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 1993

Opinions in bankr-lexis Volume 1993

MEMORANDUM OPINION Debtors filed their petition for relief under Chapter 7 on October 8, 1992. The schedules indicated the likelihood that there would be no distribution and creditors were so advised. Included in the assets were 13 separate pieces of real estate valued at $1,290,000.00 by the debtor. Also according to the debtor, there were $1,054,228.00 in secured claims against the prop...
Views: 2
MEMORANDUM OPINION Randy Russell Steffens and Sharon Ann Steffens, formerly known as Sharon Ann Ridenour, hereinafter known as debtors, filed this adversary action against Citicorp Mortgage, Inc. to set aside a pre-petition foreclosure sale by Citicorp Mortgage, Inc. Debtors contended that the foreclosure constituted a fraudulent transfer in the technical sense of the word under the provi...
Views: 2
MEMORANDUM OPINION Debtor filed a petition for relief initially under Chapter 11. The case was subsequently converted to a Chapter 7 and has had a somewhat involved history. The State Bank of Hallsville, hereinafter creditor, filed its adversary complaint in two counts. The first count was under 11 U.S.C. § 523(a)(2)(A) and alleged that debtor had transferred, sold, or disposed of five items of...
Views: 0
*487 MEMORANDUM OPINION The subject of awards of attorney fees is perhaps the “most delicate” issue which a Bankruptcy Court must consider. See In re Chou-Chen Chemicals, Inc., 31 B.R. 842 (Bkrtcy.W.D.Ky.1983). This matter is before the Court along with several other Chapter 13 fee applications as a result of the Sixth Circuit’s remand of In re Boddy, 950 F....
Views: 1
OPINION A. INTRODUCTION Presently before this court are (1) a motion of EDWARD DERWINSKI, the Secretary of Veterans Affairs (“the Secretary”), seeking relief from the automatic stay (“the Stay Motion”) to evict VICTORIA SHIELDS (“the Debtor”) from her home at 1858 East Atlantic Street, Philadelphia, Pennsylvania 19134 (“the Home”); (2) confirmation of the Debtor’s Chapter 13 Plan of ...
Views: 1
DECISION ON MOTION BY NICHOLAS AND MARIE NEU DECLARING THEM PARTIES IN INTEREST AND GRANTING THEM LEAVE TO COMMENCE ADVERSARY PROCEEDINGS ON BEHALF OF AMERICAN MOTOR CLUB, INC. This matter comes before the Court on the motion of Nicholas and Marie Neu (jointly “the Neus”) declaring them parties in interest in this case pursuant to § 1109 of the Bankruptcy Code, and granting them leave (a)...
Views: 0
MEMORANDUM OPINION ON CREDITORS’ MOTIONS FOR: (1) EXTENSION OF THE RULE 4007(c) DEADLINE AND (2) A RULE 2004 EXAMINATION OF THE DEBTORS On November 30,1992, creditors Colonial National Bank, First Card Chicago National Bank, Citibank Maryland Choice N.A., Citibank South Dakota N.A., First of America S.E. N.A. and Signet Bank, through their attorneys, Shermeta, Chimko & Kilpatrick, P.C., f...
Views: 1
MEMORANDUM OPINION ' AND ORDER THIS MATTER comes before the Court upon Richard W. Burkey and Betty Bur-key’s (the “Claimants” or “Creditors”) Motion for Summary Judgment and Brief in Support filed November 18, 1992 and the Response in Opposition thereto filed by Jim Verdieck the liquidating agent under the Debtors’ confirmed plan of reorganization (the “Debtors’ Liquidating Agent”) on Dec...
Views: 0
OPINION ON CLASSIFICATION OF CLAIMS AND RELIEF FROM THE AUTOMATIC STAY Few issues in current bankruptcy practice are as litigated as that presented in *1013 this dispute. General Electric Credit Corporation (“GECC”) moves pursuant to Fed. R.Banlcr.P. 3013 for a declaration that 500 Fifth Avenue Associates, the debtor in this single asset chapter 11 real estate case, has impro...
Views: 1
MEMORANDUM AND ORDER ON LIABILITY FOR A PREFERENTIAL TRANSFER The chapter 7 trustee commenced this adversary proceeding to set aside a preferential transfer to the White Mountain Construction Company and its general partners, James and Peter Bette, and to recover the value of the property transferred. For the reasons that follow, Peter Bette is jointly liable for the value of the property transfer...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Debtor David Crooks (“Debtor”) filed his petition for relief under Chapter 7 of the Bankruptcy Code. Gaudio Motors (“Gau-dio”) moved the Court for several forms of relief: A. That the Automatic Stay be modified, lifted and vacated to permit this secured creditor to pursue its state court remedies arising out of Debtor’s default of its Motor Vehicle Reta...
Views: 1
OPINION AND ORDER GRANTING MOVANT’S MOTION TO MODIFY THE AUTOMATIC STAY This matter is before the Court pursuant to Ginger Edmondson’s (“Movant”) Motion to Modify the Automatic Stay and Motion for Authorization to File Proof of Claim. After due consideration of the motion, the applicable law, the record herein, material facts not in dispute and under the present posture of the Chapter 11 case, ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW, RE: DEBTOR’S OBJECTION TO CLAIM NO. 267 This matter is before the Court upon the objection of debtor-in-possession Retail *685 Marketing Company (“RMC”) to claim number 267 filed by the Internal Revenue Service (“IRS”) on behalf of the United States of America. 1 In its objection, RMC challenges the classification of those taxes listed in the United ...
Views: 0
OPINION Before the court is defendants’ motion under 28 U.S.C. § 1452(b) and B.R. 9027(d) requesting that we remand this action to the district court where it was originally commenced. 1 Because we find that we lack subject matter jurisdiction over that portion of this action which involves the non-debtor plaintiffs, that the portion of this action which involves the debtor plaintiffs is not ...
Views: 2
MEMORANDUM-OPINION This matter is before the Court on the motion for payment of administrative fees and expenses filed by the law firm of Bam-berger & Abshier, attorneys for the Unsecured Creditors’ Committee. The applicant requests that the Court enter an order allowing compensation in the amount of $8,976.00 for professional services rendered to the Unsecured Creditors’ Committee and $1...
Views: 0
DECISION ON COMPLAINT FOR AN ORDER DECLARING DEBT DUE FEDERAL DEPOSIT INSURANCE COMPANY NONDISCHARGEABLE The Federal Deposit Insurance Corporation (“FDIC”), as successor in interest to the First New York Bank for Business (“FNYBB”), has objected to the discharge-ability of its claim against the debtor under 11 U.S.C. § 523(a)(2)(B). The FDIC alleges that Martin Reisman (“Reisman”), the de...
Views: 1
DECISION ON MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR LEAVE TO AMEND ANSWER, FOR STAY PENDING APPEAL AND DISMISSAL OF COMPLAINT The Chapter 7 trustee in bankruptcy of the above-captioned debtor, Mary Jane Rundlett, has moved pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, as incorporated by Rule 7056 of the Federal Rules of Bankruptcy Procedure, for summary judgment...
Views: 0
MEMORANDUM OF OPINION RE MOTION FOR RELIEF FROM THE AUTOMATIC STAY William Little brings the instant motion for a determination that the trustee’s sale that occurred on September 17, 1992 is entitled to protection under 11 U.S.C. § 549(c) and for an order annulling the automatic stay in order to allow Little to proceed with his unlawful detainer action in state court. FACTS On July 30, 1992...
Views: 0
MEMORANDUM, OPINION AND ORDER This matter is before the court on the motion of the Chapter 13 Trustee, Jack McCullough, to modify the confirmed Chapter 13 plan of the Debtor, Edna Phelps, to increase the percentage that unsecured creditors will receive under the confirmed plan. For the reasons discussed below, the court denies the Trustee’s motion. FACTS On August 29, 1989, the Debtor, Edna...
Views: 1
OPINION Comes now before the Court the Fee Application of Bartholow & Milbank, Attorneys for Clicks Billiards, Inc., pursuant to regular setting in Tyler, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Fed. R.Bankr.P. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND Speeds Billiards & Games, Inc., her...
Views: 0
DECISION ON MOTION OF THE TRUSTEE FOR AN ORDER STRIKING THE DEBTOR’S CLAIM OF EXEMPTIONS This matter is before the Court on the motion of the Trustee, Stuart P. Gelberg, Esq. (“the Trustee”) who seeks an order pursuant to 11 U.S.C. § 522 striking the claim of exemptions by the Debtor, Leopold L. Corbi (“the Debtor”) and to recover costs. This Court has jurisdiction over this matter pursua...
Views: 1
OPINION Factual Background Lyons Transportation Lines, Inc. Et Al (“Debtor”) filed its Petition for relief under Chapter 11 of the Bankruptcy Code on October 19, 1990. The case was converted to a proceeding under Chapter 7 on January 24, 1991. Vedder J. White (“Trustee”) was appointed a trustee. Prior to its demise, the Debtor operated as a motor carrier which provided transportation serv...
Views: 1
OPINION The instant proceeding represents this court’s first extensive encounter with the 1984 amendments to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e, et seq. (“PACA”), which, as amended in 1984, provides that producers of commodities covered by PACA are entitled to a “floating trust” on proceeds of sales of those commodities. Despite our general skepticism ...
Views: 1
MEMORANDUM OPINION In the six-hundredth year of Noah’s life, in the second month, seventeenth day of the month, the same day were all the fountains of the great deep broken up and the windows of heaven were opened. Genesis 7:11 The Chicago River and the streets of the City of Chicago, in the Northern District of Illinois, are underlaid by a series of subterranean tunnels. Those ...
Views: 0
MEMORANDUM OF DECISION This Chapter 13 case comes before the Court on what is usually a routine matter: a debtor’s motion to avoid a lien on wages that were deducted prepetition in order to enforce a judgment. The appropriateness of such motions was affirmed, over various creditor objections, in In re Weatherspoon, 101 B.R. 533 (Bankr.N.D.Ill.1989). In the present case, a new a...
Views: 0
MEMORANDUM DECISION The matters before the Court are objections to the Chapter 7 Trustee’s proposed scheme of final distribution. The distribution proposes to pay the two major secured creditors of the bankruptcy case and numerous 11 U.S.C. § 506(c) expenses. The Section 506(c) administrative expenses are not to be paid on a pro rata basis, however. Some of the Section 506(c) expenses wer...
Views: 0
MEMORANDUM OF OPINION The defendants in these adversary proceedings seek to remand or transfer the proceedings to the United States District Court for the Southern District of Ohio (the “Dayton Court”) pursuant to 28 U.S.C. §§ 1452 and 1412. In the alternative, they request this Court to abstain from hearing these adversary proceedings pursuant to 28 U.S.C. § 1334(c)(1). Background ...
Views: 0
DECISION AND ORDER Heard on December 2, 1992 on three separate pleadings: (1) Motion of creditor Thomas Tarro (Tarro) to adjudge the Trustee in contempt; (2) Trustee’s Petition for Instructions; and (3) Motion of Modern Plastics for relief from stay. At the close of the hearing, Tarro submitted a legal memorandum addressing the application of the doctrine of res judicata regarding his motion to a...
Views: 0
MEMORANDUM OPINION This matter came to be heard on the Motions of the Debtor, GARRY WINER, and the Trustee, LEONARD GROUPE, for a Rule to Show Cause why E F & G, LTD. should not be held in Contempt of Court. Findings of Fact In 1983, Garry Winer [Winer] formed Challenger Corporation [Challenger] and was Challenger’s sole shareholder and president. Challenger’s Articles of Incorporation authoriz...
Views: 0
MEMORANDUM OF OPINION This opinion deals with the Debtor’s attempt to confirm a plan in this 1988 case. The Debtor’s original plan was modified February 14, 1989. At the confirmation hearing on September 15, 1992, the Debtor proposed further modifications to his plan in an effort to achieve confirmation. Both the standing chapter 13 trustee (the “Trustee”) and Society National Bank (the “Bank”)...
Views: 1
MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO CLAIM FOR DAMAGES UNDER § 502(b)(6) Debtor’s objection to Landlord’s claim requires us to decide 1 whether rent paid post-petition but pre-rejection must be deducted from the § 502(b)(6) 2 cap on damages allowable for termination of a lease after rejection. We hold that post-petition rents are not deducted in determinin...
Views: 2
OPINION Presently before this court is a Motion (“the Motion”) of ROBERT S. TAYLOR, the former Chapter 11 Trustee in the above-captioned related bankruptcy cases prior to their conversion to Chapter 7 cases (“the Trustee”), seeking to compel the Bank of America, N.T. & S.A. (“BOA”) to pay whatever statutory commissions he may be granted and to pay $160,730.39 previously awarded, and whate...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VALUATION Ponderosa Enterprises, Inc. (“Pondero-sa”) objects to confirmation of the debtors’ Chapter 13 plan. Gary and Lori Ferguson (“debtors”) valued their 1988 Subaru GL-10 station wagon at $3,500.00 for the purposes of their Chapter 13 plan. Ponderosa, the assignee of the security interest in the vehicle, contends this value is too low. Section 1...
Views: 0
MEMORANDUM OPINION These contested matters raise the issue of whether a chapter 7 debtor’s claims of exemption for assets in the amount of $1.00 each, to which no timely objection is taken, constitutes a complete exemption of the assets despite their actual value in excess of $1.00. The issue must be resolved by the court in the context of plaintiffs’ motions for *403 re...
Views: 0
MEMORANDUM OF DECISION On April 8, 1992, Paul and Patricia Cullen (“Debtors”) filed their joint petition pursuant to 11 U.S.C. Chapter 13, listing on their schedules of assets certain residential real estate with a fair market value of $95,000.00, 1 and an outstanding balance on two mortgages of $98,894.00. 2 Thus, as of case commencement, Debtors enjoyed no equity i...
Views: 0
MEMORANDUM OF DECISION The question presented to this Court is whether The TJX Companies, Inc. (“TJX”) remains liable for certain lease obligations to' Bond Street Associates, Limited (“Bond Street”), in light of developments in the bankruptcy of Ames Department Stores, Inc. (“Ames”), an assignee of TJX. By a lease dated April 8, 1985 (the “Lease”), Bond Street’s predecessors in interest leased...
Views: 0
*10 OPINION Emilio 0. Gonzales and Bernadine A. Gonzales (the “Debtors”) have claimed a $4,235 exemption on their home at 254 Worcester Street, North Grafton, Massachusetts under section 522(d) of the Bankruptcy Code. They now move pursuant to section 522(f) to avoid entirely the $300,000 attachment lien on the property held by First National Bank of Boston (“the Bank”). Presented is the ques...
Views: 1
SUPPLEMENTAL OPINION I. This matter is before the Court on the motion for relief from the stay for cause under § 362(d)(1) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (1989) (the Code), filed by Mutual Life Insurance Company of New York (MONY). MONY’s theory is that the stay should b'e lifted or annulled because the petition was not filed in good faith. Washtenaw Huron Investment C...
Views: 2
ORDER WITHDRAWING AND REISSUING MEMORANDUM OPINION IT IS ORDERED that the Memorandum Opinion in this matter issued December 18, 1992, is hereby withdrawn and the opinion enclosed herewith is issued in its place. MEMORANDUM OPINION This matter came before the Court on Debtor’s Motion to Recover Garnished Wages in Violation of Stay. Having considered the facts, the memoranda of la...
Views: 0
MEMORANDUM OPINION Two Chapter 7 debtors filed what are generally considered to be routine motions to avoid wage deduction liens under § 522(f)(1). Section 522(f)(1) authorizes a debtor to avoid a judicial lien that impairs an exemption to which the debtor would otherwise be entitled. General Motors Acceptance Corporation (“GMAC”), the objecting creditor in both cases, contends (1) that t...
Views: 3
MEMORANDUM OPINION JURISDICTION This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11) and 28 U.S.C. § 157(a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district). This matter is a core proceeding under...
Views: 1
ORDER ON DEBTOR’S OBJECTION TO CLAIM THE PRESENT CASE On August 19, 1992, debtor filed her petition herein under Chapter 13 of the Bankruptcy Code. 1 Thereafter, Internal Revenue Service (“IRS”) timely filed its proof of claim dated September 15, 1992, in the total amount of $69,575.90. 2 On October 21, 1992, debtor filed her objection to the allowance of the ...
Views: 0
MEMORANDUM. OPINION This matter comes before the Court on Plaintiffs Motion to Dismiss and to Enjoin Debtor from Filing Additional Bankruptcy Cases or in the Alternative, to Lift Automatic Stay. This is a core proceeding under 28 U.S.C. §§ 157(b)(2) and 157(b)(2)(G) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below and...
Views: 1
MEMORANDUM The trustee’s objection to exemption of a tax refund is sustained and turnover of the refund is granted. The following constitute findings of fact and conclusions of law. Bankr.R. 7052. I. The chapter 7 debtor, Kenneth Larish, claims a “survivorship interest” in an income tax refund as exempt property. The tax return was filed, and the taxes paid, prior to the bankruptcy petition...
Views: 1
MEMORANDUM, OPINION AND ORDER This matter is before the court on two motions of Petersen-Lund Paint Company brought under Fed.R.Civ.P. 12(b)(6), made applicable to adversary proceedings in bankruptcy cases by Fed.R.Bankr.P. 7012, to dismiss Count IX of an adversary complaint brought by the trustee, Alexander S. Knopfler, against Petersen-Lund. 1 The first motion seeks to dismis...
Views: 2
ORDER — APPLICATION TO ENTER INTO LONG TERM LEASE AND SALE WITH LNF CORPORATION The Chapter 11 Trustee’s Application to Enter into Long Term Lease and Sale with *121 LNF Corporation came on for telephonic hearing on December 23, 1992. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(M). Upon having considered the record herein, the arguments and briefs of counsel, the court now e...
Views: 0
AMENDED OPINION ON DEFENDANT'S MOTION TO DISMISS COMPLAINT I. INTRODUCTION In this leveraged buyout case the trustee has brought several causes of action against the former owners of the debtor corporation. Defendants have moved to dismiss the entire complaint, under Fed. R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(6), on the grounds that these causes of action are barred by the two-ye...
Views: 1
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This adversary proceeding came on before the Court on November 3, 1992, for hearing on Plaintiffs motion for summary judgment. Plaintiff appeared by its attorney, Douglas B. Greenswag. Defendant appeared by his attorney, John F. Stock-man. Upon the moving and responsive documents, the briefs and arguments of counsel, and the other fil...
Views: 1
MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS This adversary proceeding was initiated by a complaint filed on September 21,1992, and the filing fee of $120.00 was paid at that time. Service has been made pursuant to applicable Federal Rules of Bankruptcy Procedure (“F.R.B.P.”) upon the debtor as defendant and the debtor’s attorney. The defendant moved to dismiss the advers...
Views: 2
MEMORANDUM DECISION DENYING MOTION OF CREDITOR TO TRANSFER VENUE OF CHAPTER 7 CASE OF PARTNER TO THIS DISTRICT IN WHICH PARTNERSHIP’S CHAPTER 11 CASE IS PENDING A creditor of an individual debtor has sought to have this court transfer venue of his Chapter 7 case from Washington, D.C. to this district under Bankruptcy Rule 1014(b) because the debtor was a general partner of a partnership a...
Views: 1
ORDER DENYING DEBTOR’S “MOTION TO DISGORGE COMPENSATION AND REIMBURSEMENT OF EXPENSES PAID TO CLARK, LAD-NER, FORTENBAUGH & YOUNG, TO IMPOSE DISCIPLINARY SANCTIONS FOR MISCONDUCT AND TO AWARD COMPENSATORY SANCTIONS” THIS CAUSE was heard December 10, 1992 on the Debtor’s “Motion to Disgorge Compensation and Reimbursement of Expenses Paid to Clark, Ladner, Fortenbaugh & Young (‘CLF & ...
Views: 0
ORDER DENYING MOTION TO STRIKE ORDER SETTING OSC HEARING AND DIRECTING TURNOVER TO TRUSTEE THIS CAUSE came before the Court on January 5, 1993 upon the Court’s December 10, 1992 Order to Show Cause Why the L.A.W. Clinic Should not be held in Contempt of Court. The Debtor appeared and testified. The panel trustee, Marcia Dunn, also appeared and argued. Daniel Schramek filed a response in pro-pr...
Views: 0
MEMORANDUM ON MOTION OF FEDERAL DEPOSIT INSURANCE CORPORATION TO DISMISS COMPLAINT I. INTRODUCTION The matter before the Court for determination is the Motion of the Federal Deposit Insurance Corporation (“FDIC”), in its capacity as Receiver of Southstate Bank for Savings (“Southstate”), to Dismiss the Complaint of the Chapter 11 Debtor, Continental Financial Resources, Inc. (“CFR” o...
Views: 1
MEMORANDUM I. INTRODUCTION The matter before the Court is a Motion for Reconsideration filed by Fleet Bank of Massachusetts (the “Bank”). The Bank is asking the Court to reconsider an order. That order vacated a previous order that allowed its motion for summary judgment. The Court conducted a hearing on the Bank’s Motion for Reconsideration on October 1, 1992, The Court made certain findings...
Views: 1
MEMORANDUM OF DECISION Creditors Harvey and Colleen Schwartz (“Schwartz’s”) object to the debtors’ proposed Chapter 11 plan. Debtors-in-possession Todd and Vicki Eitemiller (“debtors”) contend the plan meets all of the requirements for confirmation. After a hearing, two issues are now before the court: (1) whether the plan unfairly discriminates against unsecured, nonpriority creditors by wrong...
Views: 0
MEMORANDUM OF DECISION This matter is before the Court on the motion of Ronald Schoen, trustee’ in bankruptcy (“trustee”) for LeRoyce and Cynthia Ethington (“debtors”), to disburse funds. The Farmers Home Administration of the U.S. Department of Agriculture (“FmHA”) and the debtors have both filed objections to the trustee’s motion. FACTS Debtors filed their joint chapter 12 pet...
Views: 1
MEMORANDUM AND OPINION BACKGROUND On August 5,1992 the debtor, William E. Diliberto (the “Debtor”) filed a petition initiating a Chapter 13 case. On his Schedules the Debtor listed his residence at 220 Golf Avenue, Pittsford, New York (“Golf Avenue”) as having a value of $85,000, and being subject to: (1) a first mortgage lien in favor of Citicorp Mortgage, Inc. (the “Citicorp Mortgage”) with an o...
Views: 0
MEMORANDUM OPINION AND DECISION A hearing on a Motion for Summary Judgment filed by Gary Wayne and Dianne Lea Matravers (debtors) was held. Gary G. Kuhlmann and John N. Brems appeared for the debtors; Kirk C. Lusty appeared for the United States. The matter was taken under advisement. The Court now issues the following decision. FACTS On December 3, 1984, the debtors filed a cha...
Views: 0
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT THIS CAUSE came on for hearing upon the Insurance Company’s1 Motion for Partial Summary Judgment as to Count One Regarding Debtor’s Claim for Insurance Outside of the “Products Hazard” for Asbestos-in-Building Claims and Debtor’s Motion for Partial Summary Judgment that the Definition of “Products Liability” Claims Does Not Include Alleged Negligent F...
Views: 1
OPINION FACTS On or about June 9, 1986, the Federal Deposit Insurance Corporation, as receiver for Heritage Bank (“FDIC”), obtained a judgment against debtor Thomas Morgan (“Morgan”) in the amount of $53,174.18. After recording an abstract of judgment, the FDIC initiated a proceeding in California state court to levy on real property owned by Morgan. On February 21, 1990, the Ca...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the January 6, 1993 hearing on the motion of Kenneth Scott Nelkin and Teresa Kay Nelkin (hereinafter “debtors”) for immediate discharge of debtors. The debtors appeared in person and by and through their attorneys, Bruce E. Strauss, Robin L. Rusconi, and Scott B. Haines. Midland Bank of Overland Park (hereinafter “cr...
Views: 0
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS is a yet to be confirmed Chapter 11 case and the matter under consideration is a one-count Complaint filed by Rentclub, Inc. (Debtor) challenging the extent, validity and priority of a lien claimed by Trans-america Rental Finance Corporation (Transamerica). Both the Debtor and Transamerica have filed Motions for Summary Judgment contending that t...
Views: 0
ORDER ON FIFTH AMENDED JOINT PLAN OF REORGANIZATION THE MATTER under consideration in these consolidated Chapter 11 cases involving Mulberry Phosphates, Inc., f/k/a Roy-ster Company and two of its subsidiaries, Mid-Atlantic Fertilizer and Pennsylvania Fertilizer, Inc. (Debtors), is the Fifth Amended Joint Plan of Reorganization (Plan). The Plan, which has obtained the full approval of the...
Views: 1
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS is a confirmed Chapter 11 case, and the matter under consideration is an adversary proceeding filed by Bicoastal Corporation (Debtor) against Victoria H. Clear (Clear), a former employee of the Debtor. In its complaint, the Debtor seeks a determination by this Court that a “contract of *217 employment between the Debtor and Cle...
Views: 0
ORDER ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AND REPUBLIC BANK’S MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is a claim asserted by V. John Brook, Jr., Trustee-in-Bankruptcy (Trustee), against Republic Bank, a Banking Corporation (Bank). The claim of the Trustee is based on § 549 of the Bankruptcy Code which permits the Trustee to invalidat...
Views: 1
ORDER DENYING REQUEST FOR PAYMENT OF ADMINISTRATIVE EXPENSES AND ESTABLISHMENT OF PRIORITY FILED ON FEBRUARY 21, 1984 BY LEROY GONZALEZ, JR. THIS IS a Chapter 11 case commenced by a voluntary Petition of Relief filed by Fulwood Enterprises, Inc., d/b/a Fulwood Farms, Ronnie D. Fulwood and Glinda Ful-wood (Debtors) on April 27, 1982. The matter under consideration is a Request for Payment ...
Views: 0
ORDER GRANTING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AND DENYING ROBIN HARRINGTON’S MOTION FOR SUMMARY JUDGMENT THIS IS an adversary proceeding commenced by Lauren Johnson (Trustee), Trustee of the estate of Taylor & Cam-paigne, Inc. d/b/a Taylor & Associates (Debtor), against CMT Holding Limited, t/a The Prudential Florida Realty (Prudential or Selling Broker) and Robin Harrington (Harri...
Views: 4
ORDER ON TRUSTEE’S AMENDED OBJECTION TO CLAIM OF EXEMPTION THIS is a Chapter 7 liquidation case and the matter under consideration is an Objection and Amended Objection to Claim of Exemption filed by the Chapter 7 Trustee, and a Response to the Trustee’s Objection filed by Michael Kaiser (Debtor). The facts which are relevant to resolution of this controversy are as follows. The Debt...
Views: 0
ORDER ON “MOTION FOR AN ORDER OF SURRENDER OF NONRESIDENTIAL PROPERTY TO THE LESSOR” (sic) THIS IS a Chapter 11 case and the matter under consideration is a “Motion For An Order Of Surrender Of Nonresidential Property to the Lessor” (sic) filed by Sarasota Quay U.S. Partnership, Ltd. (Sarasota Quay). The Motion is filed pursuant to § 365(d)(4) of the Bankruptcy Code and is based on the co...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO EXEMPTIONS CLAIMED BY DEBTOR This is a Chapter 7 case and the matter under consideration is an Objection to the Debtor’s Claim Exemption filed by the Trustee. The facts relevant to the case as established by the record and set forth at the duly noticed hearing are without dispute, and can be summarized as follows: Harry R. Esterson, the father of Richard Clinto...
Views: 0
ORDER This matter is before the court on the objection of Richard D. Ellenberg, Chapter 7 Trustee (“Trustee”), to the proofs of claim filed by Mutual Benefit Life Insurance Company in Rehabilitation (“Mutual Life”) and NationsBank, f/k/a The Citizens and Southern National Bank (“Nations-Bank”) (also hereafter collectively referred to as “Claimants”). This is a core proceeding pursuant to ...
Views: 1
MEMORANDUM OPINION ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT This adversary proceeding came to be heard on plaintiffs’ motion for summary judgment. On December 10, 1992, the Court announced its ruling partially granting the motion and advising that the oral ruling would be supplemented by a written opinion. This opinion supplements and expands upon the Court’s ruling at the December 10, ...
Views: 1
ORDER ON TORCISE’S FIFTH AMENDMENT OBJECTION THIS CAUSE came before the Court for hearing on December 9, 1992. The hearing was scheduled by the Court in its previous order on Torcise’s Fifth Amendment Objections to determine, question by question, the validity of Torcise’s objections to deposition questions based on his Fifth Amendment privilege against self-incrimination. At the hearing, the part...
Views: 0
MEMORANDUM OF OPINION The above-styled Chapter 7 bankruptcy case is before the Court on a Motion for Order Requiring Turnover of Rents Received by Trustee filed by Velma Bloss, Linda Olsein, J.C. Blackmon, Jr., Don R. Henderson, Clinton E. Muth, Virginia Muth, A.L. Bramlett, Beverly McDonald Rasmussen Clark, James Rasmussen, Daniel A. Rasmussen, Willene J. Thomason, and C.L. Holmes (“Movants”)....
Views: 0
OPINION I On appeal is a summary judgment that the claim of the Federal Deposit Insurance Corporation (“FDIC”) against Albert Yar-brow (“Debtor”) is nondischargeable. We AFFIRM. II FACTS In early 1984, the State Federal Savings and Loan Association of Corvallis, Oregon (the “Association”), had a troubled loan in excess of $10 million secured by an abandoned Air Force b...
Views: 1
OPINION The bankruptcy court granted the debt- or’s motion for summary judgment and denied the creditor’s motion for summary judgment, holding that debtor’s educational loan was not funded in part by a nonprofit institution and therefore not within the exception to discharge under § 523(a)(8) 1 . 139 B.R. 948. We REVERSE and REMAND. I. FACTS The essential facts are not in dispute. Debtor/...
Views: 2
OPINION The creditor appeals the bankruptcy court’s authorization of the refiling of a new bankruptcy petition by the debtors after dismissal of a previous petition which was improperly filed within the 180-day period proscribed by 11 U.S.C. § 109(g)(2) 1 . We AFFIRM. *602 I.FACTS The facts are not in dispute. On January 5, 1989, appellant Paul Greenwell (“Green-well”) was awarded...
Views: 0
OPINION Lolita Malone Newland filed an Adversary Complaint to Determine Tax Liabilities and for Order Authorizing the Trustee to Pay Tax Obligations of the Estate. Currently before the Court is the Motion by Defendants, United States of America and the Department of Treasury, Internal Revenue Service, to Dismiss the Adversary Proceeding. The Court concludes that the Defendants’ Motion to Dismiss ...
Views: 0
OPINION AND ORDER ON ASSESSED PENALTIES The United States of America, through its agency, the Internal Revenue Service (“IRS” or the “Government”), conducted an *965 audit of the Debtor’s (“Debtor” or “Crad-dock”) tax returns for the tax years 1981, 1982, 1983 and 1985. After the completion of that audit, the IRS assessed taxes for each of those years. The IRS also assessed various penalties ...
Views: 0
MEMORANDUM OPINION Plaintiffs James J. Martin and Patricia J. Martin (“plaintiffs” or “debtors”) moved this Court for a preliminary injunction against the Internal Revenue Service (“IRS”) and an Order to Show Cause Re Contempt for Violation of Court Order regarding confirmation of the plan of reorganization, specifically procedures for determining and collecting income taxes for the tax years 1...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on January 4, 1993, upon the Trustee’s Objection (the Trustee was joined by Boulder Creek Farms in the objection) to the amendment to Claim No. 43 filed by the Internal Revenue Service (“IRS”). *56This case was filed on January 7, 1991, as a Chapter 11 case. On May 1, 1991, the case was converted to Chapter 7 and on May 7, 1991, the Trus...
Views: 0
MEMORANDUM OPINION AND ORDER This adversary proceeding was submitted for decision on stipulations and briefs. Upon consideration thereof, and of the record herein and in the above-styled case under 11 U.S.C. Chapter 7, whereof judicial notice is taken, the Court, pursuant to F.R.B.P. 7052, finds, concludes, and orders as follows. FINDINGS OF FACT The State of Oklahoma’s Insuranc...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the complaint filed by West Bend Mutual Insurance Co. (“West Bend”), seeking relief by way of declaratory judgment, inter-pleader and injunction against Leonard E. Templeton, Jr. and Larrilee H. Templeton (the “Debtors”), and Regina Sukosd, individually and as Special Administrator of the Estate of John Sukosd (the “Creditor”). This...
Views: 1
MEMORANDUM OPINION Plaintiff, Walter Ray Seay, obtained a state court judgment for $748,726.02 against the Defendant Debtor, Shari A. Greene (“Greene”). 1 The plaintiff alleges that this judgment is nondischargeable under § 523(a)(2) of the Bankruptcy Code because the judgment was predicted upon the Debtor’s fraudulent acts and materially false financial statement. Plaintiff al...
Views: 0
MEMORANDUM OPINION Jeffrey Brian James, Debtor, Plaintiff, filed a “Complaint for Temporary Restraining Order and Motion for Contempt” on April 20,1992. Pamela A. Moore and Jerry Neal, Defendants, filed their response on May 8, 1992. Mr. Neal is Ms. Moore’s attorney. The Court will refer to Ms. Moore as “Defendant” and to Jerry Neal as “Mr. Neal.” Defendant filed a “Motion to Terminate St...
Views: 0
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. PROCEDURAL BACKGROUND (1)...
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)(J), which the Court may hear and determine. PROCEDURAL BACKGROUND (1) On March ...
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. PROCEDURAL BACKGROUND (1) On June 7...
Views: 0
DECISION DECISION ON MOTION FOR SUMMARY JUDGMENT SEEKING A TURNOVER OF FUNDS ON DEPOSIT IN ALLEGED KEOGH PLANS IN THE POSSESSION OF GREENPOINT SAVINGS BANK AND GLEN HEAD FIRST NATIONAL BANK This is an adversary proceeding in which Stuart M. Bernstein, Esq., the Chapter 7 Trustee of the estate of Fred Lane, Jr. (the “Trustee”), is the Plaintiff seeking a turnover of funds on deposit i...
Views: 2
MEMORANDUM OPINION This matter comes before the Court upon the second amended complaint of I.H. Mississippi Valley Credit Union (“IHMV”), filed March 12, 1992, to determine dis-chargeability of debt under 11 U.S.C. § 523(a). This Court held a trial on the adversary proceeding on October 8, 1992. Upon considering the evidence presented and the arguments of counsel, this Court makes the following f...
Views: 0
MEMORANDUM OPINION Debtor filed a Chapter 11 petition for relief on December 14,1990. Subsequently a liquidating plan was filed and confirmed. This adversary action arises under 11 U.S.C. § 547 and is a core proceeding. The facts are not disputed. It is the interpretation to be put on those facts that gives rise to this opinion. Debtor delivered to defendant, within the critical 90 day period...
Views: 0
OPINION The bankruptcy court held that the debt- or’s payment made pursuant to a civil contempt order was a voidable preference under 11 U.S.C. § 547 1 , We AFFIRM. I.FACTS Debtor/Appellee Dale Mantelli (“Mantel-li”) and Appellant/Creditor Shari Babitzke (“Babitzke”), formerly husband and wife, executed a marital settlement agreement which was made a part of their divorce decree. Purs...
Views: 0
OPINION This matter came before the court upon an objection to confirmation of the chapter 13 debtor’s proposed plan. The objection was filed on behalf of Multnomah County. The County is represented by Sandra Duffy and the debtor by Kent Y. Snyder, both of Portland, Oregon. The debtor was the owner of certain real property located in Multnomah County. The debtor contends the property is worth...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on cross motions for summary judgment pursuant to Federal Rule of Civil Procedure 56, incorporated by reference in Federal Rule of Bankruptcy Procedure 7056. For the reasons set forth herein, the Court having considered all the pleadings and exhibits attached thereto, hereby grants the motion for summary judgment filed by the Attorney ...
Views: 1
OPINION OVERRULING OBJECTIONS TO CONFIRMATION The Secretary of Housing and Urban Development (“HUD”), a creditor of Whittaker Memorial Hospital Association, Inc. (“Debtor”), objected to the confirmation of the debtor’s amended Chapter 11 plan of reorganization. HUD is concerned that the amended plan does not satisfy the requirements of 11 U.S.C., section 1129. After notice and a hearing, ...
Views: 1
MEMORANDUM AND ORDER ON MOTION TO DISMISS INVOLUNTARY PETITION The alleged debtor, Herman P. Taub, moved for dismissal of this involuntary chapter 7 case and was subsequently joined in his motion by all of the petitioning creditors (the “Petitioners”). BACKGROUND On December 24, 1991, the Petitioners commenced an involuntary chapter 7 case against Taub. See 11 U.S.C.A...
Views: 0
ORDER ON ADMINISTRATIVE EXPENSE CLAIM The matter before the Court is the application of the Charter at Beaver Creek Condominium Association, Inc. (Charter) for payment of condominium assessments as an administrative expense and the objection thereto filed by Harvey Sender, trustee (Trustee). A hearing was held on the motion and the parties have filed briefs. Thé Court has jurisdiction pursuan...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court on Motion to Dismiss or Convert filed by Nations-Bank of Florida, N.A. (“NationsBank”). 1 A hearing on the motion was held on August 4,1992. Upon the evidence presented, the Court makes the following Findings of Fact and Conclusions of Law: Findings of Fact Austin Ocala Limited is a Florida li...
Views: 0
ORDER APPROVING REIMBURSEMENT OF ATTORNEYS’ FEES AND EXPENSES TO UNUM LIFE INSURANCE COMPANY This matter came before the undersigned United States Bankruptcy Judge on September 17, 1992 upon the Supplemental Section 506(b) Application of UNUM Life Insurance Company for Attorneys Fees and Expenses (the “Application”), and upon the Bankruptcy Administrator’s Objection to Supplemental Sectio...
Views: 1
ORDER This matter is before the Court on several motions and countermotions filed by the Debtor and by Logan College of Chiropractic (“College”). A description of these motions is included in the following summary of the brief history of this case. The Debtor filed a voluntary petition for relief under Title 11 of the United States Code at 3 o’clock p.m. on December 15, 1992. At about 2:33 p....
Views: 1
ORDER The consolidated hearing on the United States trustee’s Objection to the Chapter 7 Trustee’s Final Report, and the Motion of the United States trustee to surcharge the Chapter 7 Trustee were called on January 29,1993. On consideration of the record as a whole, including the argument presented at said hearing, the Court announced its determinations and orders from the bench. Thi...
Views: 0
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY I. Before the court in this chapter 7 case is a creditor-mortgagee’s motion for relief from stay in order to continue a pending foreclosure action in state court. The debt- or and the estate trustee (the respondents) contend that during the hearing on the motion they established the existence of several bona fide claims to be set ...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON MOTION TO AVOID JUDICIAL LIEN I. ISSUE Bankruptcy Code § 522(d)(1) permits a debtor, who elects the federal exemptions, to exempt an interest “not to exceed $7,500.00 in value” in the debtor’s residence. Section 522(f)(1) provides that a “debtor may avoid the fixing of a [judicial] lien on an interest of the debtor in property to the extent th...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTOR’S MOTION TO REOPEN HER CASE TO AMEND SCHEDULES Debtor Judy Grabinski has moved to reopen her Bankruptcy Case to allow her to amend her schedule of creditors to add the Boulevard Bank (“Boulevard” or the “Bank”). She also moves that a new date be set for the newly listed creditor to file objections to discharge and/or discharge-ability. She...
Views: 0
*136 MEMORANDUM OPINION Plaintiff Russell McMillen seeks a determination that a debt purportedly owed to him by debtors is not dischargeable pursuant to 11 U.S.C. section 523(a)(2)(A). 1 I FACTS Plaintiff is a general contractor and is in the business of constructing houses. On April 1, 1990, plaintiff and debtor Edward Jarmul (“Mr. Jarmul”) executed a...
Views: 1
MEMORANDUM OPINION Before the court is the chapter 7 trustee’s objection to that portion of a proof of claim for vacation pay for calendar year 1992 filed by United Electrical, Radio and Machine Workers of America, Local 650 (“UE”), on behalf of its members. These individuals had been employed by debtor pursuant to a collective bargaining agreement. According to the trustee, the employees are not ...
Views: 0
MEMORANDUM OPINION ON PLAINTIFF’S MOTION TO AMEND HER COMPLAINT This matter comes before the Court on the motion of Plaintiff Dale Newman to amend her Adversary Complaint objecting to the dischargeability of a debt potentially owed by her ex-husband, Joseph Kruszyn-ski (“Debtor”). Debtor has objected to Plaintiff's motion, and both parties have filed briefs in support of their positions. ...
Views: 0
MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S MOTION TO FILE CLAIM Introduction Plaintiff Pettibone Corporation and its related companies (collectively “Pettibone”) successfully reorganized in Chapter 11. Plaintiff filed a two-count Adversary Complaint seeking declaratory and injunctive relief to bar Defendant Barbara J. Payne (“Payne”) from pursuing her perso...
Views: 1
PRELIMINARY INJUNCTION This cause was heard on Motion of Plaintiff Dearborn Process Service, Inc. for preliminary injunction and other relief. Following an emergency hearing held on notice, this Court entered a Preliminary Injunction on October 27, 1992, nunc pro tunc the date of hearing and ruling October 23, 1992. Final hearing on the application for Preliminary Injunction wa...
Views: 1
*422 MEMORANDUM OPINION ON DEBTOR’S MOTION TO AMEND SCHEDULES AND TO ENFORCE THE AUTOMATIC STAY By motion presented September 21, 1992, and amended October 13, 1992, Debtor Richard Waltjen has asked leave to amend his schedule of assets so as to list wages withheld by his employer as exempt property of his estate. He also moved for other relief against respondent American General...
Views: 1
MEMORANDUM OPINION ON ORDER OF DISTRICT COURT FOR THE APPOINTMENT OF A SPECIAL MASTER Mariluz Rosario and others initiated a class action lawsuit (case no. 87 C 1224) *225against Debtor Tom Livaditis and two schools, D’Or Beauty College, Inc. and D’Or School of Cosmetology (collectively, the “Schools”) in United States District Court for the Northern District of Illinois. The class plaintiffs all...
Views: 1
DECISION AND ORDER Robert E. Derecktor of Rhode Island, Inc., which for approximately 13 years had conducted a ship building and repair facility in Portsmouth, Rhode Island, filed a Chapter 11 petition on January 3, 1992. Since the filing the Debtor has operated in varying but limited fashion, and is presently in the final stages of total liquidation, with no future operations contemplate...
Views: 0
DECISION AND ORDER Before this Court is a complaint under 11 U.S.C. § 523(a) to determine the discharge-ability of a debt to Plaintiffs, Dorothy and Bertram Hardy. 1 The matter was heard on December 7, 1992, and the parties were asked to submit post-trial memoranda. At issue is whether Debtor obtained property, money, or services from the Hardys by fraud, and whether Debtor com...
Views: 1
ORDER ON MOTION TO DISMISS CHAPTER 11 CASE THIS IS a Chapter 11 case filed by Clause Enterprises of Ft. Myers, Ltd. (Debtor). The Debtors right to seek rehabilitation under this Chapter is challenged by Barnett Bank of Lee County, N.A. (Barnett). The Motion to Dismiss is based on the contention of Barnett that this Chapter 11 Petition was filed in bad faith which in turn would warrant a dismiss...
Views: 1
ORDER DISMISSING CASE THIS IS a yet-to-be confirmed Chapter 11 case which was commenced by a Petition for Relief on April 8, 1991. The matter under consideration is the confirmation of a renewed Motion to Dismiss this Chapter 11 filed by Balcor Pension Investors (Balcor) on October 20, 1992. The relief sought by both parties is based on the following facts, which are basically without dispute a...
Views: 0
ORDER ON PRE-TRIAL CONFERENCE DETERMINING THE ISSUES TO BE TRIED AND TO SET LIMITS OF ADDITIONAL DISCOVERY THESE ARE non-consolidated Chapter 11 cases involving Hillsborough Holdings Corporation (now known as Walter Industries) and its 32 wholly-owned subsidiaries (Debtors). This adversary proceeding was instituted by the Debtors in order to obtain, inter alia, a declaratory ju...
Views: 0
ORDER ON SECOND MOTION FOR SUMMARY JUDGMENT This is a Chapter 11 case, and the matter under consideration is a Motion for Summary Judgment filed in the above-captioned adversary proceeding instituted by Richard B. Flammer (Debtor), against his former wife, Courtney Ann Jay, (Defendant-Coun-terclaimant). The claim asserted by the Plaintiff is based upon 11 U.S.C. § 523(a)(5) and seeks a determinati...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case and the matter under consideration is an adversary proceeding filed by Laverne Amidei (Amidei) requesting to deny the discharge of Donald Ray Metz (Debtor) pursuant to 11 U.S.C. § 727(a)(2) and (a)(4)(A). Count I of the complaint alleges that the Debtor knowingly and fraudulently made false oaths ...
Views: 1
ORDER ON APPLICATION FOR ALLOWANCE (BUSH ROSS GARDNER WARREN & RUDY, P.A.) THE MATTER under consideration is an Application for Allowance filed by the law firm of Bush Ross Gardner Warren & Rudy, P.A. (Law Firm), counsel of record for Woolley’s Parkway Center, Inc. (Debt- or). In the Application, the Law Firm requests an allowance of $102,844.00 in fees and $5,011.54 for reimbursement of expenses...
Views: 0
MEMORANDUM The plaintiffs’ complaint seeks an order declaring a certain obligation nondischargeable under the provisions of § 523(a)(4) of the Bankruptcy Code. Contending there are no genuine issues of material fact, the plaintiffs filed a motion for summary judgment supported by affidavits and exhibits on December 15, 1992. Pursuant to a scheduling order entered in this adversary proceed...
Views: 0
*246 MEMORANDUM OF DECISION Before the court is the debtors’ § 522(f)(1) 1 motion to avoid judicial liens held by Casco Northern Bank, N.A. (“Cas-co”) and Coastal Oil of New England (“Coastal”). For the reasons set forth below, I conclude that neither Howard Satur-ley nor Geraldine Saturley may make use of § 522(f)(l)’s avoidance powers. 2 History ...
Views: 1
OPINION ON DISCOVERY MOTIONS The facts presented by the parties underlying these motions are not in substantial dispute and are accepted by the Court as its findings of fact, except where otherwise noted. Because of the expansive nature of the privilege claims made, and the impact those claims have on the administration of Debt- or’s estate, the Court will provide the parties with a ...
Views: 0
TABLE OF CONTENTS I. Opinion and Order Granting Manufacturers National Bank of Detroit’s Motion for Partial Summary A. Introduction. B. Jurisdiction. C. Summary judgment. D. Statement of facts. E. Equitable subordination generally. 1. The standard. 2. The non-fiduciary standard. F. Conclusion . II. Combined Report and Recommendation and Opinion ...
Views: 2
OPINION Before the Court is a Motion of Charles A. Szybist, Esquire (hereinafter “Plaintiff”) requesting this Court to reconsider its earlier Order of September 16, 1992 and for further post-trial relief; namely, a new trial of the underlying issue. For the reasons provided herein, we deny the Plaintiff’s Motion for Reconsideration and further post-trial relief. The facts are as follows. On or ab...
Views: 0
OPINION AND ORDER The facts of this case can be summarized as follows. On July 20,1988, the Debtors, Richard E. McCulley and Connie A. McCulley, his wife, filed for relief under Chapter 7 of the United States Bankruptcy Code. Among the exemptions listed in Debtors’ Schedule B-4 was “913 Menne Alley”, which was claimed exempt under the provisions of 11 U.S.C. § 522(d)(1) in the amount of fifte...
Views: 1
OPINION AND ORDER This matter comes before the Court on the Joint Motion for partial summary judgment filed by the Trustee in Bankruptcy, the United States of America, and the Commonwealth of Pennsylvania (hereinafter “Trustee”). The Motion is filed against the interest claim of the Anthracite Health and Welfare Fund (hereinafter “Fund”) with regard to the Fund’s contention that it is ent...
Views: 0
OPINION REGARDING LIFT OF THE AUTOMATIC STAY, DENIAL OF CONFIRMATION, AND REMAND OF ADVERSARY PROCEEDING I. FACTUAL BACKGROUND. Having reached the watershed point in this joint lift of stay/confirmation hearing, the historical background of this dispute bears repeating. The principal players in this Chapter 11 consist of undersecured creditor General Retirement System of the City of ...
Views: 27
ORDER DENYING DEBTOR’S MOTION FOR SANCTIONS The Debtor, James Markowicz, filed a petition for relief under Chapter 13 of the Bankruptcy Code on April 19, 1990. The Debtor’s Chapter 13 plan was confirmed by this Court on July 18, 1990. The confirmed plan states: “12. VESTING OF PROPERTY OF THE ESTATE. Upon confirmation of this plan, all property of the estate shall vest in the debtor.” Subse...
Views: 0
DECISION AND ORDER The Chapter 7 Debtors, Francis and Lucia Quillard, filed an adversary proceeding seeking to avoid as preferential transfers, two pre-petition Internal Revenue Service tax levies on Lucia Quillard’s individual retirement accounts (IRA’s). Before us is the United States’ motion to dismiss the Debtors’ complaint. TRAVEL AND BACKGROUND The IRS has filed two federal tax liens ...
Views: 0
ORDER Heard on January 21, 1993, on the Court’s sua sponte ORDER TO SHOW CAUSE why counsel should not be sanctioned for their failure to file, as promised, either consent orders or a Joint Pretrial Order regarding motions last heard on September 24, 1992, to wit: (1) Motion of Creditor Alhambra Building Company (“Alhambra”) seeking permission to pay material-men and sub-sub-contractors directly; a...
Views: 0
OPINION A. INTRODUCTION SHARON OGLESBY, a/k/a Sharon Co-fey, Sharon Simmons, and Sharon Council (“the Debtor”) has, once again, filed a Chapter 13 bankruptcy case to attempt to preserve 904 Longacre Boulevard, Yeadon, *622 Delaware County, Pennsylvania (“the Home”), as a residence for herself, eleven dependent children, and two dependent grandchildren. Although, in her p...
Views: 2
MEMORANDUM I. INTRODUCTION The matter before the Court is the “Motion to Set Aside Mortgage Foreclosure and For Contempt and For Sanctions for Violation of the Automatic Stay” (the “Motion”). Eastmare Development Corporation (“Eastmare” or the “Debtor”), purportedly doing business as Riverside Historical Realty Trust (the “Trust”), filed the Motion on August 6,1992, two days after it...
Views: 4
MEMORANDUM OPINION GRANTING EMERGENCY MOTION FOR STAY On September 24, 1992, the Court heard arguments on the emergency motion of United States Department of Housing and Urban Development (“HUD”) to stay implementation of the Plan of Reorganization pending appeal of ■ the order confirming Debtor’s Plan of Reorganization. After due consideration of arguments of counsel and the pleadings on...
Views: 0
MEMORANDUM OPINION This case came before the court on January 7 and 8, 1993, for hearing on objections to debtors’ claim of exemptions, which were filed by T. Garry LaRossa and the chapter 7 trustee, Donna J. Hall. At the conclusion of the hearing the court ruled from the bench on a number of issues. This opinion supplements the court’s bench *642 ruling that both objections ...
Views: 1
MEMORANDUM OPINION Debtor Elaine J. Myers (“debtor”) seeks a determination pursuant to 11 U.S.C. section 523(a)(8)(B) that a debt she owes to Pennsylvania Higher Education Assistance Agency (“PHEAA”) is dischargeable. Debtor claims that excepting the debt from discharge will impose an undue hardship upon her and her adult daughter. PHEAA denies that repayment of debtor’s educational loan will...
Views: 0
*108 MEMORANDUM OF DECISION Introduction Presently before the Court is a motion by a landlord to compel debtor’s payment of lease obligations pursuant to 11 U.S.C. § 365(d)(3). The primary issue concerns the interpretation of this section of the Bankruptcy Code, and requires this Court’s determination of whether these obligations arose pre- or post-petition. Also pending is debtor’s cross...
Views: 2
MEMORANDUM OF DECISION Currently before this Court is the interim confirmation of Debtor’s Chapter 13 plan, in which Debtor attempts to modify the rights of the two mortgagees, Chrysler First Eastern Financial Corp. and The Money Store, Inc., which hold security interests in Debtor’s property. Both mortgagees have objected to their treatment under the proposed plan primarily on the basis that 1...
Views: 0
MEMORANDUM OPINION This matter comes before the court for confirmation of the debtors’ proposed Chapter 13 plan dated January 9, 1992 (the plan). Two creditors have objected to confirmation of the plan, First Union Mortgage Corporation (First Union) and Trans-america Financial Services (Transamerica). PROCEDURAL BACKGROUND The debtors filed their petition for relief herein under Chapter 13 ...
Views: 0
OPINION A. Introduction Presently before the court is an adversary proceeding commenced by LEASE-A-FLEET, INC. (“the Debtor”) against MITSUBISHI ACCEPTANCE CORPORATION (“MAC”) to recover, as preferential transfers, payments totalling $411,000 which were allegedly made to, and for the benefit of, MAC pursuant to a Mutual Release (“the Release”) executed by the parties as a settlem...
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. PROCEDURAL BACKGROUND Mark Bernstein and Cl...
Views: 0
MEMORANDUM, OPINION AND ORDER This matter comes before the court on the motion of the Debtors, William and Peggy Abernathy, for summary judgment on Counts II and III of their second amended complaint against the United States. For the reasons stated below, this court grants summary judgment for the Debtors on Count II, but denies summary judgment on Count III. FACTS On June 4, 1986, the Deb...
Views: 0
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. PROCEDURAL BACKGROUND ...
Views: 0
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. PROCEDURAL BACKGROUND Pla...
Views: 1
ORDER DENYING CONFIRMATION OF MODIFIED PLAN OF DEBT ADJUSTMENT This Chapter 13 case came on before the Court on June 30 and November 13, 1992, for hearing on the confirmation of the Debtor’s modified plan of debt adjustment. The Debtor appeared personally and by his attorney, Ronald J. Walsh. Scheduled creditors Richard and Joyce Ludwigson and Ludwigson Floral appeared by their attorney, ...
Views: 1
*290 MEMORANDUM OF DECISION ON OBJECTION OF PRUDENTIAL INSURANCE COMPANY OF AMERICA TO CONFIRMATION OF DEBTOR’S SECOND AMENDED PLAN OF REORGANIZATION The Prudential Insurance Company of America (“Prudential”) has objected to confirmation of the Debtor’s Second Amended Plan of Reorganization. Prudential has a claim against the Debtor of at least $11,-561,659, 1 which is secured by a first pr...
Views: 1
MEMORANDUM OF DECISION This contested matter arises following the motion of Chapter 11 debtor in possession Thunderbird Inn, Inc. (“debtor”) to use revenues that may be the cash collateral of secured creditor Resolution Trust Corporation (“RTC”). This Court will grant the motion, finding, under Bankruptcy Appellate Panel (“BAP”) authority, that security interests in post-petition hotel revenues...
Views: 0
DECISION ON MOTION TO REMAND FORECLOSURE ACTION, OR IN THE ALTERNATIVE, TO ABSTAIN AND REMAND The foreclosure action in this single-asset Chapter 7 case has come full cycle back to this court after travelling through the state court in Connecticut, the United States District Court for Connecticut, the United States Bankruptcy Court in Bridgeport, Connecticut and back to the United States ...
Views: 2
OPINION The Plaintiff brought this adversary action under § 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), alleging the Debtor’s use of a credit card, issued by Plaintiff, to obtain cash advances used for gambling, with no intent of repaying, constituted an obtaining of money by false representations. The facts are not disputed. The Debtor has a long history of gambli...
Views: 0
OPINION A. INTRODUCTION The Trustee of a Debtor-tenant requests that this court approve an assumption and assignment of the Debtor’s rights in a rental premises which remain after the landlord, a former debtor, rejected the Lease of the Premises. In what appears to be a matter of first impression, we hold that the rights of the Debtor-tenant under 11 U.S.C. § 365(h) cannot be assigned, and th...
Views: 0
DECISION ON COMPLAINT TO DECLARE THE NON-DISCHARGE-ABILITY OF DEBT The emotionally tense scenario in this case presents the issue as to whether or not the debtors, parents of a four-year old girl, may overcome 11 U.S.C. § 523(a)(6) and obtain a discharge of a defamation claim brought by the plaintiff, Bonnie Roberts, a bus driver of a preschool bus. Bonnie Roberts claims that she was defa...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL SUMMARY JUDGMENT THIS CAUSE came before the Court for hearing on Friday, February 12, 1993, at 9:30 a.m. upon the Plaintiffs Motion for Final Summary Judgment (the “Motion”) filed by Plaintiff, WILLIAM A. BRANDT, JR., as Trustee of the Chapter 7 estate of SOUTHEAST BANKING CORPORATION (the “Debtor”) in connection with his Complaint to Avoid Post-Petit...
Views: 0
MEMORANDUM OF DECISION Marquis Products, Inc. (“Marquis”), the debtor-in-possession, seeks to avoid a pre-petition mortgage given to Conquest Carpet Mills, Inc. (“Conquest”), as a fraudulent transfer under 11 U.S.C. § 548. 1 In view of the evidence adduced at trial, I conclude that the mortgage must be set aside. 2 Facts 1. Corporate History. ...
Views: 1
MEMORANDUM OPINION This proceeding involves a debtor’s pledge of his shares of stock in a law firm, an Illinois professional corporation. The Trustee has moved for summary judgment on its count to avoid an alleged security interest claimed in the shares. The determinative issues are whether Article 8 or Article 9 of the Illinois Commercial Code governs and whether the alleged secured...
Views: 1
MEMORANDUM OPINION REGARDING OBJECTIONS TO PROOFS OF CLAIM FILED BY N.B.D. AND GERALDINE FOLEY The issues for decision in this case are purely legal: the facts are not disputed. One question is whether a chapter 13 claim secured by a residential mortgage is subject to bifurcation pursuant to § 506(a), 1 with the result that the unsecured portion of the mortgage is avoided p...
Views: 1
MEMORANDUM OF OPINION ON CHAPTER 13 PLAN In this case, the court concludes that the Debtors can pay, in monthly installments during the life of their Chapter 13 Plan, the balance due on a note secured by a lien on their homestead which matured by its terms prior to the filing of the Chapter 13 petition. 1 FACTS 2 On April 20, 1987, Robert Aguirre and Ester Aguirre (Debtors) borrowed $11...
Views: 1
OPINION I. INTRODUCTION The debtor, GOCO Realty Fund I (“GOCO”), a California Limited Partnership, paid its attorneys in excess of $725,-000 prior to filing the bankruptcy petition. Of this sum, more than $500,000 was paid as a retainer for a suit against its only secured creditor, New West Federal Savings & Loan Association (“New West”). New West moved for the return of the pre-peti...
Views: 0
OPINION The bankruptcy court granted the debt- or’s motion to reject its license agreement with appellant Encino Business Management, Inc. (“Encino) and in its order stated Encino may retain its rights under 11 U.S.C. § 365(n)(l)(B) 1 if it pays presently due and future license fees and waives any rights of setoff with respect to the contract. Encino filed this timely appeal, objecting to the...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding is a state court action removed to this Court on December 8, 1992. Plaintiff Bowen Corporation, Inc. (“debtor”), is the debtor-in-possession in a chapter 11 case pending in Arizona. Bowen Corporation, Inc. has moved that venue for the removed adversary proceeding be transferred to the United States Bankruptcy Court for the District of Arizona. De...
Views: 2
ORDER ON THE INSURANCE COMPANY’S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT NO COVERAGE EXISTS FOR ASBESTOS-RELATED BUILDING CLAIMS INVOLVING INTENTIONAL CONDUCT, PUNITIVE DAMAGES, OR EQUITABLE RELIEF THIS CAUSE came on for hearing upon the Insurance Company’s 1 Motion for Partial Summary Judgment That No Coverage Exists for Asbestos-Related Building Claims Involving Intentional ...
Views: 0
OPINION REGARDING DEBTOR’S CLAIMS OF EXEMPTION I.ISSUES This contested matter requires the court to determine whether certain retirement plans are exempt from an individual chapter 7 debtor’s bankruptcy estate. First, is a pension plan maintained by and benefit-ting only a sole shareholder and his spouse property of the estate pursuant to 11 U.S.C. § 541(c)(2)? 1 Second, i...
Views: 1
MEMORANDUM OF DECISION Dorothy Merrick, the debtor in this chapter 13 case (“debtor”), has filed an objection to the claim filed by Northern State Bank (“Bank”). The debtor has also moved to avoid the lien asserted by the Bank against the debtor’s satellite dish. The Bank contests the objection and motion. The debtor contends the satellite dish is a fixture. She presented testimony a...
Views: 0
MEMORANDUM OF DECISION The United States Attorney has moved to stay further proceedings in this adversary proceeding pending a decision by an administrative law judge for the U.S. Department of Labor on some of the same issues here involved. Bernie Rakozy (“trustee”), the trustee in bankruptcy for Western States Drywall, Inc. (“debtor”), opposes stay of the adversary proceeding. In additi...
Views: 0
*752ORDER The matter before the court is a motion filed on December 21, 1992, by the Debtor, Classic Roadsters, Ltd., acting as debtor in possession, seeking authority to employ a law firm to represent it as local counsel in its Chapter 11 proceedings. Objections have been raised by the U.S. Trustee, Creditor’s Committee, and Gary Rutherford (Rutherford), the major secured creditor of the bankrup...
Views: 0
MEMORANDUM AND ORDER The standing Chapter 12 trustee for the above related cases filed a motion in each seeking their dismissal due to the respective Debtors’ failure to pay trustee’s fees. The Debtors all resist suggesting that they have completed all plan payments and are *754 in conformity with plan provisions regarding any obligation to pay trustee’s fees. The motions were filed on Novemb...
Views: 0
ORDER The matter before the court is a motion filed on December 21,1992, by the Debtors, Tony and Linda Brucker, seeking to dismiss the complaint filed by the Plaintiff, Transamerica Commercial Finance Corporation (Transamerica). In the complaint, Transamerica alleges that the Debtors’ debt obligation owing to it is not discharge-able pursuant to 11 U.S.C. § 523(a)(2), (4) and (6). The De...
Views: 0
DECISION ON OBJECTION OF SIZZLER RESTAURANTS INTERNATIONAL TO DEBTOR’S CLAIM OF EXEMPTION CAME ON for hearing the objections of Sizzler Restaurants International to the ex *781 emptions claimed by the debtor. This decision constitutes the ruling of the court thereon. PROCEDURAL BACKGROUND On June 2, 1992, Debtor, Vera Finkel, filed a voluntary petition for relief pu...
Views: 0
DECISION AND ORDER DENYING MOTION OF NCNB TEXAS NATIONAL BANK AND NATIONSBANK OF TEXAS, N.A. TO ALLOW OR RECONSIDER CLAIM CAME ON for hearing the Motion of NCNB TEXAS NATIONAL BANK (“NCNB”) AND NATIONSBANK OF TEXAS, N.A. (“NATIONSBANK”) 1 TO ALLOW OR RECONSIDER CLAIM. Upon consideration thereof, it is the ruling of the court that the Motion should be denied. INTRODUCTION ...
Views: 1
ORDER ON DEFENDANTS’ MOTIONS FOR A DETERMINATION THAT THESE ADVERSARY PROCEEDINGS ARE NON-CORE I.Procedural History 1. The debtors, Peter J. Schmitt Co., Inc. et al, filed their Chapter 11 petitions in this court on May 29, 1992. The bar date in this case for general unsecured claims was December 15, 1992. 2. Schmitt has filed about 61 adversary proceedings seekin...
Views: 1
This is the Court’s decision on the Motion of Station Plaza Associates, L.P. (Defendant) to Amend its Counterclaim against Hatzel & Buehler, Inc. (Plaintiff). Background: This motion arises from an adversary proceeding involving a breach of contract *561 action brought by former debtor Hatzel & Buehler against Station Plaza. Plaintiff, a subcontractor, agreed to provi...
Views: 1
MEMORANDUM OPINION AND ORDER In this adversary proceeding, the debtor Total Technical Services, Inc. seeks to avoid alleged preferential transfers to the defendant William D. Whitworth totaling $245,000. This is the court’s decision after trial on this core matter. 28 U.S.C. § 157(b)(2)(F). I. Facts TTS, Inc. was in business from 1965 to approximately 1990. Total Technic...
Views: 4
MEMORANDUM OPINION AND ORDER Century Glove, Inc., a Chapter 11 debtor in this court, commenced an adversary proceeding against Alan V. Iselin, First American Bank of New York (FAB), and Richard Haskel on February 10, 1986. FAB moved to dismiss. Century responded by amending its complaint. FAB renewed its motion, and briefing ensued. FAB later requested, and this court granted, an opportun...
Views: 1
ORDER OVERRULING OBJECTION TO PROOF OF CLAIM THIS CAUSE is before the Court upon the Objection to Claim filed by the debtors on November 5, 1992. The debtors assert that the United States claim for Internal Revenue taxes is unsecured, rather than secured as stated in the United States proof of claim. This assertion is based upon two separate contentions. First debt- or argues that since the deb...
Views: 0
ORDER DENYING MOTION FOR STAY PENDING APPEAL THIS CAUSE is before the Court upon the debtor’s “Motion for Stay of Proceeding in Bankruptcy Court Pending Resolution of Appeal and Extension of Time to Amend Disclosure Statement” filed on February 2, 1993. The debtor requests two forms of relief in this motion: (1) a stay of the bankruptcy proceedings pending appeal of the contested matter in which ...
Views: 0
ORDER SUSTAINING OBJECTION TO EXEMPTION THIS CAUSE is before the Court upon objections to the Claim of Exemption. The debtor has listed his former residence as exempt in his bankruptcy schedules, claiming it as his homestead pursuant to the Arkansas Constitution. The trustee objected to the exemption on the grounds that the debtor was neither married nor head of a family at the time the case was f...
Views: 0
MEMORANDUM OPINION Debtor Emily Davis requests that a judgment against her issued by this court on September 5, 1991 be vacated pursuant to FED.R.CIV.P. 60(b)(4), (5), and/or (6). Debtor asserts that the judgment should be vacated because it is void; because a prior judgment upon which it was based has been reversed; and because it would be unfair and inequitable to permit the judgment ag...
Views: 0
ORDER Came on for consideration the Final Application for Allowance of Compensation filed by Deloitte & Touche in which De-loitte & Touche seeks court approval of *664 $22,084.00 for accountants’ fees. An accounting firm’s fee application is reviewed under the same standards as those applied to attorneys. In re Chas. A. Stevens & Co., 109 B.R. 853, 855 (Bankr.N.D.I...
Views: 0
ORDER ON DEBTOR’S MOTION FOR ORDER REQUIRING TRUSTEE TO CLOSE CHAPTER 12 CASE BACKGROUND This Chapter 12 case was commenced on January 15, 1988, when debtor filed its voluntary petition under Chapter 12 of the Bankruptcy Code. 1 Debtor’s Chapter 12 plan, as modified, was confirmed by this court on June 15, 1989. Subsequently, the court entered its Order Implementing Confir...
Views: 0
AMENDED MEMORANDUM OPINION An automobile dealer financed the purchase and operation of its dealership with loan proceeds from two secured creditors. After filing a voluntary petition under chapter 11, the Debtor sold all of its dealership assets to another automobile dealer. Included as part of the sales proceeds is $125,000 paid for the Debtor’s voluntary termination of its franchise agr...
Views: 0
MEMORANDUM The Plaintiffs as assignees of North Kansas Savings Association, filed separate Adversary Proceedings against this Debt- or, and against another Chapter 7 Debtor, Milton L. Guse (Adversary Proceeding No. 88-4128), alleging that the debts owed are not dischargeable pursuant to Section 523(a)(2)(A) of Title 11 of the United States Code. With respect to the legal theory of the Pla...
Views: 0
MEMORANDUM The Plaintiffs as assignees of North Kansas Savings Association, filed separate Adversary Proceedings against this Debt- or, and against another Chapter 7 Debtor, George M. Croft (Adversary Proceeding No. 88-4127), alleging that the debts owed are not dischargeable pursuant to Section 523(a)(2)(A) of Title 11 of the United States Code. With respect to the legal theory of the Pl...
Views: 0
MEMORANDUM ON BIFURCATION OF CLAIMS SECURED BY DEBTORS’ RESIDENTIAL REAL ESTATE 1. INTRODUCTION These adversary proceedings involve common issues of law. The plaintiffs, who are Chapter 13 debtors, seek to determine the amount of the defendants’ claims secured by mortgages on their personal residences. The plaintiffs also seek to bifurcate the determined secured portion of the claims...
Views: 1
MEMORANDUM I. INTRODUCTION An involuntary Chapter 7 petition was filed against Mars Stores, Inc. (“Mars”) on February 21, 1989. One week later, on March 1, 1989, and on the same day Mars converted the involuntary Chapter 7 to a voluntary Chapter 11 proceeding, two of its wholly owned subsidiaries, Gaynes Department Stores, Inc. (“Gaynes”) and Mars *871 Leasing Co., Inc. ...
Views: 1
MEMORANDUM AND OPINION BACKGROUND On December 7, 1992 the debtor, Frank A. Thompson, Jr. (the “Debtor”) filed a petition initiating a Chapter 13 case. In his Schedules the Debtor listed his residence at 73 Hillendale Street, Rochester, New York (“Hillendale Street”) as having a current market value of $55,000 and being subject to a January 1990 purchase money mortgage (the “Simmons *128Mortgage”) ...
Views: 0
OPINION Factual Background Presently before the Court is the motion of John J. Lockovich and Clara A. Locko-vich (“Debtors”) to Amend their Exemptions (“Motion”). Mark L. Glosser, Esq. (“Trustee”) objects to the requested relief. The Debtors filed their voluntary Petition under Chapter 11 of the Bankruptcy Code on April 29, 1988. The case was converted to a case under Chapter 7 on August ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON APPLICATION BY VALERIE HALL MANUEL FOR ALLOWANCE OF FEES FOR ATTORNEY FOR TRUSTEE This ease came on for hearing on January 26, 1993, on the Application for Allowance of Fees as Attorney for Trustee filed by Valerie Hall Manuel, the Comments filed by the United States Trustee, and the Response filed by Valerie Hall Manuel. Based upon the evidence offere...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON APPLICATION OF RONALD BERGWERK FOR ALLOWANCE OF FEES AS ATTORNEY FOR TRUSTEE This case came on for hearing on January 26, 1993, on the Application by Ronald Bergwerk for Allowance of Fees as Attorney for Trustee and the Objection filed by the United States Trustee. Upon the evidence offered, the Court makes the following Findings of Fact and Conclusions o...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon Motions for Summary Judgment filed by the plaintiffs and the defendant. A hearing was held on November 25, 1992. The parties agree there are no genuine issues of material fact and that this proceeding may be determined on the filed papers. The Court enters the following Findings of Fact and Conclusions of L...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The within contested matter is before the Court by way of a motion filed on September 22, 1992, by Mark W. Swimelar, Chapter 13 Trustee (“Trustee”), to expunge Erie Materials, Inc.’s (“Erie”) claim against the estate in the amount of $27,482.99. Oral argument was heard at the Court’s regular motion term held in Syrac...
Views: 1
*591ORDER GRANTING IN PART “TRUSTEE’S MOTION FOR SUMMARY JUDGMENT” AND DENYING DEFENDANTS’ “MOTION FOR SUMMARY JUDGMENT ...” In this adversary proceeding under 11 U.S.C. § 547, both plaintiff and defendants move for summary judgment. Upon consideration of the record herein, the Court determines, concludes and orders as follows. Plaintiff is the Trustee of the above-styled case under 11 U.S.C. Cha...
Views: 0
OPINION A. INTRODUCTION Before this court for determination is the issue of whether monies collected post-petition by LEASE-A-FLEET, INC. (“the Debtor”) from the sub-lessees of its motor-vehicle fleet, leased from Defendant MORSE OPERATIONS, INC. (which trades as Lauderhill Leasing and is referenced as “Lauderhill”), are (1) after-acquired property exempt from the broad pre-petition ...
Views: 1
MEMORANDUM OF OPINION AND ORDER In this proceeding the Plaintiff, Buckeye Union Insurance Company (Buckeye), as subrogee, seeks reimbursement for payments it made on certain material payment bonds and performance bonds. Subsequent to the commencement of this proceeding, Buckeye filed its motion for partial summary judgment. Following a hearing on the motion and a review of the relevan...
Views: 1
DECISION This matter is before the Court on the motion of the Debtor, Melgar Enterprises, Inc. (“Melgar” or the “Debtor”), which seeks an order pursuant to 11 U.S.C. §§ 105 and 506(a) and Fed.R.Bankr.P. 3012 determining the value of the secured claim of Amber Shires Limited Partnership (“Amber Shires”). This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This is a c...
Views: 1
DECISION ON TRUSTEE’S COMPLAINT TO SET ASIDE FRAUDULENT TRANSFER AND TO RECOVER PROPERTY TRANSFERRED OR ITS VALUE AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT CAME ON for docket call the Complaint of Plaintiff John Patrick Lowe, Trustee to Set Aside a Fraudulent Transfer and to Recover Property Transferred or Its Value, and Defendant’s Motion for Summary Judgment. The cause was set for tri...
Views: 0
ORDER DISMISSING WITHOUT PREJUDICE MOTION AGAINST CREDITOR FOR VIOLATION OF THE AUTOMATIC STAY CAME ON for consideration the motion of ABACUS BROADCASTING CORPORATION (the “Debtor”) for an award of damages under 11 U.S.C. § 362(h) against CURTAIN CALL, INC. (the “Creditor”) for violation of the automatic stay. Upon consideration thereof, it is the ruling of the court that damages awards u...
Views: 0
ORDER GRANTING MOTION OF THE UNITED STATES OF AMERICA (INTERNAL REVENUE SERVICE) TO PERMIT FILING OF A PROOF OF CLAIM AND DEEMING CLAIM TIMELY FILED CAME ON for consideration the motion of the United States of America (Internal Revenue Service) to permit filing of a proof of claim and deeming same timely filed. Upon consideration thereof, it is the ruling of the court that the motion shou...
Views: 0
MEMORANDUM OF OPINION ON POST-PETITION INHERITANCE The question presented in this case is whether Debtors’ post-petition inheritance is property of the Debtors’ estate subject to distribution to creditors under §§ 541(a)(5) and 1207(a)(1) of the Bankruptcy Code. 1 The Debtors received the inheritance after they had complied with the confirmed Plan of Reorganization but before the case was clo...
Views: 0
OPINION On July 11, 1984, Jersey State Bank (hereafter “bank”) loaned debtors $175,-000.00 and debtors signed a promissory note and a security agreement giving the bank a lien in their farm machinery and equipment. The bank perfected its lien, on July 13, 1984, by filing a financing statement covering the machinery and equipment. On May 1, 1985, the United States of America, Farmers ...
Views: 0
ORDER ON NOTICE OF PROPOSED DISTRIBUTION OF FUNDS BY CHAPTER 12 TRUSTEE, ON THE RESPONSE THERETO, AND ON CREDITOR’S REQUEST FOR AN ACCOUNTING BACKGROUND This case was commenced by the filing by debtors, on July 1, 1987, of their voluntary petition under Chapter 12 of the Bankruptcy Code. 1 The Standing Chapter 12 Trustee for this district was appointed Trustee (hereafter, ...
Views: 0
MEMORANDUM ORDER The above-entitled matter came on for hearing before the undersigned on the 11th day of November, 1992, on confirmation of the debtors’ chapter 13 plan. Amicus briefs 1 were submitted by Linda Jeanne Jungers for Ford Motor Credit Co., Thomas E. Hoffman for Norwest Bank Minnesota, *502 Daniel W. Stauner for Community Credit Co, and Thomas...
Views: 2
MEMORANDUM OF DECISION I. ISSUE This ruling deals with the consequence of a mortgagee rerecording a mortgage deed within 90 days of the mortgagor’s bankruptcy petition after having mistakenly released the mortgage seven months prior to the petition. Gilbert L. Rosenbaum, the standing chapter 13 trustee, seeks in this adversary proceeding to avoid the mortgage held by the defenda...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Relief From Stay By M & I First National Leasing Corporation (hereafter “M & I”) and Debtor’s Objection. At the Hearing, the parties were afforded the opportunity to present evidence they wished the Court to consider in reaching its decision. Counsel agreed to submit legal arguments in writing. The Court ha...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Teresa Lynn Rose aka Sweringen’s (hereafter “Creditor”) Motion to Terminate Purchase Option. A Hearing was convened and the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that revie...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Motion for Summary Judgment, Memorandum In Support of Summary Judgment, Amended Motion for Summary Judgment, and Response to Defendants Memorandum; and Defendant’s Memorandum of Debtor/Defendant Contra To The Motion For Summary Judgment of Plaintiff. The Court has reviewed the written *126 arguments of counsel, ex...
Views: 0
DECISION ON MOTION FOR RELIEF FROM STAY OF THE FIRST NATIONAL BANK OF BOSTON The First National Bank of Boston (“Bank”) provided a series of business loans to Debtor. It alleges that it holds a valid and perfected blanket security interest in all of the assets of Garrett 0. Dris-coll & Associates, Inc. (“Debtor”). The Chapter 7 Trustee objects to the motion, challenging the perfectio...
Views: 0
DECISION ON DISCHARGEABILITY 11 U.S.C. § 727(a)(2)(A) and 727(a)(4)(A) The plaintiff, ARNOLD MINSKY (“Plaintiff”), brought this adversary proceeding to object to the discharge of NORMAN SILVERSTEIN, (“Debtor”) pursuant to 11 U.S.C. sections 727, as well as to seek a determination of non-dischargeability pursuant to section 523(a)(2). The complaint contained five (5) causes of action. ...
Views: 1
MEMORANDUM OF DECISION ON R.C. ALLEN INSTRUMENTS, INC.’S MOTION TO DISQUALIFY ACCOUNTANTS The above captioned bankruptcy case is before the Court on the motion of R.C. Allen Instruments, Inc. (“R.C. Allen”) to disqualify Allen, Gibbs & Houlik, the accounting firm retained by the trustee to assist him in connection with his handling of the bankruptcy estate. R.C. Allen appears by William R...
Views: 0
OPINION PEARSON INDUSTRIES, INC. (PEARSON) and INDUSTRIAL & MUNICIPAL ENGINEERING, INC. (IME) were, through common ownership, related corporations engaged in separate manufacturing businesses. On August 20, 1981, PEARSON, as borrower, IME, as one of several guarantors, the Bettendorf Bank & Trust Company (BANK), as lender, and the Farmers Home Administration (FMHA), as the lender’s 90...
Views: 0
151 B.R. 895 (1993) In re Clifton W. FISHER and Elizabeth Fisher, Debtors. Clifton W. FISHER and Elizabeth Fisher, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASS'N., America's Mortgage Servicing, Inc., and Resolution Trust Corporation, in its capacity as Receiver for Standard Federal Savings Bank of Gaithersburg, Maryland, Defendants. Bankruptcy No. 91 B 23283, Adv. No. 91 A 01143. United States Ba...
Views: 3
151 B.R. 719 (1993) In re H. Gary BERLIN, t/d/b/a Southeast Pittsburgh Restaurant Partnership, and t/d/b/a Inter City Restaurant Partnership, Debtor U.S. WEST FINANCIAL SERVICES, INC., Movant, v. H. Gary BERLIN, Respondent. Motion No. 92-3517M, Bankruptcy No. 92-25304-BM. United States Bankruptcy Court, W.D. Pennsylvania. March 19, 1993. *720 Robert G. Sable, Michael Kaminski, Sable, Makoroff &am...
Views: 1
*346 DECISION ON OBJECTIONS TO DEBTORS’ CLAIMS OF EXEMPTION This Chapter 7 case is before the court on objections to claimed exemptions filed by the creditors, Yvan Couture, Lynn Couture, Michel Couture, and Pauline Couture, as well as the Trustee, James C. Orr. The creditors, trustee, and debtors entered into a joint stipulation of facts pertaining to the real and personal property at issue....
Views: 1
DECISION ON MOTION FOR SHOW CAUSE ORDER This motion is the latest chapter in a prolonged landlord-tenant dispute. Players in the current installment are the Debtor, James A. Athanus (“Athanus”), and the Boston Rent Equity Board (the “Board”). Debtor moves for an order to Athanus and the Board to show cause why they should not be held in contempt and for sanctions, based upon certain facts as set ...
Views: 0
MEMORANDUM OF OPINION AND ORDER The Plaintiff, Things Remembered, Inc. (Things Remembered) caused the above-styled case to be removed to this Court from the state court. Prior to the removal, Things Remembered filed declaratory ac *829 tions in the state court in which the defendant, BGTV, Inc., and the other co-defendants herein were named parties defendant. Subsequent to th...
Views: 1
ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS THIS IS a Chapter 7 case, originally commenced by a voluntary Petition for Relief under Chapter 11 of the Bankruptcy Code filed by Paul A. Bilzerian (Debtor), but converted on October 22, 1992 to a Chapter 7 liquidation case. The Debtor is named as Defendant in the above-captioned adversary proceeding filed by the Securities And Exchange Commi...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF THE UNITED STATES TRUSTEE THIS CAUSE came on for consideration upon an Objection to the Claim of the United States Trustee filed by Diane Jensen, the Chapter 7 Trustee (Trustee) of the above captioned case. The Court has considered the Objection, together with the record and argument of counsel, and finds as follows: On January 30, 1992, Seaco...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case which was converted from a Chapter 11 ease, and the matter under consideration is the dischargeability vel non of a debt due and owing by Brett Paul Krumenacker (Debtor) to Anthony Mazzara (Plaintiff) pursuant to § 523(a)(2)(A) of the Bankruptcy Code. The facts relevant to resolution of this matter, as...
Views: 0
ORDER GRANTING DEBTOR’S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING DEBTOR’S MOTION FOR SUMMARY JUDGMENT IN PART THIS IS a Chapter 7 liquidation case. The matter under consideration is a Motion For Summary Judgment filed by Orlando E. Rabeiro (Debtor) in the above-captioned adversary proceeding. The Complaint filed by Margarita Y. Rabeiro (Ms. Rabeiro) seeks a determination that certain spe...
Views: 0
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 the United States Government (Government) in the above-captioned adversary proceeding. The adversary proceeding was commenced by Eric A. Courtney (Debtor) who sought a determination that his income taxes due for tax year 1988 shall be declared to be dis-chargea...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case, and the matters under consideration are Cross Motions for Summary Judgment filed by the Plaintiff, Lauren Johnson, Trustee, who instituted the above captioned adversary proceeding and the Defendant, Bulger Contracting Company (Bulger). The Complaint filed by the Trustee claims that the payment to Bulger of $10,76...
