM OF LOCAL 73 Introduction The Debtor Waner Corporation was formerly engaged in heating and ventilation work. Its former employees are members of Sheet Metal Worker’s International Association Local 73 (“Local 73”). Debtor’s bankruptcy proceeding pends under Chapter 7 of the Bankruptcy Code. Debtor’s estate is administered by a Chapter 7 Trustee. L...
Views: 0
CONCLUSIONS OF LAW AND ORDER ON SECTION 362 MOTION OF PETER GABOR KALMAN Peter Gabor Kalman (“Kalman”) moves for an order (i) confirming that the automatic stay in effect under § 362 of the Bankruptcy Code does not apply to his pending motion in the district court to ob*171tain disbursement of a $1.7 million superse-deas deposit, and (ii) modifying the automatic stay to permit completion of a pat...
Views: 0
OPINION A. INTRODUCTION The instant adversary proceeding requires us to address several issues not previously touched upon in the line of decisions in this jurisdiction concerning calculation of arrearages and proofs of claim in cases concerning mortgages previously assigned to the United States Department of Housing and Urban Development (“HUD”) in connection with its Mortgage Assig...
Views: 0
MEMORANDUM OPINION This matter is before the Court on Lee and Lizzie Nelsons’ (“Debtors”) Motion for Hardship Discharge under 11 U.S.C. 1328(b) and the Response of Jack McCullough, Standing Trustee (“Trustee”). At the hearing Debtors moved that the Trustee’s Response be stricken, alleging that Federal Rule of Bankruptcy Procedure 7001(4) requires the Response to be filed as an adversary complai...
Views: 0
MEMORANDUM DECISION SUSTAINING OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION Creditor Kelli Lyerla (“Kelli”), the former wife of Debtor Terrance L. Lawley (“Terry”), has objected to the amount of the homestead exemption claimed by Terry. She disputes his contention that he is a “member of a family unit,” which is the basis of his claim for the enhanced amount of his claim. FACTS When their marriage w...
Views: 0
OPINION Bjolmes Realty Trust (the “Debtor”) moves for court approval of the disclosure *1001 statement for its chapter 11 plan. The Federal Deposit Insurance Corporation (“FDIC”), the holder of a first mortgage, opposes the motion on the ground that the plan improperly places the unsecured portion of its claim in a class separate from trade debt. On the' assumption that it wi...
Views: 1
MEMORANDUM OPINION The issue in this case is whether a payment made by the Debtor, Kahn & Associates, Inc., to Defendant, Sukolsky-Brunelle Photographies, can be avoided as a preferential transfer under 11 U.S.C. § 547 by the Chapter 11 Disbursing Agent. The Debtor filed its Chapter 11 petition on August 16, 1989. The payment at issue concerns an invoice dated June 15, 198...
Views: 0
MEMORANDUM OF DECISION On July 5, 1991, the debtors filed their CHAPTER 12 FARM PLAN. Thereafter, on August 22, 1991, Gardner H. Abner (“Abner”) filed his OBJECTION TO CONFIRMATION. The court held a hearing on confirmation at the debtors’ Chapter 12 plan on August 29, 1991, and took the matter under advisement on October 23, 1991, following the time allowed for submitting briefs. For the ...
Views: 0
MEMORANDUM OF DECISION On July 9, 1991, this court issued an order directing plaintiff’s counsel to appear and show cause (1) why the summons and notice of pre-trial proceedings should be reissued for a fourth time in this adversary proceeding and, if so, whether counsel should be held responsible for unreasonably multiplying the proceedings and should be directed to reimburse the Clerk f...
Views: 0
MEMORANDUM OPINION AND ORDER GRANTING FEDERAL MORTGAGE MANAGEMENT, INC. MOTION FOR SUMMARY JUDGMENT The above-referenced core proceeding 1 came on for hearing on motion for summary judgment on the complaint to determine dischargeability of a debt, and motion for summary judgment filed by Federal Mortgage Management, Incorporation, pursuant to 11 U.S.C. § 523(c) and F.R.B.P. 400...
Views: 0
MEMORANDUM OPINION AND ORDER GRANTING DEBTORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND OBJECTIONS THERETO, AND EMPIRE’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT This core proceeding 1 came on debtors’ motion for Partial Summary Judgment seeking a determination of the viability of the “new value” exception to the absolute priority rule under the code. The debtors filed a joint p...
Views: 1
MEMORANDUM DECISION AND ORDER RE: MOTION FOR ABANDONMENT On November 29,1991, the U.S.A. filed a Motion for Abandonment. Debtor filed a Memorandum in Opposition to Internal Revenue Service’s Motion for Abandonment. A hearing was held on December 11, 1991, at which time, the Court took the matter under advisement. The Court, being advised in the premises, now renders this memorandum decision and...
Views: 0
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT *781 This matter 1 came before us on Centel’s motions for partial summary judgment and to dismiss Trustee’s adversary proceeding brought on behalf of the Debtor, Argo Communications Corporation (Argo). 2 Trustee’s complaint 3 alleges breach of fiduciary duty, corporat...
Views: 1
OPINION I. INTRODUCTION. Kwang C. Choi and Myong S. Choi (“defendants”) filed a petition for relief under Chapter 7 of the Bankruptcy Code on October 9, 1990. Siemens Components, Inc. (“plaintiff”) commenced this adversary proceeding on January 14, 1991. The first amended complaint contains two claims for *650 relief. The first claim for relief states that the defendants committed fraud by ...
Views: 2
RULING ON TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION OF INDIVIDUAL RETIREMENT ACCOUNT I. ISSUE The question presented in this proceeding is whether a debtor’s Individual Retirement Account (IRA) maintained at Manchester Savings Bank is exemptive under Bankruptcy Code § 522(d)(10)(E). If the court determines that it is, the parties intend to request an evidentiary hearing to determin...
Views: 1
MEMORANDUM OF DECISION The court comes now to consider an objection filed by Conrad J. Morgenstern, United States Trustee for Region IX (UST) to an Application for Fees filed by the attorney for the trustee in this case. The UST did not appear at the hearing on the Application, electing to stand on his written objection. The attorney argued briefly and submitted a written response in support of...
Views: 1
MEMORANDUM OF DECISION Several general unsecured creditors (Creditors) of The Gibbons-Grable Company (Debtor) bring for the court’s consideration a Motion to Abandon Certain Preference Claims (Motion). The Motion requests the court to require abandonment by Lee J. DiCola (Trustee), Trustee for The Gibbons-Grable Assets Disposition Trust (Trust), an entity created pursuant to Debtor’s conf...
Views: 0
OPINION Metropolitan Mortgage & Securities Co., Inc. appeals from the bankruptcy court’s order confirming the Rubottoms’ Chapter 13 plan. The plan contained a provision extending the payment period on a note that matured during the plan period. We reverse because the provision in the plan violated § 1322(b)(2) of the Code. STATEMENT OF THE FACTS Metropolitan holds a third deed o...
Views: 1
MEMORANDUM OPINION The cause before the Court includes three adversary proceedings consolidated for trial in which Plaintiffs, Citibank, N.A. (“Citibank”), First Bankcard Center (“FBC”), and Norwest Card Services, Inc. (“Norwest”), seek, pursuant to 11 U.S.C. § 523(a)(2)(A) and (C), to determine the dis-chargeability of credit card debt. Trial was held November 20, 1991. The debtor appeared perso...
Views: 0
ORDER Park West Real Estate Corporation has filed a motion for relief from the automatic stay, seeking a nunc pro tunc order which would validate actions taken by the corporation’s board of directors. The Chapter 11 trustee, the debtor, and the Official Creditors Committee oppose the relief requested. This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and General Order No. 312-...
Views: 0
MEMORANDUM OF DECISION The law firm of Michaels & McGown 1 , along with co-counsel Harry W. Schwab (collectively, Counsel), has submitted its Third Application for Interim Compensation and Reimbursement of Expenses for the period May 1, 1991 through August 31, 1991 (Application) as counsel for Galen Monroe Oakes and Beulah Lehman Oakes, debtors in possession (collectively, Debt...
Views: 0
OPINION AND ORDER (Re: Motion to Assign Dadeland Lease) The Equitable Life Assurance Society of the United States (“Equitable”) objects to the Motion of Debtors for authority to Assume and Assign Certain Related Agreements to Mervyn’s and J.C. Penney Company, Inc. (Docs. 4960, 5054). First to introduce the interested parties: Equitable is the owner and manager of a shopping...
Views: 0
MEMORANDUM OPINION THE CAUSE before the Court is an adversary proceeding in which Plaintiff, Citibank, N.A. (“Citibank”) seeks, pursuant to 11 U.S.C. § 523(a)(2)(A), to determine the dischargeability of credit card debt. The debtor appeared personally and by counsel, Mr. Freeman, Esq. the Plaintiff appeared by counsel, Bruce E. Bloch, Esq. This Court has subject matter jurisdiction over this ...
