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All Reporters → bankr-lexis → Volume 1996

Opinions in bankr-lexis Volume 1996

ORDER This matter comes before the Court on an Objection to Proof of Claim by Archibald Bernard (hereinafter “the Debtor”). The Debtor brings this objection in opposition to the bankruptcy claim of World Savings and Loan (hereinafter “World”) and, as such, the matter forms a core proceeding for the Court’s determination. See 28 U.S.C. § 157(b)(2)(A), (B) & (O). The Court ba...
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DECISION ON DEBTORS’ MOTION FOR AN ORDER APPROVING DEBTORS’ REJECTION OF CERTAIN AGREEMENTS Spectrum Information Technologies, Inc. (“Spectrum”) together with two of its wholly owned subsidiaries (collectively the “Debtors” and hereinafter referred to interchangeably as “Spectrum” and “Debtors”) as debtors and debtors-in-possession, move for an order of this Court pursuant to section ...
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OPINION PROCEDURAL BACKGROUND This matter comes to the court as a hearing on the objection of Bridgepoint Nurseries, Inc. (“debtor”) to a proposed settlement of controversy between the chapter 7 trustee and Amboy National Bank (“Amboy”). John Bracaglia, the chapter 7 trustee, filed a notice with this court in order to settle a controversy between Amboy and debtor. Pursuant to th...
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ORDER GRANTING FINAL SUMMARY JUDGMENT AGAINST BELLOMY LAWSON THIS MATTER came before the Court on July 27, 1995, on Plaintiffs motion for Sum*466mary Judgment against the Defendants Her-rol W. Bellomy and Agnes E. Bellomy as Trustees under the Herrol W. Bellomy Trust Agreement dated December 15, 1987, as amended; Agnes E. Bellomy and Herrol W. Bellomy as Trustee under the Agnes E. Bel-lomy Trust...
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MEMORANDUM OF DECISION This Chapter 7 case is before the court on the motion of the United States Trustee for dismissal, pursuant to Section 707(b) of the Bankruptcy Code (Title 11, U.S.C.). The motion asserts that to grant bankruptcy relief to the debtors would be a substantial abuse of the provisions of Chapter 7 of the Bankruptcy Code — on the sole ground that the debtors have sufficie...
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ORDER The Chapter 7 trustee and certain creditors joined to file this adversary proceeding against the above-named defendants to recover allegedly transferred assets. Defendants object to the inclusion of creditors as party plaintiffs, and to the trustee’s choice of counsel. FACTS The debtor, Adam Furniture Industries, Inc. (“Adam Furniture”) was incorporated in 1983 in ...
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AMENDED MEMORANDUM OPINION AND ORDER INTRODUCTION The issue raised in this motion for relief from the automatic stay is the reasonableness of a Chapter 13 trustee’s policy of holding proceeds of checks received from employers of debtors for ten (10) days before disbursement to creditors. JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 1...
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MEMORANDUM ORDER This proceeding came on for trial on November 13, 1995, on the plaintiffs motion to avoid certain transactions between it and the defendants. The defendants counter-claimed for breach of contract damages, costs and attorneys’ fees. Stephen L. Wilson and Thomas J. Lallier appeared for the plaintiff; Michael D. Schwartz and David E. Wandling appeared for the defendants. This co...
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AMENDMENT TO CONCLUSIONS OF LAW ENTERED ON PLAINTIFF’S MOTION TO AMEND JUDGMENT Introduction On May 1, 1987, Pullman Construction Industries, Inc. and three wholly-owned subsidiaries (collectively “Pullman” or “Debtor”) filed petitions for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Their cases were jointly administered. Pullman administ...
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190 B.R. 903 (1996) In re Baruch TWERSKY, Debtor. GRAND PROMENADE, a Limited Partnership, Plaintiff, v. Baruch TWERSKY, Defendant. Bankruptcy No. LA94-17633TD. Adv. No. 95-01323TD. United States Bankruptcy Court, C.D. California. January 5, 1996. *904 *905 Robert D. Hillshafer, Schimmel, Hillshafer & Loewenthal, Sherman Oaks, CA, for plaintiff. Alexander Ribakoff, Irvine, CA, for defendant. ...
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190 B.R. 1001 (1996) In re SPIERS GRAFF SPIERS, an Illinois partnership, Debtor. SPIERS GRAFF SPIERS, Plaintiff, v. Phyllis MENAKO, Defendant. Bankruptcy No. 93 B 09928. Adv. 95 A 00113. United States Bankruptcy Court, N.D. Illinois, Eastern Division. January 2, 1996. *1002 *1003 *1004 MEMORANDUM OPINION JACK B. SCHMETTERER, Bankruptcy Judge. The Debtor-Plaintiff Spiers Graff Spiers ("SGS" or ...
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OPINION The debtor, after entering into a contract to sell her residence, filed for bankruptcy relief and claimed her deceased husband’s homestead exemption as well as her own *857 homestead exemption under Illinois law. The trustee objected to this double claim of exemptions, contending that despite the debtor’s status as a surviving spouse, she is limited under Illinois...
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MEMORANDUM OPINION This matter is before the Court on a complaint filed by the plaintiff, Dana Federal Credit Union (hereinafter “Dana”), seeking a determination by this Court that the discharge of the debtor/defendant, Douglas R. Holt (hereinafter the “debtor”), is due to be denied pursuant to 11 U.S.C. § 727(a)(4)(A), (5). The trial in this matter was held on the 13th day of December, 1995. A...
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DECISION DECLARING DEBT NON-DISCHARGEABLE PURSUANT TO 11 U.S.C. § 523(a)(2)(B) Before the Court is an adversary proceeding in which the Plaintiff, European American Bank (“EAB”) seeks a determination that a debt of $319,479.03 including interest arising from the personal guaranty of a corporate line of credit by Margaret Launzel-Pennes, (the “Debtor”) be deemed non-dis-chargeable pursuant...
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190 B.R. 342 (1996) In re FLORLINE CORPORATION, Debtor. John J. PETR, Trustee, Plaintiff, v. Robert J. WHEELER, Defendant. Bankruptcy No. 93-3384-RLB-7A. Adv. No. 95-19. United States Bankruptcy Court, S.D. Indiana. January 10, 1996. *343 Michael J. Tosick, Greenfield, IN, for Defendant. John J. Petr, Trustee/Plaintiff, Indianapolis, IN. OPINION LARRY L. LESSEN, Bankruptcy Judge. Before the Cour...
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OPINION This case involves the soybean seed industry and the production of soy bean seed (soybean seed). The industry background is as follows. A developer develops a particular variety of soybean seed (foundation seed). The developer then licenses the rights to reproduce the foundation seed and the right to market the reproduced seed to a dealer. The developer also supplies the foundation seed t...
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OPINION The Debtors’ original motion raises two basic issues. First, whether Twin Mill Investments (CREDITOR) should be compelled to accept the payments made, and being made, by the Debtors through their confirmed Chapter 13 plan towards delinquent 1991 and 1992 real estate taxes on their residential real estate? Second, did the CREDITOR violate § 362 of the Bankruptcy Code, 11 U.S.C. § 362, by...
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OPINION The matter presently before the Court is the Plaintiffs motion for partial summary judgment on Count I of his complaint brought under § 548(a)(1) of the Bankruptcy Code, 11 U.S.C. § 548(a)(1), alleging payments made by the Debtor to the Defendant were fraudulent conveyances in that they were made with actual intent to hinder, delay or defraud creditors. The basic facts giving rise to this...
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190 B.R. 842 (1996) In re Michael R. SPARKS, Debtor. Bankruptcy No. 92 B 21692. United States Bankruptcy Court, N.D. Illinois, Eastern Division. January 18, 1996. David A. Weininger, Chicago, IL. Mitchell M. Iseberg, Chicago, IL. Jeffrey Hynes, Adelman, Adelman & Murray, Milwaukee, WI. David J. Lynam, Barrington, IL. Cynthia G. Swiger, Chicago, IL. Michael L. Gesas, Gesas, Pilati & Gesas,...
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ORDER ON UNITED STATES TRUSTEE’S MOTION FOR EXAMINATION OF TRANSACTIONS WITH DEBTOR’S ATTORNEY THIS IS the yet to be confirmed Chapter 11 case of Cupboards Inc., (Debtor), and the *970 matter under consideration is a Motion for Examination of Transactions with the Debt- or’s Attorney, Michael H. Merrill and G. Edward Goff, filed by the United States Trustee (U.S. Trustee). At a duly notic...
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ORDER ON UNITED STATES TRUSTEE’S OBJECTION TO PROPOSED DISTRIBUTION AND TRUSTEE COMPENSATION THIS IS a Chapter 7 liquidation case and the matter under consideration is an Objection filed by the United States Trustee challenging the “Proposed Distribution and Trustee Compensation.” In his Proposed Distribution, the Chapter 7 Trustee, V. John Brook, Jr. (“Trustee”), seeks to pay, as part of the...
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190 B.R. 972 (1996) In re Bernard M. CHAMBERLAND, Julie Chamberland, Debtors. Bankruptcy No. 95-07675-7. United States Bankruptcy Court, M.D. Florida, Tampa Division. January 10, 1996. *973 Robert C. Hill, Ft. Myers, FL, for debtors. Diane L. Jensen, Trustee, Ft. Myers, FL. ORDER ON DEBTORS' MOTION FOR CERTIFICATION OF FRAUDULENT, UNFAIR & DECEPTIVE ACTS BY BANKRUPTCY PETITION PREPARER PURSUA...
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ORDER ON TRUSTEE’S REQUEST FOR EXAMINATION OF TRANSACTIONS WITH DEBTOR’S ATTORNEY AND G. EDWARD GOFF THIS IS Chapter 7 case and the matter under consideration is a Request for Examination of Transactions with Debtor’s Attorney and G. Edward Goff, filed by Diane Jensen, the Trustee (Trustee), concerning fees paid by Knights Groceries, Inc., (Debtor). This case resembles In re Cupboards Inc., ...
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MEMORANDUM OF DECISION This Chapter 13 case is before the court on a motion of the debtor’s employer, seeking vacation of a preconfirmation wage deduction order. For the reasons set forth below, the motion is denied. Jurisdiction The pending motion raises a question concerning the administration of a bankruptcy estate, a matter arising in a case under Title 11, U.S.C., the Bankruptcy Code (...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE came on for hearing with due notice on Motions for Summary Judgment; the first filed by both John Damon Shedd and his wife, Michelle Lisa Shedd (Debtors), and the second by the United States of America (Government), the Defendant named in the above-captioned adversary proceeding. The Debtors’ Complaint sought a determination by this Cou...
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MEMORANDUM ENDORSEMENT OF DEBTOR’S MOTION FOR, INTER ALIA, STAYING THE RECEIVER FROM VIOLATING THE AUTOMATIC STAY The following constitutes this court’s amplification of the bench ruling rendered at the hearing held January 11,1996: The instant motion (the “Motion”) and related adversary proceeding, filed by the Debtor on February 1, 1995, requests this court to find the Official...
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MEMORANDUM DECISION DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT Inez Tillman (“Tillman” or “plaintiff’) commenced this litigation seeking judgment declaring her $30,158.08 unsecured claim against C. Vernon Mason (“debtor”) non-dischargeable under § 523(a)(4) of the Bankruptcy Code (“Code”). The matter before us is Tillman’s cross motion pursuant to Fed. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION OF REGAL INTERNATIONAL TO DISMISS FOR LACK OF PERSONAL JURISDICTION This Adversary relates to the bankruptcy proceeding filed by Schwinn Bicycle Co. and various related entities (collectively “Debtor” or “Schwinn”) under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Schwinn’s liquidating Plan was confirmed on Oc...
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*161 ORDER The matter being considered here is the application of Fredrich J. Cruse (hereinafter, “Disbursing AgentyTrustee”) for authority to retain a professional person after confirmation of a Chapter 11 Plan of Reorganization, and the objections thereto by James Klund, Virginia Howdeshell, and certain creditors represented by the law firm of Vincent D. Vogler and Associates. These determinat...
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MEMORANDUM OF OPINION ON EXEMPTIONS The issue before the court is whether various items of personal property used by the Debtor in the operation of her restaurant are entitled to the “tools of the trade” exemption under Texas law. This court finds that these items may be claimed as exempt. 1 FACTS Maggie Marie Baldowski (Debtor) filed for relief under Chapter 7 of the Ba...
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MEMORANDUM OPINION Plaintiff FCC National Card, dba First Card, (“First Card”) filed this adversary proceeding to determine the dischargeability of an obligation in the amount of $6,824.50 incurred by debtor/defendant Shirley Willis (“debtor”). 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 1...
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DECISION AND ORDER ALLOWING DEBTORS’ CLAIM OF EXEMPTION IN POST-PETITION ARBITRATION AWARD This matter is before the court to determine the extent to which a post-petition arbitration award arising from a personal injury claim of Rebecca K. Turner and Charles Turner (“debtors”) is exempt under Ohio law. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference ...
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DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter comes before the court as an adversary proceeding brought by the Chapter 7 Trustee (“Plaintiff’ or “Trustee”) of the estate of Robert B. Smith (“Debtor”) to recover a preferential transfer pursuant to section 547 of the Bankruptcy Code (“Code”). The defendant in this case, Valerie Schretter (“Defendant”), seeks an order for summary j...
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ORDER This matter is before the Court on the motion filed by Toyota Motor Credit Corporation (Toyota) requesting that the Court reconsider its order entered on November 29, 1995, in which the Court directed that insurance proceeds on destroyed collateral be distributed to pay Toyota’s secured claim in full, pay $400 to the Chapter 13 Trustee, and pay the remaining balance to the debtor. The C...
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OPINION AND ORDER [Nature of Proceeding: Trustee’s Objection to Exemptions] The Trustee has filed an objection to the exemption claim of the Debtors. The Debtors have attempted to exempt a tax deferred annuity contract with the Variable Annuity Life Insurance Company (“VALIC”) with a value, as of filing, of Twenty-Four Thousand Five Hundred Seventy-Nine and 67/100 Dollars ($24,579.67). Th...
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ORDER DENYING SUMMARY JUDGMENT Defendant Sagaz Industries, Inc. (Sagaz) filed a motion for summary judgment to which plaintiff American Freight System, Inc. (AFS) objected. In this adversary proceeding, AFS seeks to recover from Sagaz, more than $70,000 on 337 shipments of freight in 1986 and 1987. Sagaz characterizes AFS’s claim as one for “undercharges.” AFS calls its claim one for “undercharg...
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190 B.R. 639 (1996) In re Warren B. SIEGAL and Alexandra Siegal, Debtors. Dain K. CALVIN and Clayton W. Plotkin, Movants, v. Warren B. SIEGAL and Alexandra Siegal, Respondents. Bankruptcy No. B-93-6932-PHX-CGC. United States Bankruptcy Court, D. Arizona. January 12, 1996. Jim D. Smith, Yuma, AZ, for Debtors. David Engelman, David Wm. Engelman, P.C., Phoenix, AZ, for Dain K. Calvin and Clayton W. ...
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*714 MEMORANDUM OF DECISION In this Chapter 7 case, Burton Shiro and the firm of Shiro and Shiro (collectively “Shiro” or “Attorney Shiro”) seek compensation for pre-conversion services rendered as debtors’ Chapter 11 counsel. As was the Chapter 11 case itself, the fee application is shot through with disabling inadequacies. For the reasons set forth below, all compensation w...
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ORDER DISMISSING CASE I. INTRODUCTION. Before the Court is a Motion to Dismiss filed by creditor Robert C. Russoli (“Russo-li”). Russoli claims that the Debtors, Snellen M. Johnson and Suzanne Johnson (“Debtors”), do not meet the eligibility standards to file Chapter 13, as set forth in Section 109(e), because their unsecured debts exceed the statutory maximum of $250,000.1 Russoli argues that at ...
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MEMORANDUM OPINION AND ORDER This matter comes on for consideration of the plaintiff Trustee’s motion for judgment against defendant garnishee Union Bank, f/d/ b/a California First Bank. The Trustee ap *190 pears by counsel J. Michael Morris. The defendant garnishee appears by counsel Robert E. Nugent. In its answer, the Bank asserted an intervening claim or alternatively...
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OPINION AND ORDER First Eastern Bank, N.A., now known as PNC Bank, (“Bank”), has filed a Motion for Relief against the Debtor seeking authority to pursue certain collateral of the Debtor including equipment and accounts receivables. The Debtor opposes relief from the automatic stay as does the Internal Revenue Service, a creditor of the estate that maintains that it has a security interest in r...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of S.N.A. Nut Company (“Debtor”) to Strike the Affirmative Defense and Dismiss the Counterclaim of Haagen-Dazs Company, Inc. (“Haagen-Dazs”). Debtor was engaged in the business of processing and selling various types of nuts. On March 24,1994, Debt- or filed a voluntary petition for relief under Chapter 11 of the Bankrupt...
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MEMORANDUM OPINION AND ORDER INTRODUCTION In this case, the Court must decide at what point a Chapter 7 trustee “commences distribution” to creditors within the meaning of 11 U.S.C. § 726(a)(1) 1 . JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the E...
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OPINION AND ORDER The facts of this litigation are not complex. Winifred F. Wood filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code on August 4, 1993. On the date of filing, she was the owner of a residential parcel of real estate situate at 109 East Ann Street, Milford, Pennsylvania, which her appraiser valued at One Hundred Seventy-Six Thousand Dollars ($176,...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court considers herein the objection of Mark W. Swimelar, Esq., Chapter 13 trustee (“Trustee”) to confirmation of the Chapter 13 plan of Anthony D. Delnero (“A. Delnero”) and Dawn M. Delnero (“D. Delne-ro”) (hereinafter jointly referred to as “Debtors”) filed on May 1, 1995, and subsequently modified on or about July ...
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ORDER This matter comes before the Court on two related motions. First, Harry M. League (hereinafter “the Plaintiff’) has presented the Court with a Motion for Summary Judgment on the dischargeability action which he has commenced against Eddie Lee Graham (hereinafter “the Defendant”). Also, U.S. Postamatic, Inc. and Herbert M. Schwartz (hereinafter collectively “the Third-Party Defen...
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MEMORANDUM OF DECISION Before the Court is the Debtor’s Objection to Claim of Yale Fall River Trust. The issue presented is the proper interpretation of 11 U.S.C. § 502(b)(6). 1 Specifically, the Court must determine whether postpetition rentals received by a landlord should be deducted from the landlord’s overall claim for damages or from the statutory cap imposed by § 502(b)(6). The quest...
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MEMORANDUM OF DECISION ON MOTIONS BY DEFENDANTS TO DISMISS THE CLAIMS FOR RELIEF IN THE ADVERSARY PROCEEDING FACTS 19 Court Street (“Court Street”), a limited liability company, filed a Chapter 11 petition on August 21,1995. In 1985, the Prince George Company (“Prince George”) was the owner of the premises known as the Prince George Hotel (the “Premises”). In 1985, Prince George...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court are the motions of Michael E. Collins, Esq. of the Office of the U.S. Trustee (“UST”) requesting that the Court impose penalties upon Patricia Dattolo (“Dattolo”) pursuant to § 110 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) (“Code”). The UST’s motion was interposed on May 18, 1995, in the three ea...
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ORDER On this 18th day of January, 1996, the Plaintiff’s Motion for Summary Judgment and Defendant’s Response came on for consideration. Both parties agree that there are no disputed facts. The only dispute is whether the debt is dischargeable. After a review of the above-referenced pleadings, this Court does hereby enter the following findings and conclusions in conformity with Rule 7052, Fed.R...
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MEMORANDUM OF DECISION I. Introduction This case was originally commenced as a Chapter 11 case in 1987. The debtor immediately requested appointment of a trustee, and William B. Grover was appointed Chapter 11 trustee. He labored with the ease for over two years, dealing with many problems including serious environmental issues. The case was converted to Chapter 7 on his motion in 19...
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*825 FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendants Marc Tomlinson, Vearl Sneed, Mats Larsson, and Larry Neese (collectively, “Defendants”) filed proofs of claim in the bankruptcy case of Basin Resources Corporation (“Debtor”). John James Jenkins, Chapter 7 Trustee (“Trustee”) for the Debt- or, filed this proceeding to subordinate the claims of these Defendants, pursuant ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on NationsBank’s Motion For Relief From Stay and LDN Corporation’s Motion to Use Cash Collateral. An evidentiary hearing was held on both motions on November 22,1995. The parties have subsequently submitted briefs and reply briefs. FACTUAL BACKGROUND LDN Corporation (“LDN”) is the owner and operator of the Quality I...
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*393 MEMORANDUM OPINION ON COMPLAINT FOR INJUNCTIVE RELIEF AND FOR ENFORCEMENT OF AUTOMATIC STAY The Chapter 13 debtors, Abraham and Edna Friend, filed their present chapter 13 case on August 11, 1995. This was their fourth filing, and the third chapter 13 case, number 94-21606, contained an Order, known by bankruptcy practitioners as a “drop dead” Order, entered on March 29, 1994. The “drop ...
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ORDER RE: PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding came on before the Court on September 22,1995, for hearing on the parties’ cross-motions for summary judgment. The Plaintiff appeared by his attorney, Eric L. Crandall. The Defendant appeared by Janette K. Brimmer, Assistant Attorney General. Upon the stipulation of facts submitted by the parties and the memo-randa ...
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MEMORANDUM OPINION 1 This dispute centers on the bankruptcy court’s power to hear and determine competing rights to a statutory trust. Congress created the trust by amending the Perishable Agricultural Commodities Act (“PACA”), a statute that has regulated merchants, dealers, and brokers of perishable commodities in interstate commerce since its enactment in 1930. 2 ...
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MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT FILED IN TWO ADVERSARY PROCEEDINGS AND ON TRUSTEE’S OBJECTIONS TO DEBTOR’S ADMINISTRATIVE CLAIMS Before the Court are three motions for summary judgment and the responses filed thereto by the debtor, who is also the defendant in the two adversary proceedings. Because the resolution of the three motions involve the same or related issues o...
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MEMORANDUM OF DECISION On December 11, 1995, this court heard argument on the motion brought by S.B. Power Tool, a division of Robert Bosch (“S.B. Power”) for partial judgment on the pleadings pursuant to Federal Rule of Bankruptcy Procedure 7012 dismissing certain counts of the complaint 1 filed by Duke Salisbury, the chapter 7 trustee (“Trustee”) of debtor Industrial Freight ...
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INTRODUCTION This matter is before the court on motions to dismiss three adversary complaints seeking to recover tax payments to (1) the Illinois Department of Revenue, (2) the Illinois Department of Employment, and (3) David D. Orr (“Orr”) and Edward J. Rosewell (“Rose-well”).1 The complaints allege that the tax payments were either preferential transfers, avoidable under §§ 547 and 550 of the B...
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MEMORANDUM OPINION On November 13, 1995, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Capital Services, Inc., and Merrill Lynch Money Markets, Inc. (collectively “Merrill Lynch”) filed a motion to dismiss (the “Motion”) the second amended complaint (the “Complaint”) filed by the County of Orange (the “Coun...
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MEMORANDUM ON DUDLEY W. TAYLOR’S MOTION TO DISMISS INVOLUNTARY PETITION AND JOHN F. MILLER’S MOTION FOR LEAVE TO INTERVENE IN MOTION TO DISMISS INVOLUNTARY PETITION This involuntary case was initiated under Chapter 7 with the filing of an Involuntary Petition against Taylor & Associates, L.P. on November 13, 1995, by James S. Bush, a creditor asserting a $300,000 claim grounded on “[i...
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ORDER The objection of reorganized debtor Circle K Corporation (“debtor”) to the amended final fee application of Houlihan, Lokey, Howard & Zukin, Inc. (“Houlihan”) was submitted for decision. Document 17969, filed Aug. 22,1995. The Court is personally familiar with the services provided by the applicant investment banking firm and has no difficulty in concluding such services benefi...
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MEMORANDUM OPINION This matter comes before the Court on the first interim allowance of compensation and *745 expense reimbursement filed by William L. Needier & Associates, Ltd. (“Needier”) attorney for Spanjer Brothers, Inc. (“Spanjer”) and Letterfab, Inc. (“Letterfab”) (collectively the “Debtors”), and on the final application for allowance of compensation filed by Jam...
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OPINION Introduction. Before the Court is the request of the above Chapter 11 Debtor, Duval Manor Associates (“Duval” or “Debtor”) for confirmation of its first amended plan of reorganization. Confirmation is vigorously opposed by the Debtor’s sole secured creditor, John Hancock Mutual Life Insurance Company (“John Hancock”), which in turn renews a Motion for Relief from the ...
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MEMORANDUM DECISION REGARDING MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL LEASE The debtor has moved to extend the time within which to assume or reject its nonresidential real estate lease. Its Landlord maintains that the debtor cannot assume the lease because it terminated prepetition. This issue requires us to consider the apparent conflict between Orion Pictures Cor...
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MEMORANDUM OPINION This is the court’s decision on a motion for relief from the automatic stay. This court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and § 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2)(E). The following will constitute the court’s findings of fact and conclusions of law. FINDINGS OF FACT On October 11, 1994, a final judgment ...
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MEMORANDUM OPINION The Court has before it a contested matter in which the debtor-movant, Stafford’s in the Fields, Inc. (“Debtor”), objects to a proof of claim, as amended, filed by Respondents, William E. and Carol C. Beggs (“Beggs”). The Beggs’ proof of claim incorporates by reference certain allegations included in a *31writ of summons filed in the Carroll County Superior Court seeking dama...
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MEMORANDUM OF DECISION The City of Riverside (“Riverside” or the “City”) filed a motion for an order determining that the police and regulatory power exception to the automatic stay applies to the City’s review and termination of its solid waste contracts. Debtor National Environmental Waste Corporation (“Newco”) opposed the motion on the ground that the City’s action was void and not sub...
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DECISION REGARDING MOTION TO REOPEN The above-captioned debtors (the “Debtors”) filed a Motion to Reopen their no-asset Chapter 7 case on the grounds that a creditor was omitted from Schedule F of their petition. In the affidavit attached to their motion, the Debtors explain that a creditor, who was unknown to them at the time of their bankruptcy filing, sued them in state court subsequent to...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the “Motion To Reopen Case” filed by the Debtor, Lee Whitten (the “Debtor”). The Debtor seeks a determination of whether his condominium common area fee obligation was discharged in bankruptcy, as well as an order holding the Governor’s Park Condominium Trust (the “Trust”) in contempt for its attempts to collect the condominium fees. T...
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AMENDED MEMORANDUM DECISION The United States Department of Health and Human Services (“HHS”), which through its component, the Health Care Financing Administration (“HCFA”), administers the Federal Health Insurance for the Aged and Disabled program (“Medicare”), moves this Court for an order that it may apply outstanding payments for pre-petition claims submitted by the Debtor to reduce ...
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OPINION OVERVIEW Nancy Jo Rettig (“Ms. Rettig”), a creditor of the debtor, appeals a judgment holding the debtor not liable for fraud or defalcation while acting in a fiduciary capacity under 11 U.S.C. § 523(a)(4). 2 The panel is without jurisdiction to reach the merits, however, because of an unresolved motion below. We REMAND. FACTUAL BACKGROUND AND PROCEEDINGS...
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ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT BY DEFAULT This adversary proceeding came on for consideration of the plaintiffs motion for judgment by default. The file reflects that the plaintiff filed this adversary proceeding on July 14, 1995. The proceeding seeks a determination that a credit card indebtedness be excepted from the Chapter 7 debtor’s discharge pursuant to the provisions of Sec...
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OPINION AND ORDER DISMISSING CLAIMS, DROPPING DEFENDANTS AND DIRECTING DEBTOR TO SHOW CAUSE WHY OTHER DEFENDANTS SHOULD NOT BE DROPPED This matter is before the Court on William Cofrancesco’s (the “Debtor”) complaint which seeks to discharge certain of the Debtor’s student loan obligations as an “undue hardship” under 11 § 523(a)(8). The Court finds that the Debtor’s claims against defendants One...
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OPINION AND ORDER CONVERTING CHAPTER 11 CASE TO CASE UNDER CHAPTER 7 This matter came on for hearing on the Court’s own motion as to why the chapter 11 case of ABEPP Acquisition Corp., dba Abbott & Company (the “DIP”) should not be converted to a case under chapter 7 or dismissed pursuant to § 1112(b). Upon consideration of the evidence adduced at the January 10, 1996 hearing on this matt...
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ORDER AWARDING INTERIM COMPENSATION Before the Court is the Application of Richard A. Lee, Esq., attorney for Trustee, for interim compensation in the amount of $11,985.50 for services rendered during the period March 1, 1995 through August 31, 1995, and for reimbursement of expenses of $634.24. Upon consideration of the Application and the Objection filed by the United States Trustee,1 it is O...
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ORDER DISAPPROVING TRUSTEES’ NOTICES OF INTENT TO TRANSFER DEBTORS’ EXPECTANCY INTEREST *280 The Trustee 1 in each of the above captioned bankruptcy cases has filed a Notice of Intent to Transfer the Debtors’ tenancy by entirety life expectancy interest to Rhode Island Depositors Economic Protection Corporation (DEPCO), each for $5,000. Both Debtors object. Because these cases are factual...
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ORDER ON MOTION FOR RECONSIDERATION On October 23, 1995, a confirmation hearing was held in this case. At the hearing the Court considered the objection to confirmation filed by Federal Credit Company (“Federal”). At the conclusion of the hearing the Court announced a decision which provided certain confirmation options to the Debtor to satisfy the claim of Federal. Following the *965 annou...
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ORDER DENYING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT Heard on December 19, 1995, on cross motions for summary judgment. The Trustee alleges that 100,000 shares of Great Bay Bankshares stock and 16,445 shares of Cheshire Financial Company stock that were transferred to the Debtor, post-petition, from the Debtor’s “employer,” NECO Enterprises, are property of the estate and should be turned over to...
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ORDER ALLOWING INTERNAL REVENUE SERVICE’S TARDILY FILED CLAIMS, AND GRANTING FIRST TIER PRIORITY STATUS Heard on December 28, 1995, on the Trustees’ Objections to two Internal Revenue Service Claims in the captioned Chapter 7 cases. Because the facts and legal issues are similar, the cases were consolidated for hearing. In dispute is the status, i.e., the allowa-bility and the priority to be ...
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OPINION AND ORDER DENYING MOTION FOR STAY PENDING APPEAL This matter is before the Court on Debt- or/defendant Ian David Abbo’s (the “Debt- or”) motion for stay of this adversary proceeding pending his interlocutory appeal to the United States Supreme Court of an order entered by the Honorable District Court Judge James Carr which order remanded this adversary to the Bankruptcy Court (the...
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MEMORANDUM OPINION This matter comes before the Court on motion of Empire Financial Services and Thomas & Howard Company (collectively “Movants”) to hold Murray and Judy Williams (collectively “Debtors”) in contempt for failure to comply with a Cash *499Collateral Order and for violating 11 U.S.C. § 363(c). This is a core matter within the meaning of 28 U.S.C. §§ 157(b)(2)(A) and (M). A hearing...
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DECISION AND ORDER DETERMINING DEBT TO BE DUE AND NONDISCHARGEABLE This adversary proceeding was heard on January 12,13, April 24, and May 22 and 23, 1995. The dispute is over a bill for travel services rendered more than seventeen years ago to Lucien Forbes by the Plaintiff (Q-Travel). It is alleged that Forbes owes the Plaintiff $26,402 and that, with interest, this debt had balloon...
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DECISION RE: OBJECTION TO CLAIM OF EXEMPTION IN m(k) PLAN Manufacturers Bank & Trust Co., Forest City (BANK) objects to debtor’s claim of exemption in a 401(k) plan with his employer. Trial was held on January 9, 1996 in Fort Dodge. David J. Siegrist, Esq. appeared for Bank; David M. Nelsen, Esq. appeared for debtor. This contested matter presents two issues: (1) whether debtor’s...
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ORDER ON MOTION FOR SUMMARY JUDGMENT REGARDING EXEMPTION LITIGATION This case came on for consideration on the Chapter 7 trustee’s motion for summary judgment (Document No. 145) with respect to his amended objection to debtor’s claim of exemption. I. Procedural status. The motion arises in the following way: The debtor filed an amended Schedule C in which he claimed certain of his personal prop...
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MEMORANDUM OPINION This matter comes before the Court on confirmation of Blake and Kimberly Thompson’s' (collectively “Debtors”) Chapter 13 plan of reorganization. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(L). The Court publishes the following findings of fact and conclusions of law in anticipation of a future hearing to be conducted in accordance with this mem...
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OPINION Before the court is the motion of Core-States Bank, N.A. (“movant”) requesting relief from the automatic stay and/or turnover of property (“motion”) in the possession of debtor, Edmond C. Murray (“debtor”). The issue presented is whether a document denominated “Motor Vehicle Lease and Disclosure Statement” (“Lease”) is in fact a “true lease” or alternatively, an installment pu...
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DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The present adversary proceeding is related to the debtors’ Chapter 7 bankruptcy case. The complaint asserts that the lien of defendant, Fifth Third Bank (“Bank”), on the defendant-debtors’ vehicle should be avoided based upon a preferential transfer under 11 U.S.C. § 547(b), or a violation of the automatic stay under 11 U.S.C. § 362(a)(4). Accordi...
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DECISION and ORDER (1) ON DEBTORS’ COMPREHENSIVE MOTION FILED OCTOBER 21, 1993, and (2) ON SUCCESSOR TRUSTEE’S MOTION FOR RELIEF FROM JUDGMENT Now before the court are (1) a comprehensive motion by debtors for relief which is more fully described below, and (2) a motion by the Successor Trustee in this Chapter 7 case for relief from judgment, also more fully described hereafter. Because there are...
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MEMORANDUM OPINION INTRODUCTION The chapter 7 Trustee has filed an adversary complaint virtually identical to a complaint filed pre-bankruptcy by the Debtor. That action was dismissed post-bankruptcy only because the Debtor’s attorneys had withdrawn and were not replaced by new counsel in the time required by a local rule. The issue here is whether that dismissal was “on the merits” and theref...
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MEMORANDUM OPINION This matter is before the Court for an opinion following a trial held upon the within adversary complaint. The central question is the dischargeability, pursuant to 11 U.S.C. § 523(a)(15), of certain debts as set forth in a property settlement agreement entered into between the parties on September 6, 1994. I. The defendant, Bennie Gerald Owens, filed a Petition under C...
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The mortgagee on debtor’s residence, Commercial Credit Corporation, moves for relief from the automatic stay, challenging debtor’s opportunity under 11 U.S.C. § 1322(c)(1) to cure arrearages on her home mortgage after a foreclosure judgment has been entered and a sheriffs sale has been held. FACTS Movant Commercial Credit Corporation and debtor entered into a mortgage agreement da...
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MEMORANDUM DECISION REGARDING THE VALIDITY OF DEFENDANT’S LIEN This adversary proceeding requires us to determine the nature and extent of a textile processor’s hen under North Carohna law. On the petition date, the defendant Hickory Finishing, Inc. (“Hickory”), held goods dehv-ered by the plaintiff, Ash Handkerchief Corp., d/b/a American Sock & Hosiery (the “debtor” or “Ash”), for proces...
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OPINION Before the Court is the Debtor’s Complaint against Defendant Golden National Mortgage Company. The Debtor is seeking to reduce the mortgage interest rate on post-petition payments over the sixty months of his proposed Chapter 13 plan. Golden National opposes the proposed interest rate reduction. The Court acceded to the parties’ request that it resolve this dispute based upon ...
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MEMORANDUM OPINION This matter comes on to be heard upon Debtor’s Motion to Disallow Claim of the Internal Revenue Service (“IRS”) pursuant to 11 U.S.C. § 502(a). A trial of the matter was held on July 13, and July 28, 1995. At the conclusion of the trial, the Court took the matter under advisement. The parties have submitted post-trial briefs on the issues. After consideration of the evidence pre...
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MEMORANDUM OPINION This matter comes before the Court on the complaint of Janet L. Taylor (“Janet”) pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a debt owed to her by the debtor, Joseph L. Taylor (“Joseph”). For the reasons set forth below, the Court holds that the debt is dischargeable under § 523(a)(15)(B). I. JURISDICTION AND PROCEDURE The Court has jurisdi...
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ORDER DETERMINING DEBT TO BE NONDISCHARGEABLE The Court believes this to be a case of first impression in Oklahoma. What the Court must decide is whether, under the Bankruptcy Reform Act of 1994, the Debtor has the ability to pay a Visa card debt to a nondebtor *888 spouse which arose from a divorce decree and whether the benefit to the Debtor of obtaining a discharge out...
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*865 MEMORANDUM OPINION This matter came before the court on the United States Trustee’s objection to fees generated by the debtor’s attorney. The U.S. Trustee takes the position that the Bankruptcy Code as amended by the Bankruptcy Reform Act of 1994 does not authorize the payment of these fees in a Chapter 7 case. The court may only award fees to the debtor’s attorney to t...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the complaints of two creditors to determine whether certain credit card debts incurred by the Debtor, Tanvir Alvi, are nondis-chargeable under 11 U.S.C. § 523(a)(2)(A). 1 The Plaintiffs presented their cases in full at a trial held December 7, 1995. After the Plaintiffs rested and before presenting his case in...
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MEMORANDUM OPINION This matter came before the court on the trustee’s motion to modify the debtor’s Chap *867 ter 13 plan. Upon review it is clear that the trustee seeks two court rulings. First, he asks the court to interpret the current confirmed plan. Second, if he prevails on the issue of interpretation he asks the court to modify that plan to increase the stated percentage to unsecured c...
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OPINION The Dodsons have filed an objection to the Internal Revenue Service’s proof of claim. The government claims priority status for 1984 income taxes as well as for certain FICA and withholding taxes for 1981, 1982 and 1985. Because the parties have insufficiently identified other issues surrounding the latter taxes the court at this time will address only the status of the income tax...
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DECISION ON MOTION TO ADMIT PAROL EVIDENCE This adversary proceeding concerns, inter alia, conflicting claims regarding a certain sale/leaseback transaction during which a deed for the fee of a parcel of real property, known as the Golden Pacific Building, located at 289-241 Canal Street, New York City, was granted by one of the plaintiffs to one of the defendants. The plai...
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MEMORANDUM DECISION Introduction The debtors, Peggy Kiesner and Roger and Iris Kiesner, brought identical adversary proceedings in each of their bankruptcy eases asking that this court determine taxes claimed owed by the IRS were discharged or, in the case of certain taxes owed by another entity, the debtors are not liable. The parties briefed the issues and presented ev...
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OPINION The Debtors commenced an adversary proceeding for a determination pursuant to 11 U.S.C. § 505(a)(1) that the debtor, Frederick J. Schwartz, is not a “responsible person” within the meaning of the New Jersey or United States tax statutes such that he could be hable for penalties associated with nonpayment of corporate trust fund taxes. The Internal Revenue Service (“IRS”) moved to dismis...
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MEMORANDUM OPINION ON CLAIMS FOR EQUITABLE SUBROGATION The controlling question for decision is whether an equitable subrogation claim against two guarantors who are husband and wife may reach property held by the guarantors as tenants by the entirety. If the answer is affirmative, two dependent issues must be resolved. First, among the several co-guarantors, how is the share of joint...
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OPINION This adversary proceeding concerns the dischargeability of student loans based upon alleged undue hardship. Cathryn R. Cove-ney (the “Debtor”) obtained student loans to assist her in pursuing a college education. The Texas Guaranteed Student Loan Corporation (“TGSLC”) guaranteed these loans. The Debtor defaulted on her student loans and TGSLC, pursuant to its guaranty, purchased the not...
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ORDER Defendants Oxford Construction Company, et al. have moved for reconsideration of the order of September 1, 1994, denying summary judgment. 1 Plaintiff/debtor Western Group Nurseries, Inc. (“WGN”) opposes reconsideration. The motion is denied. The defendants are limited partners of Arizona World Nurseries Limited Partnership (“Arizona World”). This litigation is one o...
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MEMORANDUM DECISION ON MOTION TO DISMISS COMPLAINT Herbert Construction Co., Inc. (“Herbert”) commenced this adversary proceeding against The Greater New York Savings Bank (the “Greater”) seeking to have the Greater’s mortgage lien subordinated to Herbert’s mechanic’s lien. Herbert maintains that its mechanic’s lien for construction work at the *87 building is entitled to...
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OPINION ON DEBTOR’S MOTION FOR APPROVAL OF COMPROMISE WITH THE DOW CHEMICAL COMPANY AND HOECHST MARION ROUSSEL, INC. Background The matter before the Court is a contested motion by the Debtor-in-Possession for approval of a settlement with the Dow Chemical Company and Hoechst Marion Roussel, Inc. involving those parties’ objections to the Debtor’s Motion for Approval of Settl...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW-AND ORDER This matter is before the Court on the motion of Michael E. Collins, Esq., Assistant United States Trustee (“UST”), filed on June 9,1995, to dismiss the filing of the Chapter 7 petition (“Petition”) of Joseph L. Vianese (“J. Vianese”) and Constance A. Vianese (“C. Via-nese”) (hereinafter jointly referred to as “Debtors”)....
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MEMORANDUM DECISION Debtor seeks to modify her Chapter 13 Plan to reduce the percentage of distribution to unsecured creditors, to nominally increase the plan payment by $75, all with the intent to allow completion of the plan within the sixty month maximum duration of a Chapter 13 plan. Most of the debt is unsecured, and debtor seeks to reduce the distribution from 100% to 46%, with no time re...
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MEMORANDUM OPINION ON REPORT OF SETTLEMENT AND EMERGENCY MOTION FOR RELIEF FROM STAY CAME ON for hearing on the 13th day of December, 1995, the Report of Settlement and Emergency Motion for Relief from Stay (“Motion”) filed by (1) Daniel Michael Kadin-go, by and through his next friend, Antonio Kadingo; (2) Jennifer Kadingo, individually; *665 and (3) Antonio Kadingo, ind...
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MEMORANDUM OPINION This case involves the chapter 13 debtor lessor’s rejection of a lease pursuant to 11 U.S.C. § 365(a) and the consequences of the rejection to the lessee. The debtor filed a complaint to require the defendant lessee to pay rent and also filed a motion objecting to the defendant’s proof of claim. Trial on the complaint and motion was held on October 11, 1995, at which ti...
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OPINION A INTRODUCTION This Opinion requires us to chronicle how DOLORES A. FRICKER (“the Debtor”), by her counsel, through inexplicable delays punctuated with obstinacy and bad manners, has frittered away decisions of this court setting aside the sale of her home and significantly reducing the principal claims against her. We are now compelled to dismiss the instant proceedi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon a Motion for Summary Judgment filed by Defendants, a Response to the Motion for Summary Judgment filed by Plaintiff, a Motion for Stay of Adversary Proceeding Pending Resolution of State Court Appeal filed by Plaintiff, and a Response to the Motion for Stay filed by Defendants. Plaintiff and Defendan...
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*849 MEMORANDUM DECISION Cap Libra Ventures (“CLV”), court-appointed real estate consultant to the debtor Auto Parts Club, Inc. (“APC”) submits its first and final application for approval of payment of professional fees and costs incurred during this chapter 11 ease. I. FACTS CLV was appointed as a real estate consultant for the debtor after making application pursuant...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTORS § 506(C) MOTION Introduction On October 25, 1994, Lunan Family Restaurants Limited Partnership (the “Debt- or”), an Illinois limited partnership, filed for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Thereafter, the Debtor continued to operate its business as debtor-in-possession, sellin...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Adversary proceeding relates to the bankruptcy proceeding of defendant Irene Vernon (“Defendant” or “Debtor”) filed by her under Chapter 7 of the Bankruptcy Code, Title 11 U.S.C. The Plaintiff law firm seeks to have her debt due to it found non-dischargeable under 11 U.S.C. § 523(a)(2)(A). Following trial, both sides having rested and ...
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MEMORANDUM OPINION The matters before the court are Debtor Eleanor C.K. Smith’s Petitions for Rule to Show Cause Why an Order to Mark Judgment Satisfied and Awarding Liquidated *398 Damages Should Not be Entered. For the reasons expressed below, the requests shall be denied. Facts The facts surrounding this matter and this debtor relate back a number of years. "While not all of the fa...
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The Chapter 7 trustee commenced this adversary proceeding to recover an allegedly preferential payment which a customer of the debtor made to the defendant from monies that would otherwise have become owed to the debtor. Contending that the payor was jointly liable for the underlying obligation, the defendant argues that that joint liability precludes a demonstration of the requirements for a pref...
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MEMORANDUM OPINION AND ORDER GRANTING RELIANT’S MOTION TO MARSHAL ASSETS The Court conducted a hearing on December 5, 1995, on The Rehant Group Limited Partnership’s (“Rehant”) Motion to Apply the Doctrine of Marshahng of Assets Against the FDIC, as Receiver for First American Bank and Trust as to the Rents and Profits Held by the Trustee and to Transfer Lien and to Require Disbursements of F...
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MEMORANDUM OPINION AND ORDER GRANTING, IN PART, MOTION TO DETERMINE AMOUNT OF U.S. TRUSTEE’S FEES Betwell Oil and Gas Company (“Betwell” or “Debtor”), the debtor in this Chapter 11 case, filed a Motion to Determine Amount of Trustee’s Fees (the “Motion”). The Motion seeks an order determining that certain payments made by the Debtor in the operation of its oil and gas business were not “disbu...
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*234 MEMORANDUM DECISION The senior secured creditor contends that this is a “single asset real estate” case and that the debtor must be held to the requirements of newly enacted Bankruptcy Code § 362(d)(3). This Court has jurisdiction to determine this matter pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District Court for the Southern Distri...
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MEMORANDUM OPINION This matter comes before the Court on the amended complaint of Richard Haeske (“Richard”) pursuant to 11 U.S.C. §§ 523(a)(2)(A) and (a)(6) to determine the dischargeability of a debt owed to him by the debtor, Mary Arlington (“Mary”), his former spouse. For the reasons set forth below, the Court holds that the debt is dischargeable under § 523(a)(2)(A), but is nondischargea...
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MEMORANDUM OPINION Michael R. Kennedy, Plaintiff, filed on March 3, 1995, a Complaint for Turnover of Property. Lane Foods, Inc., Defendant, and John Lane, Defendant, filed answers and counterclaims on May 3, 1995. Plaintiff filed on May 9, 1995, responses to the counterclaims. Plaintiffs complaint and Defendants’ counterclaims came on for trial on November 7, 1995. The Court, having ...
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OPINION After confirmation of a chapter 11 plan proposing to pay in full, with interest from confirmation, taxes which are nondischargeable under section 523(a)(1), is there a surviving debt for postpetition, preconfirmation interest? I hold this “gap” interest debt does not survive. Gary and Charlotte Heisson, husband and wife (the “Debtors”), filed a joint chapter 11 petition o...
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*240 OPINION, DECISION AND ORDERS RE CONTESTED MOTIONS HEARD JANUARY 12, 1996 In this chapter 7 case on January 6, 1996 the following matters came before the court and will be hereafter dealt with seriatim: I. Motion (oral) to change venue of Adversary case BK-N-95-3100 (Suzanne Nebeker v. David W. Watson.); II. Motion to Declare Utah State Divorce Decree Valid; ...
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OPINION Introduction. Before the Court is the Second Motion of Sumitomo Trust and Banking Co. Ltd., New York Branch, (hereinafter “Sumitomo”) for relief from the automatic stay (the “Motion”) Answers in opposition to the Motion were filed by the above Chapter 11 Debtor, Curtis Center Limited Partnership (hereinafter the “Debtor” or “Curtis Center”) and the Official Committee ...
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ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This adversary proceeding has been brought by the Plaintiffs, Judith A. Willman (“Debtor”) and Edith Folkerth (“Folkerth”), to set aside a trustee’s sale conducted by Fidelity National Title Insurance Company (“Fidelity”) to foreclose upon a lien in favor of Roy H. Peterson and Huguette Peterson (“Petersons”) at w...
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*254 ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION On September 19, 1995, Debtor filed his voluntary petition for relief under Chapter 7 of the Bankruptcy Code. On October 5, 1995, Debtor filed the required Schedule C— Property Claimed as Exempt, in which he claimed as exempt his homestead property located in the Putnam Heights Addition to Oklahoma City. According to Debtor...
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OPINION I After the debtor in possession’s counsel had submitted its interim application for compensation, the Panel reversed the order authorizing counsel’s employment. The Appellant now asks the Panel to reverse the order awarding compensation on the grounds that counsel was never properly employed, notice was inadequate and the description of services rendered was insufficient. ...
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OPINION ON CONSTRUCTIVE TRUSTS IN BANKRUPTCY Introduction This dispute requires the interpretation not just of the holding of a recently-decided case, but its ratio decidendi as well. Specifically, I must decide HOW the Court of Appeals for the Sixth Circuit decided as it did in XL/Datacomp, Inc. v. Wilson (In re Omegas Group, Inc.), 16 F.3d 1443 (6th Cir.1994). N...
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MEMORANDUM Hearing was held on Trustee’s Motion to Disallow Tax Claims; Objection by Department of Motor Vehicles, State of Nebraska; Objection by John Leed; Resistance by State of Nebraska, Department of Revenue; Opposition by Iowa Department of Revenue and Finance. Appearances: Robert Yates, Attorney for trustee; Denise Dengler, Attorney for Iowa Department of Revenue; James Woodruf...
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MEMORANDUM OF DECISION Before the Court for determination is an objection filed by Miraj & Sons, Inc. (the “Debtor”) to four (4) Proofs of Claim filed by The Cadle Company (“Cadle”) totaling $2,198,869.70. The claims arise from moneys *300 borrowed by the Debtor in connection with the Debtor’s purchase from the Bank for Savings of certain condominium units in Townsend, Ma...
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OPINION In this action, debtor Vanette McConahey seeks a determination that prepetition tax liabilities owing to the United States of America and the State of Illinois were satisfied by her completion of payments under a confirmed Chapter 11 plan of reorganization. Both the United States and the State of Illinois filed proofs of claim in the debtor’s Chapter 11 case, and the debtor’s plan pro...
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MEMORANDUM OPINION Lorenzo Jones, Debtor, filed a petition under Chapter 13 of the Bankruptcy Code on August 18, 1995. A Chapter 13 plan has not been confirmed by the Court. The United States of America, on behalf of the Internal Revenue Service, (the “IRS”) filed a Motion to Dismiss on December 19, 1995. In its motion, the IRS asks the Court to dismiss with prejudice Debtor’s Chapter...
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MEMORANDUM AND ORDER This matter is before the court on the trustee’s objection to claims (filed December 21, 1995) to a number of claims filed in connection with this case. Although the Debtor was involved in certain aspects of the grain business, none of the claims are against grain proceeds. All are unsecured claims of individuals, farmers and businesses, who did business with the Debtor. ...
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OPINION AND ORDER The plaintiff commenced the above-captioned adversary proceeding by Complaint filed August 25, 1995, seeking to have an obligation stemming from a monetary judgment entered by a state court in connection with the parties’ divorce declared nondis-ehargeable pursuant to §§ 523(a)(4), (a)(6), and (a)(15) of the Bankruptcy Code. Additionally, she asks that the debtor be deni...
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OPINION INTRODUCTION This matter comes before the court by way of motion of debtors, Joel and Paulette Eastwood, to bifurcate the claim of Metmor Financial, Inc. (“Metmor”) into secured and unsecured components pursuant to section 506(a) of the Bankruptcy Code and to strip down 1 the lien of Metmor to the fair market value of debtors’ property. Metmor opposes debto...
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OPINION RE ESCROW FUNDS MOTION AND AMENDED DAMAGES MOTION I.ISSUE May the debtors collect damages from an alleged secured creditor, resulting from his violation of the automatic stay and contemptuous disregard of court orders by offsetting damages awarded to the debtors against the creditor’s remaining chapter 13 allowed claim distributions? II.JURISDICTION The court ha...
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ORDER This matter was heard on November 29, 1995, on motion of Viking Associates, L.L.C., for an order: vacating a prior order that directed the clerk not to transfer certain claims on the claims register to Viking Associates, as assignee; determining that the assignments are valid and enforceable; and, permitting Viking to enforce the claims in their face amounts. Trustee Wayne Drewes and U.S....
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OPINION An assignee of claims against the debtor filed a complaint objecting to the debtor’s discharge. The bankruptcy court entered judgment in favor of the objecting party. The debtor appeals on the grounds that an assignee of claims lacks standing to object to discharge. We AFFIRM. I. FACTS Peter Y. Lee (“Lee”) and Kenneth M. Ota (“Ota”) formed a general partnership (“par...
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OPINION OVERVIEW Bankruptcy Rule 4007(c)1 requires a creditor in a case under Chapters 7,11, and 12 of the Bankruptcy Code2 to file a nondis-chargeability complaint pursuant to *542§ 523(c)3 within 60 days of the first date set for the meeting of creditors under § 341(a). In the instant case, the bankruptcy court clerk sent out two notices regarding the meeting of creditors. The earlier notice ...
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OPINION AND ORDER This adversary proceeding is before the court upon plaintiffs motion for sanctions and for an order to compel discovery (docket No. 43), plaintiffs memorandum in support thereof (docket No. 44), plaintiffs statement of facts in support of motion for sanctions and for an order to compel discovery (docket No. 45), defendants’ reply to memorandum in support of plaintiff...
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OPINION. In this case debtor Thomas Neil Watson (‘Watson”) has appealed an order denying his motion to reopen his chapter 7 case. 2 Watson sought to enjoin a creditor, who had obtained stay relief to enforce a security interest in accounts receivable, from pursuing a personal monetary judgment against him due to Watson’s alleged breach of a settlement agreement to terminate...
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OPINION Brenda J. Gurney (“Appellant”), appeals from an order of the bankruptcy court determining that the State of Arizona Department of Revenue (“Appellee”) holds, in part, an allowed priority tax claim. The essential facts are not in dispute and the question posed in this appeal is purely an issue of law. I. FACTS Appellant has filed four bankruptcy cases. Appellant filed her...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Kathleen M. Kukulka-Stone filed a complaint to declare the debt of Arthur Ekrem non-dischargeable. On July 13, 1995, the pretrial order was entered and it controls this matter. The trial was held on July 24, 25, 26, 31, August 3, 4, 7, October 26, 27 and November 30, 1995. Ron Lane appeared on behalf of plaintiff; Jeremy Schuster appeared on behalf ...
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DECISION ON MOTION OF STATE STREET BANK AND TRUST COMPANY FOR RELIEF FROM THE AUTOMATIC STAY State Street Bank and Trust Company (the “Bank”) moves for relief from stay in order to continue receiving payments under an agreement with Allen M. Mintz (the “Debtor”), as further discussed below. John O. Desmond, the Chapter 7 Trustee (the “Trustee”) opposes the motion, contending that the Bank...
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DECISION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. # 16) This matter is before the court upon “Defendant’s Motion for Summary Judgment” (Doc. # 16), “Angela Alderman’s Affidavit in Support of Defendant’s Motion for Summary Judgment” (Doe. # 20), “Plaintiffs Response to Defendant’s Motion for Summary Judgment” (Doe. # 18), and a “Submission of Affidavit of Lawrence McKinney” (...
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Order on Debtor’s Objection to Proof of Claim CAME ON for consideration the objection to the claim of Scurlock Permian Corporation (“Scurlock”) by the Debtor El Paso Refining, Inc. (“INC.”). Scurlock’s claim is based upon an unconditional continuing guaranty (the “Guaranty”) executed by the Debtor in favor of Scurlock’s predecessor in interest, Permian Operating Limited Partnership. ...
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ORDER DENYING CONFIRMATION TO CHAPTER 13 PLANS BACKGROUND In each of these cases, Memorial Bank, Oklahoma City, Oklahoma (hereafter, “Bank”), is a secured creditor with a perfected security interest in a vehicle which debtors seek to retain by making payments under a plan proposed under Chapter 13 of the Bankruptcy Code. 1 In each case, it is proposed that interest on ...
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DECISION AND ORDER ON OBJECTION TO THE DEBTORS’ CLAIM OF EXEMPTIONS CAME ON for consideration the objection of Victoria Bank & Trust Company (the “Bank”) to the Debtors’ claim of exemptions. The dispute is over the Debtors claiming as exempt $48,490 worth of assorted personal property, and also claiming as exempt $44,-747.31 worth of life insurance policies. 1 This, says the Ba...
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MEMORANDUM ON TRUSTEE’S OBJECTION TO DEBTOR’S AMENDMENT TO SCHEDULE F The court has before it an Amendment filed by the debtor on December 6, 1995, amending Schedule F to her petition to add nine postpetition creditors. 1 The debtor seeks to add these creditors in order that they might be included in her Chapter 13 Plan as unsecured creditors. The Chapter 13 Trustee, Gwendo...
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MEMORANDUM OF DECISION Frank and Ann Marie Bennett (“Bennetts” or “debtors”) assert exemption rights in a parcel of largely unimproved real estate. The Chapter 7 trustee objects. For the reasons set forth below, I conclude that, although the debtors’ claim to a “residence” exemption in the property rest on a strong emotional foundation, its legal foundation is too shaky to support it....
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DECISION AND ORDER DENYING THE SECURITY NATIONAL BANK AND TRUST COMPANY’S MOTION TO DISMISS (DOC. #18) This matter is before the court upon the defendant’s motion (Doc. # 18) to dismiss the plaintiffs complaint under Fed.R.Civ.P. 12(b)(1), (2), and (6). 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 co...
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DECISION ON ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT This matter is before the court upon defendant’s “Motion for Partial Summary Judgment” (Doc. # 8). The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(F). PROCEDURAL POSTURE AND FACTS On December ...
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DECISION ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT Two questions are presented on these cross-motions for partial summary judgment regarding the “subsequent new value” defense to an otherwise avoidable transfer: (i) does the continued provision of insurance coverage constitute new value and (ii) if it does, is the defense unavailable nonetheless because the cost of that coverage was s...
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OPINION FACTUAL BACKGROUND AND PROCEEDINGS Attorney Brad J. Peugeot, Esq. (“Peugeot”) was paid $1,400 by the Debtor, who filed a Chapter 11 2 petition in pro per. Peugeot did not seek employment as required by the bankruptcy code. He also failed to file a Rule 2016(b) statement. The bankruptcy court issued an “Order to Show Cause Why Brad J. Peugeot Should Not Be Barr...
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OPINION AND ORDER Before the court is a Motion for Summary Judgment (docket No. 3) filed by plaintiffs asserting that defendants entered into a transfer of property with the intent to defraud creditors and that such transfer should be declared void and rescinded. Defendants/debtors filed an Opposition ... and Memorandum of Law ... (docket Nos. 8 & 9) and the Chapter 7 trustee filed a Motion to ...
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OPINION REGARDING MOTIONS FOR SUMMARY JUDGMENT Before the Court are counter-motions for summary judgment in this action to recover preferential transfers under 11 U.S.C. §§ 547 and 549. At the heart of the dispute is whether the transfers involved “an interest of the debtor in property.” I. Facts The debtor, Gray Electric Company, was a subcontractor on three construction co...
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OPINION First Union National Bank of Florida (“First Union”) seeks (i) judgment declaring that its postpetition charge to the checking account of Abbey Financial Corporation (the “Debtor”) was a permissible recoupment or *92 setoff, and (ii) recovery of funds transferred to the Debtor allegedly by mistake, plus the imposition of a constructive trust in aid of that recovery. B...
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MEMORANDUM OF OPINION AND ORDER The above-styled Chapter 11 bankruptcy case is before the Court on consideration of approval of the Debtor’s Disclosure Statement. A hearing was held on December 5, 1995. Objections to the Disclosure Statement were filed by Equitable Life Insurance Company of Iowa (“Equitable”) and the United States Trustee. At the hearing, the issue of the implications of th...
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*335 DECISION & ORDER BACKGROUND On January 8, 1996, the debtors, Clay Arthur Harris and Lori Ann Harris (the “Debtors”), proceeding pro se, filed a petition commencing a Chapter 13 case (the “1996 Case”). The Court’s records indicate that the Debtors had filed two previous pro se Chapter 13 eases which had each been dismissed after the Chapter 13 ...
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MEMORANDUM OPINION This matter is before the Court on a motion of the defendant/debtor, Abigail McKin-non (hereinafter “McKinnon”), for reconsideration of this Court’s order denying the discharge of certain obligations incurred by McKinnon and owed to American Express Travel Related Services Company, Inc. (hereinafter “American Express”), pursuant to 11 U.S.C. § 523(a)(2)(A) of the Bankru...
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MEMORANDUM OPINION This case presents the question of whether the Court, in an involuntary proceeding under § 303, should retain jurisdiction to resolve a dispute between junior and senior mortgagees over the entrepreneurial opportunity to redevelop the Debtor’s sole asset, an apartment building. Resolution of the dispute will not affect either the Debtor or the estate, since the Debtor h...
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MEMORANDUM DECISION ON OBJECTION BY UNITED STATES TRUSTEE TO THE PROPOSED RETENTION OF OTTERBOURG, STEINDLER, HOUSTON & ROSEN, P.C., AND ERNST & YOUNG LLP AS COUNSEL AND ACCOUNTANTS AND FINANCIAL ADVISORS, RESPECTIVELY, TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Bradlees and Caldor (as those terms are defined below) are mid-to high-end discount retail merchandisers with chapter ...
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MEMORANDUM I. INTRODUCTION The matter before the Court is an adversary proceeding filed by Andrew M. and *797 Lynda A. Willauer (the “Debtors”) against the United States of America. Through their complaint, the Debtors seek payment of $12,737.40, plus interest from and after July 15, 1991 from the Internal Revenue Service (the “IRS”). Resolution of the dispute requires an examination of a S...
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Memorandum Decision on Waiver of Fifth Amendment Privilege INTRODUCTION Donald Sheldon is the principal and founder of Donald Sheldon & Co., Inc. (the “Debt- or”), a securities brokerage house, which filed for Securities Investor Protection Act (“SIPA”) liquidation in 1985. See Federal Insurance Co. v. Horwitz (In re Donald Sheldon & Co., Inc.), 150 B.R. 314, 315 (S.D.N.Y....
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ORDER APPROVING FEE The matter before the court is the application to employ Trawick H. Stubbs, Jr. as counsel for the chapter 11 debtor in possession, Pineloch Enterprises, Inc. The Bankruptcy Administrator filed an objection and a *677 hearing was held by conference telephone call on February 12,1995. Pineloch filed a petition for chapter 11 relief on December 13, 1995...
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MEMORANDUM OPINION The Court has before it the complaint of the Office of Public Guardian (“OPG”), guardian of Concetta Messineo, the Plaintiff, against Andrew Messineo, the Debtor/Defendant, seeking the exception from discharge of certain debts owed by the Defendant to the Plaintiff under section 523(a)(4) of the Bankruptcy Code. This adversary complaint was submitted to the Court for its de...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT A hearing was held on February 6,1996 on the Defendant’s Motion for Entry of Summary Judgment based upon the small business exception and customer account code provisions of the Negotiated Rates Act of 1993 (“NRA”), 49 U.S.C. § 10701 et seq., at which the plaintiff and defendant were represented. The Facts The facts are not in dispute. The...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon Plaintiffs’ motion for summary judgment seeking to except from Defendants’ discharge an award of compensatory, punitive and treble damages pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). Upon consideration of the pleadings, briefs and arguments presented at the hearing held on November 28, 1995, the Co...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon a complaint to determine dischargeability. The complaint alleges that defendant’s indebtedness to the plaintiff is a non-dis-chargeable debt pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6). Tkfter a trial held on November 14, 1995, the Court enters the following findings of fact and conclusion...
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OPINION AND ORDER GRANTING UST’S MOTION TO DISMISS This matter is before the Court on the United States Trustee’s (“UST”) motion to *883 dismiss the chapter 7 case of Debtor Margaret Braithwaite (the “Debtor”) pursuant to 11 U.S.C. § 707(b). Having concluded that the Debtor’s chapter 7 case constitutes a “substantial abuse” of chapter 7, the Court finds that the UST’s motion is well taken and...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This ease came before the Court on Randy L. Macko’s (debtor) objection to claim 5 filed by the Internal Revenue Service (IRS). After a hearing on January 3, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT The following facts are not in dispute: 1. On August 19, 1993, the IRS assessed a tax liability...
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ORDER Currently before the Court in this matter is a Motion for Summary Judgment by Cheryl Lynn Robinson and Alembik, Fine & Callner, P.A. (hereinafter collectively “the Creditors”). This Motion arises in an adversary proceeding which the Creditors have commenced to determine the dischargeability of certain debts owed them by Ms. Robinson’s former husband, William Michael Robinson (he...
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MEMORANDUM OPINION This case is before the court on Raymond Sanders’ motion to proceed in forma pauper-is. Sanders, an alleged creditor of the debt- or, requests to proceed in forma pauperis on a complaint to exclude a debt from chapter 13 plan and rescission of stay. For the reasons stated in this memorandum opinion, the court will deny the motion to proceed in forma pauperis. ...
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ORDER GRANTING THE INTERNAL REVENUE SERVICE’S MOTION FOR ABSTENTION This matter is before the Court on the Internal Revenue Service’s (IRS) Motion for Abstention (Doc. 41,42), and the Debtor’s Response (Doc. 45). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference entered in this District on July 30, 1984. This is a core proce...
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ORDER OVERRULING CREDITOR’S OBJECTION TO PARAGRAPH 9 OF DEBTORS’ PLAN OF REORGANIZATION This matter is before the Court on National City Bank’s (“NCB”) objection and supplemental objection to the confirmation of Debtors’ chapter 13 plan. A hearing on the confirmation of the Debtors’ plan was held on September 14, 1995. Prior to that hearing, the parties’ counsel entered into a stipulated ...
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DECISION AFTER TRIAL (Objection to Discharge and Exception to Dischargeability) Thomas W. Caulfield (“Caulfield” or “Debtor”) filed a voluntary petition for relief under Chapter 7 on June 18, 1993. Barristers Abstract Corporation (“Barristers”) timely filed the above-captioned adversary proceeding seeking a judgment barring the Debtor’s discharge pursuant to 11 U.S.C. §§ 727(a)(3...
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*956 MEMORANDUM On January 22, 1996, a trial was held on several urgent matters filed by various parties to this bankruptcy case. Before the court is a motion (Fil. # 17) by which the Debtor, GP Express Airlines, Inc., seeks an order compelling Continental Airlines, Inc., to pay $328,756.00 to the Debtor. This motion is sustained in part and, I order that Continental immediat...
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MEMORANDUM OPINION GRANTING, IN PART, AND DENYING, IN PART, MOTION TO DISMISS COUNT 3 OF COMPLAINT TO AVOID AND RECOVER PREFERENTIAL TRANSFERS The Debtor, Daedalean, Inc., through the disbursing agent under its confirmed plan of liquidation, Paul D. Trinkoff, has filed a complaint that seeks in Count 3 to avoid and recover several payments made by the Debt- or to the Defendant Product...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon the United States Trustee’s Motion to Dismiss pursuant to 11 U.S.C. § 707(b). Upon consideration of the evidence presented at the hearing held on December 7,1995, the Court enters the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. Wayne John Dickerson and Merdis Lavonda Dickerson (“Debto...
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OPINION RE DEBTOR’S ELIGIBILITY FOR RELIEF UNDER CHAPTER 13 I. ISSUE This case is before the court on the Debt- or’s request for confirmation of his proposed *252 plan under chapter 13 of the Bankruptcy Code. 1 A group of unsecured creditors have objected to confirmation on the grounds that the Debtor is not eligible for relief because the Debtor’s total “...