Views: 0
152 B.R. 341 (1993) In re Susan T. DIRSMITH, Debtor. Terry B. SMITH, Trustee, Plaintiff, v. Susan T. DIRSMITH, Defendant. Bankruptcy No. 91-12247-8P7, Adv. No. 91-860. United States Bankruptcy Court, M.D. Florida, Tampa Division. March 15, 1993. *342 Jary C. Nixon, Tampa, FL, for plaintiff. Lee Ellen Acevedo, Port Richey, FL, for defendant. *343 FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORAND...
Views: 0
ORDER ON MOTION FOR CONTEMPT THIS IS a Chapter 7 case in which Rogelio J. Menendez (Debtor) has already received his discharge. The matter under consideration is a Motion filed by counsel on behalf of the Debtor who seeks an Order from this Court to find the Great Lakes Higher Education Corporation, as assignee of Student Loan Marketing Association (SallieMae) in civil contempt for alleged viol...
Views: 2
ORDER The matters being considered here are: (1) the Second Motion of First Nationwide Bank (“First Nationwide”) for turnover of rents and for the payment of administrative expenses; (2) the Motion of First Nationwide Bank to tax costs; and (3) certain requests remaining in the Trustee’s “Motion For Determination As To Payments”, filed on March 7, 1990. The Chapter 7 Trustee has orally objected t...
Views: 0
ORDER ON MOTION TO COMPEL COMPLIANCE AND RENEWED MOTION FOR AUTHORITY TO PAY CONSUMER CLAIMS THESE are converted Chapter 7 liquidation cases and the matters before the Court are as follows: (1) a Motion to Compel National Bank of Royal Oak to Comply with 11 U.S.C. § 345(b) filed by the Office of U.S. Trustee; (2) a Renewed Motion for Authority to Pay Consumer Claims from Reserve Account filed by N...
Views: 0
MEMORANDUM OPINION This adversary proceeding 1 comes before the court on a complaint for injunctive relief filed by debtor and the principals of the debtor. Plaintiffs seek to temporarily enjoin Crestar Bank from foreclosing on the personal residence of Frank Lash, Jr., and Robyn Lash. Crestar Bank is the primary creditor of the debtor, and its lien on the residence arises ...
Views: 2
OPINION 1 Introduction Sharon Steel Corporation, Sharon Specialty Steel, Inc. and Monessen, Inc. (collectively, “Debtor”) each filed a voluntary Petition under Chapter 11 of the Bankruptcy Code on November 30,1992. The cases are being jointly administered. On December 7,1992, the Debtor filed its Application for Authorization to Employ Price Waterhouse as Accountant ...
Views: 1
ORDER DENYING “DEPENDANT’S MOTION FOR SUMMARY JUDGMENT” Defendant has filed his “... Motion for Summary Judgment,” “Brief in Support ...” thereof, and “Appendix ...” thereto. No response has yet been filed by the plaintiff. Upon consideration thereof, and of the record herein and in related proceedings as specified below, the Court determines, concludes, and orders as follows. The or...
Views: 0
MEMORANDUM OPINION This matter came before the Court for confirmation of the debtors’ Chapter 13 plan and on the objection filed by the New Mexico Educational Assistance Foundation (“NMEAF”). NMEAF objects because debtors’ plan does not provide for post-petition interest on a non-dischargeable student loan. The debtors and the trustee contend that NMEAF is not entitled to interest on its clai...
Views: 1
152 B.R. 335 (1993) In re SPORT STATIONS, INC., Debtor. SPORT STATIONS, INC., Plaintiff, v. NAPLES PARTNERSHIP, LTD., Defendant. Bankruptcy No. 91-11159-9P1, Adv. No. 91-655. United States Bankruptcy Court, M.D. Florida, Ft. Myers. February 18, 1993. *336 Louis X. Amato, Naples, FL, for plaintiff. Kevin M. Gilhool, Tampa, FL, for defendant. Jeffrey W. Leasure, Fort Myers, FL, for debtor. FINDING...
Views: 0
MEMORANDUM OPINION Potomac Equity Portfolio Limited Partnership filed a motion to vacate the order of confirmation of the debtor’s amended chapter 11 plan which had been entered by the court on November 5, 1992. Following an evidentiary hearing held on March 4, 1993, the court granted the motion from the bench. This opinion supplements the court’s bench ruling on a single issue, ...
Views: 0
DECISION ON ORDER DENYING PLAINTIFF’S MOTIONS FOR SUMMARY JUDGMENT AND GRANTING 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, r...
Views: 2
DECISION ON DAMAGES TO THE ESTATE BY DEBTOR’S FORMER SPOUSE INTRODUCTION This matter comes before the Court upon the Chapter 7 trustee’s complaint seeking to hold a debtor’s non-debtor ex-spouse liable for diminution in value of the former marital residence during her sole occupancy, and for use and occupancy of the residence subsequent to the filing of the Debt- or’s petitio...
Views: 2
MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT The plaintiff seeks to set aside a wire transfer payment to the defendant as a fraudulent transfer. 11 U.S.C.A. § 548(a)(2) (West Supp.1992). The parties have filed cross motions for summary judgment. For the reasons that follow, both motions are denied. BACKGROUND Globe Transport and Trading Company Limited earned commi...
Views: 0
ORDER ON MOTION TO DISMISS1 The matter before the Court is the motion to dismiss the above-captioned case made by Ryder Truck Rental, Inc. (Ryder) at the close of plaintiff’s case-in-ehief to recover an alleged preferential transfer. Ryder alleges that Amdura Corporation (Amdura) failed to meet the burden of proof to sustain a verdict for Amdura. The parties stipulated to the Court’s jurisdiction...
Views: 0
MEMORANDUM OF DECISION These Chapter 13 cases have come before the Court on objections to confirmation, filed by the standing trustee. In each case, the only ground asserted by the trustee for denial of confirmation is that the plan proposes to pay student loan claims at a higher rate than other unsecured claims. The principal issue raised is whether this discriminatory treatment of unsec...
Views: 0
MEMORANDUM OPINION JURISDICTION The parties have stipulated in the pretrial order that the Court has jurisdiction over the parties and subject matter of the action; that venue in this district is proper; that all necessary and indispensable parties are joined; and that the Court may try this adversary proceeding to final judgment. The Court finds independently of the stipulation...
Views: 2
151 B.R. 967 (1993) In re Teddy Joe COLLINS, Debtor. WORLD OMNI FINANCIAL CORPORATION, Plaintiff, v. Teddy Joe COLLINS, Defendant. Bankruptcy No. 89-3209-BKC-3P7, Adv. No. 90-10. United States Bankruptcy Court, M.D. Florida, Jacksonville Division. March 3, 1993. *968 *969 Raymond R. Magley, Jacksonville, FL, for plaintiff. Gregory K. Crews, Jacksonville, FL, for defendant. FINDINGS OF FACT AND C...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the complaint filed by Mary Suzanne Otto Garrard 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 September 22, 1992, at which time the defendant conceded that his obligation to pay child support was non-discharge...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the complaint of Household Credit Services seeking to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A). A trial was held on October 21, 1993. Upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact In November of 1990, defendants o...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon the complaint filed by Alice Kahoe and William J. Dorsey pursuant to § 523(a)(5) to determine the dischargeability of debts. A trial was held on September 22, 1992. Upon the evidence presented, the Court makes the following Findings of Facts and Conclusions of Law: Findings of Fact On November 27, 1989, plain...
Views: 1
OPINION AND ORDER DENYING MOTION FOR LEAVE TO CONSIDER FILING TIMELY CLAIM AND DISMISSING TRUSTEE’S OBJECTIONS TO PRIORITY CLAIMS These matters are before the court upon motion of Richard D. Ignasiak for leave to consider filing timely claim, the trustee’s response thereto, and the trustee’s objections to priority claims of Brian Douglas, Jerry L. Hatcher, Richard D. Ignasiak, Thomas Navarre, R...
Views: 1
OPINION AND ORDER SUSTAINING OBJECTION TO CONFIRMATION OF CHAPTER 12 PLAN This matter is before the court upon the objection of the United States of America, on behalf of the Farmers Home Administration to confirmation of chapter 12 plan. Upon consideration of the record herein, the court finds that said objection is well taken and that Debtors’ first amended chapter 12 plan should not be confi...
Views: 3
MEMORANDUM OPINION This matter came before the Court on Plaintiff’s Complaint To Recover An Unauthorized Transfer, For Turnover Of Estate Property, And For Embezzlement. Having considered the complaint, the briefs, the argument of counsel, and otherwise being fully informed and advised, the Court finds that all property in the Debtors’ Chapter 12 estate, including any funds included pursuant to se...
Views: 0
151 B.R. 388 (1993) In re Calvin DIXON. Bankruptcy No. 92-02835EEJ. United States Bankruptcy Court, S.D. Mississippi, Jackson Division. March 5, 1993. John S. Simpson, Jackson, MS, for Copiah Bank. Melvin Cooper, Jackson, MS, for debtor. Harold J. Barkley, Jr., Jackson, MS, Chapter 13 Trustee. MEMORANDUM OPINION EDWARD ELLINGTON, Chief Judge. This proceeding came on for hearing upon the objectio...
Views: 1
MEMORANDUM At Saint Louis, in this District, this 19th day of March, 1993. This Memorandum addresses the Debtors’ objection to the proofs of claim filed by Richard Priest (“Claimant”). It also addresses Claimant’s Motion for Jury Trial (Motion Z-24) and Claimant’s objections to certain portions of Debtors’ deposition designations. This is a core proceeding pursuant to Sectio...
Views: 1
152 B.R. 304 (1993) In re F & N ACQUISITION CORP., F & N Holding, Inc., F & N Real Estate, Inc., V & S I Real Estate Limited Partnership, and V & S II Real Estate Limited Partnership, Debtors. Bankruptcy No. 91-6866 to 91-06870. United States Bankruptcy Court, W.D. Washington, at Seattle. March 1, 1993. *305 Diane K. Carey, Karr Tuttle Campbell, Seattle, WA, for debtors. David...
Views: 1
MEMORANDUM OPINION Does the “community discharge”, 11 U.S.C. § 524(a)(3), bar plaintiffs’.complaint and entitle the defendant to relief for violation of its injunctive provisions? 1 *589 The matter came on for bearing on cross motions for summary judgment. The court determines that (a) the complaint is not barred, (b) there has been no violation of the injunction, and (c) the claims are e...
Views: 0
OPINION AND ORDER ON CHAPTER 11 TRUSTEE’S APPLICATION FOR COMPENSATION This contested matter requires the Court to construe § 330 of the Bankruptcy Code. Specifically the Court must determine the relative weight of the various components which produce “reasonable compensation” within the meaning of § 330 and whether the Trustee’s request is appropriately calculated. *845 The...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON THE OBJECTION OF SUN LIFE ASSURANCE COMPANY OF CANADA TO CONFIRMATION OF THE DEBTOR’S FIRST AMENDED PLAN OF REORGANIZATION This case is before the Court on the Objection of Sun Life Assurance Company *408 of Canada (U.S.) (“Sun Life”) to Confirmation of the Debtor’s First Amended Plan of Reorganization (“the plan”). Sun Life raises six objections to confirm...
Views: 1
MEMORANDUM OPINION The following are the Court’s Findings of Fact and Conclusions of Law under Bankruptcy Rule 7052 with respect to whether the assets of two charitable trusts established for the benefit of Bishop College (“Bishop College” or the “Debtor”) constitute property of the Debtor’s Chapter 7 bankruptcy estate, and are therefore subject to turnover pursuant to Sections 542 and 54...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on February 23, 1993, on a Joint Motion for Allowance of Late Filed Proof of Claim filed by General Motors Acceptance Corporation (“GMAC”) and the Debtor on January 11, 1993, and the Objection thereto filed by the Standing Chapter 13 Trustee (“Trustee”). This case was filed under Chapter 13 of the Bankruptcy Code on June 22, 1992. T...
Views: 2
*574 MEMORANDUM OPINION This matter came before the Court for trial on the merits. Having considered the testimony of witnesses, the arguments of counsel, the applicable case law, the exhibits and memoranda of law submitted by the parties, and being otherwise fully informed and advised, this Court finds that the value of the assets auctioned is $900,000, which was the price paid ...
Views: 0
MEMORANDUM OPINION AND ORDER NO. 52. “We take as our starting point Lord Herschell’s remark to Sir George Jessel: ‘[I]mportant as it was that people should get justice, it was even more important that they should be made to feel and see that they were getting it.’ ” 1 The matter before the court arises from two motions: (i) “Motion Of The Unofficial Committee of 13V2% Notehol...
Views: 1
MEMORANDUM OPINION ON RECONSIDERATION This matter comes before the Court on the objection of Thomas E. Raleigh, Chapter 7 trustee (the “Trustee”) for the estate of William J. Stoecker (the “Debtor”), to a proof of claim, as subsequently amended, filed by the Illinois Department of Revenue (the “Department”). For the reasons set forth herein, the Court having considered all the pleadin...
Views: 3
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT THIS MATTER came on for hearing upon the Motion for Summary Judgment filed by Plaintiff and Defendant’s Amended Motion for Summary Judgment. The Court, having considered the Motions and being otherwise fully advised, finds as follows: In April 1991, Plaintiff and Defendant partic...
Views: 1
MEMORANDUM OF DECISION Prior to its Chapter 11 filing and for a short time thereafter, debtor Muskin, Inc., was a manufacturer of summer lawn furniture. Its assets have now been sold, and a liquidating plan has been confirmed. Soon after it filed its Chapter 11 petition, Muskin entered into an agreement with Security Pacific Business Credit, Inc., for the use of cash collateral. The agreement...
Views: 0
DECISION AND ORDER The matter before the court for decision arises as a result of a motion for summary judgment filed by Joyce A. Fristoe in the above-captioned adversary proceeding. She seeks a determination that her entitlement to forty-five percent (45%) of the military retirement pension of Curtis Lee Fris-toe, the defendant, is a non-dischargeable debt in Mr. Fristoe’s Chapter 7 proceeding. B...
Views: 0
DECISION & ORDER Facts The debtor, Eglenna F. Cassell, filed a Chapter 7 bankruptcy petition on January 28, 1992. In Schedule C of her bankruptcy schedules, the debtor claimed as exempt annual payments from a structured wrongful death settlement agreement dated September 13, 1990, resulting from the death of her husband. The statutory basis for the exemption was Va.Code § 34-28.1...
Views: 0
DECISION AND ORDER The matter before the Court for decision involves that portion of the Fifth Application for Interim Compensation and Reimbursement of Expenses of Counsel for Debtor, Gentry, Locke, Rakes & Moore, (Gentry) pertaining to counsel’s representation of the Debtor in dischargeability proceedings in this Chapter 11 case. Federal Realty Investment Trust (Federal Realty) objected...
Views: 0
MEMORANDUM OF OPINION Braeview Manor, Inc., the Debtor in this chapter 11 case, filed its petition on December 28, 1989. The Debtor operates a 230-bed nursing home at 20611 Euclid Avenue, Euclid, Ohio (the “Premises”). On October 17, 1991, First Federal Savings & Loan of Rochester (“FirstFed”) filed its motion requesting relief from stay to evict the Debt- *449 or from the Pr...
Views: 0
MEMORANDUM OF OPINION AND ORDER 1 Defendant, Ines Ross (Ross), has petitioned the Court to amend the findings of facts, amend the judgment, or, alternatively, set aside the prior judgment and grant a new trial. Additionally, an imposition of sanctions against the Plaintiff, Donna Bumgartner (Trustee), is requested by Ross. Following the conclusion of an adversary proceeding f...
Views: 1
MEMORANDUM OF DECISION In this adversary proceeding, the plaintiff John Kendall (the “Trustee”), the trustee of the above-captioned chapter 11 estate, seeks judgment against defendant Bank of *1014 California, N.A. (“BanCal”) in the principal amount of $1.5 million as the recipient of a constructively fraudulent transfer in connection with a leveraged buyout. For the reasons ...
Views: 3
MEMORANDUM OPINION A junior lien creditor who financed a chapter 11 debtor’s automobile dealership seeks to enhance its distribution from the proceeds of the sale of the debtor’s business. To accomplish this, the junior creditor has filed a complaint with three counts relating to the recovery from the senior lien creditor of an allegedly preferential transfer and one count for equitable s...
Views: 1
MEMORANDUM OPINION Chapter 11 Trustee, Richard A. Mar-shack (“Trustee”), filed a Request for Allowance of Interim Fees and Expenses. In addition to his fees, Trustee requests separate compensation for time spent by paraprofessionals in his firm performing duties of the type generally performed by Chapter 11 trustees in administering a debtor’s estate. Trustee contends compensation for par...
Views: 2
MEMORANDUM OPINION ON MOTION OF RICHARD & LORETTA BURSCH TO ALLOW POST-JUDGMENT INTEREST AS PART OF THEIR ALLOWED CLAIM (in the Policy Year 1980-81) In this proceeding under Chapter 11 of the Bankruptcy Code, the Pettibone Corporation and its related companies reorganized. Their Plan was confirmed on December 9, 1988. The Court retained jurisdiction to determine any claims disputes that a...
Views: 0
MEMORANDUM OPINION ON THE CONFIRMATION OF DEBTOR’S PROPOSED CHAPTER 13 PLAN Debtor Yorlanda Christophe has proposed her amended Chapter 13 plan for confirmation. No party has objected to this plan. However, the Court exercised its independent obligation to determine whether the proposed plan fulfilled the requirements of 11 U.S.C. §§ 1322 and 1325. There is a question concerning the proposed pl...
Views: 1
MEMORANDUM DECISION The matter before the Court is objections to a Rule 2016(a) Application for Compensation and Reimbursement filed by Debtors’ counsel, Yankton, South Dakota, Attorneys John Harmelink and Wanda How-ey-Fox. Objections were filed by the United States Trustee [hereinafter “U.S. Trustee”] through Sioux Falls Attorney Bruce J. Gering and by Farm Credit Bank of Omaha [hereinaf...
Views: 0
ORDER DENYING MOTION FOR RETROACTIVE APPOINTMENT OF ATTORNEY The trustee, Kenneth L. Spears, has requested retroactive appointment of himself as attorney for the trustee and approval of his legal fees in the amount of some $10,-000. He was appointed trustee- in 1985, after conversion of the case from Chapter 11 and began providing legal services. He failed to apply for approval of employm...
Views: 0
OPINION AND ORDER GRANTING DEBTOR’S MOTION REGARDING USE OF INCOME FROM DEBTOR’S BUSINESS OPERATIONS This matter is before the Court pursuant to Debtor’s Emergency Motion for Interim Order Regarding Use of Income from Debtor’s Business Operations filed on November 30, 1992. After due consideration of the motion, the applicable law, the record herein, the January 8, 1993 transcript of the ...
Views: 0
MEMORANDUM OPINION At issue before the Court are Proofs of Claim Numbers 276 and 277 which were filed in the above case by Jerome Shulman and Lee Swede, respectively, to which objections have been filed by the Official Committee of Unsecured Creditors. Claim number 276 is in the amount of $300,000.00 and claim number 277 is in the amount of -$100,000.00. In all other respects, the claims ...
Views: 0
OPINION AND ORDER Debtor, Dale Moler, has filed a motion to avoid the judicial lien of Nonilco Corporation (“Nonilco”) on real property used as the debtor’s residence. The debtor asserts that Nonilco’s lien may be avoided under 11 *562U.S.C. § 522(f)(1) as impairing a homestead exemption to which he would otherwise be entitled. The debtor further contends that Nonilco’s lien is void in that Nonilc...
Views: 0
ORDER ON MOTIONS FOR RECONSIDERA TION BACKGROUND On February 16, 1993, this court entered its order herein, addressing certain issues raised by Debtor in its request for an order requiring the Chapter 12 standing Trustee (hereafter, “Trustee”) to close this Chapter 12 case. The court also addressed in that order, sua sponte, the propriety of the collection by Trustee of a percentage fee on plan ...
Views: 0
MEMORANDUM OPINION AND ORDER ON TRUSTEE’S OBJECTION TO DEBTORS’ CLAIMED EXEMPTION In this Chapter 7 case, the case trustee filed a timely objection to the debtors’ claimed exemption in personal injury proceeds, and the matter was presented to the Court on January 19, 1993, on a stipulated document entitled “Annuity Contract” issued by Safeco Life Insurance Company, and upon the undisputed state...
Views: 0
OPINION REGARDING DEBTORS’ OBJECTION TO ALLOWANCE OF CLAIM I. ISSUES This adversary proceeding presents two issues. First, have the debtors timely filed an objection to a claim? Second, has the Internal Revenue Service properly filed an amendment to a claim or has it filed an untimely new claim? II. JURISDICTION This court has jurisdiction over the adversary proceeding purs...
Views: 0
OPINION Comes now before the Court the Complaint of Dale Thomas, Trustee, for Turnover of Property of the Estate pursuant to regular setting in Tyler, Texas. Due to the absence of any factual dispute, the parties submitted this matter before the Court based on written stipulations and briefs. This opinion constitutes findings of fact and conclusions of law in accordance with Fed.R.Bankr.P...
Views: 0
DECISION ON MOTION FOR DECLARATORY JUDGMENT THAT DEFENDANT HAS NO RIGHT OF SET OFF American Cyanamid Company, Lederle Division (“American”), a creditor of the Chapter 11 debtor, argued that if this court rejects its setoff claim against the debtor it would result in a case of first impression. On the contrary, if this court sustains the debtor’s opposition to the asserted setoff, it would...
Views: 2
ORDER GRANTING THE INSURANCE COMPANY’S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT DEBTOR BEARS THE BURDEN TO PROVE ITS ENTITLEMENT TO COVERAGE ON A DUTY TO INDEMNIFY STANDARD BASED ON THE ACTUAL FACTS OF THE UNDERLYING BUILDING CLAIMS THIS CAUSE came on for hearing upon *664the Insurance Company’s1 Motion for Partial Summary Judgment that Debtor Bears the Burden to Prove Its Entitlement to Coverage...
Views: 0
DECISION ON MOTION OF NATIONAL AMERICAN FOR DIRECT PAYMENT This contested matter is before the court pursuant to a dispute between a surety, National American Insurance Company (“National”), and the Unsecured Creditors’ Committee (“UCC”) oyer the disposition of money held by Messer Construction Company (“Messer”), construction manager for a public construction project at the University of...
Views: 0
DECISION ON OBJECTION OF UCC TO SECTION 3.4 OF PLAN Second Amended Plan (the “plan”) in this case has been confirmed. The plan includes a provision, Section 3.4, which deals with the order of payment of certain monies to creditor Chase Bank. Prior to confirmation, the Unsecured Creditors’ Committee (“UCC”) had objected to that provision. The plan itself provided that the question reserved by th...
Views: 0
DECISION Debtor filed for relief under Chapter 7 of the Bankruptcy Code. The matter before the court is a motion by debtor Julius H. Braverman (“debtor”) to avoid judicial liens which debtor asserts impair his right to a homestead exemption under Ohio law. 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...
Views: 0
This action under 11 U.S.C. § 523(a)(2)(A) came on for trial on December 30, 1992. It alleges fraud arising out of the Debtor’s use of a credit card to buy Christmas presents, at a time when she was unemployed and heavily in debt. This Court finds that fraud has been established by a preponderance of the evidence 1 , and that the creditor J.C. Penney must prevail in...
Views: 1
MEMORANDUM OPINION Pending before the Court are four Motions for Leave to File a Late Proof of Claim. The four creditors requesting leave are: Leona Forzano (Forzano), Roland Baldwin (Baldwin), Armand Giles (Giles) and Henry Silvas (Silvas). After having heard oral arguments and having considered these motions, as well as the responses and objections of the debtor and the unsecured credit...
Views: 2
MEMORANDUM OPINION This matter is before the Court upon the Debtor Christine Ford’s petition to grant her a “hardship discharge” of a student loan guaranteed by the Debtor and owed to the Tennessee Student Assistance Corporation (“TSAC”) pursuant to 11 U.S.C. § 523(a)(8)(B). The parties entered into a stipulation of certain facts, and a number of exhibits have been filed with the Court. T...
Views: 0
MEMORANDUM DECISION REGARDING DEBTOR’S COUNTERMOTION FOR TURNOVER OF FUNDS On January 14, 1993, this Court heard oral argument on Debtor’s Countermotion for Turnover of Funds. After having considered all of the papers and pleadings on file in this case, and having heard and considered arguments of counsel for the parties, the Court finds it appropriate to partially grant Debtor’s Countermotion....
Views: 0
MEMORANDUM OPINION This case comes before the court on Defendant American National Fire Insurance Company’s (American National) motion for partial summary judgment on Counts II, III, IV, V, VI, VII, VIII, and IX. American National argues that Counts II, III, V, VI, VII, VIII, and IX may be disposed of by applying the Texas statute of limitations to those claims, but Plaintiff Master Mortg...
Views: 1
MEMORANDUM OPINION The debtor herein filed a Chapter 12 proceeding in this Court after having defaulted in a confirmed Chapter 11 proceeding in Oklahoma. This Court has heretofore denied confirmation of two plans of reorganization, lifted the automatic stay so that Agribank FCB could proceed with its foreclosure, and now addresses Agribank’s Motion To Dismiss heard on February 4, 1993. The Mo...
Views: 0
OPINION On consideration before the court is a complaint filed by the debtors, Bobby Joe Taylor and wife, Annie Faye Taylor, against the defendants, Mississippi Learning Institute, Mid-South Neurologist, and South Central Bell; answer to said complaint filed by Mississippi Guaranty Student Loan Agency, hereinafter MGSLA, in the place of Mississippi Learning Institute; a counterclaim filed by MG...
Views: 2
OPINION On consideration before the court is a complaint seeking to deny the discharge-ability of debts filed by the plaintiff, Industrial Design Associates, against the debtor, Wendell Glenn Blount, as well as, a complaint for damages filed by Mississippi Durable Medical Equipment, Inc., and Wendell Glenn Blount against Industrial Design Associates (the latter complaint having initially been file...
Views: 0
OPINION The matters before the court in the above-captioned voluntary Chapter 7 bankruptcy case present issues regarding the priorities of conflicting security interests in certain equipment owned by O’HARA BROTHERS, INC. (“the Debtor”) between Union National Bank & Trust Co. of Soud-erton (“the Bank”), which holds an uncontested blanket lien covering, inter alia, the equipment...
Views: 0
*651 DECISION ON MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT This is an adversary proceeding in which the Plaintiffs, Janet Sculler and Nagel & Rice, Esqs., (collectively, the “Plaintiffs”) seek to have their claims against the Defendant, Leonard Rosen, the debtor herein, (“Rosen” or the “Debtor”) deemed nondis-chargeable pursuant to 11 U.S.C. § 523(a)(5). This ma...
Views: 16
ORDER ON HEARING EN BANC REGARDING THE UNAUTHORIZED PRACTICE OF LAW THIS CAUSE came before the Court for hearing en banc before Chief Judge Sidney M. Weaver, Judge A. Jay Cristol and Judge Robert A. Mark in the afternoon of October 30, 1992. The issue before the Court is the conduct of Daniel Schramek and Sal Davide and a Florida corporation known as the L.A.W. Clinic, Inc. Daniel Schramek an...
Views: 0
MEMORANDUM At Saint Louis, in this District, this 9th day of March, 1993. The Trustee’s Adversary Complaint to recover an allegedly preferential transfer pursuant to 11 U.S.C. § 547 was tried to the Court on March 8, 1993. At the conclusion of the trial, the Court announced its determinations and orders from the bench. This is a core proceeding pursuant to Section 157(b)(2)(F) of Title 28 of the ...
Views: 0
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. PROCEDURAL BACKGROUND Plaintiff, E...
Views: 0
MEMORANDUM OF DECISION ON APPLICATION TO FILE LATE PROOF OF CLAIM This matter is before us 1 on Claimant’s motion for an order granting permission to *678 file a late proof of claim. The issue presented is whether a debtor-guarantor, without knowledge of prepetition default that would give rise to prepetition liability, must provide actual notice of a claims bar da...
Views: 1
MEMORANDUM OF DECISION ON OBJECTION TO CLAIM UNDER THE NEW YORK ABANDONED PROPERTY LAW *687 The issues presented 1 include whether Comptroller’s right to pre-petition and post-petition abandoned property under the New York Abandoned Property Law (NYAPL) is pre-empted by the Federal Bankruptcy Laws; and whether Comptroller filed a timely and valid customer property proof of claim. We hold ...
Views: 0
ORDER On this 12th day of March, 1993, the Motion to Reopen Case filed December 4, 1992 by the Resolution Trust Corporation as Receiver for Germantown Trust Savings Bank (“RTC”) (Docket Entry No. 9) with Objections thereto filed December 17, 1992 by the Debtor (Docket Entry No. 11); the Motion to Vacate Injunction Imposed by 11 U.S.C. § 524 filed by RTC on December 4, 1992 (Docket Ent...
Views: 0
151 B.R. 709 (1993) In re Harry GREENBURGH, Debtor. Eve T. DILG a/k/a Eve T. Greenberg, Plaintiff, v. Harry GREENBURGH, Defendant. Bankruptcy No. 88-11807S, Adv. No. 92-1243S. United States Bankruptcy Court, E.D. Pennsylvania. March 26, 1993. Thomas J. Turner, III, Philadelphia, PA, for debtor. William L. Weiner, Langhorne, PA, for Eve T. Dilg. Edward Sparkman, Philadelphia, PA, Chapter 13 Truste...
Views: 0
MEMORANDUM OF DECISION This proceeding comes before the Court on cross-motions for summary judgment filed both by Plaintiff Century 21 Balfour Real Estate (“Balfour”) and Defendant Philip G. Menna (“Menna”). The parties have presented stipulated facts, and each seeks a judgment as a matter of law, pursuant to F.R.Bky.P. 7056(c). This matter is a core proceeding pursuant to 28 U.S.C. §...
Views: 1
152 B.R. 604 (1993) In re Steven Joseph SMITH, Debtor. Steven Joseph SMITH, Plaintiff, v. Mary R. SMITH, Defendant. Bankruptcy No. 92-42343, Adv. No. 92-4285. United States Bankruptcy Court, W.D. Missouri. March 22, 1993. Jack R. Grate, Jr., Independence, MO, for plaintiff. Luanne F. Kurth, Kansas City, MO, for defendant. ORDER AND MEMORANDUM OPINION KAREN M. SEE, Bankruptcy Judge. Plaintiff/Deb...
Views: 0
152 B.R. 573 (1993) In re James Robert DALE, a/k/a J.R. Dale, a/k/a J.R. Dale Farm, Debtor. Bankruptcy No. 6-92-602. United States Bankruptcy Court, D. Minnesota. March 23, 1993. *574 Kevin T. Duffy, Duffy Law Office, Thief River Falls, MN, for debtor. Robert Bigwood, Pemberton, Sorlie, Sefkow & Rufer, Fergus Falls, MN, Robert Vaaler, John S. Fostero, Vaaler, Warcup, Woutat, Zimney & Fost...
Views: 0
DECISION AND ORDER Before us is the application for compensation of Christopher H. Little, Esq. of the firm Tillinghast, Collins & Graham (TC & G), as special counsel to the Debtor in this liquidating Chapter 11 case. At the hearing on said application held on October 29, 1992, the Rhode Island Division of Taxation, a creditor with a claim in excess of $2 Million, was not present. In light of the...
Views: 2
152 B.R. 248 (1993) In re Roger E. KLASKA, Helen A. Klaska, Debtors. Bankruptcy No. 92-71900. United States Bankruptcy Court, C.D. Illinois. February 8, 1993. *249 Alan D. Bourey, Decatur, IL, for debtors. James A. Lewis, John W. Duncan, Asst. U.S. Attys., Springfield, IL, for IRS. John H. Germeraad, Springfield, IL, Trustee. OPINION LARRY L. LESSEN, Chief Judge. The issue before the Court is wh...
Views: 0
MEMORANDUM These two lawsuits have been consolidated for trial. There are two main issues to be decided. First, the plaintiff, Daniel R. Greene (“Greene”), contends that the debt- or-defendant, Dennis G. Ellis Sr. (“Ellis”), still owes him the balance due on a piece of real estate the plaintiff sold Ellis and that such obligation should be declared nondis-chargeable pursuant to §§ 523...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Parties’ Cross Motions for Summary Judgment. The undisputed facts are as follows. The Debtor owed approximately $33,-000.00 in back taxes, penalties and interest to the Internal Revenue Service (“IRS”). On or about February 20, 1992, the IRS levied on the debtor’s wages. The Debtor is a salesman paid monthly by Physicians Mut...
Views: 0
152 B.R. 57 (1993) In re MECHEM FINANCIAL INC., Debtor. W. James SCOTT, Jr., Movant, v. MECHEM FINANCIAL INC. and Robert G. Dwyer, Esq., Trustee, Respondents. Bankruptcy No. 90-00193E. United States Bankruptcy Court, W.D. Pennsylvania. March 24, 1993. James R. Walczak, Erie, PA, for W. James Scott, Jr. John O. Dodick, Erie, PA, for trustee. James E. Blackwood, Erie, PA, for Michael Q. Lebron and ...
Views: 0
OPINION Introduction Presently before the Court are two motions filed by Pamela Polliard (“Mrs. Polli-ard”), the estranged wife of James Polliard (“Debtor”). Mrs. Polliard seeks to enjoin Carlota M. Bohm, Esq. (“Trustee”), the trustee in this Chapter 7 bankruptcy case from selling real property located at 456 Crestview Drive (the “Property”) which is owned by Mrs. Polliard and th...
Views: 3
MEMORANDUM DECISION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT The cross motions for summary judgment in this adversary proceeding between the debtor and its primary secured creditor raise three issues. First, did the pre-petition appointment of a state court receiver result in a preferential transfer? Second, are funds from the settlement of litigation arising from breach of a real pro...
Views: 1
OPINION AND ORDER On July 15,1991, the Debtors, George R. Mallamaci and Alice L. Mallamaci, trading and doing business as George’s Mini Mart, George’s Mini Market, George’s, George’s Market, George’s Cozy Corner Family Restaurant, George’s Old Fashion Ice Cream, and George’s Coffee Shop, filed for Relief under Chapter Eleven of the United States Bankruptcy Code. Although represented by Attorney ...
Views: 0
FINDINGS OF FACTS AND CONCLUSIONS OF LAW ON APPLICATION OF U.S. DIE FOR SHEFFIELD LEASE PAYMENTS AS AN ADMINISTRATIVE EXPENSE This is a proceeding under Chapter 11 of the Bankruptcy Code, Title 11 U.S.C., in which debtor’s Plan of reorganization has been confirmed. U.S. Die Casting and Development Co., Inc. (“U.S. Die”) has moved for payment of its claim as an administrative expense,...
Views: 2
ORDER IMPOSING SANCTIONS This case came on for hearing on November 4, 1992 on the motions of the Committee of Unsecured Creditors, Sonlight Television, Inc. and the trustee for the imposition of sanctions against N. Walter Goins pursuant to Rule 9011 of the Federal Rules of Bankruptcy Procedure. Steven L. Freeman appeared for the Committee of Unsecured Creditors, Thomas J. Lallier app...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon Motions for Summary Judgment filed by the plaintiff and the defendant. A hearing by telephone conference call was held on November 11, 1992. At that time the defendant conceded that his obligation to pay child support is non-dischargeable. The parties agree there are no genuine issues of material fact...
Views: 0
MEMORANDUM OPINION Debtor appears by his attorney, William E. Metcalf of Metcalf & Justus, Topeka, Kansas. The United States of America, on behalf of its agency, the Farmers Home Administration, appears by its attorney, Jackie A. Rapstine, Assistant United States Attorney. This proceeding is core under 28 U.S.C. § 157. The Court has jurisdiction under 28 U.S.C. § 1334 and the general...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a chapter 11 reorganization case and before the Court are the following matters: 1. Debtor’s Motion to Designate Vote [of Marlow Investments, N.V. and Carmelitas Holding Company] As Not In Good Faith, 2. Debtor’s Amended Objection to Claim of Marlow Investments, N.V. and Carmelitas Holding Company, 3. Confirmation of Debto...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon Motion to Dismiss filed by Great Western Bank (“Great Western”). A hearing was held on January 7, 1993, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings of Fact Debtor filed a petition for relief under chapter 13 on July 6, 1990 (Case Number 90-2687...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon complaint of John Carlson seeking exception to discharge pursuant to 11 U.S.C. § 523(a)(2) and (4). A trial was held on February 12, and September 24, 1992, at which time plaintiff abandoned his claim under § 523(a)(2), leaving for consideration, only the embezzlement count of the complaint. Upon the ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DENIAL OF CONFIRMATION OF DEBTOR’S SECOND AMENDED PLAN OF REORGANIZATION THIS CASE was heard on February 12, 1993, to consider confirmation of the Second Amended Plan of Reorganization filed by the debtor-in-possession. Austin Ocala Limited (the “Debtor”) and the objection to confirmation filed by NationsBank of Florida, N.A., successor by merge...
Views: 1
Memorandum of Decision California Code of Civil Procedure section 704.070 permits a debtor to exempt seventy-five percent of paid earnings that were paid to an employee within 30 days of levy. Section 706.011(a) defines such earnings as “compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or o...
Views: 0
OPINION BACKGROUND Debtors Thomas and Lynne Mantz (“the Mantzes”) filed their Chapter 7 petition on December 28, 1988 without listing the Internal Revenue Service (“IRS”) on their schedules or providing other notice to the IRS.1 The Mantzes had failed to file tax returns for the years 1986 and 1987. The § 3412 meeting of creditors was scheduled for January 26,1989. The IRS had 90 days from that ...
Views: 1
ORDER ON MOTIONS TO DETERMINE CORE STATUS OF THIS ADVERSARY PROCEEDING THIS CAUSE came on to be heard upon various Defendants’ motions to determine whether this proceeding is a core proceeding (28 U.S.C. § 157). Debtor has filed a five-count complaint seeking, in the main, declaratory relief under 28 U.S.C. §§ 2201 and 2202. Counts I, II, and III seek a declaration that under numerous ins...
Views: 2
MEMORANDUM OPINION Debtor filed his petition for relief under Chapter 7 on July 30,1992. The Pacesetter Corporation, hereinafter creditor, timely filed its adversary action challenging dis-chargeability of its debt under 11 U.S.C. § 523(a)(2), together with a Motion To Dismiss for lack of good faith in the filing, together with a Motion For Relief To Foreclose Security Interest. The propriety of...
Views: 0
MEMORANDUM OPINION This cause is before the Court on the December 23, 1992 Motion for Relief from the Automatic Stay filed by the Mahoning County Child Support Enforcement Agency (“Movant”). Debtors’ response was filed January 12,1993. A hearing on the motion was held January 20,1993 at which counsel for Debtors and the Chapter 13 Trustee appeared. Debtors’ Chapter 13 plan calls for payments ...
Views: 0
152 B.R. 917 (1993) In re DAVIDSON METALS, INC., Debtor and Debtor-in-Possession. Bankruptcy No. 490-00754. United States Bankruptcy Court, N.D. Ohio. March 22, 1993. *918 Michael J. Moran, Cuyahoga Falls, OH, James W. Slater, Akron, OH, for Davidson Metals, Inc. Michael Axel, Society Nat. Bank, Cleveland, OH, John F. Kostelnik and Mary C. Kaczmarek, Cleveland, OH, for Society Nat. Bank, successo...
Views: 0
MEMORANDUM OPINION and ORDER The cause before the Court is the motion of Phar-Mor, Inc. and 15 affiliated entities (collectively, “Debtors”) to prohibit the transfer of certain stock in Debtors until June 30, 1993. An objection was filed by Westinghouse Credit Corporation and First Westinghouse Capital Corporation (collectively, “Objectors”). Arguments were heard on February 4, 1993. The Cour...
Views: 0
OPINION AND ORDER FINDING COMPLAINT TIMELY FILED This matter is before the court upon the parties’ briefs in support of their positions regarding the statute of limitations defense asserted by the defendant to the filing of plaintiff/trustee’s complaint to avoid preferential transfers pursuant to 11 U.S.C. § 547(b). Upon consideration of the record herein, the court finds that said complaint was t...
Views: 1
MEMORANDUM OF DECISION The debtors have moved under 11 U.S.C. § 1329 to modify their confirmed chapter 13 plan. The proposed modification would allow the debtors to retain both their federal and state 1992 income tax refunds in the amounts of $923.00 and $375.00, respectively. Secured and unsecured creditor Pioneer Federal Credit Union (“Pioneer”) objects to the proposed modification. Pioneer...
Views: 0
*53 SUMMARY ORDER The debtor in possession in each of the above designated chapter 11 cases has moved for “substantive consolidation” of the two cases. Creditor Farm Credit Services and the Assistant United States Trustee oppose the motions. At this stage of the proceedings, the motions will be denied for the reasons stated hereafter. The Lynn E. Stevenson chapter 11 petitio...
Views: 0
MEMORANDUM OF DECISION Arthur and Dian Eakin, formerly debtors in bankruptcy (“debtors”), have reopened their chapter 7 closed case and move for civil contempt sanctions against Beneficial Idaho, Inc. (“Beneficial”). The debtors had been discharged in the previous chapter 7 case and now seek to have Beneficial held in contempt for attempting to foreclose on their mobile home. Beneficial c...
Views: 0
MEMORANDUM OF DECISION The Internal Revenue Service of the United States moves to dismiss this chapter 13 petition. Russell and Elizabeth Har-baugh, the debtors, (“debtors”), oppose the motion. This case is the debtors’ second filing in this Court. Debtors had filed a chapter 13 petition on March 9, 1987. The plan was confirmed in that case, but debtors elected to convert to chapter 7 on Apri...
Views: 3
SUMMARY ORDER Carolyn Saito (“Saito”), a creditor of Sharon Johnson (“Johnson”) and Bradley Pacific, Ltd. (“Pacific”), both debtors in this Court (collectively, “debtors”), moves for relief from the section 362 automatic stay, and for this Court to abstain from exercising jurisdiction over these eases. The trustees of both Johnson and Pacific oppose this motion. The underlying controversy bet...
Views: 0
MEMORANDUM OF DECISION On January 6, 1993, this Court issued an opinion holding that Sunshine Precious Metals, Inc., the debtor in this Chapter 11 (“SPMI”), did not have an interest to assume or reject in a lease of mining property from Mary Mining Co., Inc. (“Mary Mining”). This matter is again before the Court on Mary Mining’s motion to set aside the January 6 order, and to allow Mary Mining’s ...
Views: 0
152 B.R. 971 (1993) In re ARDEN AND HOWE ASSOCIATES, LTD., a California Limited Partnership, Debtor. Bankruptcy No. 90-28068-C-11. United States Bankruptcy Court, E.D. California. March 31, 1993. *972 Mark A. Serlin, Flaherty & Serlin, Sacramento, CA, for Chapter 11 Trustee. Patrick Costello, Pillsbury, Madison & Sutro, and William McGrane, Zankel & McGrane, San Francisco, CA, for Hom...
Views: 1
OPINION The bankruptcy court disallowed the post-petition portion of the creditor’s application for attorney's fees under § 506(b). REVERSED and REMANDED. I. FACTS Creditor-Appellant James T. Takisaki (“Takisaki”) loaned the Debtor-Appellee Alpine Group, Inc. (“Alpine”) $1.37 million as 100% financing for the purchase of unimproved real property known as Three Tree Point. The loan was secur...
Views: 3
OPINION Factual Background Presently before the Court is the City of Farrell’s MOTION TO LIFT AUTOMATIC STAY AND COMPEL TURNOVER OF TRUST FUND TAXES (“Motion”). Sharon Steel Corporation Et Al, (“Debtor”) is required by statute to withhold local earned income tax from its employees and remit the withheld taxes to the City of Farrell on a quarterly basis. For the fourth quarter of 1992, t...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard upon the Motion to Set Aside Default Judgment filed by Louisiana Chemical Equipment Company, Inc. (“Louisiana Chemical”) pursuant to Federal Rule of Civil Procedure 60(b). STATEMENT OF FACTS The background facts leading up to this case are as follows. In October 1988, Reynolds Metals Company, Inc. (“Reynolds”) sold the equipment at issue t...
Views: 0
DECISION ON OBJECTIONS TO CLAIMS OF GREAT WATERS OF FRANCE, INC. AND POLAND SPRING CORPORATION The confirmed Chapter 11 debtor, New York Seven-Up Bottling Company, Inc., has objected to proofs of claim filed by Great Waters of France, Inc. (“Great Waters”) and Poland Spring Corporation (“Po *22 land Spring”) as having been filed more than one month after the bar date fixed by this court. The ...
Views: 0
DECISION ON MOTION FOR ORDER DEEMING D & D ASSOCIATES’ PROOF OF CLAIM TIMELY FILED NUNC PRO TUNC AND FOR SANCTIONS D & D Associates (“D & D”), a creditor in this Chapter 11 case, has moved for an *145 order pursuant to Federal Rule of Bankruptcy Procedure 3003(c)(3) and 9006 for an order deeming its proof of claim filed after the bar date to be timely filed, and for sanctions...
Views: 0
DECISION ON MOTION FOR A TEMPORARY RESTRAINING ORDER ENJOINING THE RANKIN COUNTY MISSISSIPPI BOARD OF SUPERVISORS Lone Star Industries, Inc., the Chapter 11 debtor in possession, has moved for a temporary restraining order enjoining the Rankin County Mississippi Board of Supervisors (the “Board of Supervisors”) from continuing a lawsuit in the United States District Court for the Southern...
Views: 8
MEMORANDUM DECISION The matter before the Court is a motion for relief from the automatic stay filed by Farm Credit Services [hereinafter “FCS”] *290 through Yankton, South Dakota, Attorney Douglas R. Kettering and resistance filed by Debtor’s counsel, Yankton, South Dakota, Attorney Wanda Howey-Fox. The issue is whether relief from the automatic stay may be granted to co...
Views: 0
OPINION Monty P. McClellan, (Debtor) is a doctor. Prior to his bankruptcy filing he practiced medicine through a professional corporation, M & S Medical Center S.C. (M & S), which established ERISA qualified profit-sharing and pension plans (PLANS). Also prior to his bankruptcy filing the National Bank of Monmouth (BANK), on February 9, 1984, took a judgment against him for $150,145.53. Shortly...
Views: 0
ORDER DENYING MOTION TO TAX FEES; COSTS AND ASSESS DAMAGES AGAINST THE PETITIONING CREDITORS; AND DIRECTING ATTORNEY FOR PETITIONING CREDITORS TO PAY FEES AND COSTS PURSUANT TO BANKRUPTCY RULE 9011 THIS CAUSE came before the Court on December 9, 1992, upon a Motion to Tax Fees, Costs And Assess Damages Against The Petitioning Creditors (“the hearing”), filed by the debtor, Century Tile And ...
Views: 0
151 B.R. 530 (1993) In re BESTWAY PRODUCTS, INC., formerly Best Trading Co., Debtor. In re Marvin Lee WETHERBEE, Debtor. Marvin Lee WETHERBEE, Plaintiff, v. WILLOW LANE, INC., Defendant. Bankruptcy Nos. 283-00029-C-7, 91-23191-C-7, Adv. No. 92-2407. United States Bankruptcy Court, E.D. California. February 16, 1993. *531 Wayne B. Harbarger, III, Sacramento, CA, for plaintiff, debtor. Peter A. Buc...
Views: 1
DECISION AND ORDER DENYING DEFENDANT’S “MOTION TO DISMISS” Before the court is defendant’s motion to dismiss the plaintiffs’ complaint under Fed. R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. This court has jurisdiction pursuant to 28 U.S.C. § 1334(b) and the standing order of reference entered in this judicial district. This matter is a core proceeding ...
Views: 0
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)(A), which the Court may hear and determine. PROCEDURAL AND FAC...
Views: 0
*746 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. P...
Views: 0
ORDER DENYING MOTION FOR STAY PENDING APPEAL THIS CAUSE is before the Court upon the “Motion for Stay Pending Appeal” filed by Farmers Insurance Company, Inc. (“Farmers”) on March 18, 1993. The debt- or is a fourteen year old child incarcerated for the murder of Edward Cooper. The sole debt listed on the petition is the $2,500,000 wrongful death suit filed by the estate of Edward Cooper in stat...
Views: 0
ORDER OVERRULING OBJECTION TO MODIFIED PLAN THIS CAUSE is before the Court upon an Objection to the Modified Plan, filed on November 19,1992, and the amended objection filed on January 12, 1993. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that this is a “core proceeding” within the meaning of 28 U.S.C. § 157(b) as exemplified...
Views: 0
152 B.R. 743 (1993) In re Alushia ROBINSON. Alushia ROBINSON, Plaintiff, v. Neal JONES d/b/a Arkansas Auto Exchange, Defendant. Bankruptcy No. 93-40245S, Adv. No. 93-4028. United States Bankruptcy Court, E.D. Arkansas, W.D. March 11, 1993. Alushia Robinson, pro se. Neal Jones, pro se. ORDER TO CLERK MARY D. SCOTT, Bankruptcy Judge. THIS CAUSE is before the Court upon a sua sponte review of the C...
Views: 0
ORDER IMPOSING SANCTIONS The Court, sua sponte, and based upon a request by creditors Danny and Cheryl Looper, issued an Order to Show Cause why sanctions should not be imposed. After hearing testimony and argument of counsel, the Court deems it appropriate that sanctions be awarded pursuant to Rule 9011, Federal Rules of Bankruptcy Procedure, against counsel for the debtors...
Views: 0
MEMORANDUM OPINION THIS CAUSE came before the Court upon the trial of the complaint filed by the separate debtor, Albert D. Copeland, to determine dischargeability of certain marital debts. 1 The debtor asserts that certain debts from his first marriage to Marsha Ann Copeland constituted a division of marital property, and not in the nature of alimony such that the debts are dischargea-ble....
Views: 0
MEMORANDUM OPINION John R. Roesner appears by his attorney, Mark J. Dinkel of Salina, Kansas. Edward J. Nazar, of the firm of Redmond, Redmond & Nazar, Wichita, Kansas, is the standing Chapter 12 trustee. He appears as his own attorney. This proceeding is core under 28 U.S.C. § 157; the Court has jurisdiction under 28 U.S.C. § 1334 and the general reference order of the District ...
Views: 0
*65OPINION This opinion follows the court’s earlier opinion in this case dated and filed on November 13, 1992 and published at 147 B.R. 221 (Bankr.Or.1992). That opinion resulted from a dispute between the standing chapter 13 trustee for Portland, Oregon, Robert W. Myers (“Myers”) and the Executive Office for United States Trustees (“EOUST”). Myers had been sued by a former employee of his office ...
Views: 0
MEMORANDUM DECISION The matter before the Court is a 28 U.S.C. § 1334 motion to abstain, filed by Omaha, Nebraska, Attorneys Harry D. Dixon, Jr., and T. Randall Wright, and by Sioux Falls, South Dakota, Attorney Robert E. Hayes on behalf of Defendant Bonnie Weinberg [hereinafter “Defendant”] and Defendant Weinberg-PM, Inc., requesting the Court to abstain from any decision or further ...
Views: 0
MEMORANDUM OF DECISION The stipulated facts underlying this contested motion for relief from stay by Fleet Bank of Maine, f/k/a Norstar Bank of Maine (“Movant”) are as follows. Movant holds valid and duly perfected security interests in three parcels of real property of the Debtors which secure two separate promissory notes, upon which Debtors ceased making payments to Movant as of Fe...
Views: 0
*716 OPINION A. INTRODUCTION The instant proceeding requires this court to determine whether two United States Tax Court (“the Tax Court”) decisions, which the parties stipulated constituted practically the entire record of this proceeding, establish that the Debtor’s tax liabilities are nondischargeable under 11 U.S.C. § 523(a)(1)(C). Since the Tax Court expressly found...
Views: 1
MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT The Plaintiff has moved for a summary judgment, determining that certain obligations of the defendant, her former husband, are nondischargeable. The motion is granted because the only disputed issue has been decided in a state court proceeding. BACKGROUND On November 8, 1990, after a one day dissolution hearing, Judge Novak of ...
Views: 2
MEMORANDUM OF OPINION AND ORDER In the above-styled adversary proceeding Joel H. Rathbone (Trustee) sought authority to sell certain of the Debtors’ personal property during the course of administering the Debtors’ Chapter 7 estate. Among the various items sold was a D-5 liquor permit issued by the State of Ohio (See, Motion For Authority To Sell, etc. filed 8-31-92). The assets were sold...
Views: 7
DECISION ON MOTION FOR ORDER FIXING DATE BY WHICH DEBTOR MUST ASSUME OR REJECT UNEXPIRED LEASE, COMPELLING CURE OF DEFAULTS, AND ALLOWING AN EXPENSE OF ADMINISTRATION The Chapter 11 trustee of Continental Information Systems, Inc. (“CIS”) has moved pursuant to 11 U.S.C. § 365 to compel the liquidating Chapter 11 debtor in this case, Thomson McKinnon Securities Inc. (“TMSI”), either to...
Views: 0
DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT Automatic Data Processing Financial Information Services, Inc. (“ADP”) has moved under Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 for partial summary judgment as to Thomson McKinnon Securities, Inc. (“TMSI”) and Thomson McKinnon, Inc.’s (“TMI”) objection to its three proofs of claim and their amended complaint fo...
Views: 0
DECISION ON MOTION TO DISMISS COMPLAINT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO WITHDRAW REFERENCE GTE Communications Systems Corporation (“GTE Supply”) and GTE Leasing Corporation (“GTE Leasing”) (collectively “GTE”) have moved pursuant to Federal Rule of Civil Procedure 12(b)(6), as made applicable by Federal Rule of Bankruptcy Procedure 7012(b), to dismiss the...
Views: 0
DECISION ON MOTION TO DISMISS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) The debtor, Franklin Richard Keppler, the defendant in this adversary proceeding, has moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint filed by the plaintiff, Thomas McDermott, in which he objects to the dischargeability of his debt pursuant to 11 U.S.C. § 523(a)(6). The- pl...
Views: 0
ORDER AUTHORIZING DEBTOR’S USE OF CASH COLLATERAL THIS CAUSE came on to be heard by the Court on March 3 and 10, 1993, upon the Emergency Motion of RIVER OAKS INVESTMENT CORP. (“RIVER OAKS” or the “Debtor”), to use Cash Collateral. The Court having heard the testimony, having considered the evidence adduced, having heard the argument of counsel, and being fully advised in the premises, renders it...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard on the motions seeking relief from the automatic stay of 11 U.S.C. § 362(a) filed by Members Equity Credit Union (“Members”) and Am-erifed Federal Savings Bank (“Amerifed”), and the responses filed by the Debtors through their attorney, Jerome J. Kornfeld (“Kornfeld”). Members also seeks certain declaratory relief and sanctions under...
Views: 1
DECISION AND ORDER BACKGROUND On December 3,1992 the debtor, Thomas M. Evaul (the “Debtor”), filed a petition initiating a Chapter 13 case. On his Schedules, the Debtor listed his residence at 147 Brower Road, Rochester, New York (“Brower Road”) as having a value of $60,-000 and being subject to: (1) a first mortgage lien in favor of Citicorp with an outstanding balance of approximately $53,0...
Views: 0
DECISION AND ORDER BACKGROUND By application dated December 16, 1992, the attorney for the debtor requested an allowance of $7,443.25 in this asset Chapter 7 case for legal services rendered and $28.41 for disbursements incurred. The Rule 2016 disclosure statement filed by the attorney with the debtor’s petition in 1991 estimated that legal fees of $3,000 would be incurred. At that time the C...
Views: 0
DECISION ON CONFIRMATION Debtor Albrechts Ohio Inns, Inc. (hereafter “Albrechts”) filed a Chapter 11 case in this court as did debtor Canter Inns, Inc. (hereafter “Canter”). Albrechts moved for the joint administration of the cases pursuant to Bankruptcy Rule 1015, in the memorandum accompanying its motion reciting that Albrechts owns 100% of the stock of Canter, the two entities therefore bein...
Views: 0
DECISION The debtor has objected to a creditor’s omnibus motion seeking an order (a) Determining Statutory Notice not Necessary, or Alternatively Shortening Notice of Hearing on Disclosure Statement, (b) Approving Adequacy of Disclosure Statement, (c) Scheduling Hearing on Plan Confirmation, Voting Procedures and Related Items, and (d) Approving Form of Omnibus Notice. For the reasons dis...
Views: 0
MEMORANDUM This adversary proceeding has become a dispute between USBI on one side and the two banks on the other side. USBI hired the debtor, Jean & Associates, as a subcontractor. After filing bankruptcy, Jean & Associates billed USBI about $99,000 for work done under the contracts. USBI asserts a claim against Jean & Associates for about $476,000 in overpayments under earlier contracts...
Views: 0
ORDER GRANTING MOTION IN PART AND DENYING MOTION IN PART The above-entitled motion having been submitted for decision, and after consideration thereof, it is ORDERED that the aforesaid motion be and the same is hereby granted in part and denied in part. The court grants that part of the motion where the plaintiff seeks a determination that it holds a first priority perfected sec...
Views: 1
STATEMENT OF THE CASE Piedmont-Forrest Corporation filed a complaint on September 11, 1990. Piedmont-Forrest amended its complaint on September 24, 1990. Historic Macon Station Limited Partnership, Debtor, filed its response to the amended complaint on October 11, 1990. Old Historic Macon Station Corporation also filed its response to the amended complaint on October 11, 1990. On ...
Views: 0
MEMORANDUM AND ORDER ON DEBTOR’S MOTION TO DETERMINE VALUE OF COLLATERAL AND TREATMENT OF SECURED CLAIMS Kimberly A. Terranova, a chapter 13 debtor, has moved for an order under Code § 506(a) and (d) bifurcating the first mortgage of New Haven Savings Bank (“NHSB”) on her residence and voiding that mortgage to the extent that it exceeds the value of that property. NHSB objects, contending...
Views: 0
AMENDED ORDER Heard on March 23,1993 on the Debtor’s Amended Application to Approve Collection and Settlements of Accounts Receivable. At hearing, the Court inquired of counsel concerning the reasonableness of the proposed settlements, particularly that of *13Warwick Building & Maintenance for $3,585, in light of a prior judgment held by the Debtor in the amount of $7,665. Counsel 1 related to us...
Views: 0
DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Before the Court is Plaintiff’s Motion for Summary Judgment in the above referenced adversary proceeding, and the Objection of Michael Medeiros, the Debtor/Defendant. At issue is whether a state court judgment by default constitutes res judica-ta in a subsequent § 523(a)(6) action to determine the dischargeabil...
Views: 0
DECISION AND ORDER Heard on February 8, 1993, on Citizens Savings Bank’s objection to confirmation of the Debtor’s Chapter 13 plan. The Bank argues that the plan proposes an impermissible modification of the Debtor’s home mortgage, by bifurcating the claim into secured and unsecured portions. The Bank also argues that because it contemplates paying nothing to unsecured creditors, the plan is no...
Views: 0
DECISION AND ORDER Before us is Plaintiff’s Motion for Summary Judgment in an adversary proceeding brought to determine the dischargeability of a debt under 11 U.S.C. § 523(a)(6). 1 On February 16, 1993, we entered an order denying summary judgment, based upon the existence of “a genuine dispute as to material fact, i.e. whether Defendants induced and obtained the employment of plaintiff by f...
Views: 0
DECISION AND ORDER Before the Court is the Debtor’s 1 Motion to Avoid Judicial Lien on garnished wages *9 pursuant to 11 U.S.C. § 522(f), and the Objection of creditor G.E. Capital Corporation (“G.E. Capital”). On March 30, 1993, we held a telephonic conference in this matter during which the parties stipulated that the only item remaining in dispute is $663.43, representing wages garnished...
Views: 0
OPINION The United States appeals a bankruptcy court order holding the IRS liable for $2,000 in attorney’s fees incurred by the debtor in defending attempts to collect taxes in violation of a discharge order. We AFFIRM. I. FACTS Mary Germaine (“Germaine”) filed a Chapter 13 1 petition. Her plan was confirmed on May 12, 1986. The Internal Revenue Service (“IRS”) filed ...
Views: 1
MEMORANDUM OPINION This matter is before us on a motion by defendant-movant SPEDD, Inc. (“movant”) in the alternative for dismissal, abstention, a more definite statement or for summary judgment. For reasons that follow, these motions are DENIED. I PROCEDURAL HISTORY Plaintiff/debtor Birdsboro Ferrocast, Inc. (“debtor”) filed an adversary complaint against movant demanding judgment in the amount...
Views: 0
DECISION ON MOTION OF THE TRUSTEE FOR AN ORDER DENYING DISCHARGE TO THE DEBTOR This is an adversary proceeding in which Paul I. Krohn, Esq., as the Chapter 7 trustee (the “Trustee”) of the Debtor, Anne *115 Frommann, (“Frommann” or the “Debt- or”), is the Plaintiff, wherein he seeks to have the Debtor’s discharge denied pursuant to 11 U.S.C. § 727(a)(3) on the grounds that sh...
Views: 3
OPINION The debtor, Kimberly Pratola, brought this order to show cause seeking to have one of her creditors, Fox Hill at Rockaway Condominium Association, found in contempt of court for willfully violating the effect of the bankruptcy discharge pursuant to 11 U.S.C. § 524. The issues raised by this contested matter are core proceedings as defined by Congress in 28 U.S.C. § 157 et seq. The w...
Views: 0
*96MEMORANDUM OPINION I.Introduction This adversarial proceeding has come back before the Court on Shawmut Bank’s (“Shawmut”) motion for reconsideration and vacatur of a final judgment entered by this Court on September 16, 1991 in favor of the defendant holding the debt in question dischargeable. The basis of Shaw-mut’s motion for reconsideration and vaca-tur is its contention that the Court i...
Views: 0
MEMORANDUM OPINION Debtor Bonita Glen II (“debtor”) moves this Court for an order determining and declaring that a ground lease with an apartment building constructed on the leased property does not constitute a lease of nonresidential real property for purposes of 11 U.S.C. § 365(d)(4). The Court has jurisdiction pursuant to 28 U.S.C. § 1334(a) and General Order 312-D of the United ...
Views: 0
MEMORANDUM OPINION This adversary proceeding came on for hearing before the Court on May 1, 1992 for oral argument on a Motion to Dismiss filed by defendant c.i.-Hooksett (formerly c.i. Partnership) and plaintiffs Objection thereto, concerning plaintiffs Complaint to Avoid Fraudulent Conveyance. Plaintiffs Complaint has been superseded by an Amended Complaint filed on December 26, 1991. By Orde...
Views: 0
ORDER DENYING MOTION TO AVOID LIEN BY DEFAULT Creditor Homeowners Lumber Co., Inc., holds a judgment lien on the debtors’ exempt residence. Pursuant to section 522(f)(1) of the Bankruptcy Code, the debtors filed a motion to avoid the lien and served it as follows: HOMEOWNERS LUMBER CO, INC. Attn: President 409 Petaluma Blvd South Petaluma, CA 94952 The creditor did not file opposition...
Views: 1
ORDER DISALLOWING CLAIMS OF ROBERT J. WHITEHEAD AND WILLIAM K. FREEMAN This matter is before the Court upon the Motion to Reconsider Claims of Robert J. Whitehead and William K. Freeman (the “Motion”) filed by Husch & Eppenberger (“Husch”). Notice of the Motion was given to Robert J. Whitehead (“Whitehead”) William K. Freeman (“Freeman”), the Official Unsecured Creditors Commit...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the motion of ABQ Development Corporation (“ABQD”) to dismiss the involuntary Chapter 7 petition filed against it by MCB Financial Group (“MCB”). Having considered the pleadings, the argument of counsel, the applicable law, and otherwise being fully informed and advised, the Court finds the motion to be will taken and will theref...
Views: 1
MEMORANDUM OF OPINION ON STUDENT LOAN Connie E. Mackey (Debtor) seeks a determination that her liability on a student loan made for the benefit of her son, James Mackey, is discharged in her bankruptcy proceeding. Subject to certain limitations, student loans are excepted from a debtor’s discharge under § 523(a)(8) of the Bankruptcy Code.1 This court concludes that § 523(a)(8) does not differentia...
Views: 0
OPINION RE CROSS-MOTIONS FOR SUMMARY JUDGMENT I.INTRODUCTION Until the eve of the filing of an involuntary Chapter 7 petition on February 14, 1990, debtor Ladera Heights Community Hospital, Inc. operated the Marina Hills Hospital in Los Angeles. After entry of a consensual order for relief, the case was converted to Chapter 11. A liquidating plan confirmed in early 1992 gave the Succ...
Views: 3
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT Defendant, Gunster, Yoakley & Stewart, P.A. (“Gunster”), seeks entry of a summary judgment in this adversary proceeding brought by Plaintiff/Debtor, Keith J. Kanouse (“Kanouse”) under § 525(b) of the Bankruptcy Code. Since the Court finds that plaintiff cannot state a claim under that section, summary judgment for the defendant is...
Views: 1
MEMORANDUM AND ORDER The above-captioned cases are Chapter 11 liquidations operating under the terms of confirmed plans proposed by the Federal Land Bank of St. Paul (nka Agri Bank FCB), the principal creditor in each case. Presently under consideration is the appropriate fee to be awarded to Jon Brakke, the attorney who on behalf of FLB crafted the plans and who, subsequent to confirmati...
Views: 2
152 B.R. 960 (1993) In re Randy OSTER, Debtor. Bankruptcy No. 92-30616. United States Bankruptcy Court, D. North Dakota. March 5, 1993. *961 Thomas Disselhorst, Bismarck, ND, for debtor. Marilyn Foss, Bismarck, ND, for First State Bank of Goodri. Clare Hochhalter, Bismarck, ND, U.S. Atty./FmHA. Phillip D. Armstrong, Minot, ND, Trustee. MEMORANDUM AND ORDER WILLIAM A. HILL, Bankruptcy Judge. The ...
Views: 0
MEMORANDUM AND ORDER ON MOTION TO WAIVE FILING FEE FOR COMMENCING AN ADVERSARY PROCEEDING OR TO REFER MATTER TO THE DISTRICT COURT BACKGROUND The plaintiff commenced this adversary proceeding to obtain a determination that her claim against the debtor is not dischargeable. She did not pay the $120.00 filing fee, see 28 U.S.C.A. § 1930(b) & Judicial Conference Schedule of F...
Views: 2
MEMORANDUM OF DECISION ON RENEWED MOTION FOR SUMMARY JUDGMENT Bank of Vermont’s Renewed Motion for Summary Judgment 1 presents two issues of first impression in this jurisdiction, namely, whether the judicially created “earmarking doctrine” has survived recodi-fication in the Bankruptcy Code and whether the earmarking doctrine is a defense to a preference action commenced under...
Views: 0
*787 MEMORANDUM DECISION On August 9, 1991, Wedgestone Financial (“Debtor”) filed a voluntary petition for relief under Chapter 11 of the Code. On August 9, 1991, the United States Trustee appointed an Equity Security Holders’ Committee (the “Committee”) in the case. On May 5, 1992, this Court entered an order (the “Confirmation Order”) confirming Debtor’s First Amended Plan of R...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Motion for Summary Judgment on its Complaint to Determine Discharge-ability of a Debt owed to them by the Debtor, Carl Oberley. Defendant filed a Memorandum in Opposition to Summary Judgment to which Plaintiff filed a Response. The Court has reviewed the written arguments of counsel, supporting affidavits ...
Views: 0
DECISION ON MOTION TO REJECT HOLZMAN CONTRACT The Debtor (“Wang”) seeks to reject its employment agreement with Herbert S. Holzman (“Holzman”) pursuant to 11 U.S.C. § 365(a). This is a core proceeding, 28 U.S.C. § 157(b)(2). Wang asks that the rejection be effective as of February 8, 1993. By agreement of the parties, the matter was submitted to the Court for consideration upon the pleadings ...
Views: 0
PART ONE. INTRODUCTION In August of 1991, these Debtor corporations filed for relief under Chapter 11 of the Bankruptcy Code claiming millions of dollars of debt. Shortly thereafter, bidders amassed seeking to acquire the Debtors’ assets (principally a licensed sanitary landfill, trash hauling companies, and appurtenances) as well as lands titled in the names of John and Irene Smith. The ...
Views: 1
MEMORANDUM OF OPINION AND ORDER I. In this proceeding Joel Rathbone (“The Trustee”) seeks, inter alia, to avoid certain postpetition transfers of real property that were made from the bankruptcy estate of Consolidated Partners Investment Company (The Debtor). To resolve the matter, the parties hereto have submitted cross-motions for summary judgment. Following a hearin...
Views: 1
OPINION AND ORDER GRANTING MOTIONS TO DISMISS PREFERENCE COUNTS I. Introduction. The matters now before the court are the motions for summary judgment filed by Defendants Benjamin G. Sachs (“Sachs”) and Manufacturers National Bank of Detroit (“Manufacturers” or “Bank”) on the respective counts of the complaint in which successor Trustee James W. Boyd (“Trustee”) seeks to recover $300,000 from b...
Views: 0
MEMORANDUM OF DECISION On June 12, 1992, Howard B. Sandler (“Sandler”), co-counsel for the debtor, filed his AMENDED FINAL APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD OF JULY 1, 1991 THROUGH MAY 12,1992. Fort Wayne National Bank (“National”) filed its objection to Sandler’s *735 amended application on September 2, 1992. The court held a hearing o...
Views: 1
152 B.R. 189 (1993) In the Matter of MOTHER HUBBARD, INC., Debtor. Bankruptcy No. GG91-80981. United States Bankruptcy Court, W.D. Michigan. March 5, 1993. *190 Thomas Schouten, Wyoming, MI, for debtor. Timothy Hillegonds, Grand Rapids, MI, for Max Van Zoeren. Harold Nelson, Grand Rapids, MI, for S. Abraham & Sons. William Farran, Traverse City, MI, for the Unsecured Creditors' Committee. OP...
Views: 1
MEMORANDUM DECISION This case presents an issue of first impression: whether a semi truck cab qualifies as an exempt homestead under Wis. Stat. § 815.20(1). The debtor, Shirl John Laube, Jr. (“Laube”) has been an over-the-road truck driver employed by A & H Inc. in Footville, Wisconsin for 26 years. Laube owns a 1988 Kenworth Aerodyne Tractor. It is 250 inches long and is equipped with a ...
Views: 0
DECISION ON OBJECTION TO CONTINUED RETENTION OF ATTORNEYS FOR THE CHAPTER 7 TRUSTEE The Chapter 7 trustee of Wingspread Corporation and its related debtor subsidiaries (collectively, “Wingspread”) seeks authorization for the continued employment of Hahn & Hessen as his counsel in these cases. 1 NationsBank Corporation (“NationsBank”), as successor parent of NCNB National Bank o...
Views: 0
DECISION AND ORDER Before us is the Chapter 7 Trustee’s Nunc Pro Tunc Application to Employ the Firm of Boyajian, Harrington & Richardson as counsel to the Trustee. The United States Trustee objects, on the ground that nunc pro tunc applications generally are not authorized in this Circuit. The facts are not in dispute. On April 19, 1991, John Boyajian, the Chapter 7 Trustee, filed a...
Views: 0
152 B.R. 427 (1993) In re Louis BERANSEN and Lorraine Beransen, Debtors. REGENCY CONSUMER DISCOUNT COMPANY, Movant, v. Louis BERANSEN and Lorraine Beransen, Respondents. Bankruptcy No. 5-92-00826. United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division. April 2, 1993. Richard Hodges, Scranton, PA, for movant. Joseph Murray, Stroudsburg, PA, for debtors/respondents. MEMORANDUM AN...
Views: 0
MEMORANDUM AND ORDER This Motion for Summary Judgment raises several issues based on the following stipulated facts. The Trustee for the bankrupt Blue Coal Corporation and Glen Nan, Inc., Frank McDonnell, Esquire, has joined with the United States of America and the Commonwealth of Pennsylvania (“Trustee”) in filing this Motion to Disqualify Richard Capu-to and the law firm of Shea, Shea & Capu...
Views: 0
DECISION ON PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT In this procedurally peculiar adversary proceeding, Beekman Paper Company, Inc. (Beekman) seeks summary judgment imposing a constructive trust on the debt- or’s assets. Beekman hopes to leapfrog over the claims of the debtor’s scheduled creditors, secured and unsecured. Given that Beekman’s amended complaint was filed many months aft...
Views: 0
MEMORANDUM I. INTRODUCTION The matter before the Court is the objection to the claim of the Internal Revenue Service (the “IRS”) filed by Janice T. Bo-urque (“Bourque” or the “Debtor”). The Court conducted an evidentiary hearing with respect to the Debtor’s objection on December 4,1992. The parties submitted a Joint Pre-Trial Statement prior to the hearing, as well as post-trial memo...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Richard R. Faist’s First Application for Interim Compensation and Reimbursement of Expenses. Alta Holdings, Inc., aka Alta Lenders, (hereafter “Alta”) a creditor and party in interest, filed an Objection in response to Mr. Faist’s Application. At the hearing, the parties were afforded the opportunity to present evidence and arg...
Views: 0
MEMORANDUM ON PLAINTIFF’S MOTION TO VACATE ORDER DENYING MOTION TO AMEND FINDINGS The court has before it a motion filed by the plaintiff, Pioneer Investment Services Company (Pioneer), on March 5, 1993, entitled “Motion Of Pioneer Investment Services Company To Vacate Order Of February 25, 1993 Denying Motion To Amend Findings And To Make Additional Findings” (Motion To Vacate). By the Motion T...
Views: 0
152 B.R. 615 (1993) In re David March RAIHL and June Shirley Raihl, Debtors. David March RAIHL and June Shirley Raihl, Appellants, v. UNITED STATES of America and William Barstow, Trustee, Appellees. BAP No. AK-91-2200-RMJ, Bankruptcy No. A90-00786-DMD, Adv. No. A90-00786-001. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted on January 21, 1993. Decided April 6,...
Views: 4
MEMORANDUM OF DECISION Presently before the Court is a complaint filed by Plaintiff Anita M. Zalenski, a creditor and the former wife of the above-captioned Debtor/Defendant, objecting to the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(5). This matter has been presented to the Court upon stipulated facts and memoranda of law. The genesis for this complaint lies in a divorce ju...
Views: 0
MEMORANDUM OPINION This matter comes before the Court in the form of an objection to claim but the real gravamen of the matter is what is the nature and character of certain awards made by the Circuit Court of Jackson County in a Domestic Relations judgment dated December 16, 1986, vis-a-vis classification, allowance and dischargeability. The debt- or was ordered to pay the creditor $600.00 p...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the court on cross motions for summary judgment of the Internal Revenue Service and the Bank of Lyons on the Bank of Lyons’ complaint to determine the relative priority of the lien *226 claims of the Bank of Lyons and the Internal Revenue Service (the “United States”) in the proceeds of property sold by the Trustee, James...
Views: 1
DECISION ON MOTION FOR AN ORDER DETERMINING THE EXTENT OF THE VALUE OF A SECURED CLAIM AND CROSS-MOTION TO DISMISS CASE OR LIFT THE AUTOMATIC STAY FACTUAL BACKGROUND The debtor filed a petition under Chapter 13 of the Bankruptcy Code on June 1, 1992 and scheduled Citibank as a first mortgagee. The debtor and a relative had purchased a three-family house located in Valley Cottage, New York. The hou...
Views: 0
DECISION ON MOTION OF THE DEFENDANT FOR SUMMARY JUDGMENT SEEKING TO DISMISS THE TRUSTEE’S COMPLAINT This is an adversary proceeding in which the Plaintiff, Paul Krohn, Esq., as the Chapter 7 trustee (the “Trustee”) for the estate of Jesse Cromer, the debtor (“Cromer” or the “Debtor”), seeks to have the defendant, Gervasio Orta (the “Defendant” or “Orta”), turnover certain funds in his pos...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the complaint to determine dischargeability *220 filed by the debtor, Beth Ann Stucker (the “Debtor”), and the answer filed by one of her creditors, Cardinal Building Materials, Inc. (the “Creditor”). For the reasons set forth herein, the Court finds that the underlying debt has been discharged, notwithstanding the Debtor’s failure to...
Views: 2
ORDER GRANTING MOTION FOR ATTORNEY’S FEES THIS CAUSE came on for hearing on Debtors’/Defendants’ Motion for Attorney’s Fees. The Court, having heard the argument of counsel and having reviewed the Motion and the record, finds the facts as follows: After returning an unsolicited, pre-ap-proved certificate to Manufacturers Hanover Trust Company (Manufacturers Hanover), Debtor Miriam Co...
Views: 0
DECISION PROVISIONALLY GRANTING ARAB BANKING CORPORATION SUMMARY JUDGMENT AGAINST THE TRUSTEE AND THE DEBTOR Under consideration is a motion for summary judgment filed by the trustee, Daniel E. Leach, against Arab Banking Corporation (“ABC” or “the bank”). The trustee has moved for the imposition of sanctions for contempt against ABC for violating the automatic stay. In support of the con...
Views: 0
MEMORANDUM OPINION AND ORDER Plaintiff MRAC, Inc. filed a motion for partial summary judgment, along with briefs and an affidavit in support, seeking a determination that LaSalle National Bank’s security interest in fixtures is not perfected. LaSalle failed to file a response but did present oral argument opposing the motion. The court has jurisdiction over this matter and may enter final order...
Views: 0
OPINION Before the Court is the motion of the Defendant, SECURITY STATE BANK OF HAMILTON (STATE BANK), for attorney’s fees and expenses in this proceeding. This Court previously resolved this truth-in-lending proceeding in the favor of the Debtors, JERRY L. MARSHALL and HENRIETTA S. MARSHALL (MAR-SHALLS), and awarded the MARSHALLS statutory damages of $1,000.00 and attorney’s fees of $2,608.75 pl...
Views: 0
MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. ISSUE The State of Connecticut Department of Transportation (DOT) seeks the return of three motor vehicles presently in the possession of Anthony S. Novak, Trustee of the Chapter 7 estate of Community Associates, Inc. (the debtor). The debtor, a private, nonprofit corporation had been in the business of operating counseling, tr...
Views: 1
MEMORANDUM OPINION This matter comes on to be heard upon the Trustee’s Objection to Debtor’s Claim of Exemption to seventy-five percent (75%) of his 1992 tax refunds due from the Internal Revenue Service (“IRS”) and Oklahoma Tax Commission (“OTC”) which arose from monies withheld from his wages/earnings in the ninety days prior to Debtor filing bankruptcy. The parties were directed to file Stip...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND FOR FAILURE TO BE AN AUTHORIZED PARTY UNDER FEDERAL RULE OF CIVIL PROCEDURE 17(a) Came on for hearing on the 5th day of March, 1993, John R. Sullivan’s Motion to Dismiss for Failure to State a Claim Upon Which Reli...
Views: 2
MEMORANDUM OF DECISION This matter is before the Court after a hearing on a Motion to Extend Time to File Claim filed herein by creditor Idaho Construction Co., Inc. (“Creditor”). The relevant facts, coming primarily from the affidavit of Creditor's vice-president, are not disputed, and may be stated briefly. In April, 1991, Creditor, as prime contractor, entered into a subcontract with Debto...
Views: 0
DECISION ON DEFENDANTS’ MOTIONS FOR JUDGMENT This adversary proceeding arises in a Chapter 11 case pending in this court. In it, the complaining parties make claim against various insurance brokers involved in the procurement of financial guarantee insurance for plaintiff in connection with an equipment sale. (While there are actually plural plaintiffs in the proceeding, we will hereafter...
Views: 0
OPINION This matter came before the court upon an objection to the debtor’s proposed modified plan dated July 15, 1991. The objecting creditor is Fleet Mortgage Corp. (“Fleet”) represented by Kelly Sutherland of Portland, Oregon and the debtor is represented by Eric Olsen of Salem, Oregon. Fleet holds a note secured only by a mortgage against the debtor’s principal residence. This ca...
Views: 0
DECISION ON MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION Defendant Naftoli Schlesinger, a/k/a Nat Schlesinger (“Schlesinger”) moves to dismiss, as to him, the complaint (“Complaint”) in the above-captioned adversary proceeding filed by John S. Pereira, the Chapter 7 Trustee (“Trustee”) of Harvard Knitwear, Inc. (“Harvard”) and Stephen Douglas, Ltd. (“Stephen Douglas”...
Views: 1
MEMORANDUM DECISION ON MOTION FOR ORDER COMPELLING DEBTOR’S TIMELY PERFORMANCE OF LEASE OBLIGATIONS Bullock’s, Inc. (“Bullock’s” or the “Debt- or”), one of the above-captioned debtors, operates a 260,000 square foot department store in the Lakewood Center Mall, located in Lakewood, California (the “Property”), pursuant to a sublease (the “Lease”) with Lakewood Mall Shopping Center Company...
Views: 1
MEMORANDUM DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION First Fidelity Bank, N.A., New Jersey (“First Fidelity”), the Collateral Trustee of the Eastern Air Lines, Inc. Secured Equipment Trust (the “Secured Equipment Trust” or “Trust”), moves to dismiss an involuntary petition filed against the Trust on the grounds that the Trust is not an eligible debtor under the Bankruptcy Code, 1...
Views: 0
MEMORANDUM OPINION This case comes before the Court on hearing for confirmation of the Debtor’s chapter 13 plan. The standing trustee and an unsecured creditor have objected and the Court must decide whether the Debt- or’s exempt income, his non-debtor wife’s exempt income, the Debtor’s claimed business expenses, and the Debtor’s proposed car payments should be included in calculating “di...
Views: 1
MEMORANDUM OPINION This Matter comes before the Court on the United States’ Objection to amounts set forth in the Trustee's Application for the payment of commissions and the reimbursement of expenses incurred by Capital Liquidators, Inc. (“Capital”) in the auctions conducted by Capital on behalf of Chicago Art Glass, Inc. (“Debtor”). The Court, having reviewed the memoranda of law submit...
Views: 0
MEMORANDUM OPINION This court had before it for hearing on March 9, 1993 a proposed sale of various manufactured housing mobile home parks in which the original offers presented by the trustee for hearing were by the various tenants’ associations or affiliated government agencies acting for them and in which the trustee received counter-offers at higher amounts in certain instances but with d...