Views: 0
MEMORANDUM OF DECISION Cross-claim Defendants David K. Keffler (Keffler) and Dean A. Rose (Rose) (collectively, Defendants) present for the court’s consideration motions for abstention or dismissal for lack of jurisdiction (Motions) concerning the cross-claim brought against them by the defendant in this adversary proceeding, Wampum Hardware (Wampum). Wampum filed a response to the Motion...
Views: 0
ORDER GRANTING DEFENDANTS, LAURENT R. AND WILMA S. LA-VENTURE, MOTION TO DISMISS AMENDED ADVERSARY COMPLAINT THIS CAUSE came before the Court upon the Defendants, LAURENT R. LA-VENTURE and WILMA S. LAVENTURE, motion to Dismiss the Amended Adversary Complaint. The Court having read and reviewed the Motion and Memorandum of Law in Support of Defendants’ Motion to Dismiss for Lack of Jurisdiction bas...
Views: 0
ORDER DENYING TRUSTEE’S MOTION FOR ORDER DIRECTING TURNOVER OF ASSETS OF ESTATE THIS CAUSE came on to be heard upon the Motion filed by the Trustee, Gui L.P. Govaert, for Order Directing Turnover Of Assets Of Estate and a hearing was held before this Court on November 5, 1991 at 10:00 A.M. and the Court having heard argument of the trustee, the attorney for the debtor, and reviewed the Memorand...
Views: 0
ORDER DENYING MOTION FOR RECONSIDERATION OF FIRREA-RE-LATED ISSUES AND REQUEST FOR STAY THIS CAUSE came before the Court for hearing in Miami on Wednesday, December 4, 1991 at 10:30 a.m., upon the Motion for Reconsideration of FIRREA-Related Issues in the November 4, 1991 Memorandum Opinion and Order and Request for Stay filed by the Federal Deposit Insurance Corporation (the “FDIC”). The Court ha...
Views: 0
*913FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAND THIS CAUSE came before the Court on April 11, 1991 on remand from the United States District Court. The district court remanded the case for a determination and recommendation as to the damages awarded the Trustee (Plaintiff) for the Defendant’s First American Bank & Trust Company (FABT) violation of Florida Statutes §§ 674.402 and 673.407 and...
Views: 0
ORDER ON TRUSTEE’S AMENDED OBJECTION TO CLAIMS OF EXEMPTION THIS MATTER having come before the Court for hearing on Tuesday, November 5, 1991, for consideration of the Trustee’s Amended Objection to Claims of Exemption; the Court having heard the arguments of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. The Trustee has objected to the...
Views: 0
MEMORANDUM OPINION ON OBJECTIONS OF THE COUNTY TAX COLLECTORS This matter came before the Court upon objections to confirmation filed on behalf of the tax collectors of St. Lucie, Hendry, St. Johns, Glades, Indian River, and Sarasota Counties (collectively, the “County Tax Collectors”). The County Tax Collectors, joined by Charlotte County, object to section 5.2.3 of the Second Amended Joint Pl...
Views: 1
ORDER OVERRULING OBJECTIONS TO CLAIMED EXEMPTIONS THIS MATTER came before the Court on December 11, 1990, upon the objections to the debtors’ claimed exemption of a pension plan, and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of counsel, as well as the memoranda of law submitted by the ...
Views: 0
MEMORANDUM OPINION ON DEBTORS’ OBJECTION TO AMENDED PROOF OF CLAIM This matter comes before the Court on the objection of Edward T. Rincon and Lu-pita C. Rincon (“Debtors”) to an amended proof of claim filed by Dallas Teachers Credit Union (“DTCU”). A hearing was held May 23, 1991, and after arguments by counsel, the Court took the matter under advisement. For the reasons set forth herein...
Views: 1
MEMORANDUM ON MOTION OF SOLON AUTOMATED SERVICES The court has before it the motion of Solon Automated Services (Solon) filed July 16, 1991, 1 seeking revocation of an order entered August 16, 1990, confirming the debtor’s Second Amended Plan Of Reorganization (Plan). 2 Both the debtor and G. Wendell Thomas, Trustee (Thomas), the entity who acquired the debtor’s real...
Views: 1
MEMORANDUM OPINION ON MOTION OF BANK ONE TEXAS, N.A. TO RESTRICT TRUSTEE’S USE OF CASH COLLATERAL AND FOR ADEQUATE PROTECTION PURSUANT TO SECTION 363(E) OF THE UNITED STATES BANKRUPTCY CODE Came on to be considered the Motion of Bank One Texas, N.A. (“Bank”) to Restrict Trustee’s Use of Cash Collateral and for Adequate Protection Pursuant to Section *548 363(e) of the United ...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the “Application of Debtor for Au *454 thority to Employ Smith Barney, Harris Upham & Co. Inc.” (“Smith Barney Application”) and the “Application of Debtor for Authority to Employ Donaldson, Lufkin & Jenrette Securities Corporation” (“DU Application”), both filed June 21, 1991, and objections to the two appl...
Views: 2
MEMORANDUM DECISION On July 22, 1991, this court heard and granted a motion to lift the automatic stay and directed the settlement, of an order embodying its ruling. Thereafter the movant settled a proposed order. The debtor settled a purported counterorder accompanied by a lengthy submission raising what the debtor views as errors in the court’s ruling. The debtor’s counterorder did not embody...
Views: 2
MEMORANDUM OPINION AND ORDER CONCERNING PRE-JUDGMENT INTEREST, ATTORNEY’S FEES AND COSTS This matter comes before the Court on remand following appeal to the District Court for findings on two issues related to the judgment entered in favor of Plaintiff in this proceeding: (1) prejudgment interest and, (2) attorney’s fees and costs. Plaintiff/Trustee sought recovery of alleged prefer...
Views: 3
MEMORANDUM AND ORDER The matters before the court are competing Motions for Summary Judgment filed by Wayne Drewes, plaintiff/trustee for the Estate of Da-Sota Elevator Company on December 7, 1990, and the defendant, Minnesota Elevator, Inc., on December 17, 1990. By Complaint filed September 28, 1990, and premised upon section 547 of the Bankruptcy Code, the trustee seeks the recovery of alleged ...
Views: 2
*121MEMORANDUM OPINION Three Chapter 13 cases are consolidated for review here. The Commonwealth of Pennsylvania, Department of Public Welfare’s (hereinafter “Commonwealth”) has refused to comply with income attachment Orders issued by this court. While the Commonwealth has not sought to vacate these Orders, it has filed an answer to the trustee’s motion to enforce the income attachment in the cas...
Views: 0
*880 MEMORANDUM AND ORDER This is a complex, multi-faceted proceeding commenced by complaint filed on April 5, 1991, by the trustee who, in some 17 pages, detail circumstances he believes establish the defendants to be the alter ego of the Debtor, Dakota Drilling, Inc. (Dakota Drilling), and who he believes engaged in a series of transactions with themselves and with others which were prefere...
Views: 0
MEMORANDUM OPINION The matters presently before this Court are the Reorganized Debtor’s objection to the claim of Lincoln Liberty and various motions for Summary Judgment filed by both Lincoln Liberty and the Reorganized Debtor. Lincoln Liberty (“hereinafter “Lincoln”) is the owner of an office building (the “Building”) located at 625 Liberty Avenue, Pittsburgh, Pennsylvania. Lincoln...
Views: 1
MEMORANDUM OPINION AND ORDER AFTER TRIAL OF ADVERSARY PROCEEDING In this adversary proceeding, the Trustee sued James O. Marty (“Marty”) for avoidance of two transfers as either preferences or fraudulent conveyances under 11 U.S.C. §§ 547 or 548. The Estate of Ausencio L. *827Campos, through Steven Campos, Executor (“Campos”), after an order approving intervention, filed an answer and cross claim...
Views: 2
MEMORANDUM OPINION I. Background On December 6, 1990, the debtors filed their petition under Chapter 13 of the Bankruptcy Code. On February 12, 1991, the Internal Revenue Service (IRS) filed a $177,562.99 proof of claim for unpaid taxes, interest, and penalties for the 1981, 1982, 1983, 1984, and 1986 tax years. 1 On April 11, 1991, the debtors filed an objection...
Views: 0
ORDER DETERMINING AUTOMATIC STAY APPLIES This matter is before the court on the debtor’s motion to determine the applicability of the automatic stay to efforts to collect past-due child support obligations and the child support creditor’s response. The debtor appears by counsel David P. Troup of Weary, Davis, Henry, Struebing & Troup. The creditor appears by counsel R. Edgar Johnson. The ...
Views: 2
MEMORANDUM OF DECISION This case is before the Court on a motion to dismiss filed by the unsecured creditors’ committee. The committee claims that the debtor’s filing lacks good faith, as evidenced by the contents of the debtor’s disclosure statement and plan. The debtor is represented by Edward J. Nazar of Redmond, Redmond & Nazar of Wichita, Kansas. The unsecured creditors’ committ...