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DECISION AND ORDER PRELIMINARY STATEMENT This matter comes before the Court 1 upon a motion (“Motion”) by Dauntless, Inc. *607 (“Dauntless” or “Defendant”) for an order dismissing the adversary proceeding commenced by Richard E. O’Connell, the chapter 7 trustee (“Trustee” or “Plaintiff’) against Dauntless, for failure to state a claim upon which relief can...
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OPINION AND ORDER GRANTING PLAINTIFF SCOTT ROSSI SUMMARY JUDGMENT AGAINST DEBTOR, EXCEPTING JUDGMENT OWED TO SCOTT ROSSI FROM DISCHARGE, GRANTING DEBTOR SUMMARY JUDGMENT AGAINST ROSSI, McCREERY AND ASSOC., INC. AND DISMISSING ROSSI, McCREERY AND ASSOC., INC.’S COMPLAINT WITH PREJUDICE This matter is before the Court on the Court’s own motion as to why plaintiff Scott Rossi (“Rossi”) shoul...
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ORDER REGARDING DISCHARGE-ABILITY OF DEBT AND AVOIDANCE OF LIEN Plaintiff initiated this adversary proceeding on March 23, 1995, seeking a determination that the $14,000 awarded him in the parties’ divorce as alimony in lieu of property settlement is not dischargeable in Defendant’s bankruptcy, pursuant to 11 U.S.C. § 523(a)(15). Defendant answered, placing the proceeding at issue. This proce...
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Plaintiff Barbara Balaber-Strauss, as Trustee of the estate of Max Frankel (the “Trustee”), has moved by notice of motion dated January 3, 1996 for an order holding defendant Joseph Markowitz (“Defendant”) in civil contempt for his failure to comply with the final Order and Judgment entered in this matter of November 15, 1995 (the “November 15 Order”) and imposing appropriate sanctions on Defen...
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MEMORANDUM DECISION Robert and Edna Davisson (“Davissons”), who bought the Chapter 13 debtors’ real property at a foreclosure sale approximately four minutes prepetition, seek relief from the automatic stay to permit the trustee who conducted the foreclosure sale (“Trustee”) to issue the Trustee’s Deed (“Deed”) and record it. I. FACTS John and Carolina Engles (“Debtors”) owned r...
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MEMORANDUM In this adversary proceeding Plaintiff, a Chapter 7 debtor, seeks summary judgment that his child support related obligation to the defendant, Kansas Department of Social and Rehabilitation Services (“Kansas DSRS” or “the agency”) is not excepted from discharge under 11 U.S.C. § 523(a)(5)(A). I conclude that the claim of Kansas DSRS does not fall within section 523(a)(5), and is di...
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*921 MEMORANDUM OPINION This matter comes before the Court on the Motion of Sears, Roebuck and Co. (“Sears”) to Compel and Extend the Time Within Which To File An Adversary Proceedings [sic] (“Motion”). 1 Attorney Eugene R. Pigat-ti represents Sears. The Debtors, James Peter Sr. and Sharon L. Irvine, are represented by Attorney Thomas H. Senneff, who wisely conside...
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OPINION ON COURT’S ORDER TO SHOW CAUSE WHY PRESENT CHAPTER 7 CASE SHOULD NOT BE DISMISSED DUE TO THE FACT THAT THIS DEBTOR HAS A CHAPTER 11 CASE STILL OPEN I. INTRODUCTION Studio 5 Clothing Stores, Inc. 1 (“Debtor”) is a California Corporation. In 1993, Debtor operated a chain of women’s retail clothing stores. On July 12, 1993, Debtor filed a voluntary Chapter 11 bankrupt...
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MEMORANDUM OPINION This matter came before the Court for hearing on February 20, 1996, on the Motion of the Debtor-Defendant, Kim Ellen Gantz, n/k/a Kim Ellen Peters, to Establish the Relevancy of Evidence and Burden of Proof (“Motion”). This Motion relates to the Plaintiff’s Complaint to Determine Dischargeability of Debt Under Section 11 U.S.C. 523(a)(15). Ms. Gantz is represented by Attorn...
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MEMORANDUM OF DECISION The Internal Revenue Service (“the Service”) seeks retroactive relief from the automatic stay under 11 U.S.C. § 362(d) in order to validate a tax assessment made in violation of the automatic stay. A hearing was held and the matter was taken under submission. For reasons set forth below, the court will deny the motion. FACTUAL BACKGROUND Prior to filing for bankrupt...
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MEMORANDUM OF DECISION This matter came before the Court on the Trustee’s complaint pursuant to 11 U.S.C. § 363(h) to sell property free and clear of the interests of Debtor, Henry T. Hidler, and his wife Linda A. Hidler. 1 The complaint raises two issues: (1) whether Henry Hidler is entitled to a homestead exemption in the property and (2) whether the Trustee may sell prop...
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OPINION The matter presently before the Court is the motion of the First National Bank of Chillicothe (FIRST) to dismiss the cross-claim of the Prineeville State Bank (PRINCEVILLE). The facts giving rise to this adversary proceeding and the cross-claim are set forth in two previous opinions of this Court1. For the purposes of FIRST’S motion they are summarized as follows. On September 3,1991, the ...
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MEMORANDUM OPINION Before the Court is AT & T Universal Card Services’ complaint to determine dis-chargeability of debt in the amount of $6,783.13 against defendants Ali M. and Shahla R. Samani based on 11 U.S.C. §§ 523(a)(2)(A) and 523(a)(2)(B). The Court has jurisdiction of this complaint pursuant to 28 U.S.C. §§ 157(a), (b)(1), (b)(2)(I), 1334(b) and 11 U.S.C. § 523(c). This is a core ...
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MEMORANDUM DECISION DENYING MOTION TO MODIFY PLAN AFTER CONFIRMATION INTRODUCTION Before the Court is a motion by Max Recovery, Inc. (“Creditor”) seeking to modify a confirmed Chapter 13 plan, which motion is opposed by the Debtor (“Debtor”). Creditor is represented by Sblend A. Sblendorio, Esq. of Levy, Greenfield & Davidoff; Debtor is represented by Clark A. Miller, Esq. Duncan...
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FINDINGS OF' FACT AND CONCLUSIONS OF LAW This case is before the Court upon Debt- or’s Objection to Claim Number 1 of the Internal Revenue Service. A response was filed by the IRS and a hearing was held on the Objection on November 8, 1995. Based upon the evidence presented the Court makes the following Findings of Fact and Conclusions of Law. The Debtor is a retired federal employee. He dr...
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MEMORANDUM OPINION DENYING MOTION FOR JUDGMENT BY DEFAULT AND SUA SPONTE DISMISSING COMPLAINT WITH LEAVE TO AMEND In this case Sears, Roebuck, plaintiff, has sought an Order finding non-disehargeable part of a claim which Sears has filed against the debtor in this case. The debtor failed to file an Answer contravening the assertions set forth in the complaint and Sears has now sought judgment...
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MEMORANDUM OPINION This matter comes before the Court on the complaint of Memorial Hospital (“Memorial”) pursuant to 11 U.S.C. §§ 523(a)(2) and 523(a)(4) to determine the dischargeability of a debt owed to it by Edward J. Sarama (the “Debtor”). For the reasons set forth below, the Court holds that the debt plus interest *925 and costs is nondisehargeable under §§ 523(a)(2...
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MEMORANDUM OF DECISION Before the court is a motion for default filed on behalf of Toyota Motor Credit Corporation against the debtor, Mirian K. Mon-tano. Because the affidavit is insufficient in form and substance, the motion will be denied. Defaults are governed by Bankruptcy Rule 7055 that makes Rule 55 of the Federal Rules of Civil Procedure applicable in adversary proceedings. B...
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MEMORANDUM I. INTRODUCTION The matter before the Court is a complaint filed by the ex-spouse of the Debtor under 11 *803U.S.C. §§ 523(a)(5)1 and (a)(15)2. The matter was scheduled for trial on January 23, 1996. However, at the time of trial, the Debtor, Robert D. Macy (the “Debtor”) and his ex-spouse, Anna Lowell Macy (the “plaintiff’), agreed “that no issues of fact remain in dispute and that th...
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AMENDED MEMORANDUM DECISION RE: PLAN CONFIRMATION I. INTRODUCTION. The currently proposed chapter II plans of reorganization represent the latest sad chapter in a lengthy struggle relating to the troubles, and desire for ultimate control, of publicly-held corporate giant AMERCO, Inc., and its principal subsidiary, U-Haul International, Inc. In order to understand the current ...
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*220 MEMORANDUM OPINION In this adversary proceeding, Connecticut Pizza, Incorporated, d/b/a Connecticut Pizza, Inc. (“Plaintiff”) 1 brought an action seeking damages from Bell Atlantic-Washington, D.C., Inc. (“Bell Atlantic” or “Defendant”). The Defendant has filed a Motion for Summary Judgment seeking judgment on all counts. The Plaintiff has filed a Motion for P...
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MEMORANDUM OF DECISION The court, on September 29,1994, conducted a hearing on the First Interim Application of Roetzel & Andress (R & A), Attorneys for the Trustee, for Compensation and Reimbursement of Expenses (First Application). The trustee is Josiah L. Mason, duly appointed and acting as the debtor corporation’s trustee under Chapter 7 of Title 11 of the United States Code. The case, while ...
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193 B.R. 730 (1996) In the Matter of LAN ASSOCIATES XIV, L.P., Debtor. Bankruptcy No. 92-13412. United States Bankruptcy Court, D. New Jersey. February 16, 1996. *731 Peter C. Hughes, Dilworth, Paxson, Kalish & Kaufman, Philadelphia, Pennsylvania, for Metro Commercial Real Estate, Inc. Glenn R. Reiser, Nagel, Rice & Dreifuss, Livingston, New Jersey, for Debtor. Bruce Buechler, Ravin, Sara...
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MEMORANDUM OPINION In this adversary proceeding, the U.S. Trustee (“UST”) seeks to permanently enjoin defendant Robert Tank (“Tank”), a bankruptcy petition preparer, from assisting or advising any person in connection with the filing or prosecution of any bankruptcy ease or any documents in any bankruptcy case. The UST also asks the court to fine Tank for violations of 11 U.S.C. § 110(f)(1), an...
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MEMORANDUM DECISION I. INTRODUCTION On January 22, 1996, a hearing was held on the United States Trustee’s (“UST”) motion for order to have Jim Snyder (“Snyder”) show cause why (1) his fees should not be reviewed pursuant to 11 U.S.C. § 110(h) 1 ; and (2) he should not be fined for violation of § 110(c). Minnie Loo, Esq. appeared for the UST and Snyder appeared in ...
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MEMORANDUM OPINION ON NOTICE OF REMOVAL AND MOTIONS FOR ABSTENTION AND REMAND The matters before the Court are: (a) a Notice of Removal of a state court lawsuit filed by defendants Metro Loans, Inc. and Ms. Salli Wright on August 3, 1995; (b) a Motion to Remand Removed Case filed by Mr. Samuel D. Roddam, Jr. and Ms. Ginger Roddam on September 7, 1995; and (c) a ...
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The Caldor Corporation (“Caldor”) has moved pursuant to §§ 363(b)(1), 1107 and *184 1108 of the Bankruptcy Code (“Code”) for an order authorizing it to enter into a lease (“Westfield Lease”) of a building located in Westfield, Massachusetts (‘Westfield Facility”) for use as a regional distribution center. The Official Creditors’ Committee and the Official Committee of Equity Holder...
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DECISION REGARDING TRUSTEE’S OBJECTION TO EXEMPTION I. Background V. Raymond Destremps, Jr. (the “Debtor”) is an employee of the Massachusetts Department of Revenue. He participates in the Commonwealth of Massachusetts Employees Deferred Compensation Plan (the “Plan”). On the date the Debtor filed his Chapter 7 petition, his interest in the Plan had a value of $18,000. ...
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MEMORANDUM OF OPINION ON DIS-CHARGEABILITY OF PROPERTY SETTLEMENT Arcina Ann Gamble (Mrs. Gamble) seeks to have a $100,000 note (and the resulting state court judgment) given to her by her former husband, Sim Michael Gamble (Mr. Gamble), in their divorce proceeding declared nondischargeable in his bankruptcy ease 1 pursuant to § 523(a)(15) of the Bankruptcy Code. 2 ...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY PAUL FRANKS Mr. Paul Franks, an unsecured creditor of the debtor in possession, is the plaintiff in the pending fraud action of Franks v. Marvin Johnson’s Auto Service, Inc., et al, Case No. CV-94r-0065, filed in the Circuit Court of Shelby County, Alabama on January 31, 1994. The debtor in...
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DECISION This adversary proceeding is related to Consolidated Case Nos. 1-91-00100, In re Eagle-Picher Industries, Inc., et al., Chapter 11 debtors. Plaintiffs in this adversary proceeding in their complaint identify themselves as among the largest unsecured creditors of Hillsdale Tool and Manufacturing Company (“Hillsdale”), a debtor-subsidiary of Eagle-Picher Industries, Inc. (“EPI”). Defenda...
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DECISION RE MOTION TO ABSTAIN OR DISMISS Pursuant to 11 U.S.C. § 303(b)(3)(A), Irvin J. Tessler, a general partner of the debtor partnership, June 9,1995 filed an involuntary *901petition under Chapter 7 of the Bankruptcy Code against the debtor partnership. The business of the partnership had been the ownership and management of two real estate properties, Hillcrest Tower and the Ly-Mns Property,...
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DECISION ON MOTION TO DISMISS THE PETITIONS I. Introduction Linda Kaiser (“Kaiser”), the Insurance Commissioner of the Commonwealth of Pennsylvania, in her capacity as the statutory Rehabilitator of the Mutual Fire, Marine & Inland Insurance Company (“Mutual Fire”) moves to dismiss “the ancillary peti *189 tions” of Kansa General International Insurance Company L...
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MEMORANDUM ON CONTESTED INVOLUNTARY PETITION On March 1,1996, the court held a hearing on the contested Involuntary Petition filed by James S. Bush against Taylor & Associates, L.P. on November 13,1995. The facts giving rise to the contested petition and the court’s resolution of the issues before it are discussed below. This is a core proceeding. 28 U.S.C.A. § 157(b)(2) (West 19...
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MEMORANDUM ON DEBTORS’ OBJECTION TO CLAIM The court has before it an Objection to the Claim of Jefferson Financial Services, Inc. (Jefferson Financial) filed by the debtors on January 30, 1996, objecting to Jefferson Financial’s claim to the extent it seeks $300 in postpetition attorney fees. Jefferson Financial’s Proof of Claim filed January 4, 1996, for $4,409.39, which includes pri...
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MEMORANDUM AND ORDER RE: INVOLUNTARY PETITION UNDER CHAPTER 7 I. On August 17, 1995, Teletarjeta, Inc., Janice DeDonatis d/b/a Eagle Telecommunication Associates and The Phone Card People, Inc. (the “Petitioning Creditors”) filed an involuntary petition under Chapter 7 against Megatrend Telecommunications, Inc. (“Me-gatrend”). Megatrend appeared and submitted an answer to the petition d...
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MEMORANDUM OPINION ON MOTION FOR CONTEMPT AND FOR SANCTIONS Before the Court is a Motion For Contempt And For Sanctions (“Motion”) filed by the United States Trustee. The United States Trustee requests: (1) the Court find that Jeffery D. Wagnon (“Wagnon”) is in civil contempt for not complying with a prior order of the Court; (2) the Court impose sanctions against Wagnon under Federal Rule of B...
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MEMORANDUM OPINION This matter is before the Court on the motion of Susan Cappuceilli (the “Debtor”) to quash service and vacate a default judgment previously entered in this adversary proceeding. The motion was filed pursuant to Fed. R.Civ.P. 60(b), made applicable to this proceeding by Fed.R.Bankr.P. 9024. The Debt- or makes no challenge to the subject matter jurisdiction of the Cou...
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MEMORANDUM OPINION In this action, the plaintiffs, Joel T. Broyhill and Northern Virginia Realty, Inc. Profit Sharing Trust seek a declaration that the defendants, Robert and Marilyn DeLuca, were properly removed as the managers of D & B Countryside, L.L.C., and that Joel T. Broyhill was properly appointed as the successor manager.1 A trial of the issues was held on September 15 and 18, 1995. At ...
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MEMORANDUM OPINION The plaintiff in this adversary proceeding, JTB Enterprises, L.C. (“JTB”), seeks a determination that R & M Kiln Creek, L.C. (“R *82& M Kiln Creek”) was properly removed as the managing member of D & B Venture, L.C. (“D & B Venture”), one of the debtors in these jointly administered cases, and that JTB was properly substituted as the managing member. A trial of the issues was h...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTOR’S MOTION FOR CONTEMPT The Debtor’s Motion for Contempt for Violations of Automatic Stay seeks to hold his secured creditor in contempt for allegedly violating the proscription of 11 U.S.C. § 362(a)(3) against, among other things, acts “to exercise control over property of the estate.” Specifically, the alleged contempt is based on the ...
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ORDER CONFIRMING PLAN OF REORGANIZATION The Debtors’ Second Amended Plan of Reorganization, the motion of the Internal Revenue Service to alter or amend this Court’s August 18,1995 order, and for relief from the stay, and the motion of the Internal Revenue Service to dismiss this case came on for hearing on November 24, 1995 on proper notice. On that date the Debtors filed their Third Ame...
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OPINION ON VARIOUS MOTIONS FOR ORDERS TO APPOINT ADDITIONAL COMMITTEES OR TO MODIFY THE COMPOSITION OF EXISTING COMMITTEES I.Introduction The issues to be decided in these contested matters include: 1. Whether the existing committees adequately represent the interests of the moving parties. 2. Does the Court have any power to reconstitute a committee and, if so, how...
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DECISION ON TRUSTEE’S MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANTS’ CROSS-MOTIONS FOR SUMMARY JUDGMENT INTRODUCTION Before this court for decision are motions and cross-motions for summary judgment in four separate adversary proceedings. The Chapter 7 Trustee for Harvard Knitwear, Inc. (“Harvard”) has brought two of these adversary proceedings seeking to set aside as fraudulent th...
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MEMORANDUM OPINION This matter is before the Court following a trial on the merits of the Complaint to Determine Dischargeability of Debtor Vivian Robinson. Appearing at the January 17, 1996, trial were Oscar W. Adams, attorney for Vivian Robinson, and Richard O’Neal, assistant United States Attorney, appearing for the United States Department of Education National Payment Center (Department)...
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MEMORANDUM OPINION The Court has before it the motion of Jeffrey A. Schreiber, Trustee (“Trustee”) to compel turnover of the 1994 tax refund arising out of the Debtor’s and non-debtor spouse’s joint 1994 tax return. The Debtor argues that the refund is the result of the non-debtor spouse’s business losses and, thus, the funds are not property of the Chapter 7 estate. A hearing was held on Feb...
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MEMORANDUM I. FACTS The Debtors filed a voluntary petition under Chapter 7 on December 12,1995. At the time of the filing, they were represented by Joseph C. Mooney, Esq. The Debtors filed Schedules A-J with their petition. On Schedule F-Creditors Holding Unsecured Nonpriority Claims, the Debtors listed Sears, Roebuck & Co. (“Sears”) with a claim of $3,324.28, along with 17 othe...
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ORDER RE SIXTY MONTH LIMITATION FOR CHAPTER PLAN I. INTRODUCTION. Before the Court is the Debtors’ modified plan, filed October 13, 1995 (the “Modified Plan”). The Trustee objected to confirmation of the Modified Plan, asserting that the plan’s term exceeds the five year limitation in 11 U.S.C. § 1329(c). An initial confirmation hearing on the Modified Plan was held on November 28, 1996. The ...
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ORDER DENYING MOTION OF VINCENT PROPERTIES, INC., FOR PAYMENT OF SECTION 507(b) CLAIM Vincent Properties, Inc., a secured creditor, moves for an order directing payment of an alleged superpriority administrative claim under section 507(b) of the Bankruptcy Code. Under that section, if adequate protection provided by the trustee for a creditor’s interest in property fails, an allowed a...
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DECISIONS ON (i) DEBTORS’ MOTION FOR AN ORDER APPROVING REJECTION OF JOHN MARCHIONE’S EMPLOYMENT AGREEMENT and (ii) APPLICATION BY JOHN MAR-CHIONE FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE CLAIM The matters before the Court are (i) the Debtors’ motion for an order pursuant to section 365 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 6006 1 approving thei...
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MEMORANDUM OF DECISION ON INVOLUNTARY PETITION I. INTRODUCTION In this involuntary Chapter 7 case the parties have called upon the Court to determine (1) whether the Petitioning Creditors’ claims are “the subject of bona fide dispute” within the meaning of 11 U.S.C. § 303(b)(1); and/or (2) whether the Alleged Debtor, an oriental rug retailer, is “generally not paying ... [its] debts ...
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SUPPLEMENTAL OPINION DENYING ENTRY OF DEFAULT JUDGMENT 1 At issue in this adversary proceeding is whether a default judgment may enter against a nonappearing debtor in a § 523(a)(2)(A) dischargeability proceeding, where the claimant presents no evidence. We hold that it may not, for the reasons which follow. Jurisdiction over this matter arises pursuant to 28 U.S.C. § 1334(b) and the genera...
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ORDER This ease is before the court on Movant’s motion for an order confirming the foreclosure sale of real property of Debtor. Hearing was held and the parties, including the Chapter 13 Trustee filed post-hearing letter briefs. STATEMENT OF FACTS This Chapter 13 case commenced March 21,1994. Debtors’ Chapter 13 plan was confirmed May 20, 1994. One of the provisions contained in...
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ORDER This adversary proceeding is before the court on the motion of the United States on behalf of the Internal Revenue Service (“IRS”) for summary judgment and the cross motion for Summary Judgment of the Cobb County Tax Commissioner (“Cobb County”). Responses were filed by the Georgia Department of Revenue and the Georgia Department of Labor (collectively “Georgia”) and by the City...
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DECISION AND ORDER (Trustee’s Objection to Exemption) Before the Court is an objection timely filed by the Chapter 7 Trustee, Allan B. Mendelsohn (the “Trustee”), to an exemption claimed by the Debtors, Ronald W. and Patricia A. McNeill. By Memorandum Decision and Order dated January 18,1996, the Court requested additional briefing by the parties. Both parties have now filed thei...
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MEMORANDUM OPINION Blue Cross and Blue Shield of Georgia, Inc., Defendant, filed on December 18, 1995, *616 a motion for summary judgment. The Official Creditors’ Committee of Lummus Industries, Inc. on Behalf of Lummus Industries, Inc., Plaintiff, filed on December 18, 1995, a motion for partial summary judgment. The Court, having considered the record, the stipulation o...
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OPINION OVERVIEW Immediately after a jury verdict against her in a state court civil suit, the debtor recorded a deed of trust on her personal residence in favor of her mother which over-encumbered the property. She subsequently borrowed money from a third party, and secured the loan against the same property by subordinating her mother’s deed of trust. She filed a bankruptcy pet...
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MEMORANDUM DECISION Keith and Dorothy Russell (“Debtors”) sold certain real property to Carlos and Linda Shannon (“Shannons”) for $715,000 in 1991. Twelve days later, debtors filed a petition under chapter 7. The Shannons were never listed as creditors of the debtor. Several years later, a plumbing break disclosed that the property suffered from soil subsidence problems. The Shannons subsequent...
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DECISION AFTER TRIAL I. INTRODUCTION Before me 1 is yet another round in the continuing conflict between the Plaintiff, Durso Supermarkets Inc., (“DSI”) and the Defendant, Florence D’Urso (“Mrs. D’Urso”). Prior to their stop in my court, these parties have litigated, and continue to litigate, in various state and federal trial and appellate courts. There is no reason t...
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OPINION The chapter 7 trustee of the debtors’ estate appeals the bankruptcy court’s ruling denying in part a complaint to avoid as preferential transfers two deeds of trust given to Rivera. For the reasons set forth below, the judgment is affirmed. I. FACTS Approximately seven months before the Marinos’ bankruptcy was filed, Kenneth Rivera and the Rivera Trust lent $2.5 million ...
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OPINION Michael Goodwin (“Goodwin”) is a chapter 11 debtor. Diane Seidel (“Seidel”) is Goodwin’s ex-wife, and a defendant in much of the litigation before the bankruptcy court. J. Elliot McIntosh (“McIntosh”) is the attorney for Goodwin and Seidel. (Hereinafter, Goodwin, Seidel, and McIntosh will collectively be referred to as “Appellants.”) Goodwin and Seidel brought a motion to recu...
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DECISION This case began with an involuntary petition for relief under Chapter 11 of the United States Bankruptcy Code, filed soon after Carl B. Hilliard, Jr. was appointed receiver for the debtor by the High Court of Justice for the Federation of St. Christopher and Nevis. On February 3, 1995, the court denied the receiver’s motion, filed pursuant to § 305, to dismiss the case or abs...
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OPINION A INTRODUCTION Before this case can proceed further in this jurisdiction, we are obliged to resolve a motion of the Sagamore Estate Property Owners Association (“SEPOA”) seeking to transfer the venue of this case to the Middle District of Pennsylvania (“M.D.Pa.”) (“the SEPOA Motion”) and a motion of John A. Poka, Esquire (“Poka”), seeking, alternatively, dismissal of ...
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OPINION An in propria persona chapter 7 2 debtor filed a motion to reaffirm a secured car loan and an unsecured credit card debt owed to the same creditor. The bankruptcy court denied the debtor’s motion. The creditor appeals. We DISMISS because the creditor lacks standing to bring this appeal. I. FACTS On April 28,1995, David P. Parker, Sr., an in propria persona debtor (“debtor”),...
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MEMORANDUM OPINION ON MOTION TO COMPEL PAYMENT OF POST-PETITION LEASE OBLIGATIONS Came before the Court for consideration on the 29th day of January, 1996, the Motion to Compel Payment of Post>-Petition Lease Obligations under 11 U.S.C. 365(d)(3) (“Motion”) filed by Trammell Crow Company and Petula Associates, Ltd. (Collectively, “Petula”) and the Response to the Motion (“Response”) f...
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MEMORANDUM I. INTRODUCTION The matters before the Court are the Debtors’ Complaint for Turnover and Motion to Use Cash Collateral and the Defendant’s Opposition thereto, as well as the Defendant’s Motion for Summary Judgment and the Debtor’s Objection thereto. On January 16, 1996, the Court held a hearing on the Debtor’s Complaint and Motion to Use Cash Collateral. The Court took bot...
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OPINION I. FACTS Joe E. Woods, Inc., (“Woods”) a general contractor, entered into a construction contract with Arizona State University. In order to fulfill the terms of the contract, Woods subcontracted with Vigil Bros. Construction, Inc. (“Vigil”). Vigil in turn subcontracted with Concrete Equipment Co., Inc. (“CECO”) whereby CECO was obligated to provide equipment and labor ne...
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*251 MEMORANDUM OF DECISION This proceeding is before the Court for resolution of the trustee’s attack on various aspects of real and personal property tax claims asserted by the Board of County Commissioners of Johnson County, Kansas (Johnson County). The trustee appears as his own counsel in this proceeding. Johnson County is represented by Assistant County Counselor Roger L. T...
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OPINION OVERVIEW The debtor borrowed $50,000 from a stockbroker and provided collateral in the form of stock which was deposited in a margin account. After the debtor filed bankruptcy, as the stock decreased in value, the stockbroker at intervals, issued margin calls, and, on failure of the debtor or trustee to respond, liquidated portions of the stock without first seeking relie...
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Countless checks are issued to joint payees every day. In many instances, these checks represent an easy device to assure the application of payment to a proper account or for a desired purpose. The issue in the ease at bar is whether money is procured through actual fraud when a debtor circumvents the intention and design of a lender who has issued an instrument to joint payees. Michael Stanto...
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ORDER GRANTING TRUSTEE’S MOTION TO SET ASIDE TRANSFER AND DETERMINE VALIDITY, PRIORITY AND EXTENT OF LIEN This matter is before the Court on the complaint filed by Gary D. Barnes, the Chapter 7 Trustee, to set aside transfer and determine validity, priority and extent of hen. FACTS Daniel Dale Ross, the debtor, entered into a retail installment contract with General Moto...
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ORDER The matter is before the Court on a Motion to Dismiss the adversary proceeding for lack of subject matter jurisdiction. The motion was filed by Fredrich J. Cruse (“Cruse”), Defendant/Crossclaim Defendant and Operating Trustee of The Landing, the Reorganized Debtor (“Debtor”). The Debtor is operating under a confirmed plan of reorganization and is engaged in the orderly liquidation of its a...
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DECISION ON THE MOTION TO IMPOSE A CHARGING LIEN Donovan Leisure Newton & Irvine, a law firm, moves for an order fixing and imposing a charging lien on any proceeds or property due Jennifer Puddefoot Gucci under a proposed stipulation of settlement dated October 27, 1995 and for other relief which may be proper pursuant to 11 U.S.C. § 105(a) and Federal Rules of Bankruptcy Procedure 2...
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OPINION PROCEDURAL BACKGROUND This matter comes before the court as a hearing held January 18, 1996 on a motion brought by defendants, American Management Services, Inc. and George Cloutier, to dismiss the adversary complaint. The defendants argue that the case should be dis *422 missed because Charles Figlio’s (“debtor”) cause of action was abandoned by operation of law pursuant to 11 U....
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MEMORANDUM OPINION AND ORDER Robert Milbank, Jr., the Chapter 7 trustee of the bankruptcy estate of the debtors, Gilbert T. Scott and Gloria B. Scott, objects to certain property claimed as exempt by the debtors. The court held a hearing on the exemptions on December 11, 1995. At that hearing, the parties submitted the matter on the written papers and the court record. The debtors fil...
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MEMORANDUM OPINION The Chapter 7 Trustee Jere Loyd (the “trustee”) objects to the debtors’ attempt to exempt the sum of $13,468.37, proceeds of a personal injury settlement held in attorney James Turner’s trust account. This is a core proceeding under 28 U.S.C. § 157(b)(2)(B) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set for...
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MEMORANDUM ORDER GRANTING PARTIAL SUMMARY JUDGMENT & REMANDING The matter before the Court arises by motion of the Chapter 7 Trustee, Phillip L. Kunkel (“Trustee”), for partial summary judgment in the above-entitled adversary proceeding which is currently pending before this Court, and for an order abstaining from further consideration of this matter and remanding the case to the Minn...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the remand of the case from the District Court to this Court on the following basis: “... to determine whether Mr. Lyall needs to use his car in the course of his occupation as an architect consistent with the standard set forth in this Opinion.” The standard announced by the District Court is one of necessity; i.e. whether the...
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DECISION ON ESTIMATION OF CLAIMS Irene Robbins and Bert Shepherd (“Trustees” or “claimants”) filed proofs of claims against Thomson McKinnon Securities, Inc. (“TMSI”), alleging churning of two separate brokerage accounts. Trustees base their claims on Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b) and Rule 10b-5 promulgated thereunder, 17 C.F...
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DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOC. # 11) This matter is before the court upon a motion for summary judgment filed by the *837 plaintiff. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(I). PROCEDURAL POSTURE AND EVIDENTIARY...
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MEMORANDUM OPINION Debtors moved this Court to quash an administrative freeze on their bank account with Creditor First National Bank of Lamar (“FNB”) and to release funds which debtors claim are exempt. This is a core proceeding under 28 U.S.C. § 157(b)(2)(B) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For *899 the reasons set forth below,...
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MEMORANDUM OPINION This is the court’s decision on the defendants’ right to a jury trial on the trustee’s verified complaint. This court has subject matter jurisdiction under 28 U.S.C. § 1334(b), § 151, and § 157(a). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (E) and (0). The court’s findings of fact and conclusions of law are as follows. FACTS Lands End L...
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MEMORANDUM OPINION AND ORDER Pursuit Athletic Footwear, Inc. moves for final approval for its use of cash collateral. Relatedly, Save Power Limited, Extravest Holdings Limited, and Silver Eagle Holdings Limited move this court for adequate protection in the Chapter 11 cases of Pursuit Athletic Footwear, Inc. and Riddell Athletic Footwear, Inc., and for relief from the automatic stay. ...
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MEMORANDUM OPINION AND ORDER This Adversary Proceeding was filed by KEMBA Roanoke Federal Credit Union (“KEMBA” or “Creditor”), objecting to and seeking denial of the discharge of David G. St. Clair (“Debtor”) pursuant to 11 U.S.C. § 727. The alleged acts of this proceeding is whether the Debtor fraudulently transferred or concealed property; failed to keep records making it impossible fo...
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MEMORANDUM OPINION Today we make our contribution to the small but growing body of caselaw interpreting 11 U.S.C. § 523(a)(15). The Court, in this ease and in an opinion in the case of Hibbard v. Hibbard, AP No. 96-3044, will discuss this new exception to the bankruptcy discharge in some detail. Here, Joan Smither (“Creditor”), Victor Smither’s (“Debtor”) former spouse, is suin...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT This declaratory judgment action is before the Court on cross-motions for summary judgment filed by Plaintiff-Debtor, Kent Klingshim (the “Debtor”), and by Defendant, Internal Revenue Service (“IRS”). This proceeding arises in a case referred to this Court by the Standing Order of Reference e...
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DECISION REGARDING OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN I. Procedural Background James R. Rosencranz (the “Debtor”), an attorney who has practiced law for fifteen years, filed for relief under Chapter 13 of the United States Bankruptcy Code (the “Code”) on April 25, 1995. On May 31, 1995, the Debtor filed his Schedules, Statement of Financial Affairs and his Chapter 13 Pl...
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ORDER This matter comes before the Court on the complaint filed by the Trustee to recover a preferential transfer. The parties have waived a trial and have agreed that the Court could decide this proceeding based exclusively on the pleadings filed, stipulations and memoranda of law. The pivotal issues for the Court to decide are whether Borden, Inc. (“Borden”) has a security interest ...
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OPINION Before the Court is the Complaint filed by Union National Bank & Trust Company of Souderton (“UNB”) objecting to the discharge of a debt arising out of a certain cheek issued by the Debtor, Bruce Robin Guest. UNB alleges that by issuing that check against insufficient funds, the Debtor obtained money by false pretenses, a false representation, or actual fraud which renders the...
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*185 FINDINGS OF FACT AND CONCLUSIONS OF LAW In this proceeding under Chapter 13 of the Bankruptcy Code, trial was held on the Objection of debtor Hung-Jung Huang (“Huang”) to the claim of New Asia Bank (“Bank”) filed in the amount of $31,254.66. Having considered stipulations of the parties, the evidence received at trial, and the arguments of counsel, the Court now makes an...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON BIFURCATED COMMON ISSUES The Court ordered a limited bifurcation of the four entitled Adversary eases for trial on common factual issues. Those issues were set for trial, evidence was taken, the parties rested, and trial arguments were heard. The Court now makes and enters Findings of Fact and Conclusions of Law pursuant to Fed.R.Bankr.P. 705...
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194 B.R. 230 (1996) In re Desiree CRUMMIE, Debtor. In re Antonio and Myrna YSAGUIRRE, Debtors. Bankruptcy Nos. 94-57951-ASW-OR, 95-51407-ASW-OR. United States Bankruptcy Court, N.D. California. March 20, 1996. *231 Marcia E. Gerston and Evelyn T. Crane (argued), Levy, Greenfield & Davidoff, San Jose, CA, for Creditor GMAC. James M. Lauderdale (argued), Law Offices of James M. Lauderdale, Mont...
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AMENDED MEMORANDUM DECISION The United States Trustee is asking the court to deny the final application for compensation and reimbursement of expenses filed by the law firm of Kravit, Gass & Weber, S.C. (KGW), counsel for Frank Pio Crivello as Chapter 11 debtor-in-possession. *464 The U.S. Trustee objects to KGW’s application on multiple grounds, including the law firm’s inel...
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AMENDED DECISION AND ORDER Four related matters are under consideration in this case. The debtor, Paul Lynott, is seeking an order pursuant to Fed. R.Bankr.P. 60(b), either vacating or clarifying an earlier order authorizing the Chapter 7 trustee to compromise a law suit that he (Lynott) filed prior to this bankruptcy. Related motions, by the Wisconsin Health Insurance Risk Sharing Plan (...
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ORDER This adversary proceeding is before the court on Plaintiffs motion for summary judgment. Plaintiff seeks to avoid Debtor’s transfer of real property as a fraudulent transfer pursuant to 11 U.S.C. § 548 or under state law pursuant to 11 U.S.C. § 544, or, alternatively, as a preferential transfer pursuant to 11 U.S.C. § 547. 2 Plaintiff also seeks summary judgment on Defend...
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ORDER ON MOTION FOR ASSESSMENT OF ATTORNEY’S FEES (#12) AND ORDER ON SUPPLEMENT TO MOTION FOR ASSESSMENT OF ATTORNEY’S FEES (#16) On April 14, 1995, in its Order on Motion for Assessment of Attorney’s Fees, this Court described the latest chapter in the ongoing battle between Earl J. and Wanda Sue Moulton (Debtors) and the United States (Government). The present matter is hopefully the conclusi...
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DECISION AND ORDER At Harrisonburg Roanoke in said District this 14th day of March, 1996: The matter before the court is the United States’ motion to dismiss the plaintiffs complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), which ap *325 plies to this adversary proceeding through Federal Rule of Bankruptcy Procedure ...
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MEMORANDUM This case is before the court upon the Amended and Restated Motion for Authority to Pay Certain Taxes filed by the Krystal Company, the debtor in this Chapter 11 case. The motion seeks permission of the court to pay in due course the real estate taxes that Krystal is obligated to pay under the terms of the numerous and various nonresidential real property leases to which it...
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MEMORANDUM OPINION ON MOTION TO COMPEL PAYMENT OF GARNISHED FUNDS INTO COURT On January 18, 1996, this Court conducted a hearing on the motion filed by the plaintiff, First Tennessee Bank National Association (“First Tennessee”) to compel payment of garnished funds into the Court or, in the alternative, to appoint a receiver 1 . At the hearing, First Tennessee announced that it...
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DECISION DENYING MOTION TO DISMISS Defendant has moved to dismiss the amended complaint with prejudice in this adversary proceeding commenced to determine the dischargeability of defendant’s credit card indebtedness to plaintiff under 11 U.S.C. § 523(a)(2)(A). This Court has jurisdiction of this core proceeding under 28 U.S.C. §§ 1334 and 157(a) and (b). The amended, complaint allege...
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194 B.R. 1 (1996) In re Alvin GOLDSTEIN, Debtor. Donald R. LASSMAN, as he is Trustee in Bankruptcy of Alvin Goldstein, Plaintiff, v. Alvin GOLDSTEIN, Individually and as Trustee of Appleton Trust, and Lisa Saladini, Defendants. Bankruptcy No. 93-18450-CJK. Adv. No. A95-1552. United States Bankruptcy Court, D. Massachusetts. March 29, 1996. *2 Thomas J. Raftery, Boston, MA, for Trustee. Robert S. ...
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OPINION ON THE MOTIONS OF UNITED STATES TRUSTEE AND TORT CLAIMANTS’ COMMITTEE FOR STAY PENDING APPEAL: MARCH 21,1996 ORDER On March 21, 1996, the Court entered an order denying various parties’ motions for the appointment of additional committees, etc., granting the physician claimants’ motion for appointment of an additional committee of physician claimants, and ordering the United S...
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Before this Court are cross-motions for summary judgment by Paul I. Krohn, Chapter 7 Trustee (hereinafter, the “Trustee”) of the estate of the Debtor, Dependable Food Products, Inc. (hereinafter, the “Debtor”), and ADM Milling Co. (hereinafter, “ADM”), the Defendant in this adversary proceeding. *663For the reasons that follow, we GRANT ADM’s motion for summary judgment and DENY the Trustee’s moti...
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MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DIS-CHARGEABILITY AND OBJECTION TO DISCHARGE The plaintiff, Mona Y. Sawyer, filed an adversary proceeding on March 17, 1995, alleging that a particular debt in the amount of $72,000 should be excepted from the debtors’ discharge pursuant to § 523 and in the alternative that the debtors’ general discharge should be denied pursuant to § 727. No p...
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194 B.R. 488 (1996) In re Franklyn C. LIMBAUGH, Laurie A. Limbaugh, Debtors. Bankruptcy No. 395-35375psh13. United States Bankruptcy Court, D. Oregon. April 3, 1996. *489 Todd Trierweiler, Portland, OR, for debtors. OPINION POLLY S. HIGDON, Bankruptcy Judge. This matter came before the court for confirmation of the debtors' Chapter 13 plan. In their plan the debtors have divided the claims of un...
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*293 MEMORANDUM OF OPINION Fredda Dressier (“Fredda” or “plaintiff’) asserts that obligations owed her by her former spouse, Chapter 7 debtor Michael B. Dressier (“Michael” or “debtor”), are excepted from discharge under § 523(a)(5) and § 523(a)(15). For the reasons set forth below, I conclude that, although a substantial portion of the indebtedness survives discharge because it ...
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Opinion INTRODUCTION Presently before the Court is the motion of secured creditor FTB Mortgage Services, Inc. (“FTB”) to dismiss Counts I, II and III of the Complaint filed by joint debtors Mark and Rosemary DuFrayne (“Debtors”). FTB moves to dismiss these counts pursuant to Rule. 12(b)(6) of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”) 1 on the basis that...
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MEMORANDUM DECISION Plaintiff Elizabeth Bodily (the “Plaintiff’) has sued her former husband, James Marvin Morris (the “Debtor”), to have declared non-dischargeable an equalization payment of $8,542.68 which the Superior Court ordered the Debtor to pay the Plaintiff. The equalization payment was intended by that court to equalize the responsibilities for payment of debts as well as the division...
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*1000 DECISION Addressed herein are cross-motions for summary judgment by Swiss Bank Corporation (hereinafter, “Swiss Bank”) and the City of New York (hereinafter, the “City”), seeking a determination of priority to proceeds of the sale of the Debtor’s real property, and related issues such as the applicable interest rate for purposes of the interest component of the City’s t...
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MEMORANDUM AND ORDER ON MOTIONS TO DISMISS UNDER CODE § 109(e) AND DETERMINE STATUS OF CLAIMS UNDER CODE § 506(a) The chapter 13 trustee has filed a motion to dismiss this case under § 1307(c) 1 because the debtors scheduled secured debt in excess of the amount permitted by § 109(e). In response, the debtors filed a motion to determine the status of claims under § 506(a) so tha...
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MEMORANDUM OPINION On consideration before the Court is a complaint filed by Condor One, Inc. (hereinafter “Condor”), to determine the extent and priority of Condor’s lien against certain accrued rents, and to require turnover or, alternatively, to enjoin the use of said funds. On July, 17, 1995, Condor filed the above-styled adversary proceeding. On the same day, Debtors filed their Comp...
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MEMORANDUM DECISION AND CERTIFICATION TO THE DISTRICT COURT On November 25, 1994, JOHN and ADRIANNE MURRAY, the Debtors, filed a motion for an expedited hearing and request for the turnover of the funds paid by them to a document preparation service. The Court issued an order to show cause to determine whether the document preparer had violated the newly enacted provisions of Section 308 ...
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ORDER ALLOWING THE INVOLUNTARY PETITION, AND ENTERING THE ORDER FOR RELIEF Heard on January 17, 1996, on the objection of the alleged Debtor, Peter Mayhew, to the involuntary Chapter 7 petition filed against Mayhew by Jane Landers. At the conclusion of the hearing, Landers was given additional time to file a supplemental memorandum. Upon consideration of the evidence presented, the arguments of ...
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MEMORANDUM OPINION This matter came on to be heard upon the Motion to Dismiss Adversary Proceeding filed herein by Debtor-Defendant, William R. Kelley (“Debtor”), seeking a dismissal of the above-captioned adversary proceeding filed by Plaintiff, The Employers Workers’ Compensation Association (“Plaintiff”). The Court held an evidentiary hearing on Debt- or’s Motion to Dismiss on February...
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MEMORANDUM OF DECISION AND ORDER THEREON This was an action to avoid alleged preferential transfers brought by Chapter 7 Trustee Samuel R. Biggs (the “Trustee”) on August 5, 1994. The defendant, Smith Barney, Inc., is the successor in interest to Lehman Brothers, Inc., formerly known as Shearson Lehman Brothers, Inc. (“Shearson”). Both Shearson and Smith Barney are stockbrokers. On April ...
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The computer revolution has transformed the work places and working methods of America. Law and the legal profession are hardly immune from these changes. For example, keepers of public records have computerized their data bases, all for the sake of efficiency and precision. Is it possible, however, to become so efficient and precise that one forsakes the recognition which law often accords to su...
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DECISION ON DEBTOR’S MOTION OBJECTING TO CLAIM FILED BY GENERAL MARINE INDUSTRIES, INC. Before the Court is the motion of the debtor, G. Marine Diesel Corp., (the “Debt- or”) objecting to the claim filed by General Marine Industries, Inc. (“GMI”) against the estate for services rendered and materials furnished as a subcontractor to the Debtor. This Court held healings to consider the objection ...
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DECISION DENYING DISCHARGE OF DEBT PURSUANT TO 11 U.S.C. § 523(a)(2)(A) This matter is before the Court pursuant to an adversary proceeding commenced by Ilisa and Scott Daly (the “Plaintiffs”) against David and Martha Braizblot (the “Debtors” or the “Defendants”) seeking to have the debt owed to the Plaintiffs in the amount of $113,000 plus interest in the amount of $38,-994 deemed non-diseharg...
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OPINION A INTRODUCTION The Plaintiffs in the instant proceeding (“the Proceeding”), LINDACAROL CHERKEN GRAHAM, the estranged wife (“the Wife”); LORNA G. CHERKEN, the mother-in-law (“the Mother”); and HARRY S. CHERKEN, the brother-in-law (“the Brother”), respectively, of MARK G. GRAHAM, M.D. (“the Debtor”), challenge the dischargeability of the Debtor’s respective indebtedness...
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MEMORANDUM OF DECISION ON MOTION FOR RECONSIDERATION I.JURISDICTION The above-captioned matter is before this Court for decision. The United States District Court for the District of Connecticut has jurisdiction over the instant matter by virtue of 28 U.S.C. § 1334(b); and this Court derives its authority to hear and determine the matter on reference from the District Court pursuant to 28 U.S.C. ...
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194 B.R. 416 (1996) In re Thomas K. LEASK and Sandra K. Leask, Debtors. Bankruptcy No. 96-40066. United States Bankruptcy Court, E.D. Texas, Sherman Division. April 2, 1996. *417 Ronald Gaswirth, Gardere & Wynne, L.L.P., Dallas, Texas, for Fritz Industries, Inc. Brad Campbell, Campbell & Williams, L.L.P., Dallas, Texas, for Debtors. OPINION DONALD R. SHARP, Bankruptcy Judge. COMES NOW be...
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ORDER In this adversary proceeding, the Chapter 7 Panel Trustee (“Trustee”) filed a complaint on July 28, 1995, to avoid transfer of real property as an alleged fraudulent conveyance. The Defendants, Debtor Genia Gale Demis Eggebrecht, E. Howard Eggebrecht, et al., (“Defendants”) in the action filed an amended answer July 31, 1995, denying the substantive basis of the complaint, and pleading four...
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MEMORANDUM OPINION ON RECONSIDERATION OF ORDER DETERMINING DISCHARGEABILITY OF TAX DEBT AND MEMORANDUM OPINION ON EQUITABLE ISSUES OF DISCHARGEABILITY OF TAX DEBT I. Procedure In its Memorandum Opinion and Order of January 9,1995 this Court considered whether the Internal Revenue Service should be allowed additional time to collect past due taxes from this debtor. The Court began its...
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ORDER The above-captioned matter came on for trial on February 27,1996 on Plaintiffs’ Complaint Objecting to Discharge of Debtor. Plaintiffs Jodie Dutton, John Mally and Jaco-lyn Mally were represented by attorney Henry Nathanson. Debtor/Defendant Sylvia J. Kondora appeared with her attorney, Michael Mollman. Intervenor Steven Kondora appeared with his attorney, Steven Howes. After pr...
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ORDER This adversary proceeding is before the court following trial. Plaintiff seeks a determination that the $10,000 obligation owed to her by Debtor is nondischargeable support pursuant to § 523(a)(5). Debtor argues that the obligation is a dischargeable property division. FINDINGS OF FACT Plaintiff and Debtor were married in 1982. The parties have no children of the marriage. After six...
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OPINION CAME ON FOR HEARING before the Court the Emergency Motion for Reconsideration of Order Granting Debtor’s First Amended Motion to Avoid Transfer Pursuant to Sections 549 and 544 (“Motion for Reconsideration”) and the Amended Motion for Relief from Automatic Stay to Permit Eviction Proceedings and Request for Hearing without Waiver of 30-Day Hearing Requirement (“Stay Motion”) b...
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OPINION The Court heard Debtors’ Objection to Allowance of Claim of Internal Revenue Service (IRS) pursuant to regular setting. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr.Proc. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND Debtors filed their Chapter 13 petition on October 5, 1994. On ...
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Opinion Introduction. Before the Court is a Motion by the above Debtor, Liberty Cab & Limousine Co., Inc., under 11 U.S.C. § 1113(d)(1) for permission to modify the terms of a collective bargaining agreement with certain drivers represented by Teamsters Union Local 115 (hereinafter the “Union”). The Debtor’s request for relief was originally heard on an expedited basis and, a...
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OPINION COMES NOW before the Court Kitty Hawk Charters, Inc.’s Motion to Terminate Debtor’s Exclusive Period in which to File and Obtain Acceptances of a Plan of Reorganization and Express One International, Inc.’s Motion to Extend Exclusivity Period Pursuant to 11 U.S.C. § 1121. Since both motions deal with the exclusivity period, the Court combined the motions for hearing. This opinion cons...
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OPINION COMES NOW before the Court for consideration the Original Complaint to Determine Dischargeability of Debt and to Object to Discharge. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr.P. 7052, and disposes of all issues before the Court. FINDINGS OF FACT David Townsley (“Townsley”) has developed a c...
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OPINION COMES NOW before the Court for consideration Debtor’s Second Amended Disclosure Statement and the Disclosure Statement filed by the Official Polybutylene Claimant’s Committee (the “PB Committee”). Debtor and the PB Committee also have competing Plans on file. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr. Proc. 7052 ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court pursuant to the Trustee’s Complaint to Avoid and Recover Preferential and/or Post-Petition Transfers. A hearing was held on May 8, 1995. Upon the subsequent filing of stipulations and briefs, the Court took the matter under advisement. JURISDICTION The Court has jurisdiction over this proceeding. 28 U.S.C. §...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding relates to the bankruptcy case filed by James Halas, (“Halas” or “Debtor”), under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Ron Ohr, Sr. (“Movant” or “Ohr”), a creditor in this ease, moved to have the automatic stay under 11 U.S.C. § 362 annulled retroactively. Movant allegedly bought the real estate t...
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ORDER This matter comes before the Court upon a motion to be employed by the Debtor on a nunc pro tunc basis (the “Motion”) filed by the law firm of Robinson, Barton, McCarthy & Calloway, P.A., (the “Law Firm”) on January 24, 1996. Pursuant to order of the Court, the matter was scheduled for an expedited hearing after service on all creditors and parties in interest. The United...
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MEMORANDUM OPINION ON DEBTOR’S MOTION FOR TURNOVER This contested proceeding relates to a voluntary petition for relief filed under Chapter 7 of the Bankruptcy Code by debtor Lutvi Dalip (“Debtor”) on October 26,1995. Debt- or seeks by motion to adjudicate his right to an escrow fund resulting from pre-bankrupt-cy sale of his home, although he originally agreed for that fund to be pai...
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ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY This matter came before the Court on the motion of Joy M. Ackerman (“Mrs. Acker-man”) for relief from the automatic stay. Mrs. Ackerman sought relief from the stay in order to prosecute an action seeking equitable apportionment of the marital property in the Family Court of the State of South Carolina, Colleton County (“Family Court”). Ralph C. McCu...
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194 B.R. 429 (1996) In re LUNAN FAMILY RESTAURANTS, Debtor. MARRIOTT FAMILY RESTAURANTS, INC., Plaintiff, v. LUNAN FAMILY RESTAURANTS and Bank of America Illinois, Defendants. BANK OF AMERICA ILLINOIS, Cross-Plaintiff and Counterplaintiff, v. LUNAN FAMILY RESTAURANTS, Cross-Defendant, and Marriott Family Restaurants, Counterdefendant. Bankruptcy No. 94 B 21227. Adv. No. 95 A 00110. United States ...
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MEMORANDUM OPINION ON TEMPORARY ALLOWANCE OF RICO CLAIMS UNDER RULE 3018(A) FOR VOTING Introduction On March 31,1995, three creditors, including Hatley Sales Corp. and Label-Tek, Inc., filed an involuntary petition against Hydrox Chemical Company, Inc. (“Hydrox” or “Debt- or”), producer of health care supplies. Subsequently, American Packaging Products, Inc., Coleman Chemical...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL ON COUNT II This Adversary proceeding relates to the joint bankruptcy case filed by Bruce Barr and Paula Barr (collectively “Debtors” or the “Barrs”), under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. The plaintiffs, Dr. Keith Rezin and Sue Rezin (collectively “Plaintiffs” or “the Rez-ins”), allege that they ho...
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MEMORANDUM OPINION The Court has before it the objections of the Chapter 7 Trustee and the United States Trustee to the proof of claim filed by Pach-man & Oshrin, P.C., a law firm that repre *4 sented the Debtor prepetition in a divorce action in New York and which asserts that it holds a secured claim for legal services in the amount of $5,000. (Proof of Claim No. 6.) A ...
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MEMORANDUM OPINION This matter comes before the Court on the motion of Jack McCullough, the Chapter 13 Standing Trustee (the “Trustee”), to dismiss this case with a request for a bar to refiling under 11 U.S.C. § 109(g)(1), and on the motion of Anthony and Angeline Herrera (collectively the “Debtors”) for a finding of a willful violation of the automatic stay under 11 U.S.C. § 362(a) ...
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ORDER OVERRULING OBJECTION BY UNITED STATES TRUSTEE TO DEBTOR’S MOTION FOR FINAL DECREE This case came on for hearing on March 6, 1996, on the Objection by United States Trustee to Debtor’s Motion for Final Decree (the “Objection”) (Doc. No. 118). An order confirming the plan of reorganization filed by the debtor, Central Florida Electric, Inc. (the “Debtor”), was entered on October 2...
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DECISION ON DEBTORS’ MOTION TO DISMISS COMPLAINT SEEKING SPECIFIC PERFORMANCE OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ON GROUNDS THAT, INTER ALIA, RELIEF IS PRECLUDED BY THE RULE AGAINST PERPETUITIES Bradlees, Inc. (“Bradlees”), and an affiliated company, New Horizons of Westbury, Inc. (“Horizons” and together with Bradlees, the “Debtors”) seek to dismiss, the amended complaint f...
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DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF WEST VIRGINIA WORKERS’ COMPENSATION FUND The Chapter 11 Successor Trustee (the “Trustee”) of Olga Coal Company (the “Debtor”) requests this court to determine *743 whether proofs of claim, filed by the State of West Virginia Workers’ Compensation Division (the “State” or the “Fund”), are entitled to administrative or tax priorit...
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MEMORANDUM OPINION AND ORDER In this Chapter 7 case, debtor’s former wife and father-in-law seek a judgment of nondischargeability of debts from a Property Settlement Agreement and a Decree of Dissolution of Marriage pursuant to 11 U.S.C. § 523(a)(2)(A) for debts incurred by fraud; (a)(5) for support debts; and (a)(6) for debts due to willful and malicious injury. The wife’s lawyer also seeks...
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ORDER THIS MATTER comes before the Court upon the Debtor’s Motion to Reopen pursuant to 11 U.S.C. § 350. 1 The sole objection to the Debtor’s motion was filed by Frank E. Fowler (“Mr. Fowler”). After receiving the testimony, carefully considering all the evidence and weighing the credibiKty of the witnesses, the Court makes the foKowing Findings of Fact and Conclusions of Law p...
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ORDER DETERMINING DEBT DISCHARGEABLE This matter came on for trial before the Court on January 17, 1996. Debtor, Zoe Vazquez, is seeking discharge of a student loan pursuant to § 523(a)(8)(B) 1 as an undue hardship on the Debtor. The Court, having considered the documentary evidence, having observed the candor and demeanor of the witnesses, having considered the arguments o...
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OPINION Seeking to enforce a noncompetition clause in its franchise agreement, The Maids International, Inc. (“Maids”) has brought this complaint to enjoin Michael E. Ward and Angela L. Ward (the “Debtors”) from owning or operating a maintenance and cleaning service within a fifty mile radius of the franchised territory. Maids contends neither the Debtors’ bankruptcy filing nor reject...
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MEMORANDUM ORDER This matter is before the Court on the Motion to Dismiss filed by the debtors, Richard and Laura Perkey, and the Motion For Leave to Intervene as Party Plaintiff filed by the Chapter 7 Trustee, John C. Reed. Facts On October 25, 1995, Richard and Laura Perkey filed a petition for relief under Chapter 7 of the Bankruptcy Code. John C. Reed was appointed T...
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MEMORANDUM OF DECISION ON MOTION OF THE UNITED STATES FOR DECLARATION REGARDING RIGHT OF RECOUPMENT OR, IN THE ALTERNATIVE, FOR RELIEF FROM THE AUTOMATIC STAY OR ADEQUATE PROTECTION The United States of America, on behalf of its Department of Education, has moved for a declaration that it has a valid defense of recoupment to a claim asserted against it by the Debtor or, in the alterna...
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ORDER DENYING PLAINTIFF’S MOTION TO COMPEL RELEASE OF FUNDS THIS CAUSE came on for hearing before the Court on January 2,1996 upon the Plaintiffs Emergency Motion to Compel the Release of Funds, and having reviewed the Motion, heard argument of counsel, and being otherwise fully advised in the premises, the Court finds as follows: Patrick Pierre (“Debtor”) filed a voluntary petition for rehef un...
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MEMORANDUM OPINION I. The Road to Trial Having filed a petition under chapter 7 of the Bankruptcy Code on September 10,1993, Lester L. Robinson, the defendant-debtor (“Robinson”) in this matter, put in motion a sequence of events one of the first of which required his creditors to assess whether a basis existed to contest all or a portion of the discharging of his debts. The ...
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ORDER This matter came before the Court on February 5, 1996, for a hearing on the “Motion to Be Employed as Counsel for the Debtor Nunc Pro Tunc ” (the “Motion”) filed by Robinson, Barton, McCarthy & Calloway, *401 P.A. (the “Law Firm”) as well as its third application for fees and expenses dated November 29, 1995 in the amount of $50,231.64 (the “Third Application...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon the United States’, on behalf of its Internal Revenue Service (IRS), objection to confirmation of debtor’s Chapter 13 plan. After a confirmation hearing on February 13, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Debtor filed for relief under Chapter 13 of t...
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ORDER DENYING TRUSTEE’S MOTION TO COMPEL DEBTOR TO UNDERGO PHYSICAL EXAMINATION THIS MATTER came before the Court on the 27th day of February, 1996, the date set for hearing on the Trustee’s Motion seeking to compel the Debtor to undergo a physical examination and, implicitly, to allow a policy of life insurance to be taken out insuring his life. The underlying facts are not in disput...
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ORDER Chapter 7 THIS MATTER comes before the Court upon the Debtor’s Motion to Dismiss or in *390the Alternative, Motion for Summary Judgment (the “Motions”). After reviewing the pleadings and the evidence presented along with arguments of counsel for the Plaintiff and the Debtor, who is appearing pro se, the Court makes the following Findings of Fact and Conclusions of Law pursuant to Rule 52 of...
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MEMORANDUM At Saint Louis, in this District, this 29th day of March, 1996. The matter is before the Court on a complaint by Sarah Pleban (“Plaintiff’) to determine the dischargeability of a debt owed to her by Lynda Kyle O’Toole (“Debtor”) for guardian ad litem (“GAL”) fees awarded pursuant to a state court order. It is the Plaintiffs contention that GAL fees are in the nature of support ...
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MEMORANDUM This matter concerns the Amended Complaint to Determine Dischargeability filed on behalf of The North River Insurance Company (“Plaintiff’). The Court announced its determinations and orders from the bench after a trial on October 17, 1994. These determinations have been reduced to writing as a result of a request from persons affected by this ruling. This is a core proceeding pu...
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MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS OR TO TRANSFER CASE TO PROPER VENUE The contested matter before the Court is the motion filed by a creditor, Charles F. Timbs, III, to dismiss this voluntary chapter 7 case for improper venue or to transfer the case to the Northern District of Mississippi. The debtor opposes the motion and no other party in interest appeared in support of ...
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MEMORANDUM OF DECISION ON OBJECTION TO CLAIMS OF EXEMPTION The above-captioned matter requires the Court to determine the propriety of certain claims of exemption made by the Debtors, *541 most notably their claim to a “homestead” exemption pursuant to Section 52-352b(t) of the Connecticut General Statutes. For the reasons stated below, the Court determines, inter alia,...
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*545MEMORANDUM OF DECISION ON MOTION TO AVOID JUDICIAL LIEN This Memorandum of Decision is a companion to a Memorandum of Decision and Order on Objection to Claims of Exemption (hereafter referred to as the “Exemption Opinion”) also entered this day. In the Exemption Opinion this Court determined the extent of the Debtors’ entitlement to a homestead exemption pursuant to C.G.S. § 52-352b(t). This...
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MEMORANDUM OF DECISION The Debtor, Roger G. Carlson, applied for, and will receive, approximately $3,624.00 from the Independent School District of Boise City in July of this year. The payment will be made to the Debtor under the provisions of the Boise City Independent School District Early Retirement Incentive Program (“ERIP”). The chapter 7 Trustee contends these funds are property of the chapt...
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DECISION & ORDER BACKGROUND On November 21, 1995, Bernard and Dana Nevería (the “Debtors”) filed a Petition initiating a Chapter 13 case. On their schedules, the Debtors showed their joint ownership of a residence at 266 Westchester Avenue, Rochester, New York (“Westchester”), and further indicated that: (1) the property had a fair market appraised value of $78,500.00; (2) there was ...
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MEMORANDUM DECISION I. Introduction * The debtor in this Chapter 13 case (“Debt- or”) has proposed a Chapter 13 plan whereby she will pay secured creditors in full, with no dividend to be paid to unsecured creditors. The plan attempts to deny priority (and thus leave completely unpaid) attorney’s fees and expenses that are part of a state court judgment in an action fo...
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ORDER Currently before the Court in this case is the Motion to Extend Time for Filing Notice of Appeal of William Michael Robinson (hereinafter “the Debtor”). Through this Motion, the Debtor asks the Court to find that he excusably neglected to file an appeal of a March 4, 1996 Order, wherein partial summary judgment of nondischargeability was entered against him on the bankruptcy cla...
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MEMORANDUM This case is presently before the court upon the objection filed by Wachovia Bank of South Carolina (‘Wachovia”) to the debtors’ claim of exemptions in certain personal property owned by them. Wachovia alleges that the exemptions should be denied because the debtors have substantially undervalued their property and have acted in bad faith by their prepetition transfers of c...
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ORDER Currently before the Court in this matter is the Motion for Relief from Final Judgment of the Board of Regents of the University System of Georgia (hereinafter “the University”). Through this Motion, the University asks the Court to find that circumstances of excusable neglect require it to vacate its Orders dated January 11, and 81, 1996, wherein it granted summary judgment and...
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*883 MEMORANDUM DECISION Katherine Baker, (“Debtor”) moves this Court for an order modifying her Chapter 13 plan to compensate for a reduction in her disposable income due to the death of her husband and former co-debtor Tal Baker. The Chapter 13 trustee (“Trustee”) opposes the motion because the Debtor has failed to include certain life insurance proceeds in her calculation of “projected dis...
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DECISION ON TRUSTEE’S MOTION TO DISALLOW CLAIM OF X-RAY EQUIPMENT COMPANY I. INTRODUCTION Alan Nisselson, the Chapter 7 trustee (the “Trustee”) of Mid-Miami Diagnostics, LLP (the “Debtor”), has moved for an order disallowing and expunging the claim of X-Ray Equipment Company (“X-Ray”) on the grounds that the claim is tardily filed. X-Ray opposes the motion on the grounds that it ...
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*671 ORDER ON MOTION FOR SUMMARY JUDGMENT AS TO CHOICE OF LAW I. INTRODUCTION THIS CAUSE came on for consideration upon Cross Motions for Summary Judgment. This Court has considered all arguments and evidence, including the entire record for this case, consistent with a ruling on a motion for summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252...
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ORDER DENYING, IN PART, DEBTORS’ MOTION FOR RECONSIDERATION Heard on February 12 and 13, 1996, on the Debtors’ Emergency Motion for Reconsideration of our January 29, 1996 Order appointing separate trustees in each of the above captioned Chapter 11 cases. It is alleged that the United States Trustee is unable to provide people willing to serve as trustee in these cases, because the Debtors’ *808...
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THIS MATTER comes before the court on Health Resources of Wayne, Inc.’s (“Health Resources”), motion for legal fees and costs pursuant to §§ 503(b)(3)(D) and (4) of the United States Bankruptcy Code (“Code”), 11 U.S.C. et seq. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and the Standing Order of Reference by the United States District Court of New Jersey dated July ...
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*639 OPINION The debtor Larry L. Greatwood appeals an order of the bankruptcy court granting a motion of the United States to dismiss the debtor’s Chapter 13 case for bad faith due to the debtor’s failure to file federal income tax returns and failure to confirm his Chapter 13 plan. We find that the “Statements in Lieu of U.S. Income Tax Form 1040 or 1040NR” filed by the debt...
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OPINION Before the Court is the Joint Motion of Michael Kaliner, Trustee and Larry Moses, Debtor (“Movants”) To Vacate Order of May 16, 1995 Granting Partial Relief Lifting Stay (the “Motion”). The Motion requires us to once again explore the murky confluence of state domestic relations law and federal bankruptcy law. See In re Bennett, 175 B.R. 181 (Bankr.E.D.Pa.1994). For the reasons stated b...
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MEMORANDUM OPINION Debtor filed for rehabilitation under Chapter 13. The standing Chapter 13 Trustee found several problems with the listed income, the listed expenses and the value placed on debtor’s automobile. It appears to the Court that the amended schedules I and J cure the income and expense concerns, although the Court suggests that the Trustee cheek debtor’s tax return next spring to...
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RULING ON CREDITORS’ COMMITTEE APPLICATION TO RETAIN COUNSEL On June 20, 1995 an involuntary petition for relief pursuant to Chapter 7 of Title 11 of the United States Code was filed against the debtor. The case was converted to Chapter 11 on July 11, 1995. After an evidentiary hearing the Court entered an order pursuant to 11 U.S.C. § 1104 for the appointment of a trustee, and the truste...
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Before the Court is the final fee application of Marcus Montgomery P.C. (the “Marcus Firm” or “Marcus”) pursuant to Bankruptcy Code sections 503(b)(3)(D) and (4), seeking compensation for professional legal services and reimbursement of its actual, necessary expenses in the total sum of $87,-583.69. This Court held a hearing to consider the application on February 13, 1996 at which time the Court...