Views: 1
DECISION ON MOTION OF JOHN HOOK III TO AMEND INFORMAL PROOF OF CLAIM John I. Hook III (“Hook”) has moved for an order allowing him to amend his “informal proof of claim” which he filed with this court on September 21, 1990, with respect to the above-captioned confirmed Chapter 11 debtors. The debtors opposed Hook’s motion on the ground that the papers he filed with this court did not constitute an...
Views: 0
MEMORANDUM Five motions are before the Court. Three motions were filed by the third party defendants (erroneously identified in the pleadings as defendants-in-counterclaim), American Chain Link Fence Co., Inc. (“ACL”) and Century Tube Corporation (“Century”), and comprise the following: “Motion to Dismiss Trustee’s Fraudulent Conveyance Count for Failure to Comply with Rule 7009, or in th...
Views: 0
ORDER Before the Court is the complaint by creditor ITT Financial Services which seeks under 11 U.S.C. § 523(a)(2)(A) to prevent the discharge of its debt by debtor Jack Hulbert, alleging that the debtor obtained a loan in the amount of $2,250.00 by false representations and without any reasonable intent to repay the loan. In addition, plaintiff urges that discharge of its debt should be ...
Views: 2
*913 MEMORANDUM OPINION Before the Court is Plaintiff Associated Grocers Inc.’s Motion for Rehearing and Reconsideration of Final Judgment on 11 U.S.C. Section 523. Plaintiff’s adversary complaint asserts objections to defendant Richard Horton’s discharge pursuant to 11 U.S.C. Sections 727 and 523. This adversary was tried on June 15, 1992, and Final Judgment was entered on August 24, 1992....
Views: 1
MEMORANDUM OPINION This matter comes before the Court on Rockwell International Corporation and Rockwell Graphics Systems, Inc.’s (collectively referred to as “Rockwell”) motion to dismiss or, in the alternative, to abstain from hearing Zerand-Bernal Group, Inc.’s complaint to enjoin a products liability action. Essentially, Rockwell contends that this Court lacks jurisdiction to entertai...
Views: 3
MEMORANDUM DECISION This matter comes before the Court on the Debtors’ motion requesting additional findings of fact and conclusions of law regarding the Court’s prior decision granting the Trustee’s motion to modify the Debtors’ plan. This decision shall constitute the requested clarification of the record for purposes of appeal. JURISDICTION The Court has jurisdiction over thi...
Views: 0
MEMORANDUM DECISION ON APPLICATION FOR ACCOUNTANT FEES The application of Irwin-Jackson & Co., an accountancy corporation, (“applicant”) for a final allowance of fees and expenses for services rendered as accountant for the debtor-in-possession came on regularly for hearing on December 16, 1992. The Office of the United States Trustee objected on three grounds: that the request included $...
Views: 0
OPINION This matter comes before the Court on the Trustee’s Motion to Determine Administrative Tax Liability. The following constitutes this Court’s findings of fact and conclusions of law. STATEMENT OF FACTS On May 25, 1989, Manfred and Alberta Mehr (“debtors”), filed a joint petition un *431 der Chapter 13 of the Bankruptcy Reform Act of 1978 as amended by...
Views: 0
MEMORANDUM OF OPINION AND ORDER W.H. Willson, Jr., as Chapter 7 Trustee of the Bankruptcy Estate of Ascot Mortgage, Inc. (“Plaintiff-Trustee”), filed the above-styled adversary proceeding (the “Complaint”) against MLA, Inc. (“Defendant”) to 1) object to Defendant’s proof of claim (“Objection to Proof of Claim Count”); 2) avoid certain transfers pursu *1006 ant to 11 U.S.C...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER AND RECOMMENDATION PURSUANT TO 28 U.S.C. § 157(c)(1) Presently before the Court in this adversary proceeding are the Fifth, Eighth, Tenth, and Eleventh causes of action set forth in the Second Amended Complaint filed by Debtor Donald R. Bennett (“Bennett”) and the Chapter 12 Trustee on July 13, 1992. 1 Bennett’s S...
Views: 1
OPINION A. INTRODUCTION This Opinion reflects the outcome of a consolidated hearing of March 25, 1993, to determine whether two entities established under the auspices of We the People, Inc. (“WTP”) of Tampa, Florida, We the People Business Center (“WTPBC”) and Legal Self-Help, Inc. (“LSH”) (collectively WTPBC and LSH are referenced as “the Respondents”), are engaged in the practice ...
Views: 1
*630 ORDER DENYING MOTION TO AUTHORIZE THE RETENTION OF SUBSTITUTE COUNSEL FOR DEBTOR IN POSSESSION Prudent Holding Corp. (the “Debtor”), having filed a voluntary petition under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”) on December 9, 1992; and the Debtor, by order of this Court dated January 27, 1993, having obtained authorization pursuant to § 327...
Views: 2
OPINION A. INTRODUCTION The instant contested matter and proceeding present two “student loan” issues arising from an unusual set of facts: (1) Is the bill of a private college for tuition, based upon a student-debtor’s registration for, and brief attendance of, classes, where no prior agreement for payment had been made, an obligation within the scope of 11 U.S.C. § 523(a)(8)? and (...
Views: 2
MEMORANDUM ORDER DISMISSING ADVERSARY PROCEEDING The above-entitled matter came on for hearing before the undersigned on the 17th day of March, 1993, on the defendant’s motion to dismiss this case based on the plaintiff’s failure to timely serve the summons upon the defendant. Appearances were as follows: Christopher Hayhoe for the plaintiff, and Mark Soule for the defendant. FAC...
Views: 3
MEMORANDUM OPINION This matter comes on to be heard upon the adversary complaint filed by the Debtors concerning the secured status of the Defendants’ claims. The parties before the Court at this time are LMS Holding Company, Petroleum Marketing Company and Retail Marketing Company (collectively referred to as “the Debtors”), and Defendants, Core-Mark Mid-Continent, Inc. (“Core-Mark”) and...
Views: 0
MEMORANDUM Before the court is the limited issue whether capital gains taxes should be deducted in completing a hypothetical Chapter 7 liquidation analysis for purposes of confirming a Chapter 13 plan. I conclude that capital gains taxes should be deducted and that the debtors’ plan should be confirmed. The trustee objects to confirmation on the ground that the best interest of creditor’s tes...
Views: 0
SUPPLEMENTAL MEMORANDUM OPINION DENYING REHEARING AND CLARIFYING PRIOR MEMORANDUM OPINION On March 31, 1993, the Court held a hearing on the Motion for Rehearing, Reconsideration or Clarification (the “Motion”) submitted by defendant Gale H. Touchstone (“Debtor” or “Touchstone”) with respect to the “Memorandum Opinion on Plaintiffs Motion for Summary Judgment”, 149 B.R. 721, dated Jan...
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. PROCEDURAL BACKGROUND Robert Hannegan ...
Views: 0
MEMORANDUM Pinnacle Point Development Co. (“Pinnacle”) objects to the Debtor’s homestead exemption on the ground that the Debtor, a divorced individual without children, is no longer a “head of family” under Nebraska law and is thus not eligible to claim a homestead exemption. The objection is overruled. FACTS On July 19,1979, the Debtor purchased a house with his wife, Jeanette Bartlett (now ...
Views: 0
MEMORANDUM OPINION GRANTING TRUSTEE’S COMPLAINT TO RECOVER A PREFERENTIAL TRANSFER SYNOPSIS AND ISSUES. A bank made secured loans totalling $675,000 to directors of an insolvent corporation for the benefit of the corporation. Other directors made unsecured loans directly to the corporation in the amount of $75,000. The corporation used $20,409.49 of the loan proceeds to repay an ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON FEE APPLICATIONS Cumberland Farms, Inc. (the “Debtor”) filed their Chapter 11 petition in May of 1992. The matters under consideration are the First Interim Applications for Compensation and Reimbursement of Expenses by (1) Sullivan & Worcester (“S & W”), counsel to the Debtor, (2) Policano & Manzo (“P & M”), accountants and financial advisors to...
Views: 0
MEMORANDUM REGARDING DEBTORS’ MOTION TO DISALLOW CLAIMS OF IRS FACTUAL BACKGROUND The Debtors, Frank and Valentina Whit-more, filed their first petition for relief under Chapter 13 of the Bankruptcy Code *315 on February 27, 1987. The Debtors’ plan in that case was confirmed in April of 1987, and the Debtors made payments under that plan for approximately two years. ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW RECOGNIZING A “BANKRUPTCY CRIMES INVESTIGATION PRIVILEGE” Findings of Fact 1 1. David R. Kittay (“Kittay”) is the duly appointed Chapter 11 Trustee for debtor Stockbridge Funding Corp. (“Stock-bridge”), a mortgage broker and mortgage banker which collapsed in January 1991. 2. During the course of his trusteeship, Kittay perf...
Views: 3
ORDER GRANTING MOTION FOR RECONSIDERA TION A hearing was held on February 18,1993 on the Motion for Reconsideration submitted by the United States of America (“United States”). After having considered the papers and pleadings on file herein, and *318having considered the oral argument of counsel, the Court finds it appropriate to grant the United States’ Motion for Reconsideration. Factual and ...
Views: 0
MEMORANDUM Before the court is the Debtor’s Objection to Motion to Allow Claims of the IRS and the Nebraska Department of Revenue; the Resistance by the IRS; and the Objection to Plan by the IRS. The dispute centers on whether debtor’s retirement annuity, which is not Erisa-qualified, is property of the bankruptcy estate. I conclude that the annuity is not property of the estate under § 5...
Views: 0
ISSUE The matter before the Court is an adversary complaint filed by Sioux Falls, South Dakota, Attorney Cecelia A. Grunewaldt on behalf of Plaintiff-Debtor [hereinafter “Debtor”] seeking a determination of dis-chargeability which raises the following issue: whether a non-student debtor who cosigned applications for a former spouse’s educational loans is subject to the exception to dischar...
Views: 0
MEMORANDUM OPINION INTRODUCTION On January 19, 1993, the Committee of Unsecured Creditors, (“COMMITTEE”) moved to sever and sought summary judgment on the First, Third, and Eighth claims in this adversary proceeding. After considering the evidence before the Court, argument of counsel, and ruling on the eviden-tiary objections after considering the Defendants’ Response, summary judgm...
Views: 0
*40 CORRECTED TEXT OF BENCH RULING DELIVERED ON FEBRUARY 22, 1993 ON MOTION TO PAY PROFESSIONALS’ FEES PURSUANT TO EQUITIES EXCEPTION OF SECTION 552(B) Today’s dispute, in this most contentious of cases, is illustrative of the problems a debtor-in-possession faces when its relationship with a secured creditor sours and it has no other source of funds from which to compensate prof...
Views: 0
MEMORANDUM DECISION AND ORDER By letter dated January 24, 1992, DALE C. HALLOCK, on behalf of himself and his wife, GEORGEANNE G. HALLOCK (the “Debtors”), requested that this Court set a hearing to determine to what extent a tax penalty due and owing by the Debtors to the United States, collected by the Internal Revenue Service, an agency of the United States (“IRS”), could be discharged ...
Views: 0
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)(A) and (E), which the Court may hear and determine. PROCEDURAL BACKGROUND ...
Views: 1
MEMORANDUM OF DECISION ON STATES’ WORKERS’ COMPENSATION CLAIMS The issues presented 1 are (1) whether the claims of Michigan and Minnesota, for the reimbursement of payments they made to workers’ compensation claimants, in their respective states, are entitled to administrative status; (2) whether the claims of Michigan and Pennsylvania for assessments incurred by a self-insured employer are ...
Views: 0
OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT INTRODUCTION On December 21, 1992, the Debtor in Possession (“DIP”) filed a complaint *766 against Ralph A. Bolden and other parties seeking, inter alia, “a determination that the debtor corporation is the proper and valid owner of” a Borg Warner vacuum forming machine, temperature controls, two vacu...
Views: 0
MEMORANDUM OF OPINION On July 2, 1992, Sudbury, Inc., the Debt- or in this chapter 11 case, filed a motion requesting a declaration that its insurance policies (“Policy” or “Policies”) issued by National Union Fire Insurance Company of Pittsburgh, Pa. and The Continental Insurance Company. (“Insurer(s)”) and the related retrospective premium agreements (“Premium Agreement(s)”) are not exe...
Views: 1
MEMORANDUM OPINION This case comes before the Court on the motion of FNRS Financial Corporation 1 , (“FNRS”), to reconsider the order entered on August 10, 1992, which sustained the standing trustee’s contest of the FNRS proof of claim. FINDINGS OF FACT Carl and Betty Duke (“debtors”) filed a petition under chapter 13 of Title 11 of the United States Code on May 14, 1...
Views: 2
MEMORANDUM OPINION ON MOTION FOR RELIEF FROM THE STAY Before the Court is a renewed motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) filed by Federal Home *525 Loan Mortgage Corporation (“Freddie Mac”). The debtor, Snapwoods Apartments of Dekalb County, Ltd, (“Snap-woods”) opposed this motion. Based upon the evidence presented at the hearing held D...
Views: 0
OPINION AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION On April 8, 1993, Urgent Medical Care, Inc. (“UMCI”), a Chapter 11 debtor in pos *786 session before this Court, filed a verified complaint seeking a preliminary and permanent injunction against Occupational Health Plan, Inc. (“OHP”) and Dale Bugay (“Bugay”). Ohio State University, dba MedOhio Physician Care Centers, ...
Views: 1
ORDER AS TO VARIOUS PRIVILEGE AND WORK-PRODUCT ISSUES On March 12, March 22, and April 7, 1993, the court conducted informal discovery conferences with interested counsel in this Braniff insolvency litigation. The conferences were requested by counsel in accordance with the provisions of paragraph 4(h) of the court’s October 2, 1992, case management order establishing the procedures to be...
Views: 0
MEMORANDUM OF DECISION This case is before the Court to determine whether the debtor’s plan of reorganization should be confirmed. INTRODUCTION This is a single-asset case in which numerous issues have been litigated between *323 the debtor and its mortgagee, Balcor Pension Investors V (Balcor), while the case has been pending before this Court. The debtor’s asset i...
Views: 0
MEMORANDUM OPINION The chapter 7 trustee, Andrea A. Ruff, and two creditors, Sun Life Assurance Company of Canada (“Sun Life”) and Valley National Bank (“Bank”), objected to debtor’s claims of exemption for lottery winnings paid by annuity and for his Florida residence. In the context of the adversary complaint, the trustee objected to the discharge of the debtor on the following theories: (1...
Views: 1
*953 FINDINGS OF FACTS AND CONCLUSIONS OF LAW This case came before the Court upon Debtors’ Objection to Claim 9 filed by Clarence Laubinger (“Laubinger”) and Lau-binger’s Motion Seeking Determination of Secured Status. The two matters were jointly heard on February 18, 1993, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: Findings o...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW The adversary proceeding came before the Court upon the complaint filed by the chapter 7 trustee, Andrea A. Ruff, for preliminary and permanent injunction. Plaintiff seeks to invalidate the issuance and implementation of Certificate of Need (“CON”) 6555 issued by defendant State of Florida, Agency for Health Care Administration (“AHCA”) 1 ...
Views: 0
MEMORANDUM OPINION The U.S. Trustee has filed a motion to dismiss this case under 11 U.S.C. § 707(b) 1 on the basis that the filing of the Chapter 7 constitutes a substantial abuse of its provisions. At the hearing the court rejected the debtor’s assertion that, pursuant to Bankruptcy Rule 1017(e), the motion was untimely. The debtor has raised a further procedural defense...
Views: 2
OPINION The Bank of Edwardsville (“Bank”), mortgagee of the debtor’s real estate, seeks an accounting and turnover of rents collected from the mortgaged real estate during the course of the debtor’s bankruptcy case. The Bank contends that it is entitled to the rents under assignment of rent provisions contained in its mortgages and that recording of these mortgages gave it a perfected...
Views: 0
*207 MEMORANDUM OPINION The following are the Court’s Findings of Fact and Conclusions of Law pursuant to Bankruptcy Rule 7052, with respect to the trial of the above-referenced adversary proceeding. This case addresses the circumstances under which a business homestead exemption may extend to two or more non-contiguous lots. At the date of the filing of his bankruptcy petiti...
Views: 1
MEMORANDUM OF DECISION The United States of America, on behalf of the Department of Housing and Urban Development (“Plaintiff”), brought this three-count complaint pursuant to 11 U.S.C. §§ 523(a)(2), (a)(4) or (a)(6) to establish the nondischargeability of debts owed by Fred Joseph Dambrie, II (“Defendant”) to Plaintiff. Defendant has filed a motion to dismiss on the grounds that the complain...
Views: 0
MEMORANDUM OF DECISION The debtor commenced this proceeding before its bankruptcy case was converted from chapter 11 to chapter 7. Merchants National Bank (MNB) intervened, seeking to have its mortgage declared superior to tax liens claimed by Shawnee County, Kansas. The proceeding is presently before the Court on MNB’s motion for summary judgment. The parties have submitted statements of...
Views: 0
ORDER SETTING ASIDE DEFAULT JUDGMENT AGAINST GARNISHEE This proceeding is before the Court on the motion of garnishee Manufacturer’s Hanover Bank (Delaware), now known as Chemical Bank Delaware (hereafter “MHB”), to set aside a default judgment entered against it when it failed to respond to an order of garnishment. MHB appears by counsel Larry G. Karns. American Freight System, Inc. (AFS), the p...
Views: 0
ORDER ON DEFENDANT’S MOTION TO DISMISS COUNT V OF AMENDED COMPLAINT THIS IS a Chapter 7 liquidation case and the matter under consideration is a Motion to Dismiss the Complaint filed by The Ohio Company (Plaintiff). The Motion filed by Gordon E. Maynard (Debtor) is based on the contention that the Complaint fails to state a claim for which relief can be granted. The claim under challenge is set...
Views: 0
ORDER ON MOTION FOR RELIEF FROM STAY THIS IS a Chapter 7 case which was originally filed as a Chapter 11 case. The matter under consideration is a Motion for Relief from the Automatic Stay filed by Barnett Bank (Barnett), which seeks to enforce a security interest in the accounts and inventory of Kenco Consolidated, Inc. (Debtor). Barnett contends that the automatic stay should be lifted becaus...
Views: 0
ORDER ON PLAINTIFF’S RENEWED MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is the Renewed Motion for Summary Judgment filed by Comerica Bank, N.A. (Bank). The original Motion for Summary Judgment filed by the Bank was denied by this Court because this Court concluded that there were genuine issues of material fact which prevented the resolut...
Views: 1
152 B.R. 1012 (1993) In re EMPIRE PIPE AND DEVELOPMENT, INC., Debtor. Lauren JOHNSON, Trustee, Plaintiff, v. SMITH BROTHERS OIL COMPANY INC., Defendant. Bankruptcy No. 90-2874-8P7, Adv. No. 92-070. United States Bankruptcy Court, M.D. Florida, Tampa Division. April 6, 1993. *1013 Dennis J. LeVine, Tampa, FL, for plaintiff. Larry M. Foyle, Tampa, FL, for defendant. ORDER ON TRUSTEE'S MOTION FOR S...
Views: 0
ORDER ON DEBTOR’S OBJECTION TO CLAIM OF INTERNAL REVENUE SERVICE THIS IS a Chapter 13 case, and the matter under consideration is Arlen G. Keles-yan’s (Debtor) Objection to Claim of the United States of America, Internal Revenue Service (IRS). The claim under challenge was filed by the IRS in the amount of $209,514.64 and is comprised of the following items: a $150,486.49 § 507(a)(7) priority c...
Views: 0
*173 FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a challenge of the right of Robert E. Gipe (Debt- or) to a general discharge and a claim of nondischargeability of a particular obligation owed by the Debtor to the Plaintiff, The Owensboro National Bank (Bank). The Complaint filed by the Bank set forth s...
Views: 1
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS a Chapter 7 case and the matters under consideration are two Motions *926for Summary Judgment. One is filed by the Chapter 7 Trustee (Trustee), who is the Plaintiff, and the other by Wilma Hines (Hines) one of the named Defendants in the above-captioned adversary proceeding. It is the contention of both parties that there are no genuine issues of mater...
Views: 0
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is the dis-chargeability vel non of a debt claimed to be due and owing by Margaret Gropp, d/b/a Sand & Surf Contractors (Debtor) to James and Lucille Wilson (Plaintiffs). The Plaintiffs’ claim of nondischargeability is brought in a one count Complaint and it is based on § 523...
Views: 0
ORDER ON MOTION TO DISMISS THIS is a Chapter 11 reorganization case filed by Metro Palms I Trust (Debtor). This Debtor is related to two other debtors involved in separate but companion Chapter 11 cases pending before this Court, Metro Palms II Trust and Metro Palms III Trust. The matter under consideration is a Motion to Dismiss this Chapter 11 case, filed by Barnett Bank of Lee County (Barnet...
Views: 0
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT THIS IS an adversary proceeding commenced in the above captioned Chapter 7 liquidation case. The matter under consideration is the validity of a federal tax lien imposed upon certain real property owned by Cynthia F. Goebel (Plaintiff-Debtor). The basis of the Debtor’s claim is that a Notice of Federal Tax Lien was improperly filed by the Government u...
Views: 1
OPINION There came for consideration the debtors’ motion to require creditor to release lien and for sanctions against Hancock Bank. Having considered the pleadings, the memoranda submitted by counsel, and applicable law, the Court concludes that the motion is well taken and should be granted as to releasing the lien but denied as to sanctions. I. FACTS 1. Robert and Nancy Schultz executed ...
Views: 1
MEMORANDUM OPINION This adversary proceeding comes before the court on plaintiff bank’s complaint for injunctive relief to force the removal of debris from its property and requesting that environmental clean up costs plaintiff has incurred be given administrative expense priority pursuant to 11 U.S.C. § 503(b)(1)(A). For the reasons set forth in this memorandum opinion, the court con...
Views: 0
MEMORANDUM DECISION ON DEBTOR’S MOTION FOR PARTIAL JUDGMENT AND CREDITORS’ CROSS-MOTION BACKGROUND LTV Steel Company, Inc. (the “Debtor” or “LTV Steel”) seeks partial judgment, pursuant to Federal Rule of Civil Procedure 52(c), that this Court will eliminate from consideration the going concern value of certain collateral securing the J & L Mortgage (as hereinafter defined) in fixing...
Views: 1
MEMORANDUM OPINION This case comes before the court on motion of debtor to Compel Trustee to Abandon Property. Debtor’s chapter 7 bankruptcy trustee claims an interest in postpe-tition quarterly installment payments due the debtor under a prepetition non-competition agreement. Debtor asserts the post-petition payments are “earnings from services performed” and excluded from his bankru...
Views: 0
MEMORANDUM OPINION This adversary proceeding comes before the court on motion by Life Savings Bank to dismiss debtor’s complaint. Under count I debtors seek damages for violation of the automatic stay, and under count II debtors seek injunctive relief to prevent foreclosure on property owned by a non-debtor partnership in which both debtors are general partners. Under count I the debt...
Views: 0
DECISION AND ORDER DENYING DEBTOR’S CLAIM OF EXEMPT PROPERTY Heard on January 28, 1993 on the Chapter 7 Trustee’s Objection to a claim of exempt property filed by the Debtor, Joyce Bonzey. At issue is Bonzey’s claimed exemption of a 1992 Pontiac automobile which was purchased with proceeds traceable to her workers’ compensation benefits. The Debtor contends that R.I.Gen.Laws § 28-33-27 au...
Views: 1
ORDER The hearing on this acrimonious dispute began on October 22, 1992 and continued on various dates through April 7, 1993, on the Debtor’s objection to the fee application of his former attorney, David Reilly, Esq. What should have been a straightforward fee disagreement has become an overly protracted exercise in tossing blame back and forth, that has unnecessarily consumed *616days of lawyer ...
Views: 0
ORDER Heard on Creditor, J.E.M. Co., Inc.’s Motion for Relief From Stay, wherein J.E.M. Co. seeks authorization to add the Debtor, John Sheehan, as an indispensable party to a fraud action pending in the Rhode Island Superior Court. Sheehan objects on the ground that any debt owed by him to J.E.M. Co. was discharged in the Chapter 7 bankruptcy. At issue is whether Sheehan waived his right to di...
Views: 0
MEMORANDUM OF DECISION OF AVAILABILITY OF DEFENSE OF MITIGATION OF DAMAGES This Memorandum of Decision details the reasons for our bench ruling striking1 Defendants’ affirmative defense of mitigation of damages prior to trial of the damages issue in this bifurcated proceeding. We have described previously the factual background and procedural history of this case in Horwitz v. Sheldon (In re Dona...
Views: 0
*999 MEMORANDUM AND ORDER The Plaintiff, Dan Porter Motors, Inc. (DPM) commenced the instant action predicated upon sections 523(a)(2)(A), (a)(4) and 523(a)(6) of the United States Bankruptcy Code. By Complaint filed December 21, 1992, DPM alleges that the Debtor/Defendant, Kenneth P. Decker (Decker), involved DPM in the recourse financing of an existing bank loan by false pretenses and sub...
Views: 0
*235 MEMORANDUM OF OPINION AND ORDER I. On September 15, 1992 the Trustee filed a Motion for Review of Attorney’s Fees and Order of Turnover pursuant to 11 U.S.C. § 329. The Court’s December 4, 1992 Memorandum of Opinion and Order reserved ruling on said motion until a fee application was before the Court. On December 11, 1992 the Trustee filed a Motion to Require a Fee Appl...
Views: 2
MEMORANDUM OF DECISION Plaintiff Richard J. Spear (the “Trustee”), the Chapter 7 trustee of Rainbow Music, Inc. (“Rainbow” or “Debtor”), seeks to avoid a transfer made by check in the amount of $8,242 to Cema Distribution (“CEMA” or “Defendant”) as an unauthorized post-petition transfer pursuant to 11 U.S.C. § 549(a) and to recover the amount of the unauthorized transfer from CEMA. For th...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the trustee’s Complaint to recover preferential, unauthorized, voluntary or fraudulent transfers under 11 U.S.C. §§ 547, 550, 549, 544(b), and 548 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. The debtor, Springfield Contracting Corp., filed a petition for relief under Chapter 11 on August 30, 1989. Kevin R. Huennekens, trustee fo...
Views: 1
MEMORANDUM OPINION This matter came before the court on debtor’s motion for enforcement of the injunction provided by 11 U.S.C. § 524. Having considered the facts, the briefs, the applicable law, the arguments of counsel and otherwise being fully informed and advised, the Court will deny the motion for injunctive relief. FACTS Debtor filed a voluntary Chapter 7 petition on February 8, 1990....
Views: 0
MEMORANDUM OPINION AND ORDER This is the Court’s decision on the Motions of NationsBank of Tennessee (Nati-onsBank or Collateral Trustee), as successor Collateral Trustee under a certain Secured Equipment Indenture and Lease Agreement, dated March 15, 1987 (the Indenture), and the National State Bank of Elizabeth, New Jersey, Harris Trust and Savings Bank and Boatmen’s First National ...
Views: 2
DECISION ON OBJECTION TO CONFIRMATION OF CONTINENTAL PLAN The Chapter 11 debtor and the City of New York, Department of Finance (the “City”) object to the confirmation of the liquidating Chapter 11 plan of reorganiza *45 tion filed by the first mortgagee, Continental Realty Credit, Inc. (“Continental”) and supported by Westinghouse Credit Corp. The plan calls for the payment of the City’s rea...
Views: 0
MEMORANDUM OPINION AND ORDER On April 15, 1992, the Debtors filed a motion to disallow and/or estimate and reclassify claims of potentially responsible parties at the Vega Alta Superfund site. While the motion contemplated multiple legal and factual issues, there is only one remaining issue of legal consequence— whether the court should disallow certain portions of those claims pursua...
Views: 0
DECISION ON MOTION OF AETNA LIFE INSURANCE COMPANY FOR SUMMARY JUDGMENT ON TRUSTEE’S OBJECTION TO PROOF OF CLAIM Aetna Life Insurance Company (“Aet-na”), the mortgagee of property known as the Danbury Square Shopping Center (the “Property”), has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56, as made applicable by Federal Rules of Bankruptcy Procedure 9014 and 7056, i...
Views: 3
DECISION ON MOTION FOR AN ORDER EXTENDING TIME TO FILE CLAIM Rankin County, Mississippi, Board of Supervisors (the “Board”) has moved for an order pursuant to Federal Rules of Bankruptcy Procedure 3003(c)(3) and 9006(b)(1), extending its time to file a proof of claim against the Chapter 11 debtor, Lone Star Industries, Inc. The late claim is based on potential recovery costs that may be i...
Views: 0
This is the court’s decision on the cross-motions for summary judgment by the Plaintiff TIE Communications, Inc. and the Defendants NYNEX Corporation and NYNEX Business Information Systems Company (collectively “NYNEX”). I.The court has jurisdiction to enter a final order. NYNEX consents to the entry of a final judgment in this matter. 28 U.S.C. § 157(c)(2). In response to a recent interrogatory...
Views: 0
This is the court’s decision on the Motion to Dismiss filed by Continental Airlines Holdings, Inc. and Continental Airlines, Inc. (Continental or Debtors) in an adversary proceeding filed by Michael J. Vaughan, Donald C. Davidson, Francis M. Barber, Jr. and Robert W. Conser (Plaintiffs). Plaintiffs, for themselves and on behalf of others similarly situated, seek class certification, a mandatory...
Views: 0
MEMORANDUM OF DECISION RE: FEE APPLICATIONS OF DEBTOR’S COUNSEL The matters before the Court are the interim and final fee applications filed by Attorney Haven L. Stuck on behalf of Lynn, Jackson, Shultz & Lebrun, P.C., and the objections thereto filed by the United States Trustee, Chapter 7 Trustee Dennis C. Whetzal, and creditor South Dakota Cable, Inc. These are core proceedings pursua...
Views: 2
ORDER DENYING PARTIES’ MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE came on before the Court upon the parties’ respective motions for summary judgment. The Court, having heard oral argument of counsel and reviewed pleadings, memoranda of law and related documents submitted in the cause, determines that material questions of fact remain unresolved, and therefore, denies both parties’ motions for summ...
Views: 0
MEMORANDUM OPINION An employer alleges that for approximately five years a bookkeeper improperly paid her personal bills in excess of $100,000 with his money. Eventually, the employer noticed the missing monies and demanded repayment from the bookkeeper. In exchange for a general release and covenant *822 not to sue, the bookkeeper made a note to the employer for $75,000,...
Views: 2
' ORDER DENYING CREDITOR’S MOTION FOR RELIEF FROM AUTOMATIC STAY This ease came before the Court on the motion of a creditor, Aaron Price, Sr., for relief from the automatic stay. The creditor, Aaron Price, Sr., seeks relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) so that he may pursue all avail *345 able non-bankruptcy law remedies in the state domestic relations court. A...
Views: 0
ORDER IMPOSING RULE 9011 SANCTIONS THIS MATTER came on for hearing on the motion of Barnett Bank of Tallahassee (Barnett) for the imposition of sanctions pursuant to Bankruptcy Rule 9011 against the debtor McBride Estates Ltd. and its attorney Thomas B. Woodward. For the reasons set forth herein, we find that the imposition of sanctions as requested by Barnett is appropriate and the motio...
Views: 1
OPINION A. INTRODUCTION Before us are Objections of HUNT’S PIER ASSOCIATES (“the Debtor”) to Proof of Claim No. 17 (“the Claim”), filed by BAUMGARDNER CONSTRUCTION COMPANY, INC. (“the Company”) as a secured claim in the amount of $1,208,-165.00, for services performed by the Company in the erection of a huge roller coaster ride (“the Ride”) on Hunt’s Pier, an amusement pier (“the Pie...
Views: 0
ORDER DENYING DEFENDANT’S MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES This cause came before the Court upon Defendant’s Motion to Strike Claim for Punitive Damages. On October 20, 1992, the Court heard oral argument of counsel on this Motion. At that hearing, the Court concluded Plaintiff’s Complaint adequately plead a cause of action predicated on fraud pursuant to the Federal Rules of Civil P...
Views: 0
ORDER DENYING OBJECTION TO EXEMPTION THIS CAUSE was heard by the Court on the objection of a creditor, Don Lanier, to the debtor’s claim that a leasehold interest in a residence on Santa Rosa Island is exempt as homestead property. Upon the consideration of written submissions and the oral argument of counsel, the Court finds that the subject leasehold interest is exempt from the estate as ho...
Views: 3
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court pursuant to Defendant-Creditor’s Motion for Summary Judgment and Plaintiff-Creditor’s subsequent Cross-Motion for Summary Judgment. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 an 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). The Court heard...
Views: 0
ORDER ON REMAND GRANTING WEINTRAUB’S, RODRIGUEZ’S AND KARLAN’S MOTION TO QUASH SUBPOENAS DUCES TE-CUM THIS CAUSE was heard March 10, 1992 and April 15, 1992 on remand from the United States District Court for the Southern District of Florida. On October 11, 1991, the District Court vacated an order by a visiting judge which denied Benson Weintraub’s and Carlos Rodriguez’s motion to quash the subpo...
Views: 0
MEMORANDUM OPINION AND ORDER The matter under consideration is a Motion for Judgment on the Pleadings filed by the Defendant-taxing authorities, the State of Florida Department of Revenue and the Dade County Tax Collector. The motion seeks dismissal of this adversary proceeding. The adversary complaint, brought by the assignee of the first mortgagee in the underlying Chapter 11 proceeding...
Views: 1
MEMORANDUM OF DECISION THIS IS a Chapter 7 liquidation case and the matter under consideration is a challenge by the Trustee Arthur Weitzner (Trustee) to the homestead exemption claim of Norma Betancourt (Debtor). It is the contention of the Trustee that because the debtor rented her condominium to a third party under a one year commercial lease, the condominium home located at 9417 Fountainb...
Views: 0
MEMORANDUM OPINION Presently before the court for disposition is the motion of Bell Atlantic Tricon Leasing Corporation (“Bell”) requesting relief from the automatic stay under 11 U.S.C. § 362(d), turnover of leased property and payment of an administrative expense. 11 U.S.C. § 362(d)(1) provides that relief from the automatic stay may be granted upon the showing of “cause.” Bell, mo...
Views: 0
DECISION AND ORDER GRANTING TRUSTEE'S OBJECTION TO DEBTORS’ CLAIM OF EXEMPTION, AND ORDER DENYING DEBTORS’ MOTION TO DISMISS CHAPTER 7 CASE This matter is before the court for decision following a hearing upon the trustee’s objection to the debtors’ exemption relative to a 1976 Chevrolet Corvette automobile and the debtors’ motion to dismiss their chapter 7 case. This is a contested matter ar...
Views: 0
DECISION AND ORDER DETERMINING STATUS OF AUTOMATIC STAY OF § 362 OF THE BANKRUPTCY CODE; ORDER DENYING DEBTORS’ “ALTERNATIVE MOTION TO REINSTATE AUTOMATIC STAY” This matter is before the court upon the debtors’ “Motion to Determine Status of Stay” (Doc. # 22) and the debtors’ “Alternative Motion to Reinstate Automatic Stay” (Doc. #76). The court has jurisdiction pursuant to 28 U.S.C. § 13...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION This is a case of a sale of business assets gone wrong. It presents the Court with the issue of whether a Chapter 11 petition filed on the heels of a state court judgment compelling specific performance of a contract for the sale of the Debtor’s business constitutes “cause” for relief from stay. JURISDICTION This matter is before the Court o...
Views: 1
OPINION GRANTING SUBSTANTIVE CONSOLIDATION OF ESTATES OF FIVE DEBTORS I. FACTS The present motion to substantively consolidate involves the following undisputed facts: A. All Five DIPs Have Always Operated as a Consolidated Entity There are five Chapter 11 debtors involved in this motion, all of them corporations. All five are debtors in possession. These are Standa...
Views: 6
DECISION 1 This matter is before the court following the trial of the issues raised by the debtor’s motion, filed pursuant to 11 U.S.C. § 543, for turnover from a custodian and Travelers Insurance Company’s objection thereto, as well as Travelers’ motion to dismiss this case. Debtor is the owner of an upscale apartment complex in Fort Wayne, Indiana. The property is encumbere...
Views: 3
MEMORANDUM I.INTRODUCTION The matter before the Court is the “Trustee’s Motion Pursuant to 11 U.S.C. § 505 to Reassess the Value of the Subject Property, Determine Its Real Estate Tax Liability and to Order a Refund of Any Overpayment of Such Taxes” (the “Motion”). William Gabovitch, the Chapter 11 Trustee (the “Trustee”) of the above-referenced Debtor filed the Motion (the “Motion”)...
Views: 0
MEMORANDUM OPINION Debtor filed her petition for relief under Chapter 7 on August 9, 1991, and was discharged on January 24, 1992. Debtor filed amended schedules on November 1, 1991, and listed Southwest Baptist College as a creditor with a $6,000.00 “Education Loan.” Neither debtor nor the college sought determination as to whether said loan was dischargeable under 11 U.S.C. § 523(a)(8). The...
Views: 0
OPINION JODY THORP (Plaintiff) filed an adversary action to determine the dischargeability of a debt owed her by the Debtor, MARVIN THIRTYACRE (Defendant) arising out of an assault. At the time of the incident, the Defendant was the sheriff of Mercer County, Illinois. He was also suffering from depression. In part, his depression was caused by his suspicion his wife was having an affair w...
Views: 2
OPINION OSTROM-MARTIN, INC. (OMI) was a grain dealer. The Defendant was a member of OMI’s Board of Directors. OMI became indebted to certain gain producers. An involuntary Chapter 7 petition was filed against OMI, which ultimately consented to an adjudication. (January 14, 1992, Case No. 92-80099) The Defendant filed his own voluntary Chapter 7 bankruptcy. After the filing of the inv...
Views: 2
ORDER ON BARNETT BANK’S MOTION FOR ORDER CONSTRUING EFFECT OF 11 U.S.C. § 1146(c) WHERE THE CASE IS SUBSEQUENTLY DISMISSED THIS CAUSE was heard February 23, 1993 on Barnett Bank’s Motion for Order Construing Effect of 11 U.S.C. § 1146(c) Where the Case is Subsequently Dismissed. Facts The following facts are not disputed. On April 22, 1991, the Debtors filed a Plan which provided for...
Views: 0
MEMORANDUM OPINION On July 18, 1984, Herbert E. Russell (debtor) filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. Russell served as debtor in possession until March 19, 1985, when William Russell Gibson and F.H. Martin were appointed co-tr.ustees.1 Thomas S. Streetman, was appointed successor trustee and currently serves in that capa...
Views: 0
ORDER DENYING DEBTOR’S MOTION TO EXTEND TIME FOR FILING NOTICE OF APPEAL This case came on for consideration of the debtor's motion to extend the time for filing a notice of appeal (Document No. 277). In the motion, the debtor seeks an order pursuant to the provisions of F.R.B.P. 8002(c) extending the time to appeal the court’s order on the FDIC’s entitlement to proof of claim (Document No. 273...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on Count I of the complaint 1 filed by Paramount International, Inc. (the “Debtor”) to determine the validity, priority and extent of the lien of First Midwest Bank, N.A. (the “Creditor”) in the Debtor’s accounts receivable. The Debtor contends that the Creditor’s filed financing statement became seriously misleading within ...
Views: 1
MEMORANDUM OPINION AND ORDER Rexene Corporation (Rexene) seeks summary judgment disallowing the claim of Bobby E. Seitz, Claim No. 00445 (Seitz Claim), pursuant to Bankruptcy Rules 9014 and 7056. The Seitz Claim is an unsecured claim for early retirement benefits of $539,-969.40 under the Executive Security Plan of El Paso Products Company (El Paso), now known as Rexene.1 Bobby Seitz has filed a ...
Views: 0
MEMORANDUM OPINION The plaintiffs’, Peabey Associates, ACP Florida Holdings, Inc., and Plaza Del Oro Buildings, Inc., (“Peabey”) seek a determination that a state court judgment debt owed by the defendants’, Richard Haisfield, Randy Haisfield, and Marc Haisfield (“Haisfield” or “Debtors”) is nondischargeable under § 523(a)(6) of the Bankruptcy Code. 1 The plaintiffs file a ...
Views: 0
OPINION ON MOTION FOR TRANSFER OF VENUE OF INVOLUNTARY BANKRUPTCY CASE Crossroads Mall Associates filed a motion under Fed.R.Bankr.Proc. 1014(b) to transfer to this court the involuntary chapter 11 bankruptcy case pending against Crossroads Mall Associates in the United States Bankruptcy Court for the Northern District of Texas. Wells Fargo Realty Advisors Funding, Inc. objected to t...
Views: 0
PARTIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is an action by the debtor, plaintiff, Braniff, Inc. (“Bran-iff”), for the recovery of preferential transfers from defendant, Sundstrand Data Control, Inc. (“Sundstrand”), pursuant to 11 U.S.C. § 547. On December 2 and 3, 1992, the court tried all issues in the proceeding except the issue of the debtor’s sol...
Views: 2
MEMORANDUM OPINION Plaintiff Diane Marie Zajder (“debtor”) seeks a determination that a debt arising out of a restitution order entered against her in criminal proceedings is dischargea-ble. Debtor’s restitution obligation, based on 19 Pa.C.S.A. § 4105(e), is owed to defendant Hills Department Store (“Hills”), which is joined with the Blair County Office of Costs and Fines (“County”) in the p...
Views: 0
DECISION ON CHAPTER 11 TRUSTEE’S MOTION SEEKING PAYMENT OF FEES AND COSTS District of Massachusetts, Sitting by Designation. This matter is before the Court on the motion of Matthew J. McGowan, the Chapter 11 trustee (the “Trustee”) .seeking the payment of fees and costs by the Rhode Island Division of Taxation/Tax Administrator (the “Administrator’), resulting from the filing of an ...
Views: 0
*742 MEMORANDUM OPINION Chang Bum Park (hereinafter debtor) filed a voluntary petition for relief on August 25, 1992, in the Northern District of Illinois. Debtor’s major creditor was (and is) Landmark KCI Bank of Kansas City, Missouri (hereinafter KCI). It was filed as a “no-asset case” and was similarly so reported by Allan J. DeMars, the panel trustee in Chicago. KCI filed a “Motion fo...
Views: 1
MEMORANDUM OPINION This matter comes before the Court to determine the dischargeability of past due child support obligations assigned to the State of Missouri in exchange for Aid to Families with Dependent Children (AFDC). This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). The parties have agre...
Views: 0
MEMORANDUM OF DECISION I On October 23, 1985, New York Life Insurance Company issued a policy insuring the life of Ruby Morris for $100,000. The beneficiary designation listed Earl Morris, husband of the insured, as primary beneficiary. Children born of the marriage of Earl Morris and the insured were secondary beneficiaries. On June 3, 1989, Ruby Morris was murdered. On Ma...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court on the objection to discharge of Charles W. Grant, Trustee for the estate of Ronald H. Peacock and Melody Genson, Trustee for the estate of First Florida Capital Group pursuant to 11 U.S.C. 727(a)(2) and (4). A trial was held on April 6, 1993, and upon the evidence presented, the Court enters the following F...
Views: 3
ORDER The hearing on the Operating Trustee’s Emergency Motion To Determine Propriety of Utility Deposit was conducted on April 29, 1993 by means of a telephone conference call. Oral arguments were presented by Counsel for the Trustee, Counsel for the Cannon Water Supply District No. 1 of Ralls, Monroe and Marion Counties, Missouri (the “Water District”), and Counsel for the Official Creditors' Com...
Views: 0
OPINION AND ORDER Before the Court is a Motion of the Defendant, Fabeor, Inc., (hereinafter “Fab-cor”), requesting a determination that the subject matter of the Complaint initiating this proceeding is a non-core related proceeding pursuant to 28 U.S.C. § 157 and thereby subject to abstention pursuant to 28 U.S.C. § 1334(c)(1) and a further Motion of the co-Defendant, Mount Pocono Mun...
Views: 0
MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This matter comes before the Court on cross-motions for summary judgment filed by defendants Aaron and Arnold Goldman (the “Goldmans”) and Barnett Bank of South Florida (“Barnett”), and by plaintiff Arthur Weitzner, who is the trustee for Debtors’ Chapter 7 estate. For reasons stated below, the motion of the Goldmans is granted...
Views: 0
MEMORANDUM DECISION The issue in this case is whether corporate sales taxes and responsible person withholding taxes are entitled to administrative expense status in an individual debt- or’s bankruptcy case. The parties have stipulated to the relevant facts and have submitted briefs in support of their positions. As there are no material facts in dispute, the matter is ripe for summary ju...
Views: 0
MEMORANDUM OPINION ON DEFENDANT’S MOTIONS TO DISMISS Debtor Plaintiff Lamar Chapman filed this pro se adversary complaint seeking to disallow the claim filed by defendant Currie Motors, Inc. (“Currie Motors”) and to force Currie Motors to pay a judgment allegedly due to Debtor. Currie Motors moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), and for sanctions under Fed.R.Bankr.P. 9011. For rea...
Views: 0
MEMORANDUM DECISION This matter comes before the court on the third application of Weil, Gotshal & Manges (“WGM”) for the allowance of interim compensation and reimbursement of expenses. On January 3, 1991, Tak Communications, Inc. and Tak Broadcasting Corporation (“Tak”) filed for relief under Chapter 11 of the Bankruptcy Code. In an order dated March 3, 1991, I approved the retention of...
Views: 2
MEMORANDUM OPINION This matter concerns the dischargeability of a state court judgment for punitive dam *83 ages. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find the debt to be nondischargeable. FACTUAL BACKGROUND Debtor-defendant Geraldine Brady ...
Views: 1
AMENDED MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT 1 THIS MATTER comes before the Court on (1) Defendant’s Motion for Summary Judgment with Accompanying Brief filed *533 December 4, 1992, Supplemental Authority in Support thereof filed January 5, 1993, Second Supplemental Authority in Support thereof filed January 25, 1993; (2) Memorandum Brief in Op...
Views: 0
MEMORANDUM OF DECISION INTRODUCTION A bankruptcy court in this district recently held that motel room revenues were not “rents” within the meaning of Bank *820 ruptcy Code § 552(b) 1 and assignment of rent clauses executed in favor of a secured lender by four Chapter 11 debtors. In re Majestic Motel Assoc., 131 B.R. 523 (Bankr.D.Me.1991). Holding re...
Views: 2
ORDER Steven S. Silverman (“Silverman”) filed this lawsuit in New Hanover County Superior Court seeking damages based on a variety of legal claims. It was removed to this court after Silverman and his wife filed their bankruptcy petition. This case is related to Silverman’s pending bankruptcy proceeding, and this court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. The parties ha...
Views: 0
ORDER Plaintiff filed a motion to compel March 29, 1993. Defendants filed a response to Plaintiff’s motion April 5, 1993, which was accompanied by Defendants' responses to the interrogatories and request for production of documents. Both Plaintiff’s and Defendants’ pleadings were accompanied by affidavits. The written pleadings appear to have set forth all the facts and circumstances relevant to...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the Complaint for Turnover filed on May 14, 1992. The essential facts of this case are undisputed. The debtor purchased his home in January 1986, executing a promissory note and mortgage in favor of the defendant Union National Bank of Arkansas (“the bank”). In June 1991, the debtor ceased making his mortga...
Views: 0
ORDER DENYING DISCHARGE Now before the Court are the files and records in this Chapter 7 proceeding. I. PROCEDURAL HISTORY The voluntary Chapter 7 petition in bankruptcy was filed on September 20, 1991. On December 16, 1991, the creditors De-well and Janet Wages filed a complaint objecting to discharge, 11 U.S.C. § 727, and dischargeability of a debt, 11 U.S.C. § 523(a), due...
Views: 1
ORDER DENYING MOTION TO CONVERT THIS CAUSE is before the Court upon the debtor’s Motion to Convert filed on September 25, 1992. The debtor, a real estate broker, filed her Chapter 7 case on August 2, 1991, the schedules for which, filed on August 29, 1991, listed assets of $185,000 and debts of $160,000. Many of the real property assets were abandoned by the trustee. Discharge of the debtor w...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW The Complaint for Declaratory Judgment and Petition for Turnover of Property, filed on June 30, 1992, by the sons of the debtor, was tried before the Court on February 9, 1993. The sons seek a declaration that certain funds are not property of the estate. The trustee asserts that the debtor holds both legal and equitable title to the funds such ...
Views: 1
MEMORANDUM OPINION This matter is before the Court on the plaintiff’s Motion for Temporary Restraining Order, filed herein on April 7, 1993. The Motion asks this Court to prohibit the defendant from barring the plaintiff from mining coal during the pendency of its application for renewal of its mining permit. The defendant filed its Response on April 12, 1993. A hearing on the Motion and Respon...
Views: 0
Amended Memorandum of Decision In late 1991 and early 1992, plaintiff AT & T Universal Card Services issued three different credit cards to debtors Robert and Susana Bonnifield. Two of the three cards were pre-approved, with application made by telephone. The third required a brief written application in which the debtors had to state their annual income. The debtors, who were heavily in ...
Views: 0
MEMORANDUM OPINION On September 11,1992, Nathan and Lena Matlock (debtors) filed a voluntary petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. The debtors’ proposed plan and schedules lists Lomas Mortgage U.S.A. (Lomas) as a creditor holding a claim of $44,175.02 secured by a first deed of trust lien on the debtors’ personal residence. The plan propose...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW On March 21, 1989, Richard and Susan Zablonski (the “Debtors”) obtained a loan from Northern Mortgage Company, using the proceeds to purchase residential real estate located at 9 Ford Street, Gardner, Massachusetts (the “Property”). The Property is a two family home. The Debtors occupy one unit as their primary residence. The other unit is rented and ge...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Findings of Fact This matter came on for trial before the Court on January 11, 1993. The Court having considered the testimony offered at trial, the joint stipulation of the parties, the briefs submitted by the parties, and the documentary and other pertinent evidence of record in this case, and being otherwise fully advised, now, in accordance with Rule...
Views: 0
DECISION AND ORDER DENYING TRUSTEE’S MOTION FOR RECONSIDERATION OF ORDER AUTHORIZING PAYMENT OF ADMINISTRATIVE PRIORITY CLAIM CAME ON FOR HEARING the Trustee’s Motion for Reconsideration of an Or *925 der Authorizing the Payment of an Administrative Priority Claim. Upon consideration of the legal arguments and review of the facts adduced at the hearing, the court, making ...
Views: 2
*8MEMORANDUM OPINION By Agreed Order Submitting Case for Ruling entered March 31, 1993, this matter was submitted to the Court for ruling upon the record. The parties submitted Joint Stipulation of Facts to the Court on March 8, 1993 which appear to stipulate all of the relevant facts involved in this controversy. Sherrill L. Daulton and Elfreda Daulton (“debtors”) are residents of Nancy, Kentucky...
Views: 0
DECISION AND ORDER DENYING MOTION TO RECONSIDER ORDER TRANSFERRING VENUE CAME ON for consideration the motion of Abacus Broadcasting Corp. to reconsider this court’s bench ruling and order transferring venue of this case to the District of Utah. Upon consideration thereof, it is the ruling of the court that the motion is not well taken and should be denied. BACKGROUND FACTS ...
Views: 0
*674 ORDER GRANTING, IN PART, AND DENYING, IN PART MOTION FOR RECONSIDERATION CAME ON for hearing the motions of Sidney J. Diamond, P.C. (the “Movant”), former counsel to Thomas and Tina Matthews and B & C Office Machines, Inc. (collectively, the “Debtors”), for reconsideration of the Court’s prior opinion styled, Opinion on the First and Final Applications and Requests For P...
Views: 0
OPINION Greater New York Mutual Insurance Company and Insurance Company of Greater New York have brought the within motion for an order directing the chapter 7 trustee to make payment of a certain portion of their claims for unpaid workers’ compensation premiums due from the debt- or. The movants seek payment of accrued post-petition workers’ compensation premiums and administrative prior...
Views: 1
ORDER DISMISSING MOTION FOR PAYMENT OF ADMINISTRATIVE CLAIM AND DENYING REQUEST FOR ATTORNEYS’ FEES CAME ON for hearing Motion of First National Leasing, Inc. (“First National”) for Payment of Administrative Claim. Robert N. Templeton (the “Debtor”) responded and requested attorney’s fees and costs. Upon consideration thereof, it is the ruling of the court that First National’s Motion be ...
Views: 0
ORDER ON MOTION FOR RECONSIDERATION AND REFORMATION OF ORDER CAME ON for consideration the motion of Debtor for reconsideration and reformation of an order of this court granting a Trustee’s motion for turnover of a portion of a tax refund received by the Debtor post-petition but attributable to prepetition income. Upon consideration thereof, it is the ruling of the court that the motion shou...
Views: 0
OPINION The Howard Savings Bank n/k/a First Fidelity Bank, N.A. brought this motion seeking relief from the automatic stay in order to continue foreclosure proceedings against the principal residence of the debt- or, Joseph P. Cappadonna. As this matter goes to issues involving property of the estate and the automatic stay, it is a core proceeding as defined by Congress in 28 U.S.C. Sec. ...
Views: 1
DECISION AND ORDER DENYING TRUSTEE’S COMPLAINT AND AMENDING DECISION ON FINAL FEE APPLICATION OF SHEINFELD, MALEY & KAY CAME ON for hearing the Complaint (the “Complaint”) of John Patrick Lowe, Chapter 7 Trustee (the “Trustee”) for turnover of money, avoidance of lien and avoidance of pre-petition payments received by Sheinfeld, Maley & Kay (“SMK”), counsel for the Debtor. The Court a...
Views: 1
MEMORANDUM I. INTRODUCTION Eight motions to dismiss arising from eight separate preference complaints commenced by Fleet National Bank and Fleet Credit Corporation (collectively “Fleet”) are before the Court. Fleet commenced the above-captioned adversary proceedings as a result of borrowing orders entered by the late Bankruptcy Judge James N. Gabriel and particularly an “Order Approv...
Views: 1
DECISION ON PLAINTIFF’S MOTION FOR REMAND AND LIFT STAY, AND IN THE ALTERNATIVE, TO SEVER AND REMAND CAME ON, for hearing, the motion of the Plaintiff, Fedders North America, Inc. (“Fedders”), to remand and lift stay, and in the alternative to sever and remand the above-styled adversary proceeding which Branded Products, Inc. (“Branded”), the debtor, had previously removed to this cou...
Views: 1
*627 AMENDED MEMORANDUM OF DECISION ON SEPARATE CLASSIFICATION OF CLAIMS (Sitting by Special Designation). The issues presented 1 relate to Debtors’ Second Amended Joint Plan of Reorganization (Plan). These issues are (1) whether workers’ compensation claims asserted by Debtors’ injured employees may be classified separately from and accorded different treatment t...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Veonna L. McCarron and Joseph P. McCárron, wife and husband, apparently happily married and living together, have each filed a chapter 7 petition in this Court. Veonna L. McCarron filed her petition first, on February 2, 1993. Joseph P. McCarron filed his chapter 7 petition on April 19, 1993. The standing trustee in both chapter 7 cases, Ford Elsaesser, has...
Views: 0
ORDER DISAPPROVING DISCLOSURE STATEMENT AND DENYING RELIEF FROM STAY Heard on May 5, 1993 on the Debtor’s request for approval of his disclosure statement, and Washington Trust Company’s Motion for Relief from the Automatic Stay. After hearing the testimony of Don Colbern of the Farmer’s Home Administration (FmHA), and Michael Lenihan and Kenneth Hammond on behalf of the Debtor, we find, contrar...
Views: 0
ORDER Before the Court is Sallyann Schwei-kart’s Motion for Relief From Stay, and the objection by her former husband, Walter, the Debtor herein. Ms. Schweikart wishes to have the Family Court determine what interest, if any, the Debtor holds in the marital domicile, and which obligations owed to her by her former husband are nondischargeable. The Debtor would really like to have those issues d...
Views: 0
MEMORANDUM OPINION Walter Lee Jones, Debtor, filed a petition under Chapter 13 of the Bankruptcy Code on September 27, 1991. On December 22, 1992, Camille Hope, the Standing Chapter 13 Trustee, filed objections to proofs of claim filed by the Internal Revenue Ser *817 vice. The IRS filed its response to the objections on February 22, 1993. The objections came on for hearing on April 1, 1993...
Views: 0
ORDER GRANTING REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW (Sitting by Designation). Before the Court is the Motion of Richard Lee, Esq., attorney for the Chapter 7 Trustee, Requesting Findings of Fact and Conclusions of Law with respect to our March 15, 1993 Order awarding attorney’s fees in the amount of $61,754, rather than the $65,754 applied for Mr. Lee’s motion is GRANTED, and w...
Views: 0
SUMMARY ORDER The debtors’ chapter 13 plan provides for payment for a 1991 GEO Prizm to Franklin Equity Leasing Company, Inc. (“Felco”), in the amount of $6,350.00. Felco contends the vehicle was leased, not sold, to the debtors. Felco has filed a motion to compel the debtors to adopt or reject the lease under the provisions of 11 U.S.C. § 365. A hearing was held on March 30, 1993, t...
Views: 1
MEMORANDUM OF DECISION Two motions are pending in this chapter 11 case. Rook Broadcasting of Idaho, Inc., John H. Rook, and Kootenai Broadcasting, Inc., the procedurally consolidated debtors (hereinafter, “debtors”) have moved to defer consideration of the proposed chapter 11 plan submitted by Stephen R. Harris (“Harris”), a creditor of the debtors. Lance International, Inc. (“Lance”), a propos...
Views: 2
CONSOLIDATED SUPPLEMENTAL OPINION ALLOWING CHAPTER 13 ATTORNEYS’ FEES IN A REDUCED AMOUNT I. Introduction. This consolidated opinion is issued to supplement two attorney’s fee decisions entered in the above two chapter 13 cases. The Rapp order was entered following the April 7, 1993 hearing held on the U.S. Trustee’s objection to fees. The Copeland order was...
Views: 1
MEMORANDUM OPINION This matter came before the Court on cross motions for summary judgment on the Trustee’s complaint seeking recovery of a preferential transfer. Having considered the complaint, the briefs, the arguments of counsel, and otherwise being fully informed and advised, the Court finds the Trustee’s motion for summary judgment is well taken, and will be granted, and the Def...
Views: 1
MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT Came on for hearing in the above-captioned adversary proceeding on the 20th day of January, 1993, cross-motions for summary judgment and the plaintiffs’ motion for leave to amend their complaint. Counsel for all parties submitted written briefs, appeared at the hearing, and deliver...
Views: 0
OPINION Under a marital settlement agreement, the debtor, Thelma Spirtos, assumed one-half of a judgment debt owed by her ex-husband, Dr. Basil Spirtos (“Dr. Spirtos”) to the appellee, Irene Moreno. The debtor objected to Moreno’s proof of claim, contending that Moreno’s claim against her should be precluded or reduced by the damages she suffered because of Dr. Spirtos’ breach of the settlement ag...
Views: 0
MEMORANDUM OF DECISION I. Background and Facts. This matter is before the Court after trial in this adversary proceeding. The *978 facts were set forth in some detail in the Court’s previous Memorandum of Decision concerning Defendant’s Motion for Summary Judgment entered on December 4, 1992, In re Currey, 92 I.B.C.R. 220, but because those ...
Views: 0
AMENDED MEMORANDUM OPINION ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT 1 OF PLAINTIFFS’ SECOND AMENDED COMPLAINT Came on for hearing on April 1,1993, the motion of defendant Continental Bank, N.A. (“Continental Bank”) for partial summary judgment on Count 1 of the Plaintiffs’ Second Amended Complaint (“Complaint”) in the above-captioned adversary proceeding (“Adversary”). ...
Views: 6
MEMORANDUM OPINION Thomas Laczynski has filed a proof of claim in the amount of $301,998.17. He seeks $221,998.17 in unpaid sales commissions to which he claims entitlement and $80,000.00 in unpaid salary which he claims was guaranteed. Debtor North American Communications, Inc. (“NAC”) has objected to the proof of claim. NAC concedes that Lae-zynski is entitled to sales commissions in the amou...
Views: 0
*794 MEMORANDUM I. INTRODUCTION The contested matter before the court arises from the motion of West End Terrace, Inc. (WETI) for summary judgment on the debtor in possession’s objection to WETI’s claim. The issues raised include the applicability of the doctrine of res judi-cata, alleged irregularities in foreclosure sales, and violation of the automatic stay. As discussed ...
Views: 0
OPINION FACTS Debtors Ray and Carolyn Davenport (“Debtors”) are farmers who own 24.22 acres of land in California worth $354,462. In August of 1989, the Debtors filed a petition under Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1200-1241. 1 *552 The Debtors’ land secures an obligation to Western Farm Credit Bank and Sierra-Bay Federal Land Bank Associati...
Views: 0
MEMORANDUM OF DECISION In this adversary proceeding, Bonnie Stitham, the debtor’s ex-wife, alleges that an $8,000 obligation arising from pre-bank-ruptcy divorce judgment is non-dischargea-ble under § 523(a)(5) 1 and that the debtor’s concealment of a pre-petition transfer of assets should bar his bankruptcy discharge under § 727(a)(2)(A). For the reasons set forth below, I...
Views: 1
MEMORANDUM This Memorandum addresses the amended objection of Debtors Interco Incorporated, Senack Shoes of Connecticut, Inc. and Converse, Inc. to the claims filed by Claimant William McGovern (Claim Objection No. 40). It also addresses Claimant’s Motion to Admit Life Expectancy Table (Motion Z-157). This is a core proceeding pursuant to Section 157(b)(2)(B) of Title 28 of the United States Co...
Views: 0
MEMORANDUM OPINION This matter before the court is the Motion of Day Surgieenter, Inc. (“DSI”) to dismiss the Motion to Enforce Settlement Agreement filed by General Electric Company (“GE”). The crux of DSI’s Motion is that this court lacks subject matter jurisdiction over GE’s claim. For the reasons set forth herein, the court, having considered the pleadings, hereby grants DSI’s Motion ...
Views: 0
MEMORANDUM OPINION Before the Court is the trustee’s objection to an exemption claimed by debtor pursuant to 11 U.S.C. § 522(d)(10)(E) in an individual retirement account (“IRA”) val *211 ued at $33,239.00. According to the trustee, the exemption should be disallowed because the amount claimed as exempt — i.e., $33,239.00 — has not been proven to be reasonably necessary for the support of deb...
Views: 2
MEMORANDUM OPINION Debtor/plaintiff North American Communications, Inc. (“NAC”) has brought an action for breach of contract to recover unpaid accounts receivable in the amount of $57,320.39 allegedly owed by defendants Barry Blau & Associates, Inc. and/or Barry Blau & Partners, Inc. (“Blau”) for services rendered. NAC asserts that it contracted with Blau for the services rendered and that the ...
Views: 0
MEMORANDUM OPINION Debtor has been wracked by a fractious dispute among several members of the Monsour family which has paralyzed its board of directors and rendered it incapable of effectively governing debtor. In response to this deplorable situation, the Court of Common Pleas of Westmoreland County, Pennsylvania (“state court”), appointed a receiver to manage debtor’s affairs and to procure ...
Views: 1
MEMORANDUM OPINION These jointly administered corporate and individual chapter 11 proceedings came on for confirmation hearings on April 12, 1993 on the debtors’ second amended plans of reorganization as well as the objections thereto by the Federal Deposit Insurance Corporation (“FDIC”). Also before the Court were several interrelated in limine type motions, viz: i) debtors’ motion to disquali...
Views: 0
MEMORANDUM OPINION The Court had before it on April 13, 1993 a motion for use of cash collateral which was filed on April 5, 1993 by the debtor and set for hearing on April 13, 1993. An unsecured creditor in this case objected on the basis that the shortened notice period did not comply with Fed.R.Bankr.P. 4001(b)(2) and I believed their point was well taken. Accordingly, the Court by bench r...
Views: 0
MEMORANDUM OPINION This adversary proceeding came on for hearing before the Court on December 7, 1993 for oral argument on plaintiff’s Motion for Summary Judgment and defendant’s Objection thereto, concerning plaintiff’s Amended Complaint to Determine Dischargeability of Debt. 1 For the reasons *828 set forth below, the Court denies plaintiff’s Motion for Summa...
Views: 0
MEMORANDUM OPINION Debtor/plaintiff, Gary D. Smith (“Smith”), and his wife, and defendant, Woodrow W. Jones (“Jones”), and his wife purchased a 1.882 parcel of real estate in July, 1971. Smith and Jones utilized the property in their business for the next several years. On July 24, 1990, Smith executed a deed of trust against his one-half undivided interest in the property to Jones t...
Views: 0
MEMORANDUM OPINION AND ORDER On April 12, 1993, Morgantown Trust No. 1 (“the debtor”) filed its Chapter 11 petition in bankruptcy. During a hearing on a motion for relief from stay, the Court questioned counsel for the debtor regarding the ability of a trust to file a Chapter 11 petition in bankruptcy. Thereafter, the Court ordered counsel for the debtor to submit a memorandum of authorit...
Views: 0
MEMORANDUM OPINION The Debtor, a limited partnership, owns a single asset: an apartment building valued at $10,000,000. The building is subject to a first mortgage debt in excess of $11,-100,000; the lender elected to treat its entire claim as secured, but now seeks to withdraw that election. The Debtor has proposed a Chapter 11 plan that seeks to “cram-down” the lender’s claim, despi...
Views: 0
*870 OPINION A. INTRODUCTION Resolution of the instant proceeding requires this court to address the efficacy of a landlord’s attempt to rationalize his apparent execution upon property of a third party non-tenant who is a debtor in bankruptcy following execution on a confessed judgment against the tenant as a distraint, and then to utilize distraint as a legal basis to reta...
Views: 1
MEMORANDUM OF DECISION On July 30, 1992, Sheryl and David Corsi filed their AMENDED COMPLAINT against Paul K. Berman, the debtor. The court held a trial on the AMENDED COMPLAINT on March 2 and 3, 1993. At the trial the court granted the debtor’s motion for a directed finding under 11 U.S.C. § 523(a)(2)(B) and (4). The court took the remaining matters under advisement following the tim...
Views: 0
*1006FINAL JUDGMENT FOR ALL DEFENDANTS ON ALL COUNTS THIS MATTER was tried before the Court on April 12 and 19, 1993, and the Court, having observed the candor and demeanor of the witnesses, examined the exhibits placed into evidence, having heard the arguments of counsel and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law. The business o...
Views: 0
MEMORANDUM OPINION This contested matter came on for a hearing before the Court on April 22, 1993 on the motion of Barbara Pidgeon (“movant”), wife of the debtor, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) as well as the debtor’s objection thereto. This is a chapter 13 proceeding. The following constitutes the Court’s findings of fact and conclusions of law in accordanc...
Views: 0
OPINION Caperoads Plaza Limited Partnership (the “Partnership”) is the owner of Cape-roads Plaza, a shopping center located in Raynham, Massachusetts (the “Plaza”). The financial and title history of the Plaza is complex. At the present time, after mesne conveyances and subordinations, we find the Plaza encumbered by a variety of mortgages, the senior of which is held by Metropolitan Life Insur...
Views: 0
I. Background On January 17, 1992, after considering active, spirited and competitive bids, this Court approved the sale, pursuant to section 363(b) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (1993), of substantially all assets and liabilities of LTV Vehicle Corporation, formerly known as AM General Corporation, and Amland Corporation (LTV Vehicle Corporation and Amland Corporation ...
Views: 1
MEMORANDUM OPINION Before the Court is the Final Application for Allowance of Compensation and Reimbursement of Expenses of Johnson, Brom-berg & Leeds and Baskin & Novakov, P.C. The Department of Housing and Urban Development (“HUD”) filed an objection to both Applications. HUD argued that the requested fees and expenses should be denied because Debtor’s counsel represented both the Debto...
Views: 1
DECISION ON ORDER GRANTING JUDGMENT IN PART TO PLAINTIFF AND GRANTING JUDGMENT IN PART TO DEFENDANTS Before the court is plaintiff’s complaint requesting a turnover of a portion of the defendants’ tax refund. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(E) — order...
Views: 0
MEMORANDUM DECISION This matter is before the Court as a result of the authorized sale of property of the estate by the debtors, Kallen and Janis Henderson. The Hendersons subsequently noticed their intent to distribute proceeds from the sale. The Seabreeze Condominium Owners Association (“Seabreeze”) objected to the proposed distribution. This *11 Court has jurisdiction purs...
Views: 0
HEARING ON MOTION FOR SUMMARY JUDGMENT Mark Kressner, the debtor in this Chapter 7 case, has moved for summary judgment in an adversary proceeding commenced by Hilda Gore, the executrix of the estate of Bernard Gore (“Gore”), to declare the estate’s claim non-dischargeable under 11 U.S.C. §§ 523(a)(2) and (4) and to deny the debtor’s discharge under 11 U.S.C. §§ 727(a)(3), (4) and (6). Th...
Views: 0
DECISION ON DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT In the present adversary proceeding, the Chapter 11 debtor, Lone Star Industries, Inc. (the “debtor”), contends that Compañía Naviera Perez Companc S.A.C.F.I.M.F.A. (“Perez”), Sudacia, S.A. (“Sudacia”), Inver-sora Patagónica, S.A. (“Patagónica”), and Loma Negra Compañía Industrial Argen...
Views: 1
OPINION Introduction Before the Court is the Motion of Wheeling-Pittsburgh Steel Corporation (“WPSC”) and Monessen Southwestern Railway Company (“MSW”) (WPSC and MSW collectively, “Debtor”) for Summary Judgment on the Debtor’s objection to the United Transportation Union’s (“UTU”) Administrative Claim No. 3.1 On April 16, 1985, the Debtor filed its voluntary Petition under Chapter 11 of the Bank...
Views: 0
MEMORANDUM DECISION GRANTING MOTION BY CREDITORS TO TRANSFER VENUE On December 17, 1992, several partners of the law firm Washington, Perito & Du-buc (the “Partnership Debtor”) filed an involuntary Chapter 11 petition against the Partnership Debtor in the Bankruptcy Court for the Southern District of New York. Two creditors 1 of the Partnership *855 Debtor have...
Views: 1
STATEMENT OF THE CASE Betty Jean Hunt, Debtor, filed a petition under Chapter 7 of the Bankruptcy Code on October 31, 1991. J. Coleman Tidwell, Chapter 7 Trustee, Plaintiff, filed a “Complaint to Avoid Transfers of Property” on June 30, 1992. Central Savings Bank, F.S.B., Defendant, filed its response on July 30, 1992. A trial was held on November 2, 1992. The Court, having considered the eviden...
Views: 0
MEMORANDUM I.INTRODUCTION The matters before this Court are an objection by Fleet National Bank (“Fleet”) to the Chapter 13 plan filed by Robert Baxter, Jr. (“Debtor”) and a Motion to Dismiss or in the Alternative Motion for Relief from Automatic Stay (“Motion”). On January 25, 1993, Fleet filed its Motion with respect to a note and mortgage on the Debtor’s principal residence that matured by...
Views: 0
OPINION REGARDING TIME TO CURE EXECUTORY LAND CONTRACT AND APPLICABILITY OF AUTOMATIC STAY ISSUES Does the automatic stay toll the running of a land contract forfeiture judgment redemption period? Is the creditor entitled to relief from stay to take possession of real property subject to a land contract? PROCEDURAL BACKGROUND On January 6, 1993, Delex Management...
Views: 3
DECISION This matter is before the Court upon the motion of the Debtor, Lee Road Partners, Ltd. (the “Debtor”), which seeks an order pursuant to § 365(a) allowing it to reject a lease with F.W. Woolworth Co. (“Wool *57 worth”), wherein the Debtor is the lessor and Woolworth the lessee. FACTS The Debtor is the owner and operator of the Lee Road Shopping Center lo...
Views: 5
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY The joint motion 1 of FCIDC and Franklin Lamoille Bank for relief from stay raises an issue of first impression in our jurisdiction concerning how a nonpossessory junior lien holder perfects its lien in a deposit money account that is in the exclusive possession of a senior lien holder when possession is the only method of p...
Views: 0
DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO THE ESTATE OF BRENDA L. BRUNTY AND DENYING SUMMARY JUDGMENT MOTION OF OHIO CASUALTY INSURANCE, CO. Before the court is plaintiffs’ motion for summary judgment pursuant to Fed. R.Civ.P. 56. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under 28 U.S.C. §...
Views: 2
MEMORANDUM This matter is before the Court on the Plaintiffs oral motion for summary judg *34 ment prior to trial. The Plaintiff has argued that she is entitled to summary judgment based upon the doctrine of collateral estoppel. The matter was submitted to the Court on the oral arguments presented on June 7, 1993, the exhibits and depositions, and on the record as a- whole. This is a core...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This case presents a difficult question of Michigan domestic relations law, namely: whether a custodial parent may offset a debt owed to the noncustodial parent against a child-support debt owed by the noncustodial parent. That the question arises in this court demonstrates that the practice of bankruptcy law is not quite as limited a ...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding has been submitted for decision on stipulated facts. First National Bank of Bar Harbor (“FNBBH”) and the Farmers Home Administration (“FmHA”) each claim superior rights in six FNBBH certificates of deposit in the total sum of $184,051.84.1 For the reasons set forth below, I conclude that FNBBH holds the certificates as security for two loans issued...
Views: 0
MEMORANDUM OF DECISION Dwight Maylin’s Chapter 13 plan is before the court for confirmation. Sherman, Sandy & Lee, his former counsel in pre-petition divorce proceedings and, presently, a judgment creditor, has objected. The plan and objection raise issues under 11 U.S.C. §§ 502 and 522, 1 under Fed. R.Bankr.P. 3006 and 4003(b) and under the law as articulated by the Suprem...
Views: 4
OPINION ON MOTION FOR REHEARING The question in this case, on rehearing, is whether gambling debts incurred by a debtor after the filing of a Chapter 7 bankruptcy case, but prior to multiple conversions of the case, should be treated as pre-petition claims and discharged. An affected creditor filed a motion alleging “cause” under section 348(b) of the Bankruptcy ...
Views: 0
MEMORANDUM OF OPINION ON POSTPETITION INTEREST ON UNSECURED CLAIMS QUESTIONS PRESENTED I. Whether in a case under Chapter 7 of the Bankruptcy Code, 1 the Debtor can accrue postpetition interest expense deductions for federal income tax purposes on undisputed and resolved general unsecured (prepetition) claims. The court concludes that the Debtor cannot accrue postpetition ...
Views: 1
MEMORANDUM OPINION The complaint brought by debtor against defendant Daniel Sakmar consists of two counts. Count I seeks to recover in excess of $170,000.00 which Daniel Sakmar allegedly borrowed from debtor prior to the filing of the bankruptcy petition and has failed to repay. Count II seeks damages *693for inventory, funds, and other estate assets which Daniel Sakmar allegedly removed from de...
Views: 0
MEMORANDUM I conclude that this Chapter 13 bankruptcy case should be dismissed because it was filed in bad faith. The motion to dismiss filed by the United States on behalf of the Internal Revenue Service will therefore be sustained. A Chapter 13 bankruptcy case may be dismissed if it is not filed in good faith. A court must consider the totality of the circumstances in determining whether ...
Views: 0
*443 MEMORANDUM OPINION Before the Court is the Emergency Complaint for (i) Enforcement of the Automatic Stay of § 362 of the Bankruptcy Code, (ii) Contempt Against Aetna Life Insurance Company for Violating the Automatic Stay, (iii) Recovery of Damages, and (iv) Preliminary Injunction and Permanent Injunction Together With Request for Expedited Hearing filed by the debtor, F...
Views: 0
MEMORANDUM OPINION AND ORDER Debtor filed his petition under Chapter 13 of Title 11, United States Code on January 15, 1993. On February 16, 1993, General Motors Acceptance Corporation (hereinafter “GMAC”) filed a proof of claim for a secured claim in the amount of $7,194.00. On March 8, 1993, debtor filed an objection to the secured claim of GMAC. In support of debtor’s objection, debtor repre...
Views: 0
MEMORANDUM OPINION ON RESPONSE OF UNITED STATES OF AMERICA TO APPLICATION OF DEBTOR TO EMPLOY WRIGHT KILLEN & CO. AS TECHNICAL AND INDUSTRY CONSULTANTS, NUNC PRO TUNC On April 15, 1993, the Court held a hearing on the Response of United States of *419 America (“Response”) to Application of Debtor to Employ Wright Killen & Co. as Technical and Industry Consultants, Nunc Pr...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Before the Court is the application of the Alleged Debtor Angelo Amodio for an Order directing the turnover of certain funds in the amount of $1,925 currently held in escrow and alleged to be property of his estate. The application is opposed by Adirondack Bank (“Bank”) on the ground that the Bank holds title to the funds...
Views: 0
OPINION AND ORDER DISMISSING BANKRUPTCY CASE I. The debtor filed this Chapter 13 petition on September 20, 1991. On November 14, 1991, Grosse Pointe Quality Food Company, a division of Farm House Foods Corporation (“the creditor”) filed a motion to dismiss, alleging that the debtor is not eligible for relief under Chapter 13 because he is not a individual with regular income as required by 11 U...
Views: 0
OPINION A. INTRODUCTION In Nobleman v. American Savings Bank, — U.S.-,-, 113 S.Ct. 2106, 2111, 124 L.Ed.2d 228 (1993), the Supreme Court held that 11 U.S.C. § 1322(b)(2) prohibits the use of 11 U.S.C. § 506(a) to “strip down” the lien of a mortgagee to the value of the mortgaged real estate where “the lender’s claim is secured only by a lien on the debtor’s residence.”...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court and considered herein is the motion by Hotel Syracuse, Inc. (“Debtor”), filed on July 30, 1992, and the cross-motion by the City of Syracuse Industrial Development Agency (“SIDA”) and Syracuse Economic Development Corporation (“SEDCO”), filed on August 4, 1992, seeking summary judgment on the is...
Views: 0
MEMORANDUM DECISION New West Federal Savings and Loan Association (“New West”) seeks an order of contempt against the Debtor, Spanish River Plaza Realty Company, Ltd. (“Spanish River”), and two of the Debtor’s principals, Harry Schreiber and Mark Izydore. The motion arises from the alleged willful violation of a cash collateral order entered by this Court shortly after the Debtor filed it...
Views: 1
MEMORANDUM AND ORDER ON DETERMINATION OF WHETHER THE BREACH OF A COURT ORDERED STIPULATION CONSTITUTES BREACH OF THE ORDER APPROVING IT CTB Realty Ventures XIII, Inc. (“CTB”) seeks to hold the debtor, Arnold Peck, in civil contempt of this court’s October 15, 1990 order (the “Stipulated Order”) approving a stipulation (the “Stipulation”), also dated October 15, 1990, between CTB and Peck....
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT The State of New York (“State”) has moved for summary judgment in the adversary proceeding that it filed against Joan Kelly, the Chapter 7 debtor, to declare its claim nondischargeable under 11 U.S.C. §§ 523(a)(4) and (7). In support of its motion, the State argues that there are no material facts in dispute. The State’s claim, which is comprise...
Views: 1
MEMORANDUM, OPINION AND ORDER This matter is before the court on the adversary complaint of 119th & Halsted Currency Exchange, Inc. against the Debt- or, Patricia Blake-Ware. In this proceeding, Currency Exchange seeks to have its claim against the Debtor declared nondis-chargeable under § 523(a)(2)(A) of the Bankruptcy Code. Por the reasons stated below, this courts grants judgment f...
Views: 0
MEMORANDUM, OPINION AND ORDER This matter is before the court on the motion of the Successor Trustee, Philip Martino, to strike the jury demand of one of the defendants, Jay Weisman, for a jury trial in the instant adversary proceeding. For the reasons stated below, the court grants the Successor Trustee’s motion. FACTS On March 13, 1991, the Debtor, Elegant Equine, Inc....
Views: 0
OPINION Wayne Bernard Funneman (debtor) is one of four partners in the partnership commonly known as Funneman Farms (FF). 1 The partnership’s assets consist of real estate and a checking account containing a nominal balance. The Court has no evidence before it of the partnership’s liabilities. On December 31, 1991, debtor filed a voluntary petition under chapter 7 of the B...
Views: 1
MEMORANDUM A. INTRODUCTION The instant dispute presents a question of the proper interpretation of certain terms of the Third Amended Joint Chapter 11 Plan, confirmed on March 14, 1990 (“the Plan”), in the case of ST. MARY HOSPITAL (“the Debtor”), the proponents of which were the Debtor; ROGER B. HISER (“the Trustee”); the Committee of Unsecured Creditors (“the Committee); an...
Views: 1
ORDER Before the court is plaintiff’s motion for partial summary judgment and the cross-motion for summary judgment filed by defendant McCoy Lumber Company (“McCoy”). Plaintiff seeks a determination of the validity, extent, and priority of several liens. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(E). The court will grant plaintiff’s motion for summary judgment and deny def...
Views: 0
*136 MEMORANDUM OPINION This adversary proceeding comes before the court for a determination of damages incurred by plaintiff. The court previously granted summary judgment in favor of plaintiff on their complaint to determine dischargeability of debt pursuant to 11 U.S.C. § 523(a)(4) & (a)(6), see United States Fire Insurance Company and Urban Service Systems, Inc. v. ...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on a complaint to determine dischargeability of a debt under §§ 523(a)(2)(A), (a)(4), (a)(6), of the Bankruptcy Code, 11 U.S.C. § 101 et seq., filed September 21, 1992. The defendants filed an answer and counterclaim on October 21,1992. This Court dismissed the defendants’ counterclaim by order entered November 3, 1992. The plaintiffs ...
Views: 0
OPINION I. INTRODUCTION Before this court for resolution after trial are three adversary proceedings commenced by MORSE OPERATIONS, INC. d/b/a LAUDERHILL LEASING (“Lauder-hill”), easily the largest unsecured creditor of LEASE-A-FLEET, INC. (“the Debtor”), and UNIVERSITY CADILLAC, INC. (“UCI”), an entity related to Lauderhill which is the assignee of United Valley Bank, the De...
Views: 0
*660 MEMORANDUM DECISION On April 6, 1987, Wingspread Corporation and its related subsidiaries filed for voluntary relief under Chapter 11 of the Bankruptcy Code. The cases were from their inception and remain to this day extraordinarily contentious. The conversion of the reorganization cases to liquidations under Chapter 7 did not abate the litigation. I likely have issued m...
Views: 3
MEMORANDUM OPINION This matter comes before the Court on the motion of Katahn Associates, Inc. (“Katahn”) for summary judgment pursuant to Federal Rule of Civil Procedure 56, incorporated by reference in Federal Rule of Bankruptcy Procedure 7056, on its complaint to determine the dischargeability of a certain debt owed it by the debtor/defendant Robert Wien (“Wien”). Katahn’s claim is...