Views: 0
MEMORANDUM OPINION AND ORDER REGARDING MOTION TO DISMISS FILED BY THIRD PARTY DEFENDANTS This cause is before the court on the motion of the third party defendants to dismiss the third party complaint filed by the United States of America (Internal Revenue Service). At issue is whether this bankruptcy court possesses the subject matter jurisdiction necessary to hear the third party compla...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION This is a case of first impression in this District. It calls for a determination of whether post-petition rent is cash collateral when, before commencement of a debtor’s Chapter 11 case, a mortgagee invokes its rights under an assignment of rents clause to collect all future rents. Procedurally, this issue arises at final hearing of Deb...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT In this adversary proceeding, Universal Warehouse Co. (“Universal”) was sued by Jack F. Marlow, Trustee for the Julien Company (“Debtor”) in a complaint seeking a turnover of 380 bales of the debtor’s cotton which was stored by Universal and against which there were alleged to be lien claims for bale specific charges and...
Views: 0
ORDER On January 23, 1990, Margaret Frazier (debtor) filed a voluntary petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. The debt- or’s schedules reflect assets totaling $63,-106.64. The assets include two certificates of deposit (CDs) in the principal sums of $1,000.00 and $9,000.00. The assets also include $40,550.00 in property that the debtor...
Views: 0
ORDER On February 20, 1990, Mel-Hart Products, Inc. (debtor) filed a voluntary petition for relief under the provisions of chapter *198 11 of the United States Bankruptcy Code. On June 28, 1990, the case was converted to a proceeding under chapter 7 and M. Randy Rice, Esquire, was appointed trustee. On July 6, 1990, FabuGlass, Inc. (Fa-buGlass) filed a motion styled, “Motion ...
Views: 1
MEMORANDUM OPINION Judge Fairbanks, the involuntary bankruptcy debtor herein, has followed Judge Crater into the mists of the unknown. 1 Before leaving, he delivered to his attorneys his books and records from his part-time law practice, including his office records, cash receipts/disbursements journal, and records of various bank accounts and other assets arguably unknown to t...
Views: 1
*12 MEMORANDUM OPINION In this individual chapter 7 case, the debtor is seeking to either exclude from the estate — or claim as exempt — four retirement plans. Conversely, the trustee seeks to include the plans, totaling over $38,000 dollars, as non-exempt property of the estate. The questions presented are matters of first impression in this district. The Court of Appeals for th...
Views: 1
DECISION This matter is before the court on a motion for payment of administrative claim filed on behalf of Bank One and the debt- or’s objection thereto. By its motion, Bank One seeks an administrative claim on account of monies it paid to insure property of the bankruptcy estate after the date of debtor’s petition for relief under Chapter 11. The issues raised by the motion and the debtor’s o...
Views: 0
MEMORANDUM OF DECISION GRANTING KIMES’ MOTIONS TO DISMISS DEBTOR’S CASE AND FOR SANCTIONS; AND DENYING RELIEF FROM THE AUTOMATIC STAY On April 1, 1991, in the above-entitled matter, Movant Charles Kimes (hereinafter “Kimes” or “Movant”) brought on for hearing before the undersigned United States Bankruptcy Judge a motion to dismiss Debtor’s case under 11 U.S.C. § 1307(c), a motion for rel...
Views: 2
DECISION This matter is before the court with regard to that part of plaintiff’s complaint which is directed towards The Internal Revenue Service (IRS). The issues raised by the complaint as to all other defendants have been previously resolved, either by a decision of this court or by an agreement of the parties. By its complaint, the trustee seeks to subordinate the interest and penalti...
Views: 1
ORDER — EARNED INCOME TAX CREDIT AS ESTATE AND EXEMPT PROPERTY Trustee’s Objection to Debtor’s Claim of Exempt Property came on for hearing on June 6, 1991. The trustee, Robert D. Taha, appeared pro se and the debtor appeared by her attorney, Robert C. Oberbillig. At the conclusion of the hearing the Court took the matter under advisement under a briefing schedule. Briefs were timely submitted ...
Views: 0
136 B.R. 437 (1991) In re Nelson Bunker HUNT and Caroline Lewis Hunt, Debtors. In re William Herbert HUNT and Nancy Jane Broaddus Hunt, Debtors. R. Carter PATE, as Independent Trustee of the Nelson Bunker Hunt Liquidating Trust, and Steven S. Turoff, as Independent Trustee of the William Herbert Hunt Liquidating Trust, Plaintiffs, v. Houston Bunker HUNT, et al., Defendants. Nos. 388-35726-HCA-11,...
Views: 7
MEMORANDUM OF DECISION AND ORDER RE: DEBTORS’ MOTION TO AVOID LIENS Debtors filed a motion seeking partial avoidance of a creditor’s liens against two motor vehicles. The lienholder, Norwest Bank Minnesota South Central National Association, located in Mankato, resists the motion. Trial was held in Mason City, Iowa on October 8, 1991. This is a core proceeding under 28 U.S.C. § 157(b)(2)(...
Views: 0
MEMORANDUM OF DECISION RE: MOTION FOR MODIFICATION OF AUTOMATIC STAY AND FOR SETOFF The matter before the Court is the Motion for Modification of Automatic Stay and for Setoff filed by the Agricultural Stabilization and Conservation Service and the response thereto filed by Debtor. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). This ruling shall constitute Findings and Concl...
Views: 1
ORDER ON DEBTOR’S MOTION FOR SANCTIONS This matter came before the Court on the debtor’s Motion for Sanctions for Failure to Comply with Order Compelling Discovery. The debtor, on September 13, 1990, served on the United States Interrogatories and a Request for Production of Documents. The United States failed to respond to the debtor’s request. Consequently, on January 17, 1991, the debtor filed ...
Views: 0
MEMORANDUM OF OPINION THIS CASE is before the Court on the complaint of Chevy Chase Federal Savings Bank (Chevy Chase) the issuer of a credit card to the defendant, Terry Cacho, seeking to except its claim from discharge pursuant to 11 U.S.C. § 523(a)(2)(A). Both parties have filed motions for summary judgment and the matter came on for hearing on September 20, 1991. *865 At...
Views: 2
ORDER REOPENING BANKRUPTCY CASE This matter is before the Court on the Debtors’ Motion to Reopen the Bankruptcy to Allow Scheduling of Omitted Creditor. On the debtors’ schedules they did not list the Veterans Administration (“VA”) as a creditor. After the debtors’ discharge was granted, the United States of America, on behalf of the VA, filed, on May 20, 1991, a complaint in the United States ...
Views: 1
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S REQUEST FOR JURY TRIAL This matter is before the Court on Sunset Beach, Ltd.’s (“Sunset”) motion to strike Stocks Family Trust’s (“SFT”) request for a jury trial. In its answer to the amended complaint, the defendant, SFT, demanded a jury trial for all issues properly so triable. Plaintiff asserts that the defendant has no right to a jury trial ...
Views: 0
ORDER ON RESOLUTION OF ELECTION DISPUTE THIS MATTER came on for hearing on the motion of Paul M. Earnhart for resolution of a dispute over the alleged election of himself as trustee in the above titled Chapter 7 case. For the reasons set forth herein we find that there was no valid election of a trustee at the meeting of creditors held pursuant to provisions of 11 U.S.C. § 341 on August 6, 1991...
Views: 32
MEMORANDUM OPINION REGARDING THE FIRST APPLICATION OF ROSS & HARDIES FOR INTERIM ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES This matter comes before the Court on the First Application of Ross & Hardies (“R & H”), attorney for the Debtor, Adventist Living Centers, Inc., for Interim Compensation and Reimbursement of Expenses, the Objection of the First Trust National Associatio...
Views: 2
*286 DECISION For the first time in this district, the court is asked to decide whether chapter 13 debtors can bifurcate undersecured claims, secured only by a security interest in real property that is the debtor’s principal residence, into secured and unsecured claims, and to “cram-down” such claims. Fidelity Financial Services, Inc. (Fidelity), the sole creditor in this c...
Views: 0
MEMORANDUM AND OPINION REGARDING THE AMENDED FIRST APPLICATION AND THE SECOND APPLICATION OF ERNST & YOUNG FOR ALLOWANCE OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES This matter comes before the Court on the First and Second Applications of Ernst & Young (“E & Y”), accountant and financial advisor to the Debtor, for the Allowance of Interim Compensation and Reimbursement of Expen...
Views: 0
MEMORANDUM OPINION Came on for consideration the Motions to Dismiss filed by Goodyear Tire and Rubber Co. After considering the pleadings, evidence, and arguments of counsel, the court makes the following Findings of Fact and Conclusions of Law, and enters a separate Judgment in accordance herewith granting the Motions to Dismiss. To the extent any of the Findings of Fact herein are const...