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DECISION GRANTING MOTION FOR AN ORDER VACATING THE PERMANENT INJUNCTION The Debtors filed a joint voluntary petition under Chapter 7 of the Bankruptcy Code on May 16, 1995 (“the Filing Date”). The last date for filing claims against the Debtors’ estates and to file complaints objecting to discharge and dischargeability of individual debts pursuant to sections 727 and 523 of the Bankruptcy Code ...
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OPINION Before the Court is the complaint (“Complaint”) of Debtor, Barbara Farris (“Debt- or”), objecting to the proof of claim filed by Jefferson Bank (“Jefferson”). 1 Debtor seeks *933 to have this Court disallow Jefferson’s claim in its entirety as violative of the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq. (“ECOA”). 2 F...
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MEMORANDUM OPINION This matter is before the Court on a complaint filed by Gerald McGinnis (“Plaintiff’), requesting the Court to determine that an obligation incurred by debtor/defendant, Thelma McGinnis (“Debtor”), pursuant to the parties divorce decree is nondischargeable pursuant to 11 U.S.C. § 523(a)(15) of the United States Bankruptcy Code. The trial in this matter was held on the 2nd day...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon an Objection to Debtor’s Claim of Exemptions *924 filed by Locomotion Properties, Ltd. (hereinafter “Locomotion”), a creditor of Debtor and a Motion to Continue and Consolidate Hearing on Objection to Exemptions also filed by Locomotion. A hearing was held on February 8, 1996 and the parties subseq...
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MEMORANDUM OPINION This matter came before the Court on the United States of America’s Motion to Dismiss (Doe. 27A), and the Debtor’s Amended Motion to Reconsider and Vacate Order Granting Motion of the United States of America for Summary Judgment on Debtor’s Objection to Claim (Doc. 37). Appearing before the Court were Albert Lagano, counsel for the Debtor, Evelyn V. Hahn; and Karen Gable a...
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ORDER DENYING MOTION FOR SUMMARY JUDGMENT Debtor Deborah Ann Kraft (“debtor”) is indebted to Plaintiff Princess House, Inc. (“plaintiff’) in the amount of $439,817.00 pursuant to a judgment obtained by plaintiff in the United States District Court-Western District of Missouri (the “District Court”) on November 4, 1994. Plaintiff brought an adversary proceeding in debtor’s Chapter 11 bankruptcy c...
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MEMORANDUM OF DECISION In this adversary proceeding, the parties, Edlee Taft Lilly and Louella Lee Lilly (the “Debtors”), and the Internal Revenue Service of the United States (the “Service”) have filed cross-motions for summary judgment. FACTUAL BACKGROUND The Service conducted an audit of the Debtors’ income tax return for 1981. The Debtors appealed the Service’s audit determination to the Ser...
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ORDER ON MOTIONS TO DISMISS THIS CASE came before the Court to consider the Motion to Dismiss filed by the United States of America (the United States), and also the Motion to Dismiss filed by Terry E. Smith, the standing Chapter 13 Trustee (the Trustee). The United States asserts that Roger William Wineek, Jr. (the Debtor) filed this Chapter 13 case merely to hinder ■ the United States in its ...
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OPINION ON DEBTOR’S MOTION TO REDUCE PROOF OF CLAIM At issue here is the valuation of an automobile owned by the debtor, Ethel Y. Maddox. Chrysler Financial Corporation holds a security interest in the vehicle, and is un-dersecured. The purpose of the valuation is to determine the amount of Chrysler’s allowed secured claim that will be paid through debtor’s Chapter 13 cram down plan. ...
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MEMORANDUM OF DECISION AND ORDER SUSTAINING DEBTOR’S OBJECTION TO THE CLAIM OF THE INDUSTRIAL COMMISSION OF ARIZONA This contested matter concerns whether or not the claim of the Industrial Commission of Arizona qualifies for the Bankruptcy Code’s tax priority. The answer requires that I define the noun “tax.” One would think that this fundamental, unambiguous term was uniformly well defined ...
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MEMORANDUM OF DECISION James C. Strickland and H. Elaine Strickland (the “Debtors”) object to the priority claims of the Internal Revenue Service (“Service”) for tax years 1990 and 1991 and the priority claim of the Idaho State Tax Commission (the “Tax Commission”) for the 1991 tax year. FACTUAL BACKGROUND The Debtors’ federal income tax returns for tax years 1990 and 1991 w...
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ORDER This matter came on for hearing on the Involuntary Petitions of Gulf Chrysler-Plymouth-Dodge, Inc. for orders of relief in the above styled cases. Appearances were as noted in the record. And it appearing to the Court from the testimony taken at said hearing, the testimony taken at the hearing to appoint interim trustees which was incorporated by agreement into this hearing, and...
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MEMORANDUM OF DECISION RE: CONFIRMATION OF PLAN DATED SEPTEMBER 13, 1995 The matter before the Court is the confirmation of Debtors’ plan dated September 13, 1995 and the objections thereto. This is a core proceeding under 28 U.S.C. § 157(b)(2). This Memorandum and accompanying Order shall constitute the Court’s findings and conclusions under Fed.R.Bankr.P. 7052. As set forth below, the Court c...
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MEMORANDUM OF OPINION ON HOMESTEAD The State National Bank of Big Spring, Texas 1 (Bank) objected to the claim by Richard Lee Leonard and Stephanie Jo Leonard (Leonards) of property in Midland, Texas as their residential homestead. The court finds that the Leonards had not abandoned the property as their homestead and that the Bank’s objection should be denied. 2 F...
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OPINION Plaintiff, the County of Berks (“Plaintiff’), filed this complaint seeking a determination that the debt owed to it by Debtor is nondis-chargeable under 11 U.S.C. § 523(a)(7) since it is based upon two judgments which arose from Debtor’s suretyship status on two forfeited bail bonds. Debtor’s answer to the complaint avers that he was neither the criminal defendant who forfeited bail b...
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MEMORANDUM OPINION Presently before the court is the Motion to Prohibit the Use of Cash Collateral of Patio Rooms Corporation (“Creditor” or “Movant”) (“Creditor’s Motion” or “Movant’s Motion”), which raises the issue of whether postpetition payments made under prepetition home improvement contracts are subject to a prepetition security interest in a debtor’s accounts receivable. Beca...
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195 B.R. 221 (1996) In re Victor Martinez AMEZAGA, Elsie Awilda Rivas Bruno, Debtors. ARP and the SEVERAL AIR CARRIERS, Plaintiffs, v. Victor Martinez AMEZAGA, Elsie Awilda Rivas Bruno, Defendants. Bankruptcy No. 92-03943. Adv. No. 93-0120. United States Bankruptcy Court, D. Puerto Rico. April 4, 1996. *222 *223 Lawrence E. Duffy, Martinez Alvarez, Fernandez Paoli, Mendez Monroig, Menendez Cortad...
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MEMORANDUM OPINION THIS MATTER came before the Court upon the motion of the trustee to employ special counsel to pursue a claim against the debtor for fraudulent transfer. The debtor objects to the motion on the grounds that the claim has been abandoned by the trustee. The Court having considered the briefs submitted by counsel, examined the petition, schedules and statements of the d...
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RULING ON MOTION TO MODIFY SCHEDULING ORDER I. ISSUE William F. Celani, the plaintiff and former husband of the Chapter 7 debtor, Kathleen Mary Celani (the “Debtor”), on May 4, 1995, filed a complaint requesting that the court declare certain debts owed him by the Debt- or nondischargeable pursuant to 11 U.S.C. § 523(a)(15). 1 The court, on September 11, 1995, issued a scheduling orde...
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MEMORANDUM OPINION A hearing was held on March 25, 1996, on the motion filed by Principal Mutual Life Insurance Company (“Principal Mutual”) on February 13, 1996, for relief from the automatic stay in the case of Lakeside Associates, L.P. (“Lakeside” or “the debtor”) in order to foreclose under a deed of trust or, in the alternative, for dismissal of the case. At the conclusion of the hearing the ...
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MEMORANDUM OPINION Objections to secured claims filed by the respective debtors in each of these cases against Chevy Chase Bank (the “Bank”) raise identical issues of law and present many facts in common. Accordingly, this joint Memorandum Opinion shall be filed in each case. Facts and Conclusions of Law The Bank claims a secured interest in goods “sold” by two home impr...
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OPINION Debtor Mark G. Thorson (“Thorson”) has appealed a summary judgment of nondis-chargeability of his student loan. Thorson argued that deferments granted post-due date were not required to be deducted from the prepetition repayment period, the length of which determines the loan’s dischargeability in bankruptcy. This is a matter of first impression. Finding no support for Thor-son’s theo...
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MEMORANDUM OPINION By M. BRUCE McCULLOUGH, Bankruptcy Judge, for the Court en banc with BERNARD MARKOVITZ, Chief Judge, and WARREN W. BENTZ, JUDITH K. FITZGERALD and JOSEPH L. COSETTI, Bankruptcy Judges. STATEMENT OF FACTS This adversary proceeding is decided collectively by the judges of the Bankruptcy Court for the Western District of Pennsylvania sitting' en banc. ...
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OPINION STATEMENT OF FACTS On December 22, 1994, the appellant Carl I. Brown and Company commenced a trustee sale to foreclose its deed of trust against the debtors’ residence. The foreclosure sale date was set for March 24, 1995. On January 25, 1995, the debtors Harold and Betty Anderson filed a Chapter 13 petition. Their case was subsequently dismissed on February 16, 1995 ...
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OPINION Dr. Gerald Wolfe appeals an order of the bankruptcy court sustaining an objection to his claim and allowing a general prepetition unsecured claim against the estate for $470,-000. We reverse and remand. *860 STATEMENT OF THE FACTS The salient facts of this case are not in dispute. The debtor Leisure Time Sports, Inc. and Dr. Gerald Wolfe entered into a m...
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OPINION STATEMENT OF FACTS The debtors William and Darlene Aider-man filed Chapter 13 on August 6, 1992 and their third amended plan was ordered confirmed February 16, 1993. At the time of filing, the debtors were partners in the Alderman Ranch Partnership which owned certain real property of which William Alderman held a 12.2% interest. The debtors had previously filed a Declaration of Homes...
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OPINION OVERVIEW The debtor abandoned her leased office space two years prepetition, with 46 months remaining under the lease term. The lessor filed claims for two months past due rent owing as of the date of abandonment and for the remaining rent due under the lease term up to the date it filed its proofs of claim. Section 502(b)(6) of the Bankruptcy Code circumscribes allowance...
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OPINION In this case Robert Bitters (“Bitters”), an unsecured creditor and former employee of the debtor, Networks Electronic Corp. (“NEC”), has appealed the bankruptcy court’s limitation of his damage claim based on an employment contract action. Moreover, Bitters contends that NEC’s objection to his claim was untimely and prejudicial. We affirm. STATEMENT OF FACTS NEC filed a voluntary ...
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OPINION A INTRODUCTION In the instant proceeding (“the Proceeding”), MICHAEL A CARUSO, d/b/a OMEGA FOOD INDUSTRIES (“the Plaintiff’), originally challenged our granting a discharge to SAMUEL SEGAL (“the Debtor”) solely on the basis of 11 U.S.C. § 727(a)(4)(A). The claim set forth in the original Complaint was restricted to aver-ments that the Debtor untruthfully stated th...
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MEMORANDUM OPINION This matter is before the court on the Objection to Debtor’s Claim of Exemption of LaSalle National Bank Northbrook *388 (“Bank”). 1 Jerome D. Baker (“Debtor”) claimed as exempt his interest in the Bakco Data, Inc. Profit Sharing Plan and Trust pursuant to § 522(b) of the Bankruptcy Code. 2 The Debtor argues that this interest is not p...
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MEMORANDUM OF DECISION In this action John M. Doughty, a discharged Chapter 7 debtor, seeks an order enforcing § 524’s discharge injunction to halt continuation of a state court tort suit that was instituted by Lisa and Mark Holt before his bankruptcy. 1 For the reasons set forth below, I conclude that although Doughty’s potential personal tort liability to the Holts has be...
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MEMORANDUM OPINION A medieval scholastic would appreciate this opinion representing the undersigned judge’s foray into the thicket of expanding case law on the simple question of whether a debtor should be able to reopen a chapter 7 no-asset bankruptcy case to add an omitted creditor to the schedules. Even more engrossing to said scholastic would be the truly metaphysical questions pr...
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DECISION The issue presented is whether the dis-chargeability of Dr. Thomas TansH’s Health Education Assistance Loans (“HEAL”) in his most recent chapter 7 bankruptcy case is controlled by Title 42 (Public Health Service Act) or by Title 11 (United States Bankruptcy Code) §§ 523(a)(8) and 523(b). 1 Cross motions for summary judgment have been presented together with a stipula...
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OPINION A INTRODUCTION The parties to the above-captioned adversary proceeding (“the Proceeding”) present, at this juncture in the Proceeding, the issue of whether punitive damages and pre-judgment and post-judgment interest should be included within the nondischargeable amount of debt based on a judgment for compensatory damages which WALTER J. CLAYTON, JR. (“the Debtor”) no...
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MEMORANDUM OF DECISION ON OBJECTION TO DISCHARGE I. Constantinos Pelarinos, the plaintiff and a creditor of the Chapter 7 debtor, Genevieve Henderson, (the “Debtor”) filed a complaint pursuant to 11 U.S.C. § 727(a)(3)1 objecting to the Debtor’s discharge. The complaint asserts that the Debtor “concealed, destroyed and/or failed to keep or preserve any recorded information or documentation from w...
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MEMORANDUM OPINION This matter came before the Court on a Motion by Debtors’ for Reconsideration of Order Dismissing Case (Doc. 29). Appearing before the Court were Charles D. Tobias, Jr., pro se; and Karen Gable, attorney for the United States of America. After reviewing the motion, argument of counsel, and authorities for their respective positions, the Court makes the following Findings of...
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OPINION DISQUALIFYING BRYAN CAVE AS COUNSEL FOR DEFENDANT INTRODUCTION The reorganized debtor in this case, which has brought this adversary proceeding to cancel a purported contract with defendant Zim Co. (“Zim”), moves this Court to disqualify Zim’s counsel of record, Bryan Cave. *745 The Court holds that Bryan Cave must be disqualified, because one of its l...
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OPINION The issue before the Court is which one of two creditors has a superior security interest in two lift trucks. *78 The material facts are not in dispute. On July 29, 1998, General Lift Truck Services, Inc. entered into a lease agreement with the Debtor, Superior Equipment, Inc., pursuant to which the Debtor obtained the possession of two Mitsubishi forklift trucks...
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ORDER Now before the Court in this case is the “Motion for Approval of Distress Termination of Sewell Manufacturing Company Cash Balance Pension Plan.” As part of the Chapter 11 bankruptcy proceedings of Sewell Manufacturing Company, Inc. (hereinafter “the Debtor”) and an integral step in the Debtor’s termination of its defined benefit plan pursuant to the Employee Retirement Income S...
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DECISION AND ORDER: (1) DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT; AND (2) DETERMINING REAL ESTATE MORTGAGE TO BE VOID The Debtor-Plaintiff and the Third-Party Defendant, Rhode Island Home Improvement, Inc. (RIHII), have submitted this matter to the Court on cross Motions for Summary Judgment. “[Sjummary judgment should be bestowed only when no genuine issue of material fact exists a...
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MEMORANDUM Before me is the Complaint of The Official Committee of Unsecured Creditors of R.M.L., Inc., previously known as Intershoe, Inc. (the “Committee”), seeking to recover $846,791.07, representing payments made by debtor Intershoe, Inc. (“Intershoe”) to defendant Conceria Sabrina (“Sabrina”). The Committee brought its claims pursuant to *607Sections 547(b) and 548(a)(2) of the Bankruptcy...
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MEMORANDUM AND ORDER ON EMERGENCY MOTION TO DETERMINE STATUS OF ORDER GRANTING RELIEF FROM AUTOMATIC STAY NOTWITHSTANDING COMMENCEMENT OF SUBSEQUENT CASE Norwalk Savings Society (“NSS”) has filed the instant emergency motion for an order determining that a bankruptcy petition filed by Albert L. Peia in the Central District of California and the resulting automatic stay do not nullify this...
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ORDER This matter is before the Court on the motion of Dianne Williams, (hereinafter the “plaintiff”), for summary judgment in conjunction with her complaint seeking a determination of the effect of debtor’s Chapter 7 discharge on certain child support and military retirement benefits awarded to plaintiff in the parties’ divorce decree entered by the Circuit Court of Madison County, Alabama on ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on remand from the District Court for the purpose of clarifying the reasons for denying in toto the application for fees and expenses of the debt- or’s attorney. 1 The fee application requests $78,840 in fees for 788.4 hours at $100 per hour plus expenses of $1,260.11. 2 Although the applicat...
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*366 ORDER GRANTING APPLICATION FOR ALLOWANCE OF ATTORNEY FEES In this case, the issue is whether debtor’s counsel should be allowed his full hourly rate for travel time. The Court concludes that the full hourly rate should be allowed. I. The debtor’s attorney has filed an application for allowance of attorney fees in the amount of $4,095, for 23.4 hours of work at ...
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*509 ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter came before the Court for hearing January 2,1996, on the motion of the Defendants, Juliana Johnston and Elizabeth T. Hanna (the “Defendants”), for summary judgment. The Chapter 7 Trustee, Patricia Dzikowski (the “Trustee”), filed a complaint seeking to avoid and recover fraudulent transfers, turnover of property, avoid redem...
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MEMORANDUM OPINION AND ORDER INTRODUCTION Plaintiffs Motion for Summary Judgment in this adversary proceeding presents the issue of whether collateral estoppel precludes a debtor from litigating an issue in a bankruptcy court dischargeability action when a default judgement previously was entered against the debtor in a state court action. The Court holds that it does not. *4...
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MEMORANDUM This Chapter 12 case was closed and the debtors received a discharge in 1991. Debtors have reopened the case and filed a Motion to Modify the Confirmed Chapter 12 Plan. The Objection by the Farmers Home Administration, now known as Rural Economic and Community Development, and herein referenced as United States of America (“USA”), is sustained and the proposed modification is not a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon a Motion to Enforce Order Dismissing Case and Directing Payments of Funds filed by the Debtor. An Order of Dismissal was entered on February 21, 1996 directing the Standing Chapter 13 Trustee to refund to the Debtor the sum of $12,424.30. A federal tax levy had previously been served on the Trustee by the Internal Reve...
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MEMORANDUM This case is before the court on the Chapter 12 standing trustee’s motion for compensation and the objection by the debtors. I conclude that 11 U.S.C. § 326(b) prohibits *441 the court from awarding compensation to the standing Chapter 12 trustee and that 11 U.S.C. § 105 provides no authority for such an award. The debtors’ Chapter 12 plan, as amended, was confirmed on June 23,...
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DECISION ON MOTION TO DISMISS PROCEEDINGS The debtor, American Globus Corp., is a New York corporation which filed its chapter 11 petition on June 23, 1995. 1 The petition was signed by one Abram Gin, who represented that a resolution of the debtor’s board of directors had been passed authorizing the filing of the petition. Movant Montgomery Associates, Inc. (“Montgomery”) seeks dismissal of ...
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ORDER (Under Advisement Ruling) At the request of the Debtor, Joseph Ma-roney, the Court issued an Order to Show Cause to Donald Bowman for contempt, sanctions, and attorneys’ fees for violation of a discharge order. The Respondent, Mr. Bowman, had sought to domesticate and collect upon a judgment obtained in Pennsylvania on October 26, 1990 in the amount of $17,266.86 plus interest. This c...
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In this Chapter 11 case, the Debtors-in-Possession are about to receive about $100,-000 from an insurance claim arising out of injuries that Dr. Keenan sustained from two different pre-petition ear accidents. In re- *237 spouse to their notice to creditors that they intended to settle that claim, one unsecured creditor has asked this Court to limit the Debtors’ use of the proceeds. The creditor...
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MEMORANDUM This case presents the question of whether a pre-bankruptcy waiver of the automatic *432 stay of 11 U.S.C. § 362 is enforceable. I decline to follow emerging decisional law and conclude that such waivers are not enforceable, per se. FACTS This voluntary Chapter 11 case was filed on December 29, 1995. At the time the petition was filed, the debtors wer...
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OPINION A INTRODUCTION LOLA LANDES (“the Wife”) and GREGORY LANDES (collectively “the Landeses”), the estranged wife and son, respectively, of FERREL A. LANDES (“the Debtor”), and GEA REALTY, INC. (“GEA,” with the Landeses, “the Movants”), have filed a motion seeking to dismiss the Debtor’s voluntary Chapter 7 bankruptcy case “due to a lack of good faith” (“the Motion”). The ...
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ORDER Debtor filed a Chapter 7 bankruptcy petition on January 4, 1996. The section 341 Meeting of Creditors was held on February 2, 1996. The Notice of Commencement of Case Under Chapter 7 of the Bankruptcy Code, Meeting of Creditors, and Fixing of Dates stated that the deadline for filing a complaint to determine the dischargeability of certain types of debts and to object to debtor’s discha...
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OPINION Introduction. Before the Court are contested Applications by the above two Chapter 11 Debtors to employ the law firm of Adelman, Lavine, Gold and Levin as bankruptcy counsel. The principal objection interposed has been lodged by the Debtors’ principal secured creditor, Corestates Bank, N.A., and goes to the proposed source of funds for the payment of legal fees, as op...
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MEMORANDUM OPINION Debtor objects to the amount of the claim of First Bank Investors’ Trust (“FBIT”). This is a core proceeding under 28 U.S.C. § 157(b)(2)(B) 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 FBIT’s note has not been properly accelerated, and has therefore accrued interest throug...
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In the case of Chemical Bank v. Sigrist (In re Sigrist), 163 B.R. 940 (Bankr.W.D.N.Y.1994), this Court held that a creditor that is attempting to carry its burden of proof of credit card fraud under 11 U.S.C. § 523(a)(2)(A) will not be permitted to enjoy the benefits of the evidentiary device of an “inference of fraud” (that might otherwise arise under certain circumstances from a us...
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ORDER This matter is before the Court on the Operating Trustee’s Objection to Claim 12 submitted by Donald R. Brown (“Claimant”) in the case of John Chezik Imports, Inc. d/b/a/ John Chezik Honda (“Debtor”). The Trustee objected to the allowance of the claim on the grounds that the contract between the purchaser, Greig Pratt 1 , Breakaway L & M (“Purchaser”), and the Debtor ...
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MEMORANDUM DECISION ON TRUSTEE’S MOTION FOR ORDER UPHOLDING TRUSTEE’S DETERMINATIONS DENYING CERTAIN CUSTOMER CLAIMS FOR MARKET LOSSES AND EXPUNGING OBJECTIONS WITH RESPECT TO THOSE DETERMINATIONS AND ON TRUSTEE’S MOTION FOR ORDER UPHOLDING TRUSTEE’S DETERMINATIONS DENYING CERTAIN CUSTOMER CLAIMS FOR LOSSES DUE TO ALLEGED FAILURE TO EXECUTE CUSTOMER ORDERS AND EXPUNGING OBJECTIONS WITH RESPEC...
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*512 ORDER This matter came before the Court for hearing on April 11, 1996, pursuant to the Court’s Order and Notice entered March 6, 1996. The Order and Notice recited that plaintiff has alleged a complaint of professional misconduct by defendant David L. Judah within the meaning of LR 110-6(b), NDGa. LR 110-6, NDGa., is the Local Rule for the federal District Court for the ...
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195 B.R. 309 (1996) In re Alan BAKER, Debtor. Bankruptcy No. 91-34408. United States Bankruptcy Court, D. New Jersey. May 6, 1996. *310 *311 *312 Robert F. Varady, LaCorte, Bundy & Varady, Elizabeth, New Jersey, for J. Patrick Growney. Larry Lesnick, Ravin, Greenberg & Marks, P.A., Roseland, New Jersey, for Chapter 11 Trustee Charles Forman. Lee D. Gottesman, Law Offices of Lee D. Gottesm...
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Opinion Before the Court is the request of the above Chapter 11 Debtor, Curtis Center Limited Partnership (the “Debtor”), for approval of its second amended disclosure statement relating to the Debtor’s second amended plan of reorganization. Approval of the Debtor’s second amended disclosure statement is vigorously opposed by the Debt- or’s principal secured creditor, the Sumitomo Tru...
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OPINION I. INTRODUCTION. The within matter comes before the court pursuant to 11 United States Code Section 330 and Rule 46 of the General Rules of the United States District Court for the District of New Jersey wherein counsel for alleged debtor Landmark Distributors, Inc. (“Landmark”) seeks attorneys’ fees and costs as a result of the oral opinion of this court rendered on ...
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DECISION ON CROSS-MOTIONS BY DEBTORS AND BY SECURED CREDITOR ACQUVEST COMPANY In this Chapter 11 case the debtors seek an order (1) permitting them to borrow up to $350,000 under 11 U.S.C. § 364(d), (2) granting the proposed lender Monetary Advisory Corp. (“MAC”) a security interest senior to all existing and future security interests and statutory liens on the debtors’ real property loca...
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MEMORANDUM Before me is the motion of debtor/defendant Ralph J. Taylor (“Taylor”), seeking dismissal of an adversary complaint filed by creditor/plaintiff Griffith, Striekler, Lerman, Solymos & Calkins (“Griffith”). For the reasons stated below, the relief requested in the motion will be denied. Procedural and factual background Debtor/defendant Ralph J. Taylor (“Taylor”...
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MEMORANDUM OF DECISION Plaintiff James C. Booth (“Booth”) filed a motion for summary judgment, requesting that the Court find, as a matter of law, that a state court award of attorneys’ fees be deemed nondischargeable under Section 523(a)(5) of the Bankruptcy Code. Debtor and Defendant Craig Arthur Ratcliff (“Rat-cliff’) opposed the motion on the ground that the attorneys’ fees incurred were no...
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195 B.R. 775 (1996) In re Donald Eugene PRICE and Mary Mona Hahner Price, Debtors. Bankruptcy No. 95-21662-7. United States Bankruptcy Court, D. Kansas. May 14, 1996. Eric C. Rajala, Overland Park, KS, for Debtors. Carl R. Clark, Lentz & Clark, Overland Park, KS, Trustee/Attorney for Trustee. MEMORANDUM OPINION AND ORDER JULIE A. ROBINSON, Bankruptcy Judge. This matter comes before the Court...
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DECISION AND ORDER BACKGROUND On November 2, 1995 Laura M. Lombardi (“the Debtor”) filed a petition initiating a Chapter 7 case. On her schedules and statements filed with the Court, the Debtor: (1) listed her ownership of a 1991 Hyundai Excel 3-door hatchback automobile (“the Hyundai”); (2) indicated that the Hyundai had been driven in excess of 70,000 miles; (3) valued the Hyundai at $1,800...
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MEMORANDUM-OPINION This matter is presently before this Court on the Objection of the United States Trustee (“UST”) to the Application for Attorney’s Fees filed by J. Baxter Schilling (“Schilling”), counsel for the Trustee, John Wilson (‘Wilson”). The UST objects to the one-third contingency fee Schilling seeks to recover in connection with the Counterclaim which he successfully litig...
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MEMORANDUM OPINION Mark E. Maloy (“Debtor”) filed a Motion To Reopen Chapter 7 Case. This is a renewed motion following this Court’s order of December 15, 1994, denying a previous motion to reopen which had been filed on May 5, 1994. This Motion To Reopen Chapter 7 Case was filed on December 15,1995. The findings of fact set out in the December 15, 1994 order are adopted for the ...
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DECISION ON MOTION TO DISMISS This matter is before the court on the motion to dismiss filed by the defendant, Donna Shalala, Secretary of the Department of Health and Human Services (“HHS”). For reasons explained below, the motion to dismiss will be denied. The claim which HHS moves to dismiss is a preference claim under 11 U.S.C. §§ 547 and 550 by Psychotherapy and Counseling C...
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MEMORANDUM OPINION This ease comes before the Court on Complaint To Determine Dischargeability Of Debt filed by the Rentrak Corporation (“Rentrak”). The Court conducted a trial in this adversary proceeding on February 22-23, 1996. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(I). For the following reasons, the Court finds in favor of the defendant and against the p...
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MEMORANDUM OPINION This matter relates to the bankruptcy proceeding filed by Herman Joseph Marino (“Debtor”) under Chapter 11 of the Bankruptcy Code, (the “Code”), 11 U.S.C. § 101 et seq. Mr. Gregory Thompson (“Thompson”) has moved to extend the period of time during which he may file a dischargeability complaint under 11 U.S.C. § 523. For reasons set forth below, that moti...
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195 B.R. 522 (1996) In re PSYCHOTHERAPY AND COUNSELING CENTER, INC., Debtor. Bankruptcy No. 94-0005. United States Bankruptcy Court, District of Columbia. May 15, 1996. *523 *524 William Douglas White, Filippo Zucchi, Lepon, McCarthy, White & Holzworth, Washington, DC, for Debtor. Stacey M. Ludwig, Asst. U.S. Atty., Washington, DC, for movant. DECISION ON MOTION FOR DECLARATION THAT PROPOSED ...
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OPINION AND ORDER The Trustee, Kip M. Kaler, commenced the above-captioned adversary proceeding by Complaint filed October 2, 1995, asking that the Debtor, James M. Craig, be denied a discharge pursuant to 11 U.S.C. § 727(a)(2) and (a)(4). The Trustee’s multi-count Complaint alleges instances of pre- and post-filing asset concealment as well as omissions and misstatements on the bankr...
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ORDER ON MOTION FOR RECONSIDERATION This matter comes before the Court on Motion For New Trial Or Amend The Judgment filed by The Carver State Bank and The Sommers Company (“Plaintiffs”). The Court originally heard Plaintiffs’ objection to discharge under 11 U.S.C. § 727 on January 9, 1996, and subsequent days of that week. The Court ruled in favor of the defendant, Joseph Bell, Jr. (“Debtor”...
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MEMORANDUM OF DECISION This closed Chapter 13 case is before the court on the motion of the United States of America to reopen the ease and vacate the debtor’s discharge. The government seeks this relief on the ground that the debtor’s Chapter 13 plan failed to provide for full payment of late-filed priority claims. As set forth below, the motion must be denied because it constitutes an i...
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DECISION & ORDER BACKGROUND On February 2, 1995, Patricia P. Burton (the “Debtor”) filed a petition initiating a Chapter 13 ease (the “Initial 13 Case”). On her schedules, she listed her ownership of a residence at 153 Rugby Avenue, Rochester, New York (“Rugby Avenue”), which she valued at $75,000.00 subject to a mortgage lien in favor of Fleet Mortgage Corp. (“Fleet”) in the amount ...
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OPINION AND ORDER Before the court is a Motion for Summary Judgment (docket No. 4) filed by American Express Travel Related Services Co., Inc. (AMEX-TRS) and an Opposition to Motion for Summary Judgment (docket No. 6) filed by defendants Amado Cordero Hernandez and Diego Ferrer, Trustee. The issue before this court is whether a claim reduced to judgment in a state court collection of ...
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MEMORANDUM ORDER Debtor filed for relief under Chapter 13 of the Bankruptcy Reform Act and seeks to have his plan of reorganization confirmed. The parties dispute whether a debt listed by Debtor for child support arrearages is a priority debt requiring full payment under the plan and whether the debt is dischargeable. This Court finds the debt for child support arrearages is a priority debt a...
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AMENDED ORDER DENYING BANKS’ MOTION UNDER 11 U.S.C. § 1112(b) TO CONVERT CASE TO CHAPTER 7 This is a yet-to-be-confirmed Chapter 11 case filed on October 11, 1995, by Lykes Brothers Steamship Co., Inc. (Debtor). The immediate matter under consideration is a Motion to Convert Case to Chapter 7 (Motion), filed by J.P. Morgan Delaware, Morgan Guaranty Trust Co., Whitney National Bank and Premier Ban...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case and the matter under consideration is a claim that the debt owed by James A. Marks and Peggy E. Marks (Debtors) should be discharged in bankruptcy and not exempted from the discharge based on § 528(a)(3) of the Code. The claim asserted in the Complaint filed by the Debtors is against Firstar Trust Company (Firstar...
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*816 FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION In this Chapter 7 liquidation case, the matter under consideration is the dischargeability vel non of an obligation of the Debtor, David John Foege (Debtor) owed to Danna L. Anderson (Plaintiff), represented by a Final Judgment of Dissolution (Defendant’s Exhibit No. 1) entered by the Circuit Court in and for Collier County, Flo...
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ORDER ON MOTION TO COMPEL DISCOVERY IN THIS Chapter 7 case, Paul A. Bilzerian (Debtor), is the Defendant named in this adversary proceeding commenced by G. Robert Bolton, PA. (Bolton), who filed a Motion and sought an order ordering Bolton to furnish certain information by responding to interrogatories propounded by the Debtor to Bolton. The Debtor, who represents himself, propounded fifteen pages...
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FINDINGS OF FACTS, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THIS IS a Chapter 7 ease and the matters under consideration are three claims set forth in a Complaint filed by V. John Brook, Jr. (Trustee) against William D. Pugh and Elizabeth Pugh (Debtors). In Count I the Trustee seeks an accounting; in Count II a turnover of funds; and in Cqunt III the imposition of an equitable lien. The...
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ORDER ON UNITED STATES TRUSTEE’S OBJECTIONS TO (1) TRUSTEE’S PRELIMINARY REPORT OF ESTATE; (2) APPLICATION OF TRUSTEE FOR COMPENSATION; (3) APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEES FOR ATTORNEY FOR TRUSTEE (JOY, GAUSE, GENSON & MORAN); AND (4) APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEE FOR ATTORNEY FOR TRUSTEE (MELODY D. GENSON) THIS IS a Chapter 7 case and the matters under consider...
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ORDER ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS THIS IS a Chapter 11 case and the matter under consideration is a Motion to Compel Production of Documents filed by William Darling (Darling), who instituted this adversary proceeding. The instant matter before this Court is a dispute which centers around a Request to Produce filed by Darling over evidence presented for resolution by this Court....
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ORDER ON FIRST AMENDED MOTION FOR RELIEF FROM STAY THE MATTER under consideration in this Chapter 11 case is the First Amended Motion for Relief from Stay filed by King-Funk Partnership, a Florida partnership d/b/a Sunstate Commerce Center (Landlord), who seeks relief from the automatic stay to complete a state court action to evict Sorren-to’s I, Inc. (Debtor). The issue before this Court invo...
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195 B.R. 811 (1996) In re ROOKERY BAY LTD., Debtor. Bankruptcy No. 96-3523-9P1. United States Bankruptcy Court, M.D. Florida, Ft. Myers Division. May 14, 1996. *812 Brian J. Almengual, Tampa, FL, for Debtor. Ned R. Nashban, Quarles & Brady, West Palm Beach, FL, for Movant. Kevin C. Gleason, Houston & Shahady, P.A., Fort Lauderdale, FL, for Blazer Construction Co. ORDER ON EMERGENCY MOTION...
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ORDER DENYING MOTION FOR RELIEF FROM STAY Filed by William J. Wade, as trustee of Mid-State Trust III The matter subject to this order is a Motion for Relief from Stay filed on February 16, 1996 by William J. Wade, as trustee of Mid-State Trust III. The motion seeks to confirm the movant’s foreclosure of the debtors’ residence. That foreclosure occurred after this Court or...
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MEMORANDUM OPINION AND ORDER This Memorandum Opinion and Order constitutes findings of fact and conclusions of law for the Amended Complaint to Consolidate filed by Arnold S. White, the Complaint for Substantive Consolidation, Accounting, Money Damages and Other Relief filed by Consolidated Freightways of Delaware, Inc., and the Answers of Creditors Service Corporation, National Credi...
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195 B.R. 946 (1996) In re The ISLANDER CONDOMINIUM ASSOCIATION, INC., Debtor. Bankruptcy No. 95-7780-8P1. United States Bankruptcy Court, M.D. Florida, Tampa Division. March 6, 1996. Daniel J. Herman, Largo, Florida, for Debtor. *947 B. Norris Rickey, Office of County Attorney, Charles M. Tatelbaum, Clearwater, Florida, for Jim Smith and Pinellas County. Sarah Richardson, Office of County Attorne...
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ORDER ON OBJECTION TO CLAIM #46 THIS IS a confirmed Chapter 11 case filed by Today’s Woman of Florida, Inc., (Debtor) who elected to be treated under the Small Business Provision added to the Code by § 218 of the Bankruptcy Reform Act of 1994. That provision amended § 1125 of the Bankruptcy Code. The matter under consider *507 ation is an Objection to Claim No. 46 filed by Vo...
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ORDER ON UNITED STATES TRUSTEE’S OBJECTIONS TO (1) TRUSTEE’S PRELIMINARY REPORT OF ESTATE; (2) APPLICATION OF TRUSTEE FOR COMPENSATION; (3) APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEES FOR ATTORNEY FOR TRUSTEE (JOY, GAUSE, GENSON & MORAN); AND (4) APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEE FOR ATTORNEY FOR TRUSTEE (MELODY D. GENSON) THIS IS a Chapter 7 liquidation ease and the matters under consi...
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ORDER GRANTING IN PART TRUSTEE’S MOTION FOR ATTORNEY’S FEES, COSTS AND/OR OTHER SANCTIONS THIS CAUSE came on for consideration upon a duly noticed hearing on a Motion for Attorney’s Fees, Costs and/or Other Sanctions filed by James C. Orr, the Trustee (Trustee) against SSMC, N.V., (SSMC) and/or its counsel in the above-captioned Adversary Proceeding. The Motion seeks relief under Federal Rule of C...
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MEMORANDUM DECISION ON MOTION BY UNITED STATES TRUSTEE TO DISMISS DEBTOR’S CASE. The Office of the United States Trustee (“Trustee”) seeks an order pursuant to § 707(b) of the Bankruptcy Code (“Code”) dismissing MD Taj Uddin’s (“debtor”) voluntary chapter 7 case. There is no dispute that debtor’s indebtedness consists principally of “consumer debts” and that debtor lacks income to pay them. F...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a Chapter 7 case and the matters under consideration are a Motion for Summary Judgment filed by Alfred J. Romagnolo (Debtor) and a Cross-Motion for Summary .Judgment filed by the United States of America (Government). The motions are filed in an adversary proceeding commenced by Alfred J. Romagnolo (Debtor) against the United States of America ...
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DECISION AND ORDER ON MOTION TO ALLOW SECURED CLAIM CAME ON for consideration the foregoing matter. Sunwest Bank of El Paso filed a secured claim on February 21, 1996. A bar date of December 4, 1995 for filing claims was set out in the Order and Notice of First Meeting of Creditors. This notice is sent to all creditors in the ease, whether secured or unsecured. The chapter 13 trustee indicate...
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DECISION AND ORDER FINDING VIOLATION OF AUTOMATIC STAY AND DENYING INJUNCTION FINDINGS OF FACT 1. Plaintiff Elder-Beerman (“Elder-Beer-man”) is a corporation organized under the laws of the State of Ohio. Elder-Beerman is a complex enterprise engaged in the ownership, operation, and management of retail department stores, furniture stores, and related businesses throughout the United...
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MEMORANDUM I. INTRODUCTION The matter before the Court in this adversary proceeding is the defendant’s Motion to Dismiss Adversary Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and (6) for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. The plaintiff filed an objection to the motion, and the Court held a hearing in this matter on J...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter was brought before the Court on Plaintiff Chapter 7 Trustee Richard C. Remes’ motion for summary judgment. At issue is whether, as a matter of law pursuant to 11 U.S.C. § 544(a)(3), the Trustee may “strong-arm” into the Debtor’s estate a parcel of Bahamian real estate owned by the Debtor but subject ...
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DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR ABSTENTION This matter comes before the court on the motion of Paula J. Baker (“plaintiff’) requesting that this court abstain from hearing plaintiffs original objection to the discharge-ability of certain debts of R. Bradford Baker (“debtor”). The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference ente...
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ORDER ON TRUSTEE’S MOTION FOR EXAMINATION OF COMPENSATION PAID AND FOR SANCTIONS FOR UNAUTHORIZED PRACTICE OF LAW THIS IS a Chapter 7 liquidation case and the matter under consideration is a Motion for Examination of Compensation Paid and for Sanctions for the Unauthorized Practice of Law and Violation of Section 110 of the Bankruptcy Code filed by Stephany S. Carr (Trustee), the Trustee in cha...
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*550 MEMORANDUM ON DEFENDANT’S MOTION TO DISMISS I. INTRODUCTION The matter before the Court is the motion by the defendant, Polar Molecular Corporation (“Polar” or the “Debtor”), to dismiss or, in the alternative, to abstain from hearing the Trustee’s Complaint (the “Motion To Dismiss”). By the Complaint To Recover Estate Funds And For Related Relief (the “Complaint”), Step...
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OPINION This matter comes before the Court upon the Motion of the Debtor, Reva Feuer (the “Debtor” or “Dr. Feuer”), pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure and Rules 7002 and 9024 of the Federal Rules of Bankruptcy Procedure to Vacate Order Granting Partial Summary Judgment In Favor Of Defendant United States and Against Plaintiff (the “Motion”). A response in oppo...
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DECISION CAME ON for consideration the Trustee’s First Amended Complaint objecting to the claim of the Defendant, UOP. The Trustee’s first count alleges that UOP’s claim should be disallowed because it has already been satisfied. The Trustee’s second count was previously denied at summary judgment on grounds that the Trustee lacked standing to bring the claim. The Trustee’s third count re...
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195 B.R. 649 (1996) In re Gregory D. & Lisa M. SULLIVAN, Debtors. Bankruptcy No. 95-53271-K. United States Bankruptcy Court, W.D. Texas, San Antonio Division. March 20, 1996. *650 Roger N. Havekost, San Antonio, Texas, for Debtors. Marion A. Olson Jr., Chapter 13 Trustee, San Antonio, Texas. DECISION ON CONFIRMATION OF DEBTORS' PLAN LEIF M. CLARK, Bankruptcy Judge. This case involves the abi...
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OPINION This is yet another case of a leveraged buyout gone sour. In May of 1991, management of Healthco International, Inc. (“Healthco”) escaped from a proxy contest by causing all the company’s capital stock to be sold to a “white knight” in a leveraged buyout (the “LBO”). Healthco filed a chapter 11 petition with this court on June 9,1993. The case was soon converted to chapter 7. ...
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PAUL M. GLENN, Bankruptcy Judge. THIS CASE came before the Court to consider the Motion for Summary Judgment filed by Darrell Joe Carrens and Linda Dell Carrens (the “Debtors”), together with the Cross-Motion for Partial Summary Judgment filed by the United States of America (the United States). The Motions relate to a Complaint to Determine Secured Status and to Avoid Statutory Lien filed...
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ORDER ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS THIS CAUSE came on for consideration upon Plaintiffs Motion to Compel Production of Documents in the above captioned adversary proceeding. This Court has considered all arguments and evidence, together with the record, and finds: The parties to this lawsuit are all entangled in the general bankruptcy ease. Plaintiffs, Creditor Committ...
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MEMORANDUM OPINION This matter came before the Court on the Complaint to Determine Dischargeability of Debt pursuant to 11 U.S.C. § 523. Appearing before the Court were Kevin E. Mangum, counsel for Plaintiffs, Domenic Spirito and Regina Spirito; and Brian L. Schwalb, counsel for the Defendant, United States of America. After reviewing the pleadings, evi *625 dence, receiving testimony, exhi...
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ORDER ON MOTION FOR SUMMARY JUDGMENT ON THE COLLATERAL ESTOPPEL EFFECT OF McCRO-RY’S ALTERNATIVE DISPUTE RESOLUTION I. INTRODUCTION THIS CAUSE came on for consideration upon Motion for Summary Judgment by Defendant Plaisted London Market. This Court has considered all arguments and evidence, including the entire record for this case, consistent with a ruling on a motion for summary j...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the trustee’s complaint to avoid post-petition transfers of corporate stock and assets owned by the debtor, Albert Beshears. The debtor Albert Beshears was a farmer in Jackson County, Arkansas for several years prior to the filing of his Chapter 7 petition on December 1, 1993. In December 1988, the debt...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT ON TIMELINESS OF NOTICE OF BODILY INJURY CLAIMS FILED BY ERIC REINSURANCE AND PLAISTED LONDON MARKET I. INTRODUCTION THIS CAUSE came on for consideration upon Defendant Eric Reinsurance Company’s (“Eric”) Motion for Summary Judgment on Count III of the Second Amended Complaint (Bodily Injury) for Failure to Comply with the Notice Condition of the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the complaint to determine dis-chargeability. The creditor alleges that the debt owing to it is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), which provides: A discharge under section 727 ... of this title does not discharge an individual debt- or from any debt— (2) for money, p...
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MEMORANDUM OPINION AND DECISION The Court has before it Motions to Alter or Amend its December 2, 1992, Memorandum Opinion and Decision on the fee applications of Hansen, Jones & Leta and Snell & Wilmer. The Court has considered all the evidence and testimony, the entire record in this ease and its related adversaries, has heard argument of counsel and being fully advised issues this Memo...
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ORDER GRANTING RELIEF FROM STAY THIS CAUSE is before the Court upon the creditor Jerry Langfitt’s Motion for Relief from Stay. The parties have submitted stipulated exhibits and briefs on the issues. In July 1993, the creditor Jerry Langfitt (“Langfitt”) obtained a judgment against the debtor in the amount of $131,360.61 from the Superior Court of the State of California. Purportedly ...
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ORDER GRANTING RELIEF FROM STAY THIS CAUSE is before the Court upon the Motion for Relief from Stay, filed by the creditors Joe C. Reynolds, Oley E. Rooker and Meredith L. Rooker, on January 25, 1996. The matter was called for hearing on February 22, 1996, at which time the parties presented oral stipulations of fact and argument on the threshold legal issue. Although the debtor is in...
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ORDER THIS CAUSE is before the Court upon a Notice of Appeal and an Application to Proceed In Forma Pauperis, (“the application”) filed on February 7, 1996. 1 On February 1, 1996, this Court entered Orders in the main bankruptcy case as well as two separate adversary proceedings, Robinson v. Plegge, No. 96-4006 and Robinson v. Taylor’s Used Cars, No. 95-4020. Specifically, the Court d...
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ORDER THIS CAUSE is before the Court upon the “Objection of the United States of America, U.S. Department of Agriculture, to Confirmation of Plan,” filed on July 17, 1995. Upon motion of the United States, the parties submitted briefs on the “legal issues contained in the Objection.” 1 Although the case file is before the Court on an objection to confirmation pursuant to the Court’s indep...
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ORDER DENYING MOTION TO DISMISS IRS CLAIMS THIS CAUSE is before the Court upon the debtor’s Motion to Dismiss IRS Claims, filed on November 5, 1996. The matter was called for hearing on February 22, 1996, at which time the parties indicated that no testimony would be presented to the Court. Mr. Hale was given an additional ten days to file further written statements to the Court, which statem...
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195 B.R. 915 (1996) In re Ronald W. COCKINGS. William R. AUSTIN, Plaintiff, v. Ronald W. COCKINGS, Bonnie O. Cockings, Court Clerk of Pottawatomie County, Oklahoma, Charles M. Laster, and James F. Dowden, Trustee for the Bankruptcy Estate of Ronald W. Cockings, Defendants. Bankruptcy No. 93-42638 S. Adv. No. 95-4099. United States Bankruptcy Court, E.D. Arkansas, Little Rock Division. May 3, 1996...
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DECISION & ORDER BACKGROUND On October 27, 1995, Mark Searpino (the “Debtor”) filed a petition initiating a Chapter 7 case. On his Schedule A he listed his ownership of a residence at 226 Hinkleyville Road, Speneerport, New York (“Hinkleyville Road”) as having a fair market value of $86,500.00, based upon a December 29, 1994 purchase, subject to a mortgage in favor of Fleet Mortgage ...
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MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The debtors filed this adversary proceeding against the defendant, Ford Motor Credit Company (“Ford”), to obtain the return of certain funds Ford received pursuant to a continuing wage garnishment. As the funds were taken from Mr. Deardorffs paycheck within the 90 days preceding the bankruptcy filing, the debtors contend tha...
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ORDER This matter comes before the Court on the Motion to Determine Non-Core Nature of Proceeding submitted by R.J. Griffin & Company (hereinafter “the Creditor”). The Creditor’s motion arises from an adversary proceeding commenced by Midland Mechanical Contractors, Inc. (hereinafter “the Debtor”) to recover approximately $140,-000.00 allegedly due under a post-petition, pre-conversion contract...
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195 B.R. 870 (1996) In re Darenda DOWNING, Debtor. Bankruptcy No. 95-1-0386-DK. United States Bankruptcy Court, D. Maryland. May 21, 1996. *871 Pamela L. Lyles, Washington, DC, pro se. Thomas L. Lackey, Chapter 13 Trustee, Bowie, MD. Clifford J. White III, Assistant United States Trustee, Greenbelt, MD. MEMORANDUM OF DECISION DUNCAN W. KEIR, Bankruptcy Judge. On the 17th day of October, 1996, th...
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ORDER THIS CAUSE is before the Court upon several motions filed by the pro se debtor with the assistance of a bankruptcy petition preparer. This case is Mr. Robinson’s fourth residence in Chapter 13. Three of his four cases have been unsuccessful. 1 Three different social security numbers were used on the four cases. 2 Debtor’s Prior Cases Robinson first filed a Chapter 13 case in...
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MEMORANDUM OF OPINION ON TOLLING OF SEVEN YEAR REQUIREMENT FOR DISCHARGE OF STUDENT LOANS The debtor requested a determination of the dischargeability of student loans which first became due more than seven years ago. The lender argued that the automatic stay of a prior bankruptcy proceeding tolled the running of the seven years, and therefore the student loans could not be discharged. This cou...
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MEMORANDUM OPINION This ease presents the question of whether under Bankruptcy Code § 365(d)(3), 11 U.S.C. § 365(d)(3), a debtor must timely pay real estate taxes which accrued pre-petition but were billed during the pre-rejection, post-petition period. This matter is before the Court on the Amended Motion and Supplemental Motion of the landlord National Terminals Corporation (“National”)...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on remand from the district court for additional findings of fact and conclusions of law. The thrust of this Adversary Proceeding, alleging violation of fraudulent transfer under § 548(a)(2), involves a transaction entered into in July of 1988 wherein the Debtor, Sunshine Kaylor, and his wife executed a second Deed of Trust on property ...
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OPINION The State Board of Equalization of the State of California (the “Board”) filed a proof of claim for sales and use taxes against Los Angeles International Airport Hotel Associates (“Debtor”), a chapter 11 debtor and debtor-in-possession. The Debtor objected to the proof of claim. The bankruptcy court held in favor of the Debtor, and disallowed the Board’s proof of claim in its ...
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OPINION SUMMARY The chapter 11 debtor made prepetition overpayments of excise taxes to the IRS. The United States filed a motion for relief from the automatic stay, seeking permission to use the overpayments to offset debts owed by debtor to other federal agencies. The bankruptcy court, holding that all federal government agencies are a single entity for purposes of setoff, grant...
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MEMORANDUM OPINION This matter comes before the Court on the motion of Alfred A. Allard (the “Debtor”) to avoid the lien of The Great Southern Company (“Great Southern”) pursuant to 11 U.S.C. § 522(f)(1)(A) and on the objection of Great Southern to confirmation of the Debtor’s Chapter 13 plan. For the reasons set forth herein, the Court hereby grants the Debtor’s motion and avoids the...
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OPINION OVERVIEW The Chapter 11 debtor appeals an order granting an over-secured creditor default interest where the creditor received full payment of its principal, interest at the pre-default rate, costs and attorneys’ fees. The trial court awarded the creditor the higher interest rate because the collateral was sold pursuant to § 363 of the Bankruptcy Code rather than in the context of a pla...
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SUPPLEMENTAL MEMORANDUM OPINION REGARDING ELECTION OF TRUSTEE I.ISSUE How is the so-called “universe of claims,” and the base amount of votable claims, calculated for the purpose of determining whether 20% of creditors who hold allowable, undisputed, fixed, liquidated, nonpriority, unsecured claims have requested and voted at a trustee election under § 702 of the Bankruptcy Code?...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Complaint to Determine Dischargeability filed by Mary Marshall Cobb (“debtor”) whereby she seeks to have a student loan declared dischargeable pursuant to 11 U.S.C. § 523(a)(8)(A). The Complaint named Arizona Educational Loan Marketing Corporation (“AELMC”) as defendant. By Order entered on December 22, 1996. United Student Aid...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court on a Complaint to Determine Dischargeability of a Debt pursuant to 11 U.S.C. § 523(a)(6). After a trial on January 23, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1.In December, 1992, defendants executed and delivered to plaintiff a promissory note secured by ...
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ORDER ALLOWING CREDITOR TO ADVANCE OBJECTION TO CONFIRMATION On August 8, 1995, Debtor deconsolidated her portion of a chapter 7 case that was jointly filed with her husband and converted the deconsolidated portion to a chapter 13. Debtor’s chapter 13 plan was filed on October 31, 1995, and after several necessary adjournments, the confirmation hearing on the plan was set for February 15, 1996....
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ORDER ON CONFIRMATION OF CHAPTER 13 PLAN, ON OBJECTIONS THERETO, AND ON CREDITOR’S MOTIONS BACKGROUND This ease was commenced by debtors when they filed, on February 8, 1996, their voluntary petition under Chapter 13 of the Bankruptcy Code. 1 Filed with the petition were documents denominated “Chapter 13 Debt- or’s Plan” and “Chapter 13 Plan Summary.” Both documents we...
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MEMORANDUM OPINION Before the court is the motion of one of the debtors to avoid an execution lien obtained by Dale Service Corp. (“Dale”) and to require Dale to disgorge $806.71 in garnished wages it received as a result of its Hen. A hearing was held on March 12,1996, at which the parties presented oral argument. The dispositive issues are whether, under either § 522(f) or § 522(h), Ban...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon defendant’s motion to dismiss and motion for summary judgment. After a hearing on March 19, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Harry A. Taylor (Taylor), a long-time resident of New York, died on September 30, 1978. His will, dated May 17, 1978, was ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court considers herein the motions of three lessors of nonresidential real properties (“Movants”) whose leases were rejected by New Almacs, Inc. (“Debtor”) postpetition. Movants seek relief pursuant to § 365(d)(3) of the Bankruptcy Code (11 U.S.C. §§ 101— 1330) (“Code”). 1 LM Associates (“LM”) filed its m...
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DECISION Introduction This case raises the issue of whether the law firm that represented a chapter 11 debt- or can represent the defendant in a preference action brought by the chapter 7 trustee after the case is converted. The answer to this question appears at first to be obvious. Apparently it was not; otherwise, the parties would have resolved it themselves, and there would be no iss...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is a cross-motion of Eton Centers Co. (“Eton”) filed Feb *7 ruary 20, 1996, in response to a motion filed on January 19, 1996, by Victory Market Inc. (“Debtor”) seeking a further extension of time to assume or reject a non-residential real property lease through March 20, 1996. ...
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MEMORANDUM OPINION AND ORDER This case centers on the breadth of a discharge issued under § 727 of the Bankruptcy Code, and the applicability of § 525(a), in relation to West Virginia Code § 17D-4-6(b). The Court has jurisdiction to hear and determine the issues presented in this adversary proceeding pursuant to 28 U.S.C. §§ 157(a) and 1334. This is a core proceeding pursuant to 28 U.S.C....
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before the Court is a motion filed by Charles W. Ferrante (“Debtor”) on February 16, 1996, seeking to vacate the filing of a deficiency judgment in the Onondaga County New York Clerk’s Office by Geddes Federal Savings and Loan Association (“the Bank”) on January 22,1996. The motion was heard at a regular motion term...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW These adversary proceedings came on for final evidentiary hearing on the complaints filed by the United States Trustee to Determine Violations of 11 U.S.C. § 110, to Obtain an Injunction, and to Determine Reasonableness of Fee and Require Turnover of Excessive Fee. The defendant, Fred Levinson, individually and d/b/a Bankruptcy Center of Florida, did no...
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MEMORANDUM OPINION 1 By filing for Chapter 11 relief, Embassy Properties North, Limited Partnership, has prevented College Life Insurance Company of America from foreclosing on a mortgage and rent assignment it holds on Frolics Plaza Shopping Center. Rents in excess of those paid to operate Frolics Plaza have accumulated in a segregated account under an agreement of the par...
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MEMORANDUM OPINION On December 20,1994, L.D. McMullan and Nila McMullan filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. On the same day the McMullans removed this foreclosure action pending in state court to this Court pursuant to 28 U.S.C. § 1452 (1994). A trial on the merits of the foreclosure action was held on May 15, ...
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MEMORANDUM The issue before the Court is what interest rate should be applied to arrearages on a debt secured by a mortgage on the Debtors’ residence, to be cured by installment payments over the term of a Chapter 13 Plan. The Debtors propose the state judgment rate of 6%; the mortgagee proposes the contract rate of 10%, which it alleges is also the current market rate of interest. The Debt...
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OPINION Before the Court is Plaintiffs Complaint seeking to avoid a post-petition transfer filed pursuant to Section 549 of the Bankruptcy Code and Defendant’s Answer thereto. Prior to this case’s commencement, Cambridge Properties (“Cambridge”), an Illinois partnership, entered into a construction contract with LWMcK Corporation, d/b/a National Building Systems (“Debtor”) whereby Debtor ag...
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*418 OPINION Before the Court is Plaintiffs’ Complaint to Quiet Title and Defendant’s Answer thereto. The question of fact in this case is whether William A. Neiderer died owning a certain 100-acre tract of land or whether a completed gift of the 100 acres was made to and accepted by the Defendant prior to William A. Neiderer’s death. In 1936, William A. Neiderer (“Bill”) purchased a farm in rur...
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ORDER DENYING REQUEST FOR REPORT TO UNITED STATES ATTORNEY Creditors, Molecular Technology, Jafar Behbehani, and Michael May, have filed a pleading entitled “Request for Report to the United States Attorney Pursuant to 18 U.S.C. § 3057.” Specifically, these creditors assert that there are reasonable grounds for such a report and they request that the Court enter an order requiring the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON SONEET R. KA-PILA’S, TRUSTEE IN BANKRUPTCY FOR TAREK HALABI A/K/A TITO HALABI, MOTION FOR SUMMARY JUDGMENT AND ON ATLANTIC MORTGAGE AND INVESTMENT CORPORATION AND FEDERAL HOME WAN MORTGAGE CORPORATION’S CROSS MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court pursuant to Soneet R. Kapila’s, Trustee in Bankruptcy for Tarek Halabi a/k...
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OPINION REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. In this adversary proceeding, the plaintiff, Susan Swanner, seeks a judgment that a *382debt owing to her from the debtor, Thomas Lazar, is nondischargeable under 11 U.S.C. § 523(a)(4) and (6) and that Lazar should be denied a discharge under 11 U.S.C. § 727(a)(2) and (3). The debt results from a legal malpractice judgment entered in t...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS MATTER came before the Court upon Defendant’s, Reynald Pouliot (“Dr. Pouliot”), Motion for Summary Judgment and Amended Motion for Summary Judgment (collectively, Dr. Pouliot’s “Motion”), Plaintiffs’, Tyler Caccamo, a minor, by and through his p...
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OPINION A INTRODUCTION Presently before this court are Objections (“the Objections”) of Corestates Bank (“the Bank”) to the Amended Plan of Reorganization (“the Plan”) filed by UNITED CHEMICAL TECHNOLOGIES, INC. (“the Debt- or”) and a Motion of the Bank for relief from the automatic stay to foreclose on its security interests against the Debtor (“the Motion”). Finding tha...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING PLAINTIFF’S, FIRST UNION NATIONAL BANK OF FLORIDA, MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court pursuant to Plaintiffs, First Union National Bank of Florida (“First Union”), Motion for Summary Judgment and Incorporated Memorandum of Law (the “Motion”), Defendants’, Angelo J. Diamond and Clarita A. Diamond (collectively, ...
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MEMORANDUM OPINION This case is before the court on Debtor William Gene Catron’s objection to a proof of claim filed by the Internal Revenue Service, Debtor’s motion for an additional creditors meeting, and Debtor’s motion for discovery. A hearing on these matters was held in Greensboro, North Carolina on April 30, 1996. At the hearing, A. Kennedy Dawson appeared on behalf of the IRS and Debt...
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This is the court’s decision on the motions of the defendants Karabu Corporation and Global Discount Travel Services LLC to dismiss, or to abstain from hearing this adversary proceeding. An evidentiary hearing was conducted, and oral argument heard on May 22,1996. Background of This Chapter 11 Case TWA filed a Chapter 11 petition in the District of Delaware on January 31, 1992. On December ...
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*836 ORDER AND JUDGMENT This case is before the Court on the Complaint of James and Deanna Davis (Debtors or the Davises) against the Internal Revenue Service (IRS or Government) 1 for violation of the automatic stay pursuant to 11 U.S.C. § 362(h). The Court has jurisdiction to hear the matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. This is ...
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OPINION Before: MEYERS, RUSSELL and BARR, 1 Bankruptcy Judges. I OVERVIEW On appeal is an order regarding the rights of two non-debtors in certain buildings formerly owned by the erstwhile debtor. While the bankruptcy case was pending Melvin J. and Dorothy B. Olsen (“Olsens”) initiated an adversary proceeding seeking an order quieting title in the buildings. The ...
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ORDER ON DEFENDANT THE CELO-TEX CORPORATION’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STAY ALL PROCEEDINGS OR TO TRANSFER This is a confirmed Chapter 11 case and the matter under consideration is the Defendant The Celotex Corporation’s Motion to *368 Dismiss or, in the Alternative, to Stay All Proceedings or to Transfer (Motion) filed in the above-captioned adversary pro...
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OPINION FACTUAL BACKGROUND AND PROCEEDINGS The debtor, John Mantle, and the appellant, Dorothy Mantle, were married in June, 1985. Before her marriage to Mr. Mantle, Ms. Mantle owned certain real property located in San Fernando, California. In August, 1985, Ms. Mantle sold the property and received $79,373.76 in net proceeds, which she placed in an individual checking account. During the...
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MEMORANDUM This Chapter 7 case is before the court on the objection by the bankruptcy trustee to an exemption claimed by the debtor, Connie Bumpass. The debtor claimed an exemption in the property as personal property. The trustee contends the property is real property and the debtor cannot exempt it under the homestead exemption, which is the only exemption available to the debtor for re...
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MEMORANDUM OPINION The Court has before it the complaint of Gloria Michaud (“Plaintiff”) against the United States of America Internal Revenue Service (“IRS” or “government”) seeking the determination of the Plaintiffs tax liability for the tax years 1980 and 1981. The IRS has filed a proof of claim in the amount of $491,383.17. The Plaintiff alleges that she is entitled to the protection of th...
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ORDER GRANTING IN PART MOTION FOR SUMMARY JUDGMENT FILED BY JAMES WALTER, ET AL., AND DENYING MOTION FOR SUMMARY JUDGMENT FILED BY THE CELOTEX CORPORATION AND JIM WALTER CORPORATION THESE ARE confirmed Chapter 11 cases of Hillsborough Holdings/Walter Industries and its 32 wholly owned subsidiaries, and the matters under consideration are two Motions For Summary Judgment. This adversary pr...
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MEMORANDUM OPINION This matter comes before the Court upon cross motions for summary judgment filed by Robert Deroehe (“Deroehe”) (PI. 6) and by debtor, Charles D. Miller (“debtor”) (PI. 10). At issue is whether a state court judgment rendered against the debtor based upon the willful and malicious acts of the debtor’s son is dischargeable under 11 U.S.C. § 523(a)(6). The court has co...
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MEMORANDUM OPINION ON MOTION TO DISMISS On the 7th day of November, 1995, John H. Litzler, Trustee for Malcolm M. Kelso and Legal Econometrics, Inc. (the “Debtor”), filed an adversary proceeding against Grady H. Vaughn, III Children’s Trust No. 2 and the Grant Ellis Vaughn Trust No. 2; Regency Savings Bank, F.S.B.; Gary W. Vaughn; Gary W. Vaughn Support Trust; GWV, Ltd.; Walter O’Ches...
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DECISION ON MOTION FOR DEFAULT JUDGMENT DECLARING DEBTS N ONDISCHARGE ABLE Lehman Brothers, Inc. (“Shearson”), successor in interest to Shearson Lehman Hutton, Inc., sued Richard Sehulman for a declaration that certain debts owed Shearson are nondisehargeable pursuant to section 523(a)(2)(A) or (a)(4) of the Bankruptcy Code. 11 U.S.C. § 523(a)(2)(A) and (a)(4) (hereinafter title 11 of the...
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DECISION and ORDER At South Bend, Indiana, on This matter is before the court on a COMPLAINT FOR EXCEPTION TO DISCHARGE under 11 U.S.C. § 523(a)(2)(A) (“Complaint”). The Complaint was filed on February 21, 1995, by Household Credit Services (“HCS”), a creditor of the bankruptcy estate of Lyndell D. Jacobs and Patricia A. Jacobs (“Jacobs”), Debtors herein. A hearing was held on Ma...
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MEMORANDUM OF DECISION Before me on a stipulated record is the Chapter 7 trustee’s objection to Sibyl Higgs’ secured claim insofar as it extends to funds she paid Fleet Bank of Maine in satisfaction of its first mortgage on the debtors’ real property. The trustee concedes that Ms. Higgs has a valid claim as subrogee, but argues that the claim cannot be a secured claim because Fleet, r...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court upon a Motion for Writ of Garnishment filed by Debt- or/Plaintiff, Juliet Kilby and a Response filed by Defendant, Terri Ilgen. A hearing was held on March 7, 1996, based upon which the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT This Court entered an Order Awarding ...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the Debt- or’s Motion for Summary Judgment (the “Motion”) and the Opposition to the Motion filed by the Plaintiff, Martin Santa (“Santa” or the “Plaintiff’). The Plaintiff purports to act on behalf of a class, whose identity is not identified in the caption of this adversary proceeding. The Plaintiff filed the above-referenced...
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ORDER ON (1) MOTION OF LYKES BROS. STEAMSHIP CO., INC. FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO COUNTS I AND II OF ITS COUNTERCLAIM AND CROSS-CLAIM AND (2) MOTION BY BLUE WATER ASSOCIATES, L.P., GATX FINANCIAL SERVICES, INC., GATX CAPITAL CORP., AND GILMAN FINANCIAL SERVICES, INC. FOR SUMMARY JUDGMENT DISMISSING CROSS-CLAIMS OF LYKES BROS. STEAMSHIP CO., INC. This is a Chapter 11 reor...
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OPINION This adversary proceeding involves the interplay between 11 U.S.C. §§ 523(a)(5) and 523(a)(15) regarding the dischargeability of a $44,082 state court award in a marital dissolution. Although the parties have litigated on the assumption that only § 523(a)(15) applies, the evidence establishes that 97 percent of the state court’s award constitutes nondischargeable support under § 5...
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MEMORANDUM OPINION Richard D. Chinnery, hereinafter debtor, filed his petition for relief under Chapter 7 of the Bankruptcy Reform Act. Maria Alice Brandenberger, hereinafter creditor, timely filed her complaint to determiné discharge-ability of her claim. It is her contention that under the provisions of 11 U.S.C. § 523(a)(2)(A) misrepresentations were made to her by debtor that caused her t...
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ORDER Currently before the Court in this matter is the “Complaint to Determine Discharge-ability of Debt” of Connie D. Humiston (hereinafter “the Creditor”). This Complaint comes as part of an adversary proceeding, commenced by the Creditor to determine the dischargeability of certain divorce-related debts owed her by James David Huddelston (hereinafter “the Debtor”). It, therefore, g...