Views: 1
ORDER — MOTIONS FOR SUMMARY JUDGMENT Defendant’s and Plaintiff’s motions for summary judgment were taken under advisement June 11, 1992 and exhibits were received. This court has jurisdiction of this adversary proceeding pursuant to 28 U.S.C. § 1334; and this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(E). Upon review of the pleadings, arguments and *752exhibits, findings of fact and co...
Views: 0
ORDER James P. and Leticia D. Esposito (the “Debtors”) filed pro se a voluntary petition for relief pursuant to Chapter 7, Title 11 March 30, 1993. Debtors executed a Reaffirmation Agreement with Dailey Motors April 1, 1993, to reaffirm the debt on a 1985 Chrysler LeBaron, Debtors’ sole means of transportation. Debtors prepared the agreement and persuaded the principal of Dailey Motors, L.C...
Views: 1
MEMORANDUM OPINION AND ORDER INTRODUCTION This case is before the Court on a Motion to Reconsider this Court’s denial of Debtors’ Motion to Enforce Plan Terms and to Order Abandonment of Real Property. The issue before the court is whether surrender of property to a secured creditor under 11 U.S.C. § 1325(a)(5)(C) pursuant to the terms of a confirmed Chapter 13 plan compels the secured cr...
Views: 1
MEMORANDUM OPINION Edward Dean Furlong and Linda Mae Furlong filed their petition for relief under Chapter 7 on February 24, 1993. The only problem arising from the case is the claim of the State of Missouri, Division of Family Services, against Edward D. Furlong for $9,622.59. It is the contention of the state that said sum represents “debt ... to a spouse, former spouse, or child of the d...
Views: 1
MEMORANDUM OPINION The issue in this case is whether a creditor who repossesses and sells collateral without giving the debtor formal notice of the sale is barred by Mo.Rev.Stat. § 400.9-504(3) (Cum.Supp.1992) from filing a claim for a deficiency judgment in the debtor’s bankruptcy where the debtor had actual knowledge of the sale and was present at the sale., FACTS This is a bankruptcy c...
Views: 0
Javaid I. Khan, the sole shareholder, former officer, and a creditor of this Chapter 7 debtor, has filed a motion to have the Chapter 7 trustee, Douglas W. Marky, removed from office. His affidavit accompanying the motion, sworn to in November of 1992, alleged in pertinent part: 3. Douglas W Marky as an officer of the court has defrauded the debtor as a [sic ] administrator, me as a creditor, and ...
Views: 1
DECISION ON MOTION FOR SUMMARY JUDGMENT Plaintiffs, the law firm of Steel Hector & Davis, and the equity partners of that firm (collectively “SH & D”), filed their complaint alleging that a computer system leased to SH & D prepetition by Wang Laboratories, Inc. (“Wang”) failed to operate properly. SH & D has filed a proof of claim for its damages in the main case, Complaint, Ex...
Views: 0
MEMORANDUM This memorandum contains finding of fact and conclusions of law required by Fed.Bankr.R. 7052 and Fed.R.Civ.P. 52. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(A). Background This Chapter 13 case was filed on February 17, 1993. The case was apparently filed because the City of Omaha, pursuant to its authority by city ordinance and state law, had entered a con...
Views: 1
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The defendant, Teamsters Local 677 Health Services and Insurance Fund, moves for summary judgment based on the United States Supreme Court’s decision in District of Columbia v. Greater Washington Bd. of Trade, — U.S.-, 113 S.Ct. 580, 121 L.Ed.2d 513 (1992) invalidating Conn.Gen.Stat.Ann. § 31-284b (West Supp. 1993) which mandated the...
Views: 0
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS ADVERSARY COMPLAINT The Debtor filed this adversary proceeding to determine whether the Defendants, Linda Blastings and Carol Henley (the “Judgment Creditors”) hold a claim in this bankruptcy case secured by the stock in Trodglen Paving, Inc. The stock is 100% owned by the Debtor and is thus property of this estate. ...
Views: 0
DECISION ON MOTION SEEKING AN ORDER REQUESTING HONORABLE EDWARD J. KORMAN, UNITED STATES DISTRICT JUDGE, TO WITHDRAW REFERENCE OF THIS ADVERSARY PROCEEDING This is an adversary proceeding in which the Official Committee of Unsecured Creditors (the “Committee”) is the plaintiff seeking payment of certain promissory notes (collectively, the “Notes”) allegedly executed and delivered by Nicholas Neu (...
Views: 0
OPINION Two matters are currently before the court for consideration: 1) the debtor, Troy L. Smith’s, pending confirmation of his proposed chapter 11 plan of reorganization which was filed with the court on April 20, 1992 and amended December 1, 1992; and 2) NationsBanc Mortgage Corporation’s motion seeking relief from the automatic stay to continue its foreclosure action against the ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW These proceedings are before the Court on complaints objecting to discharge filed pursuant to § 727(a)(2) and (4). The Court held a trial on November 18, 1992, and on March 9, 1993. At the conclusion of plaintiff’s case, the Court dismissed defendant, Holly Ferrato, as a party defendant and the trial proceeded as to the other defendants. *85 Upon the ev...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW CLAIMS 19 AND 20 This case is before the Court on debtors’ objection to claims 19 and 20 filed by William Rickman (“Rickman”). The Court held hearings on July 23, 1992, and February 24,1993. Upon the evidence presented, the following findings of fact and conclusions of law are entered: Findings of Fact — Claim 19 The pa...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Southeast Bank, N.A. filed a complaint for turnover claiming $15,000.00 being held by the trustee, defendant Charles W. Grant. Defendant Internal Revenue Service claims the funds asserting a right of set-off provided for in § 553 of the Bankruptcy Code. This adversary proceeding is before the Court on plaintiffs motion for summary judgment. The ...
Views: 0
MEMORANDUM OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT UNDER 11 U.S.C. § 1111(b) This declaratory judgment proceeding 1 is before us on cross motions for summary judgment and for judgment on the pleadings. 680 Associates seeks a declaration that MBLI’s allowable secured claim is limited to the value of the land and building located at 680 Fifth Avenue, New York, New York and th...
Views: 2
OPINION Factual Background The Movants are parties who filed asbestos-related property damage claims (“Claims”) totalling $8,364,330.27 against H.K. Porter Company, Inc. (“Debtor” or “Porter”). After Porter filed objections to the Claims, the Claims were expunged by default, dismissal or withdrawal. The Movants filed the present Motion to Vacate Default Judgments and to Reinstate Dismissed ...
Views: 0
MEMORANDUM OPINION ON FINAL FEE APPLICATION OF KAYE SCHOLER FIERMAN HAYS & HANDLER Following confirmation of Debtor Farley, Inc.’s Plan of Reorganization, its attorneys in the firm of Kaye, Scholer, Fierman, Hays & Handler (“Kaye Scholer”) submitted their final application for fees of $2,603,618.11 and disbursements of $405,-687.68. The Pension Benefit Guaranty Corporation (“PBGC”) ob...
Views: 1
OPINION 1 Background Victor J. Ziegler doing business as ZigZag Bar (“Debtor”) filed a voluntary Petition under Chapter 7 (“Petition”) of the Bankruptcy Code on March 6, 1992 (“Filing Date”). At the first meeting of the creditors, pursuant to 11 U.S.C. § 341, which was held on July 2, 1992, Richard W. Roe-der, Esq. (“Trustee”) became aware of a settlement which the Debtor had received as ...
Views: 0
ORDER At Saint Louis, in this District, this 1st day of July, 1993. The hearing to consider the Operating Trustee’s application and notice for authority to approve a sale of substantially all of the Debtor’s assets prior to submission of a disclosure statement and plan was called on June 30, 1993. A review of the record indicated that the Court had received eight timely filed wri...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION OF ROBERT HA WXHURST FOR LEA VE TO FILE A LATE PROOF OF CLAIM AND FOR RECONSIDERATION OF PRIOR ORDER DISALLOWING CLAIM INTRODUCTION Pettibone Corporation and its related entities (“Pettibone”) emerged from their Chapter 11 proceeding herein by confirmation of debtor’s Plan of Reorganization on December 9, 1988 (“Plan”). This C...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW CONCERNING THE AMENDED CLAIM OF BRAAS SYSTEM, INC. Braas System, Inc. (“BSI”) filed an amended proof of claim against the estate of Debtor Octagon Roofing in which it asserts a $250,000 secured claim plus interest, costs and attorney’s fees. Mr. Donald Johnson, the Trustee of Debtor’s Chapter 7 estate, has objected to this amended proof of claim...
Views: 0
MEMORANDUM DECISION RE: HOMESTEAD EXEMPTION FACTS The debtor, Sandra Lee Zohner, filed a petition under Chapter 7 of the Bankruptcy Code on March 26, 1993. On that date she resided in a home at 7311 Mission Hills Drive in Las Vegas, Nevada (“Residence”). Zohner had lived at the Residence for about five years. On April 1, 1993, Zohner executed a declaration of homestead on the Residence. T...
Views: 0
OPINION I. INTRODUCTION. This case involves a dispute between the debtor and its principal secured creditor over how present value should be calculated for purposes of “cramming down” a plan of reorganization under 11 U.S.C. § 1129(b). 1 II. PROCEDURAL BACKGROUND. Villa Diablo filed its Chapter 11 petition on July 13, 1992. Its primary asset is a 48 unit apartment complex located in...
Views: 0
MEMORANDUM DECISION At issue is whether Dam Road Mini Storage (“debtor”) is entitled to modify its confirmed plan of reorganization. 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 of California. This is a core proceeding pursuant to § 157(b)(2)(A) and (L). FACTS O...
Views: 0
ORDER ON APPLICATION FOR ALLOWANCE OF THE INTERNAL REVENUE SERVICE FOR ADMINISTRATIVE CLAIM THESE are consolidated yet-to-be confirmed Chapter 11 cases of Hillsborough Holdings Corporation and its 32 wholly-owned subsidiaries (Debtors), and. the matter under consideration is an Application for Allowance of an Administrative Claim filed by the United States of America, Internal Revenue Ser...
Views: 0
ORDER ON MOTION TO IMPOSE SANCTIONS THIS IS a Chapter 13 case and the matter under consideration is a Motion filed by Larry J. Ryan (Debtor) who seeks imposition of sanctions against General Motors Acceptance Corporation (GMAC) for the alleged violation of the automatic stay. The facts which are relevant and as established at the Final Evidentiary Hearing are as follows: The Debtor p...
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- *315 chargeability vel non of an obligation in the amount of $3,789.47 owed by Glen and Nancy Rouse (Debtors) to Barnett Bank of Lee County (Bank). The Bank’s claim of nondischargeability is brought in a one count complaint based upon § 523(a)(2)(A) o...
Views: 1
DECISION ON MOTION OF UNITED STATES TRUSTEE TO DISMISS FOR SUBSTANTIAL ABUSE CAME ON for hearing the motion of the United States Trustee to dismiss this chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b). Upon consideration thereof, it is the ruling of the court that the motion should be granted. BACKGROUND FACTS William Fitzgerald, Jr. and Valerie Phipp...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THIS IS a Chapter 7 ease and the matter under consideration is the Complaint Objecting to Discharge filed by First National Bank of Boston (Bank) in the above captioned adversary proceeding. The Bank’s Complaint contains one count based upon *38 11 U.S.C. § 727(a)(2), and alleges that Arthur and Carol Smith (Debtors) transferred pro...
Views: 0
MEMORANDUM DECISION This matter comes before the Court on the Trustee’s objection to the unsecured claim of American. Ambassador Casualty Company. The Court sustains the Trustee’s objection and disallows American Am *558 bassador Casualty Company’s claim because it was not timely filed. JURISDICTION The Court has jurisdiction over this matter pursuant to 28 U.S.C. S...
Views: 0
ORDER ON OBJECTION TO CLAIM # 19 THIS IS a Chapter 7 liquidation case which originally commenced as a Chapter 11 case filed by Roy Lee Schmidt and Dorothy Ann Schmidt (Debtors) on August 20, 1991. Due to the Debtors’ inability to achieve reorganization, the case was converted to a Chapter 7 liquidation case on June 26, 1992. The matter under consideration is an Objection to Claim # 19 of Stotts C...
Views: 0
ORDER ON MOTION TO IMPOSE SANCTIONS THIS IS a dismissed Chapter 11 case and the matter under consideration is a Motion for the Imposition of Sanctions pursuant to F.R.B.P. 9011 filed by Angela S. Cudlipp and Cudlipp Construction Development Company (Cudlipps) against Albert Ballard (Ballard). The procedural background of the Motion under consideration is as follows: On December 29, 1...
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 admittedly due and owing by Joseph and Barbara Jackson (Debtors) to Chemical Bank (Bank). The Bank brought the claim of nondischargeability in a two count complaint, both counts based upon § 523(a)(2)(A) of the Bankruptcy C...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION This is a Chapter 7 case and the matter under consideration is the Amended Complaint filed by Meadowbrook Mall Company (Meadowbrook). Meadowbrook’s claim is set forth in its Amended Complaint, which contains one count based upon 11 U.S.C. 727(a)(3). Meadowbrook alleges that Michael and Joanne Vetri (Debtors) failed to keep or preserve ...
Views: 1
ORDER ON MOTION FOR ENTRY OF JUDGMENT THIS IS a confirmed Chapter 11 case and the matter under consideration is a Motion for Entry of a Judgment in the above captioned adversary proceeding. The Motion is filed by Bicoastal Corporation, d/b/a Si-muflite f/k/a The Singer Company (Debt- or). In order to place the Motion under consideration in proper focus the procedural history of this hotly...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on Defendant’s Motion for Partial Summary Judgement against Plaintiff, Daniel R. Murray, Trustee (the “Trustee”) of the Chicago, Missouri & Western Railway Company (“CMW”), dismissing the Trustee’s claims for freight and demurrage charges for transportation services provided by CMW or, in the alternative, the referral of these issues t...
Views: 0
DECISION This is an adversary proceeding in which the Plaintiff, Flexi-Van Leasing, Inc. (“Flexi-Van” or the “Plaintiff”) seeks to either have its claim against the Defendant, Joseph F. Perez, the debtor herein, (“Perez” or the “Debtor”) deemed nondis-chargeable or to have the Debtor’s discharge denied pursuant to 11 U.S.C. § 727(a)(2). This matter comes before the Court on the motio...
Views: 2
DECISION It is a well-known axiom that the bankruptcy laws are intended to be used as a shield and not as a sword. Shell Oil Co. v. Waldron, 785 F.2d 936, 938 (11th Cir.1986) (quoting In re Penn Cent. Trans. Co., 458 F.Supp. 1346, 1356 (E.D.Pa.1978)), cert. dismissed, 478 U.S. 1028, 106 S.Ct. 3343, 92 L.Ed.2d 763 (1986); In re Lee Road Partners, ...
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 of a debt admittedly owed by Jimmy Lee Cox (Debtor) to the United States of America, Internal Revenue Service (Government). The adversary proceeding was commenced by the Debtor who in Count I is seeking a determination that the income...
Views: 0
MEMORANDUM DECISION GRANTING MOTION OF DIME SAVINGS BANK OF WILLIAMSBURGH TO LIFT AUTOMATIC STAY (185 WEST END AVENUE, APARTMENT b-D, NEW YORK CITY) The debtors in these Chapter 11 cases are mother and daughter. Both pre- and post-petition the mother has attempted to fend off foreclosures of her interests in various apartments located in New York City through prolific litigation which the mot...
Views: 1
DECISION ON ORDER GRANTING JUDGMENT AGAINST CHARLES RUSSELL HALE 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)(I) — determinations as to the dischargeability of particular debts. Atassi v. McL...
Views: 0
MEMORANDUM OPINION AND ORDER This is an adversary proceeding brought by two chapter 7 codebtors, Osear H. Cog-gin and Vanette B. Coggin, to avoid a lien claimed by Sears, Roebuck and Company on an air conditioner and a washer that the Coggins purchased from Sears and charged to their revolving Sears charge account. The Coggins contend that the liens are void because Sears failed to proper...
Views: 2
OPINION Before the Court is the U.S. Trustee’s Motion for Summary Judgment on its Complaint to Avoid Liens. The U.S. Trustee seeks to avoid the Defendants’ liens on certain vehicles, which liens were taken as security for their professional services to the Debtor. On January 29, 1992, the Debtor and the law firm of KEEFE GORMAN & BRENNAN, by its representative Terrence J. Anastas...
Views: 1
MEMORANDUM OPINION Debtors seek pursuant to 11 U.S.C. § 522(f)(1) to avoid several judicial liens against their personal residence which are held by respondents Reed Oil Company (“Reed”), Pittsburgh National Bank (“PNB”), and Three Rivers Bank (“Three Rivers”). Debtors assert that the liens may be avoided because they impair the exemption debtors have claimed in their residence pursuant to 11 U...
Views: 1
MEMORANDUM OPINION This matter came before the Court on a number of motions and countermotions and objections to motions. There was the motion to dismiss or convert the Chapter 11 filed by the largest creditor (Agribank) with objections filed by the debtor to Agri-bank’s motion to dismiss or convert. There was also a motion to dismiss by the United States Trustee, plus a motion by deb...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard upon the complaint filed by Larry Gene Evans (“Debtor”) to determine the dischargeability of taxes owed to the United States of America, ex rel. Internal Revenue Service (“IRS”) and to determine the extent and validity of the IRS’ lien against Debtor’s interest in his retirement plan. FINDINGS OF FACT 1. On February 13, 1992, Debtor file...
Views: 1
MEMORANDUM ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT UNDISPUTED FACTS On August 1, 1991, two lawsuits were filed in the United States District Court for the District of Minnesota as class actions on behalf of individuals who purchased Bio-plasty stock on the open market during the period August 30, 1990 through July 30, 1991. ...
Views: 0
DECISION This case concerns priorities among conflicting security interests in the same farm equipment. It is a core proceeding under 28 U.S.C. § 157(b)(2)(K). There are three disputes to be resolved in this case, each of which shall be separately addressed. They are identified as follows: 1. F & M Bank of Slinger n/k/a Associated Bank (“Bank”) v. John Deere Company (“John Deere...
Views: 0
MEMORANDUM OF DECISION Currently before the Court is the Application for Compensation filed by U. Charles Remmel II, Esq. of the law firm of Kelly, Remmel & Zimmerman (hereinafter “Applicant”), attorney for the above-captioned Chapter 7 Debtor. Applicant requests an allowance of fees in the amount of $17,312.45 and reimbursement of expenses in the amount of $474.54, for total compensation...
Views: 0
MEMORANDUM This matter is before the Court on the debtor’s MOTION TO AVOID LIEN PURSUANT TO 11 U.S.C. § 522(f). The debtor seeks to avoid the judicial lien of Wickes Lumber Company [hereinafter Wickes], Clark County Circuit Court Cause Number 84-0206. Wickes Lumber Company filed its OBJECTION TO MOTION TO AVOID LIEN on June 12, 1992. The Court heard arguments in this matter on November 23, 1992. ...
Views: 0
ORDER ON FIRST AND FINAL APPLICATION FOR COMPENSATION FOR CHAPTER 11 TRUSTEE THIS MATTER comes before the Court on the First and Final Application for Compensation for Chapter 11 Trustee, filed by Trustee Harvey Sender on October 7, 1992. Pursuant to the Court’s Order of December 28, 1992, the trustee filed a Supplement to First and Final Application for Compensation by Chapter 11 Trustee on Ja...
Views: 1
ORDER DENYING OBJECTION TO PLAN OF REORGANIZATION BASED ON ITS METHOD OF CLASSIFYING CLAIMS [11 U.S.C. § 1122(a)] ZRM-Oklahoma Partnership, the debtor-in-possession in this case under chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., has proposed a plan of reorganization. Its largest creditor, IDS Life Insurance Company, objects to confirmation on several grounds. This orde...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard upon the Cross-Motions for Summary Judgment filed by Donald P. Taylor (“Debtor”) and the United States of America ex rel. the Internal Revenue Service (“IRS”). Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 1...
Views: 0
ORDER The debtor is a limited partnership. The petition in this case was signed by Jeffrey Busch, president of the corporation that is the debtor’s sole partner. Busch is not a member of the bar of this court. A party that is a limited partnership may not be represented by a layperson, even if the layperson is a general partner. Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1309-11 (2nd C...
Views: 0
DECISION AND ORDER Before the Court are the Applications for Administrative Fees and Expenses of:- (1) the Chapter 7 Trustee, Stephen S. Gray, in the amount of $108,032 and $2,480; (2) Counsel for the Trustee, William Dolan, Esq., and the firm Brown, Rudnick, Freed & Gesmer, in the amount of $36,657 and $2,992; and (3) Debtor’s counsel, Barbara Harris, Esq., in the amount of $30,231 and $...
Views: 0
DECISION AND ORDER AUTHORIZING INTERIM AND FINAL COMPENSATION, AND INTERIM DISTRIBUTION TO CREDITORS Most fee application hearings in large or notorious cases seem to involve central areas of interest about which the determination of the requested compensation is involved, i.e. benefit, complexity, undesirability, etc. See In re Casco Bay Lines, Inc., 25 B.R. 747 (Bankr.1st...
Views: 0
DECISION AND ORDER For creditors, the travel of this 11 year old bankruptcy case probably hit an all time low on May 6, 1993, at the hearing on fee applications, when assets available for distribution in the total amount of $119,860 were the subject of fee requests of $122,712. With numbers like this to deal with, we are compelled to remind our professional colleagues that “[i]t is fundam...
Views: 0
ORDER GRANTING UTILITY’S MOTION TO TERMINATE SERVICE Before the Court is Providence Gas Company’s Motion to Terminate Service, and Debtor’s objection thereto. The facts, not in dispute, are that Movant sent a letter dated March 25, 1992 seeking adequate assurance of payment of accumulating post-petition gas services, and that the Debtor did not respond. Debtor now argues that service may not be...
Views: 0
DECISION DETERMINING REASONABLENESS OF COSTS AND EXPENSES Heard on April 19, 1993, on the fee application of Winograd, Shine & Zacks, attorneys for the Debtor. We allowed compensation of $49,185 for services, and took under advisement the request for expenses of $6,800. The allowability and reasonableness of expenses incurred by professionals rendering services in bankruptcy is a matter w...
Views: 0
ORDER OF DISMISSAL This adversary proceeding came on for hearing on April 21, 1993, on the defendant’s motion to dismiss. Thomas G. Wall-rich appeared for the plaintiffs and Daniel C. Beck appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 1334 and 157(a) and Local Rule 201. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(F). ...
Views: 2
OPINION One of the Debtors, DANIEL L. BON-NETT, (DEBTOR), an attorney, was a shareholder in the Plaintiff law firm (FIRM) conducting its practice as a professional corporation. The DEBTOR decided to withdraw from the FIRM and move to Arizona. At that time he had overdrawn his income account. When he withdrew, the FIRM and the DEBTOR agreed that the amount of the overdraw would be applied against t...
Views: 0
OPINION Plaintiff, Richard E. Barber, the Chapter 7 Trustee in Bankruptcy for Ostrom-Mar-tin, Inc. (the Debtor) filed a complaint against the FIRST NATIONAL BANK OF CHILLICOTHE (BANK OF CHILLI-COTHE) and the PRINCEVILLE STATE BANK (PRINCEVILLE BANK). The Trustee alleges the following facts: That on September 3, 1991, the Debtor issued a check for $300,000.00 drawn on the Debt- or’s accoun...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the motion of the Resolution Trust Corporation (“RTC”) for summary judgment as to count VI of the Plaintiff’s complaint. Having considered the briefs, the arguments of counsel, the applicable law, and being otherwise fully informed and advised, the Court finds the motion is not well taken. FACTS On April 23, 1985, the Plain...
Views: 0
*56 MEMORANDUM DECISION Alfred and Ruth Nadel, judicial lien-holders, filed an objection to the debtor’s claim of homestead exemption.' The Nadéis assert that the debtor is not entitled to the homestead exemption under state law. This proceeding to determine the allowance of debtor’s homestead exemption is a core matter as defined by 28 U.S.C. § 157(b)(2)(B), and this Court ...
Views: 1
*147 MEMORANDUM OPINION This is the court’s decision on a motion by the Official Committee of Unsecured Creditors of Investors & Lenders Ltd. (hereinafter “creditors committee”), to avoid liens asserted by creditor William Kander (hereinafter “Kander”) upon two promissory notes held by the debtor, to preserve said liens for the benefit of the estate and to declare Kander’s cl...
Views: 0
DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT The Chapter 11 debtors, Frontage Development Corp. (“FDC”) and The Eighty Trust (the “Eighty Trust”), have moved for partial summary judgment in this adversary proceeding which they commenced against Eliot Furman (“Furman”) and Ack-erley Communications of Massachusetts, Inc. (“Ackerley”) to avoid certain post-petition transfers. The debtors also se...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT The defendant, Orseck, Orseck, Green-berg & Gaiman (“Orseck”), has moved for summary judgment to enforce a prepetition judgment lien for legal services owed by the debtor, Grossinger Associates. Various mechanics’ lienors oppose Orseck’s motion on the ground that their liens have priority over Orseck’s lien. Orseck contends that the parcel of the debtor’s u...
Views: 0
MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The plaintiff has moved for summary judgment in the above captioned adversary proceeding to determine that the debt it is owed by the defendant is not dischargeable under 11 U.S.C.A. § 523(a)(2)(A) (West 1993). The motion is granted because the relevant issues have been tried and determined in a hearing before a state workers...
Views: 3
MEMORANDUM OPINION AS TO CONTESTED MATTERS INITIATED BY OBJECTIONS TO DEBTORS’ CLAIMS OF EXEMPTIONS These contested matters test the limits of what some euphemistically call “pre-bankruptcy planning” by new Floridians who seek to benefit from Florida’s nationally recognized liberal exemption laws. In *89 this ease, the debtors incurred substantial indebtedness in their home s...
Views: 1
MEMORANDUM OF OPINION The above-styled Chapter 11 bankruptcy case is before the Court on a Motion for Relief From the Automatic Stay filed by Resolution Trust Corporation, as Conservator for First American Savings Bank, F.S.B. (“Movant”) in which it seeks the entry of an order granting relief from the automatic stay nunc pro tunc. Barron J. and Nancy H. Russell (“Intervenor...
Views: 1
MEMORANDUM OF DECISION The United States Trustee in this chapter 7 bankruptcy has moved to dismiss the case under section 707(b) of the Bankrupt *774 cy Code. Bruce and Katherine Williams, the debtors in this case (“debtors”), contest the motion. Section 707(b) permits a court to dismiss a chapter 7 case where: (1) the case is filed by an individual debtor; (2) the debtor’s debts are primar...
Views: 0
MEMORANDUM OF DECISION Defendant Beneficial Idaho, Inc. (“Beneficial”) moves to dismiss this adversary proceeding commenced by Arthur and Dian Eakin (“debtors”), to avoid a lien of Beneficial. For the reasons hereafter stated, Beneficial’s motion is granted. This adversary proceeding represents an attempt to avoid Beneficial’s lien against the debtors’ mobile home. The facts as alleg...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW The issue in this adversary proceeding is whether a debt owed the plaintiff by the defendant in the amount of $11,000.00 is a nondischargeable spousal support obligation or is a dischargeable claim arising from the distribution of the parties community property. The parties were married from 1981 to 1986. In 1986, they obtained a decree of divorce from the D...
Views: 0
DECISION DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding is an avoidance action. Resolving it involves determining how to perfect a security interest in a certificate of deposit (CD) bearing the legend "non-negotiable” and “non-transferable.” Central to the dispute is how the CD should be classified under Article 9 of the Uniform Commercial Code (“UCC”). This is i...
Views: 0
MEMORANDUM OF DECISION I. Background and Status of Proceedings. This adversary proceeding is before the Court for disposition of motions for summary judgment filed by both Plaintiff and Defendant. A review of the record reveals there remain no genuine issues of material fact, only questions of law, and therefore summary judgment is appropriate. P.R.B.P. 7056. The events leadi...
Views: 0
MEMORANDUM OPINION John and Linda Godden filed for relief under Chapter 7 on June 14, 1991, and were duly discharged on October 28, 1991. Listed among their creditors were child support and/or maintenance payments due under a decree of divorce rendered in 1973 and allegedly assigned to the State of Kansas as a result of funds paid to debtor John Godden’s former wife for his two minor children. Deb...
Views: 0
MEMORANDUM OPINION This case comes before the Court on remand from the district court, 151 B.R. 141. That court seeks a more detailed consideration of Plaintiff’s dischargeability complaint under 11 U.S.C. § 523(a)(6) (1988). The Court duly scheduled a conference with counsel for the two parties and they agreed that the Court should rule the § 523(a)(6) issue based on the record made at the p...
Views: 0
DECISION AND ORDER DENYING DEBTORS’ OBJECTION TO SECURED CLAIM OF KENNY DAVIS HOMES, INC. This matter is before the court upon the debtors’ motion for summary judgment. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(B) — -allowance or disallowance of claims against the esta...
Views: 0
*259 MEMORANDUM OPINION FCC National Bank/First Card (“Plaintiff”) objected to the dischargeability of defendants/debtors’ (“Debtors”) credit card debt pursuant to 11 U.S.C. § 523(a)(2)(A). Debtors responded that plaintiffs complaint is not substantially justified and requested reimbursement of the attorney’s fees and costs incurred to defend this adversary action. This is a ...
Views: 1
MEMORANDUM OPINION This case involves two adversary proceedings which were consolidated by Order of this Court on October 2, 1992. -Plaintiffs are Superior National Bank (“Superior”) and Erlene W. Krigel, the Chapter 7 trustee (“Trustee”). Such plaintiffs object to the discharge of defendant. This is a core proceeding under 28 U.S.C. § 157(b)(2)(J) over which the Court has jurisdiction pu...
Views: 2
MEMORANDUM OPINION Trial was held in this adversary proceeding April 1,1993, on the trustee’s complaint to sell residential real property owned by the debtor and his nondebtor spouse as tenants by the entirety. The trustee’s complaint seeks to sell the property to satisfy the claims of joint creditors pursuant to 11 U.S.C. § 363(h). The issue before the court concerns just one of the cond...
Views: 0
MEMORANDUM OPINION This ease comes before the court on hearing on confirmation of Birdneck Apartment Associates’ (“debtor’s”) Amended Plan of Reorganization (“plan”). Debtor’s sole asset is a 100-unit apartment complex known as Ashley Oaks Apartments. Potomac Equity Portfolio Limited Partnership, L.P. (“Potomac”) is secured by a deed of trust on the property and a security interest in...
Views: 0
MEMORANDUM OPINION This case comes before the court on motion by Washington Capital Aviation & Leasing (“WCAL”) as lessor to assume an aircraft lease with American Trucking Associations, Inc. (“ATA”) as lessee. The ATA opposes debtor’s motion and requests the lease be terminated. Hearing was held on May 20, 1993, and the court took the matter under advisement directing the parties to ...
Views: 1
MEMORANDUM OPINION The case is before the court on motion of the chapter 7 trustee requesting an award of attorneys fees and costs against the Internal Revenue Service (“IRS”) pursuant to 26 U.S.C. § 7430(a). The amount sought *161is $6,293.01. As his basis the trustee alleges IRS was “not substantially justified” in filing a proof of claim in the case in the amount of $202,878.92. The court ulti...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on both the complaint of Clyde O. Bodie (“Bod-ie” or “plaintiff”) and Mary A. Bodie to determine dischargeability of debt filed October 2, 1993, and the counterclaim of Stanley B. Britt (“Britt” or “defendant”) against Bodie, in the answer filed on November 3, 1992, for default on a promissory note. The Bodies allege that Britt owe...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on an objection by John Douglas Fenessy, the debtor, to an application by Kevin R. Huen-nekens, the trustee, to compensate an auctioneer for its services in selling a vehicle that was part of the bankruptcy estate. Briefs filed by counsel for the trustee and the debtor clarified that the real issue is whether the debtor is entitled to a $2,000...
Views: 0
BACKGROUND On August 14, 1992 the debtor, Scott B. Chapin, (The “Debtor”) filed a petition initiating a Chapter 7 case. On his schedules the Debtor listed Hartford Insurance Group, Inc. (“Hartford”) as a creditor holding a New York State Supreme Court judgment against him in the amount of $20,-279.00 (the “Hartford Judgment”). The Hartford Judgment was a default judgment obtained in an action c...
Views: 2
ORDER GRANTING VISCOUNT GROUP, INC.’S EMERGENCY MOTION TO PROHIBIT DEBTOR’S USE OF CASH COLLATERAL, SETTING EVIDEN-TIARY AND CONTINUING HEARING ON VISCOUNT’S MOTION FOR RELIEF FROM AUTOMATIC STAY THIS CAUSE, having come before the Court on December 1, 1992, upon Viscount Group, Inc.’s (“Viscount”) Motion to Pro*363hibit Debtor’s Use of Cash Collateral, the Court, having reviewed the pleadings, h...
Views: 0
*177 MEMORANDUM OPINION The chapter 11 debtor in possession filed this adversary proceeding by a motion for turnover of property of the estate. The subject of the motion is debtor’s bank account at Heritage Bank and Trust Co., which was subject to a prepetition writ of attachment in state court. Trial was held on an expedited basis on April 30, 1993, after which the court ru...
Views: 0
MEMORANDUM OPINION Pursuant to Bankruptcy Rule 7052, the following are the Court’s Findings of Fact and Conclusions of Law in connection with the hearing held in the above-referenced adversary proceeding on March 26, 1993. This case addresses whether a state court default judgment entered as a sanction for discovery abuse is entitled to issue preclu-sive effect in a bankruptcy dischargeab...
Views: 1
George C. Demas, Jr., the debtor in this voluntary Chapter 7 case, has moved pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) to dismiss certain causes of action in an amended complaint filed by the plaintiff, Beatrice Demás, in which she seeks a determination that her claim against the debtor is non-dischargeable under 11 U.S.C. § 523(a)(5) as well as a denial of the debtor’s disch...
Views: 0
DECISION ON MOTION FOR ORDER REQUIRING DEBTOR TO PAY TIMELY ITS LEASE OBLIGATIONS The Campbell/Massachusetts Trust (the “Trust”), as lessor, has moved for an order requiring the Chapter 11 debtor, Child World, Inc., to pay timely its prerejection lease obligations as required by 11 U.S.C. § 365(d)(3). The amount involved is $47,-451.46, which represents unpaid real estate taxes due and ow...
Views: 1
MEMORANDUM OPINION The Court scheduled a hearing on fees for the attorneys for the debtor, fees for special counsel who acted on behalf of the debtor in a state court action, and fees for accountants of the debtor. That hearing was scheduled on June 9, 1993, and at the time of the hearing a new issue arose which the parties felt the Court should-address. That issue was whether or not the Boone ...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the First Amended Complaint of Debtor Lawndale Steel Co., (“Lawndale”) seeking to avoid a setoff by defendant Magic Steel Co. (“Magic”), in the amount of $11,225.31. I. FACTS The relevant facts are undisputed and are contained in the parties’ stipulation of agreed facts, filed with the Court on January 25, 1993. On Decembe...
Views: 0
DECISION AND ORDER Heard on the Chapter 11 Trustee’s Objection to Claim of Sumner A. Long. Long alleges that Newport Offshore, Ltd. (NOL) negligently repaired and made improper and unauthorized modifications to his yacht, breached its contract by not following specifications, otherwise violated the terms of his contract with Newport Offshore, Ltd., and that he was damaged thereby. The Trustee c...
Views: 0
ORDER ON MOTION OF WHATLEY RANCH JOINT VENTURE, LTD. FOR STAY PENDING APPEAL I. PRELIMINARY On June 4, 1993, this Court entered four orders, those being (1) an order granting the Debtor’s, Alfred Thielen Whatley’s (“Debtor”), objection to the claim of What-ley Ranch Joint Venture, Ltd. (“WRJV”) pursuant to which the claim filed by WRJV as an alleged creditor in this proceeding was di...
Views: 2
OPINION A. INTRODUCTION The issue presented for determination in the instant proceeding is whether an individual who resides in Ontario, Canada has been properly served when a process server left papers for him with “a [sic] adult female secretary at his place of business.” Since we find that such service is insufficient under both the law of this jurisdiction (Pennsylvania) and ...
Views: 0
MEMORANDUM DECISION I. ISSUE The question here presented is whether a judgment awarding damages and attorney's fees for sexual harassment is nondis-chargeable under § 523(a)(6) of the Bankruptcy Code. 1 II. BACKGROUND Plaintiff Kelly Hammond alleged, in her Superior Court Complaint 2 : 6. Randy Gee sexually harassed Ms. Hammond with his uninvited and unwanted attention and touching,...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the Complaint objecting to discharge, filed on May 13, 1992. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that this is a “core proceeding” within the meaning of 28 U.S.C. § 157(b) as exemplified by 28 U.S.C. § 157(b)(2)(J). The complaint...
Views: 0
ORDER ON POST TRIAL MOTIONS THIS CAUSE is before the Court upon the post trial motions filed by the parties. The debtor filed a “Motion for Rehearing” on May 3, 1993. The defendant Union National Bank of Arkansas (“The Bank”) filed a “Motion to Alter or Amend Judgment” on May 4, 1993. This cause was initiated by the debtor’s Complaint for Turnover filed on May 14,1992. The debtor purchased hi...
Views: 0
ORDER This cause is before the Court upon two contested matters concerning a dispute between the debtors and the United States. The debtors object to the United States proof of claim for internal revenue taxes and the United States objects to a proposed modification of the Chapter 13 plan. On March 9, 1993, the parties appeared and advised the Court that the pending matters involved legal issue...
Views: 0
ORDER DENYING MOTION FOR EX-PARTE HEARING THIS CAUSE is before the Court upon a document entitled “Motion for Ex-Parte Hearing” filed on June 1, 1993. Although the debtor is now represented by counsel, the motion was filed in a pro se manner on behalf of both Mrs. and Mr. Robinson. Once again, Mrs. Robinson is confused by the procedure which must be followed. First, this adversary proceeding was d...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the complaint to determine discharge-ability, filed on October 21, 1992. The plaintiff, Robert Jeremy Hawk, the son of the debtor Robert Follett, alleges that the debtors defrauded him by misappropriating insurance proceeds he received in settlement of a damage claim. See 11 U.S.C. § 523(a)(2)(A), (a)(4). In addition to...
Views: 0
The bankruptcy court sustained an objection by the Chapter 13 trustee to the confirmation of the debtors’ Chapter 13 plan of reorganization. Although numerous issues are raised in this appeal, the sole basis for denial of confirmation by the bankruptcy court was that the plan provided for payments extending over a period longer than three years without court approval as required under § 1322(c)...
Views: 1
OPINION The appellee, Howard Weitzman, filed a malicious prosecution action in state court against, inter alia, the debtor’s Chapter 7 trustee, counsel for the trustee and the chairman of the debtor’s creditors’ committee. The trustee removed the action to the bankruptcy court. Weitzman dismissed the trustee and filed a motion requesting that the bankruptcy court abstain and remand the acti...
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 the debt admittedly due and owing by Lamar S. Stokes and his wife, Joan B. Stokes (Debtors) in the amount of $10,651.88. The claim of nondis-chargeability is asserted by Sun Bank, N.A. (Bank) who contends that this obligat...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTIONS THIS IS a Chapter 7 liquidation case and the matters under consideration are Objections to Claim of Exemptions of Larry G. Rightmyer (Debtor). The Objections are interposed by Lauren Johnson (Trustee), Charles B. Goldsmith (Goldsmith), and John Nash (Nash), who challenge the Debtor’s right to claim a residence located at 408 Eighth Avenue, Tierra ...
Views: 0
ORDER ON MOTION TO DISMISS THIS is a Chapter 7 liquidation case and the matter under consideration is a Motion to Dismiss this Chapter 7 case. The Motion is filed by James R. Yeskett (Yeskett), a creditor of Gregory F. Limpert (Debtor) who contends that the Debtor is ineligible for relief under the Bankruptcy Code inasmuch as he had a previous Chapter 13 case, which was dismissed within 180 days o...
Views: 0
ORDER ON MOTION TRUSTEE FOR PARTIAL SUMMARY JUDGMENT AGAINST M. DAVID BURNS, TRUSTEE FOR THE EVERGREEN TRUST AND JAMES LEASING CO., INC. This is a converted Chapter 7 liquidation ease and the matter under consideration is a fourteen-count Amended Complaint filed by Stephen L. Meininger, Trustee (Trustee) against the Debtor, several members of his family, and various entities in which the Debtor o...
Views: 0
ORDER ON MOTION TO VACATE ORDER GRANTING DEBTORS’ MOTION TO MODIFY CONFIRMED PLAN THIS IS a confirmed Chapter 11 reorganization case and the matter under consideration is a Motion to Vacate Order which granted the Debtor’s Motion to Modify the confirmed Plan of Reorganization. The Motion is filed by Waterford South, Inc. (Waterford) who contends that this Court exceeded its jurisdiction by enterin...
Views: 0
MEMORANDUM OPINION ON THE MOBIL DEFENDANTS’ MOTION TO DISMISS COUNT II OF DEBTOR’S COMPLAINT Plaintiff Barton Chemical Corporation (“Barton”) is debtor-in-possession of its ongoing business in the related bankruptcy proceeding that it filed under Chapter 11 of the Bankruptcy Code, Title 11 U.S.C. It filed this two-count Amended Adversary Complaint against Mobil Petrochemical Sales and Supply Corp...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS is a Chapter 7 liquidation case and the matter under consideration is a Complaint filed by Kenneth I. Strickland (Debtor) against John Hugh Shannon, P.A. and Lauren J. Strickland (Defendants) in the above captioned adversary proceeding. In this one-count Complaint the Debtor seeks a determination that the debt due and owing by the Debtors to the D...
Views: 0
MEMORANDUM OPINION The Debtor, SRJ Enterprises, Inc., sold all of its automobile dealership assets free and clear of all liens, with any valid liens attaching to the sale proceeds. Part of the sale proceeds included $177,569.88 for “parts”. Success National Bank of Lin-colnshire filed a motion for partial summary judgment to declare its security interest in the parts proceeds superior to all ot...
Views: 4
ORDER ON MOTION FOR SUMMARY JUDGMENT This is a converted Chapter 7 liquidation case and the matter under consideration is a seven count Complaint filed by International Paper, et. al. (Plaintiffs) against the Debtor, seeking to deny the Debtor his discharge pursuant to § 727(a)(2)(A), (a)(2)(B), (a)(3), and (a)(4)(A) of the Bankruptcy Code, and seeking a determination by this Court that the debt o...
Views: 0
MEMORANDUM OPINION The matter before the court involves Trustee’s effort to revoke the discharge of Debtor on the basis that it was granted due to fraudulent concealment of estate property. The relevant facts are undisputed. The parties have submitted the matter for resolution on the pleadings, briefs, oral argument, and deposition transcript of the Debtor, George Hendrickson, dated June 4, 199...
Views: 0
OPINION Introduction H.K. Porter Company (“Debtor” or “Porter”) filed its voluntary Petition under Chapter 11 of the Bankruptcy Code on February 15, 1991 (the “Filing Date”). Porter ceased its business operations prior to the bankruptcy filing. The avowed purpose of the bankruptcy was to stay the flood of asbestos-related personal injury and property damage lawsuits against Porter to enable...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matters under consideration are the dischargeability, vel non, of a debt admittedly due and owing by Edward Lee McCubbin (Debtor) to Chevy Chase Savings Bank, N.A. (Chevy Chase), and Citibank, F.S.B. (Citibank) (collectively, Plaintiffs). Chevy Chase and Citibank have each brought a single c...
Views: 1
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is a Complaint to avoid certain payments by the Debtor as preferential transfers pursuant to § 547(b) of the Bankruptcy Code. The one-count complaint against Pen Air Conditioning, Inc., (Defendant) was originally filed by Winsco Builders, Inc. (Debtor). Subsequently, because the Chapter 11...
Views: 0
ORDER AND MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEBTOR’S VERIFIED MOTION TO AVOID LIEN Debtor seeks an order under § 522(f)(2)(A) of the Bankruptcy Code *694 avoiding a lien against certain household goods including a stereo system that was originally financed by a purchase money security agreement. The security interest is held by Norwest Financial Florida,...
Views: 0
MEMORANDUM OPINION This matter is before the Court on a motion by Wilson Lee and Minnie Dawn Osborne (“Debtors”) to avoid a judgment lien in favor of Dominion Bank, N.A. (“Creditors”). At the Court’s direction, the *189 parties filed a Stipulation of Facts and their respective authorities on the question of lien avoidance, after which the Court took the matter under advisemen...
Views: 1
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS is a yet-to-be confirmed Chapter 11 case, and the matter under consideration is a Second Amended Complaint filed by Daddy’s Money of Clearwater, Inc. (Debtor) against Robert A. Winick, Joel Aresty and Kelly Drye & Warren (Defendants). The Second Amended Complaint contains four counts: in Count I, the Debtor seeks to avoid the payment of $180,805.0...
Views: 0
MEMORANDUM OPINION This matter comes before the Court upon the motion for sanctions for willful viola *383 tion of the automatic stay filed by United States Abatement Corporation (“USA” or “debtor”). USA requests sanctions against Mobil Exploration & Producing U.S., Inc. (“Mobil”), and its attorneys of record, James McMichael and the law firm of Lis-kow & Lewis, for willfully...
Views: 1
MEMORANDUM OF DECISION John F. Znider and Janet Znider (“Debtors”) claim that 11 U.S.C. § 545(2) of the Bankruptcy Code (“Code”) permits a debt- or-in-possession, as a hypothetical bona fide purchaser in a Chapter 11 proceeding, to avoid federal tax liens as to property enumerated in 26 U.S.C. §§ 6323(b)(1) and (b)(2) of the Internal Revenue Code (“IRC”). I. STATEMENT OF FACTS T...
Views: 0
OPINION Roger Wyciskalla (debtor) filed a petition for relief under chapter 7 of the Bankruptcy Code on August 21, 1989. An Order discharging the debtor from all dischargea-ble debts was entered on November 27, 1989, and the case was closed on November 29, 1989. On April 7, 1993, the debtor filed a motion, pro se, to “repeal” his bankruptcy case. The crux of the debtor’s motion a...
Views: 0
MEMORANDUM OPINION On September 21, 1992, this matter came before the Court as a hearing on the motion of defendant Robert A. Trevisani (“Trevisani”) for summary judgment and on cross-motion of Plaintiff/Intervenor, Department of Energy (“DOE”) for partial summary judgment. The last post-hearing memoranda was filed, and the matter was taken under advisement on October 9,1992. Considering the stat...
Views: 0
MEMORANDUM The issue raised in both of the within Motions is whether the Chapter 13 Trustee is permitted to file a proof of claim on behalf of a creditor under 11 U.S.C. § 501(c) and Fed.R.Bankr.P. 3004 prior to the first date set for the 11 U.S.C. § 341 meeting of creditors. The Chapter 13 Trustee routinely files claims for municipalities in the same amount and status as listed by the debtors in ...
Views: 0
MEMORANDUM OPINION Before the court is a motion by Integra Bank/Pittsburgh (“Integra”) requesting relief from the automatic stay. Integra argues that the stay should be lifted to permit them to exercise their common law right to set off against bank accounts of *475 Vincent F. Petraglia (“debtor”) and Elizabeth Petraglia, his wife. Debtor contends that Integra has no rig...
Views: 0
MEMORANDUM OPINION Plaintiffs Terrence Seiler and Karen Bray seek a determination that a debt owed to them by debtor/defendant Daniel J. Farley is not dischargeable pursuant to 11 *488 U.S.C. § 523(a)(2)(A) and/or 11 U.S.C. § 523(a)(4). Debtor denies that these provisions of the Bankruptcy Code affect the discharge-ability of the debt. Judgment will be entered in favor of debtor and aga...
Views: 1
MEMORANDUM OPINION Pursuant to Bankruptcy Rule 7052, the following are the Court’s Findings of Fact and Conclusions of Law in connection with the trial held in the above-referenced adversary proceeding on February 26, 1993. This case addresses whether a state court judgment against debtor Gene M. Barrett (“Defendant” or “Barrett”), for conversion of collected insurance premiums totall...
Views: 1
ORDER The matter before the Court is the motion of Milford Supply Company (“Milford”) for allowance and payment of an administrative expense claim and the objections thereto. The facts are essentially undisputed. The Debtor, Roy Gooden Plumbing and Sewer Company, Incorporated, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on September 28, 1990. By an O...
Views: 1
ORDER On July 13, 1993, Alphonso Harris filed several documents with the United States Bankruptcy Court for the Eastern District *815of Missouri. The documents refer to several bankruptcy cases that may be pending before the Bankruptcy Court in Minneapolis, Minnesota. The Debtor is described in these documents as M.E.I. Diversified, Inc. (et. al.). Other than these referenced documents filed this ...
Views: 0
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This dispute arises over the conflicting claims of priority of security interests in certain property belonging to debtor’s estate. The issues are of first impression before this court and concern whether a financing statement filed by plaintiff under debtor’s trade name is effective notice filing, and whether the search for financing...
Views: 0
DECISION ON DEBTOR’S MOTION TO EXPUNGE CLAIM FILED BY AN-FRANK METAL FABRICATING INDUSTRIES, INC. This contested matter comes before the Court upon the Debtor’s objection to the claim filed by Anfrank Metal Fabricating Industries, Inc. (“Creditor”) against the estate for services rendered and materials furnished as subcontractor to the Debtor pursuant to the Debtor’s general contract with...
Views: 0
MEMORANDUM OF DECISION This Court must decide whether to dismiss this involuntary bankruptcy petition for failure of the requisite number of petitioners to file the petition in accordance with 11 U.S.C. § 303. The simple, uncontested facts are taken from the parties’ joint stipulation and the record of this case. Dragon Products Company (“Petitioner”) filed this involuntary Chapter 7 petition p...
Views: 0
MEMORANDUM I. INTRODUCTION The matter before this Court arises from this Court’s issuance of an Order to Show Cause why one of two pending cases filed by the above-named Debtor should not be dismissed. David A. Hodurski (the “Debt- or”) first filed á Chapter 7 petition on January 20, 1993. Before entry of a Chapter 7 discharge, the Debtor, on March 23, 1993, filed a Chapter 13 petition. The C...
Views: 0
MEMORANDUM I. INTRODUCTION The matter before the Court is the objection filed by Shawmut Bank, N.A. (“Shaw-mut” or the “Bank”) to the Debtor’s proposed Chapter 13 plan. The issue raised by the objection is whether the exception set forth in 11 U.S.C. § 1322(b)(2) applies to a claim secured only by a security interest in the Debtor’s principal residence at the time of filing, but which had bee...
Views: 1
MEMORANDUM ON APPLICATION FOR AUTHORITY TO EMPLOY HALE AND DORR AS COUNSEL TO THE DEBTOR I. FACTS The Debtor, Lincoln North Associates Limited Partnership (the “Debtor”), owns all of the beneficial interest in Old Bedford Road Realty Trust (the “Trust”), a Massachusetts nominee realty trust that owns an office building known as Lincoln North (the “Lincoln North property”). The genera...
Views: 1
ORDER ON PLAINTIFF’S MOTION FOR SUMMARY FINAL JUDGMENT THIS CAUSE came on for hearing upon Plaintiff’s Motion for Summary Final Judgment. The Court, having reviewed the Motion and the record and having heard the argument of counsel, finds the undisputed facts as follows: On June 14, 1988, Plaintiff and Debt- or/Defendant obtained a Final Judgment of Dissolution, ending their marriage of 16 ye...
Views: 1
DECISION ON CLAIM FILED AFTER BAR DATE BY CREDITOR WITHOUT NOTICE This is a Chapter 11 ease in which the Official Committee of Unsecured Creditors (the “Committee”) has been authorized by the Court to prosecute actions in lieu of the Debtor, and on behalf of all creditors. The Committee has brought on the instant objection to two proofs of claim 1 filed on or about August 10, 1...
Views: 0
MEMORANDUM AND ORDER ON MOTION FOR DETERMINATION OF SECURED STATUS UNDER 11 U.S.C. § 506(a) On July 6, 1992, the chapter 13 debtors filed the instant motion under 11 U.S.C.A. § 506(a) (West 1993) to determine the value of their 1988 Chevrolet S-10 Blazer which is collateral for a claim held by General *367 Motors Acceptance Corporation (“GMAC”). See Rule 3012 Fed.R.Bankr.P. For the reasons ...
Views: 0
OPINION A. INTRODUCTION The issue instantly presented to this court for resolution in the above-captioned adversary proceeding is whether Defendant F. EMMET CICCONE (“Ciccone”) has preserved his right to a jury trial in light of his filing, inter alia, a Counterclaim in .response to the Counts in the Complaint of ROBERT E. SHIELDS, TRUSTEE (“the Trustee”), seeking reli...
Views: 2
OPINION REGARDING MICHIGAN EXECUTION STATUTE I. FACTS On March 20, 1987, the Eaton County Circuit Court in Michigan entered a judg*787ment of divorce for Denise Thelen Cushion (“Cushion”) and James Thelen (“Thelen”). In January of 1992, Cushion filed a lawsuit against Thelen in the Eaton County Circuit Court seeking a monetary judgment for sums arising out of the divorce judgment. Thelen was serve...
Views: 0
MEMORANDUM OPINION This case presents the issue of whether, a creditor may levy against property transferred in a bulk sale when the bulk sale has been conducted in violation of U.C.C. Article 6 but the proceeds of the sale have been paid to the bankruptcy trustee for the benefit of creditors. FACTS Debtors operated a propane gas business under the name of Twin Lakes Propane which was a retail ...
Views: 0
AMENDED OPINION United California Savings Bank, formerly known as Anaheim Savings & Loan Association, appeals an order of the bankruptcy court confirming the Chapter 13 plan of the debtor Dannette M. Martin. We affirm. STATEMENT OF THE FACTS On January 29, 1991 the debtor, Dan-nette Martin, executed and delivered a promissory note to Liberty Federal Service Corporation f...
Views: 1
MEMORANDUM MITCHELL W. MILLER, ESQUIRE (“the Trustee”), appointed as Trustee of CS ASSOCIATES (“the Debtor”) upon the conversion of this case, filed as a voluntary Chapter 11 bankruptcy case on August 15, 1988, to a Chapter 7 case on April 25, 1990, commenced the instant proceeding on June 8, 1993, against EUGENE SPITZ, M.D. and RAYMOND SILK, M.D. (“the Defendants”), two of three general ...
Views: 1
REASONS-FOR ORDER Mobil Exploration & Producing U.S. Inc., Mobil Exploration & Producing Southeast Inc., Mobil Exploration & Producing North America Inc., Liskow & Lewis, and James McMichael (collectively “Mobil”) move the Court to reconsider the Order of Contempt issued on February 5, 1993, 150 B.R. 381. United States Abatement Corp. (“USA”) opposes the motion. Following oral argumen...
Views: 0
OPINION Debtors appeal money judgments based on final fee awards. The judgments were entered after the bankruptcy case was dismissed and while an appeal from one of the fee awards is pending before the Ninth Circuit. For the reasons set forth below, we AFFIRM. FACTS AND PROCEEDINGS BELOW The bankruptcy case below arose out of the debtors’ attempt to preserve ownership of inc...
Views: 0
*876 DECISION GRANTING ARAB BANKING CORPORATION SUMMARY JUDGMENT AGAINST THE TRUSTEE AND THE DEBTOR AND PARTIALLY VACATING PROVISIONAL DECISION This decision holds that neither the trustee, Daniel E. Leach, nor the debtor-interve-nor, Alcom America Corporation, have alleged any facts which, if proven, would preclude granting summary judgment in favor of Arab Banking Corporation (...
Views: 0
MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT Before the Court is the motion of the United States of America, Internal Revenue Service (“Defendant”) for Summary Judgment, and responses thereto. This adversary proceeding was instituted by plaintiffs seeking to determine the extent of the IRS lien against the homestead and judgment discharging a portion of the tax lien pursuant to...
Views: 0
MEMORANDUM AND ORDER This matter arises by Complaint filed January 28, 1993, by which First Bank System’s N.A. (First Bank) seeks a determination of the dischargeability of a loan made to the Debtor, John C.E. Foley, through a credit line account. 1 The Complaint is premised upon sections 523(a)(2)(A), (B) and (C) of the Bankruptcy Code. Trial was held on May 26, 1993, and from the evidence...
Views: 1
*774 MEMORANDUM OPINION This matter comes before the Court upon the complaint to avoid lien, for determination of secured status, and for declaratory judgment filed by the trustee, Wayne C. Ducote (“Trustee”). The Trustee alleges a federal tax lien filed against the debtor on May 13, 1988 should be: (a) avoided due to lack of due and proper notice to the taxpayer; (b) avoided...
Views: 2
MEMORANDUM OPINION In this adversary proceeding the trustee seeks to avoid as a preferential transfer the defendant’s security interest in the debtors’ motor vehicle. The parties stipulated to the facts. The debtors filed their Chapter 13 petition on December 10, 1991. On October 19, 1991, within the 90 day preference period, debtor, Shelley Fox-Loken, purchased a car from the defend...
Views: 1
MEMORANDUM OF DECISION P & G Drywall and Acoustical Corp. (the “Debtor”) filed its bankruptcy case on July 19, 1990 pursuant to 11 U.S.C. Chapter 7. Nearly three years later on January 20, 1993, the Chapter 7 Trustee (“Plaintiff”) filed this adversary proceeding against Consolidated Constructors & Builders (“Defendant”). The two count complaint seeks to collect monies allegedly due th...
Views: 0
DECISION AND ORDER ON SUMMARY JUDGMENT I.HISTORY In October of 1985 the Defendant/Debt- or, Professional Investment Properties of America, Inc. (“PIP”) borrowed $50,000 from Plaintiffs Robert and Grace Briggs, giving a note and deed of trust on real property. No one recorded the deed of trust. PIP had financial problems, and in May of 1986 the Briggs filed an Involuntary Petition tog...
Views: 0
MEMORANDUM OPINION The plaintiff trustee and the defendant, the First Interstate Bank of Oregon (hereinafter FIOR), have filed cross motions for partial summary judgment asking the court to decide whether the execution by Thomas Peterson and Gloria Peterson, insiders of the debtor, of a guarantee, which includes their waiver of certain rights, removes the attacked transfers from the one y...
Views: 0
MEMORANDUM OPINION AND ORDER This is the Court’s decision on the Motion to Abstain and To Remand to State Court or in the Alternative for Change of Venue filed by Marlyn Allen, et al (Movants or Allen Group). Background The Allen Group is a group of 40, or more 1 , former Frontier Airlines’ employees who in October, 1988 filed a civil action in the District Court for the City and Co...
Views: 0
This case asks whether the fact that monies were provided by a Chapter 7 Debt- or’s former Mother-in-Law for the construction of the Debtor’s marital residence, or the fact that the building contractor who built the residence remains partially unpaid, entitles either the Mother-in-law or the contractor to a constructive trust or equitable lien upon the debtor’s interest in the residence. The form...
Views: 0
MEMORANDUM OPINION Debtors object to the proof of claim of Helen Tant’s former husband, Joseph Francis, and Mr. Francis objects to the confirmation of debtors Chapter 13 plan for its failure to address his claim. This is a core proceeding under 28 U.S.C. § 157(b)(2)(B) and (L) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons se...
Views: 0
AMENDED MEMORANDUM OPINION An involuntary Chapter 11 petition was filed against this debtor on May 4, 1993. The debtor controverted this petition pursuant to 11 U.S.C. § 303(h) on May 28, 1993. A hearing was held on June 18, 1993. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (O) over which the Court *640 has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1...
Views: 0
ORDER On February 20, 1990, Mel-Hart Products, Inc. (the debtor), filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. On June 28, 1990, the case was converted to Chapter 7 and M. Randy Rice, Esq., was appointed trustee. Sunmark Holding Company, Inc. (Sunmark), timely filed a claim for $36,944.41 asserting that the claim was a third pr...
Views: 0
ORDER On January 26, 1990, National Transport Services, Inc., d/b/a Hi-Way Express, Inc., (the debtor) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. On October 30, 1990, the case was converted to a Chapter 7 proceeding and James F. Dowden (trustee) was appointed trustee. On October 27, 1992, the trustee filed this adversary proceeding pursuant to 11 U....
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER FOR JUDGMENT The above-entitled matter came on for trial before the undersigned on the 10th day of May, 1993. Appearances were as follows: Richard Williams, Jr. for the plaintiff; and Joseph Dicker and David Ames-bury for the defendant. *812 FINDINGS OF FACT 1. The plaintiff, Lana Dorer (“Dorer”), was an employee of Metropolitan Reconstructi...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on before the Court upon the Plaintiffs Complaint to Determine Dischargeability of Debt. Plaintiff asserts the Defendant willfully and maliciously injured Plaintiff, and/or the property of Plaintiff, and therefore the debt should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(6). Based upon the stipulated facts and memoran...
Views: 0
MEMORANDUM ORDER CONFIRMING CHAPTER 13 PLAN The above-entitled matter came on for hearing before the undersigned on the 6th day of May, 1993, on confirmation of the debtors’ chapter 13 plan. Appearances were as follows: Gregory Wald for the debtors, and Stephen Creasey for the chapter 13 trustee. STATEMENT OF FACTS The debtors filed this chapter 13 petition on March 22, 1993. The debtors pr...
Views: 0
ORDER GRANTING DEFENDANTS’ MOTION FOR SANCTIONS THIS CAUSE was heard by the Court on the motion of the Defendants, Florida Department of Banking and Finance and Gerald A. Lewis, for sanctions against the Debtor and its counsel pursuant to Bankruptcy Rule 9011. On review and consideration of the oral and written legal arguments of counsel, the Court concludes that the Debtor’s filing o...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE was heard before the Court on the objection of Harry Sanders, a debtor-in-possession (the “Debtor”), to the claim of the United States relating to the non-payment of federal diesel fuel excise taxes. For the reasons stated herein, the Court grants, in part, and denies, in part, the debtor’s objection to claim. At issue in this objection to claim...
Views: 0
REASONS FOR ORDER The motion of Yorkshire Partnership, Ltd. (“Yorkshire”) for appointment of a trustee, for limitations on operations of estate property, and for an accounting of property of the estate 1 came before the Court, along with several other matters, on May 19, May 21, and June 21 through June 24, 1993. (PI. 84). The Court took the motion under advisement, and permitted the partie...
Views: 0
MEMORANDUM OPINION On January 20, 1989, Leonard Rolfe Kue-bler and Laura Lee Kuebler (the debtors) filed a voluntary petition for relief under the provisions of Chapter 13 of the United States Bankruptcy Code. On April 1, 1992, the debtors brought this adversary proceeding to determine the dischargeability of a debt owed to the Internal Revenue Service (IRS). 1 The proceeding before the Cou...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the motion of the defendant, James H. *762 Marx, Jr., to file a late notice of appeal. By order entered April 22, 1993, the Court allowed the trustee to recover from the defendant certain fraudulent conveyances, a preferential transfer, and unauthorized post-petition transfers. The defendant missed by one day the deadli...
Views: 1
ORDER REQUIRING ADDITIONAL NOTICE TO CREDITORS DISCHARGED IN PRIOR CHAPTER 7 CASE AND REQUIRING EXAMINATION OF ATTORNEYS FEES This Chapter 13 case came on for hearing on July 6, 1993, of an unrelated motion. At the hearing, it became apparent that this case presents a stark example of a developing and disturbing trend toward “Chapter 20” serial bankruptcy filings. The court will therefore requi...
Views: 1
MEMORANDUM DECISION This matter comes before the Court on the cross-motions for summary judgment filed by the United States of America and the State of Illinois. The debtor, W.F. Monroe Cigar Co., filed an interpleader action. In the motion for summary judgment, the United States of America (Department of the Treasury, Internal Revenue Service) contends it has a prior perfected security interest ...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the motion of Timothy R. Carter (the “debt- or”) filed April 19, 1993, to reopen his Chapter 7 case under 11 U.S.C. § 350(b) of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the “Code”). The debtor moves this Court to enjoin collection of a equitable distribution award arising out of the Final Decree of Divorce of the Circuit Court of t...
Views: 0
MEMORANDUM OPINION The chapter 11 debtor, Polysat, Inc., has filed an adversary proceeding seeking in-junctive relief against the defendant, Union Tank Car Company (hereinafter “UTCC”). The debtor contends that the discharge injunction found in 11 U.S.C. § 524, which arose by confirmation of the debtor’s plan under section 1141(d), bars UTCC from proceeding with litigation it commenced ag...
Views: 1
MEMORANDUM OPINION 1. INTRODUCTION These adversary proceedings involve the procedural residue left by the Supreme Court’s recent decision in Reiter v. Cooper, — U.S. -, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), holding that shippers’ unreasonable rate claims made in response to bankruptcy trustees’ attempts to collect unpaid filed tariffs are in the nature of recoupment, subject to ordinary...
Views: 0
DECISION ON MOTION TO DISMISS COMPLAINT Jerome and Carole Jacone, the debtors, have moved under Federal Rule of Civil Procedure 12(c) and Federal Rule of Bankruptcy Procedure 7012 to dismiss the complaint in the adversary proceeding commenced by creditors Caesar and Ann DeRo-sa (the “DeRosas”) to declare the nondis-chargeability of their claim pursuant to 11 U.S.C. §§ 523(a)(2) and (4) or, in t...
Views: 0
MEMORANDUM OPINION The three matters before this court are: 1) a motion to allow a late claim filed by Phyllis Jaskey Jones, et al. (“Plaintiffs”), against Allegheny International, Inc., et al., (“AI”); 2) an adversary complaint filed by the Plaintiffs requesting the court declare their claims against AI were not discharged; and 3) a counterclaim filed by Chemetron Corporation (“Chemetron...
Views: 1
DECISION ON MOTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT In the present adversary proceeding commenced by the Chapter 7 trustee for turnover and for violation of the automatic stay, the defendant Hudson Realty Company (“Hudson”), the mortgagee of the debt- or’s sole asset, has moved for summary judgment to dismiss the Amended Complaint pursuant to Federal Rule of Bankruptcy Procedure 705...
Views: 0
*737 DECISION ON OBJECTION TO DISCHARGEABILITY OF DEBT George Konefal (“Konefal”) has objected to the dischargeability of the debtor’s obligation to him pursuant to 11 U.S.C. § 523(a)(6) on the ground that the claim arose as the result of the debtor’s willful and malicious conduct. Specifically, the plaintiff alleges that his claim against the debtor was incurred through the debt...
Views: 1
MEMORANDUM OF OPINION AND ORDER This matter came before the Court for a hearing on confirmation of the Debtor’s Second Amended Plan (Plan). The Internal Revenue Service has withdrawn its objection and no other objections have been filed. The Plan contains several deficiencies, noted below, and is disapproved. The Plan contains a waiver of claims of the estate. Specifically, the Debt- or/Debto...
Views: 1
MEMORANDUM OF OPINION AND ORDER In this Chapter 7 proceeding, the case trustee, Joel H. Rathbone, (the Trustee), seeks to avoid certain prepetition and post-petition transfers of real property and further seeks to sell the same property once avoided. The dispositive issues before the Court are (1) whether the subject real property transfers are avoidable postpetition transfers in vie...
Views: 0
MEMORANDUM OF OPINION AND ORDER This case came on for an evidentiary hearing on the United States Trustee’s (UST) motion to dismiss. The UST moved for dismissal on the bases that primarily all of the Debtor’s debts are consumer debts and that the granting of relief would be a substantial abuse of the provisions of this chapter. 11 U.S.C. § 707(b). The Debtor is a married woman who has been se...
Views: 1
MEMORANDUM OF OPINION AND ORDER In this proceeding, the Court must determine whether an international commercial dispute should be submitted to arbitration or adjudicated in the Bankruptcy Court. Following a hearing on the motion of Defendant Environmental Products Amalgamated Pty., Ltd. (EPAP) to compel arbitration, the following findings of fact and conclusions of law are herein mad...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter is before the Court on American Security Insurance Service, Inc.’s (ASIS) complaint for declaratory judgment as to dischargeability and for relief from stay to proceed in state court. ASIS is seeking to collect insurance premiums the *19 Debtors owe to it. Following a trial thereon, the following findings of fact and conclusions of ...
Views: 2
MEMORANDUM OF OPINION AND ORDER I. In this involuntary Chapter 7 ease, Plaintiff, Industrial Plants Corporation (IPC) seeks to compel performance on a contract. An order for relief was entered on March 26, 1992. During the period between the filing of the involuntary petition and the Court’s entry of an Order for Relief (the Gap Period), a quantity of steel product (110 tons of galvalume steel) wa...
Views: 0
MEMORANDUM OPINION Page No. I. CASE HISTORY .’.363 II. FACTUAL SUMMARY. ^ CO A. The District Court’s Decision LO ZD CO III. DISCUSSION. A. Parties’ Contentions. B. Burden of Proof. iOCDt* ZD ZD ZD CO CO CO *363 Page No. C. Remediation: The New York Oil Spill Act.368 1. Private Right of Action.368 2. Statute of Limi...
Views: 0
DECISION This is an adversary proceeding in which the plaintiff, Robert J. Musso, Esq., as the Chapter 7 Trustee (the “Trustee”), seeks the turnover of monies held in a joint account of Royal Business School, Inc. (the “Debtor”) and New York State Higher Education Services Corporation (“NYSH-ESC”) pursuant to 11 U.S.C. §§ 541 1 and 542 2 . This matter comes ...
Views: 0
ORDER GRANTING “MOTION FOR SUMMARY JUDGMENT”AND STRIKING TRIAL Plaintiff Carmen Haas (“Haas”) brought her complaint commencing this adversary proceeding against defendant Thomas V. Huddleston (“Huddleston”), seeking exception to discharge under 11 U.S.C. § 523(a)(6). That statute excepts from discharge “any debt ... for willful and malicious injury by the debtor to another entity ...” On July 16...
Views: 0
ORDER Heard on July 1, 1993 on Northeast Savings Bank’s Objection to Confirmation of Debtor’s Chapter 13 Plan. Northeast argues that the plan proposes an impermissible modification of its security interest in the Debtor’s principal residence, in violation of 11 U.S.C. § 1322(b)(2) and therefore, confirmation must be denied. On April 4, 1986, Columbian Credit Union, Northeast’s predecessor-i...
Views: 0
*47 DECISION AND ORDER Heard on November 3, 1992 on the Motion of secured creditor Henry A. Rossi for Relief from Stay, pursuant to 11 U.S.C. § 362, and the Objection of Debtors Charles and Gail Walsh. The ground for the Debtors’ objection, and the central issue at trial, was whether the mortgage loan in question violates the Rhode Island Secondary Mortgage Loan Act, R.I.Gen. Laws §§ 19-25.2-1 e...
Views: 0
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on the Motion for Summary Judgment filed on September 28,1990, by the Debtors, Harold and Elizabeth Kemmerer (“the Movants”). The Court now grants the motion on the following findings of fact and conclusions of law. Findings of Fact The Plaintiffs, Timothy Morton and his parents, initiated this adversary proce...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding was tried before the Court on March 15 and 16, 1993, consolidated with adversary case numbers 92-1071 through 92-1075-BKC-RAM-A for the purpose of resolving common issues relating to Plaintiff’s avoidance claims under 11 U.S.C. §§ 547 and 548. On March 19, 1993 this court entered Consolidated Findings of Fact and Conclu...
Views: 0
DECISION AND ORDER DENYING DISCHARGE AND REFERENCE TO UNITED STATES ATTORNEY Heard on Creditor Mary Riggs’ Complaint Objecting to the Discharge of Anthony Cross, pursuant to 11 U.S.C. § 727. Riggs alleges that Cross concealed assets through a non-profit corporation called Sail America, Inc., and that he filed false bankruptcy schedules by intentionally failing to disclose assets, income, and bu...
Views: 0
MEMORANDUM OF DECISION On June 28, 1993, this court denied a motion seeking an extension of the time within which to file objections to discharge and dischargeability complaints. The aggrieved creditors have moved for reconsideration. For the reasons set forth below, the motion for reconsideration must be denied. FACTS 1 Gary H. Gray, f/d/b/a Foresite Construction (“...
Views: 1
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, IN PART This adversary proceeding came on before the Court on January 19, 1993, for hearing on the Plaintiff’s motion for summary judgment. The Plaintiff appeared by her attorney, William R. Skolnick. The Defendant appeared by his attorneys, Jeffrey S. Ronbeck and Gary A. Flatten. Upon the moving and responsive documents, the pre- and post...
Views: 0
OPINION At issue in this case is whether a mobile home placed on the debtor’s real estate after it was sold for taxes became part of the real estate conveyed to the tax purchaser. A secured creditor who financed the debtor’s purchase of the mobile home, contends that the tax purchaser gained no interest in the mobile home because it was personal property and was not on the debt- or’s real...
Views: 0
OPINION This is a fraudulent transfer action brought by the debtor in possession, Stevens Linen Associates, Inc. (“Stevens”), seeking to avoid transfers made and obligations incurred in connection with a 1988 leveraged buyout of all its outstanding capital stock. The defendants are Hugh W. Crawford, Jr. (“Crawford”), who held most of the stock sold, and Glenfed Financial Corporation (“Gle...
Views: 0
Trustee brought 1 this adversary proceeding to determine whether FDIC’s claim against Paul Hawkins (“Debtor”) is secured. Trustee argues that FDIC is unsecured because the note on which its claim is based, purportedly secured under a future advances clause in a prior mortgage, is signed only by Debtor, while the mortgage was originally executed by Debtor and his former spouse as husb...
Views: 0
*183 MEMORANDUM OPINION This adversary proceeding comes before the court on defendant’s motion to disqualify counsel for plaintiff, Hazel & Thomas (“H & T”). Defendant alleges she is a former client of H & T and that Disciplinary Rule 5-105(D) of the Virginia Code of Professional Responsibility requires H & T to withdraw as counsel for plaintiff. Hearing was held on defendan...
Views: 0
ORDER OVERRULING OBJECTION TO HOMESTEAD EXEMPTION Prior to bankruptcy, a deed of trust holder foreclosed on the debtor’s home. The debtors took the position that the foreclosure procedure was defective, and brought suit to invalidate the sale. As a settlement of the suit, the parties agreed that the debtors would have a specified amount of time to sell the property; if they were successful, the...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT, ETC. Plaintiff seeks a declaratory judgment that the debtor, The Beverly Corporation (“Beverly”), does not have a security interest in certain securities issued by Corporate Technology Information Services, Inc. (“Corp-Tech”). Defendant is the Chapter 7 trustee of Beverly. He counterclaimed against Corp-Tech, which is not a party to this litigation, seeking...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT Before the court is an adversary proceeding filed by plaintiff Bank One against Charles B. and Mary Dettwiller, joint debtors in a related Chapter 11 bankruptcy case (hereafter “debtors”), and Kubota Tractor Company (“Kubota”), debtors and Kubota being co-defendants. Plaintiff asserts in its complaint that its purchase money security interest in a t...
Views: 0
MEMORANDUM OF DECISION ON VALIDITY OF TAX SALE This matter1 is before us on Bank’s Motion for Judgment on the Pleadings in regard to Count I of Bank’s Complaint for Declaratory Judgment and Recovery of Property. The motion arises out of discussions among the parties and the Court at the June 14, 1993 hearing on Brentwood’s Motion to Dismiss Count II of the Com*85plaint, which we denied. Because t...
Views: 0
Introduction AT & T Universal Card Services Corp. (“AT & T”) brought this matter on by objecting to the confirmation of the Debtors’ Chapter 13 plan. Confirmation is denied without prejudice to the filing of an amended plan. A nominal payment plan is not proposed in “good faith” when it ignores current evidence of increased self-employment earnings and puts an objecting creditor t...
Views: 0
MEMORANDUM DECISION ON DEFENDANTS’ MOTIONS TO DISMISS PROCEDURAL HISTORY On February 10, 1993, four limited partners of Belle Isle Limited Partnership (“BI”), Richard Bane, William McMillan, Anthony Triglione, and Arthur Triglione (collectively, the “Plaintiffs” or “ILPs”) commenced these proceedings against the three general partners of BI, Edward Le-Roux, Jr. (“LeRoux”), Albert Cur...
Views: 2
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The instant contested matter is before the Court by way of an objection filed by the creditor Patrick Connelly (“Connelly”) to the exemption claimed by Maureen D. Abbata (“Debtor”) in the interest awarded her in her former husband’s (“Husband”) employer sponsored 401(k) savings plan account. The Court heard oral argu...
Views: 0
OPINION The Chapter 12 standing trustee and the United States Trustee have filed objections to confirmation of the debtors’ Chapter 12 plan because it fails to provide for payment of the standing trustee’s fee set pursuant to 28 U.S.C. § 586(e)(1)(B). The plan of debtors, Carl and Jane Marriott, provides for all plan payments to be made through the Chapter 12 trustee and further provides for ...
Views: 0
*660 MEMORANDUM DECISION ON OBJECTION TO CLAIM OF MADERA COUNTY FEDERAL CREDIT UNION Debtor has objected to the claim of Ma-dera County Federal Credit Union (“claimant”) which was filed as a secured claim for $15,000.00 and an unsecured claim for $6,496.00. Debtor’s objection asserts that the secured portion of the claim should be $7,600.00, on the ground that such amount represents the value...
Views: 1
DECISION Carver Boat Corporation (“Carver”), the debtor in the above chapter 11 case, has objected to claim no. 644 of Keith Nelson (“Nelson”). In his claim, Nelson, who was laid off by Carver but later recalled to employment, seeks reinstatement of his claimed seniority rights under a purported contract with Carver. Carver asserts that there never was any employment contract and that Nelson had n...
Views: 0
OPINION A. INTRODUCTION The instant objections of a creditor to confirmation of the Debtors’ Chapter 11 Plan cause us to consider the validity of that creditor’s two separate alleged security interests arising out of two separate rather convoluted transactions. As to one transaction, we conclude that a post-petition agreement giving a priority to the interest of another credi...
Views: 0
MEMORANDUM OF DECISION Presently before this Court is the final application by Stephen C. Chute, Esq. (“Applicant”) for compensation and reimbursement of expenses (the “Final Application”). Applicant acted as attorney for the Debtor, Quality Respiratory Care, Inc. (“QRC”), throughout its previous Chapter 11 case, which was ultimately dismissed and thereafter closed on October 21, 1992...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the motion of Doris Gunn (“Gunn”) and Wesav Mortgage Corp. (“Wesav”) for summary judgment pursuant to Federal Rule of Civil Procedure 56, incorporated by ref *1001 erence in Federal Rule of Bankruptcy Procedure 7056 and on the cross-motion of Leonard M. Groupe, the trustee (the “Trustee”) for summary judgment. For the r...
Views: 0
MEMORANDUM OF DECISION This case is before the court on remand for further proceedings from the United States District Court for the Northern District of Ohio. In October, 1986, the Disposition Assets Trustees (Trustees) objected to claims filed by the Internal Revenue Service (IRS) for certain excise taxes. This court agreed with the Trustees, held that the IRS’ claims were penalties, subordinat...
Views: 0
OPINION AND ORDER While a complex case relative to both facts and the law, a single issue arises and is dispositive and we should not borrow legal issues as some do thereby turning another tree into another published legal volume. 1 Here we have the threshold jurisdiction Chapter 13 issue of 11 U.S.C. 109(e): do the unsecured debts total $100,000 or more? Why an opinion, then, at all? The a...
Views: 1
ORDER ON THE CITY OF BALCH SPRINGS’ MOTION FOR PAYMENT OF ADMINISTRATIVE EXPENSES T & T Roofing and Sheet Metal, Inc., the debtor, filed a petition under Chapter 7 of the Bankruptcy Code on May 26, 1992. The United States Trustee selected Harry L. Cure as the interim trustee. The City of Balch Springs filed a proof of claim for various unpaid taxes. The trustee objected to the claim. In i...
Views: 1
ORDER The debtors, Don and Helen Abercrom-bie, have filed a motion to hold the Internal Revenue Service in contempt of court for exercising control over property of this bankruptcy estate in violation of the automatic stay imposed by 11 U.S.C. § 362. The court conducted a hearing on the motion on April 15, 1993. Enforcement of the automatic stay by contempt-type proceedings, 11 U.S.C. § 362(h) ...
Views: 7
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)(F), which the Court may hear and determine. PROCEDURAL BACKGROUND The Debtors fil...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Hearing on Trustee’s Objection to Debtor’s Claim of Exemptions. At the Hearing, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons, t...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Complaint Objecting to Discharge of Debtor and Defendant’s Answer. At the Trial, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the followi...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on the Request for Payment of Administrative Expense of Wild Wings, Inc. (hereafter “Wild Wings”). In response, John J. Hunter, Trustee (hereafter “Trustee”), believing the matter to be unusual, requested a Hearing. At the Hearing, the parties were afforded the opportunity to present evidence and arguments they wished the Court to c...
Views: 0
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)(A), which the Court may hear and determine. PROCEDURAL BACK...
Views: 0
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 *884Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(A), which the Court may hear and determine. PROCEDURAL BACKGROUND (1) On May ...
Views: 0
DECISION ON MOTION SEEKING TO DISMISS THE INVOLUNTARY PETITION, OR, ALTERNATIVELY, TO LIFT THE AUTOMATIC STAY This matter comes before the Court on the motion of Citibank, N.A. (“Citibank”) for an order, pursuant to 11 U.S.C. § 305(a), dismissing the involuntary petition for relief under Chapter 7 of the Bankruptcy Code filed against the Debtor, Frank Grigoli, (“Grigoli” or the “Debtor”) ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Hearing on a Motion to Dismiss the case under 11 U.S.C. § 707(b) brought by the United States Trustee. A Hearing was held in which the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the arguments of counsel, exhibits, re...
Views: 0
*488 MEMORANDUM OPINION This matter came before the Court upon the Debtors’ Motion to Disqualify the Ballots of Chrysler Corporation, Chrysler Credit Corporation, Chrysler Realty Corporation, and Ken Zangara and Zangara’s Dodge. Having considered the facts, the memoranda of law, the applicable law, the argument of counsel and otherwise being fully informed and advised, the Court finds that ...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Defendant’s Motion for Summary Judgment with Supporting Memorandum and Exhibits. Plaintiff filed a Memorandum in Opposition with supporting Exhibits, to which Defendant filed a Reply. The Court has reviewed the written arguments of counsel, supporting affidavits and exhibits, as well as the entire record in the case. Based upon...