Views: 0
MEMORANDUM OPINION Came on for consideration the Debtor’s First Amended Motion for Stay or Abatement of Proceedings, filed in the main case and Adversary Nos. 91-0103, 91-0125, 91-4372, and 91-4375. 1 After considering the pleadings, evidence, and arguments of counsel, the court makes the following Findings of Fact and Conclusions of Law, and enters a separate conforming Judgment denying the ...
Views: 2
MEMORANDUM DECISION I INTRODUCTION Dynamark, Ltd., the debtor and debtor-in-possession (“debtor”) applied to this court for authority to employ Stroock & Stroock & Lavan (“Stroock”) as reorganization counsel. Stroock disclosed in its application that it currently represented the interests of Security Pacific Business Credit, Inc. (“SPBC”), the largest secured creditor in the cas...
Views: 0
MEMORANDUM OF DECISION DENYING ATTORNEY’S FEES TO DEBTOR’S ATTORNEY OF RECORD, NAOMI R. BERNSTEIN, ESQ. The application of Debtor’s counsel for payment of attorney’s fees came on for -hearing before the undersigned United States Bankruptcy Judge on October 9, 1991; Applicant Bernstein appeared on her on behalf. While Chapter 7 Trustee Norman L. Hanover and United States Trustee attorney T...
Views: 1
ORDER ON DEFENDANT’S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT This matter comes before the Court on the motion of defendant Janet Tague, debt- or in this Chapter 7 case, to dismiss the plaintiff’s complaint, or in the alternative for summary judgment. *498 I. Plaintiff asserts claims pursuant to 11 U.S.C. §§ 523(a)(2), ...
Views: 1
DECISION REGARDING (1) MOTION OF NISSAN MOTOR CORPORATION IN U.S.A. FOR RELIEF FROM STAY TO PERMIT RECOUPMENT OR, IN THE ALTERNATIVE, SETOFF AND FOR RELATED RELIEF AND (2) THE CAPTIONED ADVERSARY PROCEEDING This matter comes before the Court by two converging routes. On July 17, 1991, debtor/plaintiff filed this adversary proceeding seeking turnover of property of the estate pursuant to 11 U.S....
Views: 1
OPINION This matter came before the court upon the objection of Paula Pfiefle (“claimant”) to confirmation of the debtor’s proposed chapter 13 plan. The debtors are represented by Wayne Godare of Snyder & Associates and the claimant is represented by Thomas Renn of Greene & Markley, P.C. The limited issue presented to the court at this time is whether the debtors are eligible for rel...
Views: 1
OPINION This matter comes before the court upon an objection to confirmation of the debtors’ *857 proposed chapter 13 plan. The objections were filed on behalf of Affordable Rent To Own, Inc. dba Rentown USA (“Rentown”). The debtors are represented by Magar E. Magar of Portland, Oregon and Rentown is represented by Kolleen Sebby, of Vancouver, Washington. The creditor objects to the propose...
Views: 0
MEMORANDUM OF OPINION AND ORDER 1 In this adversary proceeding the complainant, Sun Bank/Treasure Coast, N.A. (Sun Bank) seeks to have the Court determine the dischargeability of a debt owed by Charles Alvin Moore and Julia Mae Moore (Debtors). Following a trial on the matter, the foregoing constitutes the Court’s findings and conclusions wherein the debt owed to Sun Bank is determined to be ...
Views: 1
DECISION AND ORDER The issue for determination by the court is whether the debtors’ right of redemption under 11 U.S.C. § 722 expires upon the entry of the order discharging the debtors. For the reasons stated in this decision and order the court holds that the entry of the discharge order does not bar a motion by the debtors for redemption under 11 U.S.C. § 722. This case arises in the conte...
Views: 1
DECISION AND ORDER The trustee in bankruptcy in the above-captioned case has filed an adversary proceeding under 11 U.S.C. § 547(b) to avoid an alleged transfer by the debtor to First American Bank of Virginia (hereinafter First American). First American has filed a motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and Bankruptcy Rule 7012. For ...
Views: 0
MEMORANDUM OPINION The matter before the court involves an objection by Crestar Bank (hereafter “Crestar”) to the trustee’s final report of debtors’ estate. Crestar asserts a right to distribution as an unsecured creditor for a deficiency on the sale of certain real property. The real property secured debtors’ promissory note to Crestar. Crestar claims that its motion for relief from stay...
Views: 0
MEMORANDUM OPINION This matter is before the Court upon the Motion to Dismiss herein filed by Farmers Home Administration (FmHA) pursuant to 11 U.S.C. § 707(a) on March 20, 1991. An evidentiary hearing was held on the matter and briefs have been filed by the parties. The Debtors herein are employed in the Lincoln County, Kentucky school system and at the time of their prior Chapter 11 proceed...
Views: 0
MEMORANDUM OPINION Plaintiffs filed an adversary Complaint for a determination of nondischargeability on May 17, 1991. Service of the summons and complaint was made by mail upon debt- or at her residence and business addresses on August 27th, 1991. No further pleadings were served upon debtor or her attorney. On September 20,1991, debtor filed a motion to dismiss the adversary complaint f...
Views: 0
*908 OPINION I. Introduction Presently before the court are the cross-motions of plaintiff, West Electronics, Inc. (“West”), the debtor herein, and defendant, National Union Fire Insurance Co., Inc. (“National Union”), for summary judgment as to liability under a policy of insurance previously determined by this court to be in force and effect at the time of the loss. Fo...
Views: 1
MEMORANDUM ORDER AND OPINION Plaintiff filed this action pursuant to 11 U.S.C. § 523, alleging that his debt is excepted from discharge. The court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334. The issue is whether a debt resulting from a state court judgment for conversion is dischargeable in this Chapter 7 bankruptcy. The court finds that plaintiff did not esta...
Views: 0
ORDER ON OBJECTION TO CONFIRMATION OF PLAN INTRODUCTION On June 3, 1991, debtors filed a petition for relief under Chapter 13 of the Bankruptcy Code. 1 Debtors are indebted to Cash America Investments, Inc. (“Cash America”) in the amount of $540 based upon three pawn tickets given on April 1, 1991 for $295; on April 8, 1991, for $108; and on May 18, 1991, for $114. To secu...
Views: 0
MEMORANDUM DECISION Gleischman Sumner Company (“GSC”), appointed to liquidate the debtor under Chapter 11 plans confirmed in the cases of Carley Capital Group (“CCG”), James E. Carley, and David Carley (collectively referred to hereafter as the “Debtors”), objects to the priority use tax claim of the *52State Board of Equalization of the State of California (the “Board”). The objection is directe...
Views: 1
MEMORANDUM OPINION Before the court is the motion of the debtor, Elliott Ludwell Shearer, to avoid Crestar Bank’s lien on certain dental equipment which he claims as exempt pursuant to Va.Code § 34-26(7) and the motion of Crestar Bank objecting to the exemption. FACTS On his schedules filed in this proceeding, the debtor claimed certain equipment which he uses in his dental practice as exem...
Views: 0
MEMORANDUM OF DECISION RE: MOTIONS TO DISMISS, MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY, AND MOTIONS TO TRANSFER VENUE The matters before the Court are the Motion to Dismiss, Motion for Relief From the Automatic Stay, and Motion to Transfer Venue filed by The Mutual Life Insur- *253 anee Company of New York and the Motion to Dismiss, Motion for Relief From the Automatic Sta...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On August 8, 1991, 499 W. Warren Street Associates Limited Partnership (“Debtor”) moved by way of an Order to Show Cause for a temporary restraining order prohibiting Niagara Mohawk Power Corporation (“NiMo”) from terminating utility service to Debtor’s property. Concomitantly, Debtor moved for a hearing to determine whet...
Views: 1
MEMORANDUM AND ORDER On January 16, 1991, a Chapter 13 Confirmation Hearing was held on the above- *138 styled case. Counsel for the creditors, Mary M. Tutt and Lawrence W. Tutt, appeared at the Confirmation Hearing and indicated their intent to file a Motion for Relief from Stay in order to proceed against Debtor, Wanda M. Whipple, with an action in Superior Court for damage...
Views: 1
ORDER ON DEBTOR’S OBJECTION TO CLAIM This matter is before the Court upon the Objection to the Claim of Federal National Mortgage Association filed by Lois H. Campbell (“Debtor”) and the Memorandum in Opposition to Debtors (sic) Objection to Claim and Request for Hearing filed by Federal National Mortgage Association (“Federal”). A hearing was held on September 16, 1991, at which time the...
Views: 0
ORDER ON MOTION TO CLASSIFY THRIFT SAVINGS PLAN This matter comes before the Court upon the Motion of the Debtors to have this Court authorize the separate classification of the Thrift Savings Plan loan in their Chapter 13 proceeding. As grounds for *537 the Motion, the Debtors point to the fact that the administrator of the Thrift Savings Plan has indicated the following: 1)...