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MEMORANDUM OPINION This adversary proceeding follows an extensive history in the federal court system arising from the filing of a voluntary petition under Chapter 12 of the Bankruptcy Code by Bobby N. Graven and Millie A. Graven, and this Court need not repeat the facts in detail. 1 However, the facts relevant to this adversary are as follows. Bobby N. Graven and Millie A. Graven filed t...
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MEMORANDUM OF DECISION Background. This adversary proceeding is brought by the Plaintiffs Dale and Leah Jones, as Chapter 18 debtors (hereafter “Debtors”), against the Internal Revenue Service (hereafter “the IRS”) seeking a determination from the Court that Debtors are no longer hable for certain taxes. The matter is before the Court after a hearing held on April 25, 1996, at which the Court to...
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MEMORANDUM OPINION AND ORDER DENYING THE DEBTORS’ MOTION TO REJECT UMWA AGREEMENT, GRANTING THE DEBTORS’ MOTION TO SELL SUBSTANTIALLY ALL ITS ASSETS SUBJECT TO THE RIGHT OF ITS UMWA EMPLOYEES TO FILE CLAIMS FOR POST PETITION BREACH OF CONTRACT, GRANTING THE DEBTORS’ REQUEST THAT SUCH SALE BE FREE AND CLEAR OF ANY INTERESTS WITH CLAIMS AND INTERESTS ATTACHING TO THE PROCEEDS FROM SALE, AND DENYI...
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OPINION A INTRODUCTION The Objection of FRANCIS A. IZZI (“the Husband”) and ROSE IZZI (“the Wife,” with the Husband, “the Debtors”) to the proof of claim filed on behalf of Robert DeLong (“the Claimant”) raises several interesting issues regarding the impact of the automatic stay upon a state court action (“the State Action”) which the non-debtor Claimant filed and prosecuted, unaware of ...
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DECISION ON EXCEPTION TO DIS-CHARGEABILITY AND REVOCATION OF DISCHARGE Before the court is a bitterly contested adversary proceeding between implacable foes of long standing, a bumbling bank and a cunningly devious entrepreneur, Joseph Scarpinito. At the core of this dispute is a $1.4 million loan by the plaintiff, Gateway State Bank, to Mr. Scarpinito under what may be viewed in hind...
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MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW On March 4,1996, the Court held a trial on the plaintiffs complaint to determine the dis- *443 changeability of a debt under 11 U.S.C. § 523(a)(2)(A). The plaintiff, Chevy Chase Bank, FSB, is an issuer of credit cards, and seeks to except from discharge its claim on a card issued to the debtors, David and Noreen...
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DECISION ON MOTION TO VACATE PORTIONS OF THE JURY’S SPECIAL VERDICT AND FOR AN ORDER DIRECTING EITHER A NEW TRIAL OF THE AFFIRMATIVE DEFENSE UNDER 11 U.S.C. 51.7(c)(2) OR ENTRY OF JUDGMENT IN FAVOR OF DEFENDANT AS A MATTER OF LAW UPON ADDITIONAL FINDINGS TO BE MADE BY THE COURT I. BACKGROUND Plaintiff, CEPA Consulting, Ltd., as liquidating Trustee for the Liquidating T...
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MEMORANDUM OPINION STATEMENT OF FACTS Thomas Agresti, plaintiff and Chapter 7 trustee in this bankruptcy case, brings this motion requesting that this Court enter an order to transfer into this Court another bankruptcy case presently pending in the U.S. Bankruptcy Court for the Southern District of Ohio. EBAR East, Inc., defendant and the Chapter 11 debtor in the other bankruptcy case, ob...
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ORDER On the 20th day of May, 1996, the above-referenced adversary proceeding came on for trial. Counsel appearing were Jim Pearson for the Plaintiff and Mac Finlayson for the Defendant, Texas Guaranteed Student Loan Corporation. After a review of the above-referenced adversary proceeding, hearing testimony presented and arguments of counsel, this Court does hereby enter the following findi...
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MEMORANDUM OPINION STATEMENT OF FACTS ACME Music Company (ACME), debtor and plaintiff in this adversary proceeding, initiated this bankruptcy case by filing a petition under Chapter 11 on October 5, 1993. The Internal Revenue Service (IRS), defendant in this proceeding, filed a proof of claim in this case for $2,893,729.35, asserting liability on ACME’s part for outstanding t...
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MEMORANDUM OF DECISION Before the Court for determination is an “Application by Secured Creditor Melrose Co-operative Bank for Legal Fees and Costs” (the “Application”). Pursuant to the Application, Melrose Co-operative Bank (the “Bank”), an overseeured creditor, requests the allowance of legal fees and expenses in the amount of $3,859.16, pursuant to 11 U.S.C. § 506(b) and Mass.Gen.L...
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MEMORANDUM OPINION A hearing was held in open court on May 28,1996, on the objection filed by the chapter 7 trustee, Donald F. King, on March 8, 1996, to the debtor’s claim of exemption in the proceeds of sale of 3201 Lockheed Boulevard, Alexandria, Virginia, in the amount of $59,-000. At the conclusion of the hearing, the court ruled from the bench that the sales proceeds could not be claimed ...
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MEMORANDUM This action involves a determination of the bankruptcy estate’s right to receive a refund of certain real property taxes under 11 U.S.C. § 505(a). The chapter 7 trustee, N. David Roberts, Jr. (the “Trustee”), avers that the appraisals of Kingsport Mall from which the real property taxes were assessed by the City of Kingsport and Sullivan County, Tennessee for tax years 1989...
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MEMORANDUM OF OPINION AND ORDER Before this Court is the Trustee’s Motion to Compromise Claim arising from a Complaint to Revoke Discharge pursuant to 11 *778 U.S.C. § 727(a)(2)(A) and (B) and Rule 9019(a) Bankr.R.. If approved, the compromise provides for the dismissal of all claims that the Trustee has against the debtor. No objection to the compromise has been filed; the Trustee asserts ...
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DECISION ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY Tammy Newman, a creditor and the former spouse of this chapter 7 debtor, moves for relief from the automatic stay so that she may enforce a prepetition order for child support and maintenance and a prepetition judgment for child and spousal support and legal fees out of the debtor’s postpetition assets. She also seeks to pursue an ...
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This matter is before the Court pursuant to an adversary proceeding filed by Andrew Thaler, Esq., the Chapter 7 Trustee (the “Trustee” or the “Plaintiff’) against Michael Erdheim (the “Debtor” or the “Defendant”), seeking to bar the Debtor’s discharge under, inter alia, 11 U.S.C. sections 727(a)(4)(D), (a)(3) and (a)(5). The Debtor has moved to dismiss certain of the causes of action...
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DECISION RE EXCLUSIVITY EXTENSION This Chapter 11 debtor filed its bankruptcy case November 7, 1995. The exclusivity period provided by statute, that period during which only debtor may file a plan, expired March 7, 1996, and the associated period to gain acceptance of the plan will expire May 7,1996. Debtor timely moved to extend the exclusivity periods until August 7, 1996 and October 7...
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DECISION ON MOTION FOR SUMMARY JUDGMENT DENYING DISCHARGE PURSUANT TO 11 U.S.C. § 727(a)(2)(A) I. INTRODUCTION The Debtor, Mahmoud S. Kablaoui (“Debt- or”), filed for relief under Chapter 11 of the Bankruptcy Code (the “Code”) on December 10,1993. His case was converted to Chapter 7 on December 2, 1994. This adversary proceeding was commenced on March 16, 1995 by Norma Najjar (“Plaintiff’) se...
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DECISION ON MOTION TO APPROVE COMPROMISES AND TO DISALLOW CLAIMS *262 TABLE OF CONTENTS Page I. Introduction 262 II. Government Claims 263 III. The Settlement Agreement — Derivation of Provisions 263 IV. The Motion of Debtors and the U.S. 265 A. Debtors’ Motion 265 B. The Motion of the U.S. 266 C. Response of Objecting PRPs 268 V. Fair...
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MEMORANDUM OF OPINION AND ORDER This ease is before the Court on the Plaintiffs Motion for Summary Judgment, the Defendant’s Brief in Opposition, and the Plaintiffs Reply thereto. Plaintiff sustained injuries in a fight with Defendant. He obtained a judgment in the Barnstable Massachusetts Superior Court in the amount of $50,000.00. Plaintiff seeks to obtain a ruling from this Court t...
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MEMORANDUM OPINION The Court has before it the complaint of MBNA America (“Plaintiff’) against Mark Edward Chrusz (“Defendant”) seeking that a certain access check in the amount of $16,000 used by the Defendant be excepted from discharge pursuant to 11 U.S.C. §§ 523(a)(2)(C) (Count II) and 523(a)(14) (Count IV). The Court has previously granted summary judgment to the Defendant with respect...
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MEMORANDUM OPINION THIS MATTER came before the Court upon the motion of NationsCredit Commercial Corporation of America for partial summary judgment regarding the validity, priority, and extent of security interests in used inventory claimed by NationsCredit and by Citizens Bank. The Court having listened to the arguments of counsel, reviewed the briefs and pleadings, and being otherwise full...
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ORDER The Court conducted a trial on June 11, 1996 at which time extensive documentary evidence was received and oral testimony by both plaintiff and defendant regarding the sole question as to whether a $4,000 obligation under a promissory note executed in accordance with the marital divorce stipulation entered in October of 1994 payable one year later should be determined to be non-discharg...
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*770 OPINION REGARDING VALIDITY OF ARTISAN’S LIEN I.ISSUE Under Michigan law, is continuous possession required to maintain a valid and enforceable statutory artisan’s lien? II.JURISDICTION The court has jurisdiction over this adversary proceeding. 1 28 U.S.C. § 1384 and § 157(b)(1). This dispute is a core proceeding under 28 U.S.C. § 157(b)(2)(C), (...
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ORDER At Butte in said District this 12th day of April, 1996. After due notice hearing was held in this Chapter 7 bankruptcy, on a Motion to Avoid Lien on real property filed by Debtors Ronald Lewis Todd and Shirley Ann Todd (“Debtors”) January 29, 1996. The affected creditor, Pioneer Liquidating Corporation (“Pioneer”), filed an objection to the motion on March 4, 1996. At hearing b...
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ORDER This matter is before the Court on the Motion of Chemical Bank as Trustee for relief from the automatic stay pursuant to 11 U.S.C. § 362(a) or to dismiss ease. Appearances were as noted in the record. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S....
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Motion to Remand or, in the Alternative, to Abstain or Remand and the Motion to Stay Enforcement of Federal Rules of Civil Procedure and Federal Rules of Bankruptcy Procedure filed by the PlaintiffiDebtor Beverly Royal. Appearing at the April 15, 1996, hearing on the motions were David Harrison and Allison Shelley, at...
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OPINION This matter is before the Court upon the request for payment of an administrative expense filed by Fox, Rothschild, O’Brien & Frankel (“Fox Rothschild”). Fox Rothschild is counsel to fifteen former employees of the Debtor who filed priority wage claims in this Chapter 11 ease (the “Former Employees”). 1 Objections to Fox Rothschild’s request were filed by another pr...
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The office of the United States Trustee has objected to the administrative claim of H. James Abdella for legal fees arising from services rendered on behalf of the Chapter 7 debtors. Because the debtors filed their petition prior to October 22, 1994, the outcome is determined by well-defined standards that *19 apply to eases filed before the effective date of the Bankruptcy Reform Act of 1994. ...
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MEMORANDUM OPINION I. INTRODUCTION This cause came on for final evidentiary hearing upon the adversary proceeding, filed by Celotex Corporation and Carey Canada, Inc., (collectively referred to hereinafter as Debtor). Debtor seeks a declaratory judgment as to the insurance coverage under numerous insurance policies purchased by Debtor for: 1) asbestos property damage; 1 2)...
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BENCH DECISION MOTION FOR THE APPOINTMENT OF AN OFFICIAL COMMITTEE OF EQUITY SECURI-TYHOLDERS Ingalls & Snyder Value Partners, L.P. have moved for an order directing the appointment of an Official Committee of Equity Security Holders. Certain other individual shareholders have joined this request. These other shareholders state they own in the aggregate about 2 million shares, or more...
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ORDER GRANTING MOTION FOR RECONSIDERATION This ease came on for hearing on May 15, 1996, on the Motion for Reconsideration (the “Motion for Reconsideration”) filed by the United States Trustee (the “Trustee”) with respect to the Order Overruling Objection by United States Trustee to Debtor’s Motion for Final Decree (the “Prior Order”) (194 B.R. 280). The Trustee objects to entry of a ...
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MEMORANDUM DECISION Karl and Cheral Flugel, debtors herein, (“Debtors”) have proposed a Chapter 13 plan which includes a “special provision” for the assumption of a lease of real property. D.W.A. Smith 7 Company (DWA), the lessor, opposes confirmation on the grounds that the Debtors may not assume the lease under divers provisions of Bankruptcy Code Section 365. This Court has subjec...
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Memorandum Opinion The Court has before it the final application for fees of Attorney Terrie Harman, attorney for the Debtor herein. This Court has jurisdiction of the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(a) and the “Standing Order of Referral of Title 11 Proceedings to the United States Bankruptcy Court for the District of New Hampshire,” dated January 18, 1994 (...
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MEMORANDUM DECISION RE: ORDER TO SHOW CAUSE On September 5, 1995, Ibolya Rausch filed a Chapter 7 1 petition pro se. On her “Statement of Assistance by Non-Attorney”, she disclosed that she had paid $150 to “Jack Ferm” for assistance in filing the petition. A “Statement of Assistance by Non-Attorney Re: Filing The Bankruptcy Petition” was signed by Ferm. It failed to state his Social Security...
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MEMORANDUM GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT The Plaintiff, James Arlin Ramsey, is a judgment creditor of the Debtor/Defendant, David F. Bernstein, by virtue of a judgment issued by the Circuit Court for Dickenson County, Virginia on February 7, 1995. This judgment was amended on February 23, 1995. As the judgment now stands, it is in the amount of $150,000 compensatory...
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ORDER These three jointly administered Chapter 11 cases are before the Court on PNC Bank, N.A.’s (“PNC’s”) motion to dismiss and on debtors’ request for confirmation of a Chapter 11 plan. The matters involved herein constitute a core proceeding over which this Court has jurisdiction. See 28 U.S.C. § 157(b)(2)(A), (L) and (0). The parties pre *391 sented their a...
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MEMORANDUM OF DECISION I. ISSUE The principal question presented in this adversary proceeding, submitted to the court *20 upon a stipulation of facts and memoranda of law, is whether a trustee may avoid a creditor’s prepetition attachment purportedly placed upon the debtor’s partnership interest in a general partnership. II. BACKGROUND Mat...
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SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER was heard May 23, 1996 on the motions of the United States, through the Internal Revenue Service (“IRS”) and the chapter 13 trustee to dismiss this chapter 13 case. At the conclusion of the hearing, I orally granted the IRS’ motion and announced my findings of fact and conclusions of law on the record in open court. I hereby sup...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS adversary proceeding came on for trial on the complaint of William J. Miller, Jr. as trustee of A.W. & Associates to avoid as a preferential transfer a payment of $6,131.05 made by the debtor to the defendant within ninety (90) days prior to the filing of the bankruptcy petition. The defendant has raised the ordinary course of business exce...
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ORDER ON DISTRICT COURT’S ORDER OF REMAND FACTS 1 AND PROCEDURAL HISTORY THIS MATTER is before the Court pursuant to the order of remand by the District Court for an evidentiary hearing on the issue of whether the reopening of this case is barred by the doctrine of laches. The following facts are not in dispute. The Debtor was a dairy farmer whose herd was allegedly infected with brucello...
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MEMORANDUM OPINION AND ORDER ON MOTION FOR CLARIFICATION OR TO ALTER OR AMEND JUDGMENT THIS MATTER comes before the Court on the Motion of First Omni Bank, N.A. (Bank) for Clarification or to Alter or Amend Judgment (Motion). Appearing for oral argument on May 14, 1996 was Paul G. Urtz of Stutz & Miller on behalf of First Omni Bank, N.A In the Motion, the Bank seeks clarification or modif...
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DECISION AND ORDER Heard on April 4,1996, on the Objection of Citizens Trust Company to the Debtor’s Disclosure Statement and Plan of Reorganization. At issue is the effect of a “Participation Agreement,” so-called, between Citizens and Marie Porcaro (“Porcaro”), vis-a-vis the Debtor’s classification of Porcaro as the holder of a secured-claim in this case. The Plan treats Porcaro as ...
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ORDER TO SHOW CAUSE: (1) WHY THE DEBTOR AND HIS ATTORNEY SHOULD NOT BE SANCTIONED FOR FILING FALSE AND/OR INACCURATE SCHEDULES AND DECLARATIONS; AND (2) WHY THE REAFFIRMATION AGREEMENT SHOULD NOT BE STRICKEN AND/OR DECLARED VOID Before the Court is a Reaffirmation Agreement wherein the Debtor agrees to pay Citizens Bank $147.40 per month on an outstanding loan of $4,097.40, plus inter...
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ORDER ON MOTION BY UNITED STATES FOR SUMMARY JUDGMENT THIS CASE came before the Court to consider the Motion for Summary Judgment filed by the United States of America (the United States). The Motion relates to a Complaint to Determine Dischargeability of Debt filed by the Debtor, Paul Anthony Parker. In his Complaint, the Debtor acknowledges that he is obligated to the United States...
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DECISION AND ORDER: (1) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; (%) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the Court are Cross Motions for Summary Judgment in this adversary proceeding, wherein the Plaintiff-Debtor (Lopes) complains that the Internal Revenue Service improperly offset and paid her 1994 federal tax refund to the Defendant, the...
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ORDER ON UNITED STATES OF AMERICA’S OBJECTION TO CONFIRMATION OF DEBTORS’ AMENDED CHAPTER IS PLAN Debtors commenced this case on November 29,1995, by filing a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. 1 On December 14, 1995, debtors filed a Chapter 13 plan providing for monthly plan payments of $7,264.36 for a term of 57 months. Through the plan, the United Stat...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial on the complaint compel turnover of assets, filed on April 30, 1996. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. 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)(E). Hamilton seeks turnover of his airplane from...
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ORDER OF DISMISSAL THIS CAUSE is before the Court upon the defendant’s Motion to Dismiss for Lack of Jurisdiction filed on May 31, 1996, and the plaintiffs’ Motion to Strike Defendant’s Motion to Dismiss, filed on June 5, 1996. This case was filed on May 19, 1995, and objections to discharge and complaints to determine dischargeability were required to be filed by August 21, 1995. Fed...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the complaint to determine dis-chargeability pursuant to 11 U.S.C. § 523(a)(4). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. 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)(I). The debtor is a “golf pro” who, u...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of C & H Enterprises (“C & H”) Objecting to Rejection of Executory Contracts or in the Alternative to Provide Lessee with Relief Pursuant to 11 U.S.C. § 365(h) (1 )(A) (ii); C & H’s Memorandum of Law; Memorandum of First Nationwide Bank (“Bank”) in Support of Debtor’s Motion for Entry of an Order Authorizing Rejection...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon the Motion for Summary Judgment filed by the trustee on March 13, 1996. The complaint objects to the debtor’s discharge, citing 11 U.S.C. §§ 727(a)(2)(A), (B), 727(a)(3), 727(a)(4)(A)(D), asserting that the debtor transferred property pre- and post-petition, lied under oath on his bankruptcy schedules and at the se...
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MEMORANDUM OPINION Ernest Kirk, II, Chapter 7 Trustee (“Trustee”) filed on November 8, 1995, his Trustee’s Objection to Debtors’ Amendment *400 to Exemptions. A hearing on Trustee’s objection was held on April 2, 1996. The Court, having considered the evidence presented and the arguments of counsel, now publishes this memorandum opinion. Paul A. Williams, Debtor, was...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial in this adversary proceeding to determine the dischargeability of debts pursuant to 11 U.S.C. § 523(a)(15). George and Patricia married in 1983 and divorced in 1991. During their marriage they accrued a large amount of credit card debt which they apportioned between them at the conclusion of the...
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DECISION DENYING MOTION BY DEFENDANTS FOR STAY OF TRUSTEE’S ADVERSARY PROCEEDING Before the Court is a motion by the defendants Bruce Gordon, Richard C. Grossman, Joyce Grossman, Publishing Ventures, Inc., Sterling Who’s Who, Inc., Who’s Who Executive Club, Inc. and Registry Publishing Inc. (collectively the “Defendants”) to stay the adversary proceeding commenced by Allan ...
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MEMORANDUM OPINION AND ORDER This matter came before the Court on the Motion of Robert Barker and Theodore Lieb-lich (“Barker and Lieblich”) to Reconsider Judgment (“Motion to Reconsider”); Barker and Lieblich’s Memorandum in Support of Motion to Reconsider; Response of the Chapter 7 Trustee (“Trustee”), James E. Stevens, to Petitioner’s Motion to Reconsider; and Barker and Lieblich’s...
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ORDER CONFIRMING CHAPTER 13 PLAN This case is before the Court for confirmation of the debtors’ plan. At issue is the valuation of the debtors’ semi-tractor under 11 U.S.C. § 506(a). The debtors, Mark Anthony Byington and Bonnie Kay Byington, appear in person and through their counsel, Martin R. Ufford, Wichita, Kansas. The creditor, Associates Commercial Corporation (hereinafter “ACC”), ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the complaint to determine dis-chargeability of debt pursuant to section 523(a)(15). In addition, there is pending a motion by the defendant to amend his answer, filed on April 2, 1996. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. This is a “core proceeding” w...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the complaint filed by the debtors for wilful violation of the automatic stay, conversion and interference with a contractual relationship. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that these are “core proceedings” within the meaning...
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ORDER DENYING MOTION FOR SUMMARY JUDGMENT This proceeding is before the Court upon a Motion for Summary Judgment filed by Plaintiff. No response to the Motion was *383 filed by Defendant. Plaintiff filed this proceeding seeking to except from discharge the amount owed by Defendant to Plaintiff, which Defendant incurred by use of an A.T. & T. Universal Credit Card. Su...
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OPINION AND ORDER DENYING COMPLAINT TO DISCHARGE DEBT AND EXCEPTING DEBT FROM DISCHARGE This matter is before the Court on Debt- or/plaintiff Robert A. Hobbs’ (the “Debtor”) complaint which seeks to discharge his obligation to make certain annual payments to his former wife Monica C.P. Hobbs (the “defendant”) arising from a decree of dissolution entered on April 19, 1989. After considerin...
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ORDER THIS CAUSE is before the Court upon a review of the post-trial briefs filed in this adversary proceeding. Trial of this matter was held on May 15, 1996, during which the debtor John Honeycutt testified that he believed the schedules listed the debtors’ interest in a mobile home as exempt. Since this testimony raised issues regarding the trustee’s standing to pursue this adversar...
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OPINION AND ORDER DENYING MOTION FOR CIVIL CONTEMPT AND DISMISSING MOTION FOR AN ORDER TO ENFORCE COMPROMISE FOR WANT OF JURISDICTION This matter is before the Court on Capital Market Consultants, Inc., n/k/a TransCapital *837 Ltd.’s (“TCL”) motion for an order to enforce thé postconfirmation compromise agreement entered into between BOP USA, Inc., the reorganized debtor, (th...
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OPINION AND ORDER EXCEPTING DEBT FROM DISCHARGE AND DISMISSING COMPLAINT This matter is before the Court on Debt- or/plaintiff Katy J. McLeod’s (the “Debtor”) complaint which seeks to discharge promissory notes in the amount of $9,056.41 (the “Notes”) held by AFSA Data Corp. (“AFSA”) pursuant to 11 U.S.C. § 523(a)(8). Based on the Court’s consideration of the evidence adduced at the hearing on ...
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OPINION AND ORDER DENYING MOTION TO AMEND OR MAKE ADDITIONAL FINDINGS OF FACT This matter is before the Court on Debtor Margaret Braithwaite’s (the “Debtor”) motion to amend or make additional findings of fact pursuant to Fed.R.Civ.P. 52(b), made applicable in bankruptcy proceedings by Fed. R.Bankr.P. 7052. Specifically, the Debtor *835seeks to amend this Court’s opinion and order dated February ...
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MEMORANDUM OF DECISION Before me is the U.S. Trustee’s § 707(b) motion seeking dismissal of Dr. Joseph Mas-tromarino’s voluntary Chapter 7 case. For the reasons set forth below, I conclude that to provide Mastromarino the relief he seeks would be a “substantial abuse” of Chapter 7’s provisions and therefore will grant the motion. 1 Background Mastromarino filed h...
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MEMORANDUM OPINION AND ORDER Defendants Magic American Cafe, Inc. and Magic Restaurants, Inc. have moved for summary judgment on the complaint of plaintiff Bowie Produce Co., Inc. This is the courts Opinion in this core proceeding. 28 U.S.C. § 157(b)(2)(B) & (K). I. LEGAL STANDARD In considering defendants’ motion for summary judgment, the court will view the record ...
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MEMORANDUM OPINION Trial on plaintiffs complaint to except debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6) was held on December 6, 1995. Debtor defendant appeared pro se. For reasons stated in this opinion judgment will be entered for the debtor and the complaint dismissed. Facts Plaintiff is the trustee of the Robin Slane Wier Revocable Trust. Du...
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MEMORANDUM OPINION Trial was held on plaintiffs complaint to except a debt from discharge under 11 U.S.C. §§ 523(a)(2)(A) and (a)(4) on October 18, 1995. At the conclusion of the trial, the court took the matter under advisement. For the reasons stated in this opinion, the court finds the debt must be excepted from debtor’s discharge. This opinion constitutes the court’s findings of fact and ...
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OPINION AND ORDER THIS MATTER came on for trial on June 10, 1996, on the Plaintiff, United States of America’s (“IRS”) Complaint to Determine Dischargeability of defendant’s 1978 and 1981 federal income tax deficiencies pursuant to 11 U.S.C. § 523(a)(1)(C). Based upon the evidence presented at trial, the Court makes the following findings of fact and conclusions of law. FACTUAL FINDINGS ...
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MEMORANDUM OPINION AND ORDER In this adversary proceeding, the plaintiffs seek rescission of a contract, damages from the defendants, and other equitable relief. This is the court’s decision after a three day trial on this proceeding. 1 All plaintiff and defendant parties have consented to the entry of a final judgment by this court. 28 U.S.C. § 157(c)(2). I. Fac...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of Tulare Nut Company (“Tulare”) for Summary Judgment, or in the alternative, for Partial Summary Judgment, on both counts of the Adversary Complaint (“Complaint”) filed by S.N.A. Nut Company (“Debtor”), and the Debtor’s Cross-Motion for Summary Judgment. For the reasons set forth herein, Tulare’s Motion for Summary Judgme...
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MEMORANDUM OPINION Hearing was held on March 6, 1996, on debtors’ objeetiori to Moore Loans Inc.’s proof of claim and on Moore Loans’s objection to confirmation of debtors’ second modified chapter 13 plan. Both objections centered on the valuation of Moore Loans’s collateral, a 1993 Ford Aerostar van. Debtors argued that, under the doctrine of res judicata, Moore Loans is bound by the provision...
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MEMORANDUM OPINION Trial was held on November 14, 1995, on plaintiffs complaint to except certain debts from debtor’s discharge pursuant to 11 U.S.C. § 523(a)(15). At the conclusion of the trial, the court took the matter under advisement. For the reasons stated in this opinion, the court finds that debtor’s obligation to make monthly mortgage payments on the marital residence is discharg...
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MEMORANDUM OPINION AND ORDER Currently before the Court is the Adversary Proceeding initiated by Blenda D. Morris (hereinafter “Plaintiff’) against her former spouse, Russell E. Morris III (hereinafter “Debtor”). In this proceeding, Plaintiff seeks to have Debtor’s obligation to pay a marital debt pursuant to a property settlement agreement entered into between the parties at the time of ...
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OPINION AND ORDER The current procedural posture of the above-captioned adversary and bankruptcy case brings before this court Debtors’ Objections to the Proofs of Claim filed by Simon Konover and Stroudsburg Commercial Associates Limited Partnership, (hereinafter “Claimants”), the Claimants’ written Objections to the Debtors’ Objections, and a Motion to Dismiss the above removed adve...
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OPINION AND ORDER The Debtors/Plaintiffs have filed a complaint to determined secured status and avoid the lien of a mortgage against Valarie J. Marlow and Mathias R. Brickler, Sr. (“Defendants”). In common parlance, an attempt is being made to “strip down” a mortgage in the amount of Seventeen Thousand Dollars ($17,-000.00) payable to the- Defendants. There is no dispute as to the facts....
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OPINION AND ORDER The Trustee initiated this matter by filing an adversary under 11 U.S.C. § 542 of the United States Bankruptcy Code seeking a turnover of the proceeds of a letter of credit issued from Northeastern Bank for and on behalf of the Debtor to Westfall Township. After the initiation of this adversary, both ILM, Inc. and Samall Associates, Inc. were permitted to intervene a...
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MEMORANDUM OF OPINION AND ORDER This adversary proceeding is before the Court on the Plaintiffs Motion to Compel Discovery. Plaintiff seeks an order compelling Defendant to appear for a deposition duces tecum. Defendant argues that he is not required to appear for the deposition unless and until Plaintiff provides the appropriate fees and other costs as provided for under 28 U.S.C. § 1821. Furth...
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*209 OPINION A. INTRODUCTION Presently before this court is a motion (“the Motion”) filed by R/S Financial Corp. (“the Movant”), seeking sanctions against David M. Still, Esquire, the Debtor’s counsel (“Counsel”), pursuant to Federal Rule of Bankruptcy Procedure (“F.R.B.P”) 9011. The relief sought is payment of the Movant’s legal fees of $4,873.11 incurred in defendi...
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MEMORANDUM OF DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant Michael Ricci (“Ricci”) has filed a motion for summary judgment in this adversary proceeding as to all dispositive issues *674 presented by the complaint. The complaint seeks: (1) to have a trustee’s deed which was given to and recorded by Ricci upon his pre-petition foreclosure of the plaintiffs’ residence declared v...
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MEMORANDUM DECISION Kevin Koch, while a sole proprietor, contracted for roofing jobs and purchased materials from various suppliers. Between *656 August, 1990, and November, 1990, Koch maintained an account with Chase Lumber & Fuel Company, Inc. He used materials purchased from Chase Lumber to complete numerous roofing repairs. According to Koch, he paid “whatever I had at th...
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OPINION AND ORDER Objections have been filed by the Debtors to the Proof of Claim of the Tioga County Tax Claim Bureau which claim asserts “priority status” for various taxes accruing during 1992, 1993 and 1994 against the Debtors’ real estate. At the time of the trial on this matter on August 2, 1995, the parties agreed that there was no material factual disputes. The parties further agree...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on April 29, 1995, on the Debtors’ Motion to Confirm Chapter 13 Plan and the Objection thereto filed by the chapter 13 Trustee. The Trustee’s sole objection is that the proposed Chapter 13 Plan does not meet the “best-interest-of-creditors” test under 11 U.S.C. § 1325(a)(4). That Code section reads as follows: (a) Except as provid...
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*446 DECISION ON MOTION TO DISMISS ADVERSARY PROCEEDING I. BACKGROUND On March 27, 1996, GNK Enterprises, Inc., (the “Debtor”), filed an adversary complaint individually and as assignee of Atlantic Gypsum Co. (“AGC”) against ConAgra, Inc. (“ConAgra” or the “Defendant”) as successor to Woodward & Dickerson (“Woodward & Dickerson”). The Debtor’s complaint states seven clai...
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ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS Plaintiff Fern Artus moved this Court for an Order permitting her to commence an adversary proceeding in forma pauperis (“IFP”). Attached to plaintiffs motion was a verification. The United States District Court for the Western District of Missouri (the “District Court”) requires that an “Application for Leave to File Action with...
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MEMORANDUM OPINION The trustee’s objection to debtor Ian Thompson’s claim of exemption in an annuity issued by First Colony Life Insurance Company (First Colony) came on for hearing' on May 21, 1996. Debtor claims that payments he is scheduled to receive from First Colony in the future constitute an annuity that is exempt under ORS 743.049. The trustee argues that the payments are not an annuity o...
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*329 MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on April 16,1996, on the Motion for Turnover of Property of the Estate to Chapter 7 Trustee filed February 20, 1996, and the Debtors’ Objection thereto filed March 15,1996. This Chapter 7 case was filed October 4, 1995. At the § 341 meeting of creditors held November 16, 1995, the Trustee expressed concern wit...
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MEMORANDUM OPINION Plaintiff Princess House, Inc. (“plaintiff’ or “Princess House”) brought an adversary proceeding in debtors’ Chapter 11 bankruptcy case claiming a judgment obtained by plaintiff against debtor/defendant Deborah Kraft (“debtor”) in the United States District Court-Western District of Missouri (the “District Court”) on November 4, 1994, is nondischargeable pursuant to 11 U.S....
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DECISION ON COMPLAINT TO DETERMINE DISCHARGE-ABILITY OF DEBT In this adversary proceeding, Plaintiff, the law firm of Gulielmetti & Gesmer, P.C. (“Plaintiff’) are the former attorneys of Jeri Klein (“Debtor” or “Defendant”). Plaintiff seeks to have its unpaid attorney’s fees owed by Debtor declared nondischargeable pursuant to Bankruptcy Code section 523(a)(5). 1 According ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Joan Arndt (“Plaintiff’), a creditor of Steven Hanna (“Debtor” or “Defendant” or “Hanna”), a Chapter 7 debtor, initiated this adversary proceeding seeking a determination that an arbitration award (“Award”) rendered in her favor against him in the amount of $85,540.25 and confirmed by the Supreme Court of the State of New York, is nondis-chargeable ...
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MEMORANDUM ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The court has before it cross-motions for summary judgment filed by the Plaintiff and Defendant on May 22, 1996. Pursuant to Local Bankr.R. 9(c), each party filed a response in opposition to the other party’s motion on June 10, 1996. The motions and responses are supported by documents1 and affidavits executed by the Trustee, N. David Roberts, Jr...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court upon complaint to recover property of the estate pursuant to 11 U.S.C. § 542(b); to determine extent, validity ■ and priority of. lien; and objections to claims 13, 14 and 46. A trial was held on March 6,1996. Upon the evidence presented, the Court enters the following findings of fact and conclusions of law: *990 FI...
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ORDER Before the court is plaintiffs motion for summary judgment. Plaintiff Robert B. Wilcox, M.D., P.C. seeks a determination of the nondischargeability of defendant Susan Hritz’s indebtedness to him. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). For the reasons set forth below, the court denies plaintiffs motion. FACTS On June 10, 1991, plainti...
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*156 MEMORANDUM OF DECISION Before the court is the confirmation of the Chapter 13 plan of the debtors, Jeffrey Charles Myers (Jeffrey Myers) and Linda Kae Myers (collectively, Debtors). Toby L. Rosen, the Chapter 13 trustee (Trustee), filed an objection to confirmation, the court conducted a confirmation hearing, and following the submission by the Trustee of a list of authorities, took the ...
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OPINION AND ORDER GRANTING UNITED STATES’ MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT This matter is before the Court on the defendant United States’ motion to dismiss, or in the alternative, for summary judgment. The plaintiffs, William J. Brady and Jennifer S. Brady, oppose the government’s motion. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157(a) an...
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MEMORANDUM OF DECISION Before the court are cross motions for summary judgment filed by Ohio Student Aid Commission (OSAC), fka Ohio Student Loan Commission and the Chapter 13 trustee, Toby L. Rosen (Trustee), on behalf of the plaintiffs, Carlton Anthony and Melinda Sue Wagner (Debtors). Each moving party responded to the other’s motion, and the Debtors filed a response indicating that th...
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DECISION ON MOTIONS FOR SUMMARY JUDGMENT This ease came before the court on the amended complaint of the plaintiffs/debtors, Milton L. and Beverly Ann Straight, and the motions for summary judgment filed by the Straights and both defendants, the Internal Revenue Service (IRS) and the First Interstate Bank of Commerce (FIB). On February 13, 1996, the court held a hearing on the motions...
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IN PROCEEDINGS UNDER CHAPTER 11 OF THE BANKRUPTCY CODE ORDER Currently before the Court in this proceeding is the Motion for Termination of Exclusivity of Condor One, Inc. (hereinafter “Condor”) and a related Motion to Extend Exclusivity by Homestead Partners, Ltd. (hereinafter “the Debtor”). Forming an integral part of the Debtor’s Chapter 11 reorganization, these motions give r...
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REASONS FOR ORDER This matter came before the court on May 15, 1996 as a hearing on the debtor’s motion for final decree (PI. 81) and on the objection thereto filed by Fine Papers, Inc. (PI. 85) and the U.S. Trustee (“UST”) (PL 93). The objection filed by Fine Papers, Inc. was resolved. At the hearing, the court granted the debtor’s motion for final decree, and took under advisement t...
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During the lengthy administration of this difficult case, the Chapter 7 trustee rendered legal services for the benefit of the estate. Upon completing these tasks, however, the case trustee discovered that he had- neglected to secure his own appointment as general counsel. Accordingly, after submitting his final report and application for allowance of legal fees, the trustee moved for his retroac...
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MEMORANDUM OF DECISION Before this Court is the calculation of the amount of the claim of The Cadle Company of Ohio, Inc. (“Cadle”) in this case, as well as the “Supplemental Objections of The Cadle Company of Ohio, Inc. to Debtor’s Amended Plan of Reorganization”. I. BACKGROUND On November 28, 1994, Miraj & Sons, Inc. (the “Debtor”) filed a voluntary petition in this Court ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on to be heard upon the motion of LMS Holding Company, an Oklahoma corporation, Petroleum Marketing Company, an Oklahoma corporation and Retail Marketing Company, an Oklahoma corporation (“Debtors”). The bankruptcy eases of the three Debtors were previously consolidated for joint administration by order of this Court. Debtors seek a...
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ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF CERTAIN OBLIGATIONS UNDER 11 U.S.C. § 523(a)(5) The matter before the Court is the complaint filed by Patricia Alper-Cohn against her former husband William Sargis to determine whether certain obligations are dis-chargeable under Section 523(a)(5) of the Bankruptcy Code. Mr. Sargis filed an answer thereto and a trial was held. The Court has ...
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MEMORANDUM OPINION The chapter 7 trustee has submitted an omnibus motion wherein he seeks authorization to abandon real property, to distribute funds remaining in the bankruptcy estate, and to close the ease. United States of America Economic Development Administration (hereinafter “EDA”) and New York State Department of Environmental Conservation (hereinafter “NYSDEC”) oppose th...
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ORDER ON PRELIMINARY DISPOSITIVE MOTION The matter before the Court is the preliminary dispositive motion filed by Fidelity Capital Appreciation Fund (Fund), the response thereto filed by Jeffrey A. Weinman (Trustee), as Trustee for the Integra Unsecured Creditors’ Trust (Trust), and the Fund’s reply to the response. The Fund requests a determination on three dispositive issues: whether t...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT ON COUNT IX OF PLAINTIFF’S COMPLAINT This adversary proceeding came on before the Court for trial on Count IX of the Plaintiffs amended complaint, which sounds exclusively against Defendant Mark R. Leitner, Successor Conservator for Debra J. Rice. The Plaintiff appeared personally and by Timothy J. Ewald, her attorney. Defendant...
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MEMORANDUM OPINION Section 1408 of the Judicial Code (28 U.S.C. § 1408) provides that a bankruptcy case “may be commenced in the district court for the district in which the domicile, residence, principal place of business in the Unii> ed States, or principal assets of the person or entity that is subject of such case have been located” for the six-month period preceding the commencem...
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OPINION I.FACTS The debtor, Roger Nielsen (“Nielsen”) is an attorney practicing law in San Diego, California. In May, 1988, Nielsen entered into a marital property settlement with his non-debtor spouse in which Nielsen received a twenty-five percent (25%) interest in then-residential. real property and his wife received a seventy-five percent (75%) interest. Despite the execution...
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MEMORANDUM OPINION This matter came before the Court on the motions of Precision Autocraft, Inc. (“Precision”) and WTD Industries, Inc. (“WTD”) for final decrees. The United States Trustee (“UST”) objected in both cases, on the ground that Precision and WTD (collectively, the “Debtors”) owed quarterly fees to the UST under 28 U.S.C. § 1930(a)(6), as amended by § 211 of the Balanced Budget...
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DECISION AND ORDER ON U.S. TRUSTEE’S MOTION UNDER 11 U.S.C. § 110 (DOC. # 22) This matter is before the court upon the motion of the U.S. Trustee for a finding of various violations of 11 U.S.C. § 110 by Eugene White and Lancaster Bankruptcy Center (aka Legal Aid Services) as well as the imposition of penalties under the provisions of that section of the Bankruptcy Code. The court has jur...
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DECISION AND ORDER DENYING THE AWARD OF § 362(h) DAMAGES TO CORPORATE DEBTOR AND RESERVING THE ISSUE OF DAMAGES FOR CIVIL CONTEMPT The court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This proceeding constitutes a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). PROCEDURAL HISTORY In its Decis...
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DECISION This matter comes before the court on a complaint by the plaintiff, Regina Lance, seeking a declaration that the judgment debt owed to her by the debtor, Fred Tillman, is nondischargeable under 11 U.S.C. § 523(a)(2)(A). The court held a trial on this matter on May 14, 1996, and after considering the evidence presented, argument of counsel and post-trial memoranda issues the f...
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OPINION A INTRODUCTION The instant dispute between ROY A. GLENN (“the Debtor”) and the Internal Revenue Service (“the IRS”) involves the right of the IRS to set off a $2,327 1995 federal income tax refund (“the Refund”) for a tax year which ended prior to the Debtor’s Chapter 13 filing on January 12,1996, but for which the return was neither due nor filed at the time that...
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MEMORANDUM OPINION AND ORDER INTRODUCTION The Internal Revenue Service’s Motion to Dismiss presents the issue of whether its disputed claim may be included in calculating the debt limits for a Chapter 13 debtor under 11 U.S.C. § 109(e). 1 The Court holds that the disputed claim may be computed in determining § 109(e) eligibility. JURISDICTION This Court has juris...
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MEMORANDUM OF DECISION RE MOTION FOR ORDER DISALLOWING RELIANCE’S CLAIM AND ORDER This Chapter 11 case was commenced on August 22, 1995. An order approving the Debtor’s disclosure statement was entered on April 2, 1996. The hearing regarding confirmation of the Debtor’s and Official Committee of Unsecured Creditors’ (“Committee”) Chapter 11 plan of reorganization was heard along with this motio...
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MEMORANDUM OPINION This matter comes before the Court on the motions of Lesly F. Datlow (“Datlow”) for leave to file a claim and to lift the automatic stay, and on the motion of Angelica B. Wro-bel (the “Debtor”) for sanctions under 11 U.S.C. § 362(h) and Federal Rule of Bankruptcy Procedure 9020. The Court held a trial on these motions on May 22, 1996. For the reasons set ...
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MEMORANDUM OPINION ON FIRST INTERIM FEE APPLICATION OF DEBTOR’S COUNSEL The Court held a hearing on January 18, 1996 upon the Debtor-in-possession’s counsel’s First Interim Fee Application. The only objection was filed by the Office of the United States Trustee. That objection was that the Application was filed prematurely since § 331 of the Bankruptcy Code precludes the filing of a fee applicat...
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MEMORANDUM OPINION The Court held a hearing on March 20, 1996, on confirmation of Debtors’ Proposed Chapter 13 Plan which was objected to by Jack Nestor, an unsecured creditor. Jack Nestor appeared pro se. After hearing the arguments of the Trustee, Nestor, and counsel for the Debtors, as well as the testimony of the witnesses, the Court took the matter under advisement. Upon the reco...
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OPINION Introduction This is an action brought by Sharon Steel Corporation (“Debtor”) against Turner Steel Service Center, Inc. (“Turner”) under 11 U.S.C. § 547 to recover an alleged preferential transfer. Prosecution of this action has been unnecessarily delayed and made unnecessarily complicated by counsel for the Debt- or’s dilatory actions. By Memorandum and Order dated March 27, 1996, a m...
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MEMORANDUM OPINION 1 The matter before the court is Debtor’s Motion for New Trial and/or to Alter Judg *804 ment. By Memorandum Opinion and Order dated May 9, 1996, we sustained Mellon Bank’s objection to confirmation of Debtor’s chapter 11 plan. After a hearing on the Motion for New Trial, we entered an order on June 20, 1996, withdrawing the Opinion and Order of May...
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PRELIMINARY DECISION The plaintiff, Jay S. Zimmerman, brought this adversary proceeding in his capacity as a general partner of Bingham, Dana & Gould (“Plaintiff’ or “BD & G” hereafter). It seeks a determination that BD & G’s claim against Ingrid C. Soderlund (“Debtor”) is nondis-chargeable pursúant to 11 U.S.C. §§ 523(a)(2) 1 and 523(a)(15). I requested that the parties f...
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DECISION ON MOTIONS TO DISMISS 1. INTRODUCTION Chapter 7 debtor Steven A. Victor (“Victor”) moves 1 pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, made applicable here by Rule 7012 of the Federal Rules of Bankruptcy Procedure, to dismiss the complaints of Dreyer and Traub (“D & T”) and Paul I. Krohn, Chapter 7 Trustee of Syosset Laboratories Co., In...
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MEMORANDUM DECISION GRANTING PETITIONER’S MOTION FOR A VOLUNTARY DISMISSAL WITHOUT PREJUDICE Ilan Shavit (the “Petitioner” or “Shavit”) moves to dismiss this ancillary case, commenced under 11 U.S.C. § 304, without prejudice. Red Rock Commodities, Ltd. (“Commodities”) and Red Rock Holdings, Ltd. (“Holdings”, and jointly with Commodities, the “Debtors”) do not oppose the dismissal, ...
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MEMORANDUM OPINION This matter came on to be heard upon the Complaint for Declaratory Judgment filed herein by debtor and plaintiff, Stanley Howard Rich (“Debtor”), seeking a determination that his interest in a pension fund is not subject to the unfiled tax lien of the Internal Revenue Service (“IRS”). The Court held an evidentiary hearing on May 2, 1996 to determine whether the pension ...
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CORRECTED TEXT OF BENCH RULING OF JUNE 12, 1996 ESTIMATING CLAIM OF STUART L. KREISLER Stuart L. Kreisler, the debtor’s former chief executive officer, has moved to have any general unsecured claim he may have against Ralph Lauren Womenswear, Inc. (the “debtor” or “RLW”) estimated for purposes of voting on the debtor’s plan of reorganization. It is Kreisler’s position that the great major...
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MEMORANDUM OPINION This matter is before the Court on the complaint of Huntington Center Partners, Ltd. (hereinafter “Huntington”), requesting the Court to determine that certain debts owed by the debtor/defendant, Tina Darlene Dupree (hereinafter the “debtor”), are non-dischargeable pursuant to 11 U.S.C. § 523(a)(2), (6), and seeking a determination by this Court that the discharge of th...
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MEMORANDUM-DECISION AND ORDER This adversary proceeding was commenced by J.H. Buhrmaster Company, Inc. (“Plaintiff’) against Howard H. Snyder (“Debtor” or “Defendant”) seeking nondischargeability of a debt pursuant to 11 U.S.C. § 523(a)(4) (11 U.S.C. §§ 101 et seq. hereinafter the “Code”). This adversary proceeding falls within the court’s core subject matter jurisdiction pursuant to 28 U.S.C...
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MEMORANDUM This case is brought by debtor’s brother, as Personal Representative of his father’s estate, to establish a nondischargeable claim for debtor’s depletion of his father’s assets. The claim of the Estate of Howard L. Stentz is allowed in the amount of $33,253.86. Of that amount, $33,053.86 is excepted from discharge. FACTS Howard L. Stentz died February 26, 1992, at...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after Hearing on the Debtors’ Objection to Claim of Resort Properties, Inc. At the Hearing, the Court directed the parties to file post-Hearing briefs in support of their positions. In accordance with the Court’s Order, the parties have filed post-Hearing briefs. This Court has reviewed the arguments of counsel, exhibits, and t...
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AGREED MEMORANDUM DECISION DISCHARGING A STUDENT LOAN AND INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came before the Court upon the agreement of the defendant that plaintiffs student loan should be discharged because it would be an undue hardship upon plaintiff to repay the money. Having reviewed the petition and other pleadings of record, the Court hereby enters this ...
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ORDER OVERRULING OBJECTION TO DEBTOR’S CLAIM OF HOMESTEAD EXEMPTION THIS MATTER came before the Court on June 19, 1996 upon the Objection To Homestead Exemption And Motion To Determine Whether Debtor’s Real Property Is Homestead filed by Carlos Hernandez (“Creditor”). The Court, having reviewed Debtor’s Answer To Objection, having taken testimony and received exhibits into evidence, and havin...
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MEMORANDUM OPINION AND ORDER SUSTAINING DEBTORS’ OBJECTION TO CLAIM OF CREDITOR SAMMY BURKS On January 4, 1996, Debtors Scott and Karen Myer filed a Chapter 13 bankruptcy *876 case. On February 26, 1996, Creditor Sammy Burks filed a proof of claim, asserting priority status for a claim in the amount of $4,889.61. On April 17,1996 Debtors filed an Objection to Claim of Sam...
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MEMORANDUM OPINION AND ORDER Trustee Christopher J. Redmond filed a Motion for Partial Summary Judgment, seeking judgment on Count I of his Complaint to avoid nine transfers and recover $102,341.43 plus interests and costs, pursuant to 11 U.S.C. §§ 547 and 550. The Trustee contends that in the year preceding its bankruptcy, Liberty Livestock Company made nine preferential transfers to...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court upon Plaintiffs Motion for Summary Judgment, Defendant’s Memorandum in Opposition, and the Plaintiffs Response. This Court has reviewed the arguments of counsel, exhibits, as well as the entire record of the case. Based upon that review, and for the following reasons, the Court finds that the Plaintiffs Motion for Summary Judgment...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after Hearing upon Debtor’s Motion to Avoid Judgment Lien of Kova Fertilizer, Inc. (hereafter “Kova”). As directed by the Court, both the Debtor and Kova have filed Post-Hearing Briefs. This Court has reviewed the arguments of counsel, exhibits, as well as the entire record in the case. Based upon that review, and for the follo...
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*113 OPINION A INTRODUCTION The sole, narrow issue presented in determining whether this court should confirm the Plan of Reorganization (“the Plan”) of CLASSIC CHEMICAL AND SUPPLY COMPANY, INC. (“the Debtor”) is whether the Debtor has met the burden of establishing that its designation to apply the payments of the Debtor on its liabilities to the Internal Revenu...
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OPINION Introduction George Richard Peebles (“Debtor”) filed a voluntary Petition under Chapter 7 of the Bankruptcy Code on August 29,1994. Debt- or was granted a discharge and the case was closed on November 30, 1994. In April, 1996, Commercial Credit Corporation (“Commercial Credit”) filed an equity action in the Court of Common Pleas of Mercer County, Pennsylvania, seeking reformation ...
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MEMORANDUM ORDER AND OPINION ON CONFIRMATION OF DEBTOR’S FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION THIS CAUSE came before the Court on January 24, 1996 for a confirmation hearing-on the Debtor’s First Amended Chapter 11 Plan or Reorganization. The Court having heard testimony, received exhibits, and heard argument of counsel, and being otherwise duly advised in the premises, makes the f...
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MEMORANDUM DECISION ON DEBTOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT THIS MATTER came before this Court for hearing on June 6, 1996, on the Plaintiff/Debtor, Phyllis Cohen’s, Motion for Partial Summary Judgment, pursuant to Bankruptcy Rule 7056 and Rule 56 F.R.Civ.P., with respect to Count I of the Complaint regarding'the United States Internal Revenue income taxes for 1983, 1991 and 1992. Upon ...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court upon the Motion for Summary Judgment of John N. Graham, Chapter 7 Trustee, on his Complaint to Avoid Fraudulent Conveyance and/or Deny Discharge. The Defendant Debtor has not responded to the Motion. This Court has reviewed the arguments of Counsel, exhibits, as well as the entire record of the case. Based upon that rev...
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MEMORANDUM OPINION SouthTrust Bank of Alabama, National Association, Defendant, filed on April 23, 1996, its Defendant’s Motion to Strike Plaintiffs’ Jmy Demand. Romar International Georgia, Inc., Ronald S. Penn, and Christopher Cave-Bigley, Plaintiffs, filed their response on May 6, 1996. 1 A hearing on Defendant’s motion to strike was held on May 23, 1996. The Court, havi...
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MEMORANDUM OPINION SouthTrust Bank of Mabama, National Association, Defendant, filed on May 7, 1996, Defendant’s Motion to Dismiss Claims of Plaintiffs Ronald S. Penn and Christopher Cave-Bigley for Lack of Subject Matter Jurisdiction and Lack of Standing. Romar International Georgia, Inc., Ronald S. Penn, and Christopher Cave-Bigley (collectively “Plaintiffs”) filed a response on May 22,1996...
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MEMORANDUM OPINION This proceeding relates to the bankruptcy proceeding filed by Kewanee Boiler Corporation (“Kewanee” or “Debtor”) under Chapter 11 of the Bankruptcy Code (the “Code”). 11 U.S.C. § 101 et seq. It exited successfully out of bankruptcy under the name OakFabCo following confirmation of Debtor’s Plan of Reorganization (“Plan”). Thus, while the reorganized Debto...
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ORDER DENYING COUNTER-CLAIMANTS MOTION FOR SUMMARY JUDGMENT ON COUNTERCLAIM TO REVOKE DISCHARGE OF DEBTOR PURSUANT TO 11 U.S.C. § 727(d)(1) THIS MATTER came before the Court on February 14, 1996, at 2:15 p.m., and on February 27, 1996, at 2:00 p.m., upon the Motion for Summary Judgment on Counter-Claim to Revoke Discharge of the Debtor Pursuant to 11 U.S.C. § 727(d) (the “Motion”) filed by th...
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MEMORANDUM OPINION GRANTING U.S. TRUSTEE’S 11 U.S.C. § 707(b) MOTION TO DISMISS Before the Court is the motion of the United States Trustee (“U.S. Trustee”) to dismiss William Joseph Stallman’s (hereinafter, “Debtor” or “Stallman”) Chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(b). The basis of the U.S. Trustee’s motion is the Debtor’s lack of candidness and honesty in seeking Chapter 7 ...
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ORDER THIS MATTER comes before the Court upon the Motion for Authorization to Sell Real and Personal Property Comprising Nursing Home Facilities Free and Clear of All Liens, Encumbrances, Leases and Other Interests Pursuant to 11 U.S.C. §§ 363(b)(1) and (j) (the “Motion”) filed on January 16, 1996 by Henry Thomas Taylor, the Debtor and Debtor-in-Possession in this case (“Taylor...
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DECISION ON MOTION TO VACATE DEFAULT AND MOTION FOR SUMMARY JUDGMENT This decision addresses a motion by the non-debtor defendant, Haralabos Livadiotak *37 is (hereinafter, “Livadiotakis”), seeking a determination “pursuant to Rules 7004(b) and 7012(b) of the Federal Rules of Bankruptcy Procedure (“FRBP”) that [his] time to answer did not expire because he was not ‘duly s...
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ORDER THIS MATTER came before the Court for trial upon the complaint of the Plaintiff Margaret Carlson Campbell (“Ms. Campbell”), the ex-wife of the Debtor/Defendant Edward A. Campbell (“Mr. Campbell” or “Debtor”), seeking an order of the Court determining that certain debts incurred in the divorce and marital property distribution of the parties are excepted from discharge pursuant to 11...
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ORDER Currently before the Court in this matter is the “Complaint to Determine Discharge-ability of Debt” of Annette B. Cleveland (hereinafter “the Creditor”). This Complaint comes as part of an adversary proceeding, commenced by the Creditor to determine the dischargeability of certain divorce-related debts owed her by David W. Cleveland (hereinafter “the Debtor”), and it consequently gives ...
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OPINION A INTRODUCTION The three above-captioned proceedings seeking to declare student loan indebtedness of two different debtors dischargeable under 11 U.S.C. § 523(a)(8)(B) represent our first attempts to grapple with the three-part test for “undue hardship” recently established in In re Faish, 72 F.3d 298, 304-06 (3d Cir. 1995), cert. denied, — U.S.-...
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ORDER DENYING MOTION TO COMPEL THIS CAUSE is before the Court upon the defendant G.C. Evans Sales & Manufacturing Company’s Motion to Compel, filed on October 18, 1995, to which a response and reply were filed. Hearing on the matter was held on December 12,1995, at which time the parties presented oral argument to the Court. The plaintiff is the Chapter 7 trustee in Bankruptcy wh...
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ORDER DENYING MOTION TO SET ASIDE THIS CAUSE is before the Court upon the debtor’s “Motion to Set Aside Order of Denial” filed on February 26, 1996. In response to the Court’s Order of February 16, 1996, denying debtor’s petition to proceed in forma pauperis and extending the time to perfect his appeal, debtor filed the instant motion which requests that the Court set aside its prior Order ...
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MEMORANDUM OPINION Plaintiff Rodney R. Sweetland, III commenced this adversary proceeding by filing a complaint against the Debtors to determine the dischargeability of certain debts pursuant to § 523(a)(6) of the Bankruptcy Code. Presently before the court is Plaintiffs Motion for Rule 2004 Examinations of the Debtors (the “Motion”). Federal Rule of Bankruptcy Procedure 2004 aut...
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MEMORANDUM OPINION This chapter 11 proceeding came before the Court on June 21,1996 after considerable testimony, briefing, extensive affidavits and documentation and oral argument concerning the motion of the primary secured creditor, Yasuda Bank, seeking dismissal of the case “for cause” under § 1112 of the Bankruptcy Code as a bad faith filing on various grounds. The general partners of th...
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MEMORANDUM OPINION AND DECISION This case comes before the Court after Hearing on the Objections of Robert Fox, Jr. and Robert Coon to Trustee’s Application to Release from Seal all Documents so Filed. After the Hearing, this Court issued an Or*266der dated April 17, 1996, ordering most of the documents to be released from seal pursuant to the Trustee’s application. The Order also provided that...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after Hearing on Creditor’s Objection to Debtor’s Motion to Avoid Lien of Society National Bank (hereafter “Society”). This Court has reviewed the arguments of counsel, exhibits as well as the entire record in the case. Based upon that review, and for the following reasons, the Court finds that the Debtor’s Motion to Avoid Lien...
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MEMORANDUM OF OPINION The Trustee in this chapter 7 case filed this adversary proceeding to avoid transfers by the Debtor to Diane Telesz, his fianeee/companion, and to revoke the Debtor’s *208 discharge pursuant to section 727(d)(1) of the Bankruptcy Code. The principal witnesses were the Debtor, Joseph Ventimiglia, and Mrs. Telesz (collectively the “Defendants”). The ease w...
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MEMORANDUM DECISION In California, and other jurisdictions which utilize a typical race-notice statutory scheme for recordation and perfection, prepetition foreclosure sales have been avoided when the debtor “won the race to the courthouse” by filing bankruptcy after the sale occurred but before the foreclosure trustee’s deed was recorded. In re Duncombe, 143 B.R. 243 (Bankr.C.D.Cal.1992). In...
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MEMORANDUM OPINION This adversary proceeding came before the Court on June 18, 1996 on a Complaint pursuant to 11 U.S.C. § 523(a)(8) dischargeability issue regarding the plaintiffs contention that student loan debts totaling $43,655.33 as of this date be discharged under that statutory provision under the contention that repayment of that total debt would be an undue hardship. The plaintiff, ...
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MEMORANDUM OPINION The Court has before it the debtors’ Amended Chapter 13 Plan dated October 26, 1996, and an Objection thereto filed by Ray-theon Employees Federal Credit Union (“Raytheon”). A hearing on the amended plan and objection was held on November 17, 1995 and a continued hearing was held on April 10, 1996. The debtors’ amended plan proposes to modify the first and second mo...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court upon Debtor’s Motion to Disqualify Barry E. Savage, Esq., as counsel for certain creditors in this bankruptcy case. This Court has reviewed the arguments of counsel, exhibits as well as the entire record in the case. Based upon that review, and for the following reasons, the Court finds that the Debtor’s Motion shall be...
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OPINION Presently before the Court is the request of debtor Duval Manor Associates (“Debtor”) for confirmation of its Modified First Amended Plan of Reorganization (“Modified Plan”). A hearing on confirmation of the Modified Plan was held on April 24, 1996. After the conclusion of the hearing the Court convened a teleconference with counsel for both the Debtor and John Hancock Mutual ...
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ORDER Marcia L. Pate (hereinafter “Debtor”) brings this adversary proceeding against Melvin Williams Manufactured Homes, Inc. and Greentree Financial Corporation (hereinafter “Greentree”) asserting state law claims for violation of the Uniform Commercial Code — Sales as adopted in Georgia, Georgia *843 Motor Vehicle Sales Finance Act and fraud and for violation of the Fed...
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ORDER Gary and Pamela Burke brought this adversary proceeding against the United States of America, acting by and through its agency the Internal Revenue Service (hereinafter “IRS”) alleging violation of the automatic stay and of the post-discharge injunction. The IRS filed a motion for summary judgment alleging that no stay was in effect when the IRS instituted its collections effort...
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DECISION ON UNITED STATES TRUSTEE’S FEES The Office of the United States Trustee objected to confirmation of Flatbush Associates’ (“Flatbush”) plan of reorganization on the theory that the debtor failed to provide for full payment of United States Trustee’s fees required by 11 U.S.C. § 1129(a)(12) and 28 U.S.C. § 1930. When a party in interest requested time to further brief the issue, I ...
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MEMORANDUM OPINION AND DECISION This matter comes before the Court upon the filing of dual Motions for Summary Judgment on Plaintiffs’ Complaint to Determine Dischargeability of a Debt. The Court has reviewed the arguments, affidavits, and exhibits of the parties, as well as the entire record in the case. Based upon this review and for the following reasons, the Court finds that the Defendant...
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MEMORANDUM OPINION AND ORDER The issue before the Court is the dischargeability of a student loan obtained by the Debtor pursuant to 11 U.S.C. § 523(a)(8)(B). The facts are as follows: The Debtor, George W. Harris, III, obtained a loan from the Texas Guaranteed Student Loan Corporation, for purposes of pursuing a law degree. On October 19, 1993, the Debtor filed a petition for bankru...
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MEMORANDUM OPINION AND ORDER This matter is before the Court pursuant to a Motion of Debra A. (Minniek) St. John which is treated as a pro se “Motion to Rescind a Discharge Order,” entered in her former husband’s Chapter 7 bankruptcy case. The facts are as follows: The Debtor, John W. Minniek, filed his Chapter 7 Petition on January 17, 1995 and received a Discharge by Ord...
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ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT A hearing on plaintiffs Motion for Summary Judgment came on regularly for hearing on March 11, 1996. Plaintiff was represented by Michael McGrath and Michelle Hood; Defendant was represented by Sean K. McElenney. During the course of the hearing, the parties acknowledged that the case could be submitted on the written record. Therefore, after a ...
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MEMORANDUM DECISION The Trustee commenced a preference action against the following defendants: American Research Corporation, Dob-Line Transportation, Hyosung, Japan Freight Consolidators, and Home Theatre Products. A trial on selected bifurcated issues was held during the week of September 11-14, 1995. Appearances were made by the following attorneys: Stuart I. Koenig and James B. Yobsk...
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*754 OPINION (Motion for Relief from Stay) Before the Court is a motion by Serf Realty Co. and Simco Management Co. (collectively, “Serf’) for relief from the automatic stay imposed by 11 U.S.C. § 362 to permit them to exercise all rights and remedies with respect to property owned by the debtor, Koula Enterprises, Ltd. (“Koula” or “Debt- or"), located at 1999-2015 Merri...
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ORDER SUSTAINING OBJECTION TO CLAIM THIS CAUSE is before the Court upon the trustee’s Objection to Allowance of Claim filed on September 18, 1995, to which the creditor Sheriff and Collector of Prairie County, Arkansas responded on October 5, 1995. The matter was called for trial on November 16, 1995, and, the facts being undisputed, the parties briefly presented oral argument. Therea...
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ORDER THIS CAUSE is before the Court upon the Trustee’s Amended Application for Employment of Special Counsel, filed on March 6,1996, to which the creditors Carder Investment, Inc., and William Austin filed objections, March 22, 1996, and March 21, 1996, respectively. Hearing on the matter was held on April 30, 1996, at which time the Court took the matter under advisement. On Au...
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ORDER GRANTING MIDLANTIC’S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEBTOR THIS IS a Chapter 11 ease and the matter under consideration is a Motion for Partial Summary Judgment Against the Debtor filed by the Defendant/Counterplaintiff, Midlantic Bank, N.A. (Midlantic), in the above-captioned adversary proceeding. The relevant facts are without dispute and are as follows. On Octob...
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ORDER ON UNITED STATES TRUSTEE’S OBJECTION TO PROPOSED DISTRIBUTION AND TO TRUSTEE COMPENSATION, APPLICATION OF TRUSTEE FOR COMPENSATION AND APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEE FOR ATTORNEY FOR TRUSTEE THIS IS a Chapter 7 liquidation case and the matter under consideration is an objection to the proposed Order Allowing Administrative Expenses, Authorizing Disbursements and Directing Payme...
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MEMORANDUM OPINION Today we consider the objection to confirmation of the debtors’ Chapter 13 Plan filed by Holly Forest Homes Association, Ltd. This matter came for hearing on March 26, 1996, at which time the parties represented to the court that the facts of the case are undisputed and the only issue is a question of law. The parties agreed to submit memoranda setting forth their respectiv...
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AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS an adversary proceeding in a Chapter 7 case and the matters under consideration are two Motions For Summary Judgment, one filed by Stephany S. Carr (Trustee) and the other by Elliot Sherman, of Burns & Levinson (Law Firm), the Defendants named in the Trustee’s complaint. The Complaint consists of four counts. The claim set forth in Count I is ...
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ORDER ON MOTIONS FOR FINAL DECREE THIS CAUSE came on for hearing with proper notice upon the Motion for Final De *837 cree filed by C n’ B of Florida, Inc. (C n’ B); the Applications for Final Decree filed by Professional Administrators & Managers, Professional Insurance Center, Inc. and John Frank Madiedo, Jr., (Professional Administrators & Managers, et al.) and upon a Moti...
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UNITED STATES’ ALTERNATIVE ORDER DENYING RESTAURANT VENTURES, LLC’S MOTION: (1) TO ALTER OR AMEND ORDER RE DISBURSING AGENT’S OBJECTIONS TO CERTAIN WAGE, PRIORITY, AND ADMINISTRATIVE CLAIMS AND (2) FOR ORDER SUSTAINING OBJECTIONS TO CERTAIN ALLEGED PRIORITY CLAIMS; OVERRULING RESTAURANT VENTURES’ OBJECTIONS TO CERTAIN ALLEGED PRIORITY CLAIMS; AND ALLOWING PRIORITY TAX CLAIMS OF INTERNAL REVENUE S...
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MEMORANDUM DECISION AND ORDER DENYING APPLICATION FOR DECLARATION THAT DEFENDANTS’ OBJECTIONS WERE UNTIMELY FILED AND GRANTING APPLICATION TO EXTEND PLAINTIFFS’DEADLINE TO RESPOND TO OBJECTIONS The primary issue addressed by this memorandum decision is whether Rule 9006(f) of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rule”) serves to extend the time for filing objection u...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matters under consideration are two Motions for Summary Judgment, one filed by Stephany S. Carr (Trustee) and the Cross-Motion filed by Jeffrey Curtis Handshaw (Debtor). Both Motions for Summary Judgment are filed in a contested matter arising from the Trustee’s Objection to the Claim of Exemption by the De...