Views: 0
MEMORANDUM OPINION This matter is before the Court to determine whether the claim of a creditor against a debtor who is “jointly and sever *485 ally liable” as the guarantor of a debt in default should be reduced for voting purposes because the primary obligation is a secured claim in a separate bankruptcy case that could reduce the amount owed sometime in the future. Hav...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Objection of Henry County Community Improvement Corporation (hereafter “HCCIC”) to Debtor’s Motion to Extend Time to Assume or Reject Leases of NonResidential Real Property & Motion for Order Compelling Debtor to Make Timely Lease Payments and Debtor’s Motion and Reply. At the hearing, the parties were afforded th...
Views: 0
DECISION ON ORDER GRANTING DEFENDANT’S MOTION TO RECONSIDER THE COURT’S DECISION OF APRIL 17, 1993 Before the court is the defendant’s motion for the court to reconsider its oral decision of March 17, 1993. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(I) — determination...
Views: 0
DECISION AND ORDER ALLOWING CLAIM OF MONARCH MARKING FEDERAL CREDIT UNION AS SECURED IN PART AND AS UNSECURED IN PART This matter is before the court upon the “Debtor’s Objection to Allowance of Claim of Monarch Marking F.C.U.” (Doc. # 18). The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under ...
Views: 0
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)(A) and (0), which the Court may hear and determine. PROCEDU...
Views: 1
MEMORANDUM OPINION CONTAINING THE COURT’S AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The CCEC Asset Management Corporation (CAMC) objects to Chemical Bank’s proof of claim as an unsecured creditor of Consolidated Capital Equities Corporation (CCEC), asserting that the guaranty underlying the proof of claim constituted a fraudulent conveyance. The court decided several issues by i...
Views: 1
OPINION Before this Court is the Second Order to Show Cause Why Defendants Should not be Enjoined from Prosecuting an Action against Debtors Barred by 11 U.S.C. § 362, the Restraining Order Dated July 17, 1991, the Order of Confirmation Dated August 28, 1991 and 11 U.S.C. § 524(a)(3) and for Sanctions Filed by Trump Taj Mahal Associates, Trump Taj Mahal, Inc., the Trump Taj Mahal Corporat...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Trustee’s Motion for Evidentiary Hearing on Debtor’s Claim of Exemption and Motion for Turnover. At the trial, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and fo...
Views: 0
ORDER At Saint Louis, in this District, this 9th day of August, 1993. The matter being considered here is the motion of Dealers Acceptance Corporation (“Movant”) for relief from the automatic stay. On the Movant’s oral request an expedited hearing was set for August 5, 1993 at 10:00 a.m. After notice to the Debtor, Debtor’s Counsel and the Chapter 13 Trustee, the Court received testimony and ...
Views: 0
MEMORANDUM OPINION United States National Bank of Johns-town (“USNB”) has objected to debtors’ second amended plan of reorganization, which in essence merely distributes a stated res pursuant to the bankruptcy priorities. USNB asserts that it has a secured rather than an unsecured claim and that it should be treated accordingly in debtors’ plan. It further asserts that the plan...
Views: 0
MEMORANDUM OPINION Alleged debtor P & G Realty Corporation (“P & G”) requests (at Motion No. 93-982M) that the involuntary chapter 7 petition brought against it be dismissed or that the court abstain from hearing the case. P & G also has brought a motion (at Motion No. 93-985M) pursuant to 11 U.S.C. § 303(i) for attorney’s fees and costs it purportedly has incurred in opposing the involun...
Views: 0
MEMORANDUM OPINION Debtor James L. Buck has moved (at Motion No. 93-753M) for leave to proceed in forma pauperis. Specifically, he seeks leave to forego payment of a miscellaneous administrative fee of $30.00, which now is required of chapter 7 debtors, for all notices sent out in this case by the Clerk of this court. Debtor argues that this court has authority to grant such relief even t...
Views: 0
OPINION The guarantors Charles and Bette Alcock appeal the order of the bankruptcy court *25 allowing the claim of the lender, the Small Business Administration (“SBA”). The bankruptcy court found that the SBA’s claim against Alcock was not affected or barred under California Commercial Code §§ 3606, 9504, or California Civil Code § 2819. We affirm. STATEMENT OF THE ...
Views: 0
MEMORANDUM OPINION JURISDICTION This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11), 28 U.S.C. § 157(a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district), and Local Rule 29 of the United States District Co...
Views: 2
MEMORANDUM This matter is before the Court on the MOTION FOR AVOIDANCE OF LIEN which was filed on January 21, 1993. The OBJECTION TO MOTION FOR AVOIDANCE OF LIEN was filed on February 10, 1993. The DEBTOR’S BRIEF IN SUPPORT OF MOTION FOR AVOIDANCE OF LIEN was filed on May 24, 1993. The creditor filed a RESPONSE TO MOTION TO AVOID LIEN on May 24, 1993. FACTS The parties have stipulated to ...
Views: 0
*978 MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs Motion for Summary Judgment, Memorandum in Support, and Reply; and Defendants’ Memorandum in Opposition. The Court has reviewed the written arguments of counsel, transcripts, supporting affidavits, and exhibits, as well as the entire record in the case. Based upon that review, and for the following reasons, th...
Views: 1
MEMORANDUM OPINION AND ORDER This case comes on for Trial before the Court on Plaintiff’s Complaint to Determine Dischargeability of Debt and Motion for Default Judgment. Plaintiff’s Attorney was present but Defendant failed to appear. Plaintiff was afforded the opportunity to present her arguments. The Court has reviewed the submitted materials of the parties, exhibits, relevant statutory an...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Trustee’s Response to Debtor’s Claim of Exemptions Pursuant to 11 U.S.C. § 522(b)(2)(B). A Hearing was held on December 21, 1992. At the Hearing, the parties were afforded the opportunity to present evidence and arguments they wished the court to consider in reaching its decision. The Court has reviewed the arguments of c...
Views: 0
OPINION This matter came before the court upon the objection of St. Vincent Portland Federal Credit Union (“creditor”) to confirmation of the debtor’s proposed chapter 13 plan. The debtor is represented by Michael Blas-kowsky and the creditor is represented by Michael Caro, both of Portland, Oregon. The debtor’s plan separately classifies certain student loan obligations and proposes...
Views: 0
DECISION AND ORDER CAME ON for trial the foregoing cause. Upon consideration thereof, the court finds and concludes as follows. JURISDICTION This court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and (d). This is a core matter as set forth in 28 U.S.C. § 157(b)(2)(E). BACKGROUND PMSI-Wurzbach, Inc. (“PMSI”) is the owner of a parcel of ...
Views: 1
MEMORANDUM OPINION This matter is before the Court on the debtors’ motion to dismiss Sears and Roebuck & Company’s (Sears’s) objection to confirmation of the debtors’ chapter 13 plan of reorganization. The Court held a hearing on the matter on May 17, 1993. I. Positions of the Parties The debtors assert that Sears’s objection should be dismissed as untimely. Sears’s obje...
Views: 0
*292 DECISION ON MOTION TO USE CASH COLLATERAL CAME ON for hearing the motion of debtor to use cash collateral. The Internal Revenue Service appeared in opposition, contending that at least some of the monies in question were no longer even property of the debtor and so could not be used. Upon consideration thereof, it is the ruling of the court that the position of the IRS i...
Views: 0
ORDER The Chapter 7 Bankruptcy Trustee filed this Adversary Complaint to recover money had and received on account and on promissory notes. The Individual Defendant, Seymour Flax (“Flax”), is not a debtor in a case pending under Title 11 in this District. Flax has not identified himself as a defendant in a criminal case, or as a target of a criminal investigation. As part of this Bankruptcy Procee...
Views: 0
MEMORANDUM OPINION AND ORDER ON SECTION 547(c)(2) DEFENSE This adversary proceeding is before the Court after trial on the defense that allegedly preferential transfers are excepted from avoidance and recovery pursuant to the “ordinary course of business” exception found at 11 U.S.C. § 547(c)(2). Specifically, the trial focused on whether the transfers meet the requirements of § 547(c)(2)...
Views: 0
MEMORANDUM AND ORDER ON APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF COUNSEL, APPLICATION FOR ALLOWANCE OF COMPENSATION, AUTHORITY TO DRAW AGAINST RETAINER AND U.S. TRUSTEES MOTION FOR DISGORGEMENT OF ATTORNEY FEES Debtor seeks retroactive employment of counsel and approval of attorney fees. The United States Trustee seeks its quarterly fees from the monies paid to counsel by the d...
Views: 0
MEMORANDUM OF DECISION This matter comes to the Court on the Debtor’s motion to redetermine the claim of General Motors Acceptance Corporation (“GMAC”), a creditor currently holding both a secured and unsecured claim against the estate. Credit disability insurance proceeds have become available to pay the claim and GMAC now seeks to recover the full amount of its unsecured claim rather than o...
Views: 0
MEMORANDUM OF DECISION ON OBJECTION TO CONFIRMATION OF A CHAPTER 13 PLAN I. ISSUE The United States Supreme Court in Nobelman v. American Savings Bank, 508 U.S. -, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) decided that Bankruptcy Code “§ 1322(b)(2) 1 prohibits a Chapter 13 debt- or from relying on § 506(a) 2 to reduce an undersecured homeste...
Views: 2
MEMORANDUM OPINION Rayle Electric Membership Corporation (“Rayle Electric”) filed a motion for authority to set off on July 17, 1992. Greensboro Lumber Company, Debtor, filed its “Motion for Turn Over of Property of the Estate” on November 23, 1992. A hearing on both motions was held on February 11, 1993. The Court, having considered the evidence presented and the arguments and briefs of counse...
Views: 1
ABSTRACT OF BENCH RULING ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT RE INTER ALIA APPLICABILITY OF 11 U.S.C. § 548(b) TO AN INDIRECT TRANSFER TO A GENERAL PARTNER On November 29, 1990, an involuntary petition for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (1993), was filed against the Debtor. An order for relief, appointment of a Chapter 11 Trustee and confirmation of a ...
Views: 0
MEMORANDUM DECISION ON CONTESTED § 503(b) APPLICATIONS When I signed the order confirming the chapter 11 plan in these cases, I thought that the dust had finally settled. Not quite, for I had still to pass on applications for compensation. Most of the fee-related disputes were resolved through negotiation. But two remain, the disputed applications pursuant to section 503(b) filed by one B...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the motions of John A. Betts (the “Debt- or”) to vacate or amend a judgment entered by this Court on January 7, 1993, and for an extension of time to file a notice of appeal. For the reasons set forth herein, the Court hereby denies both motions. *633 I.JURISDICTION AND PROCEDURE The Court has jurisdiction...
Views: 0
MEMORANDUM OPINION DETERMINING DEBTOR’S RIGHT TO A PERSONAL PROPERTY EXEMPTION Debtor Mary Eileen O’Keefe Bateman (“Debtor”) has filed a voluntary Petition under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101, et seq. On Amended Schedule C to her petition, Debtor claimed as exempt, pursuant to 11 U.S.C. § 522(b)(2) and 735 ILCS 5/12-1001(f), 1 her right to p...
Views: 0
OPINION AND ORDER DISCHARGING DEBT AND DISMISSING COMPLAINT This matter is before the Court on ITT Financial Services’ (ITT) complaint to except the debt of Eugene Schoenlein (the “Debtor”) from discharge under 11 U.S.C. § 523(a)(2). Upon consideration of the evidence adduced at trial and the oral arguments of the parties, the Court finds that ITT’s complaint to except its loan to Debtor from disc...
Views: 0
OPINION The bankruptcy court ruled over the objection of James L. Kennedy, trustee in bankruptcy, that three single-premium annuity contracts that the debtor had purchased for cash prior to the date of her Chapter 7 petition were exempt. The trustee appeals. We reverse. I. FACTS Before filing her voluntary petition under Chapter 7 of the Bankruptcy Code, debtor sold her non-exem...
Views: 3
MEMORANDUM DECISION This matter is before the Court as the result of a Chapter 13 plan confirmation to which the trustee objected. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1334 and 157. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (L) and (O). *670 FACTS The debtor, Claire M. Stones, has worked for Continental Escrow Company (“Continental”) for 18 years. In...
Views: 0
MEMORANDUM OF DECISION On March 30, 1993, Joseph and Antoinette Madjerac (the “Debtors”) filed a petition under 11 U.S.C. Chapter 7. On the date of filing, the Debtors owned three parcels of real estate, each encumbered by the cross-collateralized first mortgage of First New Hampshire Mortgage Corporation (“First N.H.”) in the amount of $2,100,000.00. The properties were also encumber...
Views: 0
MEMORANDUM OPINION AND ORDER Plaintiff filed a complaint to determine dischargeability of a debt on a promissory note and security agreement pursuant to 11 U.S.C. § 523(a)(2)(A) for fraud or false representations and § 523(a)(4) for defalcation by a fiduciary. Plaintiff alleged that debtor Mr. Wheatley executed a promissory note and a security agreement covering accounts receivable, but that ...
Views: 1
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND DENYING MOTION FOR SANCTIONS This matter is before the Court on Defendants Dennis Noneman (“Noneman”) *449 and Noneman Real Estate’s (“NRE”) motion for summary judgment on a complaint filed with this Court by Jerald and Susan Paren (the “Debtors”) on October 16, 1992. Debtors brought this action against None-man, NRE ...
Views: 0
OPINION AND ORDER DISMISSING TRUSTEE’S OBJECTION TO EXEMPTION This matter is before the Court on Motions by Anthony Miller (“Debtor”) and Trustee Bruce French (“Trustee”) for summary judgment on the issue of whether Debtor may claim an exemption under Ohio Rev.Code § 2329.66(A)(1) in property in which his dependents reside. This Court finds that Debtor is entitled to a $5,000 exemption in prope...
Views: 0
ORDER DENYING ALL COMPENSATION After hearing on July 28, 1993 on the Motion of AMRESCO Institutional, Inc., as attorney in fact for Rhode Island Depositors Economic Protection Corporation, for Relief from Stay and for Dismissal on bad faith grounds, and based upon admissions made at the hearing by Z. Hershel Smith, Esq., that he: (1)represents both the Debtor, WLR 300 Real Estate Investment Corp.,...
Views: 0
OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION This matter is before the Court on the motion of Debtor Gary Neill (the “Debtor”) to reconsider this Court’s Order Sustaining Objections to Confirmation. This Court finds that the Debtor's motion is not well taken and should be overruled. Facts This Court sustained the objections to Debtor’s chapter 13 plan (the “Plan”) by Sav...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding was initiated by the debtor, Gary Thomas Livengood against the defendant, State of Idaho, Department of Health and Welfare, in order to determine the status of a claim by the State of Idaho, Department of Health and Welfare against the debtor in his chapter 13 case pending in this Court. The parties have agreed the only remaining issue is whether t...
Views: 0
MEMORANDUM OF DECISION The Idaho State Bar (“ISB”) has moved for a declaratory judgment to the effect the section 362 automatic stay does not prevent the ISB from requiring payment of $10,256.17 from the debtor before the debt- or’s application for reinstatement as an attorney will be considered. For the reasons stated in this memorandum, it is concluded the ISB cannot require payment of the *494$...
Views: 0
CONTENTS Introduction FINDINGS OF FACT I. The Parties II. The Original Factoring Agreement A. Assignment of Invoices to Capital Factors B. Definition and Effect of Pre-Billing C. Advancement of Funds Against Assigned Invoices D. Computing Interest Charges and Factoring Commissions E. Summary III. Relevant Events from April 1986 through June 1990...
Views: 1
OPINION In an adversary proceeding brought by the Debtor, Richard E. Shaw, the bankruptcy court found for the defendant, Sherry Mohageri, pursuant to Bankruptcy Code Section 549(c). Richard E. Shaw appeals and we REVERSE. STATEMENT OF FACTS: On January 21,1987, the Debtor, Richard E. Shaw, (hereinafter Shaw) filed a petition for relief under Chapter 11 of Title ll. 2 ...
Views: 2
MEMORANDUM OF DECISION This adversary proceeding is a class action by Clarence Hall as representative plaintiff (“plaintiff”), against Sunshine Mining Company (“Sunshine”) and numerous individual defendants. Originally commenced in state court in Texas, one individual defendant removed the action to the U.S. Bankruptcy Court for the Northern District of Texas. That court severed the plain...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION This case arises from a secured creditor’s objection to confirmation of Debtors’ Chapter 13 plan. The objection raises two issues: 1. Does the creditor’s deed of trust create a security interest in any property in addition to the Debtor’s residential real estate thereby making the provisions of § 1322(b)(2) inapplicable? 2. Assuming § 1322(b)(...
Views: 1
MEMORANDUM The question presented is whether the “same class” test for enforcement of future advance clauses in security instruments, announced by this court in Third Nat'l Bank v. Johnson (In re Johnson), 9 B.R. 713 (Bankr.M.D.Tenn.1981), survived the enactment of Tenn.Code Ann. § 47-50-112(b) in 1983. The “same class” rule was repudiated by the Tennessee legislature. The ...
Views: 0
DECISION AND ORDER At Roanoke in said District this 9th day of July, 1933: The motion of B.K. Cruey (herein Cruey) for an extension of time to file a notice of appeal of this Court’s Order of August 5, 1992, pursuant to Bankruptcy Rule 8002(c) was remanded to this Court from the United States Court for the Western District of Virginia. 1 The Court has reviewed the pleading...
Views: 0
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Debtor filed a motion for reconsideration and for clarification after the Court issued the Findings of Fact and Conclusions of Law in this case. After due consideration, this Court concludes that this amended order should be entered. Cullen Bank’s responsive motion was untimely, but even if. it is considered on its merits, this amended order...
Views: 3
MEMORANDUM OPINION AND ORDER Before the Court is an Objection to Discharge, Complaint to Determine Discharge-ability of Debts, Motion to Turn Over Assets of Estate, Motion for Rule 11 Sanctions, Original Complaint, Application for Injunction, and Objection to Dismissal filed by Joseph Kaufhold, Jr., Katherine Open-shaw, and Mary Kaufhold Magee (“plaintiffs”) against Velma and Charles Cauthen ...
Views: 0
*461 OPINION RE OBJECTION TO HOMESTEAD EXEMPTION I. INTRODUCTION. Merolin Norman (“Debtor”) filed a Chapter 7 petition on April 22, 1993. The first meeting of creditors pursuant to 11 U.S.C. § 341 1 was held on May 24, 1993. John Monte (“Trustee”), the trustee appointed in this case, timely filed an objection (“Motion”) to the Debtor’s homestead exemption on June 23, 1993. Debtor schedu...
Views: 1
AMENDED MEMORANDUM OPINION AND ORDER This cause came on to be heard on the cross-motions of the Plaintiff, Great American Insurance Company, and debtor for summary judgment on Great American’s adversary complaint, seeking dischargeability of its debt. The issue before the court is whether upon consideration of the complaint, answer, and any supporting affidavits there exists “no genu...
Views: 1
BACKGROUND On March 19, 1993, the Debtor, Metro Water & Coffee Services, Inc. (the “Debt- or”), a food service business, filed a petition initiating a Chapter 11 case. In its *744 schedules, the Debtor listed Rochester Community Baseball, Inc. (“RCB”) as having an unsecured disputed claim in the amount of $59,905.78. In its statement of affairs, the Debtor indicated that on N...
Views: 0
DECISION ON MOTION FOR SUMMARY JUDGMENT Outraged by the debtor’s refusal to admit the regularity and validity of the foreclosure sale which European American Bank (“EAB”) conducted exactly ten minutes before the debtor filed its chapter 11 petition, EAB commenced an adversary proceeding to declare that it is the owner of the foreclosed property, to enjoin the debt- or, pursuant to 11 ...
Views: 1
MEMORANDUM OPINION Before the court is a motion filed by the debtors, Robert B. and Linda L. Quick, to determine the amount and dischargeability of the claim filed in their chapter 7 case by the Internal Revenue Service. The facts of this case are set out in a Memorandum Opinion entered in this action on October 23, 1992, 152 B.R. 902, and are incorporated herein by reference. In...
Views: 0
DECISION ON MOTION TO DISMISS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM DeSantis, Prinzi, Springer, Kiefer & Shall (“Defendant”), a firm of certified public accountants, moves to dismiss the amended complaint (“Complaint”) filed in this adversary proceeding by the official committee of unsecured creditors (“Plaintiff”) on behalf of the Debtor, Gouiran Holdings, Inc. The Complaint cha...
Views: 0
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND ORDER FOR JUDGMENT At Minneapolis, Minnesota, August 17, 1993. UNDISPUTED FACTS 1. Total Transportation, Inc. (“TTI”) was a motor common carrier operating in interstate commerce pursuant to a certificate issued by the Interstate Commerce Commission (“ICC”). 2. Have-A-Portion, Inc. (“HAP”) was incorporated as a Minnesota corporation on July 29, 19...
Views: 0
MEMORANDUM OF DECISION I. INTRODUCTION William Alan Morgan and Phyllis Marie Morgan (“Debtors”) contend that pursuant to 11 U.S.C. § 522(b) of the Bankruptcy Code (“Code”) and California Code of Civil Procedure (“C.C.P.”) Sections 704.730 and 704.965 they are entitled to the $75,000 homestead exemption that existed under California law at the time the Debtors filed *468 their bankruptcy pet...
Views: 0
MEMORANDUM OPINION Before the Court are Motions of James Michael Martin (“Debtor” or “Movant”) to reopen his Chapter 7 case and avoid certain liens on his personal property and a companion Motion to hold AVCO Financial Services of Madison Heights (“AVCO” or “Creditor”) in contempt and impose sanctions for violating the permanent injunction provisions of the discharge order issued pursuant...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the motion of Arthur Zussman (“Zuss-man”) pursuant to Federal Rule of Civil Procedure 60(a) to correct the record, and the opposition thereto of Richard Smilgoff (“Smilgoff”) who seeks sanctions against Zussman under Federal Rule of Civil Procedure 11. For the reasons set forth herein, the Court having considered the pleadings, exhibits a...
Views: 1
MEMORANDUM OPINION AND ORDER INTRODUCTION This matter comes before the Court on the Complaint of Veeco Investment Company, L.P., the Debtor in this Chapter 11 proceeding, for a temporary injunction against Mercantile National Bank of St. Louis, N.A. The Debtor seeks to enjoin Mercantile from executing on a judgment it obtained against two individuals who personally guaranteed...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the motion of American Industrial Loan Association (“AILA”) for relief from stay against Shirley Mae Voron (the “debtor”), and Bruce H. Matson, Chapter 7 trustee (the “trustee”). At a final hearing on relief from stay held June 7, 1993, this Court took under advisement and invited briefs on the issue of whether a prior relief fr...
Views: 0
DECISION ON MUTUAL LIFE INSURANCE COMPANY’S MOTION “So long as people do not mean what they say or do not say what they mean, there will be enough uncertainty to keep everyone busy hiding intent and obfuscating meaning.” In re Winston Mills, Inc., 6 B.R. 587, 596 (Bankr.S.D.N.Y.1980). Not a lot has changed since Judge Roy Babitt wrote those words. My task is to determine, m...
Views: 1
DECISION AND ORDER ON PLAINTIFF’S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT CAME ON, for consideration, the Motion of the Defendant, the Resolution Trust Corporation (the “RTC”), to Dismiss, or, in the Alternative, for Summary Judgment. The RTC asserts, inter alia, that this court lacks subject matter jurisdiction over this adversary proceeding, and th...
Views: 0
DECISION ON CONFIRMATION OF DEBTOR’S PLAN OF REORGANIZATION DATED DECEMBER 23, 1992, AS MODIFIED, AND ON MOTION TO DESIGNATE VOTE OF UNITED SAVINGS ASSOCIATION OF TEXAS UNDER § 1126(e) CAME ON for hearing Debtor’s Plan of Reorganization Dated December 23, 1992, as Modified, and Motion to Designate Vote of United Savings Association of Texas under § 1126(e). The following decision cons...
Views: 1
MEMORANDUM The question presented is whether the “contract carrier” and “rate reasonableness” issues in these carrier undercharge adversary proceedings should be referred to the Interstate Commerce Commission under the doctrine of primary jurisdiction. Referral of the contract carrier and rate reasonableness issues is denied. The following are findings of fact and conclusions of law. ...
Views: 0
OPINION Background A comprehensive compilation of the tortured history of this single asset real estate case is set forth in prior opinions of this Court. See 145 B.R. 215, 137 B.R. 165, 125 B.R. 140, and 112 B.R. 750. Presently before the Court is Prudential Insurance Company of America’s (“Prudential”) MOTION FOR REHEARING OF EMERGENCY MOTION TO COMPEL RECOVERY ...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Debtors’ Motion to Avoid Lien of Associates Financial Services. The Court has reviewed the written arguments submitted by counsel, exhibits, relevant statutory and case law, as well as the entire record. Based upon that review and for the following reasons Debtors’ Motion to Avoid Lien should be Denied. FACTS ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion of IBEW, Local 1076, AFL-CIO to Cancel Agreement and for Order to Return Payment. At the Hearing, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and...
Views: 1
OPINION AND ORDER ON TRUSTEE’S MOTION TO MODIFY PLAN I. Preliminary Matters This matter is a core proceeding which is before the Court on a motion by the Chap *390 ter 13 trustee (“Trustee”) seeking to modify a confirmed plan. See 28 U.S.C. §§ 157(b)(2)(A), (L) & (0). The debtor, Nina Wilson, has a Chapter 13 plan which was confirmed by the Court on Sept...
Views: 0
OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT Enwotwen Industries, Inc. (“Enwotwen”) filed this adversary proceeding against Brookstone Limited Partnership (“Brook-stone”), Brookstone Properties, Inc. and Indiana National Bank to recover certain real property known as the Brookstone Apartments (“the Property”). Enwotwen transferred the Property to Brookstone within forty-five days ...
Views: 1
OPINION AND ORDER ON OBJECTIONS TO CONFIRMATION AND DENYING CONFIRMATION I. Introduction And Jurisdiction This matter is before the Court on the request of debtor Roger L. Creviston for confirmation of his Second Amended Chapter 12 Plan (“Plan”). Confirmation was objected to by the United States of America on behalf of the Farmers Home Administration (“FmHA”) and by Frank...
Views: 0
OPINION AND ORDER DENYING CONFIRMATION OF CHAPTER 11 PLAN Shadow Bay Apartments, Ltd. (“Shadow Bay”) has requested the Court to confirm its First Amended Plan of Reorganization (“Plan”). Although no objections were filed to the Plan, the Court has a mandatory-duty under 11 U.S.C. § 1129 to ensure that all elements of confirmation have been met. For the reasons which follow, the Court ...
Views: 2
*491MEMORANDUM OPINION This matter comes on to be heard upon the Trustee’s objection to the proof of claim filed by Debtor on behalf of the Internal Revenue Service (“IRS”) on grounds that the claim was filed too late. The Court directed the parties to file briefs in support of their positions and the matter was taken under advisement. Upon review of the authorities presented, the Court finds as f...
Views: 0
MEMORANDUM OF DECISION Before the Court is the Application For Compensation And Reimbursement For Expenses (“Application”) filed by Stephen C. Chute, Esq. (“Applicant”), attorney for the Debtor, 1 wherein Applicant requests $4,576.50 in fees 2 and $952.68 in expenses *183 for total compensation of $5,529.18, against which he wishes to credit his $5,000.0...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS COMPLAINT I. ISSUE The question presented by the defendant’s motion to dismiss the complaint1 is whether the plaintiff-trustee’s complaint to avoid alleged preferences and alleged fraudulent transfers is time barred because it was not filed within two years of the plaintiff-trustee’s appointment. See Code § 546(a).2 The followi...
Views: 0
OPINION Boston Harbor Marina Company (the “Debtor”) requests confirmation of its First Amended and Restated Plan of Reorganization (the “Plan”). Various parties have lodged objections to confirmation, asserting the Plan improperly discharges parties other than the Debtor, fails to treat postpetition real estate taxes as administrative expenses, improperly designates claims as unimpair...
Views: 0
DECISION At Fort Wayne, Indiana, on 12 July 1993. On March 31, 1993 debtors filed an amended schedule of exempt property. In doing so, they claimed an exemption of $1,192.00 in “common stock” pursuant to I.C. 34-2-28-1. 1 The trustee filed a timely objection to the newly claimed exemption. This matter is before the court following the hearing held as a result of that o...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Motion for Summary Judgment; Reply; Motion for Judgment on the Pleadings; Motion to Dismiss Defendant’s Coun-tersuit; Amended Complaint; Notice of Plaintiff’s Motion to Dismiss Defendant’s Countersuit; and Notice of Plaintiff’s Motion for Judgment on the Pleadings. In response, Defendant filed a Response to Plaint...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on an objection to confirmation filed May 7, 1993, by Bank America National Trust Company (New York), (the “creditor”). The creditor alleges that the Chapter 13 plan of David G. Thorsted (the “debtor”) filed April 17, 1993, fails to cure default on a secured claim and improperly modifies the rights of a holder of a secured claim secured only...
Views: 0
OPINION A. INTRODUCTION LONDON SALVAGE & TRADING CO., LTD. (“London”), one of two intermediary brokers in a certain contractual arrangement for sale of scrap steel, attempts to claim rights of reclamation and/or rights as an administrative claimant against the Debtor, MAYER POLLOCK STEEL CORPORATION (“the Debtor”), the other intermediary broker. London also seeks to compel th...
Views: 0
MEMORANDUM AND ORDER ON OBJECTION TO APPOINTMENT OF ATTORNEY On March 17, 1993 the debtor in the above captioned case applied to the court to employ the law firm of Merrill, Stone and Parks (“the law firm”) as its attorneys. By order of March 18,1993 the court granted debtor’s application. On March 24, creditors of the debtor, Lignacon Holzoberfla-chen, Anlagen und Lacktechnick Gmbh (...
Views: 0
ORDER DISMISSING CONTESTED MATTER THIS CAUSE is before the Court upon a sua sponte review of the file in this contested matter, a motion for partial.lift of the automatic stay, filed on February 10, 1993. The debtor is a fourteen year old child incarcerated for the murder of Edward Cooper. The sole debt listed on the petition is the $2,500,000 wrongful death suit filed by the estate of Edwa...
Views: 0
NOTICE OF INTENDED DECISION INTRODUCTION This case is a rather rare example of a debtor who files chapter 11 with substantial assets, pays its creditors through a chapter 11 plan, and emerges from the bankruptcy with a few less but nonetheless still with substantial assets. Pursuant to the confirmed chapter 11 plan all creditors have been paid in full. Thus, although the present...
Views: 0
ORDER Before the Court is the Debtor’s Motion for Summary Judgment on the Debtor’s Objection to the Claim of the Internal Revenue Service and the Motion for Summary Judgment and Response to Debtor’s Motion for Summary Judgment on the Debt- or’s Objection to the Claim of the Internal Revenue Service filed by the Internal Revenue Service. This Court has jurisdiction of this proceeding pursuant to ...
Views: 0
*147MEMORANDUM OPINION The Debtor filed a voluntary Chapter 11 petition under the Bankruptcy Code on January 26, 1993. This Court set a May 3, 1993 proof of claim bar date pursuant to Bankruptcy Rule 3003(c)(3). Colonial Bank (“Colonial”) filed three proofs of claim on May 11. On May 17, Colonial filed a “Motion to Enlarge Time to File Proofs of Claim or, in the Alternative, Deem Claims Timely Fi...
Views: 0
OPINION The issue before the Court is whether the Debtors may avoid judicial liens on their homestead pursuant to 11 U.S.C. § 522(f)(1). The material facts are not in dispute and the proceeding is before the Court on a motion for judgment on the pleadings. (The Debtors have withdrawn their request for an evidentiary hearing.) The Debtors, Larry and Nancy Ward, filed a petition pu...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the plaintiff’s second amended complaint to determine dischargeability of debt under 11 U.S.C. § 523 and to object to discharge under 11 U.S.C. § 727(a). After a trial held on January 28, 1993, at which the court heard arguments of counsel and after considering the briefs filed by the parties, the court renders its findings of fact ...
Views: 0
OPINION A. INTRODUCTION ROSARIO CHIAPETTA (“the Debtor”), whose individual voluntary Chapter 7 bankruptcy yielded a solvent estate as the result of receipt of proceeds of a settlement of certain litigation, has filed certain Objections to the proposed Distribution of his *154 estate’s assets submitted by CHRISTINE C. SHUBERT, ESQUIRE (“the Trustee”). We conclude ...
Views: 3
OPINION The issue before the Court is whether the Illinois Department of Revenue properly filed an amendment to a timely filed claim or an untimely new claim. The Debtor, Continuing Legal Education Satellite Network, Inc., filed its petition pursuant to Chapter 11 of the Bankruptcy Code on May 19, 1992. The Illinois Department of Revenue was listed as an unsecured priority creditor with a fixed ...
Views: 0
MEMORANDUM OF DECISION AND ORDER This matter comes before the court on Bank of Alex Brown’s (“Bank”) complaint to determine dischargeability of debt, for violation of trust, and for declaratory relief against Chapter 13 debtor Franklin *191 Goldberg, debtor’s wife, and the Chapter 13 Trustee. In the pretrial stage of the proceedings, Bank dropped its claim for determinat...
Views: 1
MEMORANDUM DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION Must the court dismiss an involuntary petition merely because the sole petitioner circumvented the three-petitioner requirement by intentionally misrepresenting the number of creditors even though three other creditors oppose dismissal and demand their statutory right to join in the petition? 1 It is a clash between ...
Views: 2
MEMORANDUM DECISION Secured creditor, Federal Home Loan Mortgage Corporation, has settled a proposed order upon the debtors pursuant to Chambers Rule of Procedure 18, Local Rule 23, and 11 U.S.C. § 102(1). The proposed order would grant relief from the effect of the automatic stay and contains the following provision: “ORDERED that Federal Home Mortgage Corporation be awarded reasonable attor...
Views: 0
MEMORANDUM The debtor commenced this adversary proceeding on August 27, 1991, contending that Leader Federal Bank for Savings, f/k/a Leader Federal Savings and Loan Association (“Leader Federal”), her mortgagee, violated the automatic stay by entering her home without permission and removing personal property. The complaint asserts that the actions by the defendant constituted trespass and vi...
Views: 56
OPINION Comes now before the Court the Objection of Jesse Ervin and Sandra Camille Sherman to a Proof of Claim filed by the United States of America on behalf of its agency, the Small Business Administration, pursuant to regular setting in Beaumont, Texas. This matter constitutes findings of fact and conclusions of law in accordance with Fed.R.Bankr.P. 7052 and disposes of all matters bef...
Views: 0
ORDER GRANTING MOTION FOR INVOLUNTARY DISMISSAL WHEN THE boys of summer are ready to march on the field of dreams, the body starts to pump adrenalin. The atmosphere is even more intense if the boys involved are members of a Little League. So long as the intensity and the spirit of competition remains on the field, no one really gets disturbed and that is what makes baseball exciting. However, w...
Views: 0
ORDER ON DEBTOR’S OBJECTION TO CLAIM # 3576 FILED BY PAUL A. BILZERIAN THIS IS a confirmed Chapter 11 case and the matter under consideration is an Objection by Bicoastal Corporation, d/b/a Simu-flite, f/k/a The Singer Company (Debtor) to the Amended Claim filed by Paul A. Bilzerian (Bilzerian), the former Chief Executive Officer and Chairman of the Board of the Debtor. The Claim was orig...
Views: 0
OPINION AND ORDER GRANTING MOTION FOR REMAND OF REMOVED ACTION AND MOTION FOR ABSTENTION AND DISMISSAL This matter came on for hearing upon Ralph Cordes’s (“Cordes”) motion for remand of Adversary Proceeding No. 93-3086 to the Common Pleas Court of Wood County (“State Court”) and abstention from hearing Adversary Proceeding No. 93-3069. Continental Holdings, Inc. (“Continental”) requested...
Views: 1
*706 MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS On February 21, 1991, James Walter McCoy (Debtor) filed his Voluntary Petition for Relief under Chapter 7. On April 24, 1992, Sanford L. Hoye and Eileen K. Hoye, individually and derivatively as Shareholders of Health Care Associates, Inc. (HCA) and Sanford Office Park of Boynton Beach, Inc. (Sanford) (Plaintiffs), commenced ...
Views: 0
MEMORANDUM OPINION ON OBJECTION OF DEBTOR TO CLAIM OF GMAC On this day came on for consideration the Objection of the Debtor, Donna Sue Luce Carian (the “Debtor”) to the proof of claim filed by General Motors Acceptance Corporation (“GMAC”). The Court, having heard the evidence and arguments of counsel, and having reviewed the pleadings and briefs on file herein, and the relevant case law, find...
Views: 0
MEMORANDUM OF DECISION ON OBJECTION TO CLAIM This matter came before the court on Toby and Amy Grogan’s (“the Grogans”) objection to the allowance of a post-confirmation proof of claim filed by the Internal Revenue Service (“the IRS”). The IRS was represented by Bridgette M. Gibson, Esq., Special Assistant U.S. Attorney. The Gro-gans were represented by Spencer P. McGrew, Esq., Faulkner and McG...
Views: 0
MEMORANDUM OPINION INTRODUCTION James Joseph, Chapter 7 trustee (“Trustee”), brought this proceeding against John Hewitt, an individual, and Hewitt Industries of Los Angeles, Inc. (collectively “Hewitt”) to quiet title to real property located in Montevideo, Uruguay (the “Property”). After hearing cross-motions for summary judgment, I granted judgment for Hewitt. I found that Hewitt had paid ...
Views: 1
*688 MEMORANDUM OPINION This matter is before the Court on the motion of Parkwood Lakes, Inc., for an Order requiring the debtor to surrender, pursuant to the Parkwood Lakes Shareholders Agreement, all of its shares of Parkwood Lakes for $3,330, or alternatively for relief from the automatic stay for the purpose of pursuing its remedy in State Court. I. BACKGROUND The d...
Views: 0
ORDER ON MOTIONS FOR REHEARING THIS IS a confirmed Chapter 11 case and the matters under consideration are two Motions. One is the Debtors’ Motion for Rehearing to Reconsider, Alter, Amend or Clarify Order on Motion to Vacate Order Granting Debtors’ Motion to Modify Confirmed Plan. The other is the Motion of Waterford South, Inc., to Amend Order on Motion to Vacate Order Granting Debtors’ Motion t...
Views: 0
ORDER ON TRUSTEE’S MOTION FOR TURNOVER THIS IS a Chapter 7 ease and the matter under consideration is a Motion for Turnover filed by the Trustee, Buddy D. Ford (Trustee). The facts relevant to the resolu *860 tion of this controversy, as they appear in the record, are as follows: Charles C. Garrett and his wife Charlotte Garrett (Debtors) filed their voluntary Petition f...
Views: 1
ORDER ON SEABOARD’S EMERGENCY MOTION TO ENJOIN AND PROHIBIT DEBTOR’S USE OF RENTS OR PROFITS, AND MOTION FOR ABANDONMENT AND RELIEF FROM STAY THIS IS a Chapter 11 case and the matter under consideration is a Motion to Enjoin and Prohibit Debtor’s Use of Rents or *250 Profits, and a Motion for Abandonment and Relief from Stay filed by Seaboard Savings Bank, F.S.B. (Seaboard). In its Motion, Se...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION THIS is a Chapter 7 liquidation case and the matter under consideration is an objection by the Chapter 7 Trustee (Trustee) of the claim of exemptions of Wilma Haire (Debtor). The property claimed as exempt is a $100,000 life insurance settlements paid to the Debtor upon the death of her husband, Winferd Haire. The relevant procedural background o...
Views: 0
ORDER ON MOTION FOR SANCTIONS THIS is a dismissed Chapter 11 case and the matter under consideration is a Motion for Sanctions filed by C.H. Beach Resort Condominium Association, Inc., (Beach Resort) a creditor of Morfeas Inn, Inc. (the Debtor) seeking the imposition of sanctions against James Staack, P.A., counsel of record for the Debtor. The facts relevant to resolution of this controversy are...
Views: 0
MEMORANDUM OPINION ON MOTION TO VOID AND CANCEL NOTICES OF LIS PENDENS FILED BY CLINTON MANGES AND HELEN RUTH MANGES On this day came on for consideration the Motion of Manges Liquidating Trust to Void and Cancel Notices of Lis Pendens filed by Clinton Manges and Helen Ruth *724Manges. The Court, having heard the evidence and arguments of counsel, and having reviewed the pleadings and briefs on fi...
Views: 0
ORDER UPON ORDER TO SHOW CAUSE THIS IS the most bizarre Chapter 13 case ever encountered by this Court during the past 30 years, produced by what is claimed to be creative lawyering according to counsel of record for Tommy Craycraft Harrison (Debtor). The facts relevant to the disposition of this case as appear from the record are clear, are not subject to any legitimate dispute and are a...
Views: 0
ORDER ON MOTION TO ABSTAIN THIS is a confirmed Chapter 11 case, and the matter under consideration is a Motion to Abstain filed by York International Corporation (York). The Motion is directed to an Objection to the claim of York filed by Bicoastal Corporation, d/b/a Simuflite, f/k/a The Singer Company (Debtor) in the amount of $690,000.00. The claim is based on the contention of York that it is e...
Views: 0
ORDER ON DEBTOR’S MOTION TO APPOINT EXAMINER THIS IS a yet to be confirmed Chapter 11 ease and the matter under consideration is a truly unique Motion filed by Charles Rutenberg (Debtor). The Debtor in his Motion seeks an order directing the appointment of an examiner pursuant to § 1104(b)(2) of the Bankruptcy Code. This Section provides, inter alia, that: § 1104. Appointment of trustee or ex...
Views: 3
ORDER ON OBJECTION TO CLAIM # 22 THIS IS a Chapter 7 liquidation case and the matter under consideration is an Objection to Claim # 22 filed by Samuel I. Weis-berg and Janet R. Weisberg (Debtors) on behalf of the United States Internal Revenue Service (Government). The Trustee’s Objection is based upon the timeliness of the proof of claim. The facts relevant to resolution of this controversy are a...
Views: 0
MEMORANDUM OPINION ON COMPLAINT TO RECOVER PROPERTY On this day came on for consideration the Debtor, Hermelinda Hernandez’, (the “Debtor”) Complaint to Recover Property. The Court, having heard the arguments of *30 counsel, and having reviewed the pleadings and briefs on file herein, finds that Debtor is entitled recover her property as requested in her Complaint. In support...
Views: 0
ORDER ON 1992 AMENDED APPLICATION FOR PAYMENT OF 1991 TANGIBLE PERSONAL PROPERTY AND REAL PROPERTY TAXES AS AN ADMINISTRATIVE EXPENSE THIS IS a Chapter 11 case and the matter under consideration is an Amended Administrative Expense Application filed by Mike Olson, Pasco County Tax Collector (Tax Collector). Tax Collector seeks allowance of 1991 tangible personal property and real property tax o...
Views: 0
ORDER DENYING MOTION TO AMEND Before the Court is the Motion to File Amended Pleadings filed by the debtor on April 22, 1993. The debtor seeks to amend his counterclaim to add or expand causes of action sounding in tort. The basis of the motion to amend is that the causes of action are personal to the debtor and do not belong to the trustee such that the debtor should be permitted to pursue the ...
Views: 0
*452OPINION AND ORDER GRANTING AMERICAN NATIONAL BANK’S MOTION FOR SUMMARY JUDGMENT ON ALL SUBSTANTIVE ISSUES Before the Court is the Motion for Summary Judgment on all Substantive Issues filed by American National Bank (the “Bank”). After hearing and argument the Court finds as follows: FACTS In June 1983, Debtor John Mills Hawn (“Hawn”) obtained a loan in the principal amount of $1,250,000 from...
Views: 0
ORDER DENYING DEBTOR’S MOTION TO DISMISS COUNTERCLAIM This adversary proceeding should not be an overly complicated case. Through the procedural errors, bad faith maneuvering, and continual reversal of positions and statements of debtor’s counsel, however, it has become a morass. The adversary proceeding was initiated by the Complaint, filed on March 11, 1992, to which an Answer and Counterclai...
Views: 0
MEMORANDUM OPINION INTRODUCTION On May 25, 1993, Defendant, the Federal Deposit Insurance Corporation (the “FDIC”) as receiver for Mission Viejo National Bank, and the Plaintiff, Richard Mar-shack, Chapter 7 trustee for Motivation Resources, Inc. (“Trustee”), appeared before this court on Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint. Counsel for the Defendant ar...
Views: 0
ORDER DENYING MOTION TO REOPEN THIS CAUSE is before the Court upon the Petition to Reopen Bankruptcy, filed by the debtor on June 14, 1993. The debtor seeks to reopen the case, pursuant to 11 U.S.C. § 350 to add a creditor in order that a debt incurred prepetition may be discharged. The creditors, Bobby N. Whorton and Deloria J. Whorton, objected to the petition on the basis that they were ne...
Views: 0
MEMORANDUM DENYING MOTION FOR RECONSIDERATION By order entered May 24,1993, the Court denied the motion of Loopco Industries, Inc., to reopen this case so as to entertain adversary proceedings intended to enjoin product liability actions brought against Loopco in state courts in Texas and New Jersey. On June 2, 1993, Loopco filed a motion for reconsideration of the Court’s order and cited autho...
Views: 1
ORDER Before the court for confirmation is a Chapter 12 plan of reorganization filed October 16, 1992, by the Debtors, husband and wife, Glen and Diane Kuether. The confirmation hearing was held on January 25, 1993. The United States of America, acting through the Farmers Home Administration (FmHA), objects to the confirmation, charging that it has no claim in the Debtors’ bankruptcy proceeding...
Views: 0
OPINION A. INTRODUCTION Presently before this court for resolution is a Motion (“the Motion”) filed by Hill Financial Savings Association (“Hill”) and the Resolution Trust Company, as receiver for Hill (“the RTC”) (collectively Hill and the RTC are referenced as “the Defendants”), seeking to dismiss an adversary Complaint filed against the RTC by the Committee Disbursing Agent (“the CDA”) of VA...
Views: 0
MEMORANDUM OF DECISION ON MOTION OF UNITED STATES SECURITY AND EXCHANGE COMMISSION TO EXTEND THE TIME TO OBJECT AND EXCEPT TO DISCHARGE-ABILITY I. The above-entitled motion filed by The Securities and Exchange Commission (SEC) requests the court “to reopen” the debtor’s discharge and to “extend the Commission’s time to object and except to the discharge of its claims against the debtor ... ...
Views: 1
OPINION This matter comes before the court on an application for compensation by counsel for creditor Midlantic National Bank seeking attorneys’ fees and costs pursuant to 11 U.S.C. § 506(b). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). This court, therefore, has jurisdiction under 28 U.S.C. § 1334. PROCEDURAL HISTORY AND STATEMENT OF FACTS The debtor-defendan...
Views: 0
MEMORANDUM OF DECISION This matter is before the Court upon the motion of TJX Companies, Inc. (“TJX”) for this Court to reconsider its ruling issued in Bond Street Assoc., Ltd. v. TJX Cos., 148 B.R. 756 (Bankr.S.D.N.Y.1993). Therein, this Court granted partial summary judgment as to TJX’s liability to Bond Street Associates, Ltd. (“Bond Street”) on Count I of the Complaint, but left the issue o...
Views: 0
*44 OPINION This matter comes before the court on an application for compensation by the brokerage firm of Principal Asset Markets, Inc. based on a contingency fee determined by a percentage of the principal balance. This court has jurisdiction under 28 U.S.C. § 1334, and it is a core matter as defined in 28 U.S.C. § 157(b)(2)(A). PROCEDURAL HISTORY AND STATEMENT OF FACTS ...
Views: 0
ORDER This adversary proceeding is before the Court on defendant’s motion for summary judgment. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I). Plaintiff filed a complaint requesting a determination that a tax liability in the amount of $1,420.18 to the State of Georgia Department of Revenue (the “State” or “defendant”) is not excepted from discharge under 11 U.S.C. § 523(a)...
Views: 1
OPINION The issue before the Court is whether the Debtor may claim an exemption in a leased vehicle pursuant to 735 ILCS 5/12-1001(c). *124 On March 19, 1993, the Debtor, Michael Ayre, entered into a lease with Ford Motor Credit Company for the lease of a 1993 Ford Ranger. In addition to the monthly lease payments, the Debtor was required to make an initial deposit of $2,000 on the lease....
Views: 1
MEMORANDUM This matter is before the Court on the Application of counsel for the Debtor for allowance of final compensation and reimbursement of expenses. Although the Court notes that in previous Applications, it approved of one entry of seven-tenths (.7) of an hour on a paralegal rate of $65.00 per hour, the Court declines to approve such a rate on a regular basis. Heretofore, The Bankruptc...
Views: 0
OPINION Before the Court are the motions of the Plaintiff law firm (FIRM) to reconsider an order of this Court dismissing several counts of its complaint and a motion to amend its complaint. 156 B.R. 27. A hearing was held on August 19, 1993, and the matter was taken under advisement. By a prior order and opinion dated June 29, 1993, this Court dismissed several counts of the complai...
Views: 0
MEMORANDUM OPINION ON UNITED STATES TRUSTEE’S MOTION TO DISMISS UNDER 11 U.S.C. §§ 707(a) AND (b) The United States Trustee filed a motion to dismiss this voluntary Chapter 7 case pursuant to 11 U.S.C. § 707(b), and the United States Trustee subsequently amended its motion to allege cause for dismissal under § 707(a). The debtor responded with an objection to the motion to dismiss, and the moti...
Views: 1
MEMORANDUM OPINION AND ORDER On July 6, 1992, the debtor filed his Chapter 11 petition in bankruptcy. The bankruptcy petition reflects the following: Assets_ Ownership Value. Real estate: 213 acres with house Co-owner $500,000. 130 acres undeveloped Co-owner 130,000. 1 lot Co-owner 3,000. Personal property: Cash $1,000. Household goods and wearing apparel 2,000. Automobiles 1,...
Views: 1
OPINION This matter comes before the Court on the motion of the Debtor, CADILLAC RECREATION, INC., for a determination that the INTERNAL REVENUE SERVICE is bound by the confirmed plan and that it may not collect a 100% penalty under Section 66721 of the Internal Revenue Code from Warren Nichols, the President and major stockholder of the Debtor. The Debtor filed a Chapter 11 petition in bankrup...
Views: 0
OPINION Before the Court is the motion of the Internal Revenue Service to alter or amend this Court’s Opinion and Order dated July 31, 1992, finding the Internal Revenue Service liable to the Debtors, JAMES DEAN BOLDMAN and PAULA ANN BOLD-MAN, D/B/A PAULA’S HAIR DESIGNERS (BOLDMANS), for reasonable attorney’s fees and expenses pursuant to Section 362(h) of the Bankruptcy Code. 147 B.R. 44...
Views: 1
REASONS FOR DECISION These matters came on for hearings on October 28, 1992, on the Motion for Examination of Debtors’ Transactions with Debtors’ Attorney, the Motion for Disgorgement filed by the Farm Credit Bank (“FCB”) directed to the Arens Law Firm and the Intervention by the Trustee. Also *93 on for hearing was the Motion to Withdraw as Counsel to the Debtors filed by El...
Views: 0
*167 OPINION 1 Introduction Presently before the Court is the motion of Sharon Steel Corporation, a Delaware corporation, Sharon Specialty Steel, Inc. and Monessen, Inc. (collectively, “Debtor”) for an Order Granting Debtors-in-Possession Authority to Use Cash Collateral (“Motion”). Sharon Steel Corporation, a Pennsylvania corporation (“Old Sharon”), operated und...
Views: 0
MEMORANDUM OF DECISION I. Introduction Chapter 7 Trustee, Charles W. Daff (“Trustee”) filed an adversary complaint against Defendant, Regal Recovery Agency, Inc. (“Regal Recovery”) seeking to avoid and recover $9,904.50 of alleged preferential transfers pursuant to 11 U.S.C. § 547. Regal Recovery filed a motion to dismiss, or in the alternative, for judgment on the pleadings. Regal R...
Views: 1
OPINION Debtors John and Cathleen Kennedy seek confirmation of their Chapter 11 plan. The plan proposes to pay off a foreclosure judgment on their residence over a twenty year period, with interest. The holder of the foreclosure judgment, Dominion Bane-shares Mortgage Company, (“Dominion”), objects to the plan. Dominion acquired a purchase money mortgage on the debtors’ residence...
Views: 1
MEMORANDUM OPINION Sealey Brothers, a Missouri partnership (debtor), brings this adversary proceeding to void the lien of Farmers Home Administration (“FmHA”) on the partnership's farm real estate. This is a core proceeding under 28 U.S.C. § 157(b)(2)(K) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I fi...
Views: 1
OPINION I The bankruptcy court held that actual disbursement of receipts is a prerequisite to allowance and payment of interim fees to a Chapter 11 trustee. We REVERSE and REMAND. *895 II FACTS On January 16, 1991, J. Wayne and Jean M. Stewart (“Debtors”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code (“Code”). On December 18, 199...
Views: 0
dissenting: I respectfully dissent. It seems to me that the trial court’s determination that the September 21, 1991 letter supports the finding of an “account stated.” I do not believe that the finding is clearly erroneous. There is absolutely no evidence of a “mistake” by any “party” to the transaction. Although the amount of interest could have been calculated differently, there is no evidence o...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Hearing on Application of Mark Schlachet, Attorney for Debtor, for Allowance of Fees/Expenses. A Hearing was convened and only the Trustee, John Hunter, Sr., (hereafter “Trustee”) appeared. The parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The ...
Views: 0
ORDER RE: MOTION TO APPROVE ADMINISTRATIVE SERVICES AGREEMENT The matter before the court is the debt- or’s amended motion seeking approval of a Management Services Agreement entered into between the debtor and Terra Industries, Inc. (TERRA). Western Water Company (WESTERN WATER) objects to the motion. Hearing was held on May 25, 1993, in Sioux City. Yuba WestGold, Inc.’s first effort to ob...
Views: 0
ORDER RE: SEALING OF LISTS AND SCHEDULES I. The matter before the court is the motion filed by the debtors requesting that certain schedules, lists and portions of the statement of affairs be sealed by the court. The motion was filed February 19, 1993, at the outset of the cases. A preliminary order granting the motion was issued by the district court. That preliminary order was continued b...
Views: 0
MEMORANDUM OPINION AND ORDER This is the court’s decision on the motion in the above adversary proceeding by defendants Bruce W. McConkey, Benjamin Kirkham and Jennings Boyce to dismiss or for summary judgment. It is apparent to the court that matters other than the allegations of the adversary complaint will be considered, and therefore the court considers only the motion for summary judgmen...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Debtors’ Objection to Certain Claims of the *671 Internal Revenue Service (hereafter “IRS”)- A Hearing was held on the matter and Counsel agreed to submit written arguments. The Debtors filed a Brief in Support, and the IRS filed both a Brief in Support and a Reply Brief. The Court has considered the arguments of counsel, sup...
Views: 0
*785 ORDER RE: MOTION TO AVOID LIEN The matter before the court is debtors’ motion to avoid the lien of Cascade Lumber Company. Hearing was held May 4, 1993 in Cedar Rapids, Iowa. The court now issues its findings of fact and conclusions of law as required by Fed.R.Bankr.P. 7052. This is a core proceeding under 28 U.S.C. § 157(b)(2)(K). Findings of Fact The debt...
Views: 1
ORDER RE: MOTION FOR ORDER OF CONTEMPT The matter before the court is Duane A. Dencklau’s motion for order of contempt against certain parties for violation of the automatic stay. Hearing was held January 21, 1993 in Fort Dodge, Iowa. This is a core proceeding under 28 U.S.C. § 157(b)(2)(0). Findings of Fact On August 6, 1992, Duane Dencklau and Lynn Dencklau filed their chapter 7 bankrup...
Views: 0
ORDER RE: TRUSTEE’S FINAL REPORT AND ACCOUNT, REPORT ON CLAIMS AND OBJECTIONS THERETO The matter before the court is the trustee’s final report and account and claims report filed February 12, 1993. The Small Business Administration (SBA), Jean Gehrke and Security Bank (BANK) filed objections to the reports. Hearing was held in Cedar Rapids, Iowa on April 7, 1993. The SBA objected to the trus...
Views: 1
ORDER RE: OBJECTION TO TRUSTEE’S FINAL REPORT Auto Parts Warehouse of Des Moines, Inc. (WAREHOUSE) objected to the trustee’s Final Report and Account. Hearing was held May 5, 1993, in Cedar Rapids. At the hearing, counsel for Warehouse and Michael C. Dunbar, the trustee (TRUSTEE), argued the merits of the objection and agreed to file a subsequent stipulation of facts. The stipulation was ...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion and Memorandum of Marguerite F. Hall; Notice of Supplement; and Trustee’s Memorandum In Response To Request Of Marguerite F. Hall to Have A Tardily Filed Claim Treated as Timely Filed. The Court has reviewed the written arguments of Counsel and the Trustee, supporting affidavits, and exhibits, as well as the entire re...
Views: 0
MEMORANDUM OF OPINION , AND ORDER The U.S. Trustee seeks to obtain a dismissal of the Debtor’s Chapter 7 case pursuant to provisions of § 707(b) of the Bankruptcy Code [11 U.S.C. 707(b) ]. In view of the foregoing findings of fact and conclusions of law, said motion to dismiss is hereby denied. On April 30, 1993, Michael Marshalek (Debtor) filed his voluntary Chapter 7 petition for bankru...
Views: 1
MEMORANDUM OPINION AND ORDER This case comes before the Court on the Debtors’ Motion to Avoid a Judgment Lien on their residential property by Citizens National Bank (hereafter “Citizens”), and Debtors’ Motion to Avoid a Nonconsensual Judgment Lien by Citizens on Debtors’ residential and nonresidential properties. Debtors claim that the lien on the residential property impairs their j...
Views: 5
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs’ Motion for Summary Judgment and Defendant’s Response. The Court has reviewed the written arguments of counsel, supporting exhibits and cases, as well as the entire record in the case. Based upon that review, and for the following reasons, Plaintiffs’ Motion for Summary Judgment should be Denied; and Defendant’s ob...
Views: 0
MEMORANDUM OPINION AND ORDER This ease comes before the Court on a Motion by the Trustee to Impose Sanctions on Debtors’ Attorney, James Hitchcock, for Failure to Comply with Rules Providing for Discovery. The Court has reviewed the *685entire record of this matter. Based upon that review, and for the following reasons, Trustee’s Motion is Denied. FACTS Diane W. French, Attorney for Trustee, Bru...
Views: 0
ORDER ON DEBTOR’S MOTION TO REDEEM Debtor has moved to redeem a 1988 Mercury Cougar, on which Ford Motor Credit Company holds a lien. At the hearing held on August 30, 1993, I found that such vehicle has a value of $4,650.00. The remaining issue is whether the redemption value must be paid in cash, as argued by Ford, or can instead be paid in installments. I hold that the redemption v...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon D.M. Reid Associates, Ltd./Midwest’s (hereafter “D.M. Reid”) Motion for Order Compelling Trustee, John J. Hunter, (hereafter “Trustee”) to Turnover Funds Under His Control. At the evidentiary Hearing, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reach...
Views: 0
ORDER This matter arises on the debtors’ objection to the claim of the Arizona Department of Revenue, which asserts a $7,000 priority income tax claim. 11 U.S.C. § 507(a)(7). Since debtors did not file returns for the relevant period, creditor filed an estimated claim. The joint debtors are Native Americans. Mrs. Smith is an enrolled member of the Hopi Tribe. Mr. Smith ethnically is ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Plaintiff’s Motion for Summary Judgment in which Plaintiff seeks Orders determining that the mortgage of GlenFed Financial Corporation (hereafter “GlenFed”) has priority over the mechanic’s lien of Strable Paving, Incorporated (hereafter “Strable”) and removing Strable’s mechanic’s lien from the records of the Def...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiff’s Motion for Partial Summary Judgment and Defendant’s Motion for Summary Judgment. Both parties had the opportunity to conduct discovery and have submitted briefs arguing their position on the instant issue. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons, this...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon the Debtors’ Motion to Void Lien filed May 4, 1993. The lien is a judgment lien on the Debtors’ residence held by creditors Joseph and Shirley Cain. Initially the Court notes that the Motion fails to comply with the mandates of In re Gomez, 140 B.R. 796 (Bankr.Colo.1992), and must be denied on that basis. But more import...
Views: 0
MEMORANDUM OPINION Debtors filed their petition for relief in April of 1993, and the Trustee filed objections to the claimed homestead exemption of $8,000.00. The reason for the objection was that debtors were not the fee simple owners, instead holding title under a contract for deed with Balboa Mortgage Company. Said objections were timely filed and the issues have now been submitted to the ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Motion for Summary Judgment to Determine Dischargeability of Support Debts and Obligations. Defendant did not file a Motion for Summary Judgment or responsive pleading. The Court has reviewed the written arguments of counsel, supporting affidavits, and exhibits, as well as the entire record in the case. Based upon...
Views: 0
MEMORANDUM OPINION AND ORDER This case comes on for Trial before the Court on Plaintiff’s Complaint to Determine the Dischargeability of Defendant/Debtor’s (hereafter “Debtor’s”) Lump Sum Judgment in favor of the Plaintiff. The Lump Sum Judgment reflects sums due and owing for house payments and health insurance premiums pursuant to the Decree of Dissolution of the marriage and Separation Agr...
Views: 0
DECISION and ORDER ON MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding grows out of a sealed bid sale of assets of defendant C. Schmidt Company (“Schmidt”), debtor in a related Chapter 11 case. Plaintiff was the successful bidder at the sale and now asserts that it did not receive all of the assets to which it was entitled, particularly due to the conduct of defendant INB National Bank (“IN...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiff’s Complaint to Determine Dis-chargeability of Debt and Motion for Summary Judgment. Both parties had the opportunity to conduct discovery and have submitted briefs arguing their position on the instant issue. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons...
Views: 3
ORDER ON PLAINTIFF’S MOTION FOR A PROTECTIVE ORDER In this adversary proceeding, plaintiff asserts claims for alleged fraudulent conveyance, equitable subordination, and lender liability. Presently, defendant projects the taking of the depositions of officers of J.D. Irving, Ltd. (“Irving”). Irving is not a party herein, but is a member of the plaintiff creditors’ committee. In its discovery, defe...
Views: 0
DECISION Before the court is a complaint filed by Chapter 13 debtor Sonya T. Washington (“debtor”) to avoid a lien asserted by defendant Nissan Motor Acceptance Corporation (“Nissan”) pursuant to 11 U.S.C. § 1327(c). The parties submitted this matter to the court for decision based upon an agreed fact stipulation and memoranda. *723 This court has jurisdiction of this matter...
Views: 0
DECISION ON OBJECTION TO CLAIM OF SEATTLE SCHOOL DISTRICT Before us is an objection by Eagle-Pieher Industries, Inc. (“EPI”) to a late-filed proof of claim filed by the Seattle School District (“Seattle”). At a pretrial conference, the parties agreed that the facts are undisputed, and that EPI’s objection could be resolved based on memoranda already filed and post-conference memoranda. The plea...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER came before the Court on May 5, 1993 for a trial regarding Plaintiff’s Complaint filed pursuant to 11 U.S.C. § 523(a)(2)(A). Plaintiff, Visa First Card, an issuer of Visa charge and cash advance cards, (“Visa”) seeks to except from discharge its claim on a card issued to the Debtors on the grounds that the Debtors falsely represented that they had ...
Views: 1
MEMORANDUM OPINION Before MERHIGE, District Judge, and BLACKWELL N. SHELLEY, Bankruptcy Judge. This matter came before the Court on August 23, 1993, on a motion by Daikon Shield Claimant, Carolyn C. O’Connor, to vacate an arbitration decision that denied her claim in its entirety. Claimant also asks the Court to order a rehearing before a different arbitrator. Statement of Facts O’Conno...
Views: 0
ORDERS RE: OBJECTION TO FINAL REPORT and MOTION TO EXTEND TIME The matters before the court are a motion by the debtors to extend the time for filing a proof of claim and the debtors’ objection to the trustee’s final report and accounting. Hearing on these matters was held on March 11, 1993 in Cedar Rapids. 1 Mary Junge appeared on behalf of the debtors; Thomas G. McCuskey ...
Views: 1
DECISION The debtor filed a petition under chapter 7 of the Bankruptcy Code on January 11, 1991, and the plaintiff, Michael F. Dubis, was appointed trustee on the same date. On April 17, 1991, the trustee filed a complaint against Heritage Bank and Trust Company (“Heritage Bank”) alleging that a preferential transfer had occurred. On May 16, 1991, Stephen C. Mills and Guy D. Trecroci, the sole ...
Views: 1
DECISION ON MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT Metromedia Company (“Metromedia”), the plaintiff, has moved for summary judgment under Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 in this adversary proceeding it commenced against the debtor, William D. Fugazy, Sr., to declare the nondis-chargeability of its debt under 11 U.S.C. §§ 523(a)(2)...
Views: 2
MEMORANDUM OPINION This matter comes on to be heard upon the adversary complaint filed by Ohio Casualty Insurance Company (“Ohio Casualty”) against the Debtor, Albert R. Smith (“Debtor”) seeking a determination that its debt is nondischargeable pursuant to § 523(a)(2)(B) of the Bankruptcy Code. Ohio Casualty filed a trial brief after which a one day trial was held. Upon hearing the testimony of t...
Views: 0
ORDER GRANTING “MOTION FOR SUMMARY JUDGMENT” Plaintiff Vivian S. Nemec (“Nemec”) brought her complaint commencing this adversary proceeding against defendant Bruce Bolzle (“Bolzle”), seeking exception to discharge under 11 U.S.C. § 523(a)(2)(A). That statute excepts from discharge “any debt ... for money, property, services, or an extension, renewal, or refinancing of credit, to the extent ob...
Views: 0
*967 MEMORANDUM OPINION This Court has carefully considered Defendants’ Amended Motion for Determination That This Adversary Proceeding is a Non-Core Matter and Motion for Order Recommending Withdrawal of the Order of Reference and Plaintiffs Response and rules that it lacks subject matter jurisdiction. Therefore, Defendant’s Amended Motion is dismissed. BACKGROUND Several years ago R...
Views: 3
MEMORANDUM OPINION These proceedings are before the Court for a consolidated hearing in three separate cases filed under Title 11, United States Code, Chapter 13. In each case Internal Revenue Service (IRS) filed proofs of claim and the trustee filed contests of the IRS claims. The facts of each case are slightly different, but the dispositive issue is the same in each case. The Court must de...
Views: 0
MEMORANDUM OF DECISION The parties to this litigation are a corporate parent, Franklin Savings Corporation (“FSC”), and its subsidiary, Franklin Savings Association (“FSA”). The parent, FSC, is the debtor in bankruptcy. The subsidiary, FSA, is a stock savings and loan association chartered under the laws of the State of Kansas. FSA is represented in this proceeding by its FIRREA ...
Views: 1
MEMORANDUM OPINION Mastercraft Graphics, Inc. (the debtor) filed a voluntary petition for relief under the provisions of Chapter 11 on October 17, 1991. The case was converted to a case under Chapter 7 by order entered on January 28, 1992, and Marika Tolz was appointed trustee. On July 14, 1992, the trustee commenced this adversary proceeding against Signal Capital Corporation (Signal...
Views: 0
OPINION I. INTRODUCTION. Debtor’s former employees seek a declaration that their right to receive unpaid wages from proceeds of “goods” produced in violation of the Fair Labor Standards Act 1 (the “FLSA”) (colloquially known as “hot goods”) 2 is superior to the rights of a creditor holding a perfected security interest in Debtor’s accounts receivable...
Views: 2
OPINION I. INTRODUCTION. Before the court is the motion for summary judgment by the City of Santa Clara (the “City”) and Redevelopment Agency *1005 for the City of Santa Clara (the “Agency”) and the counter-motion for summary judgment by SCCC Associates II Limited Partnership (the “Debtor”). The motions concern, among others, the following issue: Whether...
Views: 1
AMENDED MEMORANDUM, OPINION AND ORDER This matter is before the court on the objections of EquiVest Inc., the successor to Realty South Investors, to the confirmation of the plan of the Debtor, SM 104 Limited. For the reasons stated below, the court denies confirmation. FACTS The Debtor, SM 104 Limited, is a limited partnership which owns and operates an office complex c...
Views: 2
MEMORANDUM OPINION ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT JURISDICTION Defendants filed a motion for summary judgment. This court has jurisdiction in this matter pursuant to 11 U.S.C. § 1334(a) (the district courts shall have original and exclusive jurisdiction of all cases under Ti- *1019 tie 11), 28 U.S.C. § 157(a) (authorizing the district courts to refer all Titl...
Views: 0
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT This matter is before the Court on Ag Credit, ACA’s (“Ag-Credit”) motion for *950 summary judgment against William and Joyce Walton (“Debtors”) for denial of a discharge under 11 U.S.C. § 727(a)(2)(A) for an alleged fraudulent transfer prepetition and under 11 U.S.C. § 727(a)(3) for failure to keep adequate records. Ag Credit further seeks...
Views: 0
MEMORANDUM DECISION This matter comes before the Court on the Trustee, James E. Carmel’s, Motion to Enjoin Quest Equities Corporation (“Quest”) from prosecuting either its garnishment or citation to discover assets proceedings against Nisen & Elliot and Donald C. Shine. It further requests the Court make a finding of contempt and as a sanction therefore impose costs against Quest for expenses inc...
Views: 0
MEMORANDUM AND ORDER Many states have statutes requiring taxpayers to file an amended tax return if the taxpayer’s federal tax liability is found to be different as to a given tax year. This is a Motion by the State of Georgia seeking Summary Judgment dismissing the Debtor’s Complaint. The Complaint prays for a determination that the Debtor’s unpaid 1986 personal income tax liability to the...
Views: 1
ORDER Jan M. Brown (“debtor”) filed this adversary proceeding against the United States of America alleging a violation of the permanent injunction of 11 U.S.C. § 524 and a violation of the stay of 11 U.S.C. § 362 by the Internal Revenue Service (“IRS”). In its answer the IRS asserts that this court lacks subject matter jurisdiction over the action because the government has not waived so...
Views: 1
DECISION AND ORDER INTRODUCTION Before the Court is a motion under Section 505(a) of the Bankruptcy Code (11 U.S.C. § 505(a)) to determine the Federal income tax liability of Edythe Turgeon (“Debtor”). The case is unusual in that after many years of battle, the IRS has agreed with her original 1979 and 1980 income tax returns. However, she never paid the 1980 liability that she had declar...
Views: 0
MEMORANDUM OF DECISION This Court has jurisdiction as a core proceeding under 28 U.S.C. § 157(b)(1), (2)(E)(J), 11 U.S.C. § 548 and 11 U.S.C. § 727(2), (3), (4) and (5). This Memorandum of Decision constitutes findings of fact and conclusions of law under F.R.Civ.P. 52 as made applicable under Rule 7052 of the Federal Rules of Bankruptcy Procedure. The Plaintiff as Trustee of the estate of the Deb...
Views: 0
MEMORANDUM OF DECISION This Court has jurisdiction over this core proceeding under 28 U.S.C. § 157(b)(1), (2)(F), (H); 11 U.S.C. § 544, 11 U.S.C. § 547, 11 U.S.C. § 548, 28 U.S.C. § 1334 and the General Order of Reference of the United States Bankruptcy Court for the Southern District of Florida issued under 28 U.S.C. § 157(a). This Memorandum of Decision constitutes findings of fact...
Views: 0
MEMORANDUM OPINION Robert Slone, chapter 7 trustee, has brought this adversary action against defendant Integra Bank/Pittsburgh (“Integ-ra”), successor to Union National Bank of Pittsburgh (“UNB”). The complaint consists of two counts. Count I asserts that a preferential transfer of debtor’s interest in property took place for the benefit of UNB, in violation of 11 U.S.C. § 547(b). Co...
Views: 0
ORDER ON DEBTOR’S MOTION TO DISGORGE FEES AND/OR TO COMPEL FEE APPLICATION. OF DREW SHERIDAN THIS CAUSE having come on before this Court on Debtor’s Motion to Disgorge Fees *884 and/or Compel Fee Application of Drew Sheridan, former Bankruptcy Counsel, and the Court having heard argument of Counsel on July 16, 1993 and being otherwise fully apprised of the premises would state the following: ...
Views: 0
DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFF IN PART AND GRANTING SUMMARY JUDGMENT TO DEFENDANT IN PART This matter is before the court upon the motions for summary judgment filed by both parties. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(I) — determinati...
Views: 1
MEMORANDUM DECISION ON DONNA BUMGARDENER, TRUSTEE’S MOTION TO WAIVE REQUIREMENT FOR REMITTING ORIGINAL CHECKS AND BANK STATEMENTS TO U.S. TRUSTEE’S OFFICE The Panel Trustee, DONNA BUMGAR-DENER, (“Trustee”) seeks an order from this Court allowing her to waive the requirement of the United States Trustee (“UST”) that all original checks and bank statements be submitted along with the Trustee’s fi...
Views: 1
SUMMARY ORDER Trustee’s Objection to Claim of Bailey Oil Co., Inc. (Bailey Oil) and Bailey Oil’s Motion to Allow Late Filed Claim are before the Court on an uncontroverted set of facts. The issue presented is a question of law which will be addressed herein. Idaho Norland Corporation filed for Chapter 7 relief on August 21, 1991. On August 23 the Clerk’s Office sent a Notice of the Commencement of...
Views: 0
158 B.R. 523 (1993) In re F.W.D.C., INC., et al., Debtors. Bankruptcy Nos. 92-22736-BKC-AJC to 92-22744-BKC-AJC, and 92-32738-BKC-AJC to 92-32747-BKC-AJC. United States Bankruptcy Court, S.D. Florida. August 18, 1993. John D. Eaton, Timothy J. Norris, c/o Mershon Sawyer, Johnston Dunwoody & Cole, Miami, FL, for Chase Manhattan Bank. Paul L. Orshan, c/o Kluger, Peretz, Kaplan & Berlin, P.A...
Views: 0
OPINION ON MOTION FOR SUMMARY JUDGMENT This matter is before the court on the motion for the Plaintiff, George M. Dewberry, for summary judgment. The following procedural and factual history appears to be uncontroverted from the pleadings, affidavits, exhibits and admissions of the parties. The Plaintiff commenced this adversary proceeding against the United States challenging th...
Views: 1
MEMORANDUM The question presented is whether the general partner of a Tennessee partnership has authority to file a voluntary Chapter 11 petition for the partnership if the general partner is a debtor in an individual Chapter 7 case. The general partner was without authority to commence this voluntary Chapter 11 case. The following are findings of fact and conclusions of law. Fed. R.B...
Views: 0
DECISION AND ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY This matter is before the court upon the motion of Arcorp, Inc., dba Shastar (“Shas-tar”), for relief from the automatic stay of 11 U.S.C. § 362. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This proceeding is a core proceeding under 28 U.S.C. § 157(b)(...
Views: 0
THIS CAUSE came on to be heard on May 17, 1993 upon receipt of a handwritten letter by pro se Debtor, Joseph W. Meóla, requesting that the Court confirm that his trailer home qualifies as an exempt homestead under Florida homestead statutes. Mr. Meóla filed a Chapter 7 bankruptcy petition on March 23, 1993. Although the trustee has not filed an objection to the characterization of the trailer h...
Views: 0
ORDER THIS CAUSE was heard April 20, 1993 upon the April 15, 1993 Order Setting Additional Argument to determine whether to strike a notice of removal, or consider a notice of removal and transfer venue, or remand this case to the District Court. 1 The Problem A creditor in a bankruptcy case pending in Maine filed suit against another creditor in the Maine bankruptcy...
Views: 0
MEMORANDUM OPINION DENYING MOTION TO REJECT EXECUTORY CONTRACT In 1872, the ancestors of the present litigants concocted a secret formula for the manufacture of rum. This was done on the island of Cuba which was at that time a Spanish possession. Debtors Exhibit No. 52 chronicles the events from 1872 to the present and includes business dealings, family feuds and litigation among thre...
Views: 8
OPINION REGARDING MESC’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION On November 19, 1991, Marcellus Wood & Trucking, Inc. (the “Debtor”) filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. 1 On December 4, 1992, the Debtor filed this adversary proceeding against the Michigan Employment Security Commission (“MESC”), asking this court, pursuan...
Views: 0
MEMORANDUM OF DECISION Before the Court is the Motion for Summary Judgment filed by Defendant United States of America. After a review of the record and briefing, there are no genuine issues of material fact, only questions of law, and therefore summary judgment is appropriate. F.R.B.P. 7056. FACTS. The material facts viewed in a light most favorable to Plaintiffs can be stated briefly. P...
Views: 0
SUPPLEMENTAL OPINION This matter is before the Court on the plaintiff’s motion for summary dismissal of the defendant’s counter-complaint. This opinion supplements the bench decision given on April 29, 1993, granting the motion. I. John Lock is the debtor in this Chapter 7 proceeding. Ester Lock is the debtor’s former spouse, and the plaintiff in this adversary proceeding. The parties were divor...
Views: 0
ORDER OVERRULING OBJECTION TO HOMESTEAD EXEMPTION The Trustee objects to the Debtors’ claim of homestead exemption on a motor home. The Court heard the matter on July 6, 1993. Upon review of the evidence and the submitted memoranda, the Court overrules the objection and allows the claimed exemption. FACTS In 1988, the Debtors, Thomas Anthony Mangano and Eileen Mangano, sold their home i...
Views: 0
MEMORANDUM OF OPINION ON JURISDICTION The principal issue presented in this case is whether the court has jurisdiction over the Debtor’s Complaint to Compel Turnover of Property under 28 U.S.C. § 157 (West Supp.1992). The court holds that it has jurisdiction over this adversary action because the defendants, Carpenter and Martin, consented to jurisdiction when they filed a proof of claim ...
Views: 0
MEMORANDUM OPINION Debtor filed his petition for relief under Chapter 7 in this Court on or about March 25, 1993. Among the debts listed was an obligation to the FCC National Bank for $5,920.04. This debt was credit card incurred and was comprised of $550.00 for cash advances and $5,325.04 for purchases of goods and services, $30.00 for over limit fees and $15.00 for late payment fees. FCC Na...
Views: 0
MEMORANDUM OPINION Debtors’ interim chapter 13 plan of reorganization provides for payment of $12,-460.00 to the Internal Revenue Service (“IRS”) and for payment of $800.00 to the State of Maryland Income Tax Division for unpaid taxes. Debtors have brought the present adversary action pursuant to 11 U.S.C. § 505(a)(1). 1 They seek a determination that the above sums are the...
Views: 0
MEMORANDUM OF DECISION Danny Dumond (the “Debtor”) is a Chapter 11 Debtor who owns and operates a business in Scarborough, Maine known as the Goldstein Steel Company. In 1987, the Debtor became involved in litigation with the Hibiscus Corporation (“Hibiscus”), a corporation sharing a common boundary with the Debtor’s business. On June 10, 1992, Hibiscus obtained a judgment against the Debtor fo...
Views: 0
DECISION and ORDER John Jay Davis and Donna Sue Davis (“Debtors” herein) filed an amended complaint for damages on April 20, 1993. Thereafter, on May 11, 1993, defendant Avco Financial Services of Indianapolis, Inc. (“Avco”) filed a MOTION TO DISMISS AND FOR SANCTIONS, and on June 1, 1993, defendants Sweeney, Daba-gia, Donoghue & Thorne and William Janes filed a MOTION TO DISMISS also...
Views: 0
ORDER Heard on August 19, 1993, on this Court’s sua sponte Order to Show Cause regarding counsels’ failure to file a Joint Pre-trial Statement in the above captioned adversary proceeding, as ordered. This unnecessarily prolonged matter has previously been scheduled for show cause hearings, and counsel have requested and been granted three extensions already. The most recent filing deadline, set...
Views: 0
ORDER AND MEMORANDUM OPINION Plaintiff Gladys Davis filed a motion to lift the automatic stay to require the trustee to turn over property she alleged belonged to her. The court holds the personal property does not belong to plaintiff, but is property of debtor’s bankruptcy estate under 11 U.S.C. § 541(a)(1), because plaintiff either gifted the property before bankruptcy or abandoned it. All pa...
Views: 1
STATEMENT OF REASONS, FINDINGS OF FACT, AND LEGAL AUTHORITY, FILED IN COMPLIANCE WITH ORDER OF REMAND Heard on May 20, 1993 on the District Court’s Order remanding this proceeding to the Bankruptcy Court “for a statement of reasons, findings of fact, and legal authority for its May 26, 1992 summary granting of Trustee’s Motion ... that the debtors’ counsel ‘immediately turnover to the...
Views: 0
DECISION AND ORDER Heard on April 14 and 20, 1993 to determine the amount of Robert Aube’s claim against the Estate, which arises out of an alleged remaining forty year leasehold interest in the Debtors' real estate. Previously, on October 2, 1992, after hearing on Robert’s objection to the Trustee’s notice of intended sale of the property, he was paid $33,000 on account of said claim, whereu...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the Motion of Specialty Equipment Companies, Inc. (Specialty) For Summary Judgment Denying Kathryn Strait’s (Strait) Motion To Enlarge Time For Filing Proof Of Claim; Memorandum Of Law In Support Of Specialty’s Motion; Memorandum Of Law In Opposition to Specialty’s Motion; and Reply Brief Of Specialty. Specialty is represented b...
Views: 0
ORDER Before the Court is Plaintiff-Debtors’ Motion for Summary Judgment. The underlying adversary proceeding is to determine the dischargeability of certain debts for income taxes, penalties and interest and is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). The Court will deny Plaintiffs’ Motion based upon the following findings and conclusions. FACTS Plaintiff...
Views: 0
MEMORANDUM OF DECISION This is a core proceeding and this Court has jurisdiction under 28 U.S.C. §§ 157(b)(2)(E), (H); 28 U.S.C. § 1334 and the General Order of Reference of the United States Bankruptcy Court for the Southern District of Florida. This Memorandum of Decision constitutes findings of fact and conclusions of law issued under F.R.Civ.P. 52 as made applicable under Rule 7052 of the Fed...
Views: 0
OPINION A debtor in possession sued in the Northern District of California to recover on a preference claim of $547.88 which had been paid to a vendor in Akron, New York. Finding venue improper pursuant to 28 U.S.C. § 1409(b), the court dismissed the complaint. In re Little Lake Industries, Inc., 146 B.R. 463 (Bankr.N.D.Cal.1992). FACTS AND PROCEEDINGS BELOW The r...