Views: 0
ORDER All three of the above-styled cases concern the same legal issue and involve the same operative facts. Each of the debtors filed a voluntary petition under the provisions of chapter 7 during the time that a debtor’s entitlement to exempt property was limited to state exemptions pursuant to Ark.Code Ann. § 16-66-217 (1987). 1 On March 5, 1991, Ark.Code Ann. § 16-66-217 (...
Views: 1
OPINION INTRODUCTION James M. Ford, the Chapter 7 Trustee in this case (no relation to the undersigned), moves to dismiss the United States Trustee’s Motion to remove him as the Chapter trustee. Alternatively, he seeks enforcement of the Court’s Rule 2004 examination order and sanctions for the United States Trustee’s failure to comply with that order. Lastly, Mr. Ford moves for disqualification ...
Views: 1
OPINION AND ORDER ON REQUEST FOR CONFIRMATION OF CHAPTER 11 PLAN This matter is before the Court on the requested confirmation of a second amended plan of reorganization (“Plan”) proposed by Chapter 11 debtor, Laurel Glen Apartments of Acworth, Ltd., (“Laurel Glen”). No objections were filed to confirmation. The Court has an independent duty to find that all elements for confirmation have been met...
Views: 0
OPINION AND ORDER GRANTING MOTION TO REOPEN CASE This matter is before the Court on a motion filed by Robert M. Storey (“Trustee”) seeking to reopen this bankruptcy case. The Court has jurisdiction in this matter under 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district. This is a core proceeding which this bankruptcy judge may hear and determine under 28 ...
Views: 1
OPINION AND ORDER DENYING MOTION OF TRANSOHIO SAVINGS BANK FOR CLASS CERTIFICATION I.Preliminary Considerations And Facts Now before the Court is a motion (the “Class Certification Motion”), filed by TransOhio Savings Bank (“TransOhio”), seeking certification of a plaintiff class in this adversary proceeding. The defendant, The Huntington National Bank (“Huntington”), opposes the Class Certific...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Complaint to Determine Dischargeability of Debt. A Pre-Trial was held at which time the parties decided to have the issue determined on the written arguments of counsel. The Plaintiff filed a Motion for Summary Judgment to which the Defendant failed to answer. The Court granted an Order for Continuance to the Defendant after th...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Trustee’s Objection to Debtor’s Claim of Exemption and Request for Turnover of Insurance Policy Cash Surrender Value. At the Hearing, the parties had the opportunity to present the evidence and arguments they wished the Court to consider in making its decision. The Court has reviewed the testimony from the Hearing, ...
Views: 0
*854MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Determine Dis-chargeability of Debt. At the Trial, the parties were afforded the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the exhibits, the evidence and arguments presented, as well as the entire record in this c...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Debtors’ Objection to Huntington Mortgage Company’s Proof of Claim for arrearages. At the Hearing, the parties were afforded the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. The parties also filed post-Hearing Briefs relative to the issue of the propriet...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Debtors’ and Trustee’s Objections to Relief from Stay and Abandonment by Miles Homes, Inc. At the Hearing, the parties were afforded the opportunity to present the evidence and arguments they wished the Court to consider in making its decision. The Court ordered the parties to file post-hearing memoranda on th...
Views: 0
OPINION On consideration before the court is a motion to dismiss, as well as, a motion for a jury trial filed by the defendant, Rodney H. Lee, d/b/a Columbia Sales Co.; responses to said motions having been filed by the plaintiff/trustee, Jacob C. Pongetti; and the court having considered same, hereby finds as follows, to-wit: I. The court has jurisdiction of the subject matter ...
Views: 1
MEMORANDUM AND ORDER This adversary proceeding was commenced by the Trustee on May 28, 1991 seeking to avoid as a preferential transfer a mortgage given to the Defendant, E. Will Vatnsdal (Will) by the Plaintiff/Debtor, Theo J. Vatnsdal (Theo) pursuant to section 547 of the Bankruptcy Code. Trial was held on September 24, 1991. In addition to the evidence produced at trial, the parties stipulat...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Defendant’s Motion for Summary Judgment. The Defendant challenges whether the Trustee should be allowed to reach the Defendant’s assets in order to satisfy the debts and obligations of the Debtor due to res judicata principles and the running of the statute of limitations. The Court has reviewed the written arguments of counse...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on the Complaint to Determine Dis-chargeability of Debt. At the Trial, the parties were afforded 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 presented, as well as the entire record in this case. Based upo...
Views: 18
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Avoid Preference. At the Trial, a conflict arose as to whether Ohio Citizens Bank had a properly perfected security interest. The resolution of the Complaint hinged upon the efficacy of Ohio Citizens Bank’s security interest. The Court continued the preference issue until a determination of the perfection i...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Determine Dis-chargeability of Debt. At the Trial, the parties determined that the matter could be decided on the pleadings. Both parties submitted post-trial briefs. The Court has reviewed the post-trial briefs, as well as the entire record in this case. Based upon that review, and for the following reas...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Complaint for Turnover of Assets and for Denial of Discharge. A Trial was held at which time 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 testimony, the documents admitted at Trial, the arguments of counsel,...
Views: 1
*847 MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Complaint to Determine Dischargeability of Debt. Only Martin J. Holmes and Associates chose to defend. Consequently, this Court ordered that a default judgment be granted to the Plaintiff and against the other Creditor/Defendants, Neil Salenger, M.D., Northwest Memorial Hospital, Alexandria Yoneck, and that the debts to ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Complaint to Determine Dischargeability of Debt. A Pre-trial was held at which time the parties decided to have the issue determined on the written arguments of counsel. The Defendant filed a Motion for Summary Judgment to which the Plaintiff filed a Reply. The Court has reviewed the written arguments of the counsel and the releva...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Debtors’ Motion to Reconsider Order Approving Trustee’s Assumption of Executory Contract. During the Hearing, the parties had the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. At the conclusion of the Hearing, the Court ordered the parties to submit bri...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on the Complaint to Determine Dis-chargeability of Debt filed by ITT Financial Services. At 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 testimony, the documents which were admitted at Trial, and t...
Views: 0
*660 MEMORANDUM OPINION AND ORDER This cause comes before the Court after Trial on Complaint to Determine Dis-chargeability of Debt. At the Trial, the parties were afforded the opportunity to present the evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the testimony, exhibits, and the arguments of counsel, as well as the en...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on B & B Company’s Request for Payment of Administrative Expenses. The Trustee and the Securities Investor Protection Corporation have filed Memoranda in Opposition in response to B & B Company’s Motion. The Court has reviewed the written arguments of counsel, the relevant case and statutory law, as well as the entire record in this c...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on the United States Trustee’s Motion for Relief from Order Appointing the law firm of Marshall & Melhorn as counsel for the Debtor. At the Hearing, the parties were afforded the opportunity to present the arguments and evidence they wished the Court to consider in reaching its decision. The Court has ...
Views: 1
MEMORANDUM AND ORDER This adversary proceeding, commenced by the trustee in 1988, involves a prepetition transfer of farmland from father to son. The trustee is seeking avoidance of the transfer as a fraudulent conveyance under the Uniform Fraudulent Conveyance Act as enacted in North Dakota. N.D.Cent.Code ch. 13-02. 1 Trial was held on June 25, 1991. From the evidence produced at trial the...
Views: 1
MEMORANDUM DECISION ON MOTION TO SUBSTITUTE PROPER PARTY The death of Patsy Eads, who is a debtor in this bankruptcy case and a defendant in this adversary proceeding, occasions this decision regarding the effect of death in the context of a bankruptcy case and an adversary proceeding. I write because of the dearth of reported decisions on: (1) procedure following death of a debtor; (2) p...
Views: 0
MEMORANDUM DECISION DENYING MOTION TO DISMISS This motion to dismiss a third-party complaint poses the question of whether the supplemental jurisdiction statute, 28 U.S.C. § 1367, may be invoked in connection with federal jurisdiction over civil proceedings arising under the Bankruptcy Code or arising in or related to bankruptcy cases. 1 28 *390 Ü.S.C. § 1334(b). I...
Views: 1
ORDER The above-styled bankruptcy case is before the Court on the approval of Debtor’s First Amended Disclosure Statement. A hearing was held on February 21, 1991, after which the matter was taken under advisement. The issues now before the Court involve the confirmability of Debt- or’s Plan. TM Monroe Manor Associates, Ltd. (Debtor) is a Georgia limited partnership formed in 1983 to own and oper...
Views: 0
ORDER The above-styled contested matter is before the Court on the Motion for Relief from Stay and to Prohibit Use of Cash Collateral filed by NCNB National Bank of North Carolina (“NCNB”). A hearing was held on February 12, 1991, at which time the Court heard evidence and argument of counsel. The Court also requested briefs on the issue of whether NCNB has a validly perfected security interest i...
Views: 0
MEMORANDUM OF DECISION RE: MOTIONS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM The matters before the Court are the Motion for Determination of Secured Status and Allowance of Administrative Expense [insurance proceeds on vehicles], the Motion for Determination of Priority Claim and Allowance of Administrative Expense [labor], and the Motion for Determination of Secured Status and Allow...