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MEMORANDUM OPINION This matter comes before the Court on Complaint to Determine Dischargeability of Debt, filed by the Enterprise National Bank of Atlanta (the “Bank”). This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(I). The Court held a trial on the Bank’s Complaint on November 30, 1995. For the following reasons, the Court will deny the Bank’s requested relief. The...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of the Haagen-Dazs Company (“Haagen-Dazs”) for Leave to File a Proof of Claim. S.N.A. Nut Company (“Debtor”) was engaged in the business of procession and selling various types of nuts. On March 24, 1995, Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (“Code”) (11 U.S.C. et seq....
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*332 AMENDED MEMORANDUM DECISION Plaintiff AVCO Financial Services of Southern California (“AVCO”) requests this Court to enter default judgment against Defendant Debra Adamos Cruz, aka Debra Cruz-Reynolds (“Cruz”) because Cruz has not filed a motion or answer to AVCO’s complaint. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and Ge...
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AMENDED MEMORANDUM DECISION 1 On June 8, 1992, Walter Thompson, the Trustee, filed an objection to the claim of exemption by MARY ANNE ELIA, the Debtor, in certain real property in which the Debtor acquired an interest postpetition. On June 12,1992, WESTERN FARM BUREAU LIFE INSURANCE CO. (‘Western Farm”) filed an objection to the same claim of exemption. The Debtor filed her respo...
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MEMORANDUM Before me are the objections of the Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Employer Tax Operations (“BETO”) to the requests for payment submitted by counsel for debtor Pannebaker Custom Cabinet Corp. (“Pannebaker”) and Pannebaker’s court-approved accountant, and a motion for reconsideration related thereto. For the reasons stated below, BE...
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ORDER ON MOTION TO ABSTAIN THIS IS a Chapter 11 case and the matter under consideration is a Motion to Abstain, filed by Jim Smith (Smith), the Property Appraiser for Pinellas County. Smith seeks an Order Abstaining from the Debtor’s Motion originally filed on December 21, 1995, and amended on January 26, 1995, which seeks a Determination of Real Property Ad Valorem Taxes concerning the Debtor’s p...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS the next chapter in the relentless pursuit of Paul A. Bilzerian (Debtor). This time the pursuer is the Securities & Exchange Commission (SEC), and the particular matter under consideration is a renewed Motion for Summary Judgment, filed by the SEC. The Motion contends that there are no genuine issues of material fact regarding the Debtor’s liab...
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OPINION Richard N. Green (“Debtor”) is a debtor under chapter 7 of title 11, United States Code. Dennis Kennedy (“Kennedy”) is a judgment creditor of the Debtor. Kennedy brought an adversary proceeding against the Debtor to have the judgment debt determined to be nondischargeable. The Debtor appeals from the bankruptcy court’s grant of summary judgment for Kennedy. We AFFIRM. FACTS ...
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ORDER This matter is before the Court on the motion of the debtors seeking to avoid the lien of American General Finance (“American”) to the extent that such lien impairs their exemption in household goods pursuant to 11 U.S.C. § 522(f)(2) of the United States Bankruptcy Code (the “Code”). The facts of the case are essentially undisputed. On September 5, 1995, American financed the debtors’ p...
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OPINION The debtors filed a motion to dismiss the chapter 7 2 trustee’s complaint to set aside fraudulent transfers and to avoid certain hens as time barred by § 546(a)(1). The bankruptcy court rejected the trustee’s contention that the statute was equitably tolled and dismissed the complaint. The trustee filed a motion for reconsideration, which the bankruptcy court denied...
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OPINION STATEMENT OF FACTS Genel Company, Inc. entered into a real estate construction loan transaction with Bowen Quality Construction Company. Cheryl Bowen, debtor, and Alfred Bowen were the owners of Bowen Quality. During the time of the negotiations and funding of the loan, debtor was an officer, director, and employee of Bowen Quality. As part of the loan transactio...
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*569 OPINION This appeal arises from the bankruptcy court’s order granting the United States Trustee’s motion for sanctions against the debtor’s principal for soliciting votes within the meaning of § 1125(b) 1 The debtor’s principal appeals. We AFFIRM. I. FACTS On January 19, 1995, California Fidelity, Inc., (“CFI” or “debtor”), a real estate mortgage company, filed for chapter 11 ban...
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*775 OPINION I.OVERVIEW AT & T appeals the bankruptcy court’s determination that only $4,000 of a credit card debt totaling $8,684.74 is non-discharge-able under 11 U.S.C. § 523(a)(2)(A). The remaining $4,684.74 2 of the debt was held to be dischargeable because that portion was incurred after the creditor increased the credit limit, without investigating the ...
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OPINION The debtor listed myriad personal property and equipment as exempt on his schedules. Athough the claimed exemptions clearly exceeded the statutory limits, no one objected and the debtor obtained the exemptions by default. Ml the exempted property was encumbered by a judicial lien. With the debtor’s cooperation, the chapter 7 1 trustee collected the exempt prope...
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DECISION ON STATUS OF TAX CLAIMS OF ANNE ARUNDEL COUNTY, MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY These contested matters involve claims for personal property taxes asserted against the debtor, Garfinckels, Inc., by three counties in Maryland — Montgomery County, Anne Arundel County, and Prince George’s County. Although the tax claims are identical in character, Anne Arundel Count...
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MEMORANDUM DECISION AND ORDER ON TRUSTEE’S RENEWED OBJECTION TO DEBTOR’S CLAIMED EXEMPTIONS THIS MATTER came before the Court on June 22, 1995 and August 24, 1995, upon the Trustee’s Renewed Objection to Debtor’s Claimed Exemptions (the “Objection”), and the Non-Debtor Spouse’s Motion for Affirmative Relief and Motion to Compel Turnover of Property (the “Motion for Affirmative Relief’...
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MEMORANDUM OPINION JURISDICTION Jurisdiction of this court is proper pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. *771 § 157(a), (b)(1) and (2), and Local Rule 29 of the United States District Court for the Eastern District of Washington. ISSUE This case involves a recreational summer home which is located on real property within the Snoqualmie National Forest subject to a “Term Speci...
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OPINION I Melinda K. Nelson (“Nelson”) appeals an order allowing her former husband, Pierre T. Barnes (“Debtor”), to avoid her judgment liens. We affirm in part and reverse in part. II FACTS The marriage between Nelson and the Debtor was dissolved pursuant to a judgment of the Ventura County Superior Court. In a “Judgment on Reserved Issues” entered on November 6, 1990, the superior cou...
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OPINION The district court for the Northern District of California dismissed the plaintiff’s case on summary judgment, awarded the defendants (appellees) their costs and attorneys’ fees in defending the lawsuit and sanctioned the plaintiff’s attorney (appellant/debtor) pursuant to Fed.R.Civ.P. II. 2 The plaintiffs attorney appealed all four (4) orders. During the pendency o...
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MEMORANDUM OPINION This matter came on for trial on May 30, 1996 on the complaint of AT & T Universal Card Services Corporation (“AT & T”) to have credit card cash advances for gambling debts in the amount of $12,793.79 determined nondischargeable under 11 U.S.C. § 523(a)(2)(A). After listening to the evidence, reviewing the exhibits and pleadings, and considering the arguments of cou...
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MEMORANDUM DECISION Artificial Intelligence Corporation, Steven Sanford, Steven Greenberg and Catherine Casey (“plaintiffs”) bring this motion to enlarge the time to serve complaints to determine the nondischargeability of certain debts pursuant to Federal Rule of Bankruptcy Procedure (“Rule”) 9006(b)(1). The complaints were filed on July 18, 1995, but service was not made until December ...
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*761 ORDER At Butte in said District this 29th day of April, 1996. In this Chapter 13 bankruptcy, hearing was held March 12, 1996, at Billings on the motions of Rick E. Raymond (“Raymond”) to dismiss the case and for court appointed counsel. The motion of Debtor Gudrun Pickering (“Pickering”) for sanctions was also heard, as was hearing on confirmation of Pickering’s Amended...
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MEMORANDUM OPINION This matter comes before the Court on the motion to dismiss filed by Alfred A. Allard and Sharon A. Allard (the “Defendants”), pursuant to Federal Rule of Bankruptcy Procedure 7012(b), by which they seek a dismissal with prejudice of the complaint filed by The Great Southern Co. and Great Entertainment Merchandise, Inc. (the “Plaintiffs”). For the reasons stated her...
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OPINION A. INTRODUCTION Presently before us in the above-captioned dischargeability proceeding (“the Proceeding”) are cross-motions of the Plaintiff, EDWARD J. SULLIVAN (“the Creditor”), and the Defendant-Debtor, WALTER J. CLAYTON, JR. (“the Debtor”), for summary judgment in their favor as to the two Claims (“the Claims”) remaining undecided in the Proceeding. The Claims asse...
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OPINION Brenda F. Hines appeals an order of the bankruptcy court denying a motion for contempt against her former attorney, Robert L. Gordon, for willful violation of the automatic stay incurred by the postpetition cashing of two postdated personal checks and actions taken postpetition to collect the fees. We hold that: (1) the debt owed to Gordon was a prepetition dischargeable debt;...
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It seems that the present issue is a matter of first impression. A United States citizen who has resided in Canada for eleven years has filed a voluntary Chapter 7 petition here in the Western District of New York on the grounds that she had “property” here — to wit, a $194 bank account — on the day she filed her petition. (That balance has since increased and then subsequently been drawn down ...
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OPINION This matter comes before the court on motion of the debtors Jindriska Palij and Alexander Palij (the “debtors”), for an order reopening the debtor’s 1992 chapter 7 bankruptcy case for the limited purpose of commencing a proceeding to determine the dis-chargeability of approximately $400,000.00 of unpaid federal employee withholding taxes allegedly owed to the Internal Revenue Service ...
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MEMORANDUM The Court today provides guidance to the parties on the question of which party bears the burden of proof in a dischargeability action governed by 11 U.S.C. § 523(a)(15). Both sides filed Memoranda and the Court has conducted independent research on the subject. Section 523(a)(15) of the Code reads, in pertinent part, as follows: A discharge ... does not discharge an individual...
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MEMORANDUM OPINION One of the “great” scientific/philosophical questions of all time is “if a tree falls in the woods, and no one is around, does it make a sound?” While this Court cannot solve the age old imponderable, it can solve the analogous bankruptcy issue of “can a debtor have the bankruptcy court avoid a judicial hen which is void as a matter of law.” The facts of this case, whil...
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MEMORANDUM DECISION ON ORDER TO SHOW CAUSE This ease has troubled this Court virtually since the date it was filed because of the circumstances in which it was filed, and the uses it seeks to make of the Bankruptcy Code. A cover sheet, a list of 2 unsecured creditors, and a list of 6 creditors, in total, was filed as a “bare-bones” petition on April 14, 1995. The central creditor was...
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MEMORANDUM This case came before the Court for trial on January 30, 1996, for a determination of the dischargeability of two debts arising from a state court divorce action pursuant to 11 U.S.C. § 523(a)(15). The first debt is $25,-000 which the state court ordered Defendant to pay to Plaintiff, constituting one-half of the value of the parties’ marital business. The second debt in the amount...
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MEMORANDUM OPINION This matter came on to be heard upon the motion of the Trustee, Scott P. Kirtley, requesting that debtors Jeff George and Gina George (“Debtors”) turn over property of the estate pursuant to 11 U.S.C. § 642 and Federal Rule of Bankruptcy Procedure 7001. This Court, having conducted a full and complete evidentiary hearing on May 8, 1996, having examined the documentary e...
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MEMORANDUM DECISION RE: REQUEST FOR RETURN OF FEES PAID TO A DOCUMENT PREPARER Before the Court is the debtors’ Motion for Return of Funds paid to a document preparation service. (Dkt. 49). The Court has reviewed the entire file, including the Response filed by Dan Fore and Deanna Fore, the document preparers. The matter was submitted for decision on the files and pleadings and papers contained...
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DECISION AND ORDER DENYING LESSOR’S REQUEST FOR SUPERPRI-ORITY CLAIM STATUS Heard on May 29, 1996, on an objection to the proposed order submitted by The Krikor Dulgarian Trust (“the Trust”) requesting a superpriority administrative expense claim for unpaid rent due under a real estate lease that was assumed by the Debtor. Unified Management Corp. of Rhode Island Inc. (“Unified”), itself an a...
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DECISION AND ORDER GRANTING UNITED STATES TRUSTEE’S § 707(b) MOTION TO DISMISS Heard on the United States Trustee’s Motion to Dismiss the above captioned Chapter 7 case, pursuant to 11 U.S.C. § 707(b), which provides: After notice and a hearing, the court, on its own motion or on a motion by the United States Trustee ... may dismiss a case filed by an individual debtor under this chapter wh...
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AMENDED OPINION RE CONTINUATION OF STATE COURT CONTEMPT PROCEEDINGS This single asset real estate Chapter 11 case and two related bankruptcies have developed into a procedurally convoluted war. The original dispute has been resolved: the borrower has fully paid off the mortgage that had been in default, and the receiver has been relieved of his assignment. The issues now before this Court...
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ORDER I Plaintiff Circle K Stores, Incorporated, a reorganized debtor, filed an adversary complaint against defendant Montana State Department of Revenue, alleging an attempt to collect a discharged tax obligation. Circle K filed its Montana tax return for the 1986 tax year on February 17, 1987. Subsequently, the Internal Revenue Service (“IRS”) audited the company. This federal audit poten...
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MEMORANDUM OPINION This matter is before the Court on the complaint of Dawn Lee Lanting (hereinafter the “plaintiff”), seeking a determination that an obligation to pay attorneys’ fees incurred by the debtor/defendant, Harold Anthony Lanting (hereinafter the “debtor”), pursuant to the parties divorce decree is nondisehargeable pursuant to 11 U.S.C. § 523(a)(5) of the United States Bankrup...
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ORDER This matter is before the Court on the debtors’ complaint for declaratory relief. The debtors’ confirmed Chapter 13 plan provides, among other things, that a mortgage indebtedness to Valley Federal Credit Union, secured by certain real estate property located at 613 Larimore Street, Florence, Alabama, should be paid for directly to the creditor, and proposes to pay a 55% dividend to gener...
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DECISION FINDING RHODE ISLAND PUBLIC TRANSIT AUTHORITY IN CIVIL CONTEMPT AND ORDER IMPOSING SANCTIONS, BUT DENYING MOTION FOR ENTRY OF DEFAULT JUDGMENT Heard on the Trustee’s motion to hold Rhode Island Public Transit Authority (“RIPTA”) in civil contempt, and for a default judgment on the merits pursuant to Fed.R.Civ.P. 37(b)(2)(C). Upon consideration of the arguments and the evidence presen...
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MEMORANDUM OPINION STATEMENT OF FACTS This opinion is issued in response to, and subsequent to the hearing of July 31, 19.96, regarding, the motion for summary judgment filed by Gary L. Smith, Chapter 7 trustee and plaintiff herein. This adversary proceeding, which was initiated by plaintiff, involves a request for a determination by this Court under 11 U.S.C. § 506(a) that I...
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OPINION AND ORDER ON MOTION FOR RECONSIDERATION OF ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND ORDER GRANTING PLAINTIFF’S COUNTER-MOTION FOR PARTIAL SUMMARY JUDGMENT, AND FOR ENTRY OF ORDER ES-CROWING SETTLEMENT FUNDS IN POSSESSION OF CHAPTER 7 TRUSTEE AND ABATING DISTRIBUTION THEREOF CAME ON for consideration the defendant, Martin W. Seidler’s (“Seidler”) motion for reconsi...
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MEMORANDUM The question presented is whether the mother of a seven year old debtor has capacity to file a Chapter 13 petition as “next friend” for her daughter. The petition is proper under Rule 17(c) of the Federal Rules of Civil Procedure. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052. I This Chapter 13 debtor was seven years old at the petitio...
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*69 ORDER DENYING BANKERS TRUST COMPANY’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN This cause came before the court on June 18, 1996, upon the objection of Bankers Trust Company, not in its individual capacity, but solely as trustee, or its permitted successors and assigns, on behalf of American Housing Trust IX (“Secured Creditor”) to confirmation of Joseph Robert Jordan’s (“Debtor”) C...
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MEMORANDUM OF OPINION This memorandum of opinion supports the order entered contemporaneously herewith, which grants Debtors’ motion for sanctions for violation of the automatic stay. Respondent failed to file a response to Debtors’ motion and failed to appear at the hearing on Debtor’s motion. Respondent holds a purchase money security interest in Debtors’ 1991 Toyota Corolla automo...
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MEMORANDUM OPINION This matter is before the Court having been submitted on the record. Pursuant to an Order Rescheduling Trial entered herein on April 17, 1996, this matter had been set for trial on July 15, 1996. However, after a hearing on the plaintiffs Motion for Summary Judgment conducted on June 27, 1996, the Court agreed to consider taking the matter under submission upon stip...
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MEMORANDUM OF OPINION AND ORDER This adversary proceeding came on for trial on July 12, 1996. Plaintiff initiated this adversary proceeding seeking to discharge some $880,000.00 in tax liability apparently under the auspices of 11 U.S.C. § 523(a)(1). The Defendant consented to the discharge of $860,000.00 of such liability. The balance of the tax claim at issue is for taxes due from t...
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW THIS MATTER came on before the Court on June 19, 1996, for trial of the Plaintiffs Amended Complaint, 1 seeking the determination of the dischargeability of certain marital obligations pursuant to 11 U.S.C. § 523(a)(15). These obligations arise out of a divorce decree between the Debtor, Daniel D. Willey, and his former wife, Cindy W...
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PROPOSED FINDINGS AND CONCLUSIONS REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff Shea & Gould (“plaintiff’ or “debtor”) moves pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Fed. R.Civ.P.”) and Rule 7056 of the Federal Rules of Bankruptcy Procedure (“Bankr. Rules”) for summary judgment on its complaint to recover unpaid legal fees and out of pocket expenses ...
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MEMORANDUM OPINION This case presents the question of whether, in the light of the Seventh Circuit holding in Jepson, Inc. v. Makita Electric Works, Ltd,., 30 F.3d 854 (7th Cir.1994), a bankruptcy judge should enter a stipulated protective order without a showing of good cause. This matter is before the Court on the Motion of the Official Unsecured Bank Committee (“Bank Com...
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ORDER This matter arises on Debtor’s motion to dismiss and the motion of Fleet Finance, Inc. (“Fleet”) for imposition of sanctions against Debtor and Debtor’s attorney. Pursuant to Debtor’s motion to dismiss, an order was entered February 28, 1996, dismissing this case, but on the same day, Fleet filed an objection to the dismissal. By order entered March 19, 1996, the dismissal order was...
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MEMORANDUM OF DECISION The motion now before the court raises the question of what property, if any, remains in a Chapter 13 estate after plan confirmation. Under its Municipal Code, the City of Chicago is authorized to take prescribed action against illegally parked cars. The debtor here, Rachel Fisher, asserts in the pending motion that by taking this action against her car, after she h...
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MEMORANDUM OPINION Plaintiff William Bullock asks this Court to find that his child support arrears assigned to the State of Missouri in the amount of $16,842.40 are dischargeable pursuant to 11 U.S.C. § 523(a)(5). This issue is a core proceeding under 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1). For the reasons set forth below, I find that the debt is nondischargeable. FACTUAL BACKGROUND ...
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MEMORANDUM In this adversary proceeding, the Chapter 7 bankruptcy trustee (“Chapter 7 Trustee” or “Trustee”) seeks to set aside prepetition transfers by debtor Frank Loomer (“debtor”) into an ERISA-qualified plan. Before the court are cross motions for summary judgment, filed on behalf of defendants, Becton, Dickinson and Co. (“B.D. & Co.”) and State Street Bank & Trust Co. (“State St...
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*625 ORDER DENYING MOTION TO CONVERT OR DISMISS Before the Court is a Motion To Convert Or Dismiss (“Motion”) filed by Wanda Nikol-outsos (“Wanda”), the former wife of the Debtor. Wanda asserts that because she was awarded a judgment in the total amount of $863,440.00 against the Debtor, the Debt- or’s total unsecured claims exceed the debt eligibility limitations in 11 U.S.C. § 109(e). Thus,...
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ORDER GRANTING MOTION FOR ENFORCEMENT OF INJUNCTION OF DISCHARGE OF DEBTOR Before the Court is a Motion For Enforcement Of Injunction Of Discharge Of Debtor (“Motion”) filed by the Debtors. The Debtors assert that their 1040 taxes due for tax years 1985 through 1988 (“Taxes”) were discharged since the Taxes were due more than three years and assessed more than 240 days prior to the filing...
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MEMORANDUM OF DECISION Before the court is the “Objection to Claim of Statutory Exemption” filed by Lindsay Gordon (“Lindsay”), a judgment creditor in the above referenced matter. By the enactment of Md.Code Ann., Cts. & Jud.Proc. § 11-504(g) (1995), Maryland opted out of the federal exemption scheme pursuant to 11 U.S.C. § 522(b)(1). This case involves the application of Md.Code Ann.Cts....
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MEMORANDUM OPINION In both these cases plaintiff AT & T Universal Card Services Corporation (“AT & T”) filed a complaint seeking a finding that certain credit card debt was not dischargeable under 11 U.S.C. § 523(a)(2)(A). When pressed to take the cases to trial, AT & T moved in both cases to dismiss the Complaint. Thereupon, debtors’ counsel requested awards of attorney’s fees under ...
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ORDER DISMISSING CASE The matter subject to this order is a Motion to Dismiss, Convert, or in the Alternative, Appoint a Trustee filed on January 5, 1996 by the United States Bankruptcy Administrator (“BA”). A trial was held on March 19, 1996. 1 Donald G. Wright and *982 Stephen Porterfield, attorneys for the debt- or; J. Thomas Corbett, attorney for the BA; and Richard O’Neal, attorney f...
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MEMORANDUM OPINION ON REMOVAL OF STATE COURT ACTION The matters subject to this order are the plaintiffs Notice of Removal of its state court action from the Circuit Court of Jefferson County, Alabama to this Court and the debt- or’s Motion for Remand of that action to the state court. A hearing on both matters was held on May 20, 1996. Marvin E. Franklin, attorney f...
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MEMORANDUM DECISION The issue in these consolidated actions comes before us 1 upon cross-motions for summary judgment in the Oszajca v. Sears adversary proceeding. The debtors in the other two cases have asked that their fates be determined according to our resolution of *106 the underlying issue in the Oszajca case— whether Sears’ lending and sales proc...
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DECISION ON DEBTORS’ APPLICATION FOR APPROVAL OF RETENTION OF DELOITTE & TOUCHE, LLP AS ACCOUNTANTS The debtors, Andover Togs, Inc. et al., ask that I approve the retention of Deloitte & Touche LLP (“Deloitte”) to complete auditing services it began prior to the filing of the debtors’ petitions. Although the Committee of Unsecured Creditors joins the debtors in the requested relief, the Acting Un...
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MEMORANDUM REGARDING ASSUMPTION AND ASSIGNMENT OF LEASE The debtor presently rents space from Feldco Realty Company (“Feldco”) in a commercial building (the “Premises”) located at 947 Southern Boulevard in the Bronx. It seeks, with the support of the Creditors’ Committee, to assume the lease and assign it to Pretty Girl, Inc. Pretty Girl sells ladies clothing. Feldco and Southern Bou...
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*972 MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT This matter came before the Court on February 8, 1996, on the cross-motions for summary judgment filed by each party in the ease. Each party has asserted a right to two Internal Revenue Service (“IRS”) refund checks received by the Trustee, Michael B. McCarty (the “Trustee”), after the commencement of this case. The checks w...
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DECISION CONFIRMING PLAN, DETERMINING RELIEF FROM STAY, VALUATION, AND ADEQUATE PROTECTION ISSUES, FINDING STAY VIOLATION AND FIXING DAMAGE AWARD This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A)—mat...
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MEMORANDUM This matter is before the Court on a Motion by Daikon Shield Claimant Cynthia A. *510Rothbard (“Rothbard”) for Reinstatement of her Claim to Permit her to Proceed under Option 3. The Daikon Shield Claimants Trust (“Trust”) disallowed Rothbard’s Dai-kon Shield Claim for failing to elect an option and to submit her claim materials by the June 30, 1995 deadline that had been established ...
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MEMORANDUM This matter is before the Court upon the Motion by the Daikon Shield Claimants *612Trust to Enforce Compromise of Irene Germany’s Daikon Shield Claim, filed with this Court on November 19, 1995. The Certificate of Service to the Motion recites that it was served upon Germany’s counsel by mail on that date. Under Federal Bankruptcy Rule 9006(b), service was deemed complete upon mailing...
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MEMORANDUM This.matter is before the Court on a Motion by Daikon Shield Claimant Dixie J. Porter (“Porter”) for Reinstatement of her Disallowed Daikon Shield Claim. For the reasons which follow, the Motion will be denied. I. On November 22, 1986, this Court entered an Order1 establishing a two-step process for all Daikon Shield claimants to follow in order to perfect their Daikon Shield claims....
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OPINION This matter comes before the Court on a Verified Application by Resorts International, Inc. 1 and related entities (collectively “Resorts”) for entry of an order pursuant to Sections 1142(b) and 105(a) authorizing and approving distribution of accrued interest from the Resorts International Litigation Trust to Resorts (the “Application”). A hearing at which this Cou...
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MEMORANDUM DECISION REGARDING WORK PRODUCT PRIVILEGE Three former debenture holders of the Circle K Corporation (“Circle K”) commenced this adversary proceeding in the United States Bankruptcy Court for the District of Arizona. The defendants are the reorganized debtors (“New Circle K”) and CK Acquisitions Corporation (“CK”), the entity that purchased all of New Circle K’s newly issued st...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding is before the Court upon a Complaint for a declaratory judgment to determine Earthmovers’ liability for FICA and FUTA employee withholding taxes owed to the United States of America, Internal Revenue Service (hereinafter “IRS”) for Earth-movers’ employees leased from Defendant, Sunshine Staff Leasing, Inc. (hereinafter “Sunshine”). Earth...
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OPINION Before the court is the motion for summary judgment by Defendants Riker, Dan-zig, Scherer, Hyland & Perretti and Everett M. Scherer (collectively, “Riker, Danzig”) dismissing the claims of the Executors of the Estate of Mary Ellen Paterson, et al., (“the MEP Estate”) against Riker, Danzig. Said claims, comprising Counts Ten, Eleven and Twelve of the Second Amended Complaint, c...
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OPINION There are two matters presently before this Court: the first, a motion by Defendants, Eugene Mulvihill (“Mulvihill”) and Great American Recreation, Inc. (“GAR”), to dismiss the Complaint in its entirety as against GAR, and to dismiss all causes of action asserted pursuant to 11 U.S.C. § 548 as against Mulvihill; and the other, a motion by First Fidelity Bank, N.A., now known a...
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ORDER The hearing on the motion of AVCO Financial Services (“Movant”) was called on July 23, 1996 at Hannibal, Missouri. The Movant, Donald and Jeral Anderson (“Debtors”), Hannibal National Bank (“Bank”), and MCM Savings Bank, F.S.B. (“MCM”) appeared by their respective Counsel and presented oral arguments and other announcements on the record. No witness testimony was presented at th...
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MEMORANDUM OPINION On January 4, 1996, debtor’s chapter 7 trustee filed a motion for an order directing debtor Curtis Ray Catron and his bankruptcy counsel, C. Kent Allison, to show cause why they should not be held in contempt for debtor’s failure to attend a meeting of creditors on December 28, 1995. Following a hearing on the motion, orders were entered by the court ordering debtor and...
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Motion Requesting Relief From The Automatic Stay MEMORANDUM OPINION Housing Authority of the City of Pittsburgh (hereinafter “HACP”) seeks relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) so that it may evict Stephanie James (hereinafter “debtor”) from an apartment it provides in which debtor continues to reside. Debtor has objected to HACP’s motion for relief...
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ORDER DENYING MOTION FOR STAY OF PROCEEDINGS THIS CAUSE is before the Court upon the debtor’s Motion for Stay of Proceedings Pending Appeal, filed on July 11, 1996. Although represented by counsel, after failing in her attempt to dismiss this Chapter 7 case, 1 the debtor filed a pro se motion to convert the case to Chapter 13 of the Bankruptcy Code. The trustee a...
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ORDER THIS CAUSE came before the Court upon the trial on the merits of the Objection to Confirmation of Plan and Motion to Dismiss, filed by First USA Bank on February 22, 1996. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. *174This is a “core proceeding” within the meaning of 28 U.S.C. § 157(b) as exemplified by 28 U.S.C. § 157(b)(2)(L). The creditor First U...
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MEMORANDUM I. INTRODUCTION Two related matters are before the Court for determination: 1) the “Motion of Plaintiffs Jager, Smith, Stetler & Arata, P.C. and Jeffrey A. Kitaeff, Chapter 7 Trustee for Payment of Attorneys’ Fees and Expenses Pursuant to Order Dated July 12, 1991,” to which the United States of America objected; and 2) the “United States’ Motion for Partial Summary Judgment,” to which...
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OPINION A INTRODUCTION Presently before this court is a motion for summary judgment (“the Motion”) of MID-LANTIC BANK, N.A. (“the Movant”) in its favor as to the Complaint for Money (“the Complaint”) brought against the Movant in the above-captioned adversary proceeding, (“the Proceeding”) in which PENNSYLVANIA FOOTWEAR CORPORATION (“the Debtor”) and “ARTHUR P. LIEBERSOHN, As Chapter 7 Bankru...
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MEMORANDUM OPINION This matter is before the Court on the motion of NationsBank to reopen the bankruptcy case of Robert H. Walker pursuant to 11 U.S.C. § 350(b). After the parties presented oral arguments at a healing held on April 23, 1996, the Court took the matter under advisement. For the reasons expressed herein, the Motion to Reopen is denied. *478 FACTUAL BACKGROUND ...
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ORDER AND OPINION This contested matter is before the Court on debtor’s objection to the tax claim of the United States. The debtor, Quentin Senise, is indebted to the United States for various prepetition federal income taxes and *406 civil penalties. He filed a Chapter 13 petition on or about September 8, 1995, and the United States filed a claim in the case that listed...
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MEMORANDUM OF DECISION This matter came before the court on the Chapter 13 debtor, Paul R. Thibodaux’s, complaint to determine dischargeability of a debt once owed the Internal Revenue Service (hereafter IRS) and for a contempt penalty against IRS for violating the discharge injunction in this ease. After reviewing the documents and stipulated facts in the context of applicable law, t...
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MEMORANDUM DECISION PERTAINING TO THE ALLOWANCE OF INTEREST ON A CLAIM By notice of motion dated October 26, 1994, the United States Lines, Inc. (“U.S.L.”) and United States Lines (S.A.) Inc. Reorganization Trust (the “Trust”), as successor-in-interest to U.S.L. and United States Lines (S.A.), Inc. (collectively, the “Debtors”), moved this Court, pursuant to section 502 of Title 11, U...
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MEMORANDUM OPINION Today we consider the motion of the debt- or, CCR Financial Planning Ltd., to dismiss the complaint of Mr. and Mrs. James Mann to determine the dischargeability of a debt. In response to the debtor’s motion, the Mann’s filed a motion to amend their complaint to substitute Robert A. McKoy, individually, as the defendant in this proceeding and deem the complaint timel...
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OPINION I. PROCEDURAL HISTORY This matter comes before the court upon the motion of Judy Haugland (the “Debtor”) to compel the creditor, Towne Pointe Condominium Association, Inc. (the “Association”), to remove a levy on a bank account jointly owned by Debtor and her spouse, Paul Haug-land (the “Co-obligor”) (Debtor and Paul Haugland are hereinafter cumulatively referred to as “Hauglands”)....
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MEMORANDUM OF DECISION AND ORDER DENYING THE UNITED STATES TRUSTEE'S MOTION TO DISMISS The United States Trustee has moved to dismiss the debtor’s petition under section 707(b) of the Bankruptcy Code which provides that the court must dismiss a chapter 7 petition if it finds the debts are “primarily consumer debts” and that “the granting of relief would be a substantial abuse ...
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MEMORANDUM OPINION The successor trustee, Kevin R. Huennekens, in this Chapter 7 proceeding, moves this Court for reconsideration of our August 15, 1995 order dismissing the adversary proceeding filed by the former trustee, Richard A. Bartl. Notwithstanding that the motion for reconsideration is nearly one year old, it was timely filed. Even more ironic is that although we dismissed this action...
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MEMORANDUM OPINION The Court has before it a Motion to Enforce Discharge Provisions under Confirmed Plan and to Assess Sanctions filed by Atlantic Waste Systems North, Inc. (“Debtor”) on February 14, 1996. In its motion the Debtor requested that the Court reopen its Chapter 11 case in order to enforce the discharge provisions in the Debtor’s confirmed plan of reorganization as well as...
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ORDER GRANTING TRUSTEE’S MOTION FOR TURNOVER OF PROCEEDS On May 30, 1996, the chapter 7 trustee filed a motion requesting that the Court enter an order directing the debtor to turn over $2,000.00 in 1995 state and federal income tax refunds that she received after the filing of her bankruptcy. Debtor did not file a response to the trustee’s motion but on June 6, 1996, She filed an amendment to ...
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MEMORANDUM OPINION This is the court’s decision on a motion by plaintiff Steven Teitelman (hereinafter “trustee”) to compel defendant Alfred Dale, Jr. (hereinafter “Mr. Dale”) to continue with his testimony at a deposition in this adversary proceeding. After the initial day of testimony, Mr. Dale refused to answer most additional questions on the grounds of his Fifth Amendment privilege against...
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MEMORANDUM OF DECISION The matters before the Court are: (1) a “Motion by Debtor to Avoid Judicial Lien of Cooley Dickinson Hospital Pursuant to § 522(f) of the Bankruptcy Code and for Turnover of Exempt Funds from the Trustee” (the “Motion”), and (2) the “Trustee’s Objection to the Debtor’s Claim of Exemption.” By her Motion, Linda J. Martinez^ Whitford (the “Debtor”) seeks to avoid ...
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SUA SPONTE ORDER VACATING ORDER OF DISCHARGE BECAUSE OF CLERICAL MISTAKE COMBINED WITH NOTICE OF THE ENTRY THEREOF The ultimate issue for judicial determination here is whether a bankruptcy court may vacate an order of discharge entered in a chapter 7 case because of its own mistake. It appears to the Court, on its own initiative, that on November 30 and December 22, *635 1994, among other ...
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AMENDED MEMORANDUM OPINION On November 15, 1995, Carey D. Ebert, Chapter 7 Trustee for the bankruptcy estate of Gibraltar Resources, Inc. (“Debtor”) (the “Trustee”), filed a Complaint to Determine, Avoid and Recover Preferences against Dai-ley Directional Services (“Dailey”), Varel Manufacturing Company (“Varel”), and various other defendants. Dailey and Varel each filed Motions for S...
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DECISION AND ORDER DENYING CREDITOR’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION AND DENYING CONFIRMATION OF DEBTOR’S PROPOSED CHAPTER 13 PLAN This matter is before the court upon the motion of Hamilton City Employees Credit *368 Union’s “Objection to Confirmation of Debt- or’s Chapter 13 Plan” (Doc. # 8). The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of referen...
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ORDER OVERRULING DEBTOR’S OBJECTION TO CLAIM FOUR OF THE INTERNAL REVENUE SERVICE This case is before the Court upon Debt- or’s Objection to Claim Four of the Internal Revenue Service and the United States’ Response to Debtor’s Objection. The IRS also filed a Post-Hearing Memorandum on Objection to Claim. The IRS timely filed its proof of claim in the total amount of $7,698.58. O...
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MEMORANDUM ORDER This matter is before the Court on the final chapter of Jane Anne Ratcliffs complaint for determination of dischargeability of debt under 11 U.S.C. § 523(a)(6). In a prior order this Court lifted the automatic stay for the purpose of allowing Jane, the ex-wife of the debtor, to proceed with her pending tort action against the debtor in the Circuit Court of Morgan County, Missour...
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ORDER On June 24,1996, three of McCullough and Company’s creditors, Cox Air Systems, Inc., Acme Sheet Metal Works, Inc., and Axia, Inc. d/b/a Fischbein Co., (hereafter “Cox,” “Acme,” and “Axia,” respectively) brought an involuntary chapter 7 petition against Debtor McCullough and Company. Debtor has filed an Answer to Involuntary Petition in which it requests the Court to refuse to or...
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MEMORANDUM The debtor’s attempt to reorganize has failed, and John MacGregor has been appointed trustee and charged with liquidating the estate. He has retained an auctioneer for this purpose and a sale date has been set. Creditor Sumitomo Bank has a lien on the debtor’s sawmill equipment and rolling stock. This collateral in encumbered far in excess of its worth. Accordingly, the estate shou...
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OPINION Before the Court are “Trustee’s Report to Court on Funds Held and Suggested Distribution of Funds”, “Debtors (sic) Response to Trustee’s Report on Funds Held and Suggested Distribution of Funds”, and Palmer State Bank’s “Motion to Authorize and Direct Chapter 13 Trustee to Distribute Pre-Dismissal Payments to Palmer State Bank”. At issue is who is entitled to post-petition plan paymen...
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MEMORANDUM OPINION STATEMENT OF FACTS The Housing Authority of the City of Pittsburgh (Housing Authority), plaintiff in this matter, brought this motion seeking relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) so that it could proceed with eviction proceedings against Kimale Collins, the Chapter 7 debtor and defendant herein. This Court granted the Housing Authority’s moti...
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OPINION Before the Court are two applications filed by the Debtor to authorize the appointment of certain professionals in this recently filed Chapter 11 case: (1) Application to Employ Spector, Gadon & Rosen, P.C. (“Rosen” or “Rosen Firm”) as Special Counsel (“Rosen Application”); and (2) Application to Employ Zelenkofske Axelrod & Co., Ltd. (“Zelenofske”) as Forensic Accountants (“Z...
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MEMORANDUM OF DECISION Before the Court for determination are cross motions for summary judgment filed by The Bank of Western Massachusetts (“Plaintiff’ or the “Bank”) and CPF Premium Funding, Inc. (“Defendant” or “CPF”) relative to a complaint to determine the validity, priority, or extent of a Hen or other interest in property. Through its complaint, the Bank seeks to estabhsh that ...
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MEMORANDUM OPINION On July 11, 1996, this Court ordered counsel for the debtor to show cause why the above captioned bankruptcy case should not be dismissed for lack of subject matter jurisdiction. This Court entered such order sua sponte because it was concerned that the voluntary petition commencing the case (a) had not been consented to by all 4 of the partnership debtor...
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MEMORANDUM OPINION This matter came before the Court for oral arguments on March 28, 1996, on the Motion of the Chapter 13 Trustee (“Trustee”), Lydia S. Meyer, to Modify Chapter 13 Plan. Prior to oral arguments the parties submitted briefs, specifically a Memorandum in Support of Trustee’s Motion to Modify Chapter 13 Plan, and a Memorandum in Opposition to Trustee’s Motion to Modify C...
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MEMORANDUM OPINION William Ross, Inc. (Ross), debtor and plaintiff in this adversary proceeding, seeks to recover monetary damages from Biehn Construction, Inc. (Biehn) and the Pennsylvania Department of General Services (DGS), defendants in this proceeding, resulting from Ross’ performance on a subcontract agreement with Biehn. A default judgment was entered against Biehn by order of...
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In this Chapter 13 proceeding, the debtor seeks to confirm a plan which proposes to treat as unsecured claims two junior mortgages which would otherwise encumber her residence. Because this court believes that the Supreme Court’s decision in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) prohibits such a “strip down” of liens, the debtor’s motion to conf...
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*734 CORRECTED MEMORANDUM OPINION INTRODUCTION Debtors Raymond and Nancy Rawn filed their Chapter 7 bankruptcy petition on April 12, 1996. Debtors claimed a 1991 Ford LTD automobile as exempt property pursuant to § 704.060 of the California Code of Civil Procedure. Debtors claim that the automobile is a tool of Raymond’s trade as a mechanical engineer and attempted to exempt...
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DECISION ON MOTION TO COMPEL AND OTHER REQUESTS INTRODUCTION This discovery dispute arises in the context of the chapter 7 case of Charalabos Bakalis (“Debtor”). The disputants are Gregory Messer, the chapter 7 trustee (“Trustee”), and Olympian State Bank (“Olympian”), a New York state banking corporation with branches in Bay Ridge, Brooklyn and Astoria, Queens. The most sign...
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MEMORANDUM AND ORDER RE JOINT MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R.BANKR.P. 7056 ARISING OUT OF THE DEBTOR’S ORIGINAL AND AMENDED COMPLAINT TO DETERMINE DISCHARGEABILITY OF CERTAIN DEBTS UNDER 11 U.S.C. § 523(a)(7) COMBINED WITH NOTICE OF THE ENTRY THEREOF This action is before the court on a joint motion filed by the plaintiff, the above-named chapter 7 debtor, Chestine L. Clayton (“Ms....
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ORDER This action comes before the Court on a Motion for Adequate Protection filed by Union Bank. Debtors Michael David Gregg and Denise Lynn Gregg filed a petition for relief under Chapter 7 of the Bankruptcy Code on April 23, 1996. At that time, the debtors declared their intention under § 521(2) to reaffirm the debt owed to Union Bank which was secured by the mobile home in which the debto...
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ORDER ON SUPPLEMENTAL OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN AND ON OBJECTION TO CREDITOR’S PROOF OF CLAIM BACKGROUND Debtors commenced this case by filing, on February 8, 1996, their voluntary petition under Chapter 13 of the Bankruptcy Code. 1 On May 28, 1996, this court entered in this case its “Order on Confirmation of Chapter 13 Plan, on Objections Thereto, ...
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OPINION 1 Introduction This is an action brought by Victoria R. Derby (“Debtor”) to determine the dis-chargeability of her student loan obligation to Student Loan Services and New York State Higher Education Services (“Education Services”). The Debtor seeks a discharge of her student loan obligation based on 11 U.S.C. § 523(a)(8)(B). The Debtor asserts that repayment of the approximat...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the Motion of the United States of America for Relief from the Automatic Stay to Effect Setoff of Pre- and Postpetition Claims, or, in the Alternative, for Adequate Protection (the “Motion to Setoff’). Through the Motion to Set-off, the United States seeks to setoff the postpetition claim of the Internal Revenue Service (“IRS”...
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MEMORANDUM DECISION This adversary proceeding, commenced by the United States Trustee (“UST”), raises a fascinating and important question regarding the extent of services which a nonlawyer may provide in connection with preparing a debt- *879 or’s bankruptcy documents. Specifically, the UST challenges the propriety of a nonlawyer bankruptcy document preparer delivering to the Bankruptcy Cour...
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MEMORANDUM This case is before the court upon the objection to confirmation filed by the holder of a second mortgage on the debtors’ residence. The issue presented by the objection is whether 11 U.S.C. § 1322(c)(2), which was enacted as part of the Bankruptcy Reform Act of 1994, permits a “cramdown” 1 of an undersecured residential mortgage if final payment under the mortga...
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OPINION ON DEBTOR’S MOTION TO AVOID LIEN ON TOOL OF TRADE James and Betty Erwin (“Debtors”) have moved pursuant to 11 U.S.C. § 522(f)(1)(B)(ii) to avoid the lien claimed by Allied Finance (“Allied”) upon their 1988 Ford Crown Victoria LTD. Allied filed a proof of claim wMch asserts a secured claim in the amount of $5,600. Debtors admit owing such amount to Allied; however, they also asser...
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OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On April 3, 1995 Debtors, John and Helga Miller, filed the instant adversary proceeding seeking a determination that their 1986 and 1989 income taxes are not entitled to priority status, and consequently, are dischargeable pursuant to 11 U.S.C. § 507(a)(8) and § 523(a)(1). Subsequently, on July 12, 1995 Defendant, Internal Revenue Service, file...
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In this adversary proceeding, the debtor Rickel seeks declaratory or injunctive relief against Robert Baffa from proceeding with a securities law class action pending in the United States District Court for the Southern District of New York entitled Baffa v. Donaldson, Lufkin & Jenrette et al. Rickel Home Centers, Inc. filed its Chapter 11 petition in this court on January 10, 1996. The Ba...
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MEMORANDUM OPINION This matter is before the court on an objection filed by Sheila Harmon, the debt- or’s largest unsecured creditor, to the debt- or’s claim of exemptions. A number of issues are raised with respect to specific items that the debtor has claimed as exempt. In addition, the creditor asserts that — because her claim against the debtor is based on a nondischargeable “intentio...
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MEMORANDUM ORDER This adversary proceeding came on for trial on May 13-17, 1996. Thomas P. Melloy and Jerome A. Miranowski appeared for the plaintiff. William S. Partridge appeared for Charles W. Ries. Gary W. Koch and David W. Sturges appeared for Farm Credit Services of Southern Minnesota, ACA. Thomas L. Shriner, Jr., Clark T. Whitmore, and James M. Caragher appeared for Firstar Bank Mi...
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MEMORANDUM OPINION AND ORDER Each of these proceedings came before the Court on May 2, 1996, for a hearing on confirmation of a debt adjustment plan filed pursuant to 11 U.S.C. § 1321. This Court has jurisdiction pursuant to 28 U.S.C. §§ 157(a) and 1334(a). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B), (K) and (L). The Court must determine whether the plans of r...
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MEMORANDUM OPINION THIS MATTER came before the Court upon the plaintiffs’ motion for summary judgment declaring the claim of Green Tree Financial Servicing Corporation (Green Tree) to be unsecured, and upon Green Tree’s cross motion for summary judgment declaring its security interest to be valid, perfected and enforceable. The Court having considered the arguments of counsel, reviewe...
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MEMORANDUM OPINION The Court has before it the confirmation of the Chapter 13 plan of James Harris (“Debt- or”). The Court took the matter under advisement at the close of the continued confirmation hearing held on July 12, 1996, in order to address three issues: (1) whether the plan is feasible given its balloon payment provision; (2) whether the lien held by Citi-corp Mortgage, Inc. (“Citic...
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MEMORANDUM OF DECISION Before the Court is a “Motion of Defendant, Department of Revenue of the Commonwealth of Massachusetts, for Summary Judgment” (the “Motion”). Plaintiff Edward D. Friedman (the “Debtor”) filed an opposition to the Motion, together with an affidavit. The issue for determination is whether this Court should find certain state income taxes owed by the Debtor to the ...
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OPINION OVERVIEW The principal of a chapter 11 debtor in possession used estate funds to open a securities account with appellee stockbrokerage firm in the debtor’s name and used the account for his personal benefit without first seeking or obtaining bankruptcy court approval. The account provided a VISA debit card secured by the funds and securities in the account. Appellee debited the account...
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OPINION I. BACKGROUND David Leray Crouch and Donna Katherine Crouch (Debtors) filed a chapter 7 petition on December 1, 1994. At the time they filed, Mr. Crouch owed the County of El Dorado (County), a political subdivision of the State of California, $1,350.72 pursuant to California Welfare and Institutions Code § 602, et. seq., for costs incurred by the County when Mr. Crouch’s minor so...
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OPINION SUMMARY A bank loan to the debtors’ corporation was secured both by the corporation’s assets and the debtors’ personal guarantee. After the corporation filed bankruptcy, the debtors stopped paying the storage facility where the corporation’s assets were stored. The bank thereafter paid the storage costs to prevent the collateral from being sold by the storage facility. Af...
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*722 OPINION SUMMARY The Oregon Fryer Commission filed a proof of claim listing its debt, which was based upon unpaid assessments, as an unsecured priority tax claim. The trustee objected. The bankruptcy court upheld the objection, ruling that the unpaid assessments were not entitled to priority because the Commission was not a “governmental entity,” nor was its claim a “tax.” We AFFIRM. ...
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OPINION Steven C. Decker (“Debtor”) is a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code. The Debtor filed a motion requesting the bankruptcy court to authorize the sale of a piece of real estate, and the payment of part of the proceeds to Valley National Bank (‘VNB”), a creditor holding a security interest in the property. The Internal Revenue Service (“IRS”) filed an o...
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MEMORANDUM DECISION RE MOTION TO DISMISS (Under Advisement Ruling) I. INTRODUCTION. Prism Properties, Inc. (“Debtor”), filed its Chapter 11 petition on November 20, 1995. The Debtor filed its plan and disclosure statement on March 19, 1996; although preliminary hearings have been held, the disclosure statement has yet to be approved. On May 22, 1996, Creditor Maricopa County fil...
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OPINION Before ROSS 1 , VOLINN and JONES, Bankruptcy Judges. INTRODUCTION The debtor’s chapter 11 disclosure statement proposed to strip down a lien secured by his principal residence. Although generally debtors are not permitted to strip down a lien secured by the debtor’s personal residence, the debtor argued that “boilerplate” language contained in the d...
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MEMORANDUM DENYING CONFIRMATION OF CHAPTER IS PLANS I.INTRODUCTION The issue in the present cases is whether debtors’ proposed separate classification and treatment of student loan debts in their respective Chapter 13 plans unfairly discriminates against other unsecured creditors. For reasons discussed herein, the court finds • that the current proposals by the debtors unfairly discriminate...
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OPINION The debtor, Barbara Turner, claimed that the California Department of Real Estate (DRE) violated the anti-discrimination provisions of Section 525(a)1 by suspending her *695real estate license after it paid a claim out of the state’s real estate recovery fund to individuals with a nondischargeable claim against the debtor. The court below dismissed the debtor’s complaint for failure to ...
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OPINION The differences between the fraudulent transfer provisions in the Bankruptcy Code and the Uniform Fraudulent Transfer Act are central to this appeal. In furtherance of a Ponzi scheme, the debtor bought luxury goods at retail from two merchants who delivered them at the debtor’s instructions to Ponzi participants. After the Ponzi scheme collapsed, the bankruptcy trustee brought fraudulent ...
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Opinion Introduction. This matter involves a heated dispute over the ownership of a 13 acre parcel of land located in Concord Township, Delaware County, Pennsylvania. In addition to the instant adversary proceeding, which is styled Complaint for Injunctive Relief and Complaint to Avoid transfer of Property Fraudulent Under State Law and for Return of Property, there are two related moti...
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DECISION Harold B. Murphy, the Chapter 7 Trustee (the “Trustee”) of Terrific Seafoods, Inc. (“Terrific”), brought this adversary complaint against defendants Eric C. Nunes (“ECN”), Charles L. Nunes (“CLN”), Thomas R. Bas-toni (“Bastoni”) (collectively “the individual defendants”), and Fleet National Bank, N.A. (“Fleet”). The complaint contains a variety of causes of action against all...
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MEMORANDUM OF DECISION Before the court is an objection filed by the debtor, Heidi Lesnick (Debtor), to the claim of the Internal Revenue Service (IRS). The IRS filed a response asserting that the entire amount of the claim is due. The court conducted a hearing on the matter and, following the submission of post-hearing memo-randa by the parties, took it under advisement. FACTS The Debtor and Je...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THIS CASE IS a Chapter 7 liquidation case, and the matter under consideration in this adversary proceeding is the discharge-ability of taxes due and owing by Joseph James Riley (“Riley”) and Christine Marie Riley (“Mrs. Riley”), (together, Riley and Mrs. Riley are referred to as the “Debtors”) to the United States of America...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court on a complaint to determine the extent, validity or priority of defendant’s lien; debtor’s objection to claim 1 filed by defendant; and defendant’s motion for relief from the automatic stay. After a hearing on May 13,1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Pla...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Internal Revenue Service’s Objection to Confirmation of the debtors’ Chapter 13 plan. Also before the Court is the debtors’ Objection to Claim filed by Internal Revenue Service. Both parties have submitted briefs and presented oral argument. FACTUAL BACKGROUND Silas and Shirley Darden (“debtors”) previously filed a Chapter ...
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*936 DECISION This case was remanded to this court by The Honorable Myron L. Gordon, United States district judge, to address the issues of whether perfection of a state court supplementary receiver’s lien is required after its creation and, if so, how perfection is accomplished. The determination of these issues shall dictate how the proceeds now being held in the bankruptcy est...
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OPINION A INTRODUCTION The parties have properly confined the remaining issue in this proceeding to whether, in establishing a defense to an action to recover a preferential transfer under 11 U.S.C. § 547(c)(2), the defendant-creditor need prove that the payments were made “according to ordinary business terms” within the creditor’s entire industry, or merely the creditor’s d...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This proceeding came before the Court on plaintiffs Motion for Summary Judgment as to Defendant Structural Services, Inc.; Debt- or’s Objection to Claim 2 filed by Structural Services, Inc.; and a pretrial conference. After a consolidated hearing on May 8, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. ...
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OPINION Before the Court is the Debtor’s request for confirmation of its Amended Plan of Reorganization, objection to which has been filed. by Dean A. Stenberg (“Stenberg”). Hearings were held on April 29, 1996, June 4, 1996 and July 11, 1996. Filed as a small business case entitled to the streamlined procedure intended to be provided such debtors by Congress in the Bankruptcy Reform ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon Defendant’s Motion for Summary Judgment. Upon the pleadings, memorandums of law, supporting affidavit and arguments presented at the hearing on July 17, 1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. On October 13, 1994, L. Bee Furniture Company (Debtor)...
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OPINION ON DEBTOR’S MOTION FOR APPROVAL OF SETTLEMENTS WITH TEN INSURANCE COMPANIES J. INTRODUCTION Over the last several years, Dow Corning Corporation (“Debtor”) was sued by thousands of individuals for personal injuries allegedly caused by the breast implants it manufactured and the materials it supplied to other breast implant manufacturers. The Debtor tendered the co...
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MEMORANDUM OPINION This is the court’s decision on a motion by the debtor Vincent Hayles (hereinafter “debtor”) to reclassify a claim filed by the State of New Jersey, Division of Motor Vehicles (hereinafter “DMV”). This court has jurisdiction under 28 U.S.C. §§ 1334(b), 151 and 157(a). This is a core proceeding under 28 U.S.C. § 157(b)(2)(B), (K) and (L). The debtor’s motion is granted. The fol...
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ORDER Pending in this adversary proceeding is the Plaintiffs motion to remand this action to the U.S. District Court for the Southern District of California, after the action was removed to this Court by the Chapter 7 Trustee of the Defendant Gary Brew Ent. Ltd., Debtor. 1 Gary W. Brugh and Joyce Brugh are also Chapter 7 Debtors in Bankruptcy Case 95-00538-B7. An adversary proceeding by Thoma...
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MEMORANDUM OPINION Walter and Sharon Jensen d/b/a S & W Construction (“Debtors”), filed an objection in this case to the proof of claim filed by the Internal Revenue Service (“IRS”). Upon conversion of their Chapter 11 ease to Chapter 7, the Chapter 7 trustee advised the Court that he intended to prosecute the matter. The parties object to the IRS’s proof of claim in the amount of $149,665.50. ...
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MEMORANDUM OF DECISION This matter is before the Court on the United States Trustee’s motion to compel the Hudson Liquidating Trust to pay the new post-confirmation quarterly fees purportedly imposed in these cases by 28 U.S.C.A. § 1930(a)(6) as amended by the Balanced Budget Downpayment Act, I, Pub.L. No. 104-99, § 211, 1996 U.S.C.C.A.N. (110 Stat.) 26, 37-38 (1996), effective January 26, 1996...
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MEMORANDUM OPINION ON TRUSTEE’S MOTION TO ASSIGN CLAIMS OF THE ESTATE TO THE CLINGER-ITEC CREDITOR GROUP On February 28, 1996 Robbye Waldron, Chapter 7 Trustee, filed a Motion to Assign Claims of the Estate to the Clinger-Itec Creditor Group (Docket # 287). On July 11, 1996 a hearing was conducted concerning the motion. At the hearing, the Court held that all claims of the estate, with th...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION ON DEBTOR’S OBJECTION TO CLAIM NUMBER 208 OF PHILIPP BROTHERS, INC. This is a confirmed Chapter 11 case and the matter under consideration is the Debt- or’s, J.W. Auminum Company’s (Debtor), Objection to Claim Number 208 filed by Philipp Brothers, Inc. (PBI) in the amount of $1,683,156. The Claim is based on damages *65 allegedly suf...
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MEMORANDUM OPINION AND ORDER INTRODUCTION These cases present the issue of whether Missouri law (“nonbankruptcy law”) prevents a creditor from attaching entirety property for non-joint debts (i.e. debts on which only one spouse is liable). The Court holds that non-exempt equity in entirety property may not be attached by non-joint creditors under Missouri law and consequently, under 11 U.S.C....
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ORDER DENYING PLAINTIFF’S MOTION FOR REMAND OR, IN THE ALTERNATIVE, MOTION FOR PERMISSIVE ABSTENTION, AND OBJECTION TO DESIGNATION AS CORE PROCEEDING THIS IS an almost completely administered Chapter 7 case, and Lauren Greene, the Trustee (Trustee), has already filed her Interim Final Report and distributed the funds of the estate and will file shortly Motion for an entry of a Final Decree, to ...
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ORDER DENYING CREDITORIPLAIN-TIFF’S MOTION FOR FINAL SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case and the matter under consideration is a Motion for Summary Judgment filed by Aetna Casualty & Surety Company of Illinois (Aetna). The Motion is filed in Adversary Proceeding Number 94-00572, instituted by Aetna, who in its complaint contended that Ned Bruce Wilson (Debtor) is lia...
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MEMORANDUM OPINION AND ORDER Plaintiff, a Chapter 7 debtor, filed this action seeking discharge of Health Education Assistance Loans (“HEAL loans”) on the basis that nondischarge is unconscionable under 42 U.S.C. § 292f(g) (1992). Defendant counterclaimed for a judgment of nondis-chargeability. Appearances at trial were: debtor in person and by counsel James Do-ran, and the United States by J...
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ORDER DENYING DEBTOR’S EMERGENCY MOTION FOR SANCTIONS FOR VIOLATION OF AUTOMATIC STAY AND EMERGENCY MOTION TO COMPEL ELECTION TO ASSUME OR REJECT CONTRACT (EVEN IF NON-EXECUTORY) AND FOR DETERMINATION THEREON IN THIS Chapter 11 case, the matters under consideration are an Emergency Motion for Sanctions for Violation of Automatic Stay (Motion for Sanctions) filed by R.E.B. & B., Inc. d/b/a Cottm...
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MEMORANDUM Hearing was held on July 25, 1996, on Motion to Dismiss filed by the United States Trustee. Appearances: Thomas Srigenz for the debtors and Sam King for the United States Trustee. 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 core proceeding as defined by 28 U.S.C. § 157(b)(2)(O). Backgroun...
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MEMORANDUM Hearing was held on August 9, 1996, on an Emergency Motion for Order Staying Discovery. 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 core proceeding as defined by 28 U.S.C. § 157(b)(2)(A). Background Prior to filing its voluntary petition in Chapter 11, the debtor, United Imports Corp...
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OPINION Introduction Before the Court is the Motion of Bedemco Import Export, Inc. (“Bedemco”) for Relief From the Automatic Stay Pursuant to 11 U.S.C. 362(d), and for an Order Requiring the Turnover of Certain Monies that are Currently Being Held in Escrow by Midlantic Bank, N.A. (“Midlantic”), a secured creditor of debtor L. Natural Foods Corp. (“Debt- or”). Bedemco premise...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION In this Chapter 7 liquidation case, the above-styled adversary proceeding concerns the dischargeability vel non of an obligation of the Debtor, Albert B. Cole (Debtor) owed to Orix Credit Alliance, Inc. (Orix) pursuant *805 to 11 U.S.C. § 523(a)(6). Orix’s Complaint for a finding of nondischargeability is based upon ...
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ORDER ON MOTION FOR RELIEF FROM STAY AND ON MOTION TO DISMISS THIS IS a Chapter 11 ease and the matter under consideration is a two-pronged attack on the University Commons, L.P.’s (Debtor) attempt to solve its financial problems under the protective umbrella of the automatic stay imposed by § 362(a) of the Bankruptcy Code. The Debtor’s right to obtain relief under Chapter 11 is challenge...
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MEMORANDUM Hearing was held on May 28, 1996, on the Amended Plan filed by the debtor. Appearances: Julie Frank for the debtor and Scott Lautenbaugh for Federal Diversified. 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 core proceeding as defined by 28 U.S.C. § 157 (b)(2)(L). Background On March 19, 1996, the ...
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MEMORANDUM DECISION ON MOTION OF HERBERT DOUGLAS FOR SUMMARY JUDGMENT DIRECTING PAYMENT OF SEVERANCE COMPENSATION AS AN ADMINISTRATIVE EXPENSE UNDER § 503(b) OF THE BANKRUPTCY CODE This is Jamesway Corp.’s (“Jamesway” or “debtor”) second case (“Jamesway II”) under chapter 11 of the Bankruptcy Code. Its first ease (“Jamesway I”) resulted in a confirmed chapter 11 plan of reorganization...
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MEMORANDUM Hearing was held on April 22, 1996, on the Second Amended Plan by debtor. 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 core proceeding as defined by 28 U.S.C. § 157(b)(2)(L). Background Daniel Olson, the debtor, and his ex-wife, Barbara Olson, were married on May 22, 1982. During the course of thei...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS IS a more and more frequently recurring litigation between divorced spouses which involves an attempt by the former spouse of the Debtor to except from the *802 protection of the discharge certain obligations imposed on the Debtor by the Court which dissolved the marriage. The particular matter under consideration is presented for this Court’s conside...
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OPINION ON MOTION FOR REMAND OR ABSTENTION I. Introduction This adversary proceeding raises the issue of whether a chapter 7 trustee can be compelled to litigate in state court the denial of his administrative claim filed against the California Underground Storage Tank Cleanup Fund (“the Fund”), where the denial was based on the prepetition misconduct of the debtors, and the state ha...
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MEMORANDUM OF DECISION GRANTING DEBTOR’S MOTION FOR SUMMARY JUDGMENT Debtor’s objection 1 to RICO claims total-ling more than $163 million is before us on the parties’ cross motions for summary judgment. Claimants bought, from entities established by Debtor and his two partners, interests in tax shelters that produced no gains and no losses; at least none that the IRS would rec...
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ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT THIS CASE came before the Court to consider the Motion for Summary Judgment filed by the Plaintiff, Gerald S. Mickle, Jr. The Plaintiff commenced this adversary proceeding by filing a Complaint to Determine Dischargeability Pursuant to 11 U.S.C. Section 523 and to Determine that the Liens filed by the Internal Revenue Service are Ineffective as to t...
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MEMORANDUM OPINION AND ORDER GRANTING MORTGAGEE’S MOTION FOR RELIEF FROM STAY The debtor, Norma Reid (“Debtor”), filed this Chapter 13 ease after her residence was sold to the mortgagee at a foreclosure sale, but before a certificate of title was issued. Debtor asserts that she retained redemption rights under Florida law which entitle her to cure and reinstate the mortgage under 11 U.S.C. § ...
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OPINION Robert Baker, the debtor’s former attorney and a creditor, filed an adversary proceeding to preclude debtor’s discharge in bankruptcy and to have his debt declared nondischargeable. The lower court granted the debtor’s motion for a directed verdict and Mr. Baker appealed. We affirm. BACKGROUND FACTS Isaac Mereshian, the debtor, 2 was a real estate broker i...
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ORDER Now before the Court in this proceeding is an Objection by Homestead Partners, Ltd. (hereinafter “the Debtor”) to the Proof of Claim filed by Condor One, Inc. (hereinafter “Condor”). This matter gives rise to a core proceeding within the Court’s subject matter jurisdiction. See 28 U.S.C. § 157(b)(2)(B). Having conducted a hearing on the Debtor’s Motion, and having the...
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ORDER Gary and Pamela Burke (hereinafter “Debtors”) filed this action against the State of Georgia acting through its agency the Department of Revenue (hereinafter “Georgia”) alleging a violation of the discharge injunction of 11 U.S.C. § 524(a). 1 Georgia *284 moved to dismiss the complaint asserting sovereign immunity and that it committed no willful violatio...
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ORDER This matter is before the Court on a complaint filed by the debtors, Richard and Patty Mayhall (hereinafter the “debtors”), seeking the turnover of one 1996 Ford Explorer vehicle pursuant to 11 U.S.C. § 542. The hearing in this matter was held on the 13th day of August, 1996. The issue before the Court is whether the bankruptcy estate has any interest in leased property repossessed pre-petit...
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MEMORANDUM OPINION This matter is before the Court on the defendant’s Motion to Dismiss, filed herein on May 15, 1996. The plaintiff filed an Answer to Defendant’s Motion to Dismiss on May 23, 1996. The Court conducted a hearing on the motion and response on June 4, 1996, and took the matter under consideration. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); the p...
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OPINION AND ORDER DISMISSING JOINT MOTION FOR RELIEF FROM JUDGMENT FOR WANT OF JURISDICTION This matter is before the Court on the parties’ joint motion for relief from judgment *171 of this Court’s opinion and order dated December 18, 1995 (the “Order”). The Order found that defendant Sharon L. Griffin willfully violated the automatic stay of 11 U.S.C. § 362. The Honorable D...
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ORDER DENYING REQUEST FOR ISSUANCE OF PLURIES SUMMONS AND DISMISSING ADVERSARY PROCEEDING WITHOUT PREJUDICE This matter is before the Court on this Court’s Order to Show Cause dated May 7, 1996 (the “Show Cause Order”), which stated that the Court was considering dismissal of the instant adversary based on the Barnett Bank of Broward County’s (“Bank”) failure to perfect proper service pursuant to ...
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OPINION AND ORDER DISMISSING COMPLAINT TO DETERMINE DIS-CHARGEABILITY, DISMISSING TINA M. SMALLEY FROM ADVERSARY PROCEEDING, EXCEPTING DEBTS FROM DISCHARGE, AND GRANTING UNITED STUDENT AID FUNDS JUDGMENT ON COUNTERCLAIM This matter is before the Court on Debtors’/plaintiffs Kevin K. Smalley (the “Debt- or”) and Tina M. Smalley’s (“TMS”) adver *319 sary complaint which seeks to discharge the D...
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OPINION AND ORDER DENYING COMPLAINT TO DISCHARGE DEBT AND EXCEPTING DEBTS FROM DISCHARGE This matter is before the Court on Debt- or/plaintiff George A. Henderson’s (the “Debtor”) complaint which seeks to discharge his obligation to make certain weekly payments (the “Weekly Payments”) to his former wife Susan K. Henderson, now known as Susan Spencer, (“SKH”) arising from a separation agreement ...
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OPINION AND ORDER EXCEPTING DEBT FROM DISCHARGE This matter is before the Court on Robert C. Meis’s (“RCM”) adversary complaint against Debtor Judith A. Meis (“Debtor”) under § 523(a)(4). RCM, as assignee of the claim of his late mother Lavada A. Meis (“LAM”), seeks to recover from the Debtor based on her alleged misappropriation of funds from LAM. Having concluded that the Debtor embezzled $92,00...