Views: 0
159 B.R. 220 (1993) In the Matter of F & C INTERNATIONAL, INC., Debtor. Bankruptcy No. 93-11688. United States Bankruptcy Court, S.D. Ohio, W.D. September 30, 1993. *221 Thomas Kilcoyne, Cohen, Todd, Kite & Stanford, Cincinnati, OH, Richard Pachulski, Pachulski, Stang, Ziehl & Young, Los Angeles, CA, for petitioner. James R. Cummins, Brown, Cummins & Brown Co., LPA, Cincinnati, OH...
Views: 0
MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR APPROVAL OF ATTORNEY’S FEES I. ISSUE At issue in this litigation is whether the plaintiff, the prevailing party in a Bankruptcy Code § 523(a)(4) exception to discharge proceeding, is barred from recovering attorney’s fees because it failed to sufficiently plead in its complaint a claim for attorney’s fees and produced no e...
Views: 0
MEMORANDUM OPINION The Debtor, Charles Norval Sharpe, Jr., filed a voluntary petition on April 26, 1976 under the Bankruptcy Act of 1898 (the “Act”) 1, and a discharge was granted on January 28, 1981. The Trustee, Gene De-Leve, filed his Final Report on September 25, 1990. The Court issued a Final Decree closing the case and discharging the Trustee on January 24,1991. On December 30,1991, the T...
Views: 0
MEMORANDUM OPINION Debtors filed their petition for rehabilitation under Chapter 13 on July 22, 1993. They have timely filed their plan and timely commenced their payments. The issue coming before the Court is what value the plan should allocate to the farm that is the main asset in the bankruptcy estate. More precisely, that issue is whether the hypothetical costs of foreclosure and sale sho...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon (1) defendant’s motion to quash service of process or in the alternative to *872 dismiss for failure to prosecute in accordance with Court order as to preparation, service and return of process and establishing motion hearing procedure; (2) defendant’s motion to dismiss for failure ...
Views: 0
OPINION The appellants filed adversary proceedings to determine the dischargeability of debts after the deadline set forth in the original notice sent by the bankruptcy court but before the deadline set forth in a later notice which the bankruptcy court subsequently vacated. These appeals arise from the bankruptcy court’s orders dismissing the complaints as untimely. We REVERSE the bankruptcy...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court on debtor’s objection to claim 25 filed by Burger King Corporation (“Burger King”) and Burger King’s Motion to Allow and Estimate Claim for Plan Voting Purposes. The Court held hearings on May 13, 1993, and June 4, 1993. Upon the evidence presented, the Court enters the following findings of fact and conclusions of ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon objections filed by American Honda Finance Corporation (“Honda”) and Dixie International, Inc. (“Dixie”) to exemptions claimed by debtor. A hearing was held on May 12, 1993, and upon the evidence presented, the *511 Court enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT Debtor was the ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon debt- or’s objection to claim filed by the United States Internal Revenue Service (“IRS”) *865 and upon deb tor/plaintiff’s declaratory-judgment proceeding seeking a determination whether the classification of plaintiff’s workers as employees rather than independent contractors is correct. Plaintiff and defendant agree...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon motion for administrative expense of Southeast Frozen Food Company, Limited Partnership (“Claimant”). A hearing was held on December 10, 1992, and June 6, 1993, and upon the evidence presented the Court enters the following findings of fact and conclusions of law: Findings of Fact Finevest Foods, ...
Views: 0
Findings of Fact and Conclusions of Law This case is before the Court upon the Second Report on Trustee’s Objections to Claims. The Trustee objects to claims 180 and 207 filed by the Internal Revenue Service (“IRS”). Hearings were held on February 26, 1993, March 19, 1993, and April 16, 1993. Upon the evidence presented the Court enters the following findings of fact and conclusions o...
Views: 0
MEMORANDUM I. INTRODUCTION The matter before the Court is the “Motion for Remand of Adversary Proceedings or Alternatively, for Abstention from Proceedings” filed by Southern Marine and Industrial Services, Inc. (“Southern Marine”), the Plaintiff in the above-captioned adversary proceeding that was removed to this Court from the Suffolk Superior Court on July 9, 1993 by AK Services, ...
Views: 0
MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS This adversary proceeding came on for hearing before the Court on July 29, 1993 on a Motion to Dismiss, filed by defendant United States of America, Department of Health and Human Services (HHS), and plaintiff’s Objection thereto. For the reasons recited into the record at the conclusion of the hearing, incorporated herein by reference and mor...
Views: 0
MEMORANDUM OPINION AND ORDER APPROVING DEBTORS’ USE OF CASH COLLATERAL UNTIL APPROPRIATE HEARING CAN BE HELD These cases are before the Court upon the “Debtors’ Ex Parte, Emergency Motion For Use Of Cash Collateral And Interim Postpetition Financing” filed July 27, 1993 *553 requesting immediate entry of an interim order authorizing use of cash collateral pursuant to an exten...
Views: 0
MEMORANDUM OPINION 7. INTRODUCTION Before the Court for decision is the trustee’s amended complaint for recovery of approximately $400,000 which was allegedly preferentially transferred to the failed New England Allbank (“Allbank”). The Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver for All-bank and has moved to dismiss the complaint with prejudice pursuant to 12 U.S.C. § ...
Views: 0
ORDER AVOIDING TRANSFERS This adversary proceeding came on for hearing on June 8, 1993, on the parties’ cross-motions for summary judgment. Thomas J. Lallier and Bradley J. Halber-stadt appeared for the plaintiff and William C. Penkethman, Jr. and Steven L. Freeman appeared for the defendant. 1 This court has jurisdiction pursuant to 28 U.S.C. §§ 1334 and 157(a) and Local R...
Views: 0
MEMORANDUM OPINION The above captioned adversary proceedings came on for pretrial hearings before the Court on December 7, 1992 on virtually identical complaints to avoid defendant’s attachments of debtors’ assets as alleged preferential transfers. In response, the FDIC has moved to dismiss both adversary proceedings on the theory that 12 U.S.C. § 1821(d)(13)(D) operates as a categorical bar ...
Views: 1
ORDER DENYING DEBTOR’S MOTION TO MODIFY OR REJECT COLLECTIVE BARGAINING AGREEMENT Heard on August 25, 1993, on Debtor’s Motion to Modify or Reject Collective Bargaining Agreement with Laborers’ International Union of North America, Local 315. Previously, on July 29, 1993, an emergency hearing for interim relief under 11 U.S.C. § 1113(e) was held, wherein relief was denied based upon the Debto...
Views: 0
MEMORANDUM OPINION In this case, the Court must decide whether a solvent, wealthy individual may use Chapter 11 to renegotiate the terms of a divorce settlement he no longer favors. Under the facts presented, the answer is no. On November 21, 1992, Jane Moog, a creditor and former wife of the Debtor, filed a Motion to Dismiss this Chapter 11 Case or in the Alternative for Abstent...
Views: 1
*58 OPINION A INTRODUCTION The issue before this court is whether a bankruptcy filing by one of two general partners dissolved'a partnership and prevented the non-debtor general partner of that partnership from filing a bankruptcy on its behalf. Consistent with decisions of the immediate past Chief Judge of this court in In re Rittenhouse Carpet, Inc., ...
Views: 0
MEMORANDUM This adversary proceeding is before the court upon the plaintiffs’ complaint seeking an order declaring nondischargeable under § 523(a)(4) a certain obligation owed by the defendant to the plaintiffs. The parties submitted this proceeding for decision upon stipulated facts which are set forth as follows. I. The plaintiffs entered into an Agency Agreement with O.W....
Views: 2
MEMORANDUM OPINION This matter is before the Court upon the United States Trustee’s Motion to Dismiss filed pursuant to 11 U.S.C. § 707(b). The debtors filed a petition under Chapter 7 on January 27,1993. Schedule D lists secured debts totaling $56,800 consisting primarily of the mortgage debt on their home in the amount of $51,000. The debtors list no unsecured priority debts and unsecured n...
Views: 1
MEMORANDUM OPINION This matter came before the Court for trial on August 11, 1993, and was submitted for decision at the conclusion thereof. The parties agree that the issue in this matter is the attachment and perfection of a lien of defendant First National Bank of Pikeville (“the Bank”) on certain items of the debtor’s personal property. Findings of Fact The evidence offered at trial, inclu...
Views: 0
OPINION Background Lyons Transportation Lines, Inc. f/d/b/a CTS Acquisition, Inc., f/d/b/a Lyons Group, Inc., f/d/b/a Express Transport, Inc., f/d/b/a Transportation Brokers, Inc. filed a voluntary Petition under Chapter 11 of the Bankruptcy Code on October 19, 1990. On January 24, 1991, the case was converted to a proceeding under Chapter 7. As used in this Opinion, the term “Debtor” shall m...
Views: 0
*225 MEMORANDUM Southern Industrial Banking Corporation (SIBC) was an industrial loan and thrift company. The defendant bought a 30-day investment certificate from SIBC. A few days after the certificate matured, SIBC paid the defendant the face amount plus interest. SIBC filed bankruptcy the next month. The plaintiff is the trustee under SIBC’s Chapter 11 plan. He brought this suit against the ...
Views: 0
MEMORANDUM DECISION ON DEFENDANTS’ MOTION FOR PARTIAL VACATUR OF DECISION AND ORDER Roy Fugazy and Fugazy Limousine Ltd., joined by William D. Fugazy, 1 (collectively, the “Defendants”) seek to vacate that portion of a Memorandum Decision, Shimer v. Fugazy (In re Fugazy Express, Inc.), 114 B.R. 865 (Bankr.S.D.N.Y.1990), aff'd, 124 B.R. 426 (S.D.N.Y.199...
Views: 0
MEMORANDUM OPINION Richard S. France (“claimant”), a former employee of Lewis & Coulter, Inc. (“debt- or”), requests payment of $2,499.99 in vacation pay as an administrative expense pursuant to 11 U.S.C. § 503(b)(1)(A). Debtor opposes the request. It insists that any vacation pay to which claimant may be entitled does not qualify as an administrative expense because it accrued p...
Views: 2
ORDER GRANTING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT Trustee commenced this adversary proceeding seeking to avoid an alleged preferential transfer made by Debtor to Oklahoma Highway Credit Union (hereinafter “Credit Union”). This matter is now before the Court on Trustee’s Motion for Summary Judgment and Credit Union’s response thereto. The Court has reviewed the pleadings and applicable law, an...
Views: 0
MEMORANDUM AND ORDER ON OBJECTION TO THE DEBTOR’S DISCHARGE UNDER CODE § 727(a) On March 29, 1990, the defendant commenced this case under chapter 7 of the Bankruptcy Code. On July 20, 1990, Allegheny International commenced the instant adversary proceeding. The plaintiff, Mon-tey Corporation, is the successor-in-interest to Allegheny International. The plaintiff alleges that the defendan...
Views: 1
SUPPLEMENTAL MEMORANDUM OPINION On August 10, 1993, this Court heard Team Bank’s Motion for Reconsideration, New Trial, and Additional or Amended Findings of Fact (the “Motion”). The Motion relates to the statutory construction of § 41.002 of the Texas Property Code, and the constitutionality of the retroactive application of that statute in the context of bankruptcy exemptions. Team Bank ass...
Views: 1
MEMORANDUM OF OPINION The Plaintiff-Trustee filed the above-styled adversary complaint for turnover of property and money judgment. This is a core proceeding over which the Court has jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(A). The Defendant has moved for an order staying proceedings in the case. The Defendant has also requested that the Court refer the issues of rate reasonableness and r...
Views: 0
DECISION ON MOTION TO DISMISS COUNTERCLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND FOR SANCTIONS PURSUANT TO RULE 11 Plaintiff Hilda Gore, the executrix of the estate of Bernard Gore (“Gore”), has moved under Federal Rule of Civil Procedure 12(b)(6), made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7012(b), to dismiss counterclaims interposed by Defendant M...
Views: 0
MEMORANDUM DECISION Hal Hirsch, the Trustee in this Chapter 7 bankruptcy case objects to an exemption claimed by the debtors, John and Theresa Romagno, under New York Debtor and Creditor Law § 282(iii)(3) for the proceeds of a pending personal injury action for pain and suffering. In support of his position, the Trustee argues that under the statute, property which represents pain and suffering...
Views: 0
DECISION ON OBJECTION TO EXEMPTION Jeffrey Sapir, the trustee in this voluntary Chapter 7 case (“Trustee”), has objected to the claim by the debtor, Sheldon Modansky, that certain funds in an individual retirement account (“IRA”) constitute exempt property under New York Civil Practice Laws and Rules § 5205(c)(2). In support of his position, the Trustee alleges that the IRA does not m...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM OPINION Fleet Real Estate Funding Corporation (“Fleet”) objects to the confirmation of the Debtors’ proposed Chapter 13 plan and, in addition, seeks a modification of the automatic stay so that it may proceed to foreclosure against the Debtors’ primary residence. The question before the Court is whether the transferees of property that is t...
Views: 0
MEMORANDUM OPINION AND ORDER This adversary proceeding was submitted for decision on stipulations and briefs. Upon consideration thereof, and of the record herein, the Court, pursuant to F.R.B.P. 7052, finds, concludes and orders as fol *35 lows. Procedural history of the matter is included among “Findings of Fact.” FINDINGS OF FACT On June 28, 1990, Melodee...
Views: 0
MEMORANDUM OPINION INTRODUCTION In 1992, Mr. Arthur DeGroot and Mrs. Joy DeGroot (“Plaintiffs”) transferred title to their Huntington Beach property to Exchanged Titles, Inc. (“Debtor”) in hopes of effectuating a tax deferred property exchange under Internal Revenue Code § 1031 (“I.R.C.”). To accomplish the exchange, Plaintiffs entered into an escrow agreement. Under the escrow agreement, D...
Views: 0
MEMORANDUM OPINION INTRODUCTION This matter is before the court on Plaintiffs’ 1 motion for a determination of attorney’s fees and costs pursuant 28 U.S.C. § 2412, the Equal Access to Justice Act (“EAJA”). On June 21, 1993, after a hearing on this motion, I took the matter under submission. JURISDICTION This court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1...
Views: 0
MEMORANDUM OPINION INTRODUCTION On April 15, 1993, Barclay Law Corporation (“Movant”), appeared before this court for approval of Movant’s third interim fee application of $28,882. I treated Movant’s third interim fee application as a final fee application and set Movant’s final fee award at $30,500. On May 12, 1993, Mov-ant filed a motion for reconsideration of the final fee award. ...
Views: 2
MEMORANDUM OPINION Prior to Loretta J. Rombach's (“Debtor”) Chapter 7 petition under the Bankruptcy Code (the “Code”), the Internal Revenue Service (“IRS”), for unpaid personal income taxes, levied upon Debtor’s interest in two timeshare weeks (the “Property”). At the time of the levy and at the date of the petition, the Property was undersecured. Debtor seeks to strip-down the underse-cu...
Views: 0
MEMORANDUM OPINION R. Neil Rodgers (“Trustee”) brought this action under § 548 of the Bankruptcy Code (the “Code”) seeking to recover $307,921.55 (the “Funds”) in fraudulent transfers from James, Wanda and Michael Monaghan and the Monaghan Company, an Arizona General Partnership (“Defendants”). The Mona-ghan Company is owned solely by the Mon-aghans. I granted Trustee’s motion for summary judgmen...
Views: 0
OPINION 1 Introduction By Memorandum and Order dated September 24, 1993, we fixed an evidentiary hearing for September 29, 1993 to afford the Pension Benefit Guaranty Corporation (“PBGC”) an opportunity to present evi *732 dence in support of its Motion for Stay-Pending Appeal (“Motion”). The PBGC had filed an appeal from this Court’s Order dated September 21...
Views: 0
MEMORANDUM OF DECISION Before the court in these consolidated Chapter 13 cases are the debtors’ plans. 1 Each plan proposes two classes of nonpri-ority, unsecured debt. One class, consisting of nondischargeable educational loan obligations, is to receive a 100% dividend. The other class, consisting of all other general unsecured claims, will receive substantially less. In e...
Views: 0
MEMORANDUM DECISION ON MOTION TO APPROVE SETTLEMENT May a debtor purchase a chapter 7 discharge in settlement of an appeal from a judgment denying discharge? The appellate court remanded so that all parties in interest would have an opportunity to be heard. The motion to approve settlement will be denied. Facts and Procedural History The plaintiff, a dogged creditor, proved ...
Views: 1
ORDER DENYING TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION BACKGROUND Kenneth and Sharon Seltzer (“the Debtors”) filed their Chapter 7 bankruptcy petition in December of 1992. At the time, Debtors claimed as exempt two Individual Retirement Accounts (“IRA’s”) pursuant to Nevada Revised Statute § 21.090, subd. l(q) which became law on October 1, 1991. 1 The combined value of t...
Views: 0
MEMORANDUM OF DECISION DISMISSING TRUSTEE’S COMPLAINT FOR TURNOVER OF PROPERTY This matter is before the Court on the complaint of the Trustee, who requests that certain funds belonging to the Debtor and the Debtor’s former spouse, held in an escrow account, be turned over to him pursuant to 11 U.S.C. § 541(a)(2), 542 and 543. For the reasons stated in this Memorandum of Decision, the Trustee’s co...
Views: 0
OPINION Scottsdale Medical Pavilion (“debtor”) appeals an order concluding that rents collected by it prepetition are cash collateral as defined by 11 U.S.C. § 363(a) and denying the debtor use of that collateral. We AFFIRM. FACTS The debtor executed a promissory note payable to the order of Mutual Benefit Life Insurance Company (“Mutual”) 1 secured by a deed of trust...
Views: 1
MEMORANDUM OPINION AND ORDER INTRODUCTION This is a freight undercharge case. The instant opinion addresses only the issue of whether this Court should decide if J.H. Ware, Trucking, Inc. transported shipments for Kimberly Clark Corporation as a contract carrier or whether the doctrine of primary jurisdiction dictates referral of this issue to the Interstate Commerce Commission. JURISDICTION...
Views: 0
OPINION The Bankruptcy Court entered an order requiring the Washington State Lottery Commission to pay all gross winnings to the bankruptcy trustee, without withholding any of the proceeds. The United States, on behalf of the Internal Revenue Service, appeals. WE REVERSE. I. FACTS Pre-petition, the debtor won the Washington State Lottery, entitling him to an annual payment of $50,000, before taxes...
Views: 1
MEMORANDUM OPINION Hearing was held on July 16, 1993, on the motion of defendant Neville Vere Nicoll to dismiss count II of plaintiffs complaint for failure to state a claim upon which relief can be granted. See Fed.R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(6). The motion to dismiss was based upon two arguments, (1) that the debtor’s bankruptcy trustee lacked standing to bring the action ...
Views: 0
MEMORANDUM OPINION Introduction In this chapter 11 case, Principal Mutual Life Insurance Company (“Principal”) filed *466 a motion for relief from stay for the purpose of foreclosing its deed of trust against the debtor’s principal asset, an office building. The debtor objected to the relief from stay motion and filed its own motion for authority to use the build...
Views: 4
MEMORANDUM OPINION This adversary proceeding comes before the court on defendant’s motion for summary judgment on both counts of plaintiff’s complaint to determine dischargeability of debt pursuant to 11 U.S.C. § 523(a)(2)(A) and § 523(a)(2)(B). For the reasons stated in this memorandum opinion the court grants summary judgment in favor of defendant as to count 2 of the complaint, but denies de...
Views: 0
MEMORANDUM OPINION This 1990 bankruptcy case was reopened on April 23, 1993, to allow debtors to pur *759 sue the avoidance of a judicial lien held by Marshall National Bank & Trust Company (“MNBT”). On June 10, 1993, debtors’ filed a Second Amended Motion to Avoid Lien alleging the MNBT’s lien should be avoided pursuant to 11 U.S.C. § 522(f) because it impairs their home...
Views: 0
MEMORANDUM OPINION On October 8 and 9, 1992, trial was held in this adversary proceeding on the debtor Seven Springs’ complaint to quiet title to real property. Although there are a number of claims against the property held by various defendants, the only matter still in dispute is raised by a counterclaim of defendant Maurice Steingold. The counterclaim asserts that Steingold and other cred...
Views: 0
MEMORANDUM OPINION This ease comes before the court on motion by the Internal Revenue Service (“IRS”) to determine whether the IRS’ post petition receipt of debtor’s business earnings, pursuant to a prepetition notice of levy, was property of the bankruptcy estate under 11 U.S.C. § 541 and therefore in violation of the turnover provisions of 11 U.S.C. § 542. Hearing was held on t...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON DEBTOR’S MOTION TO REOPEN CASE I. ISSUE Cynthia A. Caicedo, the debtor in this closed chapter 7 case, has moved to reopen her case for the express purpose of filing a Bankruptcy Code § 522(f) motion to avoid prepetition judicial liens held by Associates Financial Services, Inc. (AFS) allegedly impairing the debtor’s homestead exemption. The principal ...
Views: 0
MEMORANDUM I. INTRODUCTION Several matters are before the Court for determination: 1) Cross Motions for Summary Judgment filed by William G. Billing-ham, the Chapter 7 Trustee (the “Trustee”) of the estate of Jeffrey Rothwell (“Roth-well” or the “Debtor”), and Wynn & Wynn, P.C. (“Wynn & Wynn”); and 2) Wynn & Wynn’s “Motion for Compensation” and the Trustee’s Response to th...
Views: 2
MEMORANDUM AND ORDER This case arises by a Complaint filed February 14, 1991, by which United Fidelity Life Insurance Company (United Fidelity), the sole remaining plaintiff, 1 seeks to have declared nondischargeable losses it and its subsidiary, College Life Insurance Company of America (College Life), allegedly sustained as a result of an insurance premium rebating plan p...
Views: 2
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT This matter is before the Court upon Gerald and Alice Hall, Gamda Corporation and Reap Corporation’s (the “Halls”) motion for summary judgment on their complaint to except the debt of Charles Mady (“Mady”) from discharge under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(2)(B). The Court finds that the Halls’ motion for summary judg...
Views: 0
OPINION AND ORDER GRANTING MOTION TO DISMISS This matter is before the Court on the United States Trustee’s (“UST’s”) motion to dismiss George and Marlene McCor-mack’s (the “Debtors’ ”) bankruptcy petition under 11 U.S.C. § 707(b) as a substantial abuse of chapter 7. Upon consideration of the evidence adduced at trial and the oral arguments of the parties, the Court finds that the UST’s motion ...
Views: 1
DECISION DENYING PLAINTIFF’S MOTION FOR AMENDMENT OF JUDGMENT OR FOR NEW TRIAL In December 1992, the court tried a breach of contract claim brought by the plaintiff K-Com Micrographics, Inc. (“K-Com”). At the trial’s end, the court rendered an oral decision in favor of the defendant Neighborhood Economic Development Corporation (“NEDCO”). K-Com has moved for amendment of judgment or for a...
Views: 1
MEMORANDUM AND ORDER The plaintiff-creditor, Rick Vangelisti (Vangelisti), commenced the above-entitled adversary proceeding by complaint filed April 6, 1993, seeking a determination that a state court judgment entered against the debtor, which arose from a default by the debtor on a loan, was nondischargeable pursuant to section 523(a)(2)(B) of the Bankruptcy Code. Vangelisti further see...
Views: 0
DECISION GRANTING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT These eighteen adversary proceedings involve complaints filed by the trustee against investors in a Ponzi scheme to recover alleged fraudulent conveyances. The defendants contend that the funds are not recoverable by the trustee. BACKGROUND On October 10, 1991, Francis P. Dieello, as receiver of International Loan Netwo...
Views: 2
ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION Before the Court is the Motion of Petitioning Creditors, Gem Plumbing and Heating Co., Inc., Spino Bros., Inc., N.E. HVAC & Controls, and Dykeman Electric Company, Inc., for Reconsideration of our August 13, 1993 Order granting Debtor’s motion for abstention, pursuant to 11 U.S.C. § 305(a). Peak objects to the motion to reconsider on the gro...
Views: 0
MEMORANDUM OPINION On June 14, 1993, one Art Akerson who was then the president and resident manager of Runaway II, Inc., a Missouri corporation, filed a petition under Chapter 11 of the Bankruptcy Code on behalf of said corporation. The U.S. Trustee filed a Motion to Dismiss the Chapter 11 ease for the reason that said Art Akerson is one of two directors and a 50% shareholder of the ...
Views: 0
MEMORANDUM OPINION Debtor is a chain of supermarkets, formed in 1988 by the leveraged buyout of a division of Safeway Stores, Inc. It presently operates some 40 plus supermarkets in Missouri and Kansas. It filed for Chapter 11 Reorganization in January of 1993. Movant is one of the many landlords of debtor. Movant filed a Motion For Relief From Automatic Stay in August of 1993. Hearin...
Views: 0
DECISION AND ORDER Heard on October 8 and 15, 1993, on the Debtor’s emergency motion for an order authorizing it to implement interim changes to the terms, conditions, wages, benefits or work rules provided under the collective bargaining agreement (the “Agreement" or “Contract") between it and the United Food and Commercial Workers’ Union Local 328 (“the Union”), pursuant to 11 U.S.C. § 1113(e...
Views: 0
ORDER DENYING MOTION Before the Court is a motion by the firm of Deegan & Scibilia, Esqs. (“Deegan & Scibilia”), for an order relieving the firm as *50attorneys for Bri-Tech Systems, Inc. (“Bri-Tech”), the above-referenced debtor. RELEVANT FACTS AND LEGAL . DISCUSSION On February 14, 1992, Bri-Tech filed a voluntary petition for relief under chapter 11 of title 11, United States Code (“Bankruptcy...
Views: 0
DECISION AND ORDER ON DEBTOR’S OBJECTION TO ENTRY OF JUDGMENT PRELIMINARY STATEMENT This matter comes before the Court upon the above-referenced debtor’s (“Debtor”) objection to the above-captioned defendant’s (“Defendant”) request for entry of a judgment. The Court has jurisdiction over this case pursuant to sections 157(a), 157(b)(1) and 1334 of title 28, United States Code (“title 28”) and the...
Views: 1
MEMORANDUM OF DECISION In this chapter 7 case, creditors Craig D. Whittlesey (“Whittlesey”) and Gary and Norma Bishop (“the Bishops”) have moved for an order permitting those creditors to file a complaint against Dennis Conley (“debtor”) and against Patrick W. Conley and Margaret A. Conley to avoid what the movants claim are unlawful transfers by the debtor to Patrick W. Conley and Margar...
Views: 1
SUMMARY ORDER Inland Merchants Association, Inc. (“Inland”) is a judgment creditor of Loren and Doreen Ducommun, the debtors in this chapter 7 case. In land has moved for relief from the automatic stay to obtain wages that were subject to garnishment prior to the debtors’ filing their petition for relief in this Court. Inland obtained a judgment against the debtors in the amount of $19,071.61 in S...
Views: 0
The hearing on the merits of this adversary proceeding extended over six days during December 1992 and January 1993, on creditor Citibank’s complaint against the Debtor, Lawrence Williams, seeking determinations of: (1) nondischargeability of debt pursuant to 11 U.S.C. § 523(a); (2) denial of discharge based upon 11 U.S.C. § 727; and (3) fraudulent transfer of property to Williams’ wife, Diana,...
Views: 0
SUMMARY ORDER The plaintiff in this adversary proceeding, S.A. Gonzales Construction Inc. (“Gonzales Construction”), moves this Court to abstain from hearing this action and remand it to state court. Kelly and Brenda Fulfer, the debtors in the above captioned bankruptcy and two of the numerous defendants in this action, oppose the motion. For the reasons discussed below, this Court grants the m...
Views: 3
DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT, PARTIAL SUMMARY JUDGMENT, AND TO INTERVENE PRELIMINARY STATEMENT Three motions are before the Court: the first is a motion for summary judgment (“Motion”) by an above-referenced co-defendant, United States Fire Insurance Company (sued as Crum & Forster — United States Fire Insurance Company of Pittsburgh, hereinafter “Crum & Forster”). The Motion...
Views: 0
*791 MEMORANDUM OPINION This matter is before the Court on the Motion for Allowance of Late Filed Claim of creditor Ford Motor Credit Company (“FMCC”) filed herein on June 9, 1993. On June 29, 1993, this Court entered an Order allowing any entity entitled to file an objection to do so and setting briefing times for such entities and for FMCC. The Chapter 13 trustee filed an Objection to Cla...
Views: 2
MEMORANDUM OPINION AND ORDER Timothy J. Seyferth filed a proof of claim alleging a secured claim for $575,378.75, plus interest from June 21, 1989, based on a settlement agreement. Trustee Thomas Carlson filed an objection to the claim. Seyferth requested a hearing to determine his secured status and whether he is entitled to funds in possession of a third party but claimed by the trustee. At a...
Views: 0
MEMORANDUM OPINION AND ORDER The stipulated facts and issues in this adversary proceeding follow. FACTS 1. In 1991, West Virginia Hospital Insurance Corporation (hereinafter “WVHIC”) provided 1992 Renewal Premium Quotations to Broaddus Hospital Association (hereinafter “BHA”). 2. The insurance policy was renewed for the period from 1/1/92 to 1/1/93. 3. BHA and WVHI...
Views: 0
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT BACKGROUND This adversary proceeding was brought by American Bank and Trust Company (“ABT”), in order to resolve a dispute between ABT and Internal Revenue Service (“IRS”) over the priority of certain liens on the inventory and accounts receivable of Debtor. On February 22, 1991, Debtor filed a voluntary petition under Chapter 11 o...
Views: 1
MEMORANDUM OPINION ON THE MOTION OF THE ILLINOIS DEPARTMENT OF REVENUE FOR SUMMARY JUDGMENT ON DEBTOR’S FIRST DEFENSE TO ITS CLAIM Debtor Harold Anderson filed for protection under Chapter 13 of the Bankruptcy Code. The present contested proceeding comes before the Court upon cross-motions of the Illinois Department of Revenue (the “IDR”) and the debtor Harold Anderson (“Anderson” or ...
Views: 0
OPINION Before this Court is a Motion of the Federal Deposit Insurance Corporation in its capacity as Receiver for the Howard Savings Bank (the “FDIC”) to Dismiss the Complaints of Wissel & Sons Construction Company, Inc. (the “Debtor”) and the Debtors, Conrad Wissel, III and Beatrice Wissel (the “Wissels”) for Lack of Subject Matter Jurisdiction pursuant to Federal Rule of Civil Proc...
Views: 0
ORDER ON MOTION FOR ASSUMPTION OF EXECUTO-RY CONTRACT I. Introduction The matter to be decided by this Court is the ability of the Debtor-in-possession, Plum Run Service Corp. (“Plum Run”), to. assume a contract or options thereto with the United States Department of Navy (“the Navy”), thereby compelling the Navy to exercise said options against its will. This Court is ve...
Views: 0
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 case, and the matter under consideration is-the dischargeability, vel non, of a debt admittedly due and owing by Joseph P. Cilio (Debtor) to The Florida Bar (Bar), the Plaintiff in this proceeding. In the single count Complaint, the Bar contends that the debt owed by the Debtor in the amount of $8,132.74, plus 12% intere...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS A Chapter 7 liquidation case. The matters under consideration are two separate assaults on the right to complete relief sought by Mr. and Mrs. Gill (Debtors) in this Chapter 7 case. One is mounted by Barnett Bank of Naples (Barnett) and the other by Island Bank of Collier County (Island Bank). Barnett seeks a determi...
Views: 2
ORDER ON DEBTOR’S MOTION TO ESTIMATE CLAIM THIS is a Chapter 11 reorganization case and the matter under consideration is a Motion filed by Barrett Home Corp. (Debtor) to Estimate Claim Numbers 102 and 166 filed by Charles R. and Maria R. Kalck (Kalcks). Claim # 102 was filed on March 13,1992, and Claim # 166 was filed on May 15, 1992. The claimants contend that the lot and home they purchase...
Views: 0
DECISION ON MOTION TO AVOID JUDICIAL LIENS The Chapter 7 debtor, William M. Cit-rone, has moved pursuant to 11 U.S.C. § 522(f)(1) to avoid two state court judgment liens entered against him by his former wife, Linda Daniele, (“Daniele”) for nonpayment of child and spousal support. The two judgment liens, one for $19,649.00 and the other for $3,076.92, were entered in the office of the...
Views: 0
ORDER ON MOTION TO VACATE ORDER GRANTING DEBTORS’ MOTION TO COMPEL INTERNAL REVENUE SERVICE TO RELEASE LIEN THIS IS a Chapter 13 case and the matter under consideration is a Motion filed by the United States of America/Internal Revenue Service (Government). The Motion under consideration is directed to a previous Order by this Court which was entered on July 7, 1993 and granted the Motion of Ja...
Views: 0
MEMORANDUM OPINION Several matters are before the court at this time. Dollar Bank, Federal Savings Bank (“Dollar”), has moved for summary judgment with respect to the fourth, fifth, sixth, and eleventh defenses asserted in its answer to the trustee’s complaint to set aside preferences filed at the above-captioned adversary action. Its motion will be denied. Stephen P. Mayka, the chapter 7 t...
Views: 0
DECISION ON DEBTOR’S MOTION TO EXPUNGE CREDITOR’S CLAIM The Chapter 11 debtor, Thomson McKin-non Securities, Inc., has moved to disallow the claim of James E. Parks (“Parks”) on the ground that it was filed after the court-ordered bar date. FACTUAL BACKGROUND On March 28, 1990, the debtor filed with this Court a voluntary petition for relief under Chapter 11 of the Bankr...
Views: 0
DECISION ON SECURED CREDITORS’ OBJECTION TO CONFIRMATION OF CHAPTER 11 PLAN Two secured claimants, the Federal Deposit Insurance Corporation (“FDIC”) and the Bank of New York (“BNY”) have objected to confirmation of the Chapter 11 petition of reorganization proposed by the debtor, Ford Products Corporation. FDIC, as receiver of Dollar Dry Dock Savings Bank holds a first mortgage against the deb...
Views: 0
MEMORANDUM OPINION This matter is before the Court for consideration of the issue of the dischargeability of punitive damages. The Court had previously sustained the plaintiffs’ Motion for Summary Judgment as to compensatory damages and taken the question of the dischargeability of punitive damages under advisement. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); i...
Views: 1
*263 DECISION RE WAIVER OF WORK-PRODUCT PROTECTION AS RAISED IN PLAINTIFF’S MOTION TO COMPEL This discovery dispute centers on the disclosure of attorney work-product to a third-party accountant who will testify on behalf of the attorney’s client both as a fact witness and as an expert witness. Because the court finds that the disclosure here does not warrant waiver of the work-product protecti...
Views: 0
REVISED ORDER REGARDING CLAIMS OF REPUBLIC UNDERWRITERS INSURANCE COMPANY OF OKLAHOMA Before the Court are the issues of whether Republic Underwriters Insurance Company of Oklahoma (“Republic”) has filed a timely proof of claim and whether it has standing to object to claims and otherwise participate in these bankruptcy eases. After considering the motion of Republic for new trial, this C...
Views: 3
*835 ORDER OVERRULING OBJECTION TO CLAIM The above-entitled objection to claim having been submitted for decision, and after consideration thereof, it is ORDERED that the aforesaid objection be and the same is hereby overruled. On May 26, 1993, the Internal Revenue Service (I.R.S.) filed a proof of claim with this court for priority taxes in the amount of $511,820.26. The proof of claim...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION This is a Chapter 7 liquidation case and the matter under consideration is an Objection filed by Judy A. Holland (Plaintiff) to the discharge of Roger A. Sausser (Debtor) pursuant to 11 U.S.C. § -727(a)(4)(A), (a)(2)(A), and (a)(3). In Count I, the Plaintiff alleges that the Debtor knowingly and fraudulently made false oaths in conn...
Views: 1
OPINION A. INTRODUCTION Before the court for a final resolution is an adversary proceeding commenced by the *901 Chapter 7 trustee in this ease, Mitchell W. Miller (“the Trustee”), pursuant 11 U.S.C. §§ 723(a), (b), seeking a deficiency of over $10 million against Raymond Silk, M.D. (“Silk”), one of three general partners of the Debtor, CS ASSOCIATES (“the Debtor”), ...
Views: 1
DECISION Wachtmeister, Angobaldo and Malaise Corporation (“WAAM”) is a creditor in the above-referenced Chapter 11 bankruptcy case filed by debtor Carlos Angobaldo (“Debtor”), dba Automated Metal Finishing (“AMF” or “the business”). WAAM sought an order from the Court directing Debtor to repay all sums withdrawn from the bankruptcy estate in excess of $3,000 per month, starting from when the ...
Views: 0
ORDER ON MOTION TO RECONSIDER CONFIRMATION Southeast Bank, N.A., successor in interest to Mid-State Homes, Inc., and a secured creditor in this Chapter 13 case on the residential real property of these debtors, filed a motion on September 1, 1993, seeking a reconsideration of this court’s confirmation order entered August 19, 1993. The matter was set down for hearing, and called on Septembe...
Views: 1
MEMORANDUM OPINION AND ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTORS’ CLAIM OF HOMESTEAD EXEMPTION The Debtors in this Chapter 7 case (“Debtors”) own a vacant lot adjacent to the lot on which their house is located. The Trustee objects to the Debtors’ claimed exemption for the vacant lot. For the reasons discussed below, the Court finds that the adjoining vacant lot is part of the h...
Views: 0
MEMORANDUM DECISION ISSUE This case involves the postpetition garnishment of wages earned by the nondebt- or spouse of a voluntary Chapter 7 debtor in a community property state. A continuing garnishment, instituted by creditors against the debtor’s spouse’s marital property wages prior to filing and continuing after filing, clearly resulted in a violation of the automatic stay as to postpe...
Views: 0
ORDER SUSTAINING DEBTOR’S OSC APPLICATION AGAINST THE TAXING AUTHORITIES This matter is before the Court pursuant to Debtor’s Application for an Entry of Order to Show Cause as to why Taxing Authorities and their counsel should not be held in contempt of Court for stay violation. A hearing was held on the matter on September 17, 1993 after which the matter was taken under advisement. Afte...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case and the matters under consideration are claims set forth in a two-count Complaint objecting to the discharge of Edward and Doris Vincent (Debtors). The Complaint is filed by Douglas Menchise, the duly appointed Trustee of the Debtors estate (Trustee). In Count I, the Trustee challenges the Debtors’ ...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTION AND MOTION FOR RELIEF FROM ORDER THIS CAUSE came on for hearing, with proper notice, upon an Objection to Claim of Exemption filed by Daniel A. Medeiros (Trustee), the Trustee in charge of administering the estate of the Debtor, and Motion for Relief from Order filed by Daniel Kern *983Lesh d/b/a DK Lesh Properties (Debtor) in this converted Chapter 7 case...
Views: 0
MEMORANDUM & ORDER On June 16, 1993, this matter came before the Court for hearing on the debtor’s objection to the Internal Revenue Service’s Supplemental Claim and Amendment to Proof of Claim No. 4 filed on April 10,1992 and November 30, 1992. For the reasons set forth below, I sustain the objection in part and overrule the objection in part. This decision memorializes the reasoning...
Views: 0
MEMORANDUM OPINION GRANTING MOTION FOR RELIEF FROM STAY Before the Court is a Motion for Relief from Automatic Stay filed by H. Drue Pir-tle (“Pirtle”). As both sides stated during the hearing, the facts regarding this motion are somewhat unique. After review*782ing the arguments, evidence presented and the relevant law, the Court is of the opinion that the motion should be GRANTED. The following ...
Views: 0
MEMORANDUM OPINION This case comes before the Court on Defendant Harley Race’s Motion to Dismiss Plaintiffs Complaint to Determine Dischargeability of Debt. A hearing was held on October 13, 1993 to consider Defendant’s motion and the Plaintiff’s discharge-ability complaint. The Court announced its findings and conclusions at the close of the hearing. This Memorandum Opinion memoriali...
Views: 1
MEMORANDUM OPINION This case comes before the Court on Defendant American National Fire Insurance Company’s (American National) Motion for Judgment on Partial Findings of Fact on Counts II, III, IV, V, VI, VII, and VIII. The Court previously issued opinions on two Defendant motions for partial summary judgment on Counts II through LX which the Court filed on March 9,1993, and on Count I which t...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court presently has before it the motion of Norway Community Credit Union (“Norway”) seeking relief from the automatic stay imposed by § 362(a) of the Bankruptcy Code (“11 U.S.C. §§ 101-1330) (“Code”) pursuant to Code § 362(d) and abandonment of the Trustee’s interest in a 1988 Chevrolet “Corsica” automobile (“Vehicle...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is the motion of Plaintiff Joanne T. Potter (“Plaintiff”) for summary judgment in this adversary proceeding to determine the dischargeability of a debt arising out of a state court divorce decree awarding her a portion of the military pension benefits payable to her former husband, William F. Potter, ...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is the motion of Howard T. Mowers (“Debtor”) for leave to file an untimely notice of appeal from an Order of this Court denying confirmation of his proposed Chapter 13 Plan and determining certain debts to be non-disehargeable. The Court heard oral arguments at a hearing commenced on August...
Views: 0
159 B.R. 546 (1993) In re Clifford and Christie BISCH, Debtors. Clifford and Christie BISCH, Appellants, v. UNITED STATES of America, Appellee. BAP No. WW-92-2066-RAsB, Bankruptcy No. 91-05148. United States Bankruptcy Appellate Panel Ninth Circuit. Argued and Submitted July 23, 1993. Decided October 13, 1993. *547 John S. Woodburne, Bellevue, WA, for appellants. W. Carl Hankla, Washington, DC, f...
Views: 0
DECISION AND ORDER ON MOTIONS re: LEASE Debtor Manning F. Ford, Jr., d/b/a Holly Motel, filed his Petition under Chapter *931 13 of the Bankruptcy Code 1 on 9 July 1993, his original Plan on 26 July, an Amended Plan on 6 August, and an Amended Plan (Modified) on 8 September. Paragraph III.l of each Plan reads: “The following executory contracts and leases are rejected: None[.]” The Order an...
Views: 0
OPINION A INTRODUCTION Arising out of the instant individual voluntary Chapter 11 bankruptcy case of MANUEL KAPLAN (“the Debtor”), the owner of MK Investments, Inc. (“MKI”), a business engaged in trading on the Philadelphia Stock Exchange (“the PSX”), are two unrelated but equally substantial issues, both raised by FIRST OPTIONS OF CHICAGO, INC. (“Options”), a “clearing membe...
Views: 3
MEMORANDUM OF OPINION In this chapter 13 case the Court must decide whether to allow a claim by the Internal Revenue Service (the “IRS”) for over $29,000 filed nearly 22 months after the claims bar date. For the reasons noted below the Debtor’s objection to the IRS claim will be sustained and that claim disallowed. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1...
Views: 0
OPINION AND ORDER This case is before the court upon the Motion for Summary Judgment filed by Plaintiff, trustee Pedro J. Fuste, the opposition thereto by defendant Eurobank & Trust Company, and the subsequent replies by both parties. The issues before the court include the validity of a Pledge Agreement constituted to secure a loan for $1,000,000.00 made by defendant to debtor Almacenes Gigant...
Views: 0
ORDER DENYING MOTION OF THE PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR DESIGNATION OF BALLOT CAST BY DISTRICT ENERGY ST. PAUL, INC. This Chapter 11 case came on before the Court on May 4, 1993, for hearing on the motion of The Prudential Insurance Company of America (“Prudential”) for an order designating the filed ballot of District Energy St. Paul, Inc. (“District Energy”) pursuant to 11 U.S...
Views: 0
160 B.R. 332 (1993) In re KELLOGG SQUARE PARTNERSHIP, Debtor. Bankruptcy No. 3-92-5211. United States Bankruptcy Court, D. Minnesota, Third Division. October 22, 1993. *333 Michael L. Meyer, Ravich, Meyer, Kirkman & McGrath, Minneapolis, MN, for debtor. Dennis J. Ryan, Stephen M. Mertz, Faegre & Benson, Minneapolis, MN, for Prudential. GREGORY F. KISHEL, Bankruptcy Judge. This Chapter 11 ...
Views: 0
AMENDED MEMORANDUM OPINION I. INTRODUCTION On June 7, 1993, this Court issued an opinion denying John Hancock Mutual Life Insurance Company’s motion to withdraw its § 1111(b) 1 election and denied confirmation of the Debtor’s modified second amended plan. Subsequently, the Debtor filed a third plan in opposition to Hancock’s motion for relief from the stay. After this ...
Views: 2
MEMORANDUM OPINION ON DEBTOR’S AMENDED PLAN The Court held hearings on confirmation of the Debtor’s Amended Plan on January 21, 1993, and January 28, 1993. Pursuant to the record established, the briefs of the parties, the arguments of counsel, and the Court’s own independent research, this Memorandum Opinion is being entered as Findings of Fact and Conclusions of Law under Bankruptcy Rul...
Views: 1
MEMORANDUM OF DECISION ON DETERMINATION OF VALUE OF 15 WEST 47TH STREET The future course of these proceedings hinges on the value of 15 West 47th Street, Debtor’s primary asset. Value is at issue in Bank’s pending motions for relief from the automatic stay, for dismissal of the Chapter 11 case, and for appointment of a trustee. If Debtor survives Bank’s motions, the valuation question will be ...
Views: 1
OPINION The debtor, Granite Sheet Metal Works, Inc. (hereafter “debtor”), filed a chapter 11 petition on August 14, 1992. On August 31, 1992, the debtor filed a motion for leave to employ the law firm of Farrell & Long, P.C. to represent it as the debtor in possession. The debtor’s motion, submitted by *842 Paul Lauber of the Farrell & Long, P.C. law firm, stated, in pert...
Views: 6
MEMORANDUM DECISION AND ORDER This nondischargeability action was tried, beginning on June 21, 1993, and ending on June 23,1993. Appearances are noted in the record. The Court, having received and considered all proper evidence, arguments and briefs of counsel, and being fully advised in the matter, now makes this ORDER pursu *597 ant to the Federal and Local Rules of Bankrup...
Views: 0
DECISION Before this Court is the motion for Partial Summary Judgment filed by Statewide Realty Company, debtor and debtor in possession, (“Debtor”). Hilton International Co. and Vista International (NJ) Inc. (“Hilton International”) filed a cross motion to modify the automatic stay and compel debt- or to arbitrate before the American Arbitration Association. Oral argument of counsel...
Views: 2
MEMORANDUM OF OPINION ON EXEMPTION OF LIFE INSURANCE CASH VALUE The parties asked the court to interpret provisions of the Texas Property Code and the Texas Insurance .Code, both of which refer to exemption of life insurance cash value. The Debtors sought to exempt personal property with a value of approximately $57,000 and life insurance with a cash value of approximately $77,000. The Ch...
Views: 0
MEMORANDUM OPINION REGARDING FDIC/RECEIVER’S MOTION TO DISMISS AMENDED COMPLAINT Came on for hearing the 11th day of May, 1993, the FDIC/Receiver’s Motion to Dismiss Amended Complaint for Preliminary Mandatory Injunction and Complaint Under 11 U.S.C. §§ 549 and 550 to Recover Funds Transferred in Violation of the Automatic Stay Imposed by 11 U.S.C. § 362 (“Motion”). After reading the Motion, ...
Views: 0
ORDER DENYING CONFIRMATION OF DEBTOR’S PLAN OF REORGANIZATION This Chapter 11 case came on before the Court on May 4,13, and 20, and June 3,1993, for the hearing on confirmation of the Debt- or’s plan of reorganization. The Debtor appeared by its attorney, Michael L. Meyer. The Prudential Insurance Company of America (“Prudential”) appeared by its attorneys, Dennis J. Ryan and Stephen M. ...
Views: 1
MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. ISSUE The plaintiff-debtor in possession seeks in this proceeding to recover from the defendant-judgment creditor monies the defendant received prepetition after a levy upon a bank account maintained by the plaintiff. The plaintiff contends the bank account contained only security deposits re*670ceived from the plain...
Views: 0
MEMORANDUM OF DECISION ON CONFIRMATION OF THE DEBTOR’S PLAN OF REORGANIZATION INTRODUCTION The matter before this Court is confirmation of the Plan of Reorganization (the “Plan”), filed by One Times Square Limited Partnership (the “Debtor”) in the One Times Square Limited Partnership Chapter 11 Case. As is more fully explained below, Banque Arabe et Internationale d’lnves-tisseme...
Views: 1
MEMORANDUM OPINION AND ORDER THESE MATTERS come before the Court upon the Trustee’s Final Report and Application for Compensation in each of the above-captioned cases and the Objections thereto filed by the United States Trustee. These matters were consolidated for hearing purposes only and each case must be considered upon its own merits. However, each of these cases contains some common eleme...
Views: 1
MEMORANDUM OPINION This is the court’s opinion on motions by creditors Gerald Poss, Esq. (“Poss”) and the law firm of Spadoro & Hilson (“S & H”) to amend their proofs of claim. Poss originally filed a proof of claim as unsecured, and now wishes to assert an attorney’s lien on a cause of action belonging to the estate. S & H originally filed a proof of claim as secured, based on a mort...
Views: 0
OPINION The Debtor’s wife filed a motion to determine the appropriate disposition of the proceeds after the sale of joint tenancy property by the Chapter 7 trustee. 2 The court ruled the proceeds were community property and the estate was entitled to all of the property. The wife appeals. We REVERSE. I. FACTS On or about November 6, 1972, John T. Gorman, (“Debtor”) and Gloria Gorman (“A...
Views: 0
MEMORANDUM OPINION On August 14, 1990, Charles Delano Miller and Linda Carol Miller (the debtors) filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code, and Warren E. Dupwe was appointed as trustee. The debtors’ schedules do not list Robert E. Schuchardt and Carl Schu-chardt (the Schuchardts) as creditors in the case. On May 2, 1991, the debtors we...
Views: 0
OPINION After a trial on stipulated facts, the bankruptcy court rendered judgment declaring that a debt for $210,447.21, as set by an order of restitution entered in state court as part of a criminal sentence im *909 posed upon conviction, was nondischargeable under both 11 U.S.C. §§ 523(a)(7) and (a)(9). Debtor appeals. WE AFFIRM. I.FACTS On June 4, 1987 Steiger caused an automobile ac...
Views: 1
OPINION A. INTRODUCTION Presently before this court in the voluntary Chapter 11 bankruptcy case of RIVER *129 VILLAGE ASSOCIATES (“the Debtor”) are (1) the Debtor’s request that we confirm its Fourth Amended Plan of Reorganization Dated July 9, 1993 (“the Debtor’s Plan”), over the opposition of the Debtor’s only secured lender, General Electric Capital Corporatio...
Views: 1
OPINION A INTRODUCTION Presently before this court in the voluntary Chapter 11 bankruptcy case of UNION MEETING PARTNERS (“the Debtor”) are (1) the Debtor’s request that we confirm its Second Amended Plan of Reorganization (“the Debtor’s Plan”) over the opposition of Lincoln National Life Insurance Company (“Lincoln”); and (2) Lincoln’s request that we confirm its own Ame...
Views: 3
concurring: I join in the majority opinion except as to the discussion of the trustee being an individual; thus, I join with Judge Jellen’s concurrence as to Part I only....
Views: 0
DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT PRELIMINARY STATEMENT This matter comes before the Court upon a motion for summary judgment (“Motion”) by the plaintiff in the above-captioned adversary proceeding (“Adversary Proceeding”). The Court has jurisdiction over this case pursuant to sections 157(a), 157(b)(1) and 1334 of title 28, United States Code (“title 28”) and the order of re...
Views: 0
MEMORANDUM OF DECISION Debtors Gary and Cheryl Butler (“debtors”) have filed this motion to avoid the lien of Runge Finance Company (“Runge Finance”) under 11 U.S.C. § 522(f)(2). Runge Finance opposes the motion on the grounds their lien is a purchase money security interest (“PMSI”) not subject to avoidance under that section. FACTS The record shows debtors purchased furnit...
Views: 0
MEMORANDUM OF DECISION Shiloh, Inc., dba Post Falls Mazda (“Shiloh”) and Terry Jordan (“Jordan”), defendants in the above-captioned adversary proceeding, move for summary judgment, or in the alternative for partial summary judgment in favor of Jordan. Kenneth and Vickie Nelson (“debtors”), the debtors in the underlying bankruptcy, oppose the motion. This adversary proceeding is a com...
Views: 0
MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursu*383ant 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), (B) and (0) which the Court may hear and determine. FACTUAL BACKGROUND ...
Views: 0
OPINION A INTRODUCTION Before the court for resolution is an Objection (“the Objection”) of MITCHELL W. MILLER, ESQUIRE, the Chapter 7 Trustee (“the Trustee”) of the Debtor, CS ASSOCIATES, d/b/a University Nursing & Rehabilitation Center (“the Debtor”), to Proof of Claim Number 6, filed by the Internal Revenue Service (“the IRS”), which incorporates secured tax liens totallin...
Views: 2
CORRECTED MEMORANDUM OF DECISION AND ORDER. PROCEDURAL HISTORY This adversary proceeding was commenced by an action in interpleader brought by Hemdale Home Video, Inc. (“HHV”) against NSB Film Corporation (“NSB” or “Debtor”) and Oak,,Productions Inc., Pacific Western Productions, Inc., American Gothic Productions, Inc. and Stan Winston, Inc. (the “Participants”) to determine entitlement to cert...
Views: 0
ORDER This ease involves a debtor’s attempt to avoid valid tax liens under a number of provisions of the Bankruptcy Code, namely §§ 545(1)(D), 522(h), and 506(d). The Court concludes that the tax liens cannot be avoided. Debtors filed motions to avoid liens of the Georgia Department of Revenue and the Internal Revenue Service (“IRS”) on the debtors’ interest in certain real prope...
Views: 0
ORDER This matter is before the Court on the motion by Fleet Real Estate Funding Corp. (“Fleet”) to annul the automatic stay and validate a foreclosure sale conducted by Fleet on June 1, 1993, on real property at 1185 Mountain Springs Place, Kennesaw, Georgia (the “Property”). The motion came on for hearing on July 27, 1993. After considering the evidence presented, the pleadings in this case a...
Views: 0
ORDER This matter comes before the Court on the cross Motions for Summary Judgment, filed by the defendant Leeds Building Products, Inc. (hereinafter “Debtor”) and the plaintiff Zahn Associates, Inc. (hereinafter “Zahn”). The issues involved herein arise in an adversary proceeding commenced by Zahn as a Complaint on Promissory Note. The Court, however, does not reach the merits of the...
Views: 0
DECISION The debtors filed a petition for relief under Chapter 13 of the United States Bankruptcy Code on July 3, 1991. The court then issued a notice setting the last day for filing claims in the case as November 12, 1991. The Internal Revenue Service (IRS) filed a proof of claim for both a priority and a general unsecured claim on February 3, 1993. The matter is before the court on the ...
Views: 1
*811 OPINION AND ORDER GRANTING REQUEST FOR INJUNCTIVE RELIEF AND FINDING VIOLATION OF THE AUTOMATIC STAY On June 22, 1993, the Court entered an order which approved a settlement reached between the debtor, The Gainesville Venture (“Gainesville”), and Peoples Westches-ter Savings Bank (“Peoples”). That settlement granted Peoples relief from the automatic stay imposed by 11 U....
Views: 1
OPINION AND ORDER ON OBJECTIONS TO CLAIMS OF JOHN T. LONG AND JAMES T. HARMAN Cardinal Realty Services Incorporated (“CRSI”), successor in interest to Cardinal Industries Incorporated (“CII”), filed a motion to reclassify the claims asserted by John T. Long (“Long”) and James T. Harman (“Harman”), former employees of CII or one of its corporate subsidiaiies. Long and Har-man responded separatel...
Views: 4
ORDER On November 5, 1992, James D. Studdard, M.D., and Dorothy M. Studdard (the debtors) filed a voluntary petition for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. On December 28, 1992, Pulaski Bank and Trust Company (Pulaski Bank), an unsecured creditor, filed a motion to dismiss the bankruptcy case for lack of good faith pursuant to 11 U.S.C. § 70...
Views: 0
MEMORANDUM OPINION The above-captioned proceeding was tried before the Court on July 23, 1993 on a complaint brought pursuant to 11 U.S.C. § 523(a)(4) to determine that a $10,000 “debt” resulting from a court-ordered disgorgement of a retainer fee is nondischargeable. The Court has jurisdiction of this proceeding pursuant to 28 U.S.C. § 1334(a). This proceeding is a core proceeding pu...
Views: 0
MEMORANDUM OPINION Debtor filed her petition under Chapter 13 on June 23, 1993. Therein she scheduled household goods and furnishings with a market value of $980.00. She scheduled only a rabbit fur with fox collar at a market value of $50.00 under furs and jewelry. She scheduled a 1991 Honda Accord at a value of $13,250.00 and a lien to Commercial National Bank of $14,340.00. Her summ...
Views: 0
ORDER At Saint Louis, in this District, this 22nd day of October, 1993. The matter before the Court is one of three related Adversary Proceedings that have been removed from a nonbankruptcy court to the Bankruptcy Court.1 Specifically, this Order addresses several pretrial requests, including the Defendant’s Motion For Judgment on the Pleadings. Prior to a consideration of the substantive legal...
Views: 0
160 B.R. 461 (1993) In re CF REALTY TRUST, Debtor. CF REALTY TRUST, Plaintiff, v. TOWN OF HAMPSTEAD and Richard Hartung as Selectman and not individually and Raymond DeMatteo as Selectman and not individually and Joseph A. Guthrie as Selectman and not individually, Defendants. Bankruptcy No. 93-10897, Adv. No. 93-1051. United States Bankruptcy Court, D. New Hampshire. September 29, 1993. *462 Vic...
Views: 0
*665 ORDER ON MOTION TO PRESENT TESTIMONY OF PERRY GERARD LAD-NER BY DEPOSITION OR FOR OTHER RELIEF One of the joint Debtors in this case, Perry Gerard Ladner, filed his “Motion to Present Testimony of Perry Gerard Ladner by Deposition or For Other Relief.” Mr. Ladner seeks to be excused from appearing at the meeting of creditors called pursuant to 11 U.S.C. § 341 on the grounds that he is in...
Views: 0
OPINION FGH Realty Credit Corporation, a secured creditor of the debtor, Newark Airport/Hotel Limited Partnership, brought two motions, one seeking to dismiss the debtor’s petition pursuant to § 1112(b) and one seeking relief from the automatic stay pursuant to § 362(d). Subsequent to the above motions being brought, the debtor filed a motion, pursuant to § 1121(d), seeking an extensi...
Views: 0
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW “[H]er face and nails are intricately hand painted. Her ensemble is a replica of the original knee-length ... fashion. Underneath, she wears a dainty lingerie set made up of tap pants and a strapless chemise with garters and stockings. Her hair, styled in a 1964 ‘swirl’ is strawberry blond, a ... hair color rarely seen since...
Views: 0
ORDER This matter comes before the Court on the Motion for Entry of Default Judgment, filed on July 20, 1993, by Clarence B. Rogers, Jr., (hereinafter “Plaintiff’), and the Motion to Remove Default, filed on August 20,1993, by Allied Media, Inc. (hereinafter “Defendant”). The matters involved herein arise in an adversary proceeding commenced by the Plaintiff to compel the turnover of ...
Views: 1
ORDER THIS CAUSE came on for hearing upon Thomas B. Verdunn’s (Debtor’s) Motion for Partial Summary Judgment with respect to Debtor’s Objection to the Internal Revenue Service’s (Service’s) Proof of Claim. The Court, having heard the argument of counsel and having reviewed the Motion for Summary Judgment, the Objection to the Internal Revenue Service’s Proof of Claim, the record, and the ...
Views: 1
AMENDED MEMORANDUM OPINION APPROVING PRIORITY CLAIM OF THE IRS This matter was brought on before the Court upon the Trustee’s objection to a tardy priority claim filed by the Internal Revenue Service (“IRS”). Following oral argument, by the Trustee objecting to the priority claim of the IRS, this Court took the matter under advisement. After reviewing supplemental briefs and upon inde...
Views: 1
MEMORANDUM OPINION This constitutes the court’s decision on the following two motions. The first is a motion by Princeton Polychrome Press (“Polychrome Press”) to hold Public Service Electric and Gas Co. (“PSE & G”) in contempt of an order entered by this court on May 3, 1993 requiring that PSE & G reestablish the prepetition security deposit of Village Craftsman (the “debtor”) and to pay...
Views: 0
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW This matter is before the Court on a motion by the State of Wisconsin, Department of Natural Resources (hereinafter: State) for allowance of a priority administrative expense claim pursuant to 11 U.S.C. §§ 503(b)(1)(A) and 507(a)(1). The chapter 7 trustee, Randi L. Osberg, objected to the State’s motion. The State is represe...
Views: 0
*714 MEMORANDUM I. INTRODUCTION The Court has before it the Interim Application and Itemized Disclosure of Harvey S. Shapiro Respecting the Allowance or Payment of Compensation and Reimbursement of Expenses to Counsel to Debtors. This case presents the following issue: What is reasonable compensation for a debtor’s attorney in a Chapter 13 case? As in many jurisdictions, the...
Views: 0
MEMORANDUM OPINION The United States Trustee has moved (at Motion No. 93-1746M) to dismiss debtor’s *285 chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 707(b). According to the United States Trustee, it would be a substantial abuse of the provisions of chapter 7 to grant debtor relief because he has the ability to fund a plan of reorganization which would result in a substantial dist...
Views: 1
OPINION ON MOTION TO DISMISS CASE The United States of America filed a motion under 11 U.S.C. § 1112(b) to dismiss this case alleging that the debtor did not file the chapter 11 petition in good faith. The motion came on for hearing on June 29, 1993 after which the motion was taken under advisement. 1 The undisputed facts are as follows. The Internal Revenue Service commenced seizure of...
Views: 0
DECISION ON DEBTOR’S OMNIBUS OBJECTION TO CLAIMS REGARDING THE DEBTOR’S ASSUMPTION, ASSIGNMENT OR REJECTION OF CERTAIN LEASES Child World, Inc. (“Child World” or the “debtor”), a Chapter 11 debtor as of May 6, 1992, has objected to various claims filed in connection with the assumption, assignment or rejection of numerous store leases. The debtor was a publicly owned company operating...
Views: 0
MEMORANDUM OPINION I. INTRODUCTION The following two matters are before the Court for ruling: 1) the Debtor’s objection to the claim filed by John and Jean Zarlenga; and 2) the Zarlengas’ motion for an order allowing and assigning a value to their unliq-uidated claim for the purpose of voting on the Debtor’s Third Plan of Reorganization. See § 502(c)(1); 1 Fed.R.Bankr.P. 3018(a). For ...
Views: 0
MEMORANDUM DECISION AND ORDER ON DISPUTE REGARDING TURNOVER OF CONFIDENTIAL INFORMATION Fairmont Communications Corp. (“Fair-mont”) is a holding company whose assets consist of 100% of the outstanding stock of Bay Broadcasting Corporation (“Bay Broadcasting”), Ward Broadcasting Corporation (“Ward Broadcasting”), Renaissance Broadcasting Corporation (“Renaissance Broadcasting”), Southwest ...
Views: 0
ORDER This matter came before the Court on trial to determine whether the Trustee can avoid preferential transfers from the Debt- or’s insider/guarantors. Michael Dietz appears as Chapter 7 Trustee. Dan Moulton appears on behalf of the Defendants. Based upon the files, records, evidence and testimony presented at trial, and arguments of counsel, the Court makes this Order pursuant to the Rules ...
Views: 0
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT This matter comes before the Court on the Internal Revenue Service’s (IRS) “Motion to Alter or Amend Judgment” filed October 8, 1993. The IRS requests that the Court withdraw its judgment in favor of the bankruptcy trustee, Gene DeLeve (the “Trustee”) in which the IRS’ administrative expense claim was disallowed. The IRS asks the Court to *754 ...
Views: 0
DECISION AND ORDER PRELIMINARY STATEMENT This matter comes before the Court upon a motion for summary judgment (“Motion”) by the defendant in the above-captioned adversary proceeding (“Adversary Proceeding”), and a cross-motion (“Cross-motion”) by the above-referenced plaintiffs (“Plaintiffs”, or “Creditors”). The Court has jurisdiction over the Adversary Proceeding pursuant to sections 157(b)(1)...
Views: 0
MEMORANDUM OPINION ON FINAL FEE AWARDS AND RELATED MATTERS TABLE OF CONTENTS PAGE(S) I. Introduction.406-07 II. Fee Awards To Date.407 III. The “Enhancement” Requests.407-09 IV. Factual Context: 1988-1990 . 409-11 V. Legal Standards: The Logical Problem.411-19 VI. Synthesis Of The Standards .419-21 VII. Who Brought The Value?.421-24 VIII. St...
Views: 1
MEMORANDUM OF DECISION ON OBJECTIONS TO CLAIM OF EXEMPTIONS I. ISSUE The matters before the court are the timely-filed objections of Marilyn Paula Seichter, a creditor, and Anthony S. Novak, the Chapter 7 Trustee, to property claimed as exempt under Code § 522 by Elizabeth D. Joseph, the debtor. 1 The debtor in her chapter 7 petition filed on June 26, 1992 claimed as exempt, pursuant to C...
Views: 0
ORDER ALLOWING CLAIM OF PINE BROOK CENTER LIMITED PARTNERSHIP THIS MATTER came for hearing before this Court upon the objection of the Trustee, P. Wayne Sigmon, to the claim of Pine Brook Center Limited Partnership (“Pine Brook”), a North Carolina limited partnership. The Trustee objected to Pine Brook’s claim on the grounds that Pine Brook filed its proof of claim after the bar date for filing p...
Views: 0
MEMORANDUM OPINION The Defendants have filed Motions for Abstention under 28 U.S.C. § 1334(c) in response to Plaintiffs amended complaint to determine the validity, extent and priority of its purported liens in certain accounts receivable of the Debtor (the “Property”). Because the estate has disclaimed any interest in the Property and the outcome of the litigation would have no impact on...
Views: 2
DECISION and ORDER This matter is before the court on an AMENDED COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT (“Complaint”) filed August 17, 1993, by First of America Bank (the “Bank”) against Samuel R. Bourdon (“Bourdon”) and Marcia A. Bourdon, debtors herein (Jointly referred to as “Debtors”). Trial on the complaint was held October 25, 1993, with Debtors appearing pro se. The matter was t...
Views: 0
MEMORANDUM ON DEBTOR’S RESPONSE TO ORDER ON REMAND This case presents the court with an unique issue: Where a secured creditor fails to obtain a stay pending appeal of an order overruling its objection to confirmation of the debtor’s Chapter 13 plan and the plan is subsequently confirmed by a separate order, is the confirmation order entitled to res judi-cata effect even though the court of...
Views: 0
MEMORANDUM DECISION ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND TO DISMISS COUNTERCLAIMS I. INTRODUCTION This adversary proceeding arises out of the application, dated March 3, 1992 (the “Application”), of The LTV Corporation, LTV Aerospace and Defense Company (“LTVAD”) and certain affiliated entities (collectively, “LTV”) for an order, pursuant to sections 105, 363 and 365 of the...
Views: 1
MEMORANDUM OF DECISION AND ORDER ON MOTION FOR PAYMENT TO SECURED CREDITOR OF SETTLEMENT PROCEEDS I. The matter before the court is a motion by Chrysler Credit Corporation (movant) seeking an order that John J. O’Neil, Jr., trustee, remit to movant $26,000 which the trustee received from the settlement of two claims asserted by him against automobile franchisors concerning rights under two ...
Views: 0
MEMORANDUM OPINION This matter comes on to be heard upon the adversary complaint filed by Michael L. Byler (“Debtor”) to determine the avoidability and dischargeability of two items awarded to Terresa Alberta Byler (“Defendant”) under the parties’ divorce decree. The parties stipulated to the facts and were directed to file authorities in support of their positions. Upon review of the materials...
Views: 0
MEMORANDUM OF DECISION At issue in this case is the ability of the Internal Revenue Service (IRS) to amend a proof of claim filed on its behalf by the debtors pursuant to 11 U.S.C. § 501(c) and Fed.R.Bankr.P. 3004 1 ; a second, and larger, issue is whether, regardless of the debtors’ filing of such a proof of claim, there is a basis for disallowing the subsequent offering by th...
Views: 1
OPINION Following the compromise of a malpractice action against its former bankruptcy counsel, debtor Pyramid Energy, Ltd. (“Pyramid”), moved to dismiss its Chapter 7 bankruptcy case. By agreement of the parties, the Court granted Pyramid’s motion to dismiss on the condition that Pyramid first commence an adversary proceeding to resolve the disputed claim of Heyl & Patterson, Inc. (“...
Views: 0
MEMORANDUM OF DECISION This proceeding is before the Court to determine whether the defendant, First Savings Bank, must repay the plaintiffs, Mid-American Clean Water Systems, Inc., and Bruce Ewing, funds alleged to have been wrongfully paid out of Mid-American’s account and pay additional damages as well. The plaintiffs are represented by Timothy H. Girard and John C. Pauls of Woner, Glenn, Reede...
Views: 0
*679 FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon defendant’s motion to set aside default judgment of February 22, 1993. The Court held a hearing on August 4, 1993, and upon the evidence presented enters the following findings of fact and conclusions of law: FINDINGS OF FACT In November, 1982, Plaintiff purchased fro...
Views: 0
REVISED OPINION GRANTING U.S. TRUSTEE’S MOTION FOR CHANGE OF VENUE Debtor is a Michigan corporation. Its primary, if not sole, assets consist of realty and personalty comprising a hotel, restaurant and adjoining facilities operated as a resort complex, located in or near Holland, Michigan on or close to the shore of Lake Michigan (“Property”), in the Western District of Michigan. Debtor comme...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiff’s Complaint to Set Aside Preferences. At the Trial, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons, this Court fi...
Views: 0
MEMORANDUM ORDER GRANTING RELIEF FROM AUTOMATIC STAY The above-entitled matter came on for hearing before the undersigned on the 4th day of November, 1993, on Signal Bank’s motion for relief from the automatic stay. Appearances were as follows: Peter Stein for the movant Signal Bank, Inc. (“Signal”); and Steven Johnson, pro se. FACTS Signal is a secured creditor of Debtor pursuant to a Promiss...
Views: 1
*25 DECISION AND ORDER ON REMAND On July 7, 1992, we overruled Marquette Credit Union’s objection to the Debtor’s Chapter 13 plan, permitting the stripdown of Marquette’s mortgage on the Debtor’s residential real estate. An appeal was taken to the District Court, and in the wake of Nobelman v. American Savings Bank, — U.S. -, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), the District Court reve...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon debtor’s motion for sanctions for violation of the automatic stay imposed by 11 U.S.C. § 362 by O’Hara Moving & Storage, Inc. (“O’Hara”). The Court held hearings on August 4, 1993, and August 9, 1993, and upon the evidence presented the Court enters the following findings of fact and conclusions of law: ...
Views: 0
MEMORANDUM OPINION This adversary proceeding comes before me on Plaintiffs, National Convenience Stores Inc., motion for summary judgment. After a tumultuous beginning, 1 the case is in a position to allow consideration of Plaintiffs motion. Defendants, George Shields and Garry Cocker, have failed to file a response. Therefore, having considered the relevant pleadings on fil...
Views: 1
MEMORANDUM OPINION Debtor Paul Menell filed a motion to avoid the judicial liens of First National Bank of *525 Boston (“FNB”) and Key Bank 1 under section 522(f)(1) of title 11 of the United States Code (“Bankruptcy Code” or “Code”). The debtor claims an exemption of $7500 in his residential property, which is valued at $112,-500 and encumbered by mortgages totalling $110,400. FNB holds ...
Views: 0
MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. In this proceeding the co-plaintiffs, Thames River Associates Limited Partner *697 ship, the debtor in possession (the debtor), and Shawmut Bank, N.A. (the Bank), the holder of a first mortgage on the debtor’s property, seek a judgment avoiding a mechanic’s lien recorded against the property by the defen...
Views: 0
MEMORANDUM Three motions in these two distinct (but related) chapter 11 bankruptcy cases are before me on a consolidated record. First, the Resolution Trust Corporation (RTC) in its capacity as receiver for Atlantic Financial Savings, F.A., seeks relief from the automatic stay to resume foreclosure on two pieces of real property owned by debt- or Kirsch Enterprises, Inc. 1 The ...
Views: 0
MEMORANDUM OF DECISION ON POST-PETITION, PRE-CONFIRMATION, CHAPTER 13 PAYMENTS IN A CONVERTED CHAPTER 7 This contested matter 1 raises the single and specific question whether a trustee in a Chapter 7 case converted from Chapter 13 before confirmation may seize for the Chapter 7 estate undistributed, post-petition, pre-confirmation payments made by Debtor and held by the Chapte...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding, here on removal from state court, presents the question whether the debtor’s consensual, divorce-related obligation to pay a portion of his children’s post-secondary schooling expenses is “in the nature of support” within the meaning of § 523(a)(5)(B) and, thus, whether it survives his September 22, 1988, Chapter 7 discharge. After receiving e...
Views: 1
DECISION AND ORDER Before the Court is Plaintiffs’ Complaint to determine whether certain debts arising out of the Decision and Order of the Providence County Family Court granting the Debtor a final divorce are dischargeable. Debtor’s ex-wife, Lucinda Gibbons seeks a determination that $850,000 awarded to her in lieu of alimony and $35,000 awarded as partial payment of her legal expenses are...
Views: 1
MEMORANDUM OF OPINION ON EXEMPTIONS The question in this case is whether the Debtors can claim as exempt, property which Mr. Magness inherited subsequent to the filing of the bankruptcy petition. 1 The court finds that the exemption should be allowed. FACTS 2 Robert Joseph Magness and Janie Irene Magness 3 (Debtors) filed for relief under Chapter 7 of the Bankruptcy Code on February 1...
Views: 0
MEMORANDUM OPINION I. FACTS On May 10, 1993 this Court conducted a nondischargeability trial under § 523(a)(5)(B) and 523(a)(6) brought by the plaintiff contending that a certain obligation resulting from divorce proceedings between the plaintiff and the defendant is nondischargeable under the Bankruptcy Code. The obligation in question was included in a decree entered in October 1989 in the ...
Views: 1
MEMORANDUM OF OPINION ON COMPLAINT TO COMPEL TURNOVER OF PROPERTY On September 7, 1993, David Crowe, Jr. and wife, Stacy D’Lane Crowe (Debtors) filed for relief under Chapter 13 of the Bankruptcy Code. On October 22, 1993, the Debtors filed this adversary proceeding by complaint entitled Emergency Complaint to Compel Turnover of Property of the Estate in which they sought turnover of a 19...
Views: 0
*364 MEMORANDUM OPINION AND ORDER The Court has before it the question of whether the debtor is a qualified debtor to file a bankruptcy case in that it is a trust and the issue has been raised both on an order to show cause and by the F.D.I.C. as to whether the debtor can show that it is a business trust qualified under the Bankruptcy Code to file a petition. This Court in a seri...
Views: 0
DECISION RE OBJECTION TO PROOF OF CLAIM NO. 708 (MARR SCAFFOLDING COMPANY) Marr Scaffolding Company (“Marr”) was granted permission to file a claim out of time in this proceeding on its contention that it had not received appropriate notice of the case. It did file its claim, which was assigned No. 708 on the claims register. W & T Associates Limited Partnership (“Debtor”) objected to Marr’s clai...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon defendants’ motion to dismiss or in the alternative for judgment on the pleadings. The Court held a hearing on July 7, 1993, and now the Court enters findings of fact and conclusions of law: Findings of Fact Defendants filed their chapter 7 petition on January 8, 1989. On March 2, 1989, the chap...
Views: 1
DECISION and ORDER In this Chapter 7 ease, debtor included in Schedule C accompanying her petition, a claim for exemption of “Money Market IRA” in the amount of $9,307.00. The claim of exemption was pursuant to O.R.C. § 2329.66. Debtor subsequently amended that reference by the more specific reference to O.R.C. §§ 2329.66(A)(4)(a), 2329.66(A)(10)(b), 2329.-66(A)(10)(c), and 2329.66(A)(17). Befo...
Views: 0
MEMORANDUM A. INTRODUCTION Before this court in the instant proceeding to recover funds embezzled from the estate of SUMMIT AIRLINES, INC. (“the Debt- or”) by Defendant JONATHAN H. GANZ, naming as defendants Ganz, two law firms for which he worked, and all of the partners of those firms, are numerous motions seeking to resolve, as a matter of law, many of the substantive and ...
Views: 1
OPINION After the confirmation of the debtor’s Chapter 11 2 plan, the debtor brought a complaint asserting various lender liability causes of action which arose out of a prepetition lending arrangement. Neither the plan nor the disclosure statement mention these causes of action. The bankruptcy court dismissed the complaint as barred by the doctrines of res judicata ...
Views: 1
DECISION AND ORDER Heard on March 23, 1993, on the fourth of a series of fee applications in this liquidating and professionally beleaguered Chapter 11 case. To date, the following fees and expenses have been paid to professionals: EXPENSES FEES 10/25/90 J. Garb Trustee (148) $100,000. 5,093. 03/28/91 J. Garb Trustee (245) 195,000. 03/26/92 J. Garb Trustee (245) 25,000...
Views: 0
MEMORANDUM AND ORDER ON MOTION TO DISQUALIFY BACKGROUND The debtor, Richard Thomas Cooke, commenced this chapter 11 case on December 15, 1992. On February 17, 1993 Maryalice K. Cooke (the “movant”), the debtor’s former wife, filed a motion seeking a modification of the automatic stay to permit her to pursue certain actions against the debtor in the state court. On February 23, 1993, ...
Views: 0
MEMORANDUM OF DECISION ON OBJECTIONS TO CLAIMS AND SUMMARY JUDGMENT This contested matter 1 is before us 2 on an application for an order reclassifying, expunging, and disallowing certain claims, a cross motion for the imposition of a constructive trust and a corresponding motion for summary judgment. The issues presented concern the priority of certain minimum fundi...
Views: 1
*995 DECISION and ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding is going forward on First Amended Complaint to Avoid and Recover Fraudulent and Preferential Transfers. Defendant, The Fifth Third Bank (“Fifth Third”) and plaintiff trustee have filed cross-motions for summary judgment. This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS a Chapter 11 case and the matter under consideration is a challenge of the administrative tax claim filed by the United States of America through its agency, the Internal Revenue Service (IRS). The administrative claim is based on FICA and FUTA obligations accrued and unpaid post-petition in the amount of $191,579.06, allegedly the liability o...
Views: 0
ORDER On this 25th day of October, 1993, the Application for Award of Costs and Attorney Fees filed by the Plaintiff on June 23, 1993 *855 (Docket Entry No. 30); United States of America’s Opposition to Plaintiffs Application for Award of Costs and Attorney Fees filed July 14, 1993 (Docket Entry No. 32); and Plaintiffs Amended Application for Award of Costs and Attorney Fees filed September...
Views: 0
MEMORANDUM, OPINION AND ORDER In a previous opinion, 1 this court held that the Debtors, William and Peggy Abernathy, are entitled to recover reasonable fees under Internal Revenue Code § 7430 from the United States arising out of proceedings relating to the Internal Revenue Service’s illegal continuing efforts to collect taxes that had been discharged in the Debtors’ Chapter 7 bankruptcy c...
Views: 0
ORDER Before the Court is a Motion for Summary Judgment (“Motion”) filed by Paul W. Bonapfel (“Plaintiff”), Chapter 7 Trustee for the estate of All American of Ash-burn, Inc. (“Debtor”). Plaintiff brought this adversary proceeding seeking an order disallowing certain tax claims that the United States has filed in this bankruptcy case. In addition, Plaintiff seeks to subordinate to unsecur...
Views: 0
MEMORANDUM This Chapter 7 case is before the court on the motion of a creditor, Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”), to be allowed to file a formal proof of claim so as to amend an informal proof of claim and thus share in the dividend from the bankruptcy estate. Merrill Lynch failed to file a formal proof of claim before the bar date of June 11, 1991, but it...
Views: 0
ORDER The matter being determined here is the Motion For Summary Judgment filed by Fredrich J. Cruse, Operating Trustee for The Landing, a Missouri Limited Partnership which is the Debtor in this Chapter 11 ease and the Defendant in this Adversary Proceeding. *822 On June 29, 1993, Ralph W. Kalish, Jr., Individually and as guardian of Manning W. Kalish, Powell W. Kalish ...
Views: 0
ORDER The matter being considered here is the “Emergency Motion For Summary Judgment and Objection to Motion to Use Cash Collateral”, filed on behalf of Welsh-Kals Limited Partnership (“Movant”). These determinations and this Order are based on a consideration of the record as a whole, including the memoranda submitted by Counsel for the Movant and Counsel for South Pointe Associates ...
Views: 1
OPINION This matter came before the court upon the chapter 13 trustee’s motion to allow the claim of the Internal Revenue Service (IRS) as an allowed secured claim in the amount of $17,798.78. The trustee and the debtor rep *61 resented themselves and the IRS was represented at the telephone hearing by Susan Henderson from Washington, D.C. 1. Facts. The relevant fac...
Views: 0
MEMORANDUM OPINION The United States Trustee moved this Court to dismiss debtors’ Chapter 7 bankruptcy ease for substantial abuse. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that debtors have the ability to repay a significant portion of their de...
Views: 0
MEMORANDUM OPINION This is a Chapter 7 ease. Debtor has filed a motion to dismiss. The Trustee opposes such motion. This is a core proceeding, 28 U.S.C. § 157(b)(2), over which this Court has jurisdiction pursuant to 28 U.S.C. § 1384. At the time of this Chapter 7 filing, debtor listed unsecured debts of $13,882.92, consisting primarily of credit card obligations and other consumer debts. S...
Views: 0
ORDER SUSTAINING TRUSTEE’S OBJECTION TO EXEMPTION This matter came before the Court for hearing on August 17,1993, on the Chapter 7 Trustee’s, Robert C. Furr (the “Trustee”), Objection to Exemptions and for rehearing of the Trustee’s Motion for Turnover of Property. At issue is whether a tax refund may be claimed as exempt under Florida’s exemption for wages. Having considered the Tru...
Views: 4
MEMORANDUM OPINION AND ORDER THIS MATTER came on for trial on October 19, 1993, on the Plaintiffs Complaint. This Court has jurisdiction pursuant to 28 U.S.C. §§ 157(b)(1) and (b)(2)(E), (F), and (H), and 28 U.S.C. § 1334(b). This matter is a core proceeding under 28 U.S.C. § 157. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. The Plaintiffs Complaint seeks to avoid transfer...