Views: 1
OPINION ON MOTION TO SET ASIDE FORECLOSURE AND OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN The debtors filed a petition under Chapter 13 on August 2, 1991 some two hours *222 after Union Bank & Trust Company 1 foreclosed the debtors’ interest in their residence. 2 The debtors then filed a motion to set aside the foreclosure sale. The motion states no ...
Views: 4
ORDER Before the court is the motion of First Union National Bank of Georgia (“First Union”) to dismiss the third-party complaint of Standard Chartered Bank (“Standard Chartered”) on the ground that the court lacks subject matter jurisdiction. The court will grant First Union’s motion based on the following findings and conclusions. FACTS Standard Chartered and First Georgia Ban...
Views: 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE OBJECTION TO VARIOUS LEASE CLAIMS FILED BY THE TRADE CREDITORS’ COMMITTEE A hearing was held on January 22, 1991, before this Court on the “Objection to Vari *529 ous Lease Claims” [Obj. to Claims Doc. (“Doc.”) No. 431] (the “Objection”) filed by the Trade Creditors’ Committee (the “Committee”). Due notice of said hearing was pro...
Views: 0
MEMORANDUM OPINION This cause came to be heard upon debt- or’s motion to dismiss her chapter 7 bankruptcy case more than one year after receiving discharge. At a hearing held on September 17, 1991, the chapter 7 trustee objected to the motion and the court took the matter under advisement. For the reasons stated in this memorandum opinion the debtor’s motion to dismiss will be denied. ...
Views: 0
MEMORANDUM OPINION This adversary proceeding was brought by Peter and Stephanie Havenstein against Louise Reynolds Freeman, the debtor, seeking to except from discharge their claim against the debtor pursuant to 11 U.S.C. § 523(a)(2)(A) & (B). A trial was held on February 7-8, 1991. At the end of the Havensteins’ case, the debtor moved this court for an involuntary dismissal pursuant...
Views: 0
DECISION RE PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS V AND VI The plaintiff, the Chapter 7 trustee of the estate of Tax Reduction Institute, sought in Counts V and VI of his complaint to recover from W. Murray Bradford certain post-petition payments to Bradford from the debtor. Although these transfers occurred during the so-called “gap period” between the date of filing ...
Views: 0
DECISION ON PLAINTIFFS MOTION FOR SUMMARY JUDGMENT SEEKING DETERMINATION THAT BANK’S ALLEGED LIEN AGAINST ESCROW FUNDS HAS EXPIRED AND/OR IS UNENFORCEABLE The Debtor seeks a determination, by summary judgment, that the residual portion of a certain escrow account constitutes property of the Debtor’s estate. The Defendants, Trustbank Savings, F.S.B. (“Trustbank”) and United Postal Savings ...
Views: 0
MEMORANDUM OPINION AND ORDER Defendant Shirleen Reitz, a Chapter 7 debtor, has moved under Fed.R.Civ.P. 12(b)(6) made applicable here through Bankruptcy Rule 7012(b) to 'dismiss the plaintiff’s complaint seeking nondischarge-ability of a $19,121.31 debt. Plaintiff claims that this debt is nondischargeable under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(6). Since the complaint states suffi...
Views: 0
ORDER The Court having considered the ILGWU National Retirement Fund’s “Motion for Relief in the Alternative Under Fed.R.Bankr.P. 9024 and Fed.R.Civ.P. 60(b), Fed.R.Bankr.P. 8002(c) or Fed.R.Bankr.P. 3008” (the “Fund’s Motion”), and all papers filed in connection therewith, including the Fund’s supporting memorandum of law and the opposition memorandum of the Debtor United Merchants and Manufactu...
Views: 2
MEMORANDUM OF DECISION (Motion for Allowance of Administrative Expenses Filed by General Electric Company) Before the court is the application of the General Electric Company for the allowance of an administrative claim under 11 U.S.C. § 503(b)(1)(A). That section provides: § 503. Allowance of administrative expenses (b) After notice and a hearing, there shall be allowed administrative expenses, o...
Views: 0
MEMORANDUM The issues before the court are whether a lien held by Sears, Roebuck and Company is secured or unsecured and whether the lien may be avoided under 11 U.S.C. § 522(f) as a non-purchase money, non-pos-sessory security interest in exempt property. I conclude that Sears’ lien is secured and that the lien may not be avoided. Sears has successfully developed a structure for its consumer f...
Views: 1
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW This matter comes before the Court on a motion by the debtor to set aside a garnishment of the United States of America, Internal Revenue Service (hereinafter USA-IRS), and on a motion of Elaine Bauman, (f/k/a Elaine Bottensek and f/k/a Elaine Gruetzmacher) creditor, for turnover of assets. The debtor is Carmen Walter Gruetz-mac...
Views: 1
MEMORANDUM OF OPINION This adversary proceeding is before the court for entry of judgment following trial. At issue is a complaint to determine the dischargeability of debts that the plaintiff, Chicago Midwest Service Corporation “Chicago Midwest”, alleges that it is owed by the debtor/defendant, Frank Trovato, for funds that Trovato acquired while working for Chicago Midwest. For the rea...
Views: 0
*832 MEMORANDUM OPINION Introduction and Procedural Background The plaintiff, Thomas L. Visotsky, initiated this adversary proceeding on September 30, 1990, pursuant to § 523(a)(2)(A) of the Bankruptcy Code. His complaint seeks exception from discharge of a state court judgment against the debtor, George A.C. Woolley, III, involving the sale of a security based on an unt...
Views: 0
MEMORANDUM OPINION This cause came before the court on plaintiffs’ motion for default judgment. For the reasons stated below the plaintiffs’ motion will be granted except as to their request for punitive damages. Findings of Fact This adversary proceeding arose from an alleged scheme on the part of the debtor in which he sold “exclusive” sales and distribution rights for a product known as “Chem...
Views: 0
MEMORANDUM OPINION This matter comes before the court upon debtor’s motion for stay pending appeal of this court’s dismissal of the debtor’s chapter 11 case pursuant to 11 U.S.C. § 1112. For the reasons stated in this memorandum opinion, the debtor’s motion will be denied. Findings of Fact The debtor initially filed a voluntary chapter 11 petition on March 13,1990. The petition was filed ...
Views: 1
MEMORANDUM OPINION This matter comes before the court upon the motions of The Chase Manhattan Bank, N.A. (“Chase”), and Sawyer Savings Bank (“Sawyer”) to dismiss the debtor’s chapter 11 case pursuant to 11 U.S.C. § 1112 on the ground that the case was not filed in good faith. Findings of Fact The debtor filed a voluntary chapter 11 petition on March 11, 1991. The petition was filed on the...
Views: 0
MEMORANDUM OPINION The plaintiff, a law firm, represented debtor’s former spouse in divorce litigation in which two monetary judgments were entered against the debtor for attorney fees due plaintiff. This adversary proceeding arises under plaintiff’s complaint for declaratory relief requesting this court to determine that the two judgments are in the nature of spousal support and therefor...
Views: 0
OPINION This matter came on to be heard on the applications for attorney’s fees filed by the Debtor’s law firm. A brief statement as to *958 the history of this Chapter 11 proceeding is necessary in order to put this Court’s ruling on the applications into context. The Debtor owned a motel facility and held a Holiday Inn franchise. The operation of the motel was conducte...
Views: 0
Memorandum of Decision on Trustee’s Objection to Claim of Exemption Debtor William Alan DeVoe (“the Debt- or”) has claimed as exempt assets his interest in an employer-sponsored retirement plan, valued at $67,229.78, and his interest in a 401(K) plan, valued at $4,900.00. He argues that both are exempt under Massachusetts law, G.L. c. 235, § 34A. The Chapter 7 Trustee, Henry C. Ellis,...
Views: 0
*308 ORDER ON MOTION TO DISMISS OR IN THE ALTERNATIVE FOR RELIEF FROM AUTOMATIC STAY On June 14, 1991, Movant, Teacher Retirement System of Texas (TRST) brought the above styled motion and for reasons set forth herein the court will grant the motion by lifting the automatic stay, for cause, per 11 U.S.C. § 362(d)(1). The facts are not in dispute and may be quickly summarized...
Views: 1
MEMORANDUM OPINION This matter came before the court upon the defendant debtor’s motion to dismiss as not timely filed the plaintiff’s complaint to determine dischargeability of a debt. Hearing was held on August 1, 1991, at which time the court took the matter under advisement. The sole issue to be decided at this time is whether the debtor’s failure to list plaintiff as a creditor on his bank...
Views: 0
OPINION This matter having come before the Court for hearing on a Motion to Dismiss Pursuant to 11 U.S.C. § 707(b) filed by the U.S. Trustee and a Reply to Motion to Dismiss Pursuant to 11 U.S.C. § 707(b) filed by the Debtors; the Court, having heard arguments of counsel and having reviewed the record of Debtors’ Chapter 7 Bankruptcy, makes the following findings of fact and conclusions of law ...