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OPINION AND ORDER VACATING APRIL 10, 1996 ORDER DENYING EXEMPTIONS, OVERRULING OBJECTION TO DANIEL PATTON’S CLAIMED EXEMPTION UNDER O.R.C. § 2329.66(A)(12)(c), SUSTAINING OBJECTION TO YOLANDA PATTON’S CLAIMED EXEMPTION UNDER O.R.C. § 2329.66(A)(12)(c), SUSTAINING OBJECTION TO CLAIMED EXEMPTIONS UNDER § 2329.66(A)(12)(d), AND GRANTING COMPLAINT FOR TURNOVER This matter is before the Court ...
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MEMORANDUM Before the court is a motion to assume executory contracts between the debtor in possession, GP Express Airlines, Inc. (“Debt- or” or “GP Express”), and Continental Airlines, Inc. (“Continental”). Continental resists Debtor’s motion. I conclude that the contracts are executory, that assumption is not barred by section 365(c)(1), and that non-monetary defaults need not be cu...
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SUPPLEMENTAL MEMORANDUM OPINION This opinion supplements this Court’s bench decision following trial on May 22, 1996. 1 By a special stipulation of the parties in this adversary proceeding, this Court has reviewed in detail the testimony as reflected in the transcript of the trial before Judge Spector on August 4, 1995. The record should reflect, however, that this Court ha...
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ORDER Before the Court is Plaintiff-Debtor’s complaint alleging, among other things, that Defendants willfully violated the automatic stay provided in 11 U.S.C. § 362(a) and that he is entitled to an award of money damages in- *430 eluding costs, attorney’s fees, and punitive damages as authorized by 11 U.S.C. § 362(h). 1 This matter came on for trial and, base...
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MEMORANDUM OPINION This matter comes before the court upon the motion of the United States of America, by and through its agency, the Internal Revenue Service (IRS) for relief from stay to apply a tax refund to pre-petition tax liabilities. BACKGROUND The debtors filed their petition for relief pursuant to Chapter 13 of the Bankruptcy Code, herein, on April 24, 1995. On May 4, 1...
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OPINION A INTRODUCTION Before this court for determination is whether we should confirm the First Amended Plan of Reorganization (“the Plan”) of APPLIED SAFETY, INC. (“the Debtor”) in the face of the rejecting vote and objections to confirmation of the Plan (“the Objections”) filed by Breed Technologies, Inc. (“Breed”). The Plan, proposed by a debtor which has ceased doing bu...
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DECISION Introduction This matter came before the court upon Firstar Bank Milwaukee, N.A.’s motion for relief from the automatic stay and for an order of payment of secured proceeds held by the chapter 7 trustee. The trustee objected to payment of those funds, asking that the court require the bank to marshal assets. Marshaling would require that the bank recover first from other...
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MEMORANDUM DECISION RELATED TO MOTION DATED JUNE 10, 1996 FOR ORDER DIRECTING UNITED STATES TRUSTEE TO REFUND TO THE REORGANIZED DEBTORS FEES IMPROPERLY ASSESSED UNDER 28 U.S.C. § 1930(a)(6) Before the Court is the Motion Dated June 10, 1996 for Order Directing United States Trustee to Refund to the Reorganized Debtors Fees Improperly Assessed Under 28 U.S.C. § 1930(a)(6) (Motion) filed b...
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SUPPLEMENTAL OPINION REGARDING JURISDICTION In this adversary proceeding brought by a former chapter 11 debtor and others post- *918 confirmation alleging various state law claims, the issue is whether the Court has subject matter jurisdiction. I. Plaintiff Eastland Partners Limited Partnership is owned by JAM Associates, the general partner, and Eastland Properties...
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OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT ON COUNTER-CLAIM The question presented, is whether a pre-petition levy by the Internal Revenue Service on funds in the debtor’s bank account constitutes a transfer of an interest of the debtor in property and is therefore avoidable as a preference under 11 U.S.C. § 547(b). The government argues the funds in the debtor’s bank account were h...
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AMENDED SUPPLEMENTAL OPINION REGARDING CONFIRMATION The debtor seeks confirmation of its plan of reorganization. One creditor, Midwest Graphics, Inc., has objected to confirmation on the grounds that the plan unfairly discriminates against Midwest and violates the absolute priority rule. 1 This opinion supplements a decision given on the record in open court. I. M...
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MEMORANDUM OPINION AND ORDER The matter before the Court is the trustee’s motion to disqualify the law firm of Sommers, Schwartz, Silver & Schwartz from representing defendants John T. Shea and John F. Clark. The Court heard oral argument and took this matter under advisement. The Court concludes that the trustee’s motion should be granted. I. Shea and Clark are the majority shareholders and offi...
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MEMORANDUM The instant contested matter is a motion (“the Motion”) by Frances W. (Fredi) Soko-loff, a nondebtor wife (“the Wife”), seeking relief from the automatic stay to pursue certain aspects of a divorce proceeding brought against her by her (now) Chapter 13 debtor-husband, JOEL D. SOKOLOFF (“the Debt- or”), to pursue, through a contempt petition, enforcement of a voluntary pre-divorce S...
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MEMORANDUM OPINION STATEMENT OF FACTS Rack Engineering Company (Rack), the debtor in this case, filed its Amended Chapter 11 Plan of Reorganization (hereafter referred to as the “plan” unless the context indicates otherwise) on November 21, 1995. 1 Fremont Financial Corporation (Fremont), the primary lender to Rack pre-petition, has objected to confirmation of Rack...
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MEMORANDUM OPINION AND ORDER INTRODUCTION In BFP v. Resolution Trust Corp., 511 U.S. 531, 114 S.Ct. 1757, 128 L.Ed.2d 556 (1994), the Supreme Court held the consideration received from a noncollusive, real estate mortgage foreclosure sale conducted in accordance with state law conclusively satisfies the Bankruptcy Code’s § 548 requirement that transfers of property by an insolvent debtor th...
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ORDER Currently before the Court is a Motion for Reconsideration by the Board of Regents of the University System of Georgia (hereinafter “the Board of Regents” or “the Board”). By this Motion, the Board seeks review of an Order dated April 17, 1996, wherein the Court refused to vacate a judgment previously entered against it in this proceeding. This matter gives rise to a core procee...
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ORDER OVERRULING OBJECTION TO CLAIM This matter came before the Court September 11, 1995, for hearing on the objection of the Debtor, Alfred B. Pond (the “Debtor”), to the claim of the Internal Revenue Service (“IRS”), filed in the amount of $61,394.45. The IRS contends that the Debtor is a “responsible person” for Jolie’s Books, Inc. (“Jo-lie’s”), pursuant to Section 6672 of the Internal Reven...
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MEMORANDUM OF DECISION At issue before the court is California’s law on accord and satisfaction. Debtor Van Bu-rén Plaza, LLC, (the “Debtor”) seeks an order disallowing the claim filed by Ironstone Group, Inc. (“Ironstone”) on the ground that accord and satisfaction had been reached resolving Ironstone’s claim, whereas Ironstone contends that the parties never settled the claim by an acco...
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MEMORANDUM OPINION On October 17, 1994, Sunclipse, Inc. (“Plaintiff’) filed a nondischargeability action against James E. Butcher and Hazel Marie Butcher (collectively “Debtors”). On March 11, 1996, I found for Plaintiff and held its claim nondisehargeable under Bankruptcy Code (the “Code”) 1 §§ 523(a)(2)(A), (a)(2)(B), and (a)(6). Plaintiff filed a motion for attorneys fe...
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MEMORANDUM OPINION AND ORDER In this adversary proceeding, the defendants C & C Petroleum & Chemicals Group, Inc., Peter V. Snyder, Michael Chehoski and Martin P. Clark move to dismiss the complaint of Petrowax PA, Inc. pursuant to Bankruptcy Rules 7012(b)(1) and 7012(b)(6). This is the court’s Opinion on the motion. I. Facts The following facts are not in dispute an...
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MEMORANDUM OF OPINION The Debtor, Edward J. Sullivan, Jr., seeks a declaration that more than four million dollars in taxes, penalties, and interest are dischargeable under section 523(a)(1)(B)(ii) of the Bankruptcy Code. Both the Debtor and the Internal Revenue Service (the “IRS”) filed cross-motions for summary judgment and have stipulated the facts required for the Court’s decision. This is ...
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MEMORANDUM OPINION This matter came before the Court February 29, 1996 for trial on the adversary complaint filed by Susan K. Childers (“Childers”) in adversary ease number 95-0869-BKC-SHF-A and the adversary complaint filed by Robert Stanley Stone, as next friend to Tiffany Dawn Moore (“Stone”), adversary case number 95-0892-BKC-SHF-A (Stone and Childers are collectively referred to as the “...
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MEMORANDUM OF DECISION Procedural Background This proceeding originated in the United States Bankruptcy Court for the District of New Hampshire on a complaint filed pursuant to § 523(a)(2)(A) 1 of the Bankruptcy Code by William & Norrine Field (“Plaintiffs”) to determine the dischargeability of a debt owed to them by Philip Mans (“Debt- or”). The issue was whether ...
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ORDER These consolidated adversary proceedings came on for a trial on plaintiffs’ objections to debtor’s discharge. This is a core proceeding under 28 U.S.C. § 157(b)(2)(J). After considering all of the evidence presented and the arguments of counsel, the Court makes the following findings of fact and conclusions *713 of law pursuant to Fed.R.Bankr.P. 7052, incorporating ...
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ORDER This adversary proceeding was tried before the Court at an all-day evidentiary hearing on August 26, 1996 on a Complaint Objecting to the Discharge of the debtor that raised a number of asserted grounds under § 727 of Bankruptcy Code to bar discharge. The debtor is a manager of a restaurant operation owed by his father that was incorporated in October of 1993. The debtor is only an employ...
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OPINION Before the Court is the motion for leave to file proof of claim out of time by C. Thomas Anderson, Trustee for Poplarville Stockyards, Inc., and the debtors’ opposition thereto. Having considered the pleadings and memoranda submitted on behalf of the parties, as well as the evidence presented at trial and the arguments of counsel, the Court hereby concludes that motion should be grant...
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MEMORANDUM OPINION This adversary proceeding presents as a key issue whether the statute of limitations pertaining to a sale of goods is tolled by a seller’s assurances that it can make its delivered product perform. This matter came before the Court on a “Motion to Dismiss *752 Pursuant to Federal Rule 12(b)(6)” filed by the defendant (Court Doc. No. 19) with regard to t...
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OPINION PROCEDURAL BACKGROUND This matter comes before the court upon a Motion for Compensation Under the Chapter 12 Plan brought by creditor Plant Food Company, Inc. (“Plant Food”) on December 6, 1995, for payment for seed and fertilizer provided to the Molnar Brothers (“Debtor”) in 1993. The Debtor filed an objection and a hearing was held on February 15, 1996. The court reserv...
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MEMORANDUM OF DECISION Before the court are two motions in each of two related cases — motions to dismiss an adversary complaint, and motions to remand the adversary to state court. This memorandum of decision applies to both motions in both cases. Pursuant to Federal Rule of Bankruptcy Procedure 7012, Debtors Lance and Susan Wrobel and Debtor James Mullen (collectively, “Debtors”) move to di...
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MEMORANDUM OF DECISION Before the Court for determination is an “Application by the Debtor for Authority to Employ and Compensate a Real Estate Broker” (the “Application”). Prior to the commencement of the case, Snowcrest Development Group, Inc. (the “Debtor”) employed Landry, Lyons & Whyte Company, Inc. (the “Broker”) to market and sell certain properties owned by the Debtor. The App...
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ORDER This matter is before the court on a motion for summary judgment filed by plaintiff Paul H. Anderson, Jr., Chapter 7 trustee. Plaintiff seeks a judgment against defendant Natalie Speaks, declaring that she has no allowable secured interest in this debtor’s estate. Defendant has discharged counsel in this case and is proceeding pro se. The court will treat defendant’s ...
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MEMORANDUM OPINION The Court has before it a dispute between the debtors and the chapter 13 trustee (“trustee”) over the disposition of funds in the hands of the chapter 13 trustee in this matter. After filing this chapter 13 proceeding and proposing a plan which was confirmed, the debtors in this proceeding elected to convert the ease to a case under chapter 7. The dispute concerns the sum o...
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*704 ORDER Before the court are cross-motions for summary judgment. Plaintiff debtors, Decorating Direct, Inc. and Cherokee Falls Investments, Inc. (“Decorating” and “Cherokee” respectively), filed this adversary proceeding to avoid the attorney’s lien claimed by defendant James M. Crawford. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(K). The findings and conc...
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ORDER The motion of James H. Bone, Standing Chapter 13 Trustee, for sanctions under F.R.B.P. 9011 came on for hearing on January 30, 1996, at 11:00 a.m., upon notice to the debtor and her counsel, Thomas Ware. At the call of the calendar, James H. Bone, Standing Chapter 13 Trustee (“trustee”), was present and announced ready. Neither the *272 debtor nor debtor’s counsel, ...
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OPINION A. INTRODUCTION In the instant proceeding (“the Proceeding”), J. KAJ SPENCER and ELLEN SPENCER (respectively “the Husband Plaintiff’ and “the Wife Plaintiff,” and collectively “the Plaintiffs”) contest the grant of a discharge to ROBERT I. BLANCHARD and ADELE G. BLANCHARD (respectively “the Husband Debtor” and “the Wife Debtor,” and collectively “the Debtors”) on the ...
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ORDER This adversary proceeding is before the Court on cross motions for summary judgment filed by the plaintiff John W. Ragsdale, Jr., as Trustee (“plaintiff” or “Trustee”) and defendant South Fulton Machine Works, Inc. (“SFM”). The Trustee is attempting to avoid a $325,000.00 payment as a fraudulent transfer under 11 U.S.C. §§ 544(b), 548, and O.C.G.A. § 18-2-22, and to recover $325...
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OPINION Monumental Life Insurance Co. (“Monumental”) appeals from an order finding that it is stayed by Bankruptcy Code Section 362 2 from foreclosing its trust deed on real property in which the Debtor holds a junior lien. We affirm the trial court. I. FACTS The land in question is a tract of four parcels in Colorado Springs, Colorado, owned by Park Hill of Colorado Springs, Ltd., a li...
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OPINION Elizabeth Foss (the “Debtor”) moved to avoid a judicial Ken on her homestead pursuant to § 522(f)(1)(A). 1 The bankruptcy court denied her motion and she appeals. WE AFFIRM. FACTS The relevant facts are not in dispute. The Debtor married Arnold Foss on August 8, 1984. Prior to her marriage, the Debtor owned as separate property her residence at 4733 Martin Luther King Jr. Way S....
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OPINION The trustee in a Chapter 7 bankruptcy sought to avoid as fraudulent a debtor’s transfer of a deed of trust to his parents and a grant deed to his wife. Following entry of summary judgment in his favor, the trustee sought attorney’s fees from the fraudulent transferees. The bankruptcy court concluded that the fraudulent transfer action was akin to a contract rescission claim; because t...
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OPINION SUMMARY A secured creditor obtained relief from stay to foreclose on the debtor’s principal asset, a commercial building. The debtor attempted to allow the principal tenant out of an unfavorable lease the day before the foreclosure sale. The bankruptcy court refused to approve this agreement, forcing the lessee to attorn to the building’s new owner. The debtor appeals. We...
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO COMPEL This matter is before the court upon the Plaintiff-Trustee’s Motion to Compel (Doe. 22-1), Defendants’ Memorandum in Opposition (Doc. 28-1), and the hearing held May 6, 1996. The court has jurisdiction pursuant to 28 U.S.C. §§ 157(a) & 1334 and the standing order of reference entered in this district...
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MEMORANDUM DECISION ON CREDITOR’S OBJECTION OF CLAIM OF EXEMPTIONS Thomas E. Flynn (“Debtor”) filed his voluntary petition under Chapter 7 on February 13, 1995. In Schedule A to the petition he indicated his ownership of a one-half interest in real estate described as “2001 Marina Dr. #215W, So. Quincy” (the “Property”). He valued the Property at $109,000 and stated that it was encumbered...
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DECISION DENYING DEBTOR’S MOTION TO ASSUME OR ASSIGN CONTRACT OF SALE This matter is before the Court pursuant to a motion under Section 365 of the Bankruptcy Code (the “Section 365 Motion”) by Grove Rich Realty Corp. (the “Debtor”) and William A. Friedle (“Friedle”), President and a stockholder of the Debtor (collectively the “Movants”), to assume and assign the Debt- or’s rights and del...
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MEMORANDUM OPINION On March 26, 1996, this Court issued a Memorandum Opinion (“March 26 Opinion”) on the Trustee’s objection to the Debtor’s amended Schedule C claiming a Truth in Lending Act (“TILA”) cause of action as exempt and the Trustee’s motion to approve a $7,500 settlement of any TILA claims or other causes of actions the Debtor may have against Nationseredit Financial Services Corp. (“Na...
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MEMORANDUM OF DECISION I. John J. O’Neil, Jr., Trustee of the Chapter 7 Estate of Northeastern Contracting Co. (the “Debtor”), on June 2, 1995, brought a complaint pursuant to 11 U.S.C. § 547(b)1 to set aside and recover as preferential two payments which the Debtor made to the defendant, Orix Credit Alliance, Inc. (“Orix”) on a debt guaranteed by defendants, Salvatore J. Marino, Sr. and Salvato...
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MEMORANDUM OF DECISION Introduction. This adversary proceeding raises difficult and important issues of statutory and Constitutional law. It was commenced by L.D. Fitzgerald (“Plaintiff”), the Chapter 7 Trustee of the bankruptcy estate of Debtors Sean and Debra Hodge, to avoid what he alleges *890 were fraudulent transfers made by Debtors to Magic Valley Evangelical ...
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MEMORANDUM DECISION ON DEBTORS’ APPLICATION FOR ORDER PURSUANT TO SECTION 105(A) OF THE BANKRUPTCY CODE ENJOINING STATE COURT PROCEEDING FILED BY ISETAN OF AMERICA, INC. Barney’s Inc. (“Barneys”) and Preen Realty, Inc. (“Preen” and collectively, the “plaintiffs”) move for an order under § 105(a) of the Bankruptcy Code enjoining until the conclusion of their jointly administered chapte...
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ORDER This matter is before the Court on the objection filed by Prudential Securities, Inc. (hereinafter “Prudential”) to debtor’s claims of exemption of an individual retirement account (“IRA”) and certain life insurance proceeds. The hearing in this matter was held on the 14th day of August, 1996. The parties were granted leave to file post-hearing briefs on the issue of whether debtor’s clai...
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ORDER ON DEBTORS’ MOTION TO ENFORCE DISCHARGE This matter is before the Court on the Debtors’ Motion to Enforce Discharge against the Internal Revenue Service (IRS). (Doc. 42). The IRS has filed a response to the motion. (Doc. 43). The Court held a hearing on November 29, 1995, at which the parties were granted additional time to file supplemental memoranda. (Mem. of Debtors, doc. 47; Mem. of I...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION AND REQUEST FOR TURNOVER OF RENTAL INCOME The Court, after reviewing and considering the Trustee’s Objection to Debtor’s Claim of Exemption and Request for Turnover of Rental Income, the Opposition filed by the Debtor, the testimony, demeanor and credibility of the Debtor and her former husb...
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MEMORANDUM OPINION The Trustee has filed an objection to the Debtor’s amended schedule claiming as exempt property a class action filed in the district court (after commencement of this case) for Truth in Lending Act (“TILA”) violations. The Trustee also moved for authority to settle that litigation for $7,500. The Debtor, of course, objects to the Trustee settling an action that she claims is ...
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MEMORANDUM OPINION Consumers United Capital Corporation (“CUCC”), the plaintiff herein, filed a complaint objecting to the discharge of Dana H. Greene (“Debtor”). In the complaint CUCC alleges that Debtor committed numerous acts which constitute violations of 11 U.S.C. § 727(a), 1 including the failure to maintain or *70 destruction of business records, the tra...
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ORDER DENYING DEBTORS’ MOTION FOR CONTEMPT This matter is before the Court on the Debtors’ motion to find the Ohio Bureau of Employment Services (OBES) in civil con *849 tempt. (Doe. 20). The OBES has filed a response to the motion. (Doe. 23). 1 The Court has jurisdiction over this ease pursuant to 28 U.S.C. § 1334 and the General Order of Reference entered in this...
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OPINION This matter comes before the Court by way of motion of debtors, Peter J. Libby and Diane Ruth Libby (the “Debtors”), to bifurcate the second mortgage claim of Columbia Savings Bank (“Columbia Savings”) on the Debtors’ principal residence, commonly known as 388 West Oakland Avenue, Oakland, New Jersey (the “Property”) into secured and unsecured components pursuant to section 50...
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*828 OPINION A INTRODUCTION The instant motion (“the Motion”) of SACRED HEART HOSPITAL OF NORRIS-TOWN d/b/a SACRED HEART HOSPITAL AND REHABILITATION CENTER (“the Debtor”) seeks to vacate a decision of arbitrators of July 26, 1996 (“the Decision”), in favor of INDEPENDENCE BLUE CROSS (“IBC”) on the issue of IBC’s liability to the Debtor for depreciation of its hospita...
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MEMORANDUM OPINION The debtor has filed an adversary proceeding seeking a ruling that an unscheduled general unsecured debt owed to the defendant, State of Oregon Bureau of Labor and Industries, (“BOLI”) was discharged under 11 U.S.C. § 1328(a) when he completed his Chapter 13 plan. The parties have submitted this issue to the court through cross motions for summary judgment. I have juris...
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MEMORANDUM OPINION DENYING MOTION TO COMPEL CHAPTER 7 TRUSTEE TO DISTRIBUTE FUNDS TO INTERNAL REVENUE SERVICE The Internal Revenue Service (“IRS”) has moved for an order that compels the Chapter 7 Trustee to distribute to it certain funds from the bankruptcy estate. The IRS alleges the Debtor was holding these funds in trust for the IRS at the time it filed its bankruptcy petition. Th...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT ON ISSUE OF TRANSFEREE LIABILITY This cause came on for consideration upon the Plaintiffs (Debtor) Verified Motion for Partial Summary Judgment as to Count I and Count II, filed November 30, 1995, and the Motion by the United States for Summary Judgment on Issue of Transferee Liability (“Motion”) filed April 26,1996. Debtor filed this adversary complaint se...
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MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT By his complaint in this adversary proceeding, the Plaintiff and Debtor, Paul Winehell, seeks a determination that the Defendant, the Town of Wilmington, Massachusetts, is not entitled to postpetition interest on its prepetition claim for real estate taxes. Pursuant to his confirmed plan of reorganization, under which the Debtor was...
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MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT By the motion before the Court, the Plaintiff, Joseph Braunstein, as he is trustee in this case under Chapter 7 of the Bankruptcy Code, seeks summary judgment with respect to Counts VII and VIII of his complaint in this adversary proceeding. Counts VII and VIII recite that after the Debtor commenced th...
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MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN This case is before the Court on the Chapter 13 Trustee’s objection to confirmation of the Debtor’s Second Amended Chapter 13 Plan. The Trustee objects only to the provision in the plan that authorizes the Debtor to *746 make his payments on the modified secured claim of the Boston Bank of Commerce directly to ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court, upon the Application of W & W Protection Agency, Inc. (“Debtor”) to employ and retain Taft, Stettinius & Hollister (TS & H) as attorney for the Debtor (the “Application”). The Court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2). FACTS On May 2, 1996, the ...
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MEMORANDUM OPINION The debtor commenced this adversary proceeding to determine the dischargeability of student loans. The complaint identifies loans' made by defendants Whitworth College, Wheaton College, and Sallie Mae. 1 All of the defendants were served and answered. Whitworth and Wheaton did not appear at the pretrial conference or at the trial. NELA is the real party in in...
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MEMORANDUM OPINION The parties were married for nearly ten years. In April of 1995, after a three-day trial, a decree of dissolution was entered. The decree provided in part that each party was assigned and ordered to hold the other harmless from certain community debts. Additionally, the debtor was ordered to pay a portion of the plaintiffs attorney’s fees. The debtor filed a chapter 7 petitio...
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ORDER DENYING DEBTOR’S MOTION TO AMEND COURT’S ORDER DIRECTING RELEASE OF LIENS TO AWARD DAMAGES FOR VIOLATION OF THE DEBTOR’S BANKRUPTCY DISCHARGE This matter came before the court on August 9, 1995, on Debtor’s Motion to Amend Court’s Order Directing Release of Liens to Award Damages for Violation of the Debtor’s Bankruptcy Discharge. The reorganized debtor, Hurricane R.V. Park, Inc. (“debtor”),...
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MEMORANDUM OF DECISION I. Introduction Before the Court is a “Motion To Require Lienholder To Return Collateral (Motor Vehicle)” (the “Turnover Motion”) 1 filed by Anthony J. Pluta (the “Debtor”) and a “Motion For Relief From Automatic Stay of Chrysler Financial Corporation” (the “§ 362 Motion”) (“Chrysler”). The issues for determination are (1) whether a certain 1995 Jeep Cherokee (the...
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MEMORANDUM OF DECISION Before the Court for determination is a “Motion for Summary Judgment, or Alternatively, Motion for Partial Summary Judgment, Stay and Referral to the Massachusetts Department of Public Utilities” (the “Motion”) filed by CST Office Products, Inc. (“Defendant” or “CST”), one of the defendants in the instant adversary proceeding. Through his complaint, David J. Noo...
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ORDER This adversary proceeding started out as a state court action which was filed in the Superior Court of Craven County, North Carolina, on August 4, 1995. The temporary restraining order and temporary injunction which are at issue were entered in the state court on August 4,1995 and August 23, 1995, respectively. The complaint alleges six claims for relief. The first claim for relief seek...
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MEMORANDUM OPINION This is an action to determine the dis-chargeability of a landlord’s claim for damages resulting from the debtors’ breach of a residential lease. The landlord asserts that the debt is nondischargeable because the debtors submitted a false financial statement as part of the lease application. The debtors assert that there was no intent to deceive, that any omissions were...
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MEMORANDUM OPINION This case came before the court on April 30, 1996, for determination of the claims of Airway Moving & Storage, Inc. (“Airway”) and Fredrickson Motor Express Corp. (“Fre-drickson”). Each of the claimants contends that it has a secured claim as well as a cost of administration claim under § 503(b). JURISDICTION The court has jurisdiction over the subject mat...
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ORDER This case came before the court on May 28,1996, for hearing upon Debtor’s motion to file amended/supplemental pleading. Debtor appeared at the hearing but did not offer any evidence or oral arguments in support of the motion. Having reviewed the motion to file amended/supplemental pleading and the contents of the official file, the court finds and concludes as follows: FINDINGS OF FACT 1. ...
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ORDER This case came before the court on January 25, 1996, for hearing upon the Motion of Rabex of Japan, Ltd. to Alter or Amend Judgment or for Relief from Order Appointing Attorney for Debtor. Bonnie Kay Donahue and Nicolas P. Robinson appeared on behalf of Rabex of Japan, Ltd., C. Edwin Allman, III and R. Bradford Leggett appeared on behalf of Debtor and D. Anderson Carmen appeared...
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*903 ORDER This case came before the court on March 11,1996, for hearing upon the application for allowance of compensation for Dixon, Odom & Co., L.L.P. (“Dixon Odom”) for services rendered as accountants for the Debtor in this. case. J. Brooks Reitzel, Jr. appeared as attorney for the Debtor; Sarah F. Sparrow appeared as attorney for the Unsecured Creditors’ Committee, Robi...
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RULING AND ORDER ON TRUSTEE’S MOTION TO DISMISS CHAPTER 7 CASE I. ISSUE Pursuant to Bankruptcy Code § 707(a)(1) 1 , the Trustee filed a motion to dismiss the debtor’s Chapter 7 ease. At issue is whether the debtor’s invocation of his Fifth Amendment privilege against self-incrimination and refusal to answer any questions at the creditors’ meeting constitute ca...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT TO REVOKE DISCHARGE OF DEBTOR This adversary proceeding came on for final evidentiary hearing on January 3, and March 5,1996, on the Complaint of the Chapter 7 Trustee, Lynnea Concannon (the “Trustee”) to Revoke the Discharge of the Debtor, Tony Costantini (the “Debtor”) based upon the Debtor’s failure to comply with a court order p...
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MEMORANDUM DECISION Creditor Shaun Bums (“Burns”) has moved this court for an order dismissing the small business chapter 11 case of Western Steel & Metals, Inc. (the “Debtor”) for failure-to file a plan of reorganization within the 160-day period prescribed by 11 U.S.C. section 1121(e). 1 Alternatively, Bums seeks dismissal for “cause” under sections 1112(b)(1), (2) and (3). T...
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MEMORANDUM OF DECISION Before the court is the debtor’s objection to the unsecured claim of Duron, Inc. (“Du-ron”), filed on February 15, 1995, in the amount of $73,330.06. Specifically, the court must address whether Duron is entitled to lease rejection damages and, if so, the amount thereof. 1 A hearing was held on this matter on May 21,1996. The parties submitted posthearing memoranda. F...
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MEMORANDUM OPINION This matter is before the Court on a Motion to Dismiss With Prejudice filed by the Chapter 13 Trustee (“Trustee”). Trustee contends that Debtor’s failure to disclose a personal injury law suit settlement prior to the filing of the bankruptcy petition is grounds for a prejudicial dismissal. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(A) & (L). T...
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MEMORANDUM DECISION Plaintiffs Nobutsugu Aino, et al. (“Aino”), certain former co-owners of Beverly Plaza Shopping Center, Doubletree Rancho Bernardo, High Bluff Office Building, Holiday Inn Civic Center, Kauai Resort Hotel, Ptarmigan Inn, Sports Arena Travelodge and St. Tropez Hotel (the “Cash Co-Owners”) have moved for summary judgment in their complaint for declaratory relief filed aga...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON AMENDED COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF DEBT This adversary proceeding came on for final evidentiary hearing on November 2 and 3, 1995, on the Amended Complaint of Stephanie Christison (“Plaintiff’), individually and as guardian for her two children, Jacquelyn Marie Christison, and Jack Devin Christ-ison, to determine the discharg...
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*975 MEMORANDUM DECISION REGARDING WITHDRAWAL OF PROOF OF CLAIM UNDER BANKRUPTCY RULE 3006 Before the court is a motion for a determination that a proof of claim was properly withdrawn as of right pursuant to Rule 3006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or, in the alternative, leave to withdraw the claim. BACKGROUND On February...
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ORDER DENYING MOTION OF CONDOR ONE, INC. FOR RELIEF FROM AUTOMATIC STAY AND MOTION TO TERMINATE EXCLUSIVITY, AND GRANTING DEBTOR’S MOTION TO EXTEND EXCLUSIVITY Before the Court are several related matters as follows: the motion of Condor One, Inc. (“Condor”) for relief from the automatic stay, or in the alternative, for adequate protection; Condor’s motion to terminate exclusivity; an...
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MEMORANDUM OF OPINION On November 7, 1995, the Trustee filed a motion seeking permission to sell a 1990 GMC Safari van (the “Van”) titled in the Debtor’s name. The Debtor objected on the ground that the Van is the property of her boyfriend, William T. Smith. The matter was tried before the Court on March 21st and the parties subsequently filed briefs in support of their positions. The Court has...
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Upon all the pleadings and submissions filed herein by plaintiffs, The LTV Corporation (“LTV”), LTV Aerospace and Defense Company (“LTVAD”), and LTV Vehicle Corporation, fik/a AM General Corporation (“LTV Vehicle” or “Old AM General”) (collectively, the “LTV Plaintiffs”), and by defendants, Tammy Dee Back (“Back”) and William G. Adamson (“Adamson”), in Adversary Proceeding No. 96-8237A (the “LT...
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ORDER DENYING MOTION FOR RECONSIDERATION This ease came on for hearing on the debt- or’s motion for reconsideration. .Clayton D. Halunen appeared for the debtor and Paul J. Sandelin, the trustee, appeared in propria persona. This court has jurisdiction over this motion pursuant to 28 U.S.C. §§ 157(b)(1) and 1334, and Local Rule 201. This is a core proceeding within the meaning of 28 U.S.C...
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ORDER Raymond and Cynthia Headrick (hereinafter “Debtors”) filed this complaint against the State of Georgia acting through its agency the Department of Revenue (hereinafter “Georgia”) alleging violations of the automatic stay, 11 U.S.C. § 362 1 . Georgia moved *965 for summary judgment, asserting sovereign immunity and that its actions did not violate the auto...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court on the Plaintiffs’ Motion for Summary Judgment on Count I of the Complaint. Plaintiffs, Richard J. Grassgreen, on his behalf and as Trustee of the Estate of Richard J. Grassgreen (the “Debtor”), and The En-. star Group filed this Motion for Summary Judgment against defendant, United States of America, for its ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon Your Campus Federal Credit Union’s (“Credit Union’s”) Objection to Confirmation of Debtor’s Plan of Reorganization pursuant to 11 U.S.C. § 1325(b)(1)(B). Upon consideration of the evidence presented at the hearing held on August 13,1996, the Court enters the following findings of fact and conclusions of law. ...
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OPINION This matter comes before the Court upon motion of Citibank, NA.. (“Citibank”), a secured creditor, to annul the automatic stay pursuant to 11 U.S.C. § 362(d), to validate the foreclosure sale of the debtors’ residence, and granting prospective relief barring the debtors from filing another bankruptcy peti *792 tion for 180.days or ordering that the automatic stay ...
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EXTRACT OF BENCH MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The debtor commenced this adversary proceeding to enjoin the defendant from continuing to prosecute a state court tort action against Maurice Bidermann, the debtor’s chairman, and a declaration that certain proceedings previously taken in state court are void. The defendant answered, and has now moved, ...
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OPINION The matter before the Court is a motion filed by General Electric Capital Mortgage Services, Inc. (“G.E. Capital”), a secured creditor, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and excluding certain real property from the Debtor’s estate based on the Debtor or Trustee’s failure to timely redeem the subject property under 11 U.S.C. § 108(b). FACT...
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BLACKWELL N. SHELLEY, ’ Bankruptcy Judge. This matter comes before the Court on a motion by Keith L. Phillips, (“Phillips”) to reopen the bankruptcy ease of Andrew C. Shelton, (“Mr. Shelton”), and to consolidate the reopened ease with the bankruptcy case of Mr. Shelton’s wife, Deborah S. Shelton, (“Mrs. Shelton”), in order to administer jointly held assets. Phillips is Mrs. Shelton’s Chapt...
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OPINION PROCEDURAL BACKGROUND This matter comes before the court on a motion brought by creditor, Barclays Bank PLC, New York branch (“Barclays”) to dismiss the chapter 11 bankruptcy proceeding pursuant to 11 U.S.C. § 1112(b). A plenary hearing was held March 1 and March, 19, 1996. Barclays contends that the case should be dismissed because there is no equity in debtor’s sole ass...
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MEMORANDUM DECISION GRANTING DEBTOR’S MOTION TO DISMISS CASE 40 East 80 Apartment Corp. (the “Co-op”) moves to convert Olivia Greenberg’s (the “debtor”) Chapter 13 case to one under Chapter 7. Prior to the return date, the debtor “cross-moved” to dismiss her case pursuant to § 1307(b) of the Bankruptcy Code. The Co-op opposed the debtor’s motion. For the reasons that follow, the Court wil...
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DECISION The debtor filed a petition for relief under Chapter 11 of the United States Bankruptcy Code on April 28, 1983. A Chapter 11 trustee was subsequently appointed and, on March 22, 1989, the case was converted to Chapter 7. On September 6, 1990, the bank *859 ruptcy trustee recovered a judgment in this adversary proceeding against the defendant, Samuel Conte, a form...
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MEMORANDUM OPINION This matter comes before the Court on a complaint filed by Sharon A. Shappy (“Mrs. Shappy” or Plaintiff) alleging the existence of a debt owed her by Hunter Carpenter Scott (“Scott” or the Debtor). Mrs. Shappy’s complaint further alleges that the debt owed her by Scott should be determined nondischargeable under 11 U.S.C. §§ 523(a)(2) and 523(a)(4) of the Bankruptcy...
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ORDER GRANTING DEBTOR’S MOTION TO DISCHARGE DEBT This adversary proceeding was commenced upon the Plaintiff-Debtor’s filing of a Complaint to Determine Dischargeability of Debt pursuant to 11 U.S.C. § 523(a)(8)(B). At issue are student loans that were federally guaranteed and came due less than seven years before the date of the filing of the Plaintiffs bankruptcy petition. Thus, the only...
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW IN THE NATURE OF MEMORANDUM OPINION AND ORDER This matter is before the Court pursuant to remand from U.S. District Court entered February 17, 1995. This Court’s prior decision made findings and conclusions in the nature of a Memorandum Opinion dated August 17, 1994 (Appendix 1). Pursuant to remand, this Court scheduled a further hearing to receive...
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MEMORANDUM DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before us 1 , on cross-motions for summary judgment, is the issue of whether Moulton is entitled to a holdback amount of $159,250 plus interest or whether Moulton must instead turn over funds previously distributed to it as a secured creditor. We hold that Moulton is entitled to the holdback amount, plu...
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The debtor, Princeton Square Associates, LP (the “Debtor”), owns and operates an office building at 379 Prineeton-Hightstown Road in East Windsor, New Jersey (the “Property”). The Debtor filed its Chapter 11 petition in this court on March 11, 1996. The Property is encumbered by two mortgages held by The Dime Savings Bank of New York, FSB (the “Lender”). Within weeks of the Chapter 11 filing, t...
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MEMORANDUM OPINION Creditor Kansas City Freightliner Sales, Inc. (“KCFL”) asked this Court to find that the automatic stay is not applicable to the prosecution and continuation of a lawsuit filed in the Circuit Court of Clay County, Missouri (the “Clay County Case”) in which KCFL is attempting to hold the alleged officers and directors of debtor R.L. Jones & Sons, Inc., personally res...
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The Chapter 7 trustee of Bentley-Russell, Inc., has objected to the allowance of four proofs of claim filed on behalf of the stockholders of the debtor corporation. With support from one of the unsecured creditors, the trustee proposes to reclassify the claims as equity. Specifically, the trustee and creditor contend that due to the undercapitalization of the business, the claims of stockholders m...
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MEMORANDUM OF DECISION The defendants’ pending motion to dismiss challenges this court’s subject matter jurisdiction over three counts of the plaintiff/debtor’s complaint. Although the defendants acknowledge jurisdiction over alleged violations of the Bankruptcy Code’s automatic stay (Count I) and discharge injunction (Count II), they contend jurisdiction does not exist over those cou...
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Clarence Graphics, Inc., (the “Debtor”) has moved for summary judgment with respect to the fourth cause of action of its complaint in the above referenced action against Thomas Owen. Specifically, this cause of action seeks to avoid an alleged security interest in certain assets of the Debtor. The Debtor contends that it never granted a security interest to Mr. Owen, and that even if such a secur...
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MEMORANDUM OF DECISION Before the Court is “Creditor-Appellant Cadle Company of Ohio, Inc.’s Motion for Stay of Further Proceeding [sic] Pending Appeal” (“Cadle”) (the “Stay Motion”). The Stay Motion requests that the Court, pursuant to Fed.R.Bankr.P. 8005, stay its order of September 3, 1996, confirming the Second Amended Chapter 11 Plan of Reorganization (the “Plan”) filed by Miraj ...
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AMENDED MEMORANDUM OPINION This matter is before the Court on Motion for Summary Judgment by Defendant, Aetna Life Insurance Company (“Aetna”), and Motion for Partial Summary Judgment by Plaintiff, Green Rives Forest, Inc. (“GRF”). In this action, GRF wants the Court to recognize its leasehold rights in two tracts of land which were previously leased to GRF by Aetna’s predecessor in title as pa...
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ORDER DENYING CONFIRMATION This matter is before the Court on continued objection by the Internal Revenue Service (“IRS”) to the confirmation of Debtors’ Chapter 13 plan. The issue is whether a portion of the Debtors’ 1995 income tax liability is a pre-petition claim. The matter was heard on June 13, 1996; appearances are as noted in the record at the hearing; and, the Court now makes thi...
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MEMORANDUM OPINION AND ORDER RE MOTION TO COMPEL DEBTORS TO IMPLEMENT PLAN AND FOR SANCTIONS This matter is before the Court on motion of Capital Leasing Underwriters, Inc. (“CLU”) to Compel Debtors to Implement Plan and for Sanctions, Debtors Objection to the Motion of CLU and Debtors Motion to Require CLU to Implement Plan and for Sanctions. The Court conducted hearings on the various motions an...
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OPINION Introduction Presently before the court is plaintiff Gul-seren L. Apaydin’s motion for summary *718 judgment in the above captioned adversary proceeding. The plaintiffs filed the adversary proceeding under the Truth-In-Lending Act, 15 U.S.C. §§ 1601-1667e (“TILA”), and section 506 of the Bankruptcy Code, 11 U.S.C. § 506, with the objective of rescinding t...
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MEMORANDUM OPINION RE FINAL APPLICATION FOR ALLOWANCE OF COMPENSATION AND EXPENSES FOR TRUSTEE’S ATTORNEYS AND TRUSTEE’S ACCOUNTANT/FINANCIAL CONSULTANT, OF APPLICATION FOR ENHANCEMENT OF FEES AND OF APPLICATION FOR ALLOWANCE OF TRUSTEE’S COMMISSION This matter comes before the Court on the application for compensation filed by the case trustee, an objection filed by the U.S. Trustee and ...
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MEMORANDUM OF DECISION Chapter 7 Trustee James C. Larson (“Plaintiff’) filed a complaint against Red-ding Bank of Commerce (“Redding”) alleging a preferential set-off under 11 U.S.C. § 553(b). Thereafter, Redding filed a motion for summary judgment. After a hearing, the court took the matter under submission. For the reasons set forth below, the court will grant the motion for summary jud...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS This is an adversary proceeding brought by Richard D. Sparkman, chapter 7 trustee for York-Hannover Developments, Inc. (“YHDI”), to recover alleged fraudulent transfers totaling $15,405 from the State of Florida Department of Revenue pursuant to 11 U.S.C. § 548 and the North Carolina fraudulent conveyance statutes pursuant to § 544(b). 1 ...
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In this Chapter 11 case, the Debtor owes more than $80,000 to a union-related fund pursuant to three Collective Bargaining Agreements, these sums having accrued pri- or to the filing of the Petition. The Debtor has neither assumed nor rejected the Collective Bargaining Agreements under 11 U.S.C. § 1113. It has instead filed a proposed Plan of Reorganization contemplating an eventual sale of the n...
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This Court today rejects substantial authority to the effect that strip-down of a residential mortgage is always permitted, as a matter of law, as to multi-family dwellings in a Chapter 13 case. This Court believes that the antimodification provision, 11 U.S.C. § 1322(b)(2), may apply in some such instances, depending on the facts of a particular case. This is an adversary proceeding in a ...
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MEMORANDUM OPINION This matter comes before the court upon the Trustee’s Motion to Dismiss and the debtors’ Motion for Discharge Pursuant to 11 U.S.C. § 1328(a). BACKGROUND The debtors filed their petition for relief under Chapter 13, herein, on November 13, 1990. Their Chapter 13 plan dated November 26, 1990 was confirmed by an order entered, herein, on February 20, 1991. The plan provides...
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MEMORANDUM AND ORDER ON COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF DEBT The plaintiff seeks a determination that the default judgment entered by the Connecticut Superior Court in its favor collaterally estops the defendant from raising the same issues decided by that judgment in this court. As such, the plaintiff contends that the debt corresponding to that judgment is *617 ...
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MEMORANDUM OPINION This matter is before the Court on the complaint of Avco Financial Services of Alabama, Inc. (hereinafter “Avco”), seeking a determination that the debt owed by the defendants/debtors, Howard and Regina Alexander (hereinafter the “debtors”), is non-dischargeable pursuant to 11 U.S.C. § 523(a)(6) of the United States Bankruptcy Code (hereinafter the “Code”). The hearing ...
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ORDER SETTING COMPENSATION AND COMPELLING DISGORGEMENT Before the Court is the final fee application of the Chapter 11 Trustee, Joseph B. Garb, who requests total compensation of $555,175 and expenses of $7,934.57 in what has been previously described as “this liquidating and professionally beleaguered Chapter 11 case.” In re Narragansett Clothing Co., 160 B.R. 477, 478 (Bankr.D.R.1.1993). The U...
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MEMORANDUM OF OPINION The Trustee of Ben L. Plechaty, the Debt- or in this involuntary chapter 7 ease, filed this adversary proceeding against B & M Realty Corp. (“B & M”) and D.W.W. & Associates, Inc. (“D.W.W.”) to recover a $195,300 payment to B & M that the Trustee asserts is voidable as a preference under section 547 of the Bankruptcy Code. The Court has jurisdiction pursuant to 28 U.S.C. § 1...
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MEMORANDUM OPINION AND ORDER GRANTING CITIBANK’S MOTION FOR STAY RELIEF Citibank, F.S.B. (“Citibank”) seeks stay relief to effect a setoff against funds in a Citibank bank account of the Debtor, Blackwell & Walker, P.A. (the “Debtor”). The central issue in dispute is whether certain guaranties executed by the Debtor are enforceable thereby establishing a prepetition debt to support the setoff c...
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ORDER ON DEBTOR’S MOTION TO ESTIMATE THE SATTEN CLAIM Well prior to filing bankruptcy, Mr. Keenan (debtor) filed suit in state court against Ms. Satten. She filed a erossclaim, alleging fraud and other causes of action. After an extensive jury trial, the jury returned verdicts in favor of Ms. Satten and against Mr. Keenan. The original verdict totalled over $21,000,000, including $3,000,0...
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MEMORANDUM ON CROSS MOTIONS FOR SUMMARY JUDGMENT The Debtors, Charles William Medlin and Kelly Black Medlin, filed a voluntary Chapter 7 petition in this court on April 11, 1996. The Plaintiff, Chapter 7 Trustee Mary C. Walker, commenced this adversary proceeding on July 15, 1996, with the filing of a Complaint to Avoid Interest (Complaint). On July 25, 1996, the Trustee filed an Amen...
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ORDER GRANTING TRUSTEE’S OBJECTION TO PRIORITY STATUS OF CLAIM NO. 8 OF STATE INSURANCE FUND This contested matter was submitted for decision upon stipulations and briefs. Upon consideration thereof, and of the record herein, this Court, pursuant to F.R.B.P. 7052 and 9014, now finds, concludes, and orders as follows. FINDINGS OF FACT The parties stipulate, and the Court ...
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ORDER DENYING MOTION FOR RELIEF FROM STAY Heard on August 21, 1996, on the Objection of David Rivera, an alleged creditor, to the motion of Peerless Insurance Company for Relief from the Automatic Stay. Peerless argues that it should be allowed to proceed with a declaratory judgment action pending against the Debtor in the Federal District Court for the District of Rhode Island. While Peerless’ ...
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ORDER DENYING MOTION FOR LEAVE TO APPEAL Before the Court is the Motion of Bernard L. Cote for leave to appeal an Interlocutory Order of the Bankruptcy Court for the District of Massachusetts entered on July 8, 1996. By said motion, the Bankruptcy Court granted the Appellee’s request for an order mandating that within 48 hours Cote vacate the premises located at 225 Groton Road, Westford, Massa...
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MEMORANDUM DECISION Thomas A. Martin (“Martin” or Debtor”) filed on October 16, 1995, an adversary proceeding against Michael J. O’Connor, Chapter 7 Trustee (“Trustee”), Key Bank of New York, NA.. (“Key Bank”), Elias Cadan (“Ca-dan”) and John B. Warner II (‘Warner”) (collectively, “Defendants”). Key Bank, the Trustee, Cadan and Warner have all filed motions to dismiss the Complaint pursua...
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ORDER In this Chapter 11 case, the United States Small Business Administration (SBA) and office of the U.S. Trustee filed motions to dismiss or convert this case to Chapter 7 on grounds the Debtors are unable to effectuate a confirmed Plan of Reorganization. The Debtors filed a consent to the motion for dismissal, but not conversion. On the day set for hearing on each motion, January 25, ...
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MEMORANDUM OPINION AND ORDER DIRECTING DEBTOR TO PAY UNITED STATES TRUSTEE’S FEES This matter came before the Court upon the Debtor’s, SeaEscape Cruises, Limited (“SeaEscape”), Ex Parte Emergency Motion For Entry of Final Decree and the United States Trustee’s (“U.S. Trustee”) objections to SeaEseape’s motion. The U.S. Trustee *322 contends that SeaEscape owes ...
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MEMORANDUM Before the court is the Motion for Summary Judgment filed by Community First State Bank f/k/a The Abbott Bank ffkjdj Bank of Hemingford (the “Bank”) concerning the Trustee’s objection to the Bank’s claim. Summary judgment is entered in favor of the Bank. FACTS Prior opinions in this case set forth many of the pertinent facts in this proceeding. See In re Armstrong, 931 F.2d...
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ORDER In this Chapter 12 bankruptcy, after due notice, confirmation hearing was held May 7, 1996, on Debtors Larry Gene Chip Buckingham’s and Sheri Darleen Buckingham’s (“the Debtors”) Amended Chapter 12 Plan (dated May 3, 1996) at Missoula. The Debtors appeared at the hearing in support of the Plan represented by counsel, as did Valley Bank of Hot Springs (‘VBHS”) in opposition. The Chap...
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ORDER This adversary proceeding is before the court on Debtors’ emergency motion for an expedited hearing on the issue of the application of the automatic stay of 11 U.S.C. § 362(a) on the statutory period of redemption provided in 26 U.S.C. § 6337. Hearing was held September 17, 1996 and the decision and reasoning of this court were announced at the conclusion thereof. On or about October 17...
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DECISION ON CROSS-MOTIONS UNDER 11 U.S.C. § 362 Hyo Jin Moon (the “debtor”) has moved by order to show cause for an order pursuant to 11 U.S.C. §§ 105 and 362(a) enforcing the automatic stay. The named respondents are the debtor’s estranged wife Nansook Hong Moon (“Ms. Moon”) and her attorneys Choate, Hall & Stewart. Specifically, the debtor seeks relief from orders (the “contempt ord...
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*402 OPINION A INTRODUCTION The precursor to the instant decision was our Opinion reported as In re Landes, 195 B.R. 855 (“Landes I”). In Landes I, we denied the motion of LOLA LANDES (“the Wife”) and GREGORY LANDES (“the Son,” with the Wife, “the Plaintiffs”), the estranged wife and son, respectively, of FERREL A. LANDES (“the Debtor...
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MEMORANDUM OPINION This matter comes before the Court on cross-motions for summary judgment. The issue is whether a landlord is entitled to set off, as “new value”, delinquent rent accruing subsequent to payments which were preferential. FACTS The debtor leased its business premises from the defendants, who are insiders of the debtor. From at least August, 1987, through June...
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The court has before it cross-motions for summary judgment. The Plaintiff, Chapter 7 Trustee Mary C. Walker, filed a Motion for Summary Judgment on August 13, 1996. The Defendant, Malcolm N. Elam (Defendant), filed a Motion for Summary Judgment on September 3, 1996. The motions and responses are supported by documents and affidavits executed by the Defendant and Steve R. York, an acquaintance o...
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OPINION Weil, Gotshal & Manges (‘WGM”), a law firm, moves for summary judgment dismissing the complaint as against WGM. William A. Brandt, Jr., the chapter 7 trustee (the “Trustee”), bases his complaint upon the 1991 leveraged buyout (the “LBO”) of Healthco International, Inc. (the “Debtor”). He has joined as defendants virtually everyone who had any connection with the LBO. Among the...
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MEMORANDUM OPINION I. FACTUAL BACKGROUNDS These four adversary proceedings all involve the dischargeability of credit card debt incurred by the four Chapter 7 debtors. They are further related by the fact that all four debtors and creditors negotiated a settlement prior to a trial on the merits and asked this Court to render a consent judgment in favor of the creditor. I ...
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OPINION 1 Introduction Before the Court is the two-count Complaint of Mark Choi (“Choi”). Choi seeks to except from discharge the obligations due him from James P. Brown (“Brown”) and Sharon L. Vogan (“Vogan”) (Brown and Vo-gan collectively, “Debtors”). The obligations arose from a motor vehicle accident in which Brown, while driving a 1979 Ford Van owned by Vogan and while under the ...
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MEMORANDUM AND ORDER The matter before the court is confirmation of the Debtors’ second modified Chapter 12 plan filed August 9, 1996. AgriBank, FCB, (AgriBank), the Debtors’ principal secured creditor, filed objections to the plan and additionally has filed a motion to dismiss the case on grounds that there is no reasonable prospect for reorganization. The motion for dismissal came o...
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ORDER THIS CAUSE is before the Court upon the U.S. Trustee’s Motion to Compel Payment of Quarterly Fees, filed on June 10, 1996, and the debtor’s Motion for an Order Closing the Case, filed on July 4, 1996, in which the debtor requests entry of an Order nunc pro tunc. This case, originally closed by the clerk on April 18, 1994, was reopened on November 16, 1995, at the de...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the Joint Stipulation of Facts and briefs filed *522 by the parties. This is a complaint to determine the dischargeability of a debt in the amount of $6,480.39 for the “lying-in” expenses related to the birth of the parties’ minor child. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157(a) and ...
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*35 MEMORANDUM OF DECISION ON MOTION TO COMPEL REAFFIRMATION, REDEMPTION OR SURRENDER I. INTRODUCTION This matter presents an interesting issue of statutory construction, on which there has been a fair difference of judicial opinion, both at the appellate and trial court levels. Distilled to its essence, the question presented asks whether a bankruptcy debtor may retain secured property thr...
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ORDER DENYING MOTION FOR CONTEMPT AND GRANTING MOTION FOR RELIEF FROM STAY THIS CAUSE initially came on to be heard on August 28,1996 upon the Emergency Motion to Enforce Automatic Stay and to Impose Sanctions for Violation of Stay against Jeffrey Fisher and Susan Cummings, filed by Lawrence B. Cummings (“Debtor”). The hearing upon the Debtor’s Emergency Motion was continued until September 1...
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RULING AND ORDER ON REQUEST FOR PAYMENT I. ISSUE On May 3, 1996, Martin W. Hoffman, (“Trustee”) Trustee of the Chapter 7 case of *610 Melvyn M. Tishler (“Melvyn”) and Susan E. Tishler, (together the “Debtors”), filed a motion, pursuant to Fed.R.Bankr.P. 9024, “to reopen” the Trustee’s Final Report and Accounting (the “Accounting”) in order to secure a determination of the validity of ...
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OPINION Kevin W. Emerick (KEVIN) and Sherry Ann Emerick (SHERRY) are husband and wife. In 1992 and 1993 they farmed as two different legal entities. As individuals they farmed under the name Kevin Emerick Farms or Emerick Farms. They also farmed through Simon Kenton Farms, Inc. (SIMON KENTON) of which SHERRY is the sole shareholder. In April of 1993, Kevin W. Emerick Farms, Inc...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the Complaint by the United States Trustee for injunction and sanctions pursuant to 11 U.S.C. § 110 against Thomas Womack, a bankruptcy petition preparer. This adversary proceeding was filed on April 26,1996, pursuant to section 110 of the Bankruptcy Code requesting imposition of sanctions and an injuncti...
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MEMORANDUM OF DECISION Chapter 13 Debtor Lance Ross Pyle objects to the claim of Creditor William Neuf-fer alleging that, pursuant to 11 U.S.C. § 502(b)(9) and Bankruptcy Rule 3002(c), Neuffer failed to timely file a proof of claim. Neuffer contends he filed timely and thus the claim is allowable. After a hearing, the matter was taken under submission. For the reasons set forth below, the...
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MEMORANDUM-DECISION AND ORDER These matters are before the court by way of objections filed by certain creditors to confirmation of the Second Amended Chapter 12 plan of Alvin Charles Wilcox and Helen Jean Wilcox (the “Debtors”). The court has core subject matter jurisdiction *336 over this matter pursuant to 28 U.S.C. § 157(b)(2)(L). FACTS On September 8, 1995 Debtors filed their joint v...
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ORDER This matter came before the court after due and proper notice on September 19, 1996, on Massachusetts Mutual Life Insurance Company’s Motion for Determination of Allowed Amount of Senior Secured Debt as of Debtor’s Refinancing and the Objections to said Motion filed by Dr. and Mrs. John French and Carr Mill Mall Limited Partnership. Douglas R. Ghidina appeared as counsel for Massach...
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MEMORANDUM OPINION Currently before the Court is a dispute between the United States Trustee and the debtor, McLean Square Associates, G.P., as to the interpretation of 28 U.S.C. § 1930(a)(6), as amended by § 211 of the Balanced Budget Downpayment Act, I, Pub.L. No. 104-99, 110 Stat. 26, 37-38 (1996) (the “amendment”). This matter arises before the Court on the debtor’s objection to t...
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OPINION ON AUTHORITY OF OFFICIAL COMMITTEE OF CREDITORS TO ENGAGE IN LOBBYING INTRODUCTION The Court previously signed an Order, dated September 21, 1995, authorizing the Official Committee of Tort Claimants (“TCC”) to retain a number of different law firms, including Vemor, Liipfert, Bernhard, McPherson & Hand, Chartered (“V & L”), to represent it in this bankruptcy proceeding. ...
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MEMORANDUM OPINION A. Fact Environment 1 Often a consequence of the ending of a marriage is financial difficulty for former spouses. This is just such a ease. The marriage of Stephanie Leigh Stone (Mrs. Stone) and Mark Alan Stone (Mr. Stone) was dissolved by order of the Judicial Circuit Court of Jefferson County, Alabama entered on January 10, 1995 (Divorce Decree...
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MEMORANDUM OPINION Debtor Spirco, Inc. has moved for an order enforcing the provision of its confirmed plan of reorganization which prohibits respondent Wayne Copelin from continuing his efforts in another forum to collect from Innovo Group, Inc. on a pre-petition debt owed by debtor and guaranteed by Innovo. It also requests that we hold Copelin in contempt of court and impose an appropriate...
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MEMORANDUM OPINION AND ORDER 1 I Statement of Proceedings This Chapter 7 case came before the Court on May 29, 1996 for a final evidentiary hearing on the Motion with Supporting Brief filed on May 8, 1995 by the United States of America on behalf of its Agency, the Internal Revenue Service (hereinafter: “IRS”). The Motion of the IRS requests a determinatio...
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These two otherwise unrelated adversary proceedings present an identical legal question, and have been consolidated here only for purposes of this decision. The Court today holds that undercharge claims on intrastate shipments that occurred before Congressional nullification of state regulations of that field, did not survive. In the Chapter 7 case of B.C.B. Dispatch, this matter comes before the ...
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DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the court upon the defendant’s motion for summary judgment. The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(I) — determinations as to the dis-chargeability of particular ...
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DECISION DETERMINING ADVERSARY PROCEEDING This is a proceeding to determine the dis-chargeability of an indebtedness pursuant to 11 U.S.C. § 523(a). The Court has jurisdic *364 tion under 28 U.S.C. §§ 1334 and 157. This is a core proceeding under 28 U.S.C. § 157(b). The following constitute the Court’s findings of fact and conclusions of law pursuant to Rule 52 of the Federal...
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*705 MEMORANDUM DECISION ON DEBTORS’ MOTION FOR A PROTECTIVE ORDER Barney’s Inc., Preen Realty, Inc. (“Preen”) and several affiliates (collectively, the “debtors”) are debtors in possession in this court. They have received a preliminary investment proposal (the “Preliminary Proposal Letter”) from an entity (“Potential Investor”) whose identity is known to them, their profess...
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DECISION DENYING PARENT-DEBTOR’S MOTION FOR A DETERMINATION DECLARING EDUCATIONAL LOANS TO BE DISCHARGEABLE In this adversary proceeding pursuant to Bankruptcy Rule 7001(6), Gerald and Susan Karben (the “Debtors”) seek a determination that their obligations as co-signors on certain educational loans to their children are dis-chargeable, notwithstanding the exception to 11 U.S.C. § 727 set...
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MEMORANDUM OPINION Before the Court is the Complaint to Determine Dischargeability of Student Loan Pursuant to Section 523(a)(8)(B) (“Complaint”) of PlaintiffTDebtor, Dorinda Hoyle (“Debtor”). Defendant, Pennsylvania Higher Education Assistance Agency (“PHEAA”) filed an answer (“Answer”) to the Complaint and trial of this matter was held. For. the reasons set forth herein, we find in ...
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MEMORANDUM OPINION FACTS Rudy Bossert (Debtor) filed a petition for relief under Chapter 12 of the Bankruptcy Code on January 21, 1988. The Debtor proposed a plan which was confirmed on December 14, 1988. The Debtor successfully completed this plan and a discharge was entered June 14, 1994. Pursuant to the plan, the Internal Revenue Service (IRS) received payments sufficient to pay the Debtor...
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OPINION A INTRODUCTION On July 31, 1996, the Court of Appeals, in an Opinion reported as In re Lilley, 91 F.3d 491 (3d Cir.1996) (“Lilley IV”), reversed the decision of the district court which would have required this court to grant the motion (“the Motion”) of the Internal Revenue Service (“the IRS”) seeking to dismiss the instant Chapter 13 case of ER...
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OPINION A INTRODUCTION The instant proceeding represents our first encounter with 11 U.S.C. § 523(a)(2)(C) since our decision almost ten years ago in In re Woods, 66 B.R. 984 (Bankr.E.D.Pa.1986) {“Woods I”). In Woods I we held that § 523(a)(2)(C) did not apply to the facts at bar. Id. at 989-91. Here, § 523(a)(2)(C) does apply a...
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MEMORANDUM OPINION ON OBJECTION TO CLAIM THIS MATTER is before the Court on the Chapter 7 Trustee’s (the “Trustee”) objection to claim number 4 filed by Your Campus Federal Credit Union (the “Credit Union”). A hearing was held on September 5, 1996. Based on the record and the undisputed facts, the following findings of fact and conclusions of law are entered pursuant to Bankruptcy Rule 7052. ...
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MEMORANDUM DECISION On September 26, 1996, this Court approved the Heffernan Memorial Hospital District’s (the “District”) Chapter 9 plan of reorganization (the “Plan”). The Court found, inter alia, that certain sales tax revenues (the “Sales Tax Revenues”) realized by the District and transferred, assigned and pledged by the District pursuant to its Plan to the Calexico Special Financing Authori...
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MEMORANDUM OPINION THIS CAUSE came on for hearing on confirmation of the debtor’s second amended chapter 13 plan. The chapter 13 trustee and the City of Gainesville, a judgment creditor, object to confirmation of the plan on the grounds that the plan was not proposed in good faith as required by 11 U.S.C. §■ 1325(a)(3), and the plan does not satisfy the disposable income test of 11 U.S.C. § 132...
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DECISION AND ORDER AWARDING SECURITY PAYMENTS ON PERSONAL PROPERTY TRANSACTIONS This court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, and the standing order of reference entered in this district. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) & (O). PROCEDURAL HISTORY This matter is before the court upon Star Bank, N.A.’s Motion for ...
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MEMORANDUM This case is before the court on the objection by Jefferson Federal Savings and Loan Association (“Jefferson Federal”) to confirmation of debtors’ proposed chapter 13 plan. At issue is whether certain real property owned and conveyed in trust by Margaret Lemka as security for a promissory note executed by her and the debtors, Eddie and Melanie Lemka, in favor of Jefferson F...
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MEMORANDUM OPINION This opinion is issued in response to, and subsequent to the hearing on August 13,1996 regarding, the motion of the U.S. Trustee requesting that respondent’s Chapter 7 ease be dismissed pursuant to 11 U.S.C. § 707(b). The U.S. Trustee asserts that dismissal is appropriate in this case because respondent’s debts are primarily consumer debts and a discharge would constitute a...
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OPINION The Debtor, Janice M. Edry, brings this complaint requesting a decree declaring that the foreclosure on her home was improperly conducted and hence is void under Massachusetts law. Resolution of the controversy involves principles of diligence and good faith enunciated by the Supreme Judicial Court of Massachusetts. At the completion of trial, I ruled in the Debtor’s favor. Se...
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MEMORANDUM OPINION ON CONFIRMATION OF DEBTORS’ CHAPTER 11 PLAN THIS MATTER came on for hearing on confirmation of the Debtors’ Chapter 11 Plan of Reorganization in these procedurally but not substantively consolidated cases. The Internal Revenue Service (“IRS”) has objected to provisions in the corporate debtors’ plan directing that payments to the IRS be applied first to trust fund taxes for w...
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MEMORANDUM OF OPINION ON MORTGAGE PAYMENTS John Wesley Ronemus and Pamela Jean Ronemus (Debtors) who were the Debtors in a Chapter 13 ease, No. 190-10365, filed this adversary proceeding. The confirmed Chapter 13 plan called for two delinquent home mortgage payments owing to FTB Mortgage Services (FTB)1 to be paid through the plan with distributions by the Chapter 13 Trustee. Later it was discove...
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ORDER ON DEBTORS’ MOTION FOR SUMMARY JUDGMENT — CONCOR-DIA COLLEGE ASBESTOS PROPERTY DAMAGE CLAIMS Concordia College filed a proof of claim with respect to asbestos property damage claims in the above-identified bankruptcy case. Concordia College is subject to the laws of the State of Minnesota. Debtor filed an objection to the claim. Debtor has filed a motion for summary judgment with respect to...
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DECISION AND ORDER Before the court is a case originally filed as a Chapter 11 case, but subsequently converted to Chapter 7 on September 27, 1995. Prior to the conversion and on approval by the court, debtor sold certain equipment. From the proceeds of sale, distribution was made to Society Equipment Leasing Corporation (“SELCO”) in order to clear the interest of SELCO in the equipment. ...
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MEMORANDUM DECISION AND FINAL ORDER This matter came on regularly for hearing before Gregg W. Zive, U.S. Bankruptcy Judge, upon an objection by Guy and Marlene Priest (“Priest”) to the United States of America and Internal Revenue Service’s (“IRS”) proof of claim. Statement of the Case This is a contested matter consisting of Priests’ objection to the proof of claim filed by the IRS for tax pena...
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DECISION ON BANK’S CLAIMED SECURED STATUS Banque Indosuez (“the Bank”) moves pursuant to section 362(d)(2) of the Bankruptcy Code for relief from the automatic stay to permit it to sell the interest of Eftim Pandeff, the debtor, in a cooperative apartment. It is undisputed that the amount of the Bank’s amended state court judgment exceeds the value of the property. And although this parti...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the “Objection to Debtors’ 2nd Amended Chapter 13 Plan by Secured Creditor East Cambridge Savings Bank.” The Interim Chapter 13 Trustee (the “Chapter 13 Trustee”) filed a Response to the Objection filed by the East Cambridge Savings Bank (the “Bank”). The Court heard the Objection and the Response on January 29, 1996. At the c...
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MEMORANDUM OPINION INTRODUCTION In this Chapter 7 case, Beneficial National Bank (“Beneficial”) commenced this adversary proceeding alleging that the debtor, Everett P. Priestley (“Priestley”), obtained an acquisition and construction loan based on false representations, and thus requests that Priestley’s debt be deemed nondisehargeable pursuant to 11 U.S.C. § 523(a)(2)(B) 1 ...
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MEMORANDUM OPINION Debtor has brought the above adversary action pursuant to 11 U.S.C. § 506 seeking, among other things, a determination that the claim of defendant American Insurance Company (hereinafter “American”) is unsecured in its entirety; that its judicial lien is void in its entirety; and that American may share in the net proceeds realized from the sale of real property sub...
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MEMORANDUM OPINION The issue before the Court is whether the debtors in this case can claim an exemption under 11 U.S.C. § 522(d)(10)(E) for a Lincoln National Insurance Company retirement annuity. The trustee objects to the $35,000 exemption taken by the debtors for the annuity. The debtors contend that the exemption is allowable under 11 U.S.C. § 522(d)(10)(E). On September 4, 1996,...