Views: 4
MEMORANDUM AND ORDER On June 1, 1993, the Supreme Court held that § 1322(b)(2) precludes a chapter 13 plan from treating a portion of an undersecured creditor’s claim as unsecured, where the sole security for the claim is the debtor’s principal residence. Nobelman v. Am. Sav. Bank, — U.S. -, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993). Although that decision was widely an...
Views: 2
MEMORANDUM OPINION AND ORDER On August 13, 1993, Merrill Lynch Pierce Fenner & Smith filed an amended application requesting $525,000 in compensation and $108,736.99 for reimbursement of expenses for the period October 26, 1992 through May 27, 1993. For the reasons stated below, the amended application is allowed in the amount of $350,000 in compensation and $41,576.49 in expenses. This is a co...
Views: 0
MEMORANDUM OPINION AND ORDER This is the Court’s decision on the Motion by Former Holders of Senior Secured Increasing Rate Notes Due November 1991 for Reimbursement of Legal Fees and Expenses of Proskauer Rose Goetz & Mendelsohn as an Administrative Expense Pursuant to section 503(b) of the Bankruptcy Code. Background: On September 27, 1991 Tolknan-Hundley Lodging Corp....
Views: 1
MEMORANDUM OPINION AND ORDER This is the Court’s decision on the Objection of Continental Airlines, Inc., et al. (Continental or Debtors) to Escheat Claims, made pursuant to Continental’s Seventeenth Omnibus Objection to Claims. I. Background: The States of Alabama, Arkansas, Colorado, Delaware, Florida, Iowa, Idaho, Kansas, Louisiana, Mississippi, Montana, North Carolina, North Dakot...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The instant matter is before the Court by way of a motion for a judgment on the pleadings pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure (“Fed. R.Bankr.P.”) and Rule 12(c) of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”) filed by Portia L. Wells (“Debtor”), within an adversary proceeding commenced by he...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is the Internal Revenue Service’s (“IRS”) objection to the confirmation of the Debtor’s proposed Chapter 13 Plan (“Plan”). Debtor argues that the filing of the objection by the IRS was untimely and that the Plan should be confirmed. The Court heard oral argument of the parties at an adjourned confir...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The instant contested matter is before the Court by way of an objection filed by the Chapter 7 Trustee Allan J. Bentkofsky (“Trustee”) to the homestead exemption claimed by Samuel and Mary Ann Flatt (“Debtors”) in a vacant parcel of real property- The Court initially heard oral arguments at its regular motion term he...
Views: 1
AMENDED ORDER ON MOTION FOR RECONSIDERATION This matter came before the Court on plaintiffs motion for reconsideration of dismissal of his adversary complaint. This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District Court for the Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). On Februa...
Views: 1
MEMORANDUM OPINION This matter came before the Court on a Complaint to Determine the Validity, Priority or Extent of Federal Tax Lien filed by the Debtor, Joyce Elms. A trial was held on the Complaint, at which time the Court heard the statements of counsel and the testimony of witnesses. Having considered the statements made, the evidence offered, the memoranda submitted and the applicable law...
Views: 0
MEMORANDUM OPINION This shall set forth the court’s decision on a motion by defendant Chemical Bank New Jersey, N.A. (hereinafter “Chemical Bank” or “the Bank”) for summary judgment in this adversary proceeding. The complaint filed by plaintiff James Crispino (hereinafter “the debtor”) sought a determination of the validity, priority and extent of a ship’s mortgage held by Chemical Ba...
Views: 0
MEMORANDUM OPINION This case was originally filed as a Chapter 7 case; it was converted to a Chapter 13 case on May 14, 1993. The matter before the Court is the motion of creditor Bank of the Mountains (“the Bank”) for relief from stay, filed herein on May 5, 1993. The debtors had filed a Response to the Motion on May 12, 1993. The Court heard this matter on August 5, 1993 and additional brie...
Views: 3
OPINION Introduction Charter Technologies, Inc. d/b/a Elgin Electronics (“Debtor”) filed a voluntary Petition under Chapter 11 of the Bankruptcy Code on January 20, 1993. Fellheimer, Ei-chen & Braverman, P.C. are attorneys for the Debtor. On June 28, 1993, the Debtor, through its attorneys, filed an Adversary Complaint (“Complaint”) at Adversary No. 93-1286 seeking $4.25 million in damages an...
Views: 0
OPINION This is, an action to avoid a fraudulent transfer under section 548 of the Bankruptcy Code. 1 The Debtors seek to set aside a foreclosure sale of their homestead, claiming that the price paid at the foreclosure sale did not constitute “reasonably equivalent value” under section 548(a)(2)(A). Citicorp Acceptance Corporation (Citi-corp), the mortgagee, conducted a no...
Views: 1
OPINION The Debtors filed a Chapter 13 case and two objections to confirmation of their plan were filed. The first one was filed by the Chapter 13 Trustee. Prior to filing their Chapter 13 case, the Debtors entered into a long term lease of real estate with a $300.00 yearly rental, and agreed to purchase a cabin located on the real estate for $15,000.00. The purchase is being financed by the De...
Views: 0
DECISION ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY The United States of America (“United States”), on behalf of the United States Navy, has moved for relief from the stay imposed by 11 U.S.C. § 362 in this Chapter 7 proceeding. This is a core proceeding in which the Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. § 1334 and § 157(b)(2)(G). The debtor, I...
Views: 0
MEMORANDUM OPINION AND ORDER Creditor Levitón Manufacturing Company objected to the application of the Official Unsecured Creditor’s Committee to retain a second law firm as special counsel. For the following reasons, the application to retain special counsel is denied. FACTS The firm of Levy & Craig is the appointed counsel for the Official Unsecured Creditors’ Committee. A Chapter 11 plan w...
Views: 0
MEMORANDUM OF DECISION This matter came before the Court on Stephen and Joan Marder’s (the “Movants”) motion for relief from stay. After due notice, an evidentiary hearing was held on September 8, 1993 and September 21, 1993, after which the parties submitted post-trial briefs and proposed findings of fact. Based on the testimony and the evidence submitted at trial and the pleadings s...
Views: 0
MEMORANDUM OPINION AND ORDER Plaintiff, The Official Unsecured Creditors’ Committee, filed a preference action against Defendant Levitón Manufacturing Company, Inc. Levitón filed a motion to dismiss, alleging that the Committee was not a proper party to bring the complaint and the complaint was barred by the two year limitation period in 11 U.S.C. § 546(a)(1). The court has jurisdicti...
Views: 0
OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION This opinion rules on cross-motions for summary judgment. The cross-motions are *261made in a nondischargeability adversary proceeding brought by plaintiff Demetrios James Sophos (Sophos) against joint debtors John William Hibbs (Mr. Hibbs) and Sandra Burris Hibbs (Mrs. Hibbs), who are husband and wife. Plaintiff Sophos’ motion for sum...
Views: 0
ORDER This matter was initiated by the filing of a COMPLAINT in this matter on November 18, 1992. The defendant filed an ANSWER on January 8, 1993. This matter came before the Court for a trial in the adversary proceeding on May 17 and 18,1993, at which time the matter was taken under advisement. The DEFENDANT’S BRIEF was filed on June 4, 1993. The plaintiffs filed a POST-TRIAL BRIEF ...
Views: 0
ORDER DENYING MOTION TO EXPEDITE HEARING CAME ON for consideration the motion of debtors to expedite hearing on the sale of *787 property. Upon consideration thereof, it is the ruling of the court that the motion to expedite should not be granted. The motion to sell will be set for hearing in the ordinary course. The facts of this ease are what motivates the court to write on the matter. ...
Views: 0
MEMORANDUM OF DECISION Midwest Engineering, Inc. (“MEI”), Defendant in the above-captioned adversary proceeding, has filed this Motion to Dismiss. After due deliberation, this Court denies the motion. I. Background On November 8, 1988, Shape, Inc. (“Shape”) filed a voluntary petition for reorganization pursuant to 11 U.S.C. Chapter 11. On March 23, 1992, the Trustee timely1 filed this adversa...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the Court on a Motion by Carolyn S. Goad (“Debtor”) to avoid a nonpurchase-money lien held by Patrick Henry National Bank (“Creditor”) on a 1971 mobile home. The Debtor’s Motion is a core proceeding and this Court has jurisdiction pursuant to 28 U.S.C. §§ 157(b)(2)(K) and 1334(b). Because Creditor’s lien is a nonpos-sessory, nonpurchase-m...
Views: 0
OPINION In this chapter 7 proceeding, the trustee of the estate of Roice McElwee (debtor) filed a complaint seeking to avoid under 11 U.S.C. § 544(b) the transfer of certain property from debtor to his mother, Nona McElwee (defendant). 1 The relevant facts are as follows: On November 17, 1986, debtor’s ex-wife, Carol McElwee, was granted a divorce by default judgment in Tennessee. To secu...
Views: 0
MEMORANDUM OF DECISION Before the Court for disposition is a motion filed by the Internal Revenue Service (hereafter “IRS”) for relief from the automatic stay. IRS seeks permission to set off Debtor’s federal income tax refunds attributable to tax years 1989, 1990 and 1991 against her liability for income taxes for tax year 1987. The Chapter 7 Trustee objects to the motion. The relevant facts a...
Views: 0
MEMORANDUM ORDER DENYING EXEMPTION OF DEBTOR’S HOMESTEAD The above-entitled matter came on for hearing before the undersigned on the 29th day of September, 1993, on the trustee’s objection to the claimed exemption of Debt- or’s homestead. Appearances were as follows: . G. Martin Johnson for the trustee; John Hedback for Debtor; and Keith Brody for Robert Casselman. FACTS ...
Views: 5
MEMORANDUM OF DECISION Wertheim Schroder, Inc. (‘Wertheim”), Defendant in the above-captioned adversary proceeding, has filed two Motions for Partial Summary Judgment, one dated July 13,1993, and one dated August 23, 1993, on counts eight through eleven of the Ames Department Stores, Inc. (“Ames”) complaint. As described below, Wertheim’s July 13, 1993 Motion for Partial Summary Judgm...
Views: 1
OPINION An auctioneer appeals the bankruptcy court’s decision: (1) reducing its advertising expenses, (2) prorating its fee for conducting a liquidation sale of debtor’s assets along with other administrative claims in an administratively insolvent estate, and (3) denying its request for reimbursement of legal fees. We affirm. FACTS AND PROCEEDINGS BELOW Chapter 11 debtor in...
Views: 0
ORDER Before the Court is Defendant Pride Chrysler-Plymouth’s Motion for Summary Judgment in the above captioned adversary proceeding. The Plaintiff Trustee alleges that in 1987 Pride agreed to sell 108 automobiles to Better Vehicle Rentals, Inc. (BVRI), that Pride would retain $25 per vehicle, and remit all other monies it received from Chrysler Corporation to BVRI. It is further alleged that P...
Views: 0
MEMORANDUM DECISION At issue is whether the doctrine of res judicata bars the debtors’ motion to avoid a judicial lien. 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 of California. This is a core proceeding pursuant to § 157(b)(2)(A) and (K). FACTS In March of 1989, V...
Views: 0
MEMORANDUM OF OPINION ON MOTION FOR CLARIFICATION OF PLAN Michael David Hubbard and Patsy Anne Hubbard (Debtors) asserted that the statutory interest on Mr. Hubbard’s nondischargeable criminal fine wás discharged pursuant to the provisions of their confirmed Chapter 11 plan. The court finds that the interest was not discharged. 1 *174 FACTS On February 13, 1991, the Debtors filed for re...
Views: 1
MEMORANDUM OF DECISION DENYING CONFIRMATION OF CHAPTER 13 PLAN The matter before the Court is the confirmation of the Second Amended Chapter 13 Plan (“plan”) of Bonnie and Mark Less-man, the debtors herein. Among the assets listed in debtors’ joint Chapter 13 petition, is a vacation home located in Tunck-hannock, Pennsylvania (the “Premises”). The First Bank of Pittson, Pennsylvania (the ...
Views: 0
*97 DECISION ON MOTION FOR PAYMENT OF COUNSEL FEES AND SERVICES The Chapter 11 debtor’s prepetition attorney, Monroe Yale Mann (“Mann”), has filed a claim for payment of his legal services to the debtor which resulted in the settlement of a state court action in favor of the debtor and the reduction of a mortgage. Mann’s claim for legal fees relies on two sources: (1) the cha...
Views: 1
DECISION ON MOTION BY DEBTOR AND CROSS-MOTION BY DEFENDANT FOR SUMMARY JUDGMENT REGARDING DEBTOR’S VESTED RIGHTS IN CERTAIN REAL PROPERTY The plaintiff in the present adversary proceeding, Route 202 Developers, Inc. (the “debtor”), filed its Chapter 11 petition with this Court on May 10, 1993. The present action relates to rights in real property owned by the debtor and located in the town of Ha...
Views: 0
MEMORANDUM I.INTRODUCTION The matter before the Court is the Objection filed by Clement Thomas, d/b/a/ C & J Remodeling (“Thomas”) to the Chapter 13 plan proposed by the Debtor, Jean May Simon (“Simon” or the “Debtor”). The Debtor filed a Chapter 13 petition on May 14, 1994. On Schedule D, she listed two creditors: Thomas and Statewide Funding Corporation (“Statewide”). The Debtor disclosed that ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Defendant’s Motion for Summary Judgment; Memorandum in Support; and Reply to Debtor’s Memorandum; and Plaintiffs Memorandum in Opposition to Defendant’s Motion for Summary Judgment. The Court has reviewed the written arguments of counsel, supporting affidavits, statements and exhibits, as well as the entire record in the case...
Views: 2
ORDER DENYING CONFIRMATION OF PLANS OF DEBT ADJUSTMENT These Chapter 13 cases are before the Court for the proceedings on confirmation of the plans of debt adjustment proposed by the respective debtors. In both cases, a creditor holding a claim secured by a mortgage against the homestead of the debtor(s) has objected to confirmation. The objections were argued at the scheduled confirmatio...
Views: 0
MEMORANDUM OF OPINION ON OBJECTION TO DISCHARGE Thomas M. Wheeler, Trustee-in-Bankruptcy (Trustee) filed an objection to the discharge of Randal G. Tharp and Beverly Ann Tharp (Debtors). The Trustee asserted that the Schedules and Statement of Financial Affairs filed by the Debtors were materially false and, therefore, their discharge should be denied under § 727(a)(4)(A) of the Bankruptcy Code.1...
Views: 0
DEFENDANT’S MOTION FOR MANDATORY ABSTENTION PURSUANT TO 28 U.S.C. 1334(c)(2) Arnold S. Warwick, the defendant in this adversary proceeding (‘Warwick”), has moved for mandatory abstention pursuant to 28 U.S.C. § 1334(c)(2). In support of his position, the defendant asserts that the adversary proceeding involves issues which are non-core and should be adjudicated in an identical action ...
Views: 2
ORDER This matter arises on debtor’s objection to the claim of White Eagle Building Materials, Inc. (“White Eagle”). The Court will overrule this objection, finding due process mandates allowance of an untimely claim or, alternatively, that this creditor timely filed an informal proof of claim. I White Eagle supplied debtor with materials for construction projects. The account w...
Views: 0
MEMORANDUM OPINION This matter came before the Court on November 3, 1993 on the debtor’s motion to dismiss the complaint filed by Paul J. St. Pierre (“St. Pierre”) as untimely. (PI. 35). The matter was taken under advisement at the hearing. Considering the record, the memoranda, and the applicable law, the motion is DENIED. I. FACTS The debtor filed for protection un...
Views: 0
ORDER This matter came before the Court on stipulated facts and exhibits as set forth in the pretrial order. The parties further agreed to present their legal arguments by briefs. Prior to the submission of the briefs, the parties entered into a consent order which found that the debtor’s federal income tax liabilities for 1973, 1976, 1977, 1978, 1979, 1980, 1981, 1982 and 1983 are di...
Views: 0
DECISION BE: DISCHARGEABILITY PURSUANT TO SECTIONS 523(a)(4) & 523(a)(6) OF THE BANKRUPTCY CODE Davidcraft Corporation (“Davidcraft”) and Davidcraft, Ltd. (collectively the “Plaintiffs”) have filed an adversary proceeding in the instant bankruptcy proceeding seeking a determination by this Court that a money judgment entered against Louis Baer (the “Debt- or”) on behalf of the Plainti...
Views: 0
SUPPLEMENTAL OPINION ON ORDER DENYING EMERGENCY MOTION TO REOPEN CASE UNDER SECTION 350(b) OF THE BANKRUPTCY CODE By Order dated June 11, 1993, the Court denied the Emergency Motion of Creditor, Sheehan Realty Corporation, to Reopen this case under Section 350(b) of the Bankruptcy Code (“Emergency Motion”). This case was previously dismissed by Order dated February 5, 1992 (“Order of Dism...
Views: 1
DECISION AND ORDERS Presently before the court are the debtors’ “Motion to Avoid Lien on Exempt Property” (Doc. # 14) under § 522(f) of the Bankruptcy Code and a “Motion Seeking Relief from Automatic Stay by Beneficial Ohio, Inc.” (Doe. # 10). The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this district. This matter is a core proceeding und...
Views: 0
ORDER ON OBJECTION TO CONFIRMATION OF CHAPTER IS PLAN On July 7, 1993, debtors filed their joint voluntary petition herein under Chapter 13 of the Bankruptcy Code. 1 In their Chapter *272 13 plan, as amended on October 28, 1993, debtors propose to treat the claim of Associates Financial Services Co., (“Associates”), the holder of a first mortgage on debtors’ principal residence, as fully ...
Views: 2
MEMORANDUM In order to determine the amount of adequate protection payments to be made to a mortgage holder, the court must decide what interest rate is payable on Nebraska county real estate taxes for the period between the commencement of a bankruptcy case and the confirmation of a plan. I conclude that the Nebraska statutory rate of fourteen (14) percent should be used to calculate the amo...
Views: 0
AMENDED AND RESTATED EXTRACT OF BENCH RULING ON MOTIONS TO EXTEND BAR DATE Before the Court are four separate motions to extend the bar date pursuant to Federal Rule of Bankruptcy Procedure 9006(b)(1) (“Rule 9006(b)(1)”) in certain of the chapter 11 cases of R.H. Macy & Co., Inc. and its subsidiaries (collectively, “the Debtors”). The Movants are Bryant Falzon, by his parents David and Mi...
Views: 1
OPINION AND ORDER DISALLOWING EXEMPTION Factual Background. This matter came before the court for hearing on objections by the Chapter 7 Trustee, the Michigan Department of Treasury (“Treasury”), and the Estate of William Wright (‘Wright estate”) to the Debtor’s exemption of his interest in an annuity. The facts of this ease are straightforward. The Debtor in this ease was convicted of second degr...
Views: 0
MEMORANDUM OPINION This constitutes the court’s decision on cross-motions for summary judgment. Defendants Charles and Mary Kouterick (“the debtors”) moved for summary judgment dismissing the complaint of plaintiff Midlantic National Bank (“Midlantic”). Midlantic filed a cross-motion for summary judgment on its complaint to revoke the order confirming the debtors’ chapter 13 plan on t...
Views: 1
*940OPINION AND ORDER TRANSFERRING ADVERSARY PROCEEDING TO DISTRICT COURT This matter is before the Court on the Court’s own motion to refer William and Joyce Walton’s (“the Debtors”) complaint filed May 19, 1993 alleging violations of their Constitutional rights to Equal Protection and Due Process and alleging discrimination under 42 U.S.C. § 1983 to the United States District Court. The Court h...
Views: 0
MEMORANDUM OPINION The matter before the court is the portion of the Objections of the Unofficial Committee of 13íá% Noteholders (13/é’s) and Bank Of America N.T. & S.T., As Indenture Trustee, (“Objectors”), to the Debtors’ First Amended Joint Plan of Reorganization as Twice Modified (“Plan”) as they pertain to the subordination provision contained in Section 15.02 paragraph three of ...
Views: 0
OPINION AND ORDER DENYING REQUEST FOR CONTEMPT OF COURT AND ORDERING RECEIVER TO TURNOVER FUNDS TO BANKRUPTCY TRUSTEE This matter is before the Court upon William and Joyce Walton’s (the “Debtors”) pleading “Entry Alternative Recusal re Common Pleas Court Case No. 90-CV-89” filed with this Court on March 16,1993. The Debtors alleged that a number of parties were in contempt of this Court for viola...
Views: 0
MEMORANDUM Before the court is the Motion For Distribution Of Sale Proceeds (Fil. # 160) by Farm Credit Bank & Trust Company, Aurora, Nebraska (hereinafter the “Bank”), and Robot-ham Dairy’s Resistance thereto (Fil. # 166). Both the Bank and Robotham Dairy claim an interest in certain cows of the debtors that were sold at an auction on March 3, 1993. I *244conclude that the Bank’s Motion For Di...
Views: 0
MEMORANDUM OPINION On March 11, 1992, Thomas Communications, Inc. (hereinafter “Thomas”) filed its petition for rehef under Chapter 11 of the Bankruptcy Code. 11 U.S.C. § 1101 et seq. As debtor-in-possession, Thomas operated two radio stations, WKKW (FM) of Clarksburg, West Virginia, and WBES (FM) of Charleston, West Virginia. Thomas held FCC broadcasting hcenses to operate bot...
Views: 0
Memorandum Decision on Defendant’s Motion for Summary Judgment On January 8, 1993, the trustee commenced an adversary proceeding pursuant to 11 U.S.C. § 547(b) against defendant, Ropes & Gray (“R & G”) to avoid a series of ten allegedly preferential transfers. The defendant filed an answer and later a motion for summary judgment (the “motion”) pursuant to FRCP 56, made applicable to t...
Views: 0
This is a “core” proceeding (28 U.S.C. § 157) in which the Bankruptcy Trustee seeks to avoid, as 11 U.S.C. § 547(b) “preferences,” payments that were made to the defendant totalling $5,910.63 within 90 days before the Debtor filed its Chapter 11 Petition on June 8, 1990. *6The defendant does not dispute that preferential payments were made, but raises a number of arguments as affirmative defenses ...
Views: 0
In this Adversary Proceeding, the Debtor, Leslie P. Kraft, seeks judgment discharging her student loans on the basis of undue hardship under 11 U.S.C. § 523(a)(8). After trial, the Court denies the judgment she seeks, 1 for as discussed herein, she has *83 sought discharge of this debt too soon after bankruptcy discharge to establish “good faith.” The facts, as they existed at the time of t...
Views: 1
ORDER This adversary proceeding is before the Court on defendant’s motion to set aside the Court’s Order of August 17, 1992, denying debtor’s discharge in bankruptcy. Defendant’s motion is brought pursuant to Rule 9024 of the Federal Rules of Bankruptcy Procedure which makes Rule 60 of the Federal Rules of Civil Procedure applicable to bankruptcy eases. The August 17, 1992 Or *317 der which...
Views: 1
MEMORANDUM OF OPINION AND ORDER This case is before the court on the MOTION FOR AUTHORITY TO UTILIZE ESTATE FUNDS FOR PLAN OF LIQUIDATION filed by Tollman-Hundley Dalton, L.P. (“Debtor”) and MOTION FOR ABANDONMENT AND ACCOUNTING OF RENTS, OR IN THE ALTERNATIVE, FOR DEBTOR TO ACCOUNT FOR CASH COLLATERAL filed by Financial Security Assurance, Inc. (“FSA”), a creditor herein. These matters are. ...
Views: 0
JOURNAL ENTRY This adversary proceeding came before the court for trial on July 28, 1993. Mr. James Nisley appeared on behalf of Edmund J. Jacobsen. Mr. H.I. King appeared on behalf of Margaret O. Jacobsen. The plaintiff, Margaret O. Jacobsen, seeks a declaration that the debtor’s obligation to make certain payments to her is not dischargeable pursuant to § 523(a)(5). I conclude that such obliga...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Debtors’ Motion to Dismiss. At the Hearing, Debtors were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons, this Court finds that Debtors’ Motion to ...
Views: 0
MEMORANDUM OPINION AND ORDER This case comes before the Court after Trial on Plaintiffs Complaint to Determine the Dischargeability of a Debt Under 11 U.S.C. Section 523(a)(8)(B) and Great Lakes Higher Education’s (hereafter “Great Lakes”) Answer and Counterclaim. At Trial, *200 the parties were afforded the opportunity to present evidence, stipulations, briefs and argume...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs Complaint to Avoid Preferential Transfer to Thompson, Hiñe and Flory (hereafter “Defendants”) and Defendants’ Answer. At the Trial, the parties were afforded the opportunity to present testimony, evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire recor...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Debtor’s Objection to Proof of Claim, filed by Union Bank of California (hereafter “Union Bank”). A Hearing was convened on Debt- or’s Objection and Counsel agreed to submit written arguments. Both parties submitted Briefs in support of their position. After the Hearing, Counsel agreed to submit Post-Trial Memorandum in-lieu of ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs Complaint to Determine Dis-chargeability and/or Objection to Discharge Pursuant to 11 U.S.C. Section 528 and 11 U.S.C. Section 727; and the Answer of Defendant, John Hix, Jr., (hereafter “Defendant”). Miriam Hix, was subsequently dismissed as a party Defendant. At the Trial, the parties were afforded the op...
Views: 0
OPINION OSTROM-MARTIN, INC. (OMI) was a grain dealer. The Defendant was a member of OMI’s Board of Directors and its President. OMI was the subject of an involuntary petition in Chapter 7, with OMI consenting to an adjudication. The Defendant filed his own Chapter 7 bankruptcy. OMI’s trustee in bankruptcy filed a five count amended complaint against the Defendant. Count 1 is under § ...
Views: 1
I ANATOMY OF THE LITIGATION. Plaintiffs complaint seeks to except her debt from debtor-defendant’s discharge. It arises from a consent judgment entered in her favor and against defendant in the United States District Court. Summary judgment is requested to grant collateral estoppel effect to the consent judgment thereby declaring it nondischargeable. In 1979 the parties, who ...
Views: 3
MEMORANDUM Procedural history Debtor initially filed a petition for relief under Chapter 13 of the Bankruptcy Code on August 28, 1989. Debtor elected to withdraw this petition, and, on June 14, 1991, I issued an Order dismissing the case. On September 3, 1991, Debtor filed a second petition for relief, this time under Chapter 7 of the Bankruptcy Code. The ease was administered as a no ass...
Views: 0
MEMORANDUM OF DECISION FACTS. The facts in this case are derived from a Stipulation of Facts submitted to the Court, which also contains certain documentary exhibits. A review of the Stipulation and exhibits shows that on July 3, 1992, Debtors Delwin and Janiece Walker purchased a 1989 *486 Ford Taurus from Ted’s, Inc. (Ted’s), a Poca-tello auto dealer. In connection wit...
Views: 3
MEMORANDUM OPINION In this adversary proceeding, the plaintiffs seek to enjoin the Resolution Trust Corporation (“RTC”), as conservator for HomeFed Bank, F.A., (“New HomeFed”) from the sale of the debtor’s note and mortgage. The note and mortgage are held by the RTC as part of a pooled sale of notes and mortgages presently under contract to an undisclosed buyer. The plaintiffs are Island Reach ...
Views: 0
ORDER GRANTING CREDITOR’S MOTION FOR SANCTIONS THIS CAUSE is before the Court on the motion of Associates Services Company of Alabama, Inc. (“Associates”), a creditor in the above styled case, seeking the imposition of sanctions against the Debtors and their attorney, Anton J. Pécora (“Pécora”), for bringing forth a motion to avoid a lien under 11 U.S.C. § 522(f)(2)(A). At the conclusion of t...
Views: 0
MEMORANDUM ORDER CONDITIONALLY DENYING CONFIRMATION OF CHAPTER 13 PLAN The above-entitled matter came on for hearing before the undersigned on the 4th day of November, 1993, on Norwest Bank Minnesota’s (“Norwest”) objection to confirmation of chapter 13 plan and motion for relief from stay. Appearances were as follows: Robert Kugler and Nauni Manty for Norwest; Roderick Hale for debto...
Views: 0
ORDER ON MOTION FOR RELIEF FROM STAY THIS MATTER came on for hearing on the motion of Harvesters Federal Credit Union (Harvesters) for reHef from the automatic stay to permit it to setoff the debtors’ indebtedness to the credit union under a Visa credit card account against funds on deposit with the credit union. The debtor has objected to the reHef on the basis that such setoff is prohibited...
Views: 0
*295 ORDER ON OBJECTION TO CLAIM THIS CAUSE was heard before the Court on the objection of Senior Care Properties, Inc., a debtor-in-possession (“Debtor”), to the claim of the Tallahassee Memorial Regional Medical Center (“TMRMC”). At the hearing on the debtor’s objections to claims, the Court directed the parties to submit memo-randa of law within 20 days, and file responses to those memoranda ...
Views: 0
ORDER GRANTING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE was heard by the Court on the motions for summary judgment filed by both parties to this adversary proceeding. On April 3, 1992, John E. Venn, Jr., as *287 trustee in bankruptcy for the Debtors (the “Trustee”), filed a complaint seeking a determination of the character of a certain lease between the Gregory H...
Views: 1
AMENDED MEMORANDUM OPINION In this adversary proceeding, the Trustee filed a complaint, now amended, against Ray and Brenda Maples, seeking to avoid certain transfers from the debtor to the Maples as fraudulent conveyances under 11 U.S.C. § 548. The issues raised in that complaint are core under 28 U.S.C. § 157(b)(2)(H). Beverly Poston 1 was allowed to intervene in this adversa...
Views: 1
MEMORANDUM OF DECISION This matter arises out of an application by Counsel for compensation and reimbursement of expenses in the representation of Richard J. Fraser and Erlene L. Fraser (the “Frasers”), who filed for Chapter 13 protection on September 21, 1988. On February 23,1989, the case was converted to a Chapter 7 proceeding and the law firm of Platz & Thompson (the “Applicant”) represente...
Views: 0
ORDER This matter is before the Court on objection by Ford Motor Credit Company to confirmation of the Debtors’ proposed Chapter 13 Plan. Appearances are noted in the record. The Court, having considered arguments at hearing on May 13, 1993, and having reviewed the briefs of the parties and an Amicus brief submitted by General Motors Acceptance Corporation, now being fully advised in the matter...
Views: 1
ORDER DENYING CONFIRMATION THIS CAUSE is before the Court upon the objection to the plan of the Arkansas Fidelity Bond Trust Fund, by the Attorney General of the State of Arkansas, filed on June 17, 1993. The matter came on for hearing on August 25, 1993, after which it was taken under submission. Debtor had worked for, and embezzled from, the Concord School District. In November 199...
Views: 0
ORDER ALLOWING FEES This matter is before this Court following a remand of an appeal pertaining to the allowance of attorney’s fees to R. Scott Seho-field, Debtors’ attorney (“Schofield” or “Applicant”). The Order of remand which entered on August 6, 1993, directed this Court to conduct a hearing on the reasonableness of the Applicant’s fees and costs in this case. Upon receipt of th...
Views: 0
ORDER RE: MOTION OF ROSALBA MARASZKIEWICZ FOR ORDER FINDING THAT HER CLAIM IS EXCEPTED FROM THE CHAPTER 11 PROCEEDING This Chapter 11 case is before the Court on the Motion for Finding that the Claim of Rosalba Maraszkiewicz is Excepted from Discharge under the terms of the Plan of Reorganization of Federated Department Stores. The Reorganized Debtors filed a response in opposition to the Motio...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the trial of the complaint to determine dis-chargeability of debts. The plaintiff, the former wife of the debtor, seeks a declaration that certain debts are not dischargeable in the debtor’s bankruptcy, pursuant to section 523(a)(5). The parties were married for a period of ten years, divorcing in Augus...
Views: 0
ORDER GRANTING RELIEF FROM STAY THIS CAUSE is before the Court upon the Motion for Relief from Stay filed by First Commercial Mortgage Company on September 27,1993. The matter was called for trial on October 5, 1993, at which time the parties stipulated to the facts and requested that they be permitted to brief the issues. The debtor, represented by Richard J. Orintas, submitted his brief on ...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the trial of the complaint objecting to discharge. A document entitled Petition to Object to Discharge was filed with the clerk’s office on February 18, 1993, in which the plaintiff asserted that the debtors’ discharge should be denied, stating grounds under sections 727(a)(2), (3) of the Bankruptcy Code. An answer wa...
Views: 0
This matter comes before the Court upon the application of Kenneth P. Silverman, the Chapter 7 Trustee (the “Trustee”) to retain *340 as liquidated damages a deposit by the highest bidder at a Trustee’s auction sale of the Debtor’s real property based upon the bidder’s failure to consummate the sale. FACTS AND BACKGROUND Oyster Bay Cove, Ltd. (“Debtor”) filed a volunt...
Views: 0
ORDER DENYING MOTION FOR . APPROVAL OF SUBSTITUTION OF DIRECTOR THIS CAUSE is before the Court upon W.T. Paine’s “Motion for Substitution of Director” filed on October 8, 1993, to whieh a response was filed by the debtor on November 2, 1993. A Supplemental Statement in Support of Motion for Approval of Substitution of Director was filed by W.T. Paine on November 22, 1993. The motion requests th...
Views: 0
*465 ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM THIS CAUSE is before the Court upon the Amended and Substituted Motion for Summary Judgment filed by the defendant and counterclaimant, Connie Jo Naydan, on August 26, 1993, to which the plaintiffs and counterclaim defendants responded on September 13, 1993. The primary facts of this dischargeability action are not in dispute. C...
Views: 0
MEMORANDUM AND ORDER ON DEBTORS’ MOTION TO DETERMINE THE SECURED STATUS OF LIENS IN CHAPTER 13 The issue presented here is whether the respondent’s claim is secured “only by a security interest in real property that is the debtor’s principal residence” within the meaning of that term of art in § 1322(b)(2) when the claim is secured by a mortgage which encumbers not only land and improveme...
Views: 0
MEMORANDUM OPINION ON BOODELL SEARS’ OBJECTION TO TRUSTEE’S FINAL REPORT AND ACCOUNT Coron, Inc. (“Coron” or “Debtor”) filed for protection under Chapter 11 of the Bank *450 ruptcy Code on April 16, 1984. During pen-dency of the Chapter 11 proceeding, Debtor was authorized to retain Boodell, Sears, Gi-ambalvo & Crowley (“Boodell Sears”) as special litigation counsel to pu...
Views: 0
DECISION ON OBJECTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION AND THE UNITED STATES TRUSTEE TO THE APPLICATION FOR FINAL COMPENSATION OF KAY, SCHOLER, FIERMAN, HAYS & HANDLER Croton River Club, Inc. (the “debtor”) filed a voluntary petition for reorganization under Chapter 11, 11 U.S.C. §§ 1101 et seq., with this Court on February 14, 1991 (the “petition date”). The de...
Views: 0
ORDER DENYING APPLICATION TO EMPLOY NUNC PRO TUNC Before the Court is the Application of the Chapter 7 Trustee, Louis Geremia, Esq., to Employ and Compensate the Warburton Agency, Nunc Pro Tune to December 1, 1992, for appraisal services. The basis for the nunc pro tunc nature of the application is that “the debtor never properly hired the Warburton Agency as appraiser for the estate.” It was in...
Views: 0
OPINION Comes now before the Court the Motion of Robert Francis and Jane A. Doviak (“Debtors”) to Fix Value of Tax Liens (“the motion”) pursuant to regular setting in Beaumont, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Fed.R.Bankr.P. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND The fa...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION 1 This adversary proceeding comes before the Court on the complaint of Leroy Charles Griffith (“Griffith”) to determine the dis-chargeability of his federal income tax debt. After considering the arguments and evidence presented, the Court enters these Findings of Fact and Conclusions of Law. This is a core proceeding ove...
Views: 0
MEMORANDUM OF DECISION I. The principal issues raised in this proceeding are whether, or to what extent, a *384 debt owed by the Chapter 7 defendant-debtor to the plaintiff-credit union is non-dischargeable and whether the debtor is entitled to a Code § 727 discharge. The following background is based upon a trial held on November 18, 1992. II. The debtor, a former police officer, app...
Views: 0
OPINION Comes now before the Court the two above-styled and referenced adversary proceedings for status conference hearing pursuant to regular setting in Plano, Texas. During the status conference hearing it became evident that the underlying bankruptcy case filed by Frederic M. and Beverly A. Moseley (“Debtors”) had earlier been dismissed. The issue which confronts this Court is the propriet...
Views: 0
ORDER This matter comes before the Court on the Motion to Avoid Liens, filed by the debtors Robert T. and Gwen M. Raines (hereinafter “Debtors”), and the objection thereto filed by First Family Financial Services, Inc. (hereinafter “First Family”). By their Motion, the Debtors seek to avoid a nonpossessory, non-purchase-money security interest in certain household goods, a core procee...
Views: 0
MEMORANDUM OPINION These matters come before the Court on the two-count complaint filed by South Motor Chrysler-Plymouth, Inc. (the “Debtor”) against Chrysler Motor Corporation a/k/a Chrysler Corp. (the “Creditor”) seeking the alternative relief of specific performance or damages for alleged breach of a certain agreement (the “Agreement”). In addition, the Creditor’s filed proof of cl...
Views: 0
*368 MEMORANDUM Before me is the issue of whether a classification scheme proposed by debtor Thorn-wood Associates (“Thomwood”) may be permitted consistent with the decision of the Third Circuit Court of Appeals in John Hancock Mutual Life Ins. Co. v. Route 37 Business Park Assocs., 987 F.2d 154 (3d Cir.1993). For the reasons set forth below, I hold that it cannot,...
Views: 0
OPINION This appeal arises from an order granting summary judgment on the ground that the debts arising from sanction orders by the California Court of Appeal were nondis-ehargeable under § 523(a)(6) 1 as a matter of law, since the findings by the California Court of Appeal were entitled to collateral estoppel effect. The debtor appeals. We AFFIRM. I. FACTS In 1986, G...
Views: 1
MEMORANDUM OPINION Several matters are before the court at this time. Defendant Integra Bank/Pittsburgh (“Integra”) has submitted a motion for reconsideration of a judgment in the amount of $27,500.00 previously entered against it and in favor of plaintiff Robert H. Slone (“trustee”) or, in the alternative, for reopening of the record in order to present additional evidence. The trust...
Views: 1
MEMORANDUM OPINION Several matters are before the court. Baskin-Robbins Incorporated and Baskin-Robbins USA Company (collectively “B-R”) filed the above-captioned adversary complaint, wherein they seek an injunction prohibiting debtors from using B-R’s name or any other similar designation and from otherwise suggesting to the general public an affiliation with B-R. It also seeks to en...
Views: 0
DECISION AND ORDER ON MOTION FOR VACATUR OF ORDER OF DISMISSAL PRELIMINARY STATEMENT This matter comes before the Court upon a motion (“Motion”) by Michael Jude Jan-nuzzi (“Movant”), attorney for the above-captioned plaintiff (“Plaintiff”), for an order vacating the Court’s order, dated October 6, 1992 (“Dismissal Order”), dismissing the above-referenced adversary proceeding (“Adversary Proceeding...
Views: 0
SUMMARY ORDER John Krommenhoek, the trustee in this chapter 7 bankruptcy, moves for an order permitting him to revoke a revocable trust created by David and Darlene Ross (“debtors”). Debtors oppose the motion. The debtors filed their chapter 7 petition on March 29, 1993. The debtors had previously entered into an agreement entitled “The Ross Family Living Trust” with an effective date of June...
Views: 0
MEMORANDUM OF DECISION The chapter 13 standing trustee does not recommend confirmation of the debtors’ chapter 13 plan. He alleges the plan does not comply with the provisions of 11 U.S.C. § 1325 in that the plan unlawfully classifies certain unsecured creditors. The debtors’ proposed plan creates two classifications of unsecured claims. To quote from the debtors’ plan: (2) Classification o...
Views: 0
*861 SUMMARY ORDER This matter is before the Court on the motion of the Internal Revenue Service (“IRS”), the defendant in the above-captioned adversary proceeding. The IRS moves for a stay of the adversary proceeding pending the completion of a criminal investigation against David and Darlene Ross (“debtors”), the plaintiffs in this adversary proceeding and the debtors in the un...
Views: 0
OPINION Before the Court is a Motion for Relief from the Automatic Stay filed by Dunkin’ Donuts of America, Inc. and Dunkin’ Donuts of Pennsylvania, Inc. (collectively “Dunkin’ Donuts”) the Franchisor and Landlord respectively of the instant Debtors who operate a Dunkin’ Donuts Store at 9173 Roosevelt Boulevard, Philadelphia Pennsylvania. Testimony and other evidence was taken at hear...
Views: 1
MEMORANDUM OF DECISION Daniel Zaleha (“debtor”) is the debtor in this chapter 11 bankruptcy. Two basic matters are before the Court. First is confirmation of the debtor’s proposed chapter 11 plan. Two creditors of the debtor, Rosholt, Robertson & Tucker (“Rosholt Robertson”) and Toyota Motor Credit Corporation (“TMCC”), both oppose confirmation. Debtor disputes the objections of both Rosh...
Views: 1
DECISION ON ORDER DETERMINING THE AMOUNT OF THE SECURED CLAIM OF THE UNITED STATES ON BEHALF OF THE SMALL BUSINESS ADMINISTRATION AND REQUIRING PAYMENT I. PRELIMINARY STATEMENT 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 purs...
Views: 1
RULING ON WHETHER PROCEEDING IS GORE PROCEEDING I. ISSUE The trustee for Astroline Communications Company Limited Partnership, the debtor in *875 this chapter 7 case, filed an adversary proceeding against various entities seeking to recover any deficiency in the assets of the debtor to pay in full the claims of its creditors. The trustee alleges in his compl...
Views: 0
MEMORANDUM OPINION Before the court for decision is an objection filed by the debtor to the amended claim filed in this action by the Internal Revenue Service. FACTS The debtor filed a petition for relief under chapter 13 of the Bankruptcy Code on October 30, 1990. The proceeding was subsequently converted to one under chapter 11. On December 3, 1990, the Internal Revenue Service filed ...
Views: 0
OPINION The appellees filed an adversary proceeding seeking a determination that a state court judgment debt owed them by the debt- or was nondischargeable under 11 U.S.C. § 523(a)(4). The bankruptcy court granted the appellees’ motion for summary judgment, determining that the state court decision established all necessary elements under section 528(a)(4). We REVERSE the bankruptcy court...
Views: 4
MEMORANDUM A INTRODUCTION Presently before this court in the voluntary Chapter 11 bankruptcy case of WYNNEFIELD MANOR ASSOCIATES, L.P. (“the Debtor”) is the Debtor’s request that we confirm its Amended Plan of Reorganization (“the Plan”) and a Motion (“the Motion”) of the Debtor’s only secured creditor, the Federal Home Loan Mortgage Corp. (“Freddie Mac”), seeking relief ...
Views: 2
ORDER GRANTING IN PART AND DENYING IN PART “MOTION TO APPROVE ADMINISTRATIVE CLAIM OF IRVING EINHORN, PREPETITION RECEIVER” Irving Einhorn, pre-petition receiver, moved for award of his fees and costs under 11 U.S.C. § 543(c)(2), with priority of payment as an administrative expense under 11 U.S.C. § 503(b)(3)(E). Objections were filed by various parties in interest. After hearing, th...
Views: 1
MEMORANDUM OF OPINION AND ORDER Plaintiff-Trustee filed the above-styled adversary complaint to Avoid and Recover Preferential Transfers. It is before the Court today on both Plaintiff-Trustee’s and Defendant’s respective Motions for Summary Judgment. This is a core proceeding over which the Court has jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(F). FINDINGS OF FACT Prior to D...
Views: 1
FINDINGS OF FACT & CONCLUSIONS OF LAW AND MEMORANDUM OPINION This matter comes before the Court on Plaintiffs’ motion for summary judgment on their complaint, pursuant to 11 U.S.C. §§ 523(a)(2)(A) and (6), to determine the dis- *135 chargeability of a debt owed to them by the Debtor. The debt, in the amount of $226,-849.40, plus post-judgment interest, arises from a judgment ...
Views: 1
ORDER DENYING MOTION TO MODIFY CHAPTER 13 PLAN The above-entitled matter came on for hearing before the undersigned on the 2nd day of December, 1993, on the chapter 13 trustee’s motion to modify the chapter 13 plan. Appearances were as follows: Stephen Creasey for the trustee; and Curtis Walker for the debtor Tracy Jordan (“Debtor”). FACTS Debtor filed a petition for relief under chapte...
Views: 1
OPINION Before the Court are cross motions for summary judgment. A hearing was held on June 8, 1993, and the matter was taken under advisement. OSTROM-MARTIN, INC. (OMI) operated a grain elevator. OMI’s grain dealer’s license expired on November 29, 1991. On December 30,1991, OMI closed its doors and the Illinois Department of Agriculture, acting through its Bureau of Warehouses (DEPARTMENT), sei...
Views: 3
OPINION AND ORDER REGARDING TRUSTEE’S OBJECTION TO CLAIM OF THE TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION, C & O SYSTEM BOARD I. Introduction. This case raises questions of first impression regarding the interpretation of 11 U.S.C. § 1167. At issue is Donald R. Cassling, Trustee’s (“Trustee”) objection to claim no. 105 filed by the Transportation»Communications International ...
Views: 0
MEMORANDUM OPINION This memorandum opinion comprises the court’s decision on a motion for summary judgment filed by plaintiff-creditor Penn-America Insurance Company (“Penn-America”). Penn-America is seeking summary judgment to have a debt of Michael L. Hi-mowitz (“debtor” or “Himowitz”) declared nondischargeable in bankruptcy under section 523(a)(4) of title 11, United States Code (t...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on Defendant’s motion to strike and dismiss Plaintiffs complaint on the grounds that the Court lacks authority to grant the relief requested and that the claim is not timely under § 549(d) of the Bankruptcy Code. After reviewing the pleadings, the briefs submitted by the parties, and the applicable law, the Court now issues Finding...
Views: 0
MEMORANDUM AND ORDER ON MOTION OF UNUM LIFE INSURANCE COMPANY OF AMERICA FOR ORDER (1) DETERMINING THAT CLASSIFICATION OF ALLEGED DEFICIENCY CLAIMS OF FIRST NATIONWIDE BANK AND GAIN-CRED III CORP. IN THE DEBTOR’S AMENDED PLAN IS IMPROPER AND (2) COMPELLING DELETION OF SUCH CLAIMS FROM CLASS 4 OF DEBTOR’S AMENDED PLAN BACKGROUND The debtor commenced this case by filing a voluntary cha...
Views: 0
DECISION AND ORDER ON MOTION TO COMPEL THE PRODUCTION OF VERIFIED TRUST STATEMENTS PRELIMINARY STATEMENT This matter comes before the Court upon a motion (“Motion”) for an order directing the above-referenced debtor (“Debtor”) to furnish verified statements detailing the finances and activity of certain trust funds. The Court has jurisdiction over this matter pursuant to sections 157(a), (b)(1) an...
Views: 0
*101 MEMORANDUM OPINION This constitutes the court’s decision on the parties’ cross-motions for summary judgment. The plaintiff in this adversary proceeding, Lee Servicing Co., filed a five-count complaint against the debtors and the chapter 13 trustee to determine the extent and validity of its lien. Lee Servicing held a second mortgage on the debtors’ primary residence. Lee...
Views: 2
ORDER In this Chapter 11 case, Debtor, Boedecker Resources, Inc., filed an objection to that portion of the Amended Proof of Claim of the Internal Revenue Service (“IRS”) seeking $66,075 as penalty for non-filing of informational returns concerning the Debtor’s pension benefit plan. The amended claim seeks penalties under 26 U.S.C. § 6652(e) in the sum of $15,000 per year for the tax years endi...
Views: 0
MEMORANDUM OF OPINION AND ORDER Debtor filed the above-styled amended complaint objecting to the claim of the Internal Revenue Service (the “IRS”). This matter constitutes a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(E). The following facts are undisputed. FINDINGS OF FACT On or about October 16, 1992, IRS filed an amended proof of claim for unpaid 1984,1986 and 1987 federa...
Views: 0
OPINION A INTRODUCTION In an appeal from our confirmation of the First Amended Chapter 13 Plan (“the Plan”) filed by SHARON OGLESBY, a/k/a Sharon Cofey, Sharon Simmons, and Sharon Council (“the Debtor”), including certain protections for the appellant-mortgagee of the Debtor’s home, ASSOCIATES NATIONAL MORTGAGE CO. (“Associates”), required by our prior Opinion reported at 150...
Views: 4
OPINION Hi Ja Kim (“debtor”) is the debtor in possession in this chapter 11 case. Debtor filed an adversary proceeding against Wonder-Bowl Properties (“Wonder-Bowl”), seeking to set aside a judgment lien in the amount of $308,127.82 against certain real property of the debtor. Wonder-Bowl appeals the bankruptcy court’s grant of summary judgment for the debtor. For the reasons stated in th...
Views: 3
MEMORANDUM AND ORDER ON OBJECTIONS TO DISCHARGE AND OBJECTION TO THE DISCHARGE-ABILITY OF A DEBT On February 27, 1992, the plaintiff commenced these adversary proceedings for a determination that the defendants should not be granted a discharge, see Adv.P. No. 92-5054 and that a debt owed by the defendants is not dischargeable, see Adv.P. No. 92-5055. On September 9, 1992, these adversary...
Views: 0
MEMORANDUM Before the court is the Complaint of the debtor seeking declaratory judgment on the issue of whether § 523(a)(8) applies to a student loan made to the parent of a student. Geraldine Owens, debtor in this case, did not herself receive any educational benefits, as the loan proceeds were used for the education of her children. This case was submitted to the court for decision ...
Views: 0
MEMORANDUM This case is before the court to consider an Objection to Confirmation filed by the Chapter 12 Trustee. The matter was submitted to the court upon a Stipulation of Facts. I take judicial notice of the court file. The trustee objects to confirmation of the plan alleging that the plan and Settlement Agreement between debtors and Sherman County Bank (“Bank”) fail to comply with 11 U...
Views: 0
MEMORANDUM OPINION This is the court’s decision on a motion by Federal Home Loan Mortgage Corporation (“FHLMC”) for relief from the automatic stay. The motion was brought under section 362(d)(1) of title 11, United States Code (“Bankruptcy Code” or “Code”). This court has jurisdiction under 28 U.S.C. §§ 1334(b), 157(a) and 151. This is a core proceeding under 28 U.S.C. § 157(b)(2)(G). FHLMC hold...
Views: 0
ORDER This case is before the court on the U.S. Trustee’s motion to dismiss pursuant to 11 U.S.C. § 707(b). Debtors filed a brief in opposition to the U.S. Trustee’s motion. Hearing was held and the parties filed post hearing briefs and Debtors filed amended schedules. For the reasons set forth below, this case is dismissed pursuant to § 707(b). In the schedules Debtors initially filed with...
Views: 3
OPINION Introduction Benny’s Leasing, Inc. (“Debtor”) filed a voluntary Petition under Chapter 7 of the Bankruptcy Code on July 12, 1990. Richard W. Roeder, Esq. (“Trustee”) serves as Trustee. Presently before the Court is the Trustee’s Objection to Claim Number 28 (“IRS Claim”) filed by the Internal Revenue Service (“IRS”). Procedural Background The Trustee objects to the IRS Claim on the ...
Views: 0
MEMORANDUM OF DECISION These matters came before the court on the objections of C. Michael Stilson, Standing Chapter 13 Trustee, to untimely filed claims. The trustee sought to have the claims disallowed because of their late filing. The creditors, the Internal Revenue Service in three of the cases (IRS); the DCH Regional Medical Center Credit Union, in one, objected to disallowance o...
Views: 0
OPINION FACTS The debtor, Terry Alsberg, filed a petition under Chapter 11 of the Bankruptcy Code on May 29, 1987. 1 At that time, Alsberg owned and resided in a home at 1225 Prospect Street in Santa Cruz, California (the “Property”) which is the subject of the instant appeal. In his schedules and statements, Alsberg stated that the Property was worth $285,000. When Alsberg filed bankru...
Views: 2
OPINION AND ORDER Nature of Proceeding: Claims Litigation — IRS The issue before the Court is whether various claims filed by the United States of America through the Internal Revenue Service, (hereinafter “IRS”), after the bar date for filing claims should be allowed as timely filed. The IRS asserts that all its claims filed after the bar date are amendments to a timely f...
Views: 0
161 B.R. 672 (1993) In re Jack N. MARTIN, Debtor. Jack N. MARTIN, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee. BAP No. EC-92-1005-RJP. Bankruptcy No. 91-22754-C-7. Adv. No. 91-2211. United States Bankruptcy Appellate Panel of the Ninth Circuit. Submitted Without Oral Argument September 3, 1993[1]. Decided December 14, 1993. *673 Oliver R. Lewis, Sacramento, CA, for debtor/app...
Views: 2
MEMORANDUM OPINION This adversary proceeding came on for trial upon the Complaint of Marvis M. Stin-son and Judith R. Stinson, wherein the Stin-sons seek a determination by this Court of the proper disposition of funds generated by the foreclosure of the Debtors’ home, upon which the Stinsons hold a third deed of trust. After considering the stipulation of the parties, the evidence presented at...
Views: 0
DECISION Citicorp Mortgage, Inc., a secured creditor moves to: (i) dismiss this case pursuant to 11 U.S.C. §§ 109(g), 521, 1307(c)(1) and (3), 1321, and Fed.R.Bankr.P. 1007(c); (ii) to prohibit the Debtor from filing a further petition for a period of 18 months under 11 U.S.C. § 349(a), or alternatively, declaring that any subsequent filing will not operate as a stay against the Movan...
Views: 0
MEMORANDUM OPINION This matter comes to be heard on the motion of Philip V. Martino, the Chapter 7 Trustee (“the Trustee”) for authority to pay Chicago Commercial Realty (“the Broker”) a five percent commission on the sale of certain real property from the bankruptcy estate. The debtor, Germaine Begun, (“the Debtor”) has filed an objection thereto. The Broker and the Trustee have file...
Views: 0
ORDER The Chapter 7 trustee in the above captioned case objects to debtor’s claimed exemption of an Individual Retirement Account (“IRA”) on the ground that the IRA is property of the estate and not entitled to be exempted under the Georgia scheme of exemptions set out in the Official Code of Georgia Annotated (“O.C.G.A”) § 44-13-100. 1 Debtor argues that the IRA is exclude...
Views: 0
MEMORANDUM OPINION Camille Hope, Standing Chapter 13 Trustee, filed an Objection to Claim on June 4, 1993. The Internal Revenue Service (“IRS”) 1 filed a response on August 4, 1993. A hearing was held on September 9, 1993. The Court, having considered the record and the briefs of counsel, now publishes this memorandum opinion. Steven Andrew, Debtor, filed a petition un...
Views: 4
MEMORANDUM OPINION This constitutes the court’s decision on a motion by the debtors to reduce the claim of Lumbermens Mortgage Corporation. This court has jurisdiction under 28 U.S.C. §§ 151,157(b)(1) and 1334(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(B). For the reasons set forth in this opinion, the motion is denied. I. FINDINGS OF FACT The essential facts are undisput...
Views: 0
MEMORANDUM OPINION Camille Hope, Standing Chapter 13 Trustee, filed an Objection to Claim on July 15, 1993. The Internal Revenue Service (“IRS”) 1 filed a response on August 16,1993. A hearing was held on October 13, 1993. The Court, having considered the evidence presented and the briefs of counsel, now publishes this memorandum opinion. Curtis Appling and Geraldine Appling, Debtors, fil...
Views: 0
MEMORANDUM OPINION FACTS Debtor filed a petition for rehabilitation under Chapter 13 on March 4,1993. Debtor listed a 1985 Bonneville Belaire Mobile Home with a value of $7,000.00 and an underse-cured debt against said mobile home due to Mizzou Credit Union for $9,764.19. However, Mizzou’s several claims and attachments showed a 1983 Chief Mobile Home, Bonavilla Series 1 with...
Views: 0
DECISION This matter is before the court on the application for attorney fees filed by counsel for the trustee in this case, Beckman, Lawson, Snyder, Sandler & Federoff. M-K Management and Lincoln Bank, creditors, object to the requested amounts. They object both to specific fees charged by the trustee’s counsel and generally that the fees requested are excessive for the results obtai...
Views: 0
MEMORANDUM OPINION This constitutes the court’s decision on a motion by Lorin and Helene Press (“the Presses”) to reopen the chapter 7 case of Frederick Walker (“Walker” or “debtor”) in order to seek a determination that their claim against the debtor is nondischargeable under section 523(a)(2) or (a)(4) of title 11, United States Code (“Bankruptcy Code” or “Code”). This court has jur...
Views: 4
MEMORANDUM OPINION AND ORDER INTRODUCTION This opinion presents the Court’s position on Section 109(g)(2) in light of the divergence of bankruptcy court opinions on the issue of successive Chapter 13 filings. 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 ...
Views: 0
MEMORANDUM OPINION The issue in this case is whether proceeds from a credit disability insurance policy are property of the estate of a bankrupt debtor, or are the property of the creditor beneficiary of that policy. This court holds that the proceeds are not property of the estate, and thus belong to the creditor beneficiary. The debtors brought this motion for compensatory and punitive dama...
Views: 4
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION On March 5, 1993, several of the above Debtors, Lazarus Burman Associates (“LBA”), Lazarus Burman Management Co. (“LBMC”), and Jerry Lazarus Management Co. (“JLMC”) each filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code. On March 11,1993, the remaining Debtors, Red Gro...
Views: 0
DECISION Getty Petroleum Corp. (“Getty”) moved this Court for an order dismissing the Debtors’ Chapter 13 Petition prior to its conversion to its present Chapter 11 status, 1 or in the alternative, directing Sok Jun Kong (hereinafter referred to as “Sok”), one of the Debtors herein, 2 to pay postpetition rent and post rent security, or further in the alternative, lif...
Views: 1
OPINION Background This matter is before the Court upon a Motion by Gary V. Skiba, Esq., the Chapter 7 Trustee (“Trustee”) for Determination of Secured and Tax Status and Objection to Claims (“Motion”). This case was initiated as a Chapter 13 by a Petition filed on December 23, 1986. On August 8, 1989, prior to confirmation of a Chapter 13 Plan, this case was converted to a proceeding under Chap...
Views: 0
ORDER THIS MATTER came before the Court on July 14, 1993, upon the Debtor’s Motion to Modify its Chapter 11 Plan of Reorganization and the Debtor’s request for an extension of time to file its “Report of Substantial Consummation.” The debtor requested permission to modify its Plan to state that the Internal Revenue Service, a Creditor, would attribute all past, present and future Chapter ...
Views: 0
MEMORANDUM OPINION ON DEBTOR’S OBJECTION TO CLAIM OF VOLKSWAGEN CREDIT, INC. Ruth Hernandez (“Hernandez” or “Debt- or”) filed for protection under Chapter 13 of the Bankruptcy Code on December 18, 1992. Debtor objected to the secured claim filed by Volkswagen Credit, Inc. (“VCI”). She asserts that VCI’s claim is secured only up to the value of the collateral, pursuant to Section 506(a...
Views: 1
OPINION Before the Court are cross motions for summary judgment. A hearing was held on October 7, 1993. The matter was taken under advisement. The Debtor, Harold Eugene Jones, a farmer and a feed dealer, had been a customer of the Defendant, REYNOLDS STATE BANK (BANK), for many years. The Debtor sold feed on open account to livestock producers. The BANK loaned the Debtor operating *810funds for h...
Views: 0
MEMORANDUM ORDER The above-entitled matter came on for hearing before the undersigned on the 9th day of September, 1993, on the trustee’s objection to Minnesota Self-Insurers’ Security Fund’s (“MSISF”) proof of claim. Appearances were as follows: William Fisher for the trustee; and Steven Meyer for MSISF. FACTS 1. MSISF is a nonprofit corporation created by Chapter 79A o...
Views: 1
OPINION The basic facts in this matter are not disputed. The Debtors (DEBTORS) were indebted to the KNOX COUNTY SCHOOL EMPLOYEES CREDIT UNION (CREDITOR). They wanted to borrow additional funds secured by their residence, but could not, as such additional borrowing would exceed the CREDITOR’S internal lending limits. The CREDITOR’S then manager suggested that they could avoid the internal ...
Views: 1
MEMORANDUM OPINION In the above-captioned adversary proceeding (“Adversary”), the posteonfirmation trustee for the estate of John R. Sullivan seeks to avoid an allegedly fraudulent pre-petition transfer of a lien on certain real estate to T. Ishida USA, Inc. (“Ishida”). The Adversary came on for trial on the 28th day of October, 1993. This Court has jurisdiction over the Adversar...
Views: 1
OPINION 1 Introduction Old Electralloy Corporation fik/a and fid/ b/a Electralloy Corporation (“Debtor”) operated as a specialty steel manufacturer with plants located in Oil City, Pennsylvania, Ko-komo, Indiana and Frazier, Pennsylvania. The Debtor acquired the Bishop Tube facility (“Bishop Tube”) in Frazier, Pennsylvania in December, 1989. The United Steelworkers of America (“USWA”) is ...
Views: 1
MEMORANDUM AND MODIFIED ORDER ON ORDER TO SHOW CAUSE On December 16, 1993, I entered an order in open court granting a preliminary injunction in favor of the plaintiffs Ocean Mile Development Group, a New Jersey limited partnership (“Ocean Mile”) and the debtor Carabetta Enterprises, Inc. (hereafter collectively the “plaintiffs”). That order, which has remained fully effective since the d...
Views: 1
ORDER FOR SUMMARY JUDGMENT This adversary proceeding came on for hearing on the parties’ cross-motions for summary judgment. Clinton E. Cutler appeared for the plaintiff and Randall L. Seaver appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 157(a) and 1334 and Local Rule 201. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(E). FACTS On August...
Views: 0
OPINION The debtor appeals a bankruptcy court order determining a state court default judgment comprised of special, general, and punitive damages that arose out of a lawsuit for *686 assault and battery to be nondischargeable. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1981, debtor-appellant, Mohammad Da-ghighfekr, assaulted appellee Laurence Mek-hail, breaking his jaw. Debtor ple...
Views: 2
MEMORANDUM & ORDER The plaintiff-creditor, Dahlgren & Company, Inc. (Dahlgren), commenced the above-entitled adversary proceeding by complaint filed March 22, 1993, arguing its claim arose from a “willful and malicious injury by the debtor” to its property and was therefore barred from discharge pursuant to 11 U.S.C. § 523(a)(6). The defendant-debtor, James E. Lacina (Lacina), ...
Views: 1
MEMORANDUM OF DECISION ON APPLICATION FOR EMPLOYMENT OF COUNSEL The debtor-in-possession in this Chapter 11 case has applied for authorization to employ Charles L. Lazaro as general counsel. The United States Trustee has objected on the ground that Mr. Lazaro has previously performed legal services including drafting and negotiating certain unspecified contracts for one Arnold Kaplan and that t...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND OPINION REGARDING NONDISCHARGEABILITY INTRODUCTION On December 5, 1986, Michele Thompson gave birth' out of wedlock to a daughter, Kaitlen. Approximately two years later, Thompson prevailed in a paternity action brought against Michael Merritt in Livingston County Circuit Court, and Merritt was ordered to pay child support. In Se...
Views: 7
MEMORANDUM AND ORDER The plaintiff-creditor, First International Bank (Bank), commenced the above-entitled adversary proceeding by complaint filed on April 6, 1993, seeking a determination that outstanding indebtedness which arose from credit card advances and purchases on the debtors’ joint account was nondischargeable pursuant to sections 523(a)(2)(A), 523(a)(2)(B), and 523(a)(2)(C) of ...
Views: 2
*132 MEMORANDUM OPINION Debtor, Gerard Scot Johnson filed this adversary against his former wife Irene Arce-lus seeking this Court’s determination that the alimony obligations to his former wife as ordered by a state court in their final decree of divorce are dischargeable in bankruptcy. A trial of the issues in Johnson’s complaint was held. After careful consideration of the pleadings, evidenc...
Views: 0
MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT DAVID MURRAY’S MOTION FOR STAY Stuart F. Grossman, trustee of The Murray Creditors’ Trust (“Plaintiff’), brought these adversary proceedings alleging conversion, fraud, and fraudulent conveyance. The *385 items involved in the two matters differ somewhat as do the additional defendants. Plaintiff now...
Views: 1
DECISION ON MOTIONS FOR SUMMARY JUDGMENT ON THE OBJECTIONS TO THE CLAIM OF PETER KARGER Peter Karger (“Karger”) filed a proof of claim in this matter in the amount of $430,-022.39. A partial objection was filed by Joseph Braunstein, the trustee (“Trustee”), who contended that the claim should be limited to $400,000.00, in accordance with the stipulation discussed below. A full objection was fil...
Views: 2
BENCH DECISION ON MOTION TO AVOID LIENS Debtors move to avoid a judicial lien and a levy of execution under 11 U.S.C. § 522(f). Both affect the interest of David Garro only. The undisputed figures are as follows: Value of property $110,000.00 First mortgage $35,147.28 Second mortgage 31,779.00 Third mortgage 29,086.58 ( 96,012.86) Value over consensual liens $ 13,987.14 David Garro’...
Views: 1
CORRECTED DECISION RE VALUATION OF PROPERTY This matter is before the court on a narrow issue of valuation of property for purposes of a plan of reorganization. The parties have stipulated that the fair market value of the property is $400,000 and the liquidation value 25% less, or $300,000, and that the debtor proposes to retain the property. If the former value is used for plan purposes, the se...
Views: 0
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter comes before the Court on Plaintiffs Complaint for declaratory relief. Mount Calvary Baptist Church [“Mt. Calvary”] filed for relief under Chapter 11 of the Bankruptcy Code on September 18,1989. In November, 1989, Church Mutual Insurance Company [“Church Mutual”] filed this complaint in the U.S. District Court for the Northe...
Views: 0
OPINION On December 7, 1992, Central National Bank, Canajoharie (the “Bank”) recovered judgment of $2,471,097.53 against George Haseotes (“Haseotes”) in New York state court. Haseotes owns 25% of the issued and outstanding shares of Class A (voting) and Class B (nonvoting) common stock of the debtor, Cumberland Farms, Inc. (the “Debt- or”). The Bank thereafter sued Haseotes in Massach...
Views: 0
MEMORANDUM OPINION AND ORDER INTRODUCTION This case came before the Court on Trustee, Charles W. Riske’s, Complaint to Deny Discharge. This opinion addresses the issue of whether a debtor in a Chapter 7 case converted from a ease filed under Chapter 13, may obtain a discharge when the debtor previously obtained a Chapter 7 discharge within six years from the date of filing of his Chapter 13...
Views: 0
*151 ORDER This ease has a history which should be loosely described in order to permit understanding of the ruling on this motion to dismiss. The debtor is an individual who has failed to file income tax returns since at least 1984. The Internal Revenue Service (IRS) filed documents entitled “Substitute for Return for the Years 1984 through 1987 and 1989.” On April 22, 1992, the United S...
Views: 0
ORDER THIS CAUSE is before the Court upon the stipulation of facts and briefs of the parties. 1 This adversary proceeding was initiated by the trustee’s complaint filed on August 18, 1993, which sought to avoid the filing of a lis pendens as a preference under Bankruptcy Code section 547(b). In December 1991, Worthen National Bank of Batesville obtained judgment against the debtor. In M...
Views: 0
ORDER OF ABSTENTION THIS CAUSE is before the Court upon the., debtor’s Motion to Disallow Claim of Arkansas Department of Human Services, filed on June 8, 1993, which alleges that the debtor owes no debt to the Arkansas Department of Human Services (“DHS”). Hearing on this matter was held on November 9, 1993, after which the motion was taken under submission. The essential facts of the case are ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the trial of the complaint to determine dis-chargeability. The plaintiff Jana Blackwood, the ex-wife of the debtor, seeks a determination that the debtor may not discharge certain debts jointly owed by the parties, pursuant to 11 U.S.C. § 523(a)(3), (4), (6). The Court has jurisdiction over this matter purs...
Views: 0
MEMORANDUM DECISION ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED This motion to dismiss poses a question of first impression prompted by recent court of appeals decisions that saddle the debtor in possession with the trustee’s two-year statute of limitations for bringing avoiding actions, 11 U.S.C. § 546(a)(1), measured from the date the bankruptcy ca...
Views: 1
MEMORANDUM OPINION AND ORDER This matter comes before the court on cross motions of the trustee, Marika Tolz, plaintiff in this adversary proceeding to recover an alleged preference, and the defendant in the adversary, Barnett Bank of South *361 Florida, N.A., for summary judgment brought under Fed.R.Civ.P. 56, made applicable to adversary proceedings in bankruptcy cases ...
Views: 1
ORDER SUSTAINING OBJECTION TO EXEMPTIONS THIS CAUSE is before the Court upon an Objection to Claimed Exemptions filed by the creditor Connie Naydan. Connie Jo and Walter Ernest Naydan were divorced on October 16, 1974. Walter Naydan’s current wife, Ethel Naydan, is also a debtor in this bankruptcy case. On January 16, 1990, Connie Jo Naydan obtained a post-divorce judgment agains...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the complaint objecting to discharge of the debtors. The complaint was timely filed, on December 14, 1992, pursuant to 11 U.S.C. § 727(a)(2), (3), (4), (5), and trial was held on October 27, 1993. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that...
Views: 1
*944 OPINION AND ORDER DISMISSING COMPLAINT TO DETERMINE DISCHARGEABILITY This matter is before the Court on Linda Nutter’s (“Nutter”) complaint to except the debt of Richard Reed (“Reed”) from discharge under 11 U.S.C. § 523(a)(5). Upon consideration thereof, the Court finds that Nutter’s complaint to except Reed’s debt from discharge under 11 U.S.C. § 523(a)(5) should be dismissed as moot b...
Views: 0
*486 OPINION AND ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AGREEMENT This matter is before the Court on Rhoads Industries, Inc.’s (“Rhoads”) motion to enforce a purported settlement agreement between Rhoads, and Blake and Thora Wendt. Upon consideration of the evidence adduced at trial and the oral arguments of the parties, the Court finds that Rhoads’ motion is well taken and ...
Views: 0
MEMORANDUM OPINION Debtor moved this Court to reopen his Chapter 7 bankruptcy case. Dollar Rent-A-Car (“Dollar”) objected to reopening the case, or, in the event the case is reopened, moved the Court to grant an extension of the bar date for the purpose of filing a discharge-ability complaint. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (B) over which the Court has jurisdicti...
Views: 0
MEMORANDUM OPINION This is a Chapter 11 case. Debtor owns real estate which consists primarily of a mul-ti-level parking garage and adjacent shop and office space, in downtown Kansas City, Missouri. North American Savings Bank, F.S.B., (“North American”) which holds a lien on such real estate, has moved to dismiss the ease, or in the alternative, for relief from the automatic stay. Movant’s fore...
Views: 0
OPINION AND ORDER EXCEPTING DEBT FROM DISCHARGE This matter is before the Court upon Jeffrey Phillips’ (“Debtor”) complaint to determine dischargeability of an educational debt (the “Loan”) owed to Great Lakes Higher Education Corp. (“Lender”) under 11 U.S.C. § 523(a)(8). Upon consideration of the evidence adduced at trial, the Court finds that the Loan should be excepted from discharge. FACT...
Views: 0
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND EXCEPTING DEBT FROM DISCHARGE This matter is before the Court upon John Ball, Guardian of the Estate of Joseph Bris-boy’s motion for summary judgment on his complaint (the “Complaint”) to except the debt of Gregory McDowell (“Debtor”) from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). The Court finds that Bris-boy’s...
Views: 1
MEMORANDUM OPINION Before the court is an adversary proceeding in which Healthaction Group, Ltd. and W. Alan Smith, Jr., the chapter 7 bankruptcy trustee for The Kelly Group, Ltd., as interpleader defendants, claim funds which were deposited with this court on November 3, 1992 by Panel Publishers, Inc. FACTS The debtor, The Kelly Group, Ltd. (Kelly Group), a publisher of...
Views: 0
OPINION AND ORDER GRANTING MOTION TO DISMISS CASE This matter is before the Court on the United States Trustee’s (“UST”) motion to convert or dismiss Wilhelm Forster’s (the “DIP”) chapter 11 case. The state of Ohio (“State”), Putnam County General Health District (“County”) and the Union Bank Company (“Bank”) joined in this motion. The DIP and Bowser-Morner Associates, Inc. (“Bowser-Morne...
Views: 0
ORDER DENYING CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN Before the Court are debtor’s plan and objections to confirmation of the plan filed by creditor, Mellon Mortgage Company. This Court has jurisdiction of this proceeding pursuant to 28 U.S.C. §§ 1334, and 157(b)(2)(A) and (L). This is a core proceeding. Mellon Mortgage Company (the “mortgage company”) holds a secured claim against the de...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon the objections of eleven claimants to the determination by the trustee to the status of their claims against the debtor in this liquidation proceeding conducted pursuant to the Securities Investor Protection Act (“SIPA”). 15 U.S.C. § 78aaa et seq. The trustee appointed pursuant to § 78eee(...
Views: 1
*74 MEMORANDUM OPINION This adversary proceeding came on for hearing before the Court on October 12,1993 on plaintiffs Motion for Default Judgment and defendant’s Objection thereto, concerning plaintiffs Complaint and Amended Complaint to Determine Dischargeability of Debt. The motion for default judgment is based upon the debtor/defendant’s asserted failure to comply with an...
Views: 0
MEMORANDUM OPINION Jerry Earl Brown (“Brown”), the defendant/debtor, appears by his attorney, Steven R. Sublett, Wichita, Kansas. Jenny Roeder (“Roeder”), the plaintiff/creditor, appears by her attorney, Jeff Griffith of Griffith & Griffith, Derby, Kansas. According to the Stipulated Facts filed on March 27, 1992, on September 21, 1986, Jerry Earl Brown struck Jenny Ro...
Views: 1
DECISION AND ORDER Before us is Defendants’ Motion for Summary Judgment in an adversary proceeding brought to determine the dischargeability of a debt under 11 U.S.C. § 523(a)(6). There being no genuine dispute as to any material fact, this matter is ripe for summary judgment pursuant to Fed.R.Bankr.P. 7056. FACTS The Plaintiff, Carol Tiberi (“Tiberi”), was an employee o...
Views: 7
MEMORANDUM DECISION (Amended) This matter comes before the court on complaint of debtor Robert Bogetti & Sons (the “Partnership”) against Bank of America (“Bank”) to determine the extent, validity, and priority of lien claimed by Bank. Evidence and arguments were presented at trial on September 24, 1993, after which the matter was taken under submission. BACKGROUND For ...
Views: 0
ORDER This adversary proceeding came on for hearing before this Court on December 14, 1993 on Motions for Summary Judgment filed by the parties in this proceeding. This adversary proceeding raises a question of whether an obligation owing to Peerless Insurance Company by subrogation by the debtor, who is a co-trustee of decedent’s estate and who invested funds in certain unsecured loa...
Views: 2
MEMORANDUM OPINION Debtor, Frances Ranae Kearney, appears by her attorney, James W. Lusk of the Law Offices of James L. Farmer, Lenexa, Kansas. Defendant, Nebraska Student Loan Program, Inc., appears by its attorney, Thomas *336 L. Griswold of Payne & Jones, Chartered, Overland Park, Kansas. Because of alleged financial hardship, debtor’s complaint prays that her stu...
Views: 0
MEMORANDUM DECISION This matter comes before the court on Chapter 7 debtor Kevin Browning’s (“debt- or”) complaint against Stanislaus County (the “County”) to determine dischargeability of debt for pre-petition child support arrearag-es. After trial, the court took the matter under submission and now renders this memorandum decision. Facts and Background The facts of this ea...
Views: 0
MEMORANDUM OPINION Mapleton Properties Partnership appears by its attorney, Michelle M. Suter of McDowell, Rice & Smith, Overland Park, Kansas. Erie C. Rajala, the Chapter 7 trustee, also appears. Mapleton Properties Partnership (“Maple-ton” or “landlord”) filed Proof of Claim No. 10 (labeled as an administrative claim). The Chapter 7 trustee objected. The Court considers the Pro...
Views: 1
MEMORANDUM OPINION The Plaintiffs in this action, Albert H Bor-que, a New Hampshire resident; Bourque Association, a New Hampshire limited partnership and Auto Imports, a New Hampshire Corporation each filed a petition for Chapter 11 protection in December, 1992. By order of the Court, the three cases have been jointly administered since February, 1993. The Defendant, Yerres Financial Cor...
Views: 0
Memorandum Opinion These jointly administered chapter 11 cases came before the Court for hearing on October 5, 1993 and October 14, 1993 upon debtors’ Motion for Continued Use of Cash Collateral, filed on October 1, 1993, and an Objection thereto filed by State Street Bank & Trust Company, the secured creditor having a claim upon the cash collateral involved. The Official C...
Views: 0
MEMORANDUM OPINION The debtor, Gene E. Meuli, filed a pleading entitled “Objection to Order Dismissing Lodged Notice of Appeal and Motion For Reconsideration” on July 16, 1991. Debtor appears pro se. There are no other appearances. The Court finds that this proceeding is core under 28 U.S.C. § 157. The Court has jurisdiction under 28 U.S.C. § 1334 and the general reference order of the Di...
Views: 0
MEMORANDUM OPINION The debtors, Robert Rex Hiddleston and Betty Jane Hiddleston, appear by their attorney, Winton A. Winter, Jr., of Stevens, Brand, Golden, Winter & Skepnek, Lawrence, Kansas. The United States of America, on behalf of its agency, the Farmers Home Administration (“FmHA”), appears by and through Lee Thompson, United States Attorney for the District of Kansas, and Tanya...
Views: 0
MEMORANDUM OF DECISION AND ORDER ON MOTIONS OF PLAINTIFF AND DEFENDANT FOR SUMMARY JUDGMENT By his complaint in this adversary proceeding, the Plaintiff and Debtor, Paul F. *273 Callahan, seeks a determination that income taxes he owes to the United States for tax years 1983 through 1986 are not excepted from discharge by operation of sections 523(a)(1) and 507(a)(7)(A) of the Bankruptcy Co...
Views: 0
ORDER ON DEBTOR’S OBJECTION TO CLAIM FILED BY INTERNAL REVENUE SERVICE This case was commenced on June 25, 1990, by the filing of a voluntary petition for relief under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. On August 15, 1990, an order confirming debtor’s Chapter 13 plan was entered. On that same date, the Internal Revenue Service (“IRS”) filed its proof of claim for unpaid t...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Debtors’ Objection to Claim of the IRS; Memorandum for United States in Opposition to Objection to Claim of Internal Revenue Service; Debtor’s Reply Brief; and Supplement to Debtors’ Brief. The Court has reviewed the written arguments of Counsel, supporting affidavits, all correspondences and exhibits, as well as the entire rec...
Views: 0
AMENDED MEMORANDUM AND ORDER INVALIDATING JUDICIAL LIEN This matter comes before the court on the motion of debtors Harvey and Mary Appleb-aum (the “Applebaums”) to invalidate a judicial hen of the Bank of Stockton (the “Bank”) under 11 U.S.C. § 522(f)(1). A hearing was held on February 17, 1993, in the United States Bankruptcy Court for the Eastern District of California, Modesto Divisio...
Views: 0
MEMORANDUM OPINION First National Bank of Smith Center, Kansas (“FNB” or the “Bank”), objects to debtors’ Notice of Completion of Plan and Request for Entry of Discharge Order. The briefs show that the parties agree that the discharge requested in this case and provided for in 11 U.S.C. § 1228(a) does not include a discharge for payments under 11 U.S.C. § 1222(b)(9). For the reasons set out bel...
Views: 0
DECISION and ORDER RE VENUE At Cincinnati, in said District, on November 16, 1993. Plaintiff Transicoil, Inc. is a wholly-owned subsidiary of plaintiff Eagle-Picher Industries, Inc. (“EPI”). Transicoil occupies a plant at Valley Forge, Pennsylvania, under lease from defendant Blue Dove Development Associates (“Blue Dove”). (Blue Dove is a limited partnership in which defendant K-Jem ...
Views: 0
MEMORANDUM OPINION Plaintiff appears by William F. Schantz of the Office of the United States Trustee. Defendant Harrold E. Jones (“Jones”) of Wichita, Kansas, appears pro se. Defendant Har-rold E. Jones Agency, Inc. (the “Jones Agency”), doés not appear by counsel as required by the rules of this Court, but Harrold E. Jones, its principal shareholder, purports to act on its behalf in these...
Views: 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Introduction This is a Chapter 12 case. Pending is confirmation of debtor’s Plan, and the Objections to Confirmation filed by the Chapter 12 trustee and Citizen’s Bank & Trust Co. (“Citizen’s”) In addition, Citizen’s has filed a Motion for Relief from the Automatic Stay. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) an...
Views: 0
DECISION This controversy deals with the extent of Sheboygan County’s secured claim filed in this chapter 13 case. The issue has been presented on an objection to the claim by the debtors, Bruce and Kathleen Schneider. A Joint Stipulation of Issue and Facts together with briefs have been submitted to the court. On September 8,1992, the Schneiders filed their petition under chapter 13...
Views: 0
MEMORANDUM OPINION The trustee, Carl R. Clark of Lentz & Clark, P.A., appears in person and as attorney for the trustee. The debtor, Victor William Kearns, Jr., appears pro se. There are no other appearances. The debtor filed for relief under Chapter 7 on May 22,1991. Carl R. Clark was appointed interim trustee. In July 1991, Carl R. Clark was appointed attorney for th...
Views: 0
DECISION ON MOTION TO DISBURSE CASH COLLATERAL TO HARRIS TRUST AND SAYINGS BANK Apart from certain factual questions, the legal issue to be resolved in this contested matter is whether a warehouseman's lien primes a pre-existing perfected security interest. Harris Trust and Savings Bank (“Bank”) has applied to this court for an order directing that the net proceeds resulting from the liqu...
Views: 1
MEMORANDUM OPINION This matter comes before the Court on the Motion of Attorney Joseph D. Olsen to Reopen the above-captioned case. Attorney Olsen was appointed by the U.S. Trustee to serve as the Chapter 7 Trustee in the case. The Motion is brought so that the case may be reopened to administer assets that had not been disclosed by the Debtors, but which have now been brought to the attentio...