Views: 1
MEMORANDUM OPINION Debtor/Plaintiff, Michael Starr, filed a complaint with this court to permanently enjoin the Commonwealth of Virginia from proceeding with a criminal prosecution now pending in the Circuit Court for the City of Petersburg. 1 The parties have submitted memoranda in support of their positions and have stipulated all relevant facts. For the reasons stated below, this court den...
Views: 0
MEMORANDUM OPINION In this chapter 13 case, the court must resolve a conflict between competing claimants to payment under a promissory note secured by a deed of trust on realty of the debtors. Robert L. Gilliam, III, and John A. Chandler each filed secured claims to payment of the note, and each has objected to the other’s claim. A hearing was held on the objections on April 24, 1991. ...
Views: 0
FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW Two good men, Semler and Lee Made a Deal that could not be Reserving title on delivery They ran afoul of the UCC And so Star Bank over its opponents Holds secure the “Kentucky Components.” The rather complex facts underlying this commercial transaction belie the two relatively simple issues before the Court. Th...
Views: 0
MEMORANDUM OPINION I. Introduction Plaintiffs seek to have their claims against defendants determined nondis-chargeable under 11 U.S.C. § 523(a). A trial was held on June 17th, 19th, 20th, and 21st. At the close of plaintiffs’ case, counsel for Mr. Brown moved for a directed verdict. Based upon the pleadings submitted, evidence presented, and argument of counsel, Mr. Brown’s ...
Views: 1
ORDER AND MEMORANDUM OPINION DENYING DEBTOR’S CLAIM FOR EXEMPTION Before the Court is the Trustee’s Objections to the Debtor’s Claimed Exemptions. The Court has jurisdiction over this contested matter under 28 U.S.C. §§ 1334(a) and 157(a), and the District Court’s Order of Reference of Bankruptcy Cases and Proceedings. A proceeding on an objection to a debtor’s claim to exempt property is...
Views: 1
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS TO CONFIRMATION FILED BY CERTAIN MUNICIPAL CLAIMANTS This cause came before the Court for hearing on Friday, December 13, 1991, at 10:00 p.m., upon Objections to Confirmation of the Second Amended Joint Plan of Reorganization of GENERAL DEVELOPMENT CORPORATION filed by the City of North Port, Sarasota County and Charlotte County (collecti...
Views: 0
MEMORANDUM OPINION On March 7, 1991, the court held hearing on confirmation of the debtor’s chapter 11 plan. Other issues considered at the hearing included: (1) a motion by Island Brook Holding Company (“IBHC”) for temporary allowance of its claim for purposes of accepting or rejecting the plan; (2) objections to the plan filed by IBHC and the Small Business Administration (“SBA”). During ...
Views: 1
MEMORANDUM OPINION The movant, Delores F. Davis, is the debtor’s former spouse. In this chapter 7 case she filed a motion for relief from the automatic stay seeking to permit the Circuit Court for the County of Fairfax to proceed with an equitable distribution of property belonging to her and the debtor. At a hearing held on March 7, 1991, the debtor’s trustee in bankruptcy opposed the motion...
Views: 0
MEMORANDUM OPINION Hearing was held on May 16, 1991, on motion of James P. Owings, a secured creditor, to reopen this dismissed case and enter an order of dismissal with prejudice. 1 The debtor filed no response to the motion and failed to appear and oppose the motion. For reasons stated in this opinion, the motion will be granted. Owings’ counsel also filed a similar motion on May 10,1991,...
Views: 0
MEMORANDUM Hearing was held on September 3, 1991, on the motion to dismiss filed by Ellingson Motors and First National Bank of Wayne. William Stanek of Omaha, Nebraska, appeared on behalf of the debtor. James Mitchell, of Baird, Holm, MeEachen, Peder-sen, Hamann & Strasheim, Omaha, Nebraska, appeared on behalf of the Bank. T. Randall Wright and Joyce Dixon of Dixon & Dixon, P.C., Omaha, Nebraska...
Views: 2
*269 MEMORANDUM The question is whether Williamson County’s oversecured claim for real property taxes includes statutory penalties, fees and costs. The claim includes penalties, but does not include fees and costs. I. The debtor filed Chapter 11 in August of 1989. A plan proposed by the Bondholder Committee was confirmed on May 14,1991. The confirmed plan provides for p...
Views: 2
MEMORANDUM OPINION The matter before the court, a motion to award costs and attorneys’ fees to AEG Westinghouse Transportation Systems, Inc. (hereafter AEG), the plaintiff in an action for interpleader, has been submitted to the court on the pleadings and briefs. The pleadings establish that OEM Industrial Corporation (hereafter Debtor), Birmingham Square and National Factoring Services, Inc., ...
Views: 0
ORDER ON MOTION TO AVOID LIEN THE ISSUE AND THE PLEADINGS In January 1991, debtors executed a promissory note in the amount of $4,443.56 with American General Finance, Inc. (“AGF”). Debtors at that time also granted AGF a nonpossessory, nonpurchase money security interest in the following property: A Pentex [sic] Camera; a Kodak projector; four (4) rods and reels; a ten-speed bicycle...
Views: 2
OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT I. Preliminary Matters Huntington National Bank (“Huntington”) commenced this action for non-dis-chargeability of a debt allegedly owed it by the debtor, Howard K. Parton (“Debtor”), the defendant in this adversary proceeding. Huntington now seeks summary judgment on its complaint. The Debtor has not responded to either the ...
Views: 0
ORDER ON AMENDED FIRST APPLICATION FOR INTERIM EXPENSE REIMBURSEMENT OF THE OFFICIAL UNSECURED CREDITORS’ COMMITTEE This matter is before the Court on the Amended First Application for Interim Expense Reimbursement of the Official Unsecured Creditors’ Committee (the Amended Application). National Rural Utilities Cooperative Finance Corporation (CFC) has objected to the Amended Application. Th...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon Davis, Graham and Stubbs’ First Application for Interim Allowance and Payment of Professional Fees and Disbursements for Debtor’s Counsel filed November 20, 1990. Dependable Insurance Co., Inc. and Dependable Warranty Co., Inc. (collectively “Dependable”), as well as the United States Trustee and the Chapter 7 Trustee, o...
Views: 2
MEMORANDUM OPINION The hearing on the Confirmation of First Amended Chapter 11 Plan of Reorganization came on regularly before the above-entitled court on October 23, 1991. An objection to confirmation was filed by creditor Carrie Sattley. No other written objections were filed. The debtor was represented by D. Max Gardner of the law firm Noriega & Alexander. Creditor Sattley wa...
Views: 1
ORDER SUSTAINING RENT-A-CENTER’S OBJECTION TO CONFIRMATION OF DEBTOR’S PLAN AS PROPOSED AND APPROVING DEBTORS’ PLAN AS MODIFIED This matter came before the undersigned United States Bankruptcy Judge on Rent-A-Center, Inc.’s (“RAC”) objection to confirmation of Debtors’ chapter 13 plan and Debtors’ response thereto. A hearing was held on this matter on September 26, 1991. O. Max Gardner, III app...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT I Statement of Proceedings The Adversary Proceeding came before the Court on a Motion for Summary Judgment filed by Calumet National Bank (hereinafter: “Defendant”) on October 3, 1991, along with a Brief/Memorandum in Support of Motion for Summary Judgment. By Order of this Court dated October 10, 1991, Anthon...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT I Statement of Proceedings This Chapter 11 case came before the Court on a Motion for Summary Judgment filed by Eastman Kodak Company, (hereinafter: “EKC”) on April 3, 1991. EKC requests the Court enter a Summary Judgment as to its Motion for Payment of Post-petition Administrative Expenses. By Order of this Co...
Views: 1
*6MEMORANDUM DECISION ON OBJECTIONS TO THE ALLOWANCE OF CLAIMS OF ANTHONY J. AND ELLEN FORESTA This matter was heard on September 17, 1991, on the objections of the debtor and the creditors’ committee to claims filed by Anthony J. and Ellen Foresta. In lieu of testimony, the matter was presented by submissions of counsel. The Foresta claim consists of three distinct elements. First, Mr. Foresta se...
Views: 1
OPINION AND ORDER This case is before the Court upon the motion of debtor to modify the confirmed Chapter 11 plan and confirm the plan as modified. A hearing was held on April 22, 1991, at which time the court took the matter under advisement and granted the parties twenty days to file briefs as to whether the plan is substantially consummated within the meaning of 11 U.S.C. § 1101(2)(B) ...
Views: 0
*73 MEMORANDUM OPINION At Birmingham, in said District this 25th and 26th day of July, 1991, before Arthur B. Briskman, Bankruptcy Judge. 1 This matter came before the Court on the complaint of the trustee, James G. Henderson, to avoid certain transfers to Defendant, National Bank of Commerce. After due consideration of the pleadings, testimony, arguments of counsel ...