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ORDER ON APPLICATION OF ATTORNEY TO TRUSTEE FOR COMPENSATION This matter is before the Court on the United States Trustee’s Objection to the application of Arnold S. White for compensation for legal services performed for the trustee in bankruptcy. Mr. White is also the trustee in this ease. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157(a) and the General Order of Refe...
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ORDER ON APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES BY ATTORNEYS FOR DEBTOR After notice by mail to creditors and other parties in interest on June 25, 1996, in the above-styled case, there came before the Court an application by Lawrence T. King, Esquire, and Max C. Pope, Jr., Esquire (referred to hereinafter as “the applicants”), counsel for the debtor, ...
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OPINION AND ORDER DISMISSING TRUSTEE’S MOTION TO SELL CERTAIN PROPERTY OF THE DEBTOR FREE AND CLEAR OF LIENS WITHOUT PREJUDICE This matter is before the Court on Trustee Brace C. French’s (“Trustee”) motion for authority to seU property of Debtor Evelyn L. Burd (“Debtor”) at 110 South Cherry Street, Celina, Ohio (the “Property”) free and clear of hens pursuant to 11 U.S.C. § 363(f). The T...
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ORDER Currently before the Court in this proceeding is a “Motion for Reconsideration of Order” by Condor One, Inc. (hereinafter “Condor” or “the Creditor”). Brought pursuant to Federal Rule of Civil Procedure 59(e) and Bankruptcy Rule 9023, this motion seeks reconsideration of an Order dated September 6,1996, wherein the Court disallowed Condor’s claim against the estate of Homestead ...
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OPINION Before the Court is the Motion of debtor the McGreals (the “Debtor”) for an Order declaring that the Debtor’s properties do not constitute “single asset real estate” within the meaning of §§ 101(51B) and 362(d)(3) of the United States Bankruptcy Cqde (“Code”), 11 U.S.C. §§ 101-1330, or in the alternative, an Order extending the time period set forth in Code § 362(d)(3) within which a ...
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MEMORANDUM DECISION By prior separate Order, the Court held that the Musicians’ motion to resolve the *980 disputed election of a permanent Chapter 7 trustee in this case was timely filed. The Court also ruled that the 1991 amendment to Rule 2003(b), expressly deleting the provision authorizing a court to temporarily allow claims for purposes of voting in such an election, deprived the Court ...
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OPINION The issue before the Court is whether the Debtor, who was the beneficiary of her husband’s life insurance policy, may exempt the proceeds of the life insurance policy pursuant to Indiana Code Section 27-l-12-14(c). The Debtor, Cheryl Harmon Bannourah, is 38 years old. She has a 4]é year old son, Michael. The Debtor’s husband, who died in November 1993, named the Debtor as the benefi...
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OPINION A. INTRODUCTION The instant proceeding (“the Proceeding”) represents a unique and ingenious effort by MARK S. FINEBERG (“the Debtor”) to transform the seemingly worthless remains of LA JOLLA ACQUISITIONS II (“the Partnership”), an unsuccessful realty partnership of which the Debtor was an “organizing partner” and its accountant, into a significant monetary recovery fr...
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MEMORANDUM OPINION THIS MATTER came on for trial on plaintiff, Daniel M. Dennehy’s (Dennehy) complaint seeking to discharge certain student loan obligations pursuant to the provisions of 11 U.S.C. § 523(a)(8). Originally named as defendants were Rush University and with regard to a Stafford Loan and a Health Education Assistance (HEAL) Loan the Student Loan Marketing Association (Sallie Mae)....
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DECISION & ORDER BACKGROUND On January 26, 1993, three “Supplier” creditors of the debtor, Interco Systems, Inc. (“Interco”), filed an involuntary Chapter 7 petition alleging that Interco was not paying its debts as they became due. Interco inter *190 posed an answer, claiming that the indebtedness alleged by each of the petitioning creditors was in dispute, and requeste...
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MEMORANDUM OPINION AND ORDER This matter came before the Court for oral arguments on October 24, 1996, on the Motion of the Chapter 13 Trustee (“Trustee”), Lydia S. Meyer, for Entry of Order Determining Whether Interest Should be Paid on Unsecured Claim. FACTS The Debtor filed for relief under Chapter 13 of the Bankruptcy Code (“Code”) on October 20, 1995. The Debtor’s Chapter 13 plan proposes...
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OPINION ON RELIEF FROM STAY MOTION REQUESTING IN REM RELIEF I. Introduction In addition to relief from the automatic stay, in this motion secured creditor Great Western Bank (“Great Western”) requests that the order be made binding on co-owners and transferees of the property at issue for 180 days, so that no further automatic stay will impede Great Western’s foreclosure, pursuant to...
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OPINION Raymond V. Lund and Madelene A. Lund (“Debtors”) are chapter 7 debtors. David Kuan (“Kuan”) is a creditor and former landlord of the Debtors. Kuan, appearing pro se, brought an action to have the Debtors’ liability for back rent determined to be nondis-chargeable. After the close of Kuan’s case at trial, the bankruptcy court granted a directed verdict for the Debtors. Kuan app...
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ORDER DENYING IN PART, AND GRANTING IN PART, MOTION TO DISMISS THIS CAUSE is before the Court upon the defendants’ “Motion to Dismiss Objection *963 to Discharge, Motion to Dismiss Amended Complaint, and Motion to Dismiss Complaint, or, in the alternative, Motion to Dismiss Defendant Glenna C. Jagitsch from this Adversary Proceeding and Motion to Dismiss Certain allegations for Failure to S...
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ORDER OF DISMISSAL THIS CAUSE is before the Court upon the Motion to Dismiss or Convert Chapter 11 Case filed by the U.S. Trustee. This Chapter 11 case was filed on June 28, 1996, and the U.S. Trustee’s motion to dismiss filed only one month thereafter, on July 29, 1996. The Bankruptcy Code provides for dismissal of a Chapter 11 case for cause and provides a list of items which include, but do n...
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MEMORANDUM OPINION AND ORDER ON UNITED STATES TRUSTEE’S “MOTION TO DISMISS . . .” RE APPLICATION OF 11 U.S.C. § 707(b) This contested matter under 11 U.S.C. § 707(b) was tried to the Court and taken *997 under advisement. Upon consideration of evidence received, and of the record in this case and in the related Case No. 95-01081-W In re Patricia Ann Hill whereof judicial notice is taken, th...
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OPINION I Because there was no equity in the debtors’ property, the bankruptcy court denied the debtors’ motion to avoid a lien under 11 U.S.C. § 522(f). The debtors appeal. We REVERSE. II FACTS Joe Robert Higgins, Sr. and Sherrie Reene Higgins (“Debtors”) filed a Chapter 7 petition on June 20, 1995. The schedules attached to the petition indicated that the Debtors owned real property...
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MEMORANDUM DECISION Patrick L. McCrary, as trustee for the Patrick L. McCrary Money Purchase Plan (“Plaintiff’), commenced this adversary proceeding to have its claim excepted from discharge. Stephen A. and Elizabeth A. Barrack, debtors and defendants herein (“Debtors”) move this Court for an order dismissing the Plaintiffs second amended complaint for failure to state a claim upon which ...
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ORDER DENYING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FOR LACK OF JUSTICI-ABILITY THIS CAUSE is before the Court upon a “Notice of Appeal, Belated Appeal and Designation of Record” and a “Petition for Leave to Proceed Informa [sic] Pauper-is,” filed by the defendant Thomas Womack, Jr., on September 27, 1996. On September 19,1996, this Court issued its findings of fact and conclusions of ...
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*960 ORDER THIS CAUSE is before the Court upon the Joint Stipulation of Facts and Issues filed by the debtors and the United States of America. The debtors owe over $100,000 in federal income taxes. In collection of this debt, on October 3, 1995, the Internal Revenue Service (“IRS”) served a Notice of Levy on Boatmen’s National Bank of Pine Bluff. On October 25, 1995, the bank delivered $...
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OPINION Before the Court is Count II of Plaintiff’s Complaint, which seeks a determination that Debtor’s obligation to Plaintiff under the terms of a Supplemental Judgment for Dissolution of Marriage is nondischargeable pursuant to § 523(a)(15) of the Bankruptcy Code. Count I of Plaintiff’s Complaint, which sought a denial of Debtor’s discharge pursuant to § 727 of the Bankruptcy Code, was wi...
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MEMORANDUM OF DECISION ON APPLICATIONS FOR FEES AND REIMBURSEMENT OF EXPENSES BY FORMER CHAPTER 7 TRUSTEE AND COUNSEL Before this Court are applications1 for final allowance of compensation and reimbursement of expenses by Former Trustee of Debtors and Former Trustee’s bankruptcy counsel, P & M. Former Trustee seeks the sum of $8,575.00 for fees and $57.92 for reimbursement of expenses for the pe...
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MEMORANDUM OF OPINION ON DIS-CHARGEABILITY OF CREDIT CARD INDEBTEDNESS Bank One Columbus, N.A. (Bank) seeks to have its claim of $3,249.95 against Randa Gay McDaniel (Debtor) declared nondischargeable under § 523(a)(2)(A) of the Bankruptcy Code. 1 Finding that the Bank engaged in commercial entrapment, the court denies the Bank’s request and discharges the indebtedness. 2...
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MEMORANDUM OPINION At Orlando, in said District on the 7th day of May, 1996, before Arthur B. Briskman, Bankruptcy Judge. This matter came before the Court on the United States of America’s Motion to Dismiss. (Doc. 61). Appearing before the Court were Robert Pflueger, attorney for the Debtor, Wayne Michael Bennett; I. Randall Gold, attorney for the United States of America; and Richard Palm...
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MEMORANDUM OPINION This matter came before the Court on the Trustee’s Motion to Dismiss Case for Debt- or’s Failure to Comply with the Requirements of the Order Establishing Duties of Trustee and Debtor, and Confirmation Procedures, Ordering Debtor’s Compliance, Allowing Administrative Expenses and Ordering Adequate Protection Payments (Doc. 33). Appearing before the Court were Debtor, Richard H...
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OPINION This matter is presently before the Court on Debtor’s Motion to Dismiss Plaintiffs two-count adversary Complaint filed herein on May 20, 1996. A hearing was held on August 16, 1996, at which time portions of the Motion to Dismiss relating to compliance with pleading requirements set forth in the Federal Rules of Bankruptcy Procedure were ruled upon. Two issues were taken under...
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*416 MEMORANDUM OPINION This matter came before the Court on the Debtors’ Motion for Sanctions against The Associates Financial Services of Florida, Inc. (Doe. 11).' Appearing before the Court were Debtor, Nancy Bettina Miller; and Robert Branson, counsel for the Debtors, Daniel Blake Miller and Nancy Bettina Miller. FINDINGS OF FACT Daniel Blake Miller and Nancy Bettina Miller (“Debt...
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MEMORANDUM OPINION This matter came before the Court on a Motion for Summary Judgment by Plaintiff, David M. Landis, PA (Doc. 9). Appearing before the Court were Robert H. Pflueger, attorney for the Debtor, Marcia Lynn Britt (“Britt”); and David M. Landis, attorney for David M. Landis, P.A. (“Landis”). After reviewing the motion for summary judgment, the response in opposition, argume...
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OPINION A INTRODUCTION The instant adversary proceeding (“the Proceeding”) requires this court to determine whether the debtor and plaintiff, BRENDA A. COLE (“the Debtor”), is entitled to a discharge under 11 U.S.C. § 1328(a) and, if so, what the amount of her post-discharge obligation will be to her residential mortgagee, defendant CENLAR FEDERAL SAVINGS BANK (“Cenlar”). In ...
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ORDER On August 20, 1996, this matter came on for trial in the captioned adversary case and for final hearing on Motion for Relief from Stay filed in the captioned bankruptcy case. Attorney Francis Wm. Henkels represented Defendant Bernice Johnson. Attorney Joseph A. Peiffer represented Trustee Carol Dunbar and Debtors Robert and Lourdes Grady (collectively referred to as “Trustee”). After th...
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MEMORANDUM The Chapter 11 Trustee, Michael H. Fitzpatrick, commenced this adversary proceeding on February 12, 1996, seeking to avoid and recover five allegedly preferential utility payments made by the Debtor to the Defendant, Rockwood Water, Wastewater, and Natural Gas Systems, totaling $439,436.23. The Trustee’s action is grounded on 11 U.S.C.A. §§ 547(b) and 550(a)(1) (West 1993)....
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MEMORANDUM DECISION GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY Deborah Cole (the “Movant”) seeks relief from the automatic stay — to the extent necessary — to continue her state court divorce and equitable distribution proceeding against the debtor and to collect prepetition and postpetition unpaid maintenance and child support (collectively “support”) from the debtor’s exempt and...
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MEMORANDUM OPINION Pennsylvania Capital Bank (hereinafter “Capital”), intervenor in the above-captioned adversary actions, requests a determination that summary judgment entered in favor of Dollar Bank (hereinafter “Dollar”) and against debtor and other parties by the Court of Common Pleas of Lawrence County, Pennsylvania, violated the automatic stay and therefore is void. In the alternative,...
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DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT At the heart of this debtor’s summary judgment motion lies an irrevocable offshore trust into which he placed virtually all of his assets at a time when he knew that his personal guarantee of his corporation’s indebtedness was about to be called. The debtor, Larry Portnoy, claims not only that his assets have been successfully insulate...
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MEMORANDUM DECISION AND ORDER There are two issues in this case. First, should interest sought by a claimant be allowed on administrative trade and tax claims incurred by a debtor in possession during a chapter 11 case? Second, if allowed, should the interest claims be paid at the same priority as the underlying claims after the chapter 11 case is converted to a case under chapter 7? This...
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*2 MEMORANDUM OF DECISION Before the Court for determination is a Complaint filed by Charles and Phyllis Nor-cross (individually “Mr.” or “Ms. Noreross” or jointly the “Plaintiffs”) in which they seek a determination that the debt owed them by Charles Ransford, Jr. (“Ransford, Jr.”) and his wife Debra Ransford (jointly the “Debtors” or the “Defendants”) be declared non-discha...
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OPINION The facts of what occurred are basically not disputed and are set forth in previous opinions of this Court. 1 Kevin Martin was a director, shareholder and president of Os-trom-Martin, Inc. (OMI), a grain company with several facilities in neighboring communities. Kevin Martin and other members of his extended family, were involved in several related entities. The relate...
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DECISION ON SETTING ASIDE FRAUDULENT TRANSFERS AND PIERCING THE CORPORATE VEIL The Debtor filed a Chapter 7 petition on December 16, 1993 (the “Petition Date”). Marilyn Frier was appointed as the interim trustee in the Chapter 7 case, and at the meeting of creditors held March 29, 1994 she duly qualified as the permanent trustee. The trustee chose not to pursue this adversary proceeding h...
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MEMORANDUM — DECISION AND ORDER This matter is before the Court on the motion filed by the defendant, American Express Travel Related Services Company, Inc. (“American Express”), to dismiss the Chapter 7 Trustee’s (“Trustee”) complaint for improper venue pursuant to 28 U.S.C. § 1409(b). The Trustee’s complaint seeks to avoid a preferential transfer to American Express under 11 U.S.C. § 547(b). Am...
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MEMORANDUM DECISION ON REMAND TO DETERMINE THE APPLICATION OF DEDUCTIBLES TO ASBESTOSIS CLAIMS The instant controversy requires the Court to determine the number of deductibles the defendant insurance company may apply before indemnifying its insured for the thousands of claims filed as a result of claimants’ exposure to asbestos while working aboard the insured’s marine vessels. The ...
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MEMORANDUM OPINION DISMISSING PLAINTIFFS’ FIRST AMENDED COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF A DEBT The nondischargeability claims presented arise in a ease referred to this Court by the Standing Order of Reference entered in this District on July 24, 1984; this is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). Accordingly, the bankruptcy court is authoriz...
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MEMORANDUM Hearing was held on Motion to Dismiss filed by the defendants. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7052 and Fed. R.Civ.P. 52. Background The present adversary proceeding was initiated by the defendant, Douglas E. Quinn, and joined by another defendant, Eugene E. Pieper, in the form of a Petition for Removal, to...
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MEMORANDUM DECISION AUTHORIZING SALE A hearing on the debtor’s Application for Sale of Real Property came on regularly for hearing on the 12th day of August, 1996. After consideration of the arguments, the administrative file, the pleadings surrounding this controversy, and applicable law, the Court finds, concludes and rules as follows: FINDINGS OF FACT 1. The debtor filed chapter 11 pro...
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ORDER IMPOSING SANCTIONS AGAINST PIERRE FRAPPIER PURSUANT TO 11 U.S.C. § 110(c)(1) THIS CAUSE came on to be heard on October 29, 1996 upon this Court’s Order to Show Cause why Pierre Frappier should not be Sanctioned for Failure to Comply with 11 U.S.C. § 110(c)(1). Pierre Frappier, the petition preparer against whom the Order to Show Cause was directed, appeared at the hearing, as did the De...
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MEMORANDUM DENYING MOTION FOR PAYMENT OF PERSONAL PROPERTY TAXES AS AN ADMINISTRATIVE EXPENSE I. Statement of Issues. Before the court is the motion of Howard County, Maryland for payment of personal property taxes as an administrative expense. The Chapter 7 Trustee opposed this motion because the personal property, namely, inventory, furniture and equipment, had been sold by...
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MEMORANDUM This case comes before the Court on the Motion of Stephen M. George, attorney for Debtors, for Approval of Attorney’s Fee as Administrative Expense. According to the bankruptcy petition and Mr. George’s Motion, the Debtors agreed to pay Mr. George a total fee of $600 for services rendered in this Chapter 7 case. In addition, Mr. George advanced the filing fee of $160. Presumably the D...
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MEMORANDUM OF DECISION AND ORDER ON MOTION TO OPEN JUDGMENT BY DEFAULT I. ISSUE The court, in this core adversary proceeding originally commenced solely by Suroviak Electric, Inc. (“Suroviak”) on June 3, 1996, entered a judgment by default which revoked the Chapter 7 discharges of Norman E. Sylvia, Jr. (“Norman”) and Alison Sylvia (together, “the Debtors”). The Debtors, appearing pro se on Ju...
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MEMORANDUM OPINION This adversary proceeding presents the issue of whether a chapter 7 trustee can have a debtor’s discharge revoked pursuant to sections 727(d)(3) and 727(a)(6)(A) of the Bankruptcy Code, on the basis that the debtor failed to obey a lawful order of the Court, in that the Court issued an Order to file schedules and the debtor did not timely comply. Although the debtor...
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OPINION In the matter before the court the debtor filed for Chapter 13 relief after a foreclosure sale was conducted, but before the expiration of her right of redemption and before delivery of the deed. The debtor desires to cure payment defaults and to reinstate her mortgage. The secured creditor has moved for relief from the automatic stay on the basis that under 11 U.S.C. § 1322(c...
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MEMORANDUM OPINION The issue in this ease is whether a lawyer for a Chapter 7 debtor may be paid for postpetition legal services from a retainer that the lawyer obtained from the debtor before the bankruptcy petition was filed, in light of the 1994 amendment to 11 U.S.C. § 330, which deleted debtor’s counsel from the list of entities that may be awarded compensation. ■ For the reasons dis...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on September 24, 25, and 26, 1996, on the secured claim of Tommyknocker Casino Corp. (“TKCC”). On March 12, 1996, this Court ordered that the Debtor could proceed with a proposed financing plan whereby it obtained a new $5.0 million loan secured by a first lien on certain property in Blackhawk, Colorado, which property has been ...
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TABLE OF CONTENTS FOR MEMORANDUM OPINION I.JURISDICTION AND PROCEDURE.436 II.APPLICABLE STANDARDS .437 A. Burden of Proof for a Contested Proof of Claim .437 B. Summary Judgment Under Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 .437 C. Summary Judgment Implemented by Local Bankruptcy Rule 402.438 III. UNDISPUTED FACTS AND BACKGR...
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MEMORANDUM DECISION AND ORDER This matter came on regularly for a hearing before Gregg W. Zive, U.S. Bankruptcy Judge, on remand from an order entered August 19, 1994, by U.S. District Court Judge Edward C. Reed (“Remand Order”). The Remand Order vacated the bankruptcy court’s order of July 21, 1993 (“Exclusion Order”) regarding the exclusion of the Fred Lowenschuss Associates Attorney at...
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Waterman brought this adversary proceeding 1 seeking injunctive and declaratory relief against asbestos-related claims filed by seamen formerly employed by it on one or more voyages of its merchant ships. Waterman contends that the claims were discharged in its 1983 bankruptcy or, alternatively, that MALC’s failure to produce evidence within its control warrants a finding that Claima...
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ORDER GRANTING MOTION TO REMAND AND MOTION FOR ABSTENTION This matter came before the Court upon the Debtors’ joint motion to remand and motion for abstention. This Court has jurisdiction to hear the motions to remand and for abstention pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. The motions to remand are a core proceeding pursuant to 28 U.S...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Came before the Court for consideration on the 18th day of June 1996, the Motion to Dismiss (“Motion”) filed by the United States of America on behalf of the Internal Revenue Service (“Internal Revenue Service” or “IRS”). Also, scheduled at the same time was a hearing on Debtors’ Motion For (Partial) Summary Judgment in Adversary Proceeding No. 396-3007...
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ORDER RE: POST-CONFIRMATION QUARTERLY FEES This matter is before the Court on the Debtors’ Motion for Entry of Final Decree Closing Case (Doc. 182), the United States Trustee’s Response (Doe. 183), and the Debtors’ Reply (Doc. 185). A hearing was held on September 18,1996. Prior to January 26, 1996, 28 U.S.C. § 1930(a)(6) required Chapter 11 debtors to pay quarterly fees to the Unite...
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ORDER DENYING DEBTORS’ MOTION FOR POST-CONFIRMATION MODIFICATION This Chapter 13 case came on before the Court on November 5, 1996, for continued hearing on the Trustee’s motion for dismissal and on the Debtors’ motion for post-confirmation modification. The standing trustee appeared by his attorney, Stephen J. Creas-ey. The Debtors appeared personally and by their attorney, Darrel A. Bas...
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RULING ON MOTION FOR RECONSIDERATION OF CLAIM I. On February 4, 1991, Union Trust Company (“Union Trust”) filed a general, unsecured *186 proof of claim against Colonial Realty Company (“Colonial” or “Debtor”) in the amount of $3,051,233.72, designated by the clerk of the court as Claim No. 141 (“Claim No. 141”). Claim No. 141 stated that the consideration of the deb...
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*596 ORDER This cause is before the Court on the Trustee’s objection to certain exemptions, including an earned income credit, claimed by Debtors and on the response of Debtors to that objection. For the reasons set forth hereinafter, the Trustee’s objection is sustained. Debtors filed their petition for relief under Chapter 7 of Title 11, United States Code, on February 26,...
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MEMORANDUM-OPINION, FINDINGS, & ORDER I. INTRODUCTION Before the Court is an Application of Lotus Properties LP (a debtor with very limited cash reserves) for Authorization to Employ the Law Offices of Todd C. Ringstad as general insolvency counsel and the United States Trustee’s Objection thereto. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) over which the C...
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MEMORANDUM DECISION REGARDING JAMESWAY’S REQUEST FOR ORDER DECLARING LEASE ASSIGNMENT RESTRICTIONS UNENFORCEABLE Pursuant to § 365(a) of the Bankruptcy Code, we authorized Jamesway Corporation, as chapter 11 debtor-in-possession (“James-way” or the “debtor”), to assume and assign three leases of non-residential real property (the “Leases”) with Massachusetts Mutual Life Insurance Comp...
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AMENDED MEMORANDUM DECISION AND ORDER ON MOTION TO DISALLOW FAMILY LAW CLAIMS OR TO ESTIMATE AT ZERO Audre Recognition Systems, Inc. (Debtor in 95-10046), and Audre, Inc. (debtor in 95-10048) bring motions to disallow the Catherine Casey Family Court judgment, or in the alternative to estimate the Family Court claims at zero for ah purposes. The two cases are being jointly administered. ...
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MEMORANDUM DECISION AND ORDER Daniel Bakst, the Chapter 7 Trustee of HDI Partners (the “Trustee”), brought this adversary proceeding to determine the extent, priority, and validity of a lien and/or interest in property. The issue before the Court is whether the Internal Revenue Service (“IRS”) has a superior interest in funds which were turned over to the Trustee pursuant this Court’s...
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MEMORANDUM DECISION AND ORDER THIS MATTER came before the Court for trial on August 5, 1996, upon the Debtor’s Complaint to determine the dischargeability of income tax debts. The issue at trial was whether the Debtor filed federal income tax returns for the years 1984 and 1985, thereby entitling him to discharge those tax liabilities. The Court, having heard the testimony, examined t...
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MEMORANDUM OPINION These matters come before the Court on the motions of the Chicago Housing Authority (“CHA”) to modify the automatic stay in 11 U.S.C. § 362(a), the respective responses of Sylvester Gant and Tyrone W. McDonald (collectively the “Debtors”) in opposition thereto, and the confirmation of the Debtors’ Chapter 13 plans. Each Debtor seeks to assume his lease with CHA as “unexpire...
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MEMORANDUM OPINION The Chapter 7 Trustee filed this adversary proceeding against David D. Orr, the Cook County Clerk, and Edward J. Rosewell, the Cook County Collector and Cook County Treasurer (collectively the “County”) to recover a pre-bankruptcy tax payment. The Trustee alleges that the $889,826.58 payment to the County from an escrow account constitutes either a preference (Count I) ...
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MEMORANDUM OPINION This matter comes before the Court on the Objection of the Chapter 7 Trustee, Stephen G. Balsley, to Exemptions. The parties submitted their arguments by letter. BACKGROUND The Debtors filed for relief under Chapter 7 of the Bankruptcy Code on June 13, 1996. The Voluntary Petition lists a lk seat on the Mid-American Exchange (“Exchange”) as ...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO SECURED CLAIM Heard on August 28, 1996, on the Chapter 7 Trustee’s Objection to the secured claim of Energy Control Systems, Inc. The Trustee’s objection to Energy Control’s status as a secured creditor is based on the fact that the parties never signed a security agreement. The only writings between the Debtor and Energy Control Systems are: (1...
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ORDER CONFIRMING CHAPTER IS PLAN Heard on August 29, 1996, on the Objection of Allied Group Mortgage Company, a secured creditor, to confirmation of the Debtors’ Chapter 13 plan. Allied is owed $96,793, and the debt is secured by a mortgage on the Debtors’ real estate. For the purpose of this litigation,, it is agreed that the value of the subject property is $75,000, that Allied’s secured cl...
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ORDER GRANTING IN PART, AND DENYING IN PART, THE TRUSTEE’S APPLICATION TO DISBURSE FUNDS Before the Court is the Trustee’s Motion to Disburse Funds to Chase Manhattan Mortgage Corporation (“the Bank”), an under secured creditor. On January 30, 1996, the Debtors filed a notice of intention to sell real estate located at 33 Lamson Road, Bar-rington, Rhode Island, which notice stated: “The D...
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MEMORANDUM OPINION This matter comes before the Court for trial on the Complaint of Plaintiff, Charles Poch, Inc. (“CPI”), for Declaratory Judgement against Debtor, National Tire Services, Inc. (“Debtor”). The parties have entered into a Stipulation of Facts and have rested. At issue is whether the Debtor had assigned an account receivable from the Department of National Resources (“...
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MEMORANDUM OPINION This Adversary proceeding relates to bankruptcy. case No. 95 B 22465 filed by Herman Joseph Marino (“Marino” or “Debt- or”) under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Debtor filed this three-count Adversary Complaint against Chrysler Credit Corporation (“CCC”) to determine the extent of CCC’s Lien or Interest in certain property of Debtor. CCC ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Background This Adversary proceeding 1 relates to bankruptcy proceedings filed by Sacramento Corporation (“Sacramento”) and its subsidiaries, Sacramento Crushing and Sacramento Real Estate Corporation (“Debtors” or the “Sacramento entities”) under Chapter 11 of the Bankruptcy Code (the “Code”), 11 U.S.C. § 101 et seq. ...
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MEMORANDUM OPINION This adversary proceeding relates to the involuntary bankruptcy case filed against Kids Creek Partners, L.P. (“Debtor”) under Chapter 7 of the Bankruptcy Code, Title 11 U.S.C. The Chapter 7 Trustee David R. Herzog filed an Adversary Complaint seeking orders to equitably subordinate the claim of Defendant Leighton Holdings, Ltd. (“Leighton”) (Count I); to recharacter...
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*259 FINDINGS OF FACT AND CONCLUSIONS OF LAW RE CONFIRMATION OF THE THIRD AMENDED CONSOLIDATED PLAN OF REORGANIZATION OF THE DEBTORS, AS MODIFIED INTRODUCTION Eagle-Picher Industries, Inc. (“Eagle-Picher”), Daisy Parts, Inc., Transicoil Inc., Michigan Automotive Research Corporation, EDI, Inc., Eagle-Picher Minerals, and Hillsdale Tool and Manufacturing Co. (collecti...
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MEMORANDUM OPINION STATEMENT OF FACTS Frank P. and Joann Cuda (the Cu-das), principals of Northview Motors, Inc. (Northview), the debtor in this bankruptcy case, bring this motion requesting that this Court order respondent, the Chapter 7 trustee in this case, to abandon to them 1 a lawsuit pending on behalf of the debtor against Chrysler Corporation (Chrysler). Su...
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SUPPLEMENTAL OPINION REGARDING POSSIBLE APPLICABILITY OF COLLATERAL ESTOPPEL I. ISSUES Does a Michigan state court criminal conviction for felonious assault, based upon a nob contendere plea, collaterally estop a defendant-debtor from litigating a nondis-chargeability action under section 523(a)(6) of the Bankruptcy Code? 1 Does a Michigan state court civil ju...
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OPINION A INTRODUCTION The instant adversary proceeding (“the Proceeding”) requires this court to determine whether the unliquidated claims of waitress ROSE MARY LICCIO (“the Plaintiff’) of sexual harassment against her employer, restaurant co-owner JOHN E. TOPAKAS (“the Debtor”), are non-disehargeable pursuant to 11 U.S.C. § 523(a)(6). The conduct at issue is several alleged...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL OF CASE AGAINST TIFCO This Adversary proceeding relates to bankruptcy eases filed by Schwinn Bicycle Co. and various related entities (collectively “Debtor” or “Schwinn”) under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Its liquidating Plan was confirmed. On October 3, 1994, Plaintiff Schwinn Plan Commi...
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MEMORANDUM DECISION The sole issue addressed is whether a bankruptcy court has authority to set fee caps for professionals employed by debtors in possession and official committees. Counsel for the Official Committee of Unsecured Creditors (“OCC”) and for the Debtors In Possession (“Debtors”) assert that there is no provision in the Bankruptcy Code and no published decision which permits the co...
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BACKGROUND The Debtor is a tenant in a Chicago Housing Authority (“CHA”) development. In January, 1996, the CHA served a 14-day Notice of Termination upon the Debtor for *950 failure to pay rent. The notice contained the statutorily required language, including a statement of the amount due, and provided (emphasis added): You are notified that payment of said sum so due i...
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OPINION On the 29th day of October, 1996, the Chapter 13 Plan; Objection by William J. Wade; Objection to the Claim of William J. Wade and Response by William J. Wade came on for hearing. Counsel appearing were Robert Inglish for the Debtors and Lawrence AG. Johnson for William J. Wade. After hearing evidence presented, this Court does hereby enter the following findings and conc...
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MEMORANDUM OPINION This matter came before the Court on Plaintiffs Complaint to Determine Dis-chargeability of IRS Debt. Appearing before the Court were Raymond J. Rotella, counsel for Plaintiff, Richard William Blaker; and Brian Sehwalb, counsel for Defendant, the United States of America, Department of Treasury, Internal Revenue Service. After reviewing pleadings, evidence, exhibits, argume...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW There came on to be heard the Motion For Order Compelling The Assumption Or Rejection Of Unexpired Lease Under 11 U.S.C. § 365 And Brief In Support Thereof, filed by Rent-A-Center (hereinafter referred to as “RAC”). Present at this hearing was RAC who appeared by and through its attorney of record, Seymour Roberts, Jr., of the law firm of Simon ...
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ORDER Vista Foods U.S.A., Inc., the debtor in the above-captioned case (Debtor), has filed a Motion for Leave to Appeal Under 28 U.S.C. § 158(a) from an Order of the United States Bankruptcy Court for the Western District of Oklahoma converting the Debtor’s chapter 11 ease to a case under chapter 7 of the Bankruptcy Code. No response to the Motion has been filed with the Court. The Debtor...
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*541 MEMORANDUM AND ORDER ON MOTION TO DISMISS This adversary proceeding was commenced by the plaintiff seeking a determination that her claim against the defendant is nondischargeable under § 523(a)(6). The plaintiff acknowledges that case law has consistently held that § 523(a) is not applicable to corporate debtors but request that this court exercises its discretion under § 105(a) in conj...
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CARL L. BUCKI, Bankruptcy Judge. In New York State, public utilities are required to offer Deferred Payment Agreements to qualified commercial customers who face a termination of service by reason of payment delinquency. The question now at issue is whether such deferred payments satisfy w the ordinary course exception to the preference provisions of 11 U.S.C. § 547. In November 1992, A1 Cohen’s R...
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AMENDED MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This Adversary case and two other related •Adversaries relate to the bankruptcy proceedings filed by Perry Zois, George Zois, and John Zois (“Zoises” or “Debtors”) under Chapter 11 of the Bankruptcy Code 11 U.S.C. § 101 et seq., on September 29,1995. The Debtors’ reorganization plans failed to be confirmed, and the ...
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MEMORANDUM OPINION SUSTAINING OBJECTION TO EXEMPTIONS The Trustee objected to Debtor’s exemption of an earned income credit received in a tax refund. After reviewing the parties’ 'briefs and arguments and pertinent authorities, the court sustains the trustee’s objection to the exemption. The court has jurisdiction over this core proceeding and may enter final orders pursuant to 28 U.S.C. §§ 1...
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OPINION In this adversary proceeding the Debtor’s Trustee in Bankruptcy (TRUSTEE) brought a preference action against the Defendant (DEFENDANT), which defended on the theory of the “Earmarking” Doctrine. The facts were stipulated to as follows. In September of 1995 the Debtor held a credit card issued by the DEFENDANT which had an outstanding balance of $4,022.95. The Debtor was solicited by the F...
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MEMORANDUM DECISION This ease comes before the Court pursuant to an Order to Show Cause and Application made by Hubbard Power & Light, Inc., the debtor (the “Debtor” or “HPL”) seeking authorization for HPL to incur $750,000 of post-petition financing from Enron Capital & Trade Resources Corp. (“Enron”) pursuant to sections 364(c) and (d) of the Bankruptcy *681 Code. The Debto...
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OPINION AND ORDER SUSTAINING OBJECTION TO CLAIMED EXEMPTION IN TOOLS OF THE TRADE, SUSTAINING OBJECTION TO EXEMPTION IN IRA TO THE EXTENT THAT THE” VALUE OF IRA EXCEEDS $75,000.00, AND GRANTING DEBTOR’S CLAIMED EXEMPTION IN IRA IN THE AMOUNT OF $75,000.00 This matter is before the Court on Trustee H. Buswell Roberts’ objection to Debtor William C. Hoppes’ (the “Debtor”) claimed exemptions...
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MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The debtors’ motion to avoid the hen of Farm Service Agency (“FSA”) raises serious issues of statutory interpretation which may substantially impact the ability of debtors, especially farmers, to obtain the benefits of hen avoidance under 11 U.S.C. § 522(f). FSA holds a blanket hen on the farm assets of the debtors, and has ...
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OPINION An involuntary petition was filed against the Debtor, Oneida Grain Co. (ONEIDA) on April 21,1993. Pursuant to Chapter 7 of the Bankruptcy Code an Order for Relief was entered on June 10, 1993. The Bankruptcy Trustee (TRUSTEE) sued the Defendant, First Midwest Bank/Western Illinois, N.A. (BANK) under § 547 of the Bankruptcy Code, 11 U.S.C. § 547, to recover alleged preferential loa...
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DECISION DISALLOWING DOR CLAIM This disputed claim proceeding arises out of the failure of Covynn, Inc. (“Covynn”) to pay income taxes withheld from employees’ wages and meals taxes collected from customers. The Massachusetts Department of Revenue (“DOR”) has assessed these taxes against Robert P. Coveney, the chapter 13 debtor (“Debtor”), in his capacity as president, director and 25...
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OPINION National Motor Freight Traffic Association (“National Motor”) appeals the Bankruptcy Court’s order granting the debtor-in-possession summary judgment on its section 547(b) preference avoidance action. We conclude the payment in issue was not a payment on an antecedent debt and REVERSE and REMAND. FACTUAL BACKGROUND The Debtor, Superior Fast Freight, Inc. (“Superior”), is a motor c...
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OPINION Appellants, Albert J. Centofante and Mary J. Centofante as trustees of the Centofante Family Trust (“Centofante”), appeal the bankruptcy court’s order denying their motion for relief from the § 362 2 automatic stay to proceed against property owned by chapter 11 debtor, CBJ Development, Inc. (the “Debtor”). WE AFFIRM. FACTUAL BACKGROUND The Debtor’s primar...
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OPINION Several judgment creditors filed a complaint to determine that their state court default judgment for fraud and another alleged debt were nondischargeable pursuant to §§ 523(a)(2)(A), (B) and (a)(6) 2 . The bankruptcy court gave collateral estoppel effect to the state court judgment and held that the compensatory damages portion of the judgment was nondischargeable,...
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OPINION The debtor, Regan Tully (“Tully”), a real estate broker, appeals from an order of the bankruptcy court holding certain real estate commissions earned by Tully to be property of the estate. Tully was the broker for a sale of real estate which commenced approximately five years before Tully filed for chapter 7 relief. 1 The sale was pending in escrow at the time the p...
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OPINION I. FACTS The debtor Farideh Mehdipour (“Debtor”) filed for chapter 11 bankruptcy relief on February 27, 1995. 2 The debtor employed Marcus & Millichap (“M & M”) as a real estate broker to locate a buyer for the estate’s largest asset, an apartment building located in Santa Monica, California (the “Property”). Tony Azzi (“Azzi”), the real estate agent for M & M,...
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OPINION I Kim Evan Travers (“Debtor”) appeals the bankruptcy court’s order granting an extension of time for Gary Dragul, David Dragul, Robert Armbruster and Susan Connelly (collectively, the “Plaintiffs”) to file complaints concerning dischargeability under Bankruptcy Code Section 523 and objecting to discharge under Section 727. We DISMISS this appeal as interlocutory. II FACTS The ...
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MEMORANDUM OPINION ON REMAND On February 21, 1991, this Court found that Defendant, Wal-Mart Stores, Inc. (“Wal-Mart”) had breached its lease with Plaintiff, Oklahoma Plaza Investors, Ltd. (“OPI”) in regard to the Rolling Hills Shopping Center in Catoosa, Oklahoma. This Court in its ruling found that the lease between the parties was unambiguous and did not consider any extrinsic evidence as to th...
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MEMORANDUM OPINION Leon Carey, Movant, filed on October 17, 1996, his Motion to Use Cash Collateral and to Require Substitution of Collateral. General Motors Acceptance Corporation, Respondent, filed its response on October 30, 1996. A hearing was held on November 6, 1996. The Court, having considered the stipulation of facts, the record in this bankruptcy case, and the arguments of c...
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DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On March 19, 1996, Plaintiff/D ebtor Juanita J. Moody filed an adversary proceeding against Defendant ECMC, Inc., to determine the dischargeability of the student loan debt owed by the Plaintiff to the Defendant. This matter is currently before the court upon the Defendant’s motion for summary judgment. The court has jurisdicti...
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MEMORANDUM OF DECISION I. ISSUE In this core adversary proceeding, Donna Lee McMullen, the plaintiff, seeks to have the court determine that an unliquidated claim which she asserts against David James Klaiman, the debtor, is nondischargeable pursuant to Bankruptcy Code § 523(a)(2)(A) (debt for money “obtained by false representation, or actual fraud” not dischargeable). ...
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MEMORANDUM OPINION AND ORDER This adversary proceeding was submitted for decision on stipulations and briefs. Upon consideration thereof, and of the record herein, this Court, pursuant to F.R.B.P. 7052, now finds, concludes, and orders as follows. FINDINGS OF FACT Southern Star Foods, Inc. (“Southern Star”) is an Oklahoma corporation whose business, located mainly in McAlester, Oklahoma...
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DECISION ON MOTION TO DETERMINE WHETHER POST PETITION DESIGNS ARE PROPERTY OF THE ESTATE I. Introduction Paolo Gucci Design Studio (“PGDS”) moves 1 to declare that certain designs, ereat- *687 ed by Paolo Gucci (“Paolo”), after the filing of his bankruptcy petition, are not property of the bankruptcy estate. Frank G. Sinatra, the chapter 11 trustee (the “T...
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OPINION This case presents the question of how the Court should apportion the proceeds of a policy of automobile collision insurance, made jointly payable to a chapter thirteen debtor and to a creditor with a “crammed down” security interest in the insured automobile, upon destruction of the automobile after confirmation. The facts are not in dispute. Several years prior to filing for relie...
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MEMORANDUM OPINION This is a lawsuit by the trustee to recover a fraudulent conveyance pursuant to 11 U.S.C. § 548(a)(2)(A). The parties stipulated that the debtor was insolvent on the date of *780the transfer, that a transfer occurred, and that it occurred within one year before the date of the filing of the petition. The parties further stipulated that the fair market value of the property was...
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ORDER ON MOTION FOR SANCTIONS FOR VIOLATION OF AUTOMATIC STAY This Chapter 13 case came before the Court for hearing on November 27,1995 and for a continued hearing on January 26, 1996, and for oral argument on February 6, 1996 on the debtors’ Motion for Sanctions for Violation of Automatic Stay, and an Objection thereto, filed by Salem Five Cents Savings Bank. The debtors claim that the Sale...
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ORDER DISMISSING COMPLAINT AND DENYING RELIEF FROM STAY TO KATHRYN T. CARTER This matter is before the Court on the Complaint of the Plaintiff, Kathryn T. Carter, and Intervenor, Lonnie L. Mixon, Trustee, seeking relief from the actions of the Defendant, The Peoples Bank and Trust Company. As to the issues raised in the adversary ease and the relief from stay motion as they relate to ...
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MEMORANDUM OPINION This matter comes before the Court on the motion of the Chicago Housing Authority (“CHA”) pursuant to Federal Rule of Civil Procedure 59(e), incorporated by reference in Federal Rule of Bankruptcy Procedure 9023, to alter or amend the judgment order entered by the Court on October 7,1996, which denied CHA’s motion to modify the automatic stay. For the reasons set forth below, ...
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MEMORANDUM OPINION This matter comes before the Court on the First Amended Complaint to Revoke Discharge filed by State Bank of India (the “Bank”) pursuant to 11 U.S.C. § 727(d)(1), and the motion for directed findings made at trial by the debtor, Muthukumaran Kaliana (the “Debtor”), pursuant to Federal Rule of Bankruptcy Procedure 7052, incorporated by reference in Federal Rule of Ci...
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MEMORANDUM-DECISION, FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER The Court considers herein a portion of the motion filed by Megan-Raeine Associates, Inc. (“Debtor”) on July 15, 1996, seeking authorization for the use of cash collateral during the month of August, 1996, pursuant to § 363 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) (“Code”). A preliminary hearing (“Hearing”) was held at t...
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MEMORANDUM OPINION This proceeding is before the Court to determine the vahdity, priority, and extent of hens and interests in the proceeds of the sale of the residence of Albert P. Nowieki (the “DEBTOR”) and his spouse, Shirley Nowieki (“Shirley”). After considering the submissions of all parties and the Statement of Admitted or Uncontested Facts, the Court finds that the estate and ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court considers herein the adversary proceeding commenced on August 2,1995, by MBNA America (“MBNA”) seeking a denial of dischargeability of a debt incurred by James L. Parkhurst (“Debtor”) pursuant to § 523(a)(2)(A) of the Bankruptcy Code (11 U.S.C. §§ 101-1330) (“Code”). MBNA also requests an award of attorneys’ fee...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The within contested matter is before the Court by way of a motion filed by the Chapter 7 trustee, Lee E. Woodard, Esq. (“Trustee”), on May 6,1996, objecting to the claim of exemptions filed by Adrian E. Pless, Jr. (“Debtor”). The Court heard oral argument at its regular motion term on June 18, 1996, in Syracuse, New York...
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MEMORANDUM-DECISION, FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER Presently before the Court is a motion by Supermarket Equipment Resale, Inc. (“SER”) brought on by an Order to Show Cause dated August 30, 1996, seeking the enforcement of an Order signed by the Court on May 22, 1996, which approved the sale of personal property out of the ordinary course of business (“Sale Order”), pursuant to § ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before this Court are approximately 95 motions filed on behalf of various banks (“Banks”) seeking either relief from the automatic stay pursuant to § 362(d) of the Bankruptcy Code (11 U.S.C. §§ 101-1380) (“Code”), or in the alternative, adequate protection of their interest in certain leases and the income strea...
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MEMORANDUM-DECISION, FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER Presently before the Court is an application on behalf of third-party defendants Gwen Bennett (“G. Bennett”), Comfort Associates, Inc. (“CAI”), Comfort Financial Associates (“CFA”), and Bennett Financial Associates (“BFA”), brought on by an Order to Show Cause dated August 5, 1996, requiring the Trustee appointed pursuant ...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPT PROPERTY THIS MATTER came on to be heard on November 21,1996 upon the Trustee’s Objection to the Debtor’s Claim of Exempt Property. The Trustee asserts that the Debtor’s claim of a homestead exemption is not valid. The Court, having considered the Trustee’s objection to the exemption, the argument of counsel, the evidence introd...
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MEMORANDUM OPINION On August 13, 1996, the court held a pretrial conference on Debtor’s complaint to determine dischargeability of taxes. At the pretrial conference, the parties agreed to file a joint stipulation of facts and to submit briefs for the court’s review. Upon review of the briefs as well as applicable statutory law and case law, the court, for reasons indicated below, will find th...
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OPINION A INTRODUCTION Since HARRY JAY KATZ (“the Debtor”) has agreed to the nondischargeability of his indebtednesses to SUSAN CROGE (“the Plaintiff’), the only matter remaining at issue in the above-captioned adversary proceeding (“the Proceeding”) is the Plaintiffs challenge to the Debtor’s general Chapter 7 bankruptcy discharge. Finding that inaccuracies in the Debtor...
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OPINION Debtor filed a chapter 13 bankruptcy petition on April 26, 1996. General Motors Acceptance Corporation (GMAC), the only secured creditor in this case, filed a claim for $10,723.69. The collateral securing GMAC’s debt is a 1995 Chevrolet Cavalier. Debtor’s five-year plan provides that GMAC will retain its hen and will be paid the value of its collateral plus nine percent interest. The ...
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OPINION At issue in this case is whether an installment contract for the sale of commercial real estate to the debtor is an executory contract which must be assumed or rejected under 11 U.S.C. § 365 or whether, under the Seventh Circuit’s ruling in In re Streets & Beard Farm Partnership, 882 F.2d 233, 235 (7th Cir.1989), it constitutes a financing device granting the seller...
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DECISION ON MOTION TO EXTEND TIME TO OBJECT TO DISCHARGE Herman B. Fine (“Fine”) has moved pursuant to Bankruptcy Rule 4007(c) to extend his time to file a complaint objecting to the discharge of debtor Michael A. Mendelsohn. On January 22, 1996, the debtor filed a voluntary petition with this Court under Chapter 7 of the Bankruptcy Code. In his answer to question 4 on the Statement of Financ...
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MEMORANDUM OF DECISION Before the Court is a “Motion For Partial Summary Judgment on Counts I, II and III” (the “Motion”) filed by Columbia Farms Distribution, Inc., Native Foods Division (“Columbia Farms” or the “Plaintiff’) in this Adversary Proceeding. The Complaint contains a total of five counts. In its Counts I and II, Columbia Farms asks that the debt owed to it by William and ...
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MEMORANDUM OPINION Before the court is the objection of the chapter 7 trustee, Robert G. Mayer, to exemptions claimed by the debtors in two Individual Retirement Accounts (IRA’s). The issues are (1) whether, under Virginia law, the wife as the named death beneficiary may claim a homestead exemption in her husband’s IRA, and (2) whether the debtors’ minor children may intervene to assert e...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO TAX FEES & COSTS Defendant, Miguel Chinchilla (the “Debt-' or”), seeks attorney’s fees and costs, pursuant to § 523(d) of the Bankruptcy Code, incurred in defending an adversary proceeding filed by AT & T Universal Card Services (“AT & T”) under § 523(a)(2)(A) of the Bankruptcy Code. Since the Court finds that AT & T was not ...
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DECISION ON CLAIM FOR RENT UNDER 11 U.S.C. § 365(d)(3) On September 18, 1996 Pudgie’s Chicken, Inc., Pudgie’s Famous Chicken, Ltd. and six affiliated Pudgie corporate entities filed petitions under Chapter 11 of the Bankruptcy Code, and on September 24, September 25, October 4 and October 10 some twenty-two additional Pudgie-affiliated corporate entities filed Chapter 11 petitions. The th...
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MEMORANDUM ON OBJECTIONS TO FINAL CASH COLLATERAL ORDER . I. The debtor, an automobile dealership, commenced its case under Chapter 11 on August 30,1996. A preliminary cash collateral order between the debtor and First Tennessee Bank, N.A. (First Tennessee) was entered September 3, 1996, to which two objections were filed. 1 These objections were resolved by agreement....
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MEMORANDUM OPINION AND ORDER DENYING UNITED STATES TRUSTEE’S MOTION FOR RECONSIDERATION AND DIRECTING PAYMENT OF FEE ENHANCEMENT AWARDED TO SPECIAL COUNSEL FOR TRUSTEE The United States Trustee (“UST”) seeks reconsideration of an attorney’s fee award *1020 which included a $4,541.50 fee enhancement. The matter is before the Court on the UST’s motion entitled Motion for Re...
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OPINION The matters before the Court concern the dischargeability of several debts which arose in the context of Debtor’s divorce proceedings. Edward Dalgo Douglas (“Mr. Douglas” or “Debtor”) and Bobbie Jean Douglas (“Ms. Douglas”) were married in 1980 and separated in 1991, at which time divorce proceedings were commenced. The divorce decree was entered on August 30, 1995, after four years...
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*11 OPINION The chapter 7 trustee, John A. Burdick, Jr. (the “Trustee”), objects to the claim to a Massachusetts homestead exemption made by Dennis M. Boucher (the “Debtor”). Claims held by some creditors were in existence prior to the Debtor’s prebankruptcy declaration of his residence as his homestead, so .that under Massachusetts law these debts are not subject to the exemption. The ques...
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MEMORANDUM-OPINION This matter comes before the Court on Application of Kruger, Schwartz and Mor-reau (“Applicant”) for the Allowance of Compensation and Reimbursement of Expenses incurred by Applicant in the representation of the Bankruptcy estates of Allied Computer Repair, Inc. and Allied Computer Sales, Inc. All of the fees for professional services rendered and expenses incurred ...
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MEMORANDUM OPINION AND ORDER RE MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSES AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY The Millington Housing Authority (“MHA”) and the debtor, Eddie Faye Hall, entered into a dwelling lease agreement whereby MHA agreed to lease an apartment to the debtor. Prior to the filing of debtor’s bankruptcy, debtor had become delinquent on her ren...
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ORDER Plaintiff, Green Tree Financial Corp., filed a complaint to determine dischargeability of debt and objection to discharge in the Shirley Joyce Beasley Chapter 7 case. Green Tree holds two claims in Beasley’s ease involving the purchases from Central States Truck Center of two trucks by Oak Tree Investments, by its president, the debtor. The purchase of each truck involves an Ins...
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MEMORANDUM OF DECISION Plaintiff, The Official Committee of Unsecured Creditors of Baja Boats, Inc., has filed the current litigation seeking to avoid an allegedly preferential transfer. Presently before the court is the motion of Defendants Northern Life Insurance Company (Northern Life), The North Atlantic Life Insurance Company of America (North Atlantic Life) and Minnesota Mutual Life...
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MEMORANDUM OF DECISION AND ORDER DENYING MOTIONS TO VACATE APPOINTMENT OF THE OFFICIAL BONDHOLDERS’ COMMITTEE The United States trustee has appointed an official bondholders’ committee. The unsecured creditors’ committee, the case trustee and the bondholders’ indenture trustee all now seek an order vacating the appointment and abolishing the bondholders’ committee. The debtor sol...
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ORDER OF REMAND THIS CAUSE is before the Court upon a sua sponte review of the file. This adversary proceeding was filed on May 10,1996, by the filing of a Notice of Removal. 1 The Complaint, originally filed in the Circuit Court of Pulaski County, essentially seeks to reduce an administrative fine to judgment. The Answer seeks to contest the agency’s administrative decision, the process ...
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MEMORANDUM OF DECISION GRANTING RELIEF FROM STAY Landlord moves 1 for relief from the automatic stay, 11 U.S.C. § 362, 2 “only to proceed with its eviction of Debtor[s] pursuant to a Writ of Possession issued by the Chittenden Superior Court on March 19,1996 and served upon [them] on March 21,1996.” Landlord’s Motion (filed April 22, 1996). We grant the motion becaus...
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ORDER THIS CAUSE is before the Court upon the stipulations of fact submitted by the parties related to this adversary proceeding. The debtors filed this adversary proceeding requesting turnover of a federal income tax refund in the amount of $2,964.80. Although the Internal Revenue Service owed a debt in the form of a tax refund to the debtors, the *150 Debtor owed monies...
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MEMORANDUM OPINION ON DISMISSAL FOR WANT OF JURISDICTION Jeffrey Dale Thomas (the “Debtor”) seeks dismissal, contending the discharge complaint filed by Charles Gebhardt (“Trustee”) was filed untimely. The Trustee responds that the Debtor waived any untimeliness argument when he voluntarily agreed to extend the deadline. The parties thus ask this Court to resolve a split of authority. One...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for trial on November 19, 1996. At the close of Plaintiffs case in chief Defendant moved for dismissal of the complaint alleging that Plaintiff had failed to put forth a prima facie case. The Court took that motion under advisement *770 and directed that the Defendant put her evidence on the record in order to avoid ...
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DECISION REGARDING OBJECTION TO PROOF OF CLAIM OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT I. Background The Debtor is a Massachusetts corporation engaged in the manufacture and sale of computers. It sold computer products and services under contracts with Sandia National Laboratories (“Sandia”), the Defense Advanced Research Projects Agency (“DAR-PA”) and the Los Alamos National L...
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DECISION AND ORDER The matter before the court arises from the trustee’s objection to the claim of Catherine E. Abbey (herein Abbey) for priority status under 11 U.S.C. § 507(a)(6) as a deposit creditor. The matter was taken under advisement after hearing on August 21,1996, at which time the parties were afforded an opportunity to submit any additional authority in support of their positi...
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CONDITIONAL ORDER OF DISMISSAL Tim S. Jeys (“Debtor”) is the debtor and appellant in the above-captioned bankruptcy proceeding. The Panel has received and reviewed the Debtor’s “Motion to Proceed In Forma Papus [sic] and Affidavit of Impecu-niosity.” Leave to prosecute an action in forma pau-peris is governed by 28 U.S.C. § 1915, which provides that such leave may be granted by a “court of th...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon CS First Boston’s Motion for Summary Judgment filed October 3, 1996. The Court finds that there are no genuine issues of material fact and that the matter is appropriate for summary judgment. The undisputed facts are as follows. On July 14, 1996, the Defendant, in conjunction with a loan it received from Provident N...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the trial of the complaint to determine dis-chargeability pursuant to 11 U.S.C. § 523(a). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. The objection to dischargeability is a “core proceeding” within the meaning of 28 U.S.C. § 157(b) as exemplified- by 28 U.S.C. § 157(b)(2)(I) such t...
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OPINION AND ORDER DISMISSING PLAINTIFFS’ COMPLAINT TO DETERMINE DISCHARGEABILITY OF A DEBT FINDINGS OF FACT AND PROCEDURAL BACKGROUND We have before us what we hope will be the final resolution of a dispute that has its genesis in the late 1980s. At that time, Defendant Mark A. Redburn was employed by General Motors (hereinafter “GM”) in the experimental assembly section of its Lansi...
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MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS SECOND AMENDED COMPLAINT ISSUE The defendant, State of Connecticut, Department of Social Services, has filed a motion to dismiss an adversary proceeding brought against it by the plaintiff, Neal Os-sen, Trustee of the Chapter 7 Estate of Charter Oak Associates, Inc., the debtor. The parties have submitted the m...
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MEMORANDUM OPINION AND ORDER OVERRULING TRUSTEE’S OBJECTIONS TO PROPERTY CLAIMED AS EXEMPT On July 23, 1996, the Court heard the Trustee’s Objections to Property Claimed as Exempt (the “Objections to Exemptions”), filed June 5, 1996. The issue presented is whether equity in property of the estate is determined on the original filing date or on the date of conversion when a Chapter 13 case is ...
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DECISION AND ORDER Before the court is the motion for relief from the automatic stay of Robert W. Clay-tor, et. al. (herein the Movants) and the objection of the unsecured creditors’ committee (herein the Committee). The issue presented is whether a security agreement dated December 31, 1993, (herein the Security Agreement) entered into by the Movants and the debtor, Shenandoah...
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ORDER The matter before the court is Motion No. 2 for relief from the co-debtor stay filed by Lewis-Gale Clinic, Inc. against the debtor, Ernest Root and his non-debtor wife, Jeanne Marie Whitt Root. The facts as set forth in the motion are not in dispute. At all relevant times to this proceeding, Mr. and Mrs. Root have been married and are living together. Mr. Root filed his Chapter 13 proceeding...
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DECISION AND ORDER The issue presented in this case is whether a Chapter 7 debtor, who is not current in his secured consumer goods installment payments, complies with 11 U.S.C. § 521(2)(A) *58 by merely stating his intention to retain the collateral. 1 Facts First North American National Bank (FNANB) holds a security interest in a refrigerator and several audio components purchased b...
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ORDER VACATING ORDER ON TRUSTEE’S APPLICATION TO EMPLOY REAL ESTATE BROKER (CP # 14) AND DENYING TRUSTEE’S APPLICATION TO EMPLOY REAL ESTATE BROKER (CP # 12) This matter came before the Court for hearing on September 5, 1996 upon the Trustee’s Application to Employ Real Estate Broker (“Application”) and the objection thereto filed by Creditor/Tenant, Audrey B. Rodriguez. The Court having previousl...
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OPINION In the captioned chapter 7 cases, Sears, Roebuck and Co. (“Sears”) is a creditor holding a purchase money security agreement covering a variety of household goods ranging from televisions to mattresses. Its security interest is perfected, notwithstanding lack of filing, because filing is unnecessary to perfect a purchase money security interest in consumer goods. Mass.Ann.Laws...
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*903 MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT The matter before the court is the motion for summary judgment filed by the plaintiffs, Henry and Phyllis Wurst. The facts are undisputed and the plaintiffs acknowledge that it would be appropriate for the court to proceed as if the defendant, the United States of America Internal Revenue Service, had also filed...
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MEMORANDUM OPINION This matter is before the court on the debtor’s objection to the proof of claim filed by the Internal Revenue Service (“IRS”). At an initial hearing held on October 8,1996, the court ruled that the proof of claim was formally defective because it did not contain, as required, the printed name and title of the person who signed it. The court granted the IRS 20 days in wh...
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MEMORANDUM 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 core proceeding as defined by 28 U.S.C. § 157(b)(2)(B). Facts In lieu of a hearing, the parties have filed a stipulation of facts and submitted memoran-da of points and authorities. The debtor, Best Refrigerated Express, Inc., filed its voluntary Chapter 11 pe...
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MEMORANDUM OPINION This matter came on to be heard on this 13th day of November, 1996 upon cross-motions for summary judgment filed herein by Plaintiffs, Sunrise Island, Ltd. (hereinafter “Sunrise”) and Limited Gaming of America, Inc. (hereinafter “Gaming”), and Defendant, Goldman Sachs & Company for the benefit of Claude M. Ballard IRA Account No. 005990189 (hereinafter “Ballard”). Both Sunrise ...
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MEMORANDUM OF DECISION On April 12, 1995, Sandra Pruitt, the debt- or, filed her CHAPTER 13 PLAN. On May 11, 1995, the South Bend Post Office Credit Union (“Credit Union”) filed its objection to the debtor’s plan. 1 The court held a trial on *135 confirmation of the debtor’s plan on August 18, 1995. On January 25, 1996, the court entered its special order confi...
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MEMORANDUM OPINION On September 13, 1996, the court held a hearing on the Objection to Exemptions filed by Henry C. Seals, the chapter 7 trustee assigned to this bankruptcy proceeding. After the hearing, the court took the matter under advisement. Based on a careful review of the pleadings and the legal authority, the court has determined that the objection should be overruled. This matter is...
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MEMORANDUM OF OPINION AND ORDER I. Lush Lawns, Inc. (the Debtor) a lawn care business, sought relief through the filing of its voluntary petition under Chapter 11 of the Bankruptcy Code [11 U.S.C. 1101, et seq.] on June 28, 1996. Among several creditors scheduled on its petition, the State of Ohio’s Department of Taxation (the State) was scheduled for various tax liabilities owed by the D...
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*164 MEMORANDUM Hearing was held on Motion for Relief by Time Warner on September 9, 1996. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7062 and Fed.R.Civ.P. 52. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(G) Background Time Warner Cable of New York City (Time Warner) filed its motion for relief from the...
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MEMORANDUM Hearing was held on September 30, 1996, on the Chapter 13 Plan filed by the debtors. Debtors have filed an objection to the claim of Green Tree Financial Servicing Corp. which has been resisted. The issue presented is the same in the plan confirmation process and the objection to claims. This memorandum contains findings of fact and conclusions of law required by Fed.Bankr.R. 7052 ...
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ORDER ON DEBTOR’S MOTION TO AVOID NON-PURCHASE MONEY SECURITY INTEREST BACKGROUND Debtor instituted this ease by filing, on April 24, 1996, her voluntary petition for relief under Chapter 13 of the Bankruptcy Code. 1 Beneficial Oklahoma (“Beneficial”) filed its objection to debtor’s proposed Chapter 13 plan, because it did not classify a debt of debtor to Beneficial as secured, and a mo...
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MEMORANDUM OPINION AND ORDER In this Chapter 11 case, Donaldson, Lufkin & Jenrette Securities Corporation, and Houl-ihan Lokey Howard & Zukin have each filed applications for approval of compensation and reimbursement of expenses. A hearing on these applications was held on October 2, 1996. This is the Court’s Opinion on these applications, each of which is a core matter. 28 U.S.C. § ...
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MEMORANDUM OPINION Hearing was held on July 10, 1996, on debtor’s former spouse’s motion objecting to confirmation of debtor’s modified chapter 13 plan. At the conclusion of the trial, the court took the matter under advisement. For reasons stated in this opinion, the court denies confirmation of the plan. Findings of Fact On February 8, 1995, judgment was entered against debtor in the ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Proceeding is before the Court upon a complaint filed by Plaintiffs to determine the dischargeability of debt. (Doc. 1). The Defendant filed an answer. (Doe. 12). A trial was held on October 10, 1996. Based upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT Plaintiffs, Abraham...
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MEMORANDUM OPINION Trial was held on plaintiffs complaint to except a debt from discharge under 11 U.S.C. § 523(a)(4) and (6) on March 28,1996. The grounds asserted are that debtor embezzled property from a partnership in which plaintiff and debtor were partners. The complaint also alleges that debtor willfully *245 and maliciously injured plaintiffs partnership interest. Ora...
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MEMORANDUM OF DECISION At the time of the filing of the petition on April 15, 1996 instituting this case, debtor was the owner of a tenant-in-common interest in property known as 300 East Tantallon Drive, Fort Washington, Maryland. The co-tenant was Wanda Sanders (“Sanders”). Sanders instituted a complaint for partition of the property in the Circuit Court for Prince George’s County, Case No. CA...
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MEMORANDUM OPINION On October 21, 1996, the court held a hearing on the objections of numerous utilities 1 to the debtor’s motion to provide adequate assurance of payment to the utilities pursuant to 11 U.S.C. § 366. The court then took the matter under advisement. The court will sustain the utilities’ objections and require deposits as provided in this memorandum opinion. ...
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MEMORANDUM OPINION Hearing was held on March 21, 1996, on Bank of Essex’s motion to dismiss this chapter 7 case pursuant to 11 U.S.C. § 707(a). The issue to be resolved under the motion concerns the effect of a dismissal of the ease when the debtors have already received their discharge in bankruptcy. Bank of Essex’s position is that if debtors’ case is dismissed, debtors’ discharge shoul...
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MEMORANDUM OF DECISION Before the Court for determination is a “Motion to Reconsider a Decision” (the “Reconsideration Motion”), a “Motion to Stay the Execution of a Lien Pending Appeal” with respect to a certain lien held by Jeffrey Cernick, and a “Motion to Stay the Execution of a Lien Pending Appeal” with respect to a certain lien held by Rolling Hills Condominium Trust (the “Trust”) (coll...
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MEMORANDUM-DECISION AND ORDER Jurisdictional Statement This is a core proceeding under 28 U.S.C. § 157(b)(1), (b)(2)(A) and (b)(2)(L). This court has jurisdiction to hear and render a decision in this matter pursuant to 28 U.S.C. § 1334(a). Facts The captioned eases involve the same issue, therefore, the Court has consolidated them for the purposes of this decision. Debtors Robert and...
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MEMORANDUM OF DECISION A government agency filed a complaint seeking a determination that a judgment debt was non-dischargeable under 11 U.S.C. *457 § 523(a)(2)(A). 1 The government agency lacks standing because it is not a creditor of the debtor and thus, I will DISMISS its complaint. I.FACTS In 1993, Douglas Cross (“Cross” or “Debt- or”) was an officer ...
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OPINION A INTRODUCTION The contested matters at issue in the instant Chapter 13 bankruptcy case of SCOTT ROTHMAN a/k/a Dr. Scott Rothman (“the Debtor”), present two issues: (1) the Debt- or’s objection (“the Debtor’s Objection”) to the proof of claim filed by Andrew L. Mozino, the executor of the estate of Joseph S. Mozi-no, a/k/a J.S. Mozino, deceased (“Mozino”), the landlor...
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MEMORANDUM OPINION Plaintiff Diamond Bank (the “Bank”) objects to debtors/defendants’ (the “debtors”) discharge pursuant to 11 U.S.C. § 727(a)(2), (4), and (5), as well as to the dischargeability *700 of its debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (L) over which the Court has jurisdiction pursuant to ...
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Memorandum Opinion Creditor Health Care Financing Administration (“HCFA”) moved this Court to approve setoff of a prepetition overpayment by HCFA against a prepetition underpayment which resulted from the granting by HCFA of debtor’s request for a cost limit exception. 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(...
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MEMORANDUM ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The Debtor, Trans-Lines West, Inc., a corporation, operated a business known as AAMCO Transmissions located at 8844 Kingston Pike, Knoxville, Tennessee. The Debtor owns the real estate upon which its business was operated. On April 29, 1989, the Debt- or, through Internal Revenue Service Form 2553, elected to be treated as a Subchapter ...