Views: 0
MEMORANDUM OPINION Introduction Trial under plaintiffs complaint to except debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) was held in Norfolk, Virginia, on July 30, 1993. At the conclusion of the plaintiffs evidence the court granted debtor’s motion for an involuntary dismissal under Bankruptcy Rule 7041 (adopting Fed. R.Civ.P. 41(b)). This memorandum supplements the court’s findings...
Views: 0
MEMORANDUM OPINION Hearing was held on September 20, 1993, on creditor Meade G. Pratali’s objection to confirmation of the debtor’s chapter 13 plan. Pratali argues that the debtor’s unsecured debts exceed $100,000.00, making him ineligible for chapter 13. See 11 U.S.C. § 109(e). Following the hearing of evidence and the arguments of counsel, the court took the matter under advisement. For the re...
Views: 0
MEMORANDUM OPINION Final hearing on plaintiffs’ motion for relief from stay was held on September 16, 1993, and the issue taken under advisement following presentation of evidence. For the reasons stated in this opinion the motion will be denied. Facts The debtor is an attorney who had at one time represented the plaintiffs, who are mother and son, in state court li...
Views: 0
*787 MEMORANDUM DECISION This matter comes before the Court on the Debtor, Joseph D. Ross’, objection to the proof of claim of Edison Credit Union. After having reviewed the pleadings, the Court denies the Debtor’s objection in part and grants the Debtor’s objection in part. JURISDICTION The Court has jurisdiction over this matter pursuant to 28 U.S.C. Section 1334 and General Rule 2.33(A...
Views: 2
MEMORANDUM OPINION This ease came before the court on October 26, 1993, for final hearing on the motion for relief from stay filed on behalf of debtor’s former spouse, Linda D. McKoy, in Contested Matter No. 93-903 and for hearing on debtor’s application for a show cause order directed against Mrs. McKoy. At the conclusion of hearing the court ruled from the bench that the motion would be grant...
Views: 0
MEMORANDUM OPINION Hearing was held on September 14, 1993, on the alleged debtors’ motions for summary judgment to dismiss the involuntary chapter 7 bankruptcy petitions filed by Crestar Bank. The court took the matter under advisement following arguments of counsel. For reasons stated in this opinion the court will grant Stephen H. Fox’s summary judgment motion and deny that of Sondr...
Views: 0
MEMORANDUM OF DECISION Plaintiff Sarah Heintz, Esquire, pro se, (“Heintz” or the “Plaintiff’) commenced this adversary proceeding in which she asks the Court to rule that attorney’s fees owed to her by the debtor Richard J. Tremblay (“Trem-blay” or the “Debtor”) are non-dischargeable pursuant to 11 U.S.C. § 523(a)(5). As discussed below, this Court holds that the attorney’s fees are n...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. On or about November 10, 1980, the debtor Charles R. Jefferson, Jr., purchased Lots 1-6, Block 46, at 5th and Main in Organ, New Mexico (the “property”). 2. At the time debtor purchased the property, he executed a mortgage to Government Employees Credit Union of El Paso in the amount of $19,800. 3. On or ab...
Views: 0
ORDER DENYING UNITED STATES’ MOTION TO DISMISS ADVERSARY FOR LACK OF JURISDICTION THIS CAUSE was heard October 27,1993 at 11:00 upon the United States of America’s Motion to Dismiss Adversary for Lack of Jurisdiction. The issue presented is whether Section 106(a) of the Bankruptcy Code, which waives the United States’ sovereign immunity, is applicable to this case. FACTS On ...
Views: 1
ORDER VACATING ORDER DISMISSING CASE AND RESETTING 341 MEETING THIS CAUSE was heard upon the Debt- or’s Motion to Vacate Order Dismissing Case for Failure to Appear at 341 Meeting and Motion to Reset 341 Meeting. This case involves a debtor who passed away after filing his chapter 7 bankruptcy petition but prior to the 341 Meeting. 11 U.S.C. § 341. The Debtor’s case was dismissed pursuant to ...
Views: 0
*749 ORDER DENYING MOTION TO DISMISS This matter came before the court on the Motion of the United States to Dismiss plaintiffs adversary proceeding pursuant to Bankruptcy Rule 7012 and Fed.R.Civ. Pro.. 12(b)(1) for lack of subject matter jurisdiction. On June 17, 1993 the court heard the parties' oral arguments on the motion. At the conclusion of the hearing, the court took the ...
Views: 0
MEMORANDUM OPINION The plaintiff creditor had a viable objection to the debtor’s receiving a discharge but was unable to timely pursue the objection because the debtor neither scheduled the debt nor notified the plaintiff of the *591 bankruptcy until 19 months after the bankruptcy was filed. The plaintiff seeks a judgment declaring the debt nondischargeable under § 523(a)(3)(...
Views: 0
ORDER Before the court is a Motion for Summary Judgment filed on January 28, 1993, by the defendant, United States of America, acting through the Internal Revenue Service (IRS) arising from the Complaint filed by the Plaintiff/Debtor, Robert 0. Olson on February 18, 1992. In the Complaint, the Debtor asks the court to determine (1) the dischargeability of certain claims of the IRS stemming fr...
Views: 2
ORDER ON CONFIRMATION THIS is a Chapter 13 case and the matter under consideration is the confirmation of the proposed Chapter 13 plan, filed by George Kent Noiman (Debtor). The United States of America (Government) has objected to the confirmation on the grounds that the Plan has not been filed in good faith. The facts as appear from the record and relevant to resolution of this matter a...
Views: 0
STATEMENT OF THE CASE Warren F. Huff, Debtor, filed a petition under Chapter 7 of the Bankruptcy Code on March 21, 1991. Ernest V. Harris, Chapter 7 Trustee, Plaintiff, filed a “Complaint to Set Aside Fraudulent Conveyance” on September 25, 1991. Sallie F. Huff and Warren F. Huff, Defendants, filed their answer on October 28,1991. Plaintiff filed an amendment to his complaint on Augus...
Views: 1
ORDER ON OBJECTION TO CLAIM OF EXEMPTIONS THIS CAUSE came on for hearing, with proper notice, upon an Objection to Claim of Exemption of Hubert Earl Jenkins and Jewell Deloress Jenkins (Debtors) in this converted Chapter 7 case. The Debtors' right to the exemptions claimed is challenged by Stephen L. Meininger (Trustee), the trustee in charge of administering the estate of the Debtors. Th...
Views: 1
MEMORANDUM OF DECISION This adversary proceeding puts into question whether two tax laws of the State of Illinois — the Hotel Operators’ Occupation Tax Act and the Use Tax Act — create trusts in funds collected pursuant to their terms. The question arises in the bankruptcy of three related entities that owned a hotel and a restaurant business. The eases began in Chapter 11 of the Bankrupt...
Views: 1
*340 OPINION ON OBJECTIONS TO ABANDONMENT AND REJECTION OF EXECUTORY CONTRACTS The trustee filed a notice under 11 U.S.C. § 554(a) of intent to abandon any interest of the debtor in 110 underground petroleum storage tanks located in Alabama. 1 The trustee simultaneously filed a motion under 11 U.S.C. § 365 to reject executory contracts or unexpired leases relating to these tanks. 2 Th...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTIONS THIS IS a Chapter 7 case and the matter under consideration is an objection to the exemptions claimed by William A. Brown (Debtor). The Objection was filed by Stephen Meininger, the Chapter 7 trustee (Trustee), and is based on the contention that, notwithstanding the Debtor’s assertion that his two vehicles were encumbered by an oral lien, the...
Views: 0
MEMORANDUM OF DECISION ON MO-HON OF DEBTOR’S COUNSEL FOR EXTENSION AND OTHER RELIEF Silverman and Kudisch, P.C., counsel to the Debtor in this case, has filed a Motion for Extension of Time to File Appeal or Other Relief Based Upon Order of Remand. In the motion, the movant asks that the Court extend the time to file a notice of appeal from this Court’s order on the mov-ant’s fee appl...
Views: 2
MEMORANDUM ON DEBTOR’S REQUEST FOR SANCTIONS I. PROCEDURAL BACKGROUND Before the Court for determination are two motions filed by Lincoln North Associates, Limited Partnership (the “Debtor”) seeking sanctions against the Federal Deposit Insurance Corporation (the “FDIC”) and its counsel, Michael Gilleran (“Gilleran”) for failure to cooperate in discovery in this Chapter 11 case; a mo...
Views: 0
FINDINGS OF FACTS, CONCLUSIONS OF LAW AND MEMORANDUM OPINION This is a Chapter 7 liquidation case and the matter under consideration are claims set forth in a four Count Complaint in which Ernest M. Reina and Erminia M. Reina (Plaintiffs) seek an Order to deny the debt- or’s discharge pursuant to § 727(a)(2), (a)(5). The Plaintiffs also seek a determination that the debt due and owing from the ...
Views: 0
ORDER ON OBJECTION TO CLAIM OF EXEMPTION THIS IS a Chapter 7 case and the matter under consideration is an objection to the claim of exemptions of Paul and Loraine Brink (Debtors). Their claim of exemptions is challenged by Philip and Kathleen Palmer (Palmers) on the ground that a residence located in Port Charlotte, Florida which the Debtors claimed as an exempt homestead has been abandoned an...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a highly fact intensive controversy and without doubt one might, even after a cursory reading of the facts, raise eyebrows and suspect that what occurred in this instance is just not right. However, a careful analysis of the facts as established by the record leaves serious doubt whether or not *351 any of th...
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 of a debt admittedly due and owing by Joseph W. Duncan (Debtor) to Christopher’s Arizona Transportation Service, Inc. (CATS). CATS brought the claim of nondischargeability in a four (4) Count Complaint. The claims of nondischargeabili...
Views: 0
ORDER ON DEBTOR’S MOTIONS TO ASSUME LEASE WITH MARRIOTT RESTAURANTS AND MARRIOTT RESTAURANTS’ MOTION FOR RELIEF FROM STAY THIS IS a Chapter 11 case and the matters under consideration are a Motion to Assume certain non-residential sublease agreements (Subleases) between Marriott Family Restaurants, Inc. (Marriott) and Gande Restaurants, Inc. (Debtor), and an Amended Motion for Relief from Stay or ...
Views: 0
OPINION I. INTRODUCTION. Before the court are plaintiff and defendant’s cross-motions seeking a determination of the amount National Union Fire Insurance Company of Pittsburgh, P.A. (“National Union”) must deposit in the court’s registry to satisfy its liability in this interpleader action. The motions seek an end to the years of litigation between National Union and eight plaint...
Views: 0
MEMORANDUM OPINION This matter is before the court on the motion of the plaintiff chapter 7 trustee, pursuant to 11 U.S.C. § 502(d), for summary judgment disallowing the claim of the defendant United States of America Internal Revenue Service until such time as the IRS remits to the trustee the sum of $2,571.01. This sum represents a prepetition payment made by the debtor to the IRS, which th...
Views: 0
ORDER DENYING PLAINTIFF’S MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION This proceeding is before the Court on Plaintiffs Motion for a Preliminary Injunction (Doc. No. 2) filed on December 1, 1993. On December 6,1993, the Court conducted a hearing on Plaintiffs Motion, and pursuant to Federal Rule of Bankruptcy Procedure 7052, the Court made oral findings of fact and law and denied the...
Views: 0
166 B.R. 875 (1993) In re LARRY MERRITT COMPANY, a/k/a Merritt Moving and Storage Company, a/k/a A-1 Merritt Moving and Storage Company, a/k/a Edelen Transfer and Storage Company, Debtor. In re EDELEN TRANSFER AND STORAGE COMPANY, Debtor. Bankruptcy Nos. 90-32633, 90-32599. United States Bankruptcy Court, E.D. Tennessee. December 15, 1993. *876 Frantz, McConnell & Seymour, N. David Roberts, J...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW Jerome E. Azia (the “Defendant”) and Sheryl E. Linet (the “Plaintiff”) were divorced on January 3, 1991 after nineteen years of marriage. The Plaintiff and Defendant have two minor children who reside with the Plaintiff. A Judgment of Divorce Nisi (the “Decree”) was entered by the Probate and Family Court setting forth the following obligations of the D...
Views: 0
DECISION ON REMAND THIS MATTER came before the court on Remand from the District Court for the District of Wyoming. The District Court’s instructions upon remand were that this court “should determine whether the evidence offered is sufficient to prove, by a preponderance of the evidence, that the debtors, Mr. and Mrs. Peterson, willfully attempted to evade or defeat their taxes, in accordance w...
Views: 0
OPINION This matter having come before the Court on an Objection to Claimed Exemption filed by the Trustee, Steve Miller, and upon a Response thereto filed by the Debt- or; the Court, having heard arguments of counsel and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure. F...
Views: 0
*817 MEMORANDUM DECISION The facts in this ease are not disputed. On April 10, 1991, Gerald T. and Ruth M. Byrne (“debtors”) entered into a cash control agreement with the Rock County Bank which restricted the debtors’ ability to make payroll tax payments. On October 8,1991, the debtors filed federal payroll tax form 941 for the third quarter of 1991, enclosed a letter from O’Leary Law Office...
Views: 0
ORDER ON APPLICATION FOR ATTORNEY’S FEES Debtors’ counsel in the above-captioned case filed interim fee applications, which have been amended twice, seeking total compensation for his representation of these two related corporate entities in the amount of $12,-940.00, together with expenses advanced of $225.50, for a total award of $13,165.50. Debtors’ counsel has also disclosed the f...
Views: 0
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY OR IN THE ALTERNATIVE FOR OTHER RELIEF FINDINGS OF FACT Creditor, Security Pacific Credit Corporation (“Security Pacific”), moved for relief from stay or dismissal of the above-captioned Chapter 11 case or for conversion to Chapter 7 and the hearing was held on December 17, 1992. The facts revealed that this is the second Chapter 11 file...
Views: 1
ORDER ON MOTION OF UNITED STATES OF AMERICA FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE This ease presents a question of first impression of immense difficulty. Debtor is before this court as a result of an involuntary proceeding filed by his ex-wife, Donna Younger. She claims that Debtor , is obligated to her as a result of a divorce decree in the amount of $912,635.00 (see proof of claim file...
Views: 3
MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This cause is before the Court on a Motion for Summary Judgment filed by plaintiff/debtor, Jeffrey Dobisch. On September 5, 1991, the debtor filed a voluntary petition under chapter 13 of the Bankruptcy Code. Under the debtor’s confirmed chapter 13 plan, the Internal Revenue Service (“IRS”) was listed as a priority creditor t...
Views: 0
MEMORANDUM OF DECISION This matter came before the court on cross-motions for summary judgment of the plaintiff, AmSouth Bank, N.A. (AP Doc. 26) and of the defendant, ORIX Credit Alliance, Inc. (AP Doc. 34). After reviewing the record of this adversary proceeding (lawsuit), the Delta Resources, Inc., bankruptcy case as a whole, and conducting its own research, the court finds that the “transf...
Views: 1
MEMORANDUM OPINION The matter before the Court is a motion filed by the Committee of Unsecured Creditors of U.S. Metalsource, Corp. seeking: 1) a modification of the Wage Order insofar as it relates to severance and vacation pay and 2) authorization for the Committee to bring suit, in the name of the Debtor, to recover any “excess” severance payments that the Debtor may have made to termi...
Views: 0
ORDER This adversary proceeding was tried, beginning on January 4, 1993. Appearances are noted in the record. At conclusion of the trial, on January 8, 1993, the Court invited final briefs from the parties. All materials have been submitted. The Court, having heard and received testimony and documentary evidence, having reviewed and considered the briefs submitted, and being fully advised in the m...
Views: 0
ORDER In this adversary proceeding, the attorneys for the Unsecured Creditor’s Committee (UCC) of the estate of John B. Love, a Chapter 11 Debtor, commenced a preference action against Defendant, First Interstate Bank of Montana (FIB) 1 , to recover $175,000 paid by John Love within 90 days of the filing of the Chapter 11 bankruptcy petition. After answer, trial of the cause wa...
Views: 0
MEMORANDUM OF DECISION (RE IDAHO STATE BAR) Debtor Williams has filed a Motion for Contempt, Sanctions and Costs directed against the Idaho State Bar Association and Michael J. Oths, its counsel, seeking a declaration that these parties are in “contempt of the stay order.” More particularly, Debtor alleges that the Bar 1 has violated either the automatic stay against colle...
Views: 4
ORDER In this Chapter 13 case the Trustee objects to confirmation of the Debtors’ Plan on the grounds it unfairly discriminates against unsecured creditors in favor of paying the Debtors’ student loan debts in full, in violation of 11 U.S.C. § 1322(b)(1). 1 The Debtors assert that the Plan does not unfairly discriminate, and seek confirmation. For the reasons set forth below,...
Views: 0
DECISION AND ORDER GRANTING RELIEF FROM AUTOMATIC STAY TO HOMESTART LIMITED PARTNERSHIP I Before the court is a motion for relief from the automatic stay of 11 U.S.C. § 362(a) (Doc. # 14) filed by Homestart Limited Partnership I. 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...
Views: 0
MEMORANDUM OF DECISION This matter is before the Court on the trustee’s motion to compel the debtors to turn over property of the estate and the debtors’ resistance thereto. FACTS The parties have agreed to the relevant facts. The debtors filed this case on October 23, 1991. The meeting of creditors was held pursuant to 11 U.S.C.A. § 341 on November 25, 1991, and the trustee asked the debto...
Views: 0
MEMORANDUM OF OPINION AND ORDER This matter came before the Court on the Defendants’ Motion to Reopen their Chapter 7 case for the purpose of adding a creditor omitted from the original schedules filed in their case. According to the Debtors’ counsel, the debt is a contingent debt that arose prepetition. The case is a no asset case. The creditor to whom the debt is owed is the ...
Views: 2
DECISION RE OBJECTION TO CLAIM OF R & H INTERNATIONAL On February 7, 1991, the court converted this case from a chapter 11 case to a chapter 7 ease. The trustee objects to the administrative claim of R & H International t/a Strassi (“R & H”) as untimely. The objection will be overruled because (1) R & H’s claim, even if tardy, is an allowed administrative claim entitled to ...
Views: 0
ORDER Pierce Lamar Hardy (“debtor”) filed this adversary proceeding against the United States of America for an alleged violation of the permanent injunction of 11 U.S.C. § 524(a)(2) 1 by the Internal Revenue Service (“IRS”). In its answer the IRS asserts that this court lacks subject matter jurisdiction over the action because the government has not waived sovereign immuni...
Views: 1
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The instant contested matter is before the Court by way of a motion filed by Eric L. Onyan (“Debtor”) seeking to avoid a judicial lien held by creditor Barry Hale (“Hale”) pursuant to § 522(f) of the United States Bankruptcy Code (11 U.S.C. §§ 101-1330) (“Code”). Also before the Court is Hale’s *23 objection ...
Views: 0
MEMORANDUM OPINION Trial on the plaintiffs complaint to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) was held on November 9, 1993. At the conclusion of the trial the court announced findings of fact and conclusions of law and ruled in favor of the debtor. This opinion supplements the court’s bench ruling. Fads The debtor, who operates a restaurant, filed a chapter...
Views: 0
MEMORANDUM OPINION Debtor plaintiff Broad Street Associates has brought this adversary proceeding pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Debtor seeks to avoid as an insider preference under § 547 the fixing of liens obtained by defendant creditor United Companies Life Insurance Company (“United”) against debt- or’s real and personal property. Under § 550(a)(1), debtor further ...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is an objection by Carolyn Cooley, Chapter 7 Trustee (“Trustee”), to the allowance of the claim of J.W. Bradley Construction, Inc. (“Bradley”) as being untimely filed. Bradley cross-moves for an order enlarging the time to file its claim nunc pro tunc so as to permit it to participate in the distr...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND FOR JUDGMENT ON ADVERSARY COMPLAINT BACKGROUND Debtor’s bankruptcy case was commenced on November 6, 1990, by the filing of a voluntary petition under Chapter 11 of the Bankruptcy Code. 1 The case was con *593 verted to a case under Chapter 7 by order dated May 9, 1991. This adversary proceeding, which seeks to avoid certain transfers made by Debt...
Views: 1
DECISION AND ORDER DENYING SUMMARY JUDGMENT The court addresses a motion for summary judgment, a motion for appropriate relief (requesting the court to act on the summary judgment motion), and a renewed motion for summary judgment filed by the defendants, John and Beverly Ball (the Balls). These motions will be denied. I. Procedural Background This interpleader suit ...
Views: 0
*643 DECISION GRANTING IN .PART, DENYING IN PART THE FDIC’S MOTION TO DISMISS The court considers a motion to dismiss for failure to state a claim upon which relief can be granted, filed by the Federal Deposit Insurance Corporation (“FDIC”), as Receiver for the National Bank of Washington (“NBW”), and the opposition thereto filed by the debtor, Beitzell & Co., Inc. (“Beitzell...
Views: 1
*303 FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO TRUSTEE’S CLAIMS AGAINST THE BANK OF NEW YORK This cause came before the court on June 21-22, 1993 for trial on Counts I and II of the Trustee’s Amended Adversary Complaint against The Bank of New York. The Trustee seeks recovery both for negligent misrepresentations made by the bank and for enforcement of the indemnity agreement...
Views: 0
OPINION Before this Court is the Motion of the Defendant Washington Savings Bank (“Washington”) for Summary Judgment to Dismiss the Amended Complaint of the Debtors, Lewison Brothers, a partnership (the “Partnership”) and J.E. Paul Lewison (“Paul Lewison”) and Wendy Lewison. The following constitutes this Court’s findings of fact and conclusions of law. *977 FACTS ...
Views: 1
MEMORANDUM OPINION AND ORDER The plaintiff, Jeffrey H. Mims, the Chapter 7 trustee of the Craftsmen, Inc., seeks to recover from the defendant, United States Department of Veterans Affairs, monies allegedly due as a result of the government’s termination of a contract with Craftsmen. The government moves the court to dismiss the adversary proceeding for lack of subject matter jurisdic...
Views: 0
ORDER DISMISSING CASE This matter came before the Court in the course of a telephonic hearing to determine whether David L. Fleming, an attorney who had represented the debtor in non-bankruptcy litigation prior to the filing of the petition, should be compelled to submit to a Rule 2004 examination requested by AmSouth Bank of Florida (the “Creditor”). Fleming objected to submitting to the exa...
Views: 0
MEMORANDUM OPINION This case is pending on the motion of the debtors pursuant to 11 U.S.C. § 506 to avoid the second mortgage of TransAmerica Financial Corporation on real property located at 102 Washington Drive, Richmond, Kentucky, the debtors’ principal residence. The debtors filed a joint petition for relief under chapter 13 of the Bankruptcy Code on February 21, 1992. Their plan provid...
Views: 2
MEMORANDUM OPINION DENYING MOTION OF NVLAND, INC. TO QUASH WRIT OF SEQUESTRATION ISSUED BY THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND AND ORDERING PLAINTIFF TO SHOW CAUSE WHY COMPLAINTS FOR GARNISHMENT OUGHT NOT BE DISMISSED WITH PREJUDICE This opinion concerns a contest between two creditors holding competing state court judgments against the sole stockholder of debtor corporations...
Views: 0
OPINION In this adversary proceeding, both parties contest the dischargeability of a mortgage debt and have moved for summary judgment. The mortgagee, First Federal Savings and Loan Association of Rochester (“First Federal” or the “Bank”), contends that the debtors, Michael G. and Susan Kelley (the “Kelleys” or “Debtors”), made material misrepresentations on their mortgage loan applic...
Views: 2
OPINION Objections to exemptions, filed by the Trustee and two creditors, raise two issues: (1) a factual issue regarding the value of certain jewelry and furs; and (2) a legal is?ue as to whether under Texas law an exemption of the cash surrender value of life insurance policies is limited under the Texas Property Code or unlimited under the Texas Insurance Code. Billy R. Shurle...
Views: 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE was heard before the Court upon the complaint of the case trustee, Sharon T. Sperling. The Trustee’s complaint recites four counts under which the Trustee asserts Gar B. Hoflund, the debtor, should be denied a discharge. The first count is based on 11 U.S.C. § 727(a)(2) and asserts that the Debtor concealed certain assets of the estate by fai...
Views: 1
MEMORANDUM OPINION SUSTAINING TRUSTEE’S OBJECTION TO CLAIM OF PRINCE GEORGE’S COUNTY FOR PAYMENT OF TAX PENALTIES The question presented by the Chapter 11 trustee’s objection to the claim of a county for a prepetition tax penalty is whether the tax penalty assessed against the corporate debtor was discharged pursuant to a provision in the confirmed Chapter 11 plan of reorganization which provid...
Views: 0
ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 case, and the matters under consideration are Cross Motions for Summary Judgment filed by Charles L. Weissing, Trustee (Plaintiff) who instituted the above captioned adversary proceeding, and the United States of America, Department of the Treasury (Government). The Plaintiff in his Complaint seeks to avoid the tax lien asserted by ...
Views: 0
MEMORANDUM OF DECISION First Security Bank of Idaho, N.A. (“Bank”) has moved for relief from the section 362 automatic stay in this chapter 7 case in order to pursue non-bankruptcy remedies concerning a 1988 Ford Escort automobile. The chapter 7 trustee has moved for an order requiring the debtor to turnover to him the same property. The debtor has responded to the motion for turnover by statin...
Views: 0
MEMORANDUM OF DECISION The Idaho Department of Health and Welfare (“Department”) has moved to clarify the application of the automatic stay in this chapter 7 case. The Department asserts the automatic stay does not prohibit it from obtaining an injunction against Robert Goodwin, the debtor requiring a clean-up of environmental contamination. The debtor opposes the motion. FACTS ...
Views: 0
MEMORANDUM OF DECISION STATEMENT The Debtor, Moorpark Adventure, a limited partnership (Moorpark), filed a voluntary *255 petition under Chapter 11 on February 25, 1993. In its filed schedules, it listed as its principal asset a twenty-nine unit apartment complex located in Sherman Oaks, California (Subject Property). Its only other listed assets were a cheeking acco...
Views: 0
*80 ORDER ON MOTION TO DESIGNATE PAYMENTS TO INTERNAL REVENUE SERVICE This matter is before the Court upon the Motion of Debtors for Designation of Payment to Internal Revenue Service, and the Notice of Objection to Debtor’s Motion filed by the Service (“the IRS”). A hearing to consider this matter took place on October 4, 1993, at which time the parties were afforded the opportunity to pre...
Views: 0
MEMORANDUM DECISION DENYING REQUEST FOR RELIEF UNDER 11 U.S.C. § 303(f) On August 20, 1993, an involuntary case under Chapter 7 of the Bankruptcy Code (“Code”) was commenced against Alexander D. DiLorenzo, III (“DiLorenzo” or “Alleged Debtor”). Chadbourne & Parke (“Chad-bourne”), one of the petitioning creditors herein, has moved pursuant to § 303(f) of the Code for an order conditioning ...
Views: 0
152 B.R. 452 (1993) In re CONSOLIDATED PROPERTIES LIMITED PARTNERSHIP, Debtor. Bankruptcy No. 90-4-3408-SD. United States Bankruptcy Court, D. Maryland, at Rockville. March 16, 1993. *453 Stephen E. Leach, Tucker, Flyer & Lewis, Washington, DC, for debtor. John H. Spellman, Hopkins & Sutter, Washington, DC, for Citibank, F.S.B. Gladys L. Yates, Hunton & Williams, and Thomas A. Coughli...
Views: 0
MEMORANDUM AND ORDER The Court has before it for determination the Motion of the Plaintiff, ALAN ERNEST WELCH, for Relief from an Order of Dismissal, For Enlargement of Time and Complaint to Revoke Discharge of Debtor and/or Motion To Amend Adversary Complaint to Add Claim To Revoke Discharge. This Motion was argued by the attorneys for the respective parties, and a time was fixed by the Court for...
Views: 0
Memorandum Opinion This adversary proceeding came on for hearing before the Court on December 17, 1993 on cross-motions for summary judgment filed by the debtors and Opechee Distributors, Inc., a secured creditor with an attachment on the property in question. These cross-motions raise the question of whether, when debtors have bifurcated a claim into an allowed secured claim and an allowed...
Views: 0
OPINION ON EFFECT OF CONFESSED JUDGMENTS The determinative issue raised by this motion for relief from stay is whether movant, Citizens Bank of Maryland, holds a judgment hen on real estate owned by Debtors on their *151respective bankruptcy petition dates. Debtors are husband and wife who filed separately and consolidated their eases. Citizens Bank claims a lien in its favor arose from prepetiti...
Views: 0
MEMORANDUM DECISION ON MOTION FOR AN ORDER FOR RELIEF FROM THE AUTOMATIC STAY Brooklyn Law School (“BLS”) has moved by Order To Show Cause pursuant to § 362(d)(1) of the Bankruptcy Code (“Code”) for relief from the automatic stay to permit it to (i) serve a notice to quit (the “Proposed Notice”) pursuant to Article 7 of the New York Real Property Actions and Proceedings Law (“RPAPL”) ...
Views: 1
MEMORANDUM OPINION This case was heard on a Motion for Allowance of Administrative Expenses (Court Doc. 160) filed by Bluebird Trust, Argus Trust and Sable Trust, seeking an allowance as an administrative claim of the sum of $29,987.34 covering fees and expenses incurred by their attorneys in conjunction with their objections to various provisions of an earlier plan of reorganization which th...
Views: 0
These consolidated actions are before the court to determine whether transfers to the defendants by Milwaukee Cheese Wisconsin, Inc. (MCWI), the involuntary Chapter 11 debtor and the plaintiff, are avoidable as preferential payments pursuant to 11 U.S.C. *300 § 547(b). 1 The plaintiff seeks judgments against the defendants as follows: Ronald Bukowski $10,091.49 ...
Views: 0
OPINION AND ORDER At issue before the Court in the above-captioned matters are the dischargeability of student loans specifically by reason of undue hardship. The parties have agreed that the applicable subsection is 11 U.S.C. § 523(a)(8)(B) which reads as follows: (a) A discharge under section 727, 1141, [,] 1228[a] 1228(b), or 1328(b) of this title [11 USCS § 727, 1141, 1228(a), 1228(b)...
Views: 1
OPINION AND ORDER Before the Court are various Motions filed by the above-captioned parties, namely, a Motion to Dismiss for Lack of Jurisdiction and for Failure to State the Claim upon which Relief can be Granted and, in the alternative, a Motion for a More Specific Pleading and Plaintiffs’ Motion to Dismiss Complaint under Rule 41 of the Federal Rules of Civil Procedure. This matter was comme...
Views: 1
OPINION AND ORDER On September 24, 1992, the Movant, Honesdale National Bank, (hereinafter “Bank”), filed a Motion for Relief from Automatic Stay against the Debtors, Edward and Veronica Mordenti, (hereinafter “Debtors”). The matter was defended and came to trial on January 19, 1993. The parties have agreed that at issue is the Bank’s efforts to foreclose upon a second mortgage against real est...
Views: 0
OPINION AND ORDER Before the Court are two (2) pre-trial Motions namely, a Motion for Reconsideration of an Order of this Court dated May 19, 1993, filed by Leander Research Manufacturing and Distributing, Inc. (hereinafter “Leander”) and Starman Brothers Auctions, Inc. (hereinafter “Starman”) and a Motion to Dismiss filed by Capital Resource Group, Inc. (hereinafter “Capital”). For the reaso...
Views: 0
OPINION AND ORDER Before the Court is a Motion for Reconsideration of this Court’s earlier Order of May 18, 1993 filed by the above-captioned Plaintiff. For the reasons provided herein, the Motion for Reconsideration is granted and judgment is entered in favor of the Plaintiff. *41 The Court further vacates its earlier Order of May 18, 1993 granting verdict for the Defendant, Hoffman Tire C...
Views: 2
OPINION AND ORDER On January 10, 1992, the Movant, Sears, Roebuck and Company, (hereinafter “Sears”), filed a Motion for Relief from Automatic Stay seeking relief relative to a number of household items purchased on a Sears Account in the year 1990. At the time of the Bankruptcy filing, the total balance due on the Sears Account, as agreed to by the parties, was Three Thousand Six Hun...
Views: 0
OPINION AND ORDER ON COMPLAINT TO DETERMINE PRIORITY OF LIENS On April 9, 1992, Larry E. Staats, Trustee, filed a complaint seeking to determine the validity, extent and priority of liens against the assets of the bankruptcy estate of B & B Printing Co., Inc. All claims against the estate’s assets have been dismissed, compromised, or reduced to default judgment except those of defendants John J...
Views: 0
OPINION AND ORDER The Court has heard evidence on the Debtor’s Motion to complete the sale of real estate and personalty to Raymond Price, III, (“Price”) for the total sum of Nine Hundred Seventy Thousand Dollars ($970,000.00), which has been apportioned Six Hundred Seventy-Eight Thousand Dollars ($678,-000.00) for real estate and Two Hundred Ninety-Two Thousand Dollars ($292,000.00) ...
Views: 0
OPINION AND ORDER Before this Court is an issue under the Uniform Commercial Code, Article 9-402(7), cited in Pennsylvania as 13 Pa.C.S.A. § 9402(g). The material facts are not disputed. Spirit of the West, Inc. is a corporation primarily engaged in the retail sale of western apparel, shoes, and related items. Stipulation Nos.'3 and L On June 1,1991, the corporation fi...
Views: 0
OPINION AND ORDER On December 7, 1992, the Chapter Seven Trustee, George Clark, Esquire, applied to this Court for authority to employ Helen Davis Chaitman, Esquire, as Special Counsel to the Trustee for the purposes of representing the estate in litigation against various defendants on matters currently pending in the Court of Common Pleas of Lackawanna County. Ms. Chaitman, at ...
Views: 0
OPINION AND ORDER ON MOTION TO RECLASSIFY THE CLAIM OF PRUDENTIAL INSURANCE COMPANY OF AMERICA Cardinal Realty Services, Inc. (“CRSI”) seeks to reclassify a portion of claim # 9421B filed by the Prudential Insurance Company of America (“Prudential”). The parties agreed to the essential facts and have submitted the matter to the Court on briefs. The Court has jurisdiction in this contested m...
Views: 3
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW There once was an emperor who loved fine apparel more than anything else. He spent all his money on new clothes. One day, two cunning weavers came to town and convinced the emperor that they could make the most beautiful cloth in all the world for him. Not *309 only would this cloth be beautiful, it would also have a certain magic...
Views: 1
DECISION GRANTING IRS’ MOTION FOR SUMMARY JUDGMENT THIS MATTER is before the court on Cross Motions for Summary Judgment. The court having considered the Debtors’ Motion for Summary Judgment, the IRS’s Motion for Summary Judgment, the attachments, exhibits, and deposition transcript, having heard argument of counsel, being fully advised, does hereby render its decision as follows. FINDING...
Views: 0
MEMORANDUM OPINION The matter before the court is a declaratory judgment action brought by A.K. Nahas Shopping Center, Inc. (hereafter “Shopping Center”) seeking a determination that it is entitled to insurance proceeds resulting from a fire which damaged a building located at 407 State Street, Vanport, Pennsylvania. At the time of the fire, the building was owned by Debtors by the entire...
Views: 0
MEMORANDUM OPINION ON MOTION TO RECUSE & DISQUALIFY JUDGE SCHMIDT On this day came on for consideration the Motion to Recuse & Disqualify Judge Schmidt, filed by the Debtor, Richard Schaefer (“Schaefer”). The Court, having reviewed the pleadings on file herein, and the relevant law, finds that no. hearing is necessary and the Motion should be denied. In support of its ruling, the Cour...
Views: 0
*952 MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs Complaint to Determine Dis-chargeability and Defendant’s Answer. At the Trial, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the fol...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Trial on Complaint to Determine Discharge-ability of Debt. At the Trial, the parties were afforded the opportunity to present evidence and arguments they wished the Court to consider in reaching its decision. The Court has reviewed the entire record in this case. Based upon that review, and for the following reasons, this Cou...
Views: 1
MEMORANDUM OF DECISION NATURE OF PROCEEDINGS Chapter 7 Trustee, James A. Dumas, Jr. (the Trustee) filed a complaint against Research Testing Laboratories, Inc. (RTL), seeking to avoid and recover two allegedly preferential transfers pursuant to 11 U.S.C. § 547(b) 1 in the total amount of $52,225.00. *2 In response, RTL filed a motion to dismiss contending that...
Views: 0
*677ORDER ON OBJECTION TO CLAIM OF EXEMPTION THIS CAUSE came on for hearing, with proper notice, upon an Objection to Claim of Exemption filed by Lauren P. Johnson (Trustee), the duly appointed Chapter 7 Trustee in the above-captioned Chapter 7 case. Daniel Dragash (Debtor) contends that the Objection was untimely and, based on this, the Court no longer has jurisdiction to consider the Objection. ...
Views: 0
MEMORANDUM OPINION Debtors filed their petition for relief under Chapter 7 on November 24, 1992. Debtors had owned two businesses: Car-Don Energies of Stanberry, Inc. and Twin Lakes Propane of Warsaw, Inc. Both businesses had been engaged in the retail sale and distribution of butane and propane fuels. Most of the action in the case involved the disposal of the assets of Twin Lakes, but this ...
Views: 0
ORDER ON MOTION TO SELL AND COMPROMISE CONTROVERSY THE OLD adage that a bird in the hand is worth two in the bush frequently comes into play in the administration of estates in bankruptcy. This is particularly true when the matter under consideration is a proposed compromise of a controversy by the estate or a sale of an asset of the estate. Unfortunately, in the present instance, both of...
Views: 0
MEMORANDUM & ORDER DISALLOWING THE PREPETITION PRIORITY AND POSTPETITION ADMINISTRATIVE TAX CLAIMS OF THE DISTRICT OF COLUMBIA & GRANTING JUDGMENT IN FAVOR OF THE PLAINTIFFS The plaintiff-debtor, Laptops Etc. Corporation (Laptops), and Edward Dow (Dow) commenced the above-entitled adversary proceeding by complaint filed on October 6, 1992, in order to appeal the assessment of “sales” and ...
Views: 0
ORDER DETERMINING STATUS OF LIEN The matter before the court is the motion of the chapter 13 debtors, Clark and Donna Kidd, to determine the value of collateral and the status of the claim of Associates Financial Service Company, Inc. A hearing was held in Raleigh, North Carolina on September 7, 1993. The debtors own a home in Angier, North Carolina that is encumbered by a first lien deed of ...
Views: 4
ORDER ALLOWING PAYMENT OF COUNTRYWIDE IN ACCORDANCE WITH CONFIRMED CHAPTER 13 PLAN THIS MATTER came on for hearing on March 23, 1993, on Countrywide Funding’s Motion for Court to Consider Chapter 13 Plan Filed by Debtor as Informal Proof of Claim and to Allow Amendment of Informal Proof of Claim, and the Debtor’s response thereto. The Court has reviewed the Motion and the file, and has consider...
Views: 2
MEMORANDUM OPINION At Pensacola, in said District, this 10th day of February, 1993 before Arthur B. Brisk-man, Bankruptcy Judge. 1 This matter came before the Court on the application of the plaintiff for temporary, preliminary and permanent injunction. After hearing arguments of counsel and receiving exhibits, the Court makes the following findings of fact and conclusion...
Views: 0
MEMORANDUM AND ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF DURR-FILLAUER MEDICAL, INC. The above objection having been considered, I make the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT Debtor’s case was filed August 16, 1991. Durr-Fillauer Medical, Inc. (“Durr-Fil-lauer”) was not scheduled as a creditor, but its attorney, Leonard J. Panzitta, was li...
Views: 1
OPINION Comes now before this Court the Amended Objection of First National Bank-Linden, Texas, to Debtor’s Claim of Exemptions pursuant to regular setting in Tyler, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Fed. R.Bankr.P. 7052 and disposes of all issues before the Court. FACTUAL BACKGROUND The issue in this dispute concerns Will...
Views: 0
MEMORANDUM I. INTRODUCTION The matter before the Court is the “Debt- or’s Objection to Proof of Claim of Commonwealth of Massachusetts Department of Revenue.” The Court conducted a hearing on the Debtor’s objection on July 9, 1993. At the conclusion of the hearing, the Court ordered the parties, Jane M. Crecco (the “Debtor”) and the Massachusetts Department of Revenue (the “DOR”), to file an ...
Views: 0
*225 MEMORANDUM OF DECISION DENYING DEBTORS’ APPLICATIONS TO AVOID LIEN AND GRANTING PLAINS STATE BANK RELIEF FROM THE AUTOMATIC STAY The above referenced cases are before the Court on Plains State Bank’s motion for relief from automatic stay, objection to debtors’ claims of exemptions, and debtors’ applications to avoid the lien of Plains State Bank. FACTS The facts of this case are ...
Views: 1
MEMORANDUM AND ORDER Debtors in the above-captioned case filed a Chapter 11 petition on June 1, 1993. Mov-ant, First American Bank of Georgia (“First American Bank”) filed an Emergency Motion for Relief from Stay alleging that Debtors’ Chapter 11 filings were in bad faith and that, under applicable authorities, relief from the automatic stay should be granted to allow Movant to enforc...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the complaint of the trustee, Robert H. Allen, to determine the validity, extent and priority of liens of the respective defendants. After receiving exhibits, stipulation of facts and arguments of counsel, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT First Alabama Bank (First Alabama) was formerl...
Views: 0
OPINION RE: APPLICATION OP SHERMETA, CHIMKO & KILPA-TRICK FOR COMPENSATION FOR LEGAL SERVICES RENDERED TO CHAPTER 7 TRUSTEE Shermeta, Chimko & Kilpatrick filed an application requesting allowance of $13,-105.50 for compensation for legal services rendered to the chapter 7 trustee between August 31, 1989 and October 31, 1992. In considering the appropriate level of compensation for the...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION Power House Ford Engines, Inc. filed its Complaint to Determine Nature, Extent, and Validity of Liens and Interests in and to Personal Property; Complaint to Enjoin Use of Personal Property by Debtor in Possession, on May 14, 1993. Defendants, State of California (State Board of Equalization and Employment Development Depar...
Views: 0
MEMORANDUM OF DECISION NATURE OF PROCEEDINGS The Debtor, Cathy Lee Crosby (Ms. Crosby), filed a Chapter 7 Petition on July 20, 1993. Shortly thereafter, she filed certain schedules and statements as required by Rule 1007(b), Fed.R.Bankr.P., including schedules listing her personal property (Schedule B) and property claimed as exempt (Schedule C). These schedules were amended on two o...
Views: 2
ORDER At Butte in said District this 16th day of December, 1993. In this Chapter 11 case, Jennie Deden Behles (“Applicant”), attorney for the Debt- or-in-Possession (“DIP), filed a second fee application on August 4, 1993, requesting attorney’s fees in the amount of $71,377.50, costs of $15,701.71, and $4,131.83 for New Mexico gross receipts tax. Objections to the fee application hav...
Views: 0
OPINION ON POLLARD DISPOSAL’S MOTION REGARDING AUTOMATIC STAY INTRODUCTION On April 30, 1988, Bruce Kilpatrick (the “Debtor”) entered into a written agreement in which he agreed to sell certain equipment to G & G Disposal Corporation. Pursuant to this agreement, the Debtor assigned to G & G all customer accounts belonging to the Debtor’s company, B & K Disposal. The agreement...
Views: 2
MEMORANDUM OPINION This is an adversary proceeding to determine the dischargeability of certain student loans incurred by debtors between 1981 and 1986. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that the debts due from Jon C. Wardlow to defendan...
Views: 1
MEMORANDUM OPINION The matter before the court is a motion for summary judgment on John M. Silvestri’s “Motion to Have Judgments Entered December 22, 1993, as Supplemented by an Order Entered January 28, 1993, Marked Satisfied as to John M. Silvestri”. The underlying judgments were entered in favor of respondents Robert O. Lampl, Michael R. Kelly, James A. Ashton, and others not party to the moti...
Views: 0
MEMORANDUM DECISION AND ORDER This matter came on for trial on the 6th day of May, 1993. Plaintiff Tusco Budget Outlet, Inc. (“Tusco”) appeared through its agents Ray Roberts and Hal Barrett and by its attorney James Eagleton. Defendant Edward Lee Stutsman (“Stutsman”) appeared in person and by his attorney Stephen Riley. The Court reviewed its previous orders denying motions for summ...
Views: 0
MEMORANDUM The plaintiff has initiated this adversary proceeding to resolve the following two issues: (1) whether the debtor should be denied a discharge of his debt pursuant to 11 U.S.C. § 727(a)(4)(A) because the debtor knowingly and fraudulently committed a false oath or account in the filing of his Chapter 7 bankruptcy, and (2) whether the debtor’s petition for bankruptcy should be dismis...
Views: 0
ORDER This matter is before the court on Boult, Cummings, Conners & Berry’s (“BCCB”) objection to the defendants’ Motion to Compel BCCB to Produce Subpoenaed Documents. BCCB’s objection raises the issue of whether an attorney can assert a retaining hen on subpoenaed documents that relate to a confirmed plan of reorganization in bankruptcy. Upon consideration of the relevant authorities, the cou...
Views: 0
MEMORANDUM GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT I. INTRODUCTION The Chapter 7 trustee, as plaintiff, has initiated this adversary proceeding to retain all of the net proceeds from the sale of the debtor’s property located at 5154 Murfrees-boro Road. Before the court is the trustee’s motion for summary judgement seeking an order granting a judgement in her favor as a matter of law. Fo...
Views: 3
*841 FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING MOTION FOR PAYMENT OF ADMINISTRATIVE EXPENSES Joseph L. Lackey, Jr. moves this Court pursuant to § 503(b)(1)(A) for payment of attorney's fees as an administrative expense in the Chapter 7 petition of the debtor, Robert Houston Williams, Sr., f/d/b/a Bordeaux Ace Hardware. Mr. Lackey represented William K. Jenkins in the prepetition purchas...
Views: 0
MEMORANDUM REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT AND DEFENDANT’S CROSS MOTION FOR PARTIAL SUMMARY JUDGEMENT I. INTRODUCTION Creekstone Apartments Associates, L.P., as plaintiff initiated this adversary proceeding to determine the validity, priority and extent of liens held by the Resolution Trust Corporation (“RTC”) and First Tennessee Bank National Association on pre-pe...
Views: 2
MEMORANDUM OPINION DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT This matter came before the United States Bankruptcy Court for the District of Maryland at Baltimore upon the debtors’ motion for summary judgment [P. 4]. The issues raised by the motion are whether a Chapter 7 debtor has standing to maintain a preference action and whether these particular deb...
Views: 0
ORDER DENYING CONFIRMATION OF PLAN OF REORGANIZATION Table of Contents I. Introduction.916 II. MONY’s § 1111(b)(2) Election...916 A. Background of MONY’s claim and the § 1111(b) election.916 B. Can a creditor make a conditional § 1111(b)(2) election or make the § 1111(b)(2) election under protest?.917 C. May a creditor withdraw a § 1111(b)(2) election?.918 ...
Views: 1
OPINION This matter is before the Court on the Motion of V. DiFrancesco & Sons (“DiFran-cesco”) seeking an Order prohibiting Debt- or’s use of cash collateral under 11 U.S.C. § 363. The Debtor, West Chestnut Realty of Haverford, Inc., and the Official Committee of Unsecured Creditors (“the Committee”) oppose the Motion. After considering the parties’ memoranda, and upon consideration ...
Views: 0
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)(A) and (E), which the Court may hear and determine. PROCEDURAL BACKGROUND ...
Views: 0
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)(F), which the Court may hear and determine. PROCEDURAL BACKGROUND (1) On or about...
Views: 0
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)(A), which the Court may hear and determine. PROCEDURAL BACKGROUND On August 4, 1...
Views: 0
MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1384, 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)(F), which the Court may hear and determine. PROCEDURAL BACKGROUND (1) On or abou...
Views: 0
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)(F), which the Court may hear and determine. PROCEDURAL BACKGROUND (1) On...
Views: 0
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)(A) and (B) which the Court may hear and determine. PROCEDURAL BACKGROUND (1) R ...
Views: 0
MEMORANDUM OF DECISION This matter came before the court on the motion of the Bankruptcy Administrator for a status conference to allow the debtors Richard D. Harp and Maudie J. Harp to explain to the court why they ceased to comply with the operating order in their Chapter 11 bankruptcy by placing funds in a bank account not labelled as that of a Chapter 11 debtor-in-possession. The ...
Views: 0
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. PROCEDURAL BACKGROUND 1. The...
Views: 3
166 B.R. 1006 (1993) In re VALLEY STEEL PRODUCTS COMPANY, INC., et al., Debtors. The OFFICIAL PLAN COMMITTEE ON BEHALF OF the ESTATE OF VALLEY STEEL PRODUCTS COMPANY, INC., et al., Plaintiffs, v. WHITEWOOD TRANSPORTATION INC., Defendant. Bankruptcy No. 92-40778-293. Adv. No. 93-4176-293. United States Bankruptcy Court, E.D. Missouri Eastern Division. October 29, 1993. *1007 Teresa A. Generous, St...
Views: 1
MEMORANDUM OPINION The court has considered the Debtors’ Amended Motion to Determine Amount and Legality of Claim of the Comptroller of Public Accounts for the State of Texas. The following are the findings and conclusions of the court. To the extent any of the Findings of Fact herein are construed to be Conclusions of Law, they are hereby adopted as such. To the extent any of the Conclusions...
Views: 2
MEMORANDUM OPINION Came on for consideration the Amended Motion for Relief from Stay filed by Lester Kastleman, Trustee (“Kastleman”). An issue has been raised regarding the Debtor’s eligibility for Chapter 11 relief. The court has considered this argument and has determined that it is without jurisdiction to decide the Motion for Relief from Stay because the Debtor is not eligible to be a de...
Views: 0
MEMORANDUM OPINION The following are the Findings of Fact and Conclusions of Law on the Debtor’s objection to the proof of claim filed by the United States of America, on behalf of the Internal Revenue Service (“IRS”). To the extent any of the Findings of Fact herein are construed to be Conclusions of Law, they are hereby adopted as such. To the extent any of the Conclusions of Law herein are co...
Views: 0
MEMORANDUM OPINION The court has considered the Debtor’s Complaint to Determine Dischargeability of Taxes, the pleadings, evidence, arguments, and briefs filed in this case, and makes the following Findings of Fact and Conclusions of Law pursuant to Bankruptcy Rule 7052. Pursuant to Bankruptcy Rule 9021, a separate Judgment conforming to these Findings of Fact and Conclusions of Law will be e...
Views: 0
166 B.R. 621 (1993) In re Vivian J. STONE, Debtor. Bankruptcy No. 91-02952-H3-13. United States Bankruptcy Court, S.D. Texas, Houston Division. December 14, 1993. *622 Dana K. Archer, Houston, TX, for debtor. Susan Greene, Office of U.S. Atty., Houston, TX, for I.R.S. William E. Heitkamp, Houston, TX, Trustee. MEMORANDUM OPINION LETITIA Z. CLARK, Bankruptcy Judge. Came on for hearing the Confirm...
Views: 0
MEMORANDUM OPINION The court has considered confirmation on the Debtor’s Chapter 13 Plan, the objection to exemptions (Docket No. 25) filed by Riggs National Bank of Washington, D.C. (“Riggs”), the Debtor’s objection to the claim of Riggs (Docket No. 29), and the motion to dismiss (Docket No. 34) filed by Riggs. Confirmation of the plan was denied at hearing. The following are the Findings of...
Views: 1
ORDER This ease came before the Court on January 29, 1992, for a hearing on the United States Trustee’s Motion to Dismiss Pursuant to § 707(b) of the Bankruptcy Code. The United States Trustee was represented by James H. Morawetz and the Debtor by Bob McFarland. After hearing testimony from Robert Bayne Parker, collection manager for Georgia Telco Credit Union (a creditor in the case)...
Views: 1
ORDER DISPOSING OF THE TRUSTEE’S AND THE DEFENDANTS’ CROSS MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE came before the Court for hearing on February 4, 1993, on the motion of the Defendants, Capital Factors, Inc. and Capital Bank (“DEFENDANTS”), for summary judgment and on the cross motion for summary judgment of the Plaintiff, Jeanette E. Tavormina, Trustee in Chapter 7 (“TRUSTEE”) for the D...
Views: 0
ORDER OF DISMISSAL WITH PREJUDICE The Debtor, Phoenix Land Corporation commenced these Voluntary Chapter 11 Proceedings on June 29, 1998 at 4:30 P.M. after the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida (Florida State Court) entered a Final Summary Judgment of Foreclosure of unimproved real estate, the single asset owned by the Debtor at the time of the comme...
Views: 0
*363 ORDER DETERMINING EXEMPTIONS This case came on for hearing on the objection of the trustee to three claims by the debtor to exempt property. Edward W. Bergquist, the trustee, appeared in propria persona and Michael B. LeBaron appeared for the debtor. The debtor has claimed as exempt the cash value of a life insurance policy with Principal Financial Group in the amount of $6,399.19....
Views: 1
DECISION BE STANDING OF TRUSTEE TO PURSUE CONSPIRACY AND AIDING AND ABETTING CLAIMS SET FORTH IN COUNTS 8 AND 9 OF THE AMENDED COMPLAINT This matter concerns whether the trustee, Murray Drabkin, of the estate of the debtor, Latin Investment Corporation, has standing to raise counts 8 and 9 of the amended complaint. Those counts charge the defendants, L & L Construction Associates, Inc...
Views: 3
ORDER GRANTING TRANSAMERICA RENTAL FINANCE CORPORATION’S UNOPPOSED MOTION TO VACATE ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE came on for hearing on September 29, 1993, upon Transamerica Rental Finance Corporation’s Unopposed Motion to Vacate the Court’s Order on Cross-Motions for Summary Judgment. It appears from the record that this Court entered its Order on Cross-Motions for Sum...
Views: 0
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This matter came before the Court on Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Judgment on the Pleadings, or, Alternatively, Motion for Summary Judgment, and Motion to Dismiss for Failure to State a Claim, or, Alternatively, Motion for Summary Judgment. Having considered the undisputed facts, the applicable law, the ...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT FILED BY CHRYSLER CORPORATION, QUALITY JEEP-EAGLE, INC. AND LLOYD McKEE MOTORS, INC. This matter came before the Court on Chrysler Corporation’s Motion for Summary Judgment; Quality Jeep-Eagle, Inc.’s Motion for Summary Judgment; and Lloyd McKee Motors’ Motion for Summary Judgment or in the alternative, Motion for Partial Summary Judgment. Lloyd M...
Views: 0
ORDER ON DEBTOR’S AMENDED OBJECTION TO AMENDED PROOF OF CLAIM This matter came before this Court on Debtor’s Amended Objection to the Amended Proof of Claim of the New Mexico Department of Taxation and Revenue (the “Department”) and the Response thereto by the Department. The Debtor seeks a declaration from this Court that the ben of the Department is void ab initio because the notice of ben id...
Views: 0
ORDER' THIS MATTER comes before the Court on a Complaint for Declaratory Judgment filed April 7, 1992 by Plaintiff Fleet Real Estate Funding Corp. (“Creditor”). The Debtors, Charles Eugene Fewell and Sharon Kay Fewell (“Debtors”), filed an Answer to the Complaint on May 20, 1992. On June 19, 1992, the Chapter 13 Trustee filed a Brief generally in opposition to the relief requested and, on July ...
Views: 0
MEMORANDUM Hearing was held on August 12, 1993, on Notice of Intent to Abandon filed by Philip Kelly, Trustee. Appearing on behalf of Debtor was Allen L. Fugate of North Platte, Nebraska. Appearing on behalf of IRS was Henry Carriger. Appearing on behalf of Gering State Bank was Wayne Griffin of North Platte, Nebraska. Philip Kelly appeared as Trustee. This memorandum contains finding...
Views: 0
MEMORANDUM OPINION On consideration before the court in each of the above captioned bankruptcy cases are objections by the Office of the U.S. Trustee to certain exemptions claimed by the debtors; responses to said objections having been filed by the debtors; memoranda of law having been submitted by the parties; and the court having considered same, hereby finds as follows, to-wit: ...
Views: 0
MEMORANDUM OPINION DISCHARGING POST-PETITION CONDOMINIUM ASSOCIATION FEES INTRODUCTION This Court is presented with a question of first impression for the United States Bankruptcy Court for the Eastern District of Michigan. The Court is asked to determine whether condominium association fees that arise post-petition are deemed to be discharged pursuant to the Order of Relief....
Views: 0
MEMORANDUM OPINION Edward J. Wiggins, Debtor, filed a petition under Chapter 11 of the Bankruptcy Code on September 1, 1992. The ease was converted to a case under Chapter 7 of the Bankruptcy Code on October 6,1992. The Court entered an order of discharge on January 12, 1993. On May 20, 1993, Citizens Bank of Americus filed a proof of claim in Debtor’s Chapter 7 bankruptcy case in the amount of ...
Views: 0
MEMORANDUM DECISION This case was commenced as a voluntary Chapter 7 on September 2, 1988 in the United States Bankruptcy Court for the Northern District of Illinois. The Illinois Bankruptcy Court established a bar date of January 19, 1989 for the filing of proofs of claim. Thereafter the case was transferred to the District of Massachusetts. By order dated February 3,1989, this Court affirmed ...
Views: 1
MEMORANDUM OPINION The Court now revisits this adversary action filed by Debtor Master Mortgage Investment Fund (“Master Mortgage”) against American National Insurance Company (“American National”) on Defendant’s motion for summary judgment as to Count I of the complaint — the breach of contract claim. On March 9, 1993, the Court filed its opinion on Defendant’s summary judgment motio...
Views: 0
AMENDED MEMORANDUM DECISION AND ORDER This matter comes before the Court upon the Motion for Summary Judgment and Statement of Facts, filed on February 2, 1992, by the Debtor, Oklahoma P.A.C. First Limited Partnership, an Arizona limited partnership. The Motion requests judgment be entered in Debtor’s favor and against the numerous defendants in this adversary proceeding. The various ...
Views: 0
Order Denying Debtor’s Motion to Vacate Order Reopening the Estate THIS CAUSE is before the Court on the Motion of O.A. Winburn, Jr. (the “Debtor”), for Rehearing of the Order Granting the Motion of U.S. Trustee (the “Trustee”) to Reopen the Chapter 7 Estate. At the hearing on the Debtor’s motion, the Court granted leave to the parties to file a memoranda of law as to what evidence th...
Views: 0
ORDER This adversary proceeding came on for a continued pretrial hearing before the Court on August 20, 1993 on a Complaint to Deter- • mine Lien, and for a continued hearing on a Motion to Dismiss filed by defendant Farm-ington National Bank. 1 The issue presented by the motion to dismiss is whether the decision of the United States Supreme Court in Dewsnup v. Timm, — U.S. -, 112 S.Ct....
Views: 3
MEMORANDUM OPINION On May 13, 1993, the court held a hearing on the Chapter 7 Trustee’s Motion for Partial Summary Judgment. The counsel for the parties stipulated that the only issue before the court was whether the disaster payments were property of the estate. At the conclusion of the hearing, the court took the matter under advisement to allow the Defendants the opportunity to sub...
Views: 0
DECISION and ORDER This matter is before the court on OBJECTION TO CLAIM OF EQUITABLE LIFE INSURANCE COMPANY OF IOWA, which was filed by Invex Holdings, N.V. and Invex Finance, B.V. (referred to jointly as “Invex”) on October 6, 1992. Equitable Life Insurance Company of Iowa filed its response on October 15, 1992. A hearing was held on December 21, 1992. Both parties subsequently file...
Views: 0
OPINION Background and Basic Facts On August 2,1990, Nikki and George Cho-makos (“Debtors”) filed a voluntary Chapter 11, and on September 6, 1990, an Order for Relief under Chapter 7 was entered. This adversary proceeding was brought by the Trustee against Flamingo Hilton (“Flamingo”) under 11 U.S.C. § 548 and Mich.Comp. Laws Ann. §§ 566.11-23; Mich.Stat.Ann. 26.881-.893 to ...
Views: 3
166 B.R. 611 (1993) In re INTERNAL REVENUE SERVICE, Movant, v. Elias BACHA, Respondent. Bankruptcy No. 92-1-1924-SD. Motion No. 24-1. United States Bankruptcy Court, D. Maryland, at Rockville. December 29, 1993. Beverly A. Moses, Washington, DC, for movant I.R.S. Edward M. Kimmel, Washington, DC, for respondent Elias Bacha. MEMORANDUM OPINION DUNCAN W. KEIR, Bankruptcy Judge. This Court held a h...
Views: 1
MEMORANDUM AND ORDER ON MOTION FOR RECONSIDERATION On January 14, 1993, a hearing was held on the United States’ Motion for Reconsideration of this Court’s Order of January 30, 1992, which classified an Internal Revenue Service claim as contingent. Pursuant to the evidence presented at the hearing, the stipulation of the parties, and the applicable authorities, I make the following Findings of ...
Views: 2
DECISION ON DEBTOR’S MOTION FOR SUMMARY JUDGMENT EXPUNGING CLAIMS OF MIRROR GROUP NEWSPAPERS, PLC, MGN LIMITED AND RTI HOLDINGS, INC. At a time when the Daily News’ extinction was but days away, in early 1991, there appeared Robert Maxwell, the seeming savior who was paid over $60,000,000 to take the newspaper off the hands of its former owner. It was through this debtor, Maxwell Newspape...
Views: 1
MEMORANDUM AND ORDER Before the court is the Defendant/Debtor’s Motion to Dismiss the complaint and his Motion to Continue that Motion. The Motion to Dismiss is based on the contention that the court lacks jurisdiction in the underlying involuntary Chapter 7 case. The Motion to Continue is based on the contention that the Debtor has a right to be present at the hearing on the Motion to Dismiss ...
Views: 0
*120 MEMORANDUM OPINION AND ORDER This ease is before this court on the letter (hereinafter: “Motion”) filed by William G. Walters, pro se, (hereinafter: “Debtor”) on November 2, 1992, to Dismiss the Adversary Proceeding filed by the United States of America (hereinafter: “USA”) for lack of subject matter jurisdiction. The Court by Order dated November 4, 1992 treated said Motion as a Rul...
Views: 0
OPINION Introduction Distral Energy Corporation (“Distral”), a creditor of Debtor Michigan Boiler and Engineering Company (“Debtor” or “MBE”), commenced an adversary proceeding seeking recovery of alleged trust funds in the amount of $139,311.19 1 , which it alleges are not assets of the Debtor’s estate. Stipulated and Other Facts The parties stipulat...
Views: 2
*160 MEMORANDUM OPINION On September 12, 1991 debtors and plaintiffs Marvin and Margaret Coats filed this adversary complaining that property of their bankruptcy estate had been wrongfully seized by defendants Montgomery County, Constable Travis Bishop, and Glenn Vawter. 1 The Coats also request damages resulting from defendants’ exercise of exclusive dominion and ...
Views: 1
MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on August 17, 1993, on the parties’ cross motions for summary judgment. Defendant seeks dismissal of the first two claims in the Complaint under 11 U.S.C. §§ 548(a)(2) and 548(c). Additionally, Defendant seeks dismissal of the third claim in the Complaint under § 544 which incorporates the old ver*724sion of the Colorado fraudulent tran...
Views: 1
MEMORANDUM OPINION Pending before the Court is the plaintiff’s (Carter) Complaint to Determine Discharge-ability of Debt Under 11 U.S.C. §§ 523(a)(2), 523(a)(4), and 523(a)(6). The Court held a hearing on the matter on May 25, 1993. I. Jurisdiction The Court has jurisdiction over this pending matter pursuant to 28 U.S.C. § 1334. Further the above proceeding is a core...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER came before the Court for trial on July 30, 1993. William G. Robinson appeared on behalf of the Plaintiff, while J. Craig Whitley represented the Defendant Trustee and Robert Lindsey, the Debtor. Although, procedurally the action covers a number of legal theories, in essence this action involves a determination of a claim filed against the Estat...
Views: 0
DECISION The central inquiry before this Court is whether a constructive trust should be imposed upon funds that were concededly paid in error to the Debtor prior to the commencement of this Chapter 7 proceeding. This issue arises in the context of motions and cross-motions for summary judgment made by each of the parties to this adversary proceeding. The initial motion for summa...
Views: 0
MEMORANDUM On October 4, 1993, this debtor filed the instant chapter 11 ease. Samuel Rosenberg, who holds a first mortgage on the debtor’s sole asset, has now moved to dismiss this case alleging that it was filed in bad faith. Alternatively, Mr. Rosenberg seeks relief from the automatic stay. After a hearing, the following facts were proven. I. The debtor is a corporation w...
Views: 1
ORDER SUSTAINING RENT-A-CENTER’S OBJECTION TO CONFIRMATION OF PLAN AND REQUIRING ACCEPTANCE OR REJECTION OF LEASE-PURCHASE AGREEMENTS THIS MATTER came before the undersigned United States Bankruptcy Court *715 Judge upon the objection of Reni>-A-Center, a division of THORN Americas, Inc. (“RAC”), to the confirmation of debtor’s proposed Chapter 13 Plan. The debtor and RAC entered into five...
Views: 0
ORDER Before the court are cross-motions for summary judgment. Plaintiff seeks to avoid and recover a preferential transfer in the amount of $57,098.77. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F). The court will grant defendant’s motion and deny plaintiffs motion. FACTS On May 25, 1990, T.B. Home Sewing Enterprises, Inc. (“debtor”) filed for ba...
Views: 0
ORDER Before the court are cross-motions for summary judgment. Plaintiff seeks to avoid and recover preferential transfers in the amount of $141,812.69. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F). The court will grant defendant’s motion and deny plaintiffs motion. FACTS On May 25, 1990, T.B. Home Sewing Enterprises, Inc. filed for bankruptcy protection under Chapter...
Views: 0
ORDER Before the court is the motion of Munford, Inc. (“debtor”) for approval of compromise and settlement with Valuation Research Corporation (‘VRC”) pursuant to Federal Rule of Bankruptcy Procedure 9019(a). This settlement arises in connection with claims asserted in Adversary Proceeding No. 91-6417, styled Munford, Inc. v. Dillard Munford, et al., in which VRC is a co-de...
Views: 0
OPINION The Debtor filed a Motion to Set Aside Lien held by Columbus Auto Auction. Pursuant to an Order and Opinion entered by this Court on March 16, 1993, a state court judgment obtained by Plaintiff against the Debtor in the amount of $67,905.00 was declared to be nondischargeable to the extent of $23,190.00, and dischargeable as to the balance. The Debtor asks the Court to set aside the...
Views: 0
DECISION AND ORDER ON MOTION TO DISMISS AND CROSS-MOTION FOR SUMMARY JUDGMENT PRELIMINARY STATEMENT This matter comes before the Court on a motion (“Motion”) by an above-referenced defendant to dismiss the complaint (“Complaint”) in the above-referenced adversary proceeding (“Adversary Proceeding”) for failure to state a cause of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Proce...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on (1) Tracy Elizabeth Anderson’s Motion to Confirm filed December 22,1992; (2) Geneva Joann Maloney’s Second Submitted Motion to Confirm filed December 22, 1992; and (3) Thomas Lee Smith’s Motion to Confirm filed February 26, 1993. The Court, having re *228 viewed the applicable files and being advised in the premises, makes the...
Views: 0
OPINION On February 19,1993,. the borough of Net-cong, a New Jersey municipality, filed a motion seeking to compel payment of its administrative expense claim for accrued real estate taxes on the debtors’ property located in Netcong, or, in the alternative, for relief from the automatic stay in order to perfect its post-petition tax liens and proceed to a tax sale. The court held a he...
Views: 1
DECISION ON DEBTORS’ MOTION FOR SANCTIONS This matter came before the Court for trial on the motion 1 filed by Debtors William L. Bobbitt (“Bobbitt”) and Olga McVay (“McVay”) (collectively “Debtors”) for sanctions against the Monterey Federal Credit Union (“MFCU”) for violation of the automatic stay imposed by § 362, 2 and for violation of the § 525 3 ...
Views: 0
OPINION This is an action to except a creditor’s claim from discharge pursuant to section 523(a)(2)(A). This Court has jurisdiction of this proceeding pursuant to 28 U.S.C. section 157(a), (b)(2)(I), 1334(b) and 11 U.S.C. section 523(c). This is a core proceeding in which the Court is authorized to hear and determine all matters relating to this case. 28 U.S.C. § 157(b)(2)(I). FACTS The deb...
Views: 0
ORDER This matter comes before the Court on cross Motions for Summary Judgment, filed in this adversary proceeding by the plaintiff Empire Financial Services, Inc., (hereinafter “Empire”) and the defendant Ira D. Gingold, Trustee of Real Estate West Ventures, L.P. (hereinafter “Trustee”), and the Motion to Strike the Trustee’s affidavits, filed by Empire. The issues raised in these Mo...
Views: 0
ORDER Jeffrey Brown, a creditor, objects to confirmation of the debtor’s proposed Chapter 13 plan. Based on the evidence presented at hearing, I make the following findings. FINDINGS OF FACT The debtor, Joy Davis, was formerly married to Jeffrey Brown. During the marriage, the parties built a house on 3.08 acres of jointly-owned land situated in the middle of land owned by debtor’s moth...
Views: 0
ORDER This Order addresses “Movant Kent W. Finfrock’s Motion for Relief from Automatic Stay Pursuant to 11 U.S.C. Sec. 362.” This is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A) and 157(b)(2)(G). This Court has jurisdiction of this proceeding pursuant to 28 U.S.C. §§ 157 and 1334, 11 U.S.C. §§ 105 and 362 and Rule 29 of the Local Rules of the United States District Cou...
Views: 0
MEMORANDUM OPINION AND ORDER This Court is presented with creditor Metropolitan Life Insurance Company’s (Metropolitan) motion to lift and annul the automatic stay and for dismissal based upon the completion of a Pre-Bankruptcy Foreclosure by Advertisement and Debtor’s Motion in Opposition to Metropolitan’s motions. INTRODUCTION At first blush, it appears that this ease turns upon the crucial ...
Views: 0
OPINION ON MOTION TO LIFT STAY AND ON MOTION TO RECLAIM REAL PROPERTY (Secor Bank) The motion of the above creditor for relief from stay, and the motion by debtor to reclaim real property were heard by the court on July 26, 1993. FACTS The important facts are without dispute. On March 9, 1993, James Bozeman, the husband of this debtor, filed a Chapter 13 bankruptcy. On March 15,1993, Se...
Views: 0
INTERIM ORDER On December 6,1993 this Court took testimony relative to a Motion for Relief from Automatic Stay filed by the Schuylkill County Tax Claim Bureau. At that time, it was agreed by the parties that this Court should make a preliminary determination as to whether the Debtor had an equitable interest in the subject property despite the exposure of that property to a public Upset Sale pri...
Views: 0
OPINION AND ORDER This case is before the court upon the motion to dismiss by co-defendants Julio Capo Capo, Roberto A. Pietri Bonilla, Edwin Miranda, Hector Rosario and Jose del Valle, as well as the briefs filed by the parties following the status conference held on April 24, 1992. At that time, the court asked the parties to brief the following issues: 1. whether this matter i...
Views: 0
MEMORANDUM In this adversary proceeding, I have been asked to determine for purposes of Section 506(a), 11 U.S.C., the value of tax liens asserted by defendant United States of America, Internal Revenue Service (the “Government”) against debtor Thomas A. Boch (“Boch”), individually, and against debtors Boch and Linda Jo Boch (“Debtors”) jointly with respect to federal tax debt from the ye...
Views: 2
DECISION By its complaint in this proceeding, the plaintiff/debtor, who is proceeding pro se, seeks to recover both compensatory and punitive damages from the defendants Jocquel Supply and Donald Stinson. Although the complaint is in six separate counts, each of which seeks recovery under a slightly different legal theory, in the ultimate analysis plaintiffs claims reduce themselves t...
Views: 0
JUDGMENT ENTRY This adversary proceeding is before the Court pursuant to a complaint filed by Bethesda Hospital under 11 U.S.C. § 523(a)(2), (a)(4) and (a)(6). The complaint alleges that certain payments made to the Debtor by Community Mutual Insurance Company belonged to Bethesda Hospital (“the hospital”) and that the debtor intentionally defrauded the hospital by using the money for his own pur...
Views: 0
MEMORANDUM Hearing was held on September 3, 1993, on Motion for Summary Judgment filed by the USA/IRS. Appearing on behalf of the debtor was Albert Burnes of Burnes Law Office, Omaha, Nebraska. Appearing on behalf of USA was Robert Metcalfe of Washington, D.C. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7052 and Fed. R.Civ.P. 52. This is a...
Views: 2
OPINION Comes now before the Court two complaints filed by South Coast Supply Company, Inc. seeking declaratory judgment; two complaints filed by the Ralph M. Parsons Company to determine the validity/priority/extent of liens; and the complaint of the M.W. Kellogg Company for injunctive relief. Due to the existence of common questions of fact and law, the Court ordered the consolidati...
Views: 2
OPINION AND ORDER Before the Court is a Motion entitled “Motion for Determination of Secured Status”. This Motion, however, requests the Court to require Sears, Roebuck & Co., (hereinafter “Sears”), “to prove any claim which it may assert against the property of Debtor, all of which has been claimed as exempt and, upon failure thereof, to deny such claim under the provision of Section...
Views: 1
DECISION AND ORDER AFTER TRIAL In this Adversary Proceeding, the Buffalo Fireman’s Credit Union (“Credit Union”) seeks to have the auto loan debt of William Butski (“Debtor”) declared non-dischargea-ble for fraud, under Section 523(a)(2)(A) of the Bankruptcy Code (11 U.S.C. § 523(a)(2)(A)). The Court finds that the Debtor concealed from the Credit Union the fact that the vehicle, a va...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the complaint of the plaintiff, Signet Bank/Virginia, to determine the dischargeability of indebtedness owed to it by the defendant, Theodros Gelagay. Appearing before the Court were Scott W. Spradley, attorney for the plaintiff, Signet Bank/Virginia; and Raymond 0. Bodiford, attorney for the debt- or/defendant, Theodros Gelagay. After rece...
Views: 0
ORDER Before the Court is the Motion to Extend Time by the Estate of Margaret Ekelund (the “Ekelund Estate”), to file a complaint to determine dischargeability under Bankruptcy Code § 523. The Debtors, J. Colin and Norma Dawson, object on the ground that the time for filing such complaints has elapsed pursuant to Fed.R.Bankr.P. 4007(c). The pertinent facts are as follows: On November 6, 1991, th...
Views: 0
MEMORANDUM OPINION ON TREATMENT OF RETAINERS I. Statement of the Issue. Debtor’s counsel has moved for reconsideration of an order that prohibited counsel from using a retainer before it had been earned and before the fees to which the retainer would be applied had been approved by the court. In denying reconsideration, the court concludes it is not proper for Debtor’s counse...
Views: 1
On April 20, 1993, the Debtor, William T. Connelly, (the “Debtor”) filed a petition initiating a Chapter 13 case (the “1993 Case”). On July 6, 1993, the Court entered an Order denying confirmation of the Debtor’s proposed Chapter 13 plan and dismissing the case pursuant to the provisions of Section 109(g)(2).1 Pursuant to Rule 8005, the Debt- or has requested a stay of a rescheduled mortgage forec...
Views: 0
*239 MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court in this adversary proceeding is the objection of James L. Glenn (“Plaintiff’) to discharge of certain debts claimed to be owed to Plaintiff by the Defendant Clifford D. Hrim (“Debtor”). This adversary proceeding was commenced pursuant to Bankruptcy Code § 523(a)(4) and (6) (11 U.S....
Views: 0
MEMORANDUM OF DECISION This Court has jurisdiction to hear and determine this matter as a core proceeding under 28 U.S.C. § 157(b)(l)(2)(B) and the general reference to this Court by the United States District Court for the southern District of Florida. This Memorandum of Decision constitutes findings of fact and conclusions of law under Rule 52 F.R.Civ.P. made applicable by Rule 705...
Views: 0
*485 MEMORANDUM This matter is before the Court on the petition of Daikon Shield Claimant Patricia Sanders, pro se, to compel the Daikon Shield Claimants Trust (“Trust”) to schedule a settlement conference. For reasons given below, the Court should deny the petition. Claimant Sanders refused an Option 3 settlement offer in March, 1992, after which the Trust sent her forms for selecting either AD...
Views: 0
MEMORANDUM This matter is before the Court on the motions of six Dalkon Shield Claimants to compel the Daikon Shield Claimants Trust (“Trust”) to schedule their settlement conferences. The same attorney represents all six Claimants and filed these motions simultaneously on June 14,1993. All six Claimants rejected the Trust’s initial offer and opted for in-depth review and settlement of their cla...
Views: 0
ORDER UPON the Summons and Complaint of Plaintiff, John F. Seheffel, the trustee duly appointed in this Chapter 11 case (“Trustee”), dated June 3, 1991; the Answer of Defendant, New York State Department of Taxation and Finance (the “Tax Department” or “Defendant”), dated September 4, 1991; the Notice of Motion dated September 20, 1991, sworn to September 21, 1991; the annexed Affidavit of John...
Views: 0
MEMORANDUM OPINION ON OBJECTIONS TO FIDELCOR SECURED CLAIM I. The Issue. The principal issue presented for decision is whether an oversecured creditor is entitled to collect a prepayment charge calculated according to a contractual formula, after the creditor has foreclosed. Debtors, the Chapter 7 Trustee, Sovran Bank/Maryland (Sovran) and John F. Smith object to, and move fo...
Views: 1
MEMORANDUM OF DECISION This Court has jurisdiction over this core proceeding under 28 U.S.C. § 157(b)(l)(2)(I) and the General Order of Reference of the United States Bankruptcy Court for the Southern District of Florida. This Memorandum of Decision constitutes findings of fact and conclusions of law issued under FR Civ.P. 52 as made applicable under Rule 7052 of the Federal Rules of...
Views: 0
MEMORANDUM OF DECISION This Court has jurisdiction over this core proceeding under 28 U.S.C. § 157(b)(1), (2)(I) and the General Order of Reference of the United States Bankruptcy Court for the Southern District of Florida. This Memorandum of Decision constitutes findings of fact and conclusions of law issued under F.R.Civ.P. 52 as made applicable under Rule 7052 of the Federal Rules...
Views: 0
OPINION DETERMINING NON-DISCHARGEABILITY UNDER § 523(a)(4) ONLY Facts and Background This is a non-dischargeability action under 11 U.S.C. §§ 523(a)(2)(A), (a)(4) and (a)(6) brought by Michigan Steel Erectors, Inc. (“plaintiff”) against debtor Darrell Dean Crane (“debtor”) who was the principal owner and operating officer of Crane Welding and Fabricators, Inc. (“Crane Welding”). In connecti...
Views: 1
OPINION DETERMINING DEBT TO BE DISCHARGEABLE Andrea Phillips (“debtor” or “defendant”) leased a 1985 four-door Chrysler New Yorker from Rochester Hills Chrysler Plymouth (“plaintiff”) on December 17, 1985. Defendant was required and did provide proof of insurance for the vehicle to plaintiff as an interested party, and apparently did do so for a while. The lease provided for payments of T...
Views: 0
ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTIONS THIS IS a Chapter 7 case and the matter under consideration is an Objection to Claims of Exemptions filed by the Trustee, Diane Jensen (Trustee). The facts relevant to the resolution of this controversy as they appear in the record are as follows: On November 2, 1992, Ernest Pomar (Debtor) filed his Petition for Relief under Chapter 7 of the...
Views: 0
ORDER GRANTING DEBTORS’ MOTION TO AMEND Before the Court is the Debtors’ motion to amend their plan and the objection of The Farmer’s Bank of Springfield to that motion. This Court held a hearing on October 26, 1992. The Debtors filed their Chapter 13 case on April 30, 1992. The Bank filed a motion for relief from the automatic stay on May 22, 1992 to enforce their lien against the Debtors’ a...
Views: 0
ORDER This matter comes before the Court on the motion of the Chapter 7 Trustee for a conditional closing of the bankruptcy file and the motion of the Debtors for leave to amend their bankruptcy schedules. The above-captioned cases all involve identical issues; therefore, the Court will resolve the matters in one opinion. James J. Dai-ley appeared for the Debtors. Mark Hal-verson appeared...
Views: 0
ORDER In this Chapter 13 case, the Chapter 13 Trustee objects to confirmation of the Debtors’ second Amended Chapter 13 Plan (“Plan”), filed December 10, 1992, on the grounds that the Plan seeks to pay alleged “allowed secured claims” of First Security Bank, for which Proofs of Claim have not been filed and that the Debtors improperly claim a homestead exemption in real property belonging...
Views: 0
OPINION ON COMPLAINT TO RECOVER A PREFERENCE STATEMENT OF THE CASE Donald M. Martin filed a Chapter 11 on January 5, 1990. The case converted to Chapter 7 on December 10, 1990. Von G. Memory was appointed Trustee in the Chapter 7 case on December 11,1990. C & C Land Corporation was filed as an involuntary Chapter 7 on April 11, 1990, was converted to Chapter 11 on May 31, 1990, and was thereaft...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER FINDINGS OF FACT This matter comes before the Court on the Debtor’s objection to the claim of Tower Medical on the grounds that the claimant did not file its proof of claim timely. Claimant argues that it filed an informal proof of claim and that its subsequent formal filing should be deemed either an amendment of the timely filed informal claim or as ...
Views: 0
DECISION ON MOTION FOR AN ORDER AUTHORIZING COMMENCEMENT OF ACTION AGAINST DEBTOR Metromedia Company (“Metro”) and John W. Kluge (“Kluge”), creditors of the Chapter 11 debtor, William Denis Fugazy, have moved pursuant to 11 U.S.C. §§ 1103(c)(5) and 1109(b) for an order authorizing them to prosecute certain claims, at their own cost and expense, on behalf of *104 the debtor’s ...
Views: 2
MEMORANDUM OPINION This matter comes before the Court on the Objection of The First National Bank In Amboy (“Bank”) to the Debtor’s Claim of Exemptions. Bank is represented by Attorney Douglas E. Lee. The Debtor is represented by Attorney Linda A. Giesen. The Trustee, Bernard J. Natale, is represented by Attorney Jamie J. Cassel. The Debtor agrees that a gas welder and eight air jack stands a...
Views: 0
MEMORANDUM OPINION FACTS On December 12, 1991, The Debtor obtained a loan from Mercury Finance. As security for the debt, he executed a voluntary wage assignment in favor of Mercury Finance. Upon default, Mercury Finance sought to enforce the terms of the wage assignment by filing a Notice of Intent and a Demand for the Wages upon his employer, Warner Lambert. In compliance with the demand, W...
Views: 0

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