Views: 1
DECISION AND ORDER On remand from the appeal of our Decision and Order dated December 29, 1988, the District Court, Pettine, Senior J., directs us to: (1) recalculate damages to comport with that Court’s rulings as to foreseeability and proximate cause; (2) articulate the reasons for our denial of the Reposas’ Complaint to Determine Validity of Liens *811 held by North Atlant...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW On August 27 and 28, 1991, the Court held a hearing (the “Hearing”) on confirmation of the Third Amended Plan of Reorganization under Chapter 11 of the United States Bankruptcy Code for Greyhound Lines, Inc. and its Affiliated Debtors (as modified, the “Plan”) filed by the Debtors. 1 Appearing at the Hearing were counsel for the Debtors, ...
Views: 0
ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR ATTORNEY FEES, AND ORDER OF DISMISSAL This matter comes before the Court on the Combined Motion to Dismiss Adversary Proceeding and for Attorney Fees (“the Motion to Dismiss” and “the Motion for Attorney Fees”) filed on April 16, 1991, by the Debtor. The Court now grants the Motion to Dismiss, denies the Motion for Attorney Fees, and order...
Views: 0
*20 REVISED MEMORANDUM OPINION AND ORDER PERTAINING TO APPLICATION OF PALMER AND PALMER, P.C. TO HAVE FEES REVIEWED IN CONNECTION WITH BANKRUPTCY FOR REASONABLENESS FACTUAL BACKGROUND 1. Palmer and Palmer, P.C. (“Applicant”) has filed an application to have fees reviewed in connection with bankruptcy for reasonableness. 2. Applicant was engaged by Mr. and Mrs. Hargis in...
Views: 0
ORDER ON BENZ’ MOTION TO COMPEL UNITED STATES TRUSTEE TO PRODUCE DOCUMENTS CAME ON for hearing on November 13, 1991 the motion of Benz to compel United States Trustee to produce documents. After hearing the arguments of the parties, the court reset the matter for November 14, 1991, so that the motion to abandon assets to Benz could be heard and the question of Benz’ standing with regard to the Tr...
Views: 0
MEMORANDUM OPINION AND ORDER The Official Unsecured Creditors’ Committee of Herby’s Foods, Inc., the debtor, requests that the court subordinate the claims of Summit Coffee Company, Inc., Dunnam-Snyder Company and the Snyder Company, Inc., the claimants, and avoid the liens of Summit and Dunnam. Neither Summit nor Dunnam has asserted its lien position in these proceedings. This opinion addresse...
Views: 0
OPINION OF THE COURT This matter is before the Court on the creditors’ motion for leave to file a “late” complaint objecting to discharge pursuant to 11 U.S.C. § 727. The parties have submitted briefs to this Court and have stipulated as to the facts. The threshold issue is whether the creditors’ complaint was timely filed pursuant to Bankruptcy Rule 4004(a) or should it be allowed to be ...
Views: 0
MEMORANDUM DECISION I. The debtor, Duane L. Linzmeier, owns a house which is encumbered by two real estate mortgages. Neither mortgagee holds other security. On December 2,1986 Bull’s Eye Credit Union, (“Bull’s Eye”), recorded its mortgage. The note secured by the mortgage provides that the principal sum of $23,224.67 is to be repaid with interest at ten percent (10%). Under the term...
Views: 0
MEMORANDUM DECISION I. Arthur L. and Gloria R. Burgess own a house in Beloit, Wisconsin, which is subject to a real estate mortgage securing a debt to Mortgage Default Services (“MDS”). There is no other security for the debt. On January 22, 1990, the Burgesses filed a joint petition under Chapter 13 of the Bankruptcy Code. In their schedules, the debtors claim their house as a ...
Views: 1
ORDER AND NOW, to wit, this 30th day of January, 1991, upon consideration of the Stipulation, attached hereto as Exhibit “A”, representing agreement among all parties in interest, upon the parties’ certification *342that the United States Trustee has no objection to the request for entry of this Order, and the Court being duly advised in the premises, it is hereby ORDERED that the Stipulation be,...
Views: 0
OPINION ON COMPLAINT TO RECOVER MONEY OR PROPERTY In this Chapter 13 ease filed on September 23, 1991, and now awaiting a decision on confirmation and a decision on a motion to lift stay filed by R.B. Leavell, the debtor filed a complaint on October 9, 1991, seeking to have this court determine that the actions of R.B. Leavell, the defendant, in seeking to terminate the interest of this debtor ...
Views: 1
MEMORANDUM OPINION Before me is a motion styled “Alleged Debtors’ Motion for an Award of Fees and Expenses.” The motion arises from an involuntary petition filed on December 27, 1990 against the movants by three entities: Robert Duffany, Trustee of Roberts Associates, Inc. Pension Plan; Jaffe & Co., P.C.; and, Jaffe & Co., P.C. Employee Pension & Profit Sharing. The movants req...
Views: 1
ORDER DENYING MOTION FOR RECONSIDERATION CAME ON for consideration the Chapter 7 Trustee’s Motion for Reconsideration, wherein this court is urged to reconsider its decision of January 14, 1991, 124 BR 239, overruling the Trustee’s objection to the Debtors’ claim of exemption in the proceeds of an uninsured/underinsured motorists insurance claim. The Trustee raises only one issue in his motion: wh...
Views: 0
MEMORANDUM OF OPINION AND ORDER In a matter of apparent first impression in this District and Circuit, the Court is asked to determine whether fees awarded to a guardian ad litem (GAL) by a state domestic relations court are dischargeable in bankruptcy. Following a trial proceeding, the Court’s findings of fact and conclusions of law are set forth below. Janet M. Lever (Defendani>-Debt...
Views: 0
MEMORANDUM OPINION This matter is before the court on the motion of Gary and Barbara Tarpley, debtors, to avoid a judgment lien pursuant to 11 U.S.C. § 522(f). FACTS The debtors filed a petition under Chapter 13 of the Bankruptcy Code on March 19, 1990. They own a home in the City of Martinsville, Virginia. The house is assessed for 1990 tax purposes at $29,700.00 by the City of Martinsville. Mr. ...
Views: 0
OPINION AND ORDER This case comes upon the trustee’s objection to the debtor’s claim of exemptions in two Employee Retirement Income Security Act (hereinafter “ERISA”) 29 U.S.C. § 1001 et seq. qualified pension plans. Thanks to the commendable efforts of counsel, all relevant facts have been determined by stipulation. STIPULATED FACTS On June 22, 1990 Dr. Ronald J. Wy...
Views: 0
MEMORANDUM The question presented is whether the directors of the debtor corporation had authority to file a bankruptcy petition, notwithstanding removal of those directors by the pledgee of the corporation’s stock at a secret meeting of shareholders. Because the pledgee failed to prove compliance with applicable state corporation law, the board of directors had authority to file the peti...
Views: 0
MEMORANDUM This is a Chapter 11 case in which a trustee was appointed. The trustee requests interim compensation at an hourly rate of $75.00 for a total of $14,275.00. The United States Trustee objects asserting that under § 326(a) a Chapter 11 trustee may only be compensated by the payment of a statutory percentage fee. I conclude that the objection should be sustained. Compensation for ...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THESE ARE Chapter 11 cases and the matters under consideration are cross Motions for Summary Judgment filed by Jim Walter Homes, Inc. (Debtor) and by Fran-cies Roberts (Roberts). These motions are presented in a contested matter involving the Debtor’s Objection to the Claim of Roberts. Following is a brief review of the facts, which are admittedly wit...
Views: 0
MEMORANDUM AND ORDER ON DEBTOR’S REQUEST FOR INJUNCTION TO HALT VIOLATION OF AUTOMATIC STAY The above-styled adversary proceeding was commenced in the above-styled chapter 13 bankruptcy case by the complaint of the debtor, Roger Dale Farmer, filed herein on January 4, 1991, at 10:56 a.m. Said chapter 13 bankruptcy case is pending before this Court under the debtor’s petition filed in this Court...
Views: 0
MEMORANDUM, OPINION AND ORDER FACTS This matter comes before the court on the trustee’s motion for summary judgment. The question is whether the trustee’s denial of the brokerage customers’ claims for dividends that would have been earned had the funds been invested as in *844 structed by the customers is proper under the Securities Investor Protection Act (“SIPA"). In S...
Views: 4
MEMORANDUM OF DECISION GRANTING DEFENDANT CLARE BROTHERS MOTION TO DISMISS Before the court is Defendant, Clare Brothers, motion to dismiss Plaintiff R.M.R. Corporation’s Amended Complaint to Recover Account Receivable. Defendant asserts first, that the Bankruptcy Court lacks personal jurisdiction over the Defendant and second, that venue in the District of Maryland is improper. The underlying fa...
Views: 3

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