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MEMORANDUM OPINION STATEMENT OF FACTS Fifth Avenue Jewelers, Inc. (Fifth Avenue), movant in this proceeding and the debt- or in this Chapter 11 case, objects to the claims of Great East Mall, Inc. (Great East), respondent herein. Great East’s claims, which total $220,843.38, represent alleged damages for Fifth Avenue’s breach of a real property lease agreement between the par...
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OPINION Now before the Court is the adversary proceeding filed by Paul E. Broussard (“Plaintiff’), appearing pro se, against Glenn R. Fields (“Defendant”), who filed a petition for relief under Chapter 7 of the Bankruptcy Code on January 22,1996. 1 In his complaint, Plaintiff seeks to except from discharge a prepetition state court judgment (the “Judgment Debt”) rend...
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MEMORANDUM OF DECISION On September 13, 1996, Philip Mans (“Debtor”) filed a motion seeking to alter or amend the judgment entered by this Court on September 6, 1996, declaring nondis-chargeable a debt owed to William & Norrine Field (“Plaintiffs”). This case was tried by Bankruptcy Judge James Yacos on May 11, 1993, upon Plaintiffs’ complaint to determine dischargeability of a debt pursuant to...
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MEMORANDUM OPINION This matter came before the Court on November 19,1996, pursuant to a Procedural Order entered by this Court. This chapter 13 bankruptcy case was remanded on appeal by Order dated August 29, 1996 by the United States District Court affirming and reversing in part a prior Order of this Court entered on December 28, 1995. The August 1996 District Court Order affirmed this Cour...
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OPINION Introduction: Before the Court is the Objection of Chapter 7 trustee Andrew N. Schwartz (“Trustee”) to an exemption claimed by debtor Rodger Lowenthal (“Debtor”) pursuant to § 522(b) of the United States Bankruptcy Code (“Code”), 11 U.S.C. §§ 101-1330, and 42 Pa.C.SA. § 8124(c)(7). The exemption claimed is for certain monies that were paid to the Debtor under an accid...
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ORDER ALLOWING EXEMPTION On March 29,1996, the debtors, Ronald and Beverly Norris, filed a Chapter 7 bankruptcy petition. They filed two amended schedules on June 5, 1996. On their amended Schedule C they claimed $2,867 as “Debtor’s Gross Paycheck for 3/29/96 ... up to 75%” exempt under N.R.S. § 21.090(l)(g) (75% of disposable earnings exemption). On the day of the bankruptcy filing, ...
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DECISION ON MOTION BY GEMINI PARTNERS, L.P. AND ARTHUR M. GOLDBERG FOR PARTIAL SUMMARY JUDGMENT Gemini Partners, L.P. (“Gemini”) and Arthur M. Goldberg (“Goldberg”) move for partial summary judgment dismissing as against them Counts 15 and 16 of the Third Amended Complaint brought by the Chapter 7 trustee, William A. Brandt, Jr. (the “Trustee”). Goldberg is a principal of Gemini. Coun...
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ORDER Gary and Pamela Burke (hereinafter “Debtors”) filed their complaint against the State of Georgia acting through its agency the Department of Revenue (hereinafter “Georgia”) alleging a- violation of the discharge injunction of 11 U.S.C. § 524(a). 1 Georgia filed this motion to alter or amend this court’s order denying Georgia’s motion to dismiss for lack of jurisdiction. Burke v. Geor...
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ORDER W. Jan Jankowski, the Chapter 7 Trustee for Rose Marine, Inc. (hereinafter “Trustee”) objects to two secured claims, number 40 and 90, filed by Dixie Power Systems (hereinafter “Dixie”).1 This matter constitutes a core proceeding within this court’s jurisdiction pursuant to 28 U.S.C. § 157(b)(1) & (2)(A), (B), (C), (K), (O) and § 1334. The objection is sustained. On October 23, 1985, Dixi...
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ORDER Anne R. Moore (“Trustee”), the Chapter 11 Trustee for American Steel Product, Inc. (“American Steel”) filed this four count adversary proceeding against John C. Emery, Jr.; Count I to determine Mr. Emery’s interest in equipment ostensibly leased to American Steel, Count II to avoid Mr. Emery’s security interest in the equipment, Count III for an alleged fraudulent transfer, Coun...
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ORDER Central Rents, Inc. d/b/a Rentronies (“Rentronies”) objects to the confirmation of the Debtor’s Chapter 13 plan, and moves to require the Debtor to assume or reject a Rentronies Lease-Purchase Agreement and for relief from the automatic stay, asserting a lack of adequate protection of its interest in the property. The Debtor in turn objects to Rentronies’ Proof of Claim which as...
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OPINION INTRODUCTION The plaintiff in the instant adversary proceeding, AT & T Universal Card Services, Corp. (“AT & T”), seeks to have a credit card debt declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), the fraud exception. At issue is a debt in the amount of $8,195.48 resulting primarily from cash advances taken by the debtor Amy Feld (“Debtor”) on plaintiffs cre...
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ORDER The Georgia Department of Revenue (hereinafter “Georgia”) by motion seeks to alter or amend the order dated September 26, 1996 denying Georgia’s motion for summary judgment in this adversary proceeding filed by Raymond and Cynthia Headrick (hereinafter “Debtors”) alleging violations of *807 the automatic stay, 11 U.S.C. § 362 1 . The Court has jurisdictio...
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ORDER ON “EMERGENCY MOTION TO HAVE COURT DETERMINE WHERE FUNDS SHOULD BE PAID” THIS CASE came on for hearing on the “Emergency Motion to Have Court Determine Where Funds Should be Paid” filed by Merkle & Magri, P.A. Merkle & Magri, P.A. seeks the entry of an order directing where and to whom to send attorney’s fees that are due pursuant to an agreement for division of a legal fee. Merkle ...
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*649 DECISION AND ORDER DENYING DEBTORS’ MOTION TO CONVERT The court has jurisdiction in this matter pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. Motions to convert are matters concerning the administration of the estate, and thus are core proceedings pursuant to 28 U.S.C. § 157(b)(2)(A). PROCEDURAL HISTORY This proceeding c...
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MEMORANDUM OF OPINION ON LIEN AVOIDANCE The Debtor, Kevin Wayne White, seeks to avoid the lien of the First National Bank of Haskell (Bank) on equipment repossessed but not sold at foreclosure sale prior to the Debtor’s bankruptcy. 1 The court finds that the lien should be avoided. FACTS The court adopts the following stipulations of the parties: 1. On May 31,199...
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ORDER DENYING SALE OF PROPERTY Barbara Lowery (“Movant”) filed a motion requesting the Court to authorize the sale of Gene Lowery’s (“Debtor”) interest in two parcels of real property (“Property”). The Property is described as 9.5 acres of raw land located in Alleghany County, and a residence located at 21611 Slidell Road, Boyds, Maryland. For the reasons set forth herein, this motion is denied...
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ORDER Debtor has filed a Motion to Reopen Bankruptcy Case and to Show Cause Why Sanctions Should Not Issue against Fern Blount on the ground that Blount has instituted state court proceedings in Chase County, Kansas, seeking to obtain a judgment against Debtor from which she hopes to collect under the liability insurance policy which had been held by the debtor prior to bankruptcy. Briefly, t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO OBJECTION TO CLAIM ONE This case came before the Court upon Debtor’s Objection to Claim One (1) of Boatmen’s National Mortgage, Inc., as servicing agent for First National Bank of Chicago (Creditor). Upon evidence presented at hearings held on November 6 and 12, 1996, the Court enters the following findings of fact and conclusions of law: FINDI...
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MEMORANDUM DECISION GRANTING CHARLES E. BLOOM, P.A’S MOTION TO ALLOW DISTRIBUTION OF PROCEEDS OF EXEMPT ASSET THIS MATTER came before the Court on July 23,1996 and July 30,1996, upon Charles E. Bloom, P.A.’s Motion to Allow Distribution of Proceeds of Exempt Asset and Payment of Costs and Attorney’s Fees, filed June 26, 1996 (the “Motion”) (C.P. # 15). The Court, having reviewed the f...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding came before the Court upon Complaint to recover preferential transfers pursuant to 11 U.S.C. § 547(b). Upon the evidence presented at the trial on October 15,1996, the Court enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1.On October 13,1994, L. Bee Furniture Company (Debtor) borrowed $150,000 from...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON GEORGE WASHINGTON LIFE INSURANCE COMPANY’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS This ease came before the Court upon George Washington Life Insurance Company’s (GWs) Objection to Dudley D. Allen’s (Debtor’s) claim of exemptions. Upon the evidence presented at hearings on July 18 and July 19, 1996, the Court enters the following Findings ...
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ORDER GRANTING MOTION OF UNITED STATES TRUSTEE TO DISMISS THIS CASE UNDER U.S.C. § 707(b) AND DISMISSING THIS CASE This matter came before the Court on August 28, 1996 to consider the Motion Of United States Trustee To Dismiss This Case Under U.S.C. § 707(b) (the “Motion”). The Motion seeks to dismiss the debtor’s chapter 7 case for substantial abuse under the provisions of 11 U.S.C. § 707(b)...
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ORDER ON COLONIAL MORTGAGE COMPANY’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY This case came before the Court upon a Motion of Colonial Mortgage Company for Relief from the Automatic Stay. The court finds: 1. On February 27, 1996, a Summary Final Judgment in Foreclosure was entered in the state court. On March 28,1996, Colonial Mortgage Company, purchased Debtors’ property at a judicial foreclo...
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MEMORANDUM OPINION This is the court’s decision on an objection by the State of New Jersey, Division of Motor Vehicles (hereinafter “DMV’) to confirmation of the chapter 13 plan of Laurence and Sheelagh Fennelly (hereinafter “debtors”). The DMV argues that a debt arising from surcharges which it imposed is a statutory lien which cannot be avoided by the debtors’ plan. The debtors argue that the ...
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MEMORANDUM OPINION This is the Court’s ruling on Debtor’s motion to dismiss Woloshin, Tenenbaum & Natalie’s (“WTN”) Complaint to Determine Dis-chargeability of Debt for failure to state a claim upon which relief can be granted. WTN, a law firm, brought this adversary proceeding against Debtor, seeking a determination that its claim against Debtor is nondischargeable pursuant to 11 U.S...
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ORDER DENYING MOTION FOR LEAVE TO FILE PAPER COPY MATRIX This matter came before the court upon the motion of counsel for the above debtor who asked the court for an order allowing the Clerk of the Court to accept paper copy of matrix. The movant alleged that the attorney for debtor is a sole practitioner admitted to practice before the Bankruptcy Court in about 1990. The attorney has a practice...
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MEMORANDUM DECISION Timothy Allen Geyer and Bertha Irene Geyer (“Debtors”) seek to void the Hen of Commercial Credit Corp., (“CCC”) which encumbers their residence. The Debtors move under Bankruptcy Code section 506(d) on the ground that since no equity exists in the residence to secure the claim of CCC, CCC does not have a secured claim. CCC opposes the motion, arguing, that under the holding ...
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DECISION Ford Motor Credit Company (“Ford”) has filed a motion for relief from the automatic stay and has also objected to the debtors’ *695 modified chapter 13 plan filed on July 25, 1996. The issue, submitted upon stipulated facts and briefs, is whether a debtor’s chapter 13 plan can provide for assumption of a lease and also provide that the purchase option price in s...
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MEMORANDUM OPINION The plaintiff in this proceeding was, at the commencement of this adversary proceeding, a debtor in possession in a chapter 11 proceeding. An involuntary petition was filed against the debtor in this court on October 24,1994 and the debtor responded by filing a voluntary proceeding pursuant to Order of court dated November 18,1994. No proof of claim has been filed in the ba...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Proceeding is before the Court on a Complaint filed by the Trustee, Charles W. Grant (“Plaintiff”), to sell property of a co-owner pursuant to 11 U.S.C. § 363(h) (Doc. 1) and an Objection to Debtor’s Claim of Exemptions filed by the Trustee. The Defendant filed an answer (Doc. 7). A trial was held on September 12, 1996. (Doc. 15). Upon the evidence...
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MEMORANDUM ORDER This matter is before the Court on the complaint to determine dischargeability of debt pursuant to 11 U.S.C. § 523(a)(5) that was filed by Kay Madden, who was appointed by the Circuit Court of Jackson County on or about March 30, 1995, as guardian ad litem for the minor child of the debtor, Craig Staggs, and his ex-spouse, Rachel Deann Malloy, during a post-dissolution custod...
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MEMORANDUM OPINION This is the Court’s ruling on Flag Wharf Inc.’s (“Defendant”) motion to dismiss Count IV of LDA Acquisition, LLC (“LDA”) and Martin Oliner’s (“Oliner” and together with LDA, “Plaintiffs”) Complaint for failure to state a claim upon which relief can be granted, and to dismiss the remaining three Counts of the Complaint for lack of subject matter jurisdiction. For the...
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MEMORANDUM OPINION This matter is before the Court pursuant to an Agreed Order of Submission entered herein on September 11, 1996. The parties have submitted Joint Stipulations and have briefed their respective positions. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)®. This matter was initiated by the filing ...
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DECISION and ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT The complaint now before us seeks relief by way of non-dischargeability of debt. Plaintiff is the daughter of defendant. The complaint asserts counts under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(4). 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...
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Richard Siegel, the debtor in this Chapter 7 proceeding, has moved under section 554(b) of the Bankruptcy Code to compel the trustee’s abandonment of a joint interest in property that the debtor and his non-debtor spouse claim as a homestead. At issue is whether the debtor may preclude the administration of an asset whose sale is suspended as a consequence of protections afforded to the non-deb...
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DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding arises in a bankruptcy case in which the debtor originally filed under Chapter 11 but subsequently converted its case to Chapter 7. The debtor had been engaged in the construction business. Plaintiff in the present adversary proceeding is the Chapter 7 trustee of the debt- or. That trustee here seeks to recover from ...
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DECISION and ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT The present adversary proceeding is related to the debtor’s Chapter 7 bankruptcy case. In their Amended Complaint, plaintiffs seek relief for acts described as fraud, false pretenses, false representation, and willful and malicious injury by defendants to plaintiffs. The complaint refers to § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6). ...
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I. BACKGROUND The history of these cases is set forth in detail in this Court’s previous decision in the ease of In re Albion Disposal, Inc., 152 B.R. 794 (Bankr.W.D.N.Y.1993), and need not be repeated here. Relevant to this decision, however, are certain facts which are repeated below. Prior to their 1991 bankruptcy filing the Debtors in these cases owned and operated ...
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REASONS FOR DECISION This matter comes before this Court on cross-motions for summary judgment. For the reasons stated below, this Court grants summary judgment in favor of the defendant, C & C Consultants, Inc., and denies summary judgment to plaintiff, the debtor (MMR). Background Prior to MMR’s bankruptcy filing, MMR retained C & C Consultants, Inc. (C & C) to provide...
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MEMORANDUM DECISION ON LANDLORDS’ MOTION FOR REARGUMENT OF DEBTORS’ CROSS-MOTION FOR SUMMARY JUDGMENT DISALLOWING ALLEGED ADMINISTRATIVE CLAIMS ARISING FROM REJECTION OF LEASES OF NONRESIDENTIAL REAL PROPERTY In In re Jamesway Corp., 202 B.R. 697 (Bankr.S.D.N.Y.1996) (the “Decision”), we granted the debtors’ (collectively “James-way”) cross-motion (the “Cross-Motion”) for s...
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MEMORANDUM DECISION The chapter 7 trustee has objected to three exemptions claimed by the debtors. This Memorandum Decision addresses the trustee’s objection to the debtors’ claim of exemption of an individual retirement account pursuant to California Code of Civil Procedure § 703.140(b)(10)(E). That objection will be overruled. I. Facts The debtors filed their chapter 7 pet...
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ORDER Beverly Farmer filed this Complaint against the debtor Curtis L. Osbum (hereinafter “Debtor”) to determine the discharge-ability of debts allegedly arising from the parties’ divorce. Ms. Farmer filed her original complaint under 11 U.S.C. § 523(a)(5) 1 prior to the bar date for filing dischargeability actions, and amended her complaint to state a claim under 11 U.S.C. § 523(a)(15) 2 ...
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MEMORANDUM OPINION McGraw-Hill Companies (“McGraw”) brought this motion (the “Motion”) to withdraw the proof of claim (the “Claim”) which it had filed in this bankruptcy case. McGraw’s stated purpose in bringing the Motion is to deny this court jurisdiction to adjudicate the counterclaims asserted by the County of Orange (the “County”) in its complaint. Additionally, by the withdrawal of ...
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ORDER GRANTING PLAINTIFF’S “MOTION FOR SUMMARY JUDGMENT” AND DENYING .. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT” AND STRIKING TRIAL This adversary proceeding comes before the Court on cross-motions for summary judgment. Upon consideration thereof, and of the record herein, the Court now finds, concludes, and orders as follows. Procedural history of the matter is included among “Findings of Fa...
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ORDER SUSTAINING OBJECTION TO MODIFIED PLAN THIS CAUSE is before the Court upon the objection to confirmation of the plan, filed by the Chapter 13 trustee, on October 17, 1996. On February 15, 1996, the debtors filed this bankruptcy case, listing five unsecured priority debts, all for fines imposed by various municipal courts. The proposed plan, which provided for full payment of these debts,...
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ORDER GRANTING RELIEF FROM STAY THIS CAUSE is before the Court upon the Motion for Relief from Stay filed by Mary Marguerite Lineberger on October 16, 1996, by which this creditor seeks relief from the automatic stay in order to pursue her state court remedies. The debtor responded by her attorney on October 24,1996, and also responded by filing, pro se,1 an “Amended Answer to Motion for Relief ...
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ORDER THIS CAUSE is before the Court upon two motions to disqualify counsel for a creditor, Landers Auto Sales. General Motors Acceptance Corporation initiated this Chapter 7 bankruptcy case by filing an involuntary petition on Wednesday, July 20, 1994. On Thursday, July 21, 1994, Ray Baxter, counsel for Gordon Spivey, an individual, contacted Judy Simmons Henry of the law firm, ...
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ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN THIS CAUSE is before the Court upon the debtors’ Motion to Avoid Judicial Lien on Exempt Property Under Section 522(f), filed on August 5, 1996, to which the creditor Purina Mills, Inc. (“Purina”) responded. The debtors seek to avoid the judicial lien of Purina on the grounds that the lien impairs their homestead exemption. Purina argues that since...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE is before the Court upon the complaint to determine dischargeability of a debt pursuant to section 523(a)(2). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. The matter is a “core proceeding” within the meaning of 28 U.S.C. § 157(b) as exemplified by 28 U.S.C. § 157(b)(2)(I). On April 16, 1994, ...
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MEMORANDUM OPINION These matters come before the Court on the final application of William L. Needier & Associates, Ltd. (“Needier”), attorney for Spanjer Brothers, Inc. and Letterfab, Inc. (the “Debtors”), for allowance of compensation and expense reimbursement, and on the amended application of Andrew S. Adsit (“Adsit”), as special counsel to the Debtors, for allowance of compensati...
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MEMORANDUM OPINION This adversary proceeding relates to bankruptcy proceedings filed by Dianne Mary Dally (“Debtor”) under Chapter 13 of the Bankruptcy Code (the “Code”),' 11 U.S.C. *726 § 101 et seq. The Adversary Complaint requested a determination as to whether certain mutual fund accounts are property of the bankruptcy estate and entry of an order requiring...
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MEMORANDUM OPINION This proceeding relates to the bankruptcy proceeding by Dennis Carlson (“Debtor” or “Carlson”) originally filed under Chapter 11 of the Bankruptcy Code (the “Code”), 11 U.S.C. § 101 et seq., subsequently converted to Chapter 7. Debtor filed this adversary complaint against the Attorney Registration and Disciplinary Commission (“ARDC”) seeking a determinat...
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MEMORANDUM OF DECISION This Chapter 13 case is before the court on a landlord’s motion for relief from the automatic stay. The motion seeks authorization to continue a state court eviction proceeding, in which the landlord alleges that the debt- or’s tenancy terminated due to nonpayment of rent. The debtor has responded that, under the Bankruptcy Code, she has the right to cure any defaul...
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MEMORANDUM OPINION These matters come before the Court on the renewed motion of the United States of America Department of the Treasury, Internal Revenue Service (the “IRS”) pursuant to Federal Rule of Civil Procedure 12(b)(6), incorporated by reference in Federal Rule of Bankruptcy Procedure 7012, to dismiss the complaint of John E. and Rebecca M. Strong (the “Debtors”) and on the motion of ...
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MEMORANDUM OPINION This matter is before this Court on the Motion of LaSalle National Bank (“LaSalle”) to modify the automatic stay to allow it to exercise its right of setoff against three accounts of the debtor, including a $1 million certificate of deposit account (“Motion”). On October, 16, 1996, by an oral ruling, this Court denied the Motion to the extent it requested relief from th...
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MEMORANDUM OPINION This proceeding is before the Court after a trial on the dischargeability of a debt William E. Harris (the “Debtor”) owes to Citibank, F.S.B. (“Citibank”). 1 Citibank has also moved to amend the pleadings to conform to the evidence presented at trial. For the reasons stated herein, the Court hereby grants Citibank’s motion to amend the pleadings, and finds th...
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MEMORANDUM OPINION This matter comes before the Court on the motion of Parker, Aleshire & Company (“Parker”) pursuant to Federal Rules of Bankruptcy Procedure 9023 and 9024 for en *670 try of an order vacating the Court’s order (the “Confirmation Order”) confirming the Debtor’s amended Chapter 13 plan, and the objection thereto filed by Michael G. Halko (the “Debtor”). Fo...
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MEMORANDUM OPINION Plaintiff County of Orange (the “County”) filed a complaint (the “Complaint”) against Defendant McGraw-Hill Companies, Inc., dba Standard & Poor’s Rating Services (“S & P”) alleging three counterclaims: breach of contract, professional negligence, and aiding and abetting breach of a fiduciary duty. S & P filed a motion (the “Motion”) to dismiss the Complaint. ...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon cross-motions for summary judgment by which the parties seek a determination as to the dischargeability of a tax debt for which the creditor failed to file a proof of claim. The parties dispute whether the claim was “provided for” in the Chapter 13 plan. If the plan “provided for” the taxes in dispute, ...
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DECISION AND ORDER OVERRULING CHAPTER 13 TRUSTEE AND DEBTOR OBJECTION TO THE COURT PROCEEDING WITH THE CONFIRMATION HEARING On March 8, 1996, this court, with the mistaken understanding that all objections to the debtor’s proposed Chapter 13 Plan had been heard, confirmed the Plan. After this mistake was brought to the court’s attention, the court sua sponte consulted with the ...
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OPINION This matter was brought before the court on the motion of Old Kent Bank for summary judgment. After reviewing the defendant’s motion, and the plaintiffs reply, I concluded that certain questions of fact existed. After requesting a stipulation of facts, and receiving none, the matter was set for evidentiary hearing which took place October 25, 1996. As a result of that hearing, I make the...
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ORDER GRANTING MOTION BY UNITED STATES FOR SUMMARY JUDGMENT THIS CASE came before the Court to consider the Motion for Summary Judgment filed by the United States of America (the United States) in this adversary proceeding. Amo J. Bertelt (the Debtor) commenced the adversary proceeding by filing a Complaint to Determine Validity and Extent of Liens on May 24, 1995. In his Complaint, the Debtor ...
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ORDER OF CONTEMPT THIS MATTER came before the court on the motion of the debtor, Joe Pete Lovato, for an order holding the Internal Revenue Service, an agency of the United States of *748America (IRS), in contempt for violation of the court’s order discharging Mr. Lovato from his prepetition debts. The court held a hearing on the order to show cause on November 26, 1996. The IRS appeared at the...
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MEMORANDUM OPINION The Court has before it the motion of the United States (“IRS”) to dismiss the Debt- or’s complaint or for summary judgment. A & J Auto Sales, Inc. (“Debtor”) filed a complaint alleging that the IRS willfully violated the automatic stay. This Court has jurisdiction of the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(a) and the “Standing ...
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MEMORANDUM OPINION Hearing was held on May 6, 1996, on GE Capital’s motion for rehef from the automatic stay. The motion was opposed by debtor’s chapter 7 trustee. The trustee argued that, at the time debtor filed its chapter 7 petition, GE Capital’s hens on six of debtor’s tractors were unperfected and were therefore subject to avoidance by the trustee. At the conclusion of the hearing, ...
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ORDER At Butte in said District this 13th day of December, 1996. In this Chapter 7 bankruptcy, after due notice, hearing was held November 12, 1996, at Billings on Defendant’s Motion for Summary Judgment. Counsel for both parties appeared, and agreed to submit the matter on briefs and exhibits. Both parties have filed briefs and at hearing, each stipulated to the other’s exhibits. The Court, the...
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MEMORANDUM This adversary proceeding was commenced by the Chapter 11 Trustee, Michael H. Fitzpatrick, on May 2, 1996, by the filing of a Complaint seeking to avoid and recover nine allegedly preferential payments made by the Debtor to the Defendant, Central Communications and Electronics, Inc., totaling $9,406.18. The Trustee’s action is grounded on 11 U.S.C.A. §§ 547(b) and 550(a)(1)...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE MODIFIED JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE FOR THE CELOTEX CORPORATION AND CAREY CANADA INC. The Celotex Corporation (“Celotex”), Carey Canada Inc. (“Carey Canada”), the Legal Representative for Unknown Asbestos Bodily Injury Claimants (the “Legal Representative”), the Official Commi...
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205 B.R. 216 (1996) In re Miguel MEDINA and Vicki Kathleen Medina, Debtors. UNITED STATES of America, Internal Revenue Service, Appellant and Cross-Appellee, v. OFFORD FINANCE, INC., Miguel Medina, and Vicki K. Medina, Appellees and Cross-Appellants. BAP No. OR-95-1535, OR-95-1616 (Cross-Appeal), Bankruptcy No. 693-6202-PSH11. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING INTEREST OWED TO ALLEN ROTH-ENBERG This decision addresses what interest is owed on a promissory note held by Allen Rothenberg which is secured by a deed of trust on the home of his former wife, Barbara Rothenberg, the debtor. 1 The plaintiff *829 is David A. Roll, receiver of the Ralph D. Kaiser Company, Ine. (...
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MEMORANDUM OPINION This matter came on for preliminary hearing on February 12, 1996, on the Trustee’s final account and report filed January 12, 1996. The New Mexico Department of Taxation and Revenue objected to the report, alleging that it had filed an administrative claim on July 19, 1994, and an amended administrative claim on August 30, 1995, in the amount of $145,976.44 which were not inc...
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MEMORANDUM OPINION On cross motions for summary judgment and stipulated facts this Court determines that defendant’s debt to plaintiff is discharged. Defendant incurred charges with the plaintiff over four semesters for tuition, insurance,' books, housing, and telephone expenses. Defendant paid a substantial portion of these charges with Veteran’s Administration benefits, and a P...
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MEMORANDUM Hearing was held on December 16, 1996, on Objection to Claim of Michael J. Finn and Resistance thereto. Appearances: Thomas D. Stalnaker, Trustee, and Michael J. Finn, pro se. 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 core proceeding as defined by 28 U.S.C. § 157(b)(2)(A). Background ...
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AMENDED ORDER ON MOTION PURSUANT TO FED.R.CTV.P. 59 REGARDING FINAL JUDGMENT The matter under consideration in this Chapter 7 case of Christian George Dreshen, M.D., (Debtor) creates a unique issue presented by the Debtor, who filed the Motion Pursuant to Fed.R.Civ.P. 59 Regarding Final Judgment. The relief sought by the Debtor is in fact a request addressed to this Court to reconsider the Final...
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ORDER ON SECOND MOTION TO DISMISS This is the next and, unfortunately, not yet the last round in this long, drawn-out, ongoing feud between the SEC and Bilzerian (Debtor). The present matter under consideration is the Second Motion to Dismiss the Complaint filed in the above captioned adversary proceeding. The Complaint under consideration was originally filed on August 10, 1992, by Bicoastal, for...
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ORDER ON UNITED STATES TRUSTEE’S OBJECTION TO CONFIRMATION This cause came before the Court on December 3, 1996 at the Confirmation Hearing of Marlon Dunn Contracting, Inc. (Debtor). Ben Lumbers, the U.S. Trustee (U.S. Trustee) objects to the Plan of Reorganization proposed by the Debtor on the theory that the Debtor has failed to provide for full payment of the U.S. Trustee’s fees as required ...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT The matter under consideration is another controversy which has its genesis in the dissolution of marriage of the Debtor but, with a different and unusual twist. In order to put the present controversy in an understandable posture, a summary of the procedural background, particularly the relevant events preceding this Chapter 7 case should be helpful. May...
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ORDER ON EMERGENCY MOTION TO PROHIBIT USE OF CASH COLLATERAL OR FOR ADEQUATE PROTECTION BY AMSOUTH BANK OF FLORIDA THIS IS a Chapter 11 case and the matter under consideration is an Emergency Motion to Prohibit Use of Cash Collateral or for Adequate Protection filed by Amsouth Bank of Florida (Amsouth). Amsouth seeks an order prohibiting Countryside Bowling Center, Inc. (Debtor) from using cash...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION The matter under consideration in this Chapter 7 case is a challenge of the dis-chargeability of a credit card debt owed by Jeremy Ralph Moody (Debtor) to Southtrust Bank of Alabama (Bank). The Bank, in its Complaint, alleges that the Debtor was indebted, and still is, to the Bank in the amount of $3,884.75. The Bank alleges that...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION The matter under consideration in this Chapter 11 case is a challenge of the right of Ronald C. Francisco (Debtor) to the dis-chargeability of specific debts owed by him to Dr. H. Quillian Jones, Jr. (Dr. Jones) and Joseph K. Isley, Jr. (Dr. Isley) (Plaintiffs). The objections to discharge are based on § 727(a)(3) of the Bankrupt...
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MEMORANDUM OPINION This matter comes before the Court on a motion of Mission Foods/Fiesta Jimenez, a *493 division of Gruma, Inc., Family Snacks, Incorporated d/b/a Guy’s Foods, and Guiltless Gourmet (“Petitioning Creditors” or “Creditors”) for reconsideration of an order previously entered that awarded compensation to the debtor’s attorney for work done both before and a...
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ORDER ON OBJECTION TO FEE STATEMENTS BY CARL T. BOAKE AND MOTION FOR RECONSIDERATION OF ORDER ON DEBTOR’S MOTION FOR SANCTIONS THE MATTER under consideration in this Chapter 7 liquidation case is an Objection to Fee Statements by Carl T. Boake and Motion for Reconsideration of Order on Motion for Sanctions. In order to put the present matter in proper focus, a brief recitation of the rele...
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MEMORANDUM I. INTRODUCTION The plaintiff, through her Complaint, seeks a determination that a debt owed to her by John H. MeCartin (the “Debtor”) is excepted from discharge pursuant to 11 U.S.C. § 523(a)(5) or (a)(15). 1 On April 9, 1996, the parties filed a Joint Pre-Trial Memorandum. On September 10,1996, the Court held a trial at which two witnesses testified and th...
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AMENDED ORDER ON (1) MOTION OF MITSUI ENGINEERING & SHIPBUILDING CO.,LTD. AND MITSUBISHI HEAVY INDUSTRIES, LTD. FOR SUMMARY JUDGMENT (Doc. No. 40); and (2) DEBTOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT , ON COUNT III OF ITS CROSS-CLAIM FOR DECLARATORY RELIEF TO DETERMINE THE EXTENT, VALIDITY, AND PRIORITY OF LIENS (Doc. No. 72); AND DEBTOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS V AND VI...
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ORDER ON TRUSTEE’S OBJECTION TO CLAIM This is a Chapter 7 case, and the matter under consideration is the Objection to Claim of Exemption by Diane Jensen (Trustee), and an Answer filed by J. Norris Lee and his wife Rhay E. Lee (Debtors). The exemption claimed by the Debtors involves commissions on renewals of life insurance policies sold by Mr. Lee prior to the commencement of the Case. The Tru...
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ORDER (1) GRANTING DEBTOR, RONALD C. FRANCISCO’S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND (2) DENYING CHAPTER 7 TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT THE MATTERS under consideration are two Motions for Partial Summary Judgment, one filed by Ronald C. Francisco (Debtor), the other by Diane Jensen (Trustee) in the above-captioned Chapter 7 case. The Debtor contends that his interest...
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MEMORANDUM OF DECISION ON OBJECTIONS TO CLAIMS ISSUE Ormond Beach Associates Limited Partnership, the plaintiff, and debtor in possession in this Chapter 11 ease (“Ormond Beach”), objects, by way of an adversary proceeding it filed on November 7, 1994, to two claims filed in its estate by the defendants Citation Mortgage Corp., Citation Mortgage, Ltd. and Citation-Ormond In T...
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MEMORANDUM OPINION 1 This ease involves the Kansas common law doctrine of constructive occupancy of a homestead. Ralph and Velma Collins sued Elmer McRoy in the District Court of Leavenworth County, Kansas, and obtained a default judgment on January 22, 1991. 2 Elmer and his wife, Louise, filed for Chapter 7 relief on January 26,1993, and moved under 11 U.S....
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ORDER ON MOTION FOR RECONSIDERATION THIS IS a dismissed Chapter 11 case and the matter under consideration is a Motion For Reconsideration of this Court’s Order entered on August 9, 1996. The Order granted the Motion to Dismiss and the Motion For Relief from the Automatic Stay, both filed by Barnett Bank of Southwest Florida (Barnett). Both Motions were promptly scheduled for hearing. However...
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MEMORANDUM OPINION 1 The plaintiff in this removed adversary proceeding, SBKC Service Corporation, will be referred to as “SBKC.” It is a subsidiary and assignee of Security Bank of Kansas City, which will be referred to simply as “Security Bank.” The defendant 1111 Prospect Partners, L.P., a limited partnership, will be referred to as “Prospect Partners.” The defendants Wi...
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AMENDED MEMORANDUM OPINION AND ORDER This matter is before the Court on the Objection to Confirmation and the Motion for Dismissal with Prejudice (“Motion”) filed by the Internal Revenue Service. The court ruled from the bench on the IRS Objection to Confirmation by sustaining the objection and finding that the debtor had not filed his 1995 income tax return, making confirmation of his plan imp...
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ORDER DENYING MOTION TO REOPEN CASE THIS MATTER is before the court on the motion of the debtors in the above styled case to reopen this case in order for them to file motions to avoid alleged judgment liens of creditors on their homestead property. This case was a Chapter 7 ease which was filed on August 29, 1994 and closed as a no asset ease on December 7,1994. The instant motion to reopen ...
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MEMORANDUM OF OPINION THIS MATTER is before the court on the Debtor’s Objection to Claim of Alachua County Tax Collector and Motion for Determination of Amount of Unpaid Taxes. The objection was heard on October 2, 1996. During the hearing, I ruled that the Debtor had failed to satisfy his burden of overcoming the presumptive correctiveness of property appraiser’s assessment on the pr...
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ORDER OF CONTEMPT THIS MATTER came on for hearing October 31, 1996 on the motion of the debtors in the above referenced case to hold creditor NationsBank of Delaware, N.A. (“Nations-Bank”) in civil contempt for violation of the automatic stay of 11 U.S.C. § 362(a) and for violation of the discharge injunction contained in 11 U.S.C. § 524(a). The motion and notice of hearing were duly served o...
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Before the Court is a motion by Allan B. Mendelsohn, Chapter 7 Trustee (the “Trustee”) of the Estate of Frank Santora Equipment Corp. and Santora Crane Service, Inc. (the “Debtor”) seeking an order authorizing the Trustee to amend the complaint filed against Mack Financial Corporation (“Mack” or “Defendant”). The Trustee seeks to amend the complaint, which initially sought to avoid a preferential ...
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MEMORANDUM OPINION On June 26, 1996, the chapter 7 trustee, Arlin M. Adams, filed an adversary proceeding against defendant Prudential Securities, Inc. (“PSI”). While the complaint asserts thirty-four claims against PSI, the claims are quite similar for the most part. The trustee contends that PSI received numerous “fraudulent conveyances” within the provisions of 11 U.S.C. § 548(a)(...
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ORDER On this 30th day of December, 1996, the Motions for Summary Judgment filed by both the Plaintiff and Defendant came on for consideration. After a review of the above-referenced pleadings, this Court does hereby enter the following findings and conclusions in conformity with Rule 7062, Fed.R.Bankr.P., in this core proceeding: FINDINGS OF FACT 1. The Plaintiff filed Chapter 7 bank...
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DECISION ON MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO ALLOWANCE OR DISALLOWANCE OF ALLEGED ADMINISTRATIVE CLAIMS ARISING FROM DEBTOR’S REJECTION OF LEASES OF NON-RESIDENTIAL REAL PROPERTY Pursuant to a confirmed chapter 11 plan of reorganization in a prior case (“Jamesway I”), Jamesway Corporation (“Jamesway”) assumed certain non-residential real property leases. In...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS CASE came before the Court to consider the Complaint to Determine Dis-chargeability of Student Loan filed by Eileen Foley, the Debtor in this Chapter 7 case (Debtor). In her Complaint, the Debtor alleges that she owes ELSC the approximate amount of $7,000, that she owes Sallie Mae the approximate amount of $7,500, and that she owe...
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ORDER DENYING DEFENDANT-DEBTOR’S MOTION FOR SUMMARY JUDGMENT, SECOND MOTION TO DISMISS COMPLAINT, AND MOTION TO QUASH PORTIONS OF AFFIDAVIT OF DALE LINGLE AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This adversary proceeding is before the Court on several matters including cross motions for summary judgment. After reviewing the record and evi...
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ORDER DENYING DEBTOR’S APPLICATION TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO F.R.B.P. 2004 Debtor Sunridge Associates has applied for an order requiring Beal Bank to produce *762 documents for inspection and copying pursuant to Rule 1 2004. The application makes reference to “Beal Bank out of Texas” and seeks to obtain relevant appraisal information alleged to be in the possession of Be...
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ORDER ON OBJECTION TO CLAIM THIS CASE came before the Court for a final evidentiary hearing on the Objection to Claim Number 3 of the Internal Revenue Service filed by the Debtors, Danny Coleman Thompson and Wanda Jean Thompson. Claim Number 3 was filed by the Internal Revenue Service (the IRS) in the amount of $21,419.59, and is based on the Debtors’ income tax liability for the tax year endin...
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DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Heard on October 9,1996, on the Plaintiffs Motion for Summary Judgment, and the Defendant’s Objection. The Plaintiff contends that collateral estoppel, based upon a prior state court trial and final judgment, precludes further litigation of the issues raised in the instant Complaint, and that the Plaintiff is entitled to summary ...
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MEMORANDUM OPINION The Court has before it in this chapter 7 proceeding, a Motion to Terminate Automatic Stay and for Abandonment, filed by Wil-Ham G. Martin, a creditor, pursuant to § 362 of the Bankruptcy Code 1 . Also before the Court is the Debtors’ Cross-Motion for Avoidance of Lien brought pursuant to § 522(f)(1) of the Bankruptcy Code. Upon requ...
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MEMORANDUM 1. INTRODUCTION Two motions are before the Court for determination: 1) the Debtors’ “Motion to Modify the Secured Claim of Haymarket Cooperative Bank;” and 2) the Debtors’ “Motion for Determination.” Through their motions, Afonso and Mbiyavanga DaCosta (the “Debtors”) seek a determination that they can modify the secured claim of Haymarket Cooperative Bank (the “Bank”) pur...
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MEMORANDUM OPINION The Court held a hearing on August 7, 1996, on the Debtors’ Objection to Proof of Claim of the Internal Revenue Service. The Court has considered the arguments of counsel for the parties, the testimony of the witnesses, and post-trial briefs. This Memorandum Opinion is issued as written findings of fact and conclusions of law under Bankruptcy Rules 7052 and 9014. Finding...
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ORDER SUSTAINING OBJECTION TO CLAIM Kenneth McGehee filed a claim in this case on April 9,1996. That claim was docketed as Claim No. 2 in the amount of $12,869.83. The matter before the Court is the Debtor’s Objection to Claim No. 2 filed on May 13, 1996. After notice, a hearing was held on June 17, 1996 and the matter was taken under advisement. On August 12, 1996 a status...
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ORDER ON MOTION FOR RELIEF FROM STAY (Filed by Bobby É. Collier and Beverly K. Collier) The matter before the Court in this Chapter 11 case is a Motion for Relief from Stay filed on June 17, 1996 by Bobby E. Collier and Beverly K. Collier, the mortgagees of the debtor. After notice, a hearing was held on August 8, 1996. Dr. Mark D. Clay, the debtor; Steven C.R. Brown, ...
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MEMORANDUM OPINION Brian Maloney (“Debtor”) has moved by order to show cause for, among other things, a determination that the automatic stay arising under 11 U.S.C. § 362(a) in this Chapter 7 case operates to preclude his continued incarceration pursuant to a state court order. Specifically, the Debtor seeks relief from a commitment order issued by the Supreme Court of the State of New York,...
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MEMORANDUM The Court confronts today the troubling question of unauthorized postpetition transfers of retainer funds by debtor’s counsel. Factual Background This case began as a Chapter 11 proceeding on September 30, 1994. On November 10, 1994, David Chinn (“Chinn”) filed a Motion requesting approval to act as counsel for the Chapter 11 debtor-in-possession, disclosing the receipt of a $10,000...
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MEMORANDUM OPINION & ORDER This adversary proceeding comes before the Court on the complaint of Michael H. Spencer (“Spencer”) to determine the dis-chargeability of the defendants debt to him under 11 U.S.C. § 523 and on Spencer’s objection to the discharge of the Hattons under 11 U.S.C. § 727. 1 The defendants’ filed an answer on April 3, 1996, and the Court conducted an Initi...
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OPINION AND ORDER SUSTAINING OBJECTIONS TO EXEMPTIONS This matter is before the Court on the objections of Trustee John J. Hunter (“Trustee”) and the Village of Montpelier (“Village”) to the claimed homestead exemptions of David and Darlene Downs (the “Debtors”) under 11 U.S.C. § 522(g) based on the Debtors’ alleged prepetition fraudulent transfer of their home at 509 S. Monroe St. in Mon...
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OPINION Bill and Lucy Wilborn (“Debtors”) have appealed the bankruptcy court’s decision to reopen their bankruptcy case to allow creditors Lori Gallagher and Richard Names (“Appellees”) to file a complaint to determine dischargeability of a debt. We AFFIRM. STATEMENT OF FACTS Debtors filed a voluntary Chapter 7 1 petition on March 16, 1994. Prior to the bankruptcy, Appellees notified De...
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OPINION The debtor, Duvar Apt., Inc., appeals from an order of the bankruptcy court granting relief from the automatic stay. Immediately after the debtor filed for chapter 11 2 relief, creditor Amresco filed a motion for relief from the automatic stay in order to foreclose on the debtor’s sole asset, an apartment building. The bankruptcy court granted relief from the stay o...
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*983 OPINION First Card filed a complaint seeking a determination that the debtor’s outstanding credit card debt was nondisehargeable pursuant to § 523(a)(2)(A).2 After a trial, the bankruptcy court entered judgment in favor of the debtor and ordered First Card to pay the debtor’s attorney’s fees and costs pursuant to § 523(d). First Card appeals. We AFFIRM in part and REVERSE in part. I. FACTS...
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OPINION Bonnie Bowman’s (“Bowman”) predecessor obtained and recorded a certified copy of a federal judgment against the debtor in California. Several years later, Creditor Ford Consumer Finance Company’s (“Ford”) predecessor extended credit to the same debtor and secured payment by taking an alleged first deed of trust on debtor’s California property. After the debtor defaulted on For...
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MEMORANDUM OPINION The Court held a hearing on September 10, 1996 upon the Motion of the United States Trustee to Dismiss Annette T. Keiser as a debtor in this case. At the conclusion of the argument made by the U.S. Trustee and counsel for the debtor, the Court stated that it would make its ruling in writing. Accordingly, this Memorandum Opinion shall serve as written Findings of Fact and Co...
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ORDER GRANTING TRUSTEE’S MOTION FOR TURNOVER This ease came on for consideration on the Motion for Turnover of Property of the Estate (the “Motion”) (Doc. No. 13) filed by Leigh R. Meininger (the “Trustee”). The Motion seeks turnover of an income tax refund of $2,973.00 received by the debtor, James E. Dussing, Jr. (the “Debtor”), to the Estate. Both parties agree that the prorated amount of ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This adversary proceeding was heard on October 16, 1996, on the Complaint of Sears, Roebuck & Company (the “Plaintiff”) to determine the dischargeability of certain debts (the “Complaint”) (Doc. No. 1). Specifically, Plaintiff seeks to except from the discharge of the debtor/defendant, Toni A. Crisafi (th...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION BY DEBTOR TO COMPLETE CHAPTER IS PLAN This case was heard on October 15, 1996, on the Motion of Charles D. Easley (the “Debtor”) to Complete his Chapter 13 plan (the “Motion”) (Doc. No. 29). Specifically, the Debtor seeks permission to pay all remaining amounts owed under his Chapter 13 plan using money borrowed from his parents. After reviewi...
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OPINION The Court has before it the confirmation of Debtor’s First Amended Chapter 13 Plan. The Attorney General of Texas, Child Support Division, objected to confirmation of Debtor’s Plan. At the conclusion of the hearing, the matter was taken under advisement. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr.Proc. 7052 and dispo...
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OPINION NOW before the court for consideration is the Motion of Voluntary Purchasing Groups, Inc. (“VPG”) for Limited Modification of the Automatic Stay Pursuant to 11 U.S.C. § 362(d). This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr. Proc. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND ...
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ORDER In this adversary proceeding, this Court, in an Order dated October 16, 1996, directed the parties to file briefs addressing whether Plaintiff Donald J. Thomas’ (Thomas) complaint was timely filed under F.R.B.P. 4007(c). Both parties have filed briefs and the Court deems the matter ripe for adjudication. Thomas seeks to except from discharge, pursuant to 11 U.S.C. § 523(a)(6), an alleged $...
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OPINION COMES NOW before the Court for consideration the Motion by Debtor for Conversion to Chapter 7 and the Request for the Allowance of an Administrative Expense Pursuant to Section 503(b) filed by Volvo Car Finance, Inc. (“Volvo”). These matters were combined for hearing. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed. R....
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MEMORANDUM OPINION AND ORDER DETERMINING NONDISCHARGE-ABILITY OF DEBT This matter came before the Court for trial on April 16, 1996 and June 4, 1996 upon the Plaintiff/Creditor, Virginia Abrahamson’s Complaint to Determine Dischargeability of Debt. Plaintiff, a former patient of the Debtor/physician, seeks an order declaring the debt owed to her pursuant to a medical malpractice judgment non-...
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MEMORANDUM OPINION This matter came before the Court on Debtor’s, Kathleen Mollon (“Mrs. Mollon”), Renewed Motion to Avoid Lien Held by Marine Midland Bank (Doc. 68) and Marine Midland Bank’s (“Marine Midland”) Objection to Renewed Motion to Avoid Lien Held by Marine Midland Bank (Doc. 70). Appearing before the Court were Peter Hill, counsel for the Debtors, Ronald Mollon (“Mr. Mol-lon”) and Mr...
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MEMORANDUM OPINION This matter came before the Court on the Trustee’s Motion to Dismiss Case for Bad Faith Filing (Doc. 7). Appearing before the Court were Andrew Baron, counsel for the Debtor, Frank Paul Buceo; and the Trustee Richard A Palmer. After reviewing the Motion, arguments of counsel, and authorities for their respective positions, the Court makes the following Findings of Fact and ...
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MEMORANDUM OPINION This matter came before the Court on the application of Plaintiff, Mary Benell Thornton, seeking attorney’s fees and costs. After reviewing the pleadings, evidence, exhibits, and arguments of counsel, the Court makes the following Findings of Facts and Conclusions of Law. FINDINGS OF FACT Edward C. Denton (“Debtor”) filed for relief under Chapter 7 of the Bankruptcy C...
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MEMORANDUM OPINION This matter came before the Court on Plaintiffs, Leigh R. Meininger (“Trustee”), Complaint for Declaratory Relief (Doc. 1). Appearing before the Court were James E. Foster, attorney for the Trustee, Leigh R. Meininger; and Richard B. Webber, attorney for the Defendant, Mrs. Wood. After reviewing the complaint, arguments of counsel, and authorities for their respective position...
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MEMORANDUM OPINION This matter came before the Court on The Bradfordt Co.’s Motion for Summary Judgment (Doc. 7). After reviewing the pleadings, evidence, arguments of counsel, and authorities for their respective positions, the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT Hallmark Builders, Inc., (“Debtor”), filed a voluntary petit...
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*389 MEMORANDUM OPINION AND ORDER RE COMPLAINT EXCEPTING DEBT TO TERESA DAWN ARMSTRONG FROM DISCHARGE The plaintiff, Teresa Dawn Hall, filed this complaint seeking to except from discharge a debt owed by the debtor, Terry Hall Armstrong. The plaintiff alleges that the defendant debtor is indebted to The Bank of Milan (“Bank”) with respect to certain indebtedness for which the debtor was order...
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ORDER GRANTING MOTION OF PLAINTIFF FOR LEAVE TO FILE AMENDED COMPLAINT AND DENYING MOTION OF CREL PETROLEUM, INC. FOR DISMISSAL AND FOR IMPOSITION OF SANCTIONS This adversary proceeding came on before the Court for hearing on the motion of Crel Petroleum, Inc. (“CPI”) for dismissal and for imposition of sanctions, and upon the Plaintiffs motion for leave to file an amended complaint and to join a...
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BBL ORDER OF CONFIRMATION OF FIRST AMENDED CREDITOR’S CHAPTER 11 PLAN OF REORGANIZATION This matter came before the Court on August 21, 1996, and on September 4, 1996, for a hearing on the First Amended Creditor’s Chapter 11 Plan of Reorganization for BBL filed on May 28, 1996, by Talent Tree Personnel Services, Inc. (Talent Tree). ' BBL Group Inc. (BBL) filed an objection to confirma...
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ORDER RE MOTION TO AVOID LIEN AND OBJECTION TO EXEMPTION On November 21, 1996, the above-captioned matter came on for hearing pursuant to assignment. Debtors appeared in person with Attorney Michael Bowman. The Chapter 7 Trustee, Thomas McCuskey, was present. Also present was Objector Farm Service Agency through Assistant U.S. Attorney Martin McLaughlin. The matters before the Court are a Mot...
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*154 ORDER RE: DEFENDANT’S MOTION FOR DETERMINATION OF RIGHT TO TRIAL BY JURY AND FOR TRANSFER OF ADVERSARY PROCEEDING TO UNITED STATES DISTRICT COURT This adversary proceeding came on before the Court for hearing on the Defendant’s motion for determination of its right to trial by jury and for transfer of this adversary proceeding to the United States District Court for this Dis...
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MEMORANDUM This case involves cattle — cattle brought to a stockyards, Bowling Green Livestock Market, Inc. (hereinafter referred to as “BGLM”), by a convicted larcenist, the Debt- or in this involuntary bankruptcy case. George Young (‘Young”), is the owner of a ranch in Texas where he raises Black Angus Cattle. Findings of Fact The story unfolds around the middle of Oct...
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MEMORANDUM DECISION I. Preliminary Statement This is the final analysis of the rather prolonged and convoluted history concerning the quest of the law firm of Cohen, Brame & Smith (the “Firm”) to recover attorneys’ fees and costs as to its representation of the Debtors. 1 The Firm has abandoned any request for compensation as an administrative expense of the Debtor...
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MEMORANDUM OF DECISION AND ORDER CONFIRMING DEBTOR’S FIRST AMENDED PLAN OF REORGANIZATION AND DETERMINING HUD’S CLAIM The debtor seeks to confirm its plan of reorganization and the United States, through the Department of Housing and Urban Development (“HUD”) objects on the grounds the plan is not proposed in good faith and is not feasible. The plan is to sell the debtor’s sole asset, a 120...
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MEMORANDUM OF DECISION Presently before the Court is the objection to confirmation and motion to dismiss filed by Connie Griffith, a secured creditor and the former wife of Debtor, Russell D. Griffith. Mrs. Griffith’s motion was filed On September 24, 1996. A hearing on this matter was conducted on October 30, 1996 and the cause was taken under advisement. For the reasons stated below, Mrs. Gri...
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ORDER This matter comes before the Court as a result of a Motion for a Stay Pending Disposition of a Motion for Withdrawal of Reference (the “Motion”). California State Bank (the “Bank”) filed the Motion, to which the Debtor, TJN, Inc. (“TJN”), objected. The Defendants Superior Container Corporation (“Superior”), John T. Thompson, Jimmy R. Phelps, Thompson Leasing Co., LLC and Phelps Leas...
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ORDER THIS MATTER comes before the Court upon the Debtor’s pro se motion filed September 3, 1996 to reopen his Chapter 7 case pursuant to 11 U.S.C. § 350. 1 After receiving the testimony at the hearing on the motion on October 15, 1996 and considering the evidence, the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. On...
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MEMORANDUM AND ORDER ON OBJECTION TO CLAIM Alan D. Sibarium, the chapter 7 Trustee (“Trustee”), has filed an objection to the priority status of a prepetition claim of the accounting firm, Karp, Leonetti & Co., P.C. (“Respondent”), seeking a determination that the Respondent’s claim be disallowed as an administrative priority. The Trustee proposes that the claim be allowed as a general unsecured ...
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ORDER DISMISSING CASE On March 11, 1996, James Vann Pruitt (“Pruitt”) filed his voluntary petition for relief under 11 U.S.C. Chapter 13 in this Court. On March 19, 1996, Pruitt filed his Chapter 13 plan; and hearing on confirmation of the plan was set for April 24, 1996. On April 2, 1996, creditor United States of America ex rel. Internal Revenue Service (“U.S.A.”) objected to confirmation of t...
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MEMORANDUM OPINION A trial was held on April 17, 1996, on the plaintiffs complaint to determine the dis-chargeability of a debt for advance wages paid to the debtor, who was employed as a caregiver to the plaintiffs elderly mother. 1 The debtor quit not long after receiving the advance, refused to return the unearned portion, and, when sued in state court for breach of contract...
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ORDER Plaintiff, AT & T Universal Card Services Corporation (“AT & T”), filed the instant *50 adversary complaint on June 10, 1996, seeking to have the debt declared non-discharge-able under 11 U.S.C. § 523(a)(2)(A) for actual fraud. The complaint alleges Debtor/Defendant, Cynthia Duplante (“Debtor”), filed a Chapter 7 bankruptcy petition on March 12, 1996, and then alleg...
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MEMORANDUM OPINION This adversary proceeding is before the court on the cross motions of the plaintiff, the National Labor Relations Board of the United States (“NLRB”), and the defendant, Ramona Odessa Fogerty (the “Debtor”) for summary judgment under Fed.R.CivJP. 56, made applicable to proceedings before this eourt by Fed.R.Bankr.P. 7056. 1 The Debtor, who appears p...
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*398 MEMORANDUM OPINION Trial on plaintiff’s complaint to except a credit card debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) was held on October 2, 1996. At the conclusion of trial the court announced findings of fact and conclusions of law, ruling that judgment would be entered for the plaintiff. This opinion supplements the court’s bench ruling on the issue of debtor’s intent...
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MEMORANDUM OPINION This case is before the court on the joint motion of the debtor and the disbursing agent under the debtor’s confirmed chapter 11 plan for an order determining they are not obligated to resume quarterly payments to the United States Trustee as mandated by recent amendments to title 28 U.S.C. § 1930(a)(6). FINDINGS OF FACT: The debtor filed an individual petition for reli...
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OPINION OVERVIEW Prior to filing bankruptcy, the debtors, Fred and Sandra Ditter, sued their former counsel for malpractice, alleging that counsel’s negligence caused dismissal of a suit for wrongful termination of employment. While litigating the malpractice action, the debtors filed a chapter 7 bankruptcy ease. The debtors anticipated that the Chapter 7 trustee would abandon the malpractice su...
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*211OPINION I FACTS The parties stipulated. to the following facts: On November 11, 1994, Sysco Foods Company, Inc. (“Sysco”) and Harris-Shcolnik & Associates, Inc. (“Harris”) filed a complaint in state court against Eldercare Housing Foundation, Inc. (“Eldercare”), together with an application seeking prejudgment writs of garnishment and attachment. On December 6, 1994, the state court issued an...
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MEMORANDUM OPINION Trial was held November 4, 1996, on Consolidated Bank & Trust Company’s complaint to except a debt from debtor’s discharge in bankruptcy pursuant to 11 U.S.C. § 523(a)(6). At the conclusion of trial the court announced findings of fact and conclusions of law from the bench and ruled that judgment would be entered for the debtor. This opinion supplements my benc...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The within contested matters are before the Court by way of two motions filed by Niagara Mohawk Power Corporation (“NIMO”). NIMO’s first motion seeks to terminate (“termination motion”) payments it makes to Megan-Racine Associates, Inc. (“Debtor”) pursuant to New York Public Service Law § 66-c(2) (“6$ payments” or “PSL § ...
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MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Station Road Properties, LLC, as successor to Mack Properties, Co. (“Mack”), seeks summary judgment allowing its lease rejection damage claim as an administrative priority expense in these eases (collectively, “Jamesway II”) based on an order (defined below as the “Assumption Order”) entered in different chapter 11 c...
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JUDGMENT Based upon the Findings of Fact and Conclusions of Law as recited in the attached Order of the Court, the Motion to Dismiss filed by California State Bank on November 4, 1996 and the Motion to Dismiss filed by John T. Thompson, Jimmy R. Phelps, Thompson Leasing Co. and Phelps Leasing, LLC on November 20, 1996 are denied and the Movants have ten days from the entry of this order t...
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MEMORANDUM OPINION The court has heard the Motion for Emergency Relief from Stay of Borokini Investment Corporation and Oluwafemi Iroh Against Punlabs Quality Products, Ltd. (Docket No. 8) and the Original Petition In Intervention (Docket No. 20) filed by Ebony Pharmaceutical Manufacturing, Inc. and National Commerce Corporation. After considering the pleadings, evidence, and arguments of counse...
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205 B.R. 592 (1996) In re Paul T. LOCKE, Elfriede H. Locke, d/b/a Roxbury Properties, and Elfriede H. Schneider, Debtors. Paul T. LOCKE, Appellant, v. UNITED STATES TRUSTEE, James A. Milner, and Elfriede H. Locke, Appellees. BAP No. CC-95-1842-HMeJ, Bankruptcy No. LA93-26758 VZ, Adv. LA93-04407. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted March 20, 1996. De...
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OPINION STATEMENT OF FACTS The debtors, Jack and Colleen Gosney, were social acquaintances and business partners of Richard Riel, a mortgage broker. At all relevant times herein, debtors and Riel jointly owned two investment properties. In September 1990, debtors purchased a single family residence in San Diego, California. Debtors applied for a construction loan on the ...
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OPINION This is an appeal from an order denying confirmation of a Chapter 13 plan. The debtors had proposed a plan calling for payments of $1726.00 per month for 54 months, with most of this going to the holder of the mortgage on the debtors’ home. The only objection was raised by the Chapter 13 trustee. He argued that the “disposable income” provision of section 1325(b)(1)(B) was no...
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OPINION I The bankruptcy court held that the student loan obligation of Mario Manriquez (“Debtor”) to the Massachusetts Higher Education Assistance Corporation dba American Student Assistance (“Student Assistance”) was nondischargeable under § 523(a)(8)(A) 2 . The Debtor appeals. We REVERSE the judgment and REMAND with instructions to enter judgment for the Debtor. II FACTS The follow...
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MEMORANDUM OPINION REGARDING FEE DISGORGEMENT Before the Court is the complaint of Daniel E. O’Connell, Standing Chapter 13 Trustee, against Frank E. Mann, III, seeking the reduction or disallowance of attorney’s fees previously unobjected to in 155 Chapter 13 bankruptcy cases, the disgorgement of any fees already received, and modification of the confirmed plans awarding attorneys fees. Also b...
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*935 FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter comes before the Court on the Debtor, Material Corporation, Inc.’s, Supplemental Objection To Claims Of The Internal Revenue Service, filed herein on March 29, 1993, and the Internal Revenue Service’s Amended Proof Of Claim, filed herein on July 3, 1990. The Debtor’s Supplemental Objection alleges the Internal Revenue Service (“IRS”) ...
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MEMORANDUM OPINION Before the Court is an objection to confirmation of the Debtor’s Chapter 13 plan filed by Lynda Styskal (“Styskal”), an unsecured creditor in the instant bankruptcy case. Styskal asserts, among other things, that the Debtor’s plan does not provide for the submission of all of the Debtor’s projected disposable income over the plan’s life and is not proposed in good f...
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ORDER OVERRULING OBJECTION TO AMOUNT OF CLAIM OF INTERNAL REVENUE SERVICE THIS CASE came before the Court to consider the Objection to Amount of Claim of Internal Revenue Service filed by the Debt- or, Arno J. Bertelt. The Objection initiaKy related to Claim No. 4 filed by the Internal Revenue Service (IRS) in the amount of $39,-736.96. The United States of America filed a Response by Uni...
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ORDER DISMISSING CASE This case is before the Court upon a motion filed by Mercantile Bank (Mercantile) to dismiss the Chapter 13 petition of Kathleen Inmon (Debtor). Mercantile, 1 the principal creditor in the case, cites bad faith and fraud on the court as cause for dismissal pursuant to 11 U.S.C. § 1307(c) (1994). After a hearing on the motion on October 4, 1996, the matter was taken und...
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*740 MEMORANDUM OPINION Before the Court is the motion for remand (“Remand Motion”) filed by plaintiff Milton Steinman (“Steinman”) in the above-captioned adversary proceeding. Steinman originally filed the litigation (the “Steinman Litigation”) which is the subject of this adversary proceeding in the Court of Common Pleas of Philadelphia (“State Court”). However, upon filing...
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OPINION INTRODUCTION This matter comes before the court by way of order to show cause in support of a verified complaint of debtor/plaintiff, Edward T. Curtin, Jr. to discharge any and all surcharges outstanding to defendant, State of New Jersey, Division of Motor Vehicles— Surcharges (“State of New Jersey”). The debtor/plaintiff also requests the court direct the State of New Jersey to a...
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OPINION AND ORDER 1 Before the court is an objection of Commonwealth Bank, a division of Meridian Bank, to the Debtors’ Motion to Convert the abové-captioned Chapter 11 case to one under Chapter 13. The primary issue concerns the eligibility of these Debtors to file a Chapter 13 case and, in particular, whether the Debtors’ exceed the dollar limits found in 11 U.S.C. § 109....
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OPINION AND ORDER Linda S. Colangelo, now known as Linda S. Colangelo Brown, divorced Douglas A. Colangelo, the Debtor herein, on August 13, 1993. While that may have ended the marriage, the financial controversy over this dissolution was decided by a master in divorce and an interim order approving that report on November 10,1993. Timely exceptions to that report were filed and the T...
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OPINION AND ORDER The Metropolitan Metals, Inc. (“Metropolitan”) bankruptcy was filed under the Bankruptcy Act of 1898 and began as an involuntary petition filed March 29, 1979. The case has spawned various issues dealing with recusal and disqualification currently pending before this court and are dealt with herein. The case was originally referred by the district court to Bankr...
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OPINION AND ORDER PROCEDURAL HISTORY On January 18, 1995, the Debtor, Continental Energy Associates Limited Partnership, (“CEA”), filed a complaint requesting injunctive relief against Hazleton Fuel Management Company, (“Hazleton”). Prior to CEA’s bankruptcy on November 14, 1994, Hazleton supplied natural gas to CEA on an ongoing basis through a fifteen (15) mile pipelin...
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OPINION AND ORDER 1 In the matter of Pocono Truck Wash, Inc., the chapter 7 Trustee has moved for sanctions and an order of contempt against Darryl Shapiro, Esquire, counsel for the Debtor. William G. Schwab, Esquire, was duly appointed as the chapter 7 Trustee in this matter. Several § 341 meetings were scheduled at the Jury Assembly Room, Monroe County Courthouse in ...
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OPINION Joseph and Natalie Solfanelli, together with Carmen Tomaine, were indebted to Meridian Bank (“Bank”) in the approximate amount of $4.8 million dollars when the Solfanellis filed for bankruptcy under the provisions of Chapter 11 of the United States Bankruptcy Code on October 12,1990. At the time of filing, the Bank had as collateral for this debt, some real estate, but mo...
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OPINION AND ORDER The facts are not in dispute and are stipulated to in document # 65 filed January 9, 1996. The Debtors, Rodney and Shirley Snyder, trading as Bowman’s Super Service, filed for relief pursuant to chapter eleven on July 31, 1995. On Schedule C of their petition, the Debtors claimed as exempt their interest in two separate IRAs in the total amount of Three Thousand Eight Hund...
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OPINION AND ORDER The Movants are Federated Mutual Insurance Company (“Federated”) and National Grange Mutual Insurance Company (“NGM”). They are bonding companies asking for relief from the automatic stay to pursue the Debtor-In-Possession, Falcon Oil Co., (“Falcon”) for sums that they were requested to pay the Commonwealth of Pennsylvania. Those sums approach $1.3 million dollars. Many of...
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ORDER AND OPINION The Debtors-in-Possession entered into an agreement of sale with William E. Rinehart, which agreement provided that the major asset of the estates, i.e., a Ford dealership including the real estate, would be sold to Rinehart for the sum of Seven Hundred Twenty-Five Thousand Dollars ($725,000.00). The parties specifically agreed that the sale would not be subject to “...
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OPINION These matters are before the Court on a Motion to Review Compensation of Debtor’s Attorney Pursuant to Section 329 filed by the Case Trustee in In re Chellino, Case No. 96-90941,- and upon a Motion to Show Cause filed' by the U.S. Trustee in the other eleven cases captioned above. For the purpose of this Opinion, these cases have been consolidated in that the issue ...
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ORDER This matter comes before the Court upon the Motion to Determine Secured Status of the claim of the Internal Revenue Service (“IRS”) filed by the Debtor on July 24, 1996 and the Debtor’s Motion to Amend Schedule C of his bankruptcy petition filed on September 10, 1996. Responses to the two Motions were filed by the IRS on September 10 and October 9, 1996 and, after several continuances, a ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER came before the Court on the motions for summary judgment filed by the respective parties on July 10, 1996. Plaintiff, Perry Nolan Brewer, (“Debtor”) seeks to avoid the interest held by the United States of America (“USA”) pursuant to Sections 522, 544, 545, 547, 549 and 551 of Title 11, and Rule 7001 Fed. R. Bank. P. Debtor’s motion for sum...
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MEMORANDUM DECISION AND ORDER This contested matter is before the court by virtue of a motion by United States Trustee (“UST”) pursuant to Bankruptcy Code § 707(a) (11 U.S.C. §§ 101-1330 hereinafter the “Code”) seeking dismissal of the voluntary Chapter 7 bankruptcy case filed by Gary G. Griffieth and Josefina V. Griffieth (“Debtors”). This matter is within the court’s core jurisdiction pursuan...
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ORDER CONFIRMING JAMKO, INC.’S SECOND AMENDED PLAN OF REORGANIZATION A hearing was held on November 20, 1996, at 9:30 a.m., to consider the confirmation of the Second Amended Plan of Reorganization, dated September 12, 1996, filed by JAMKO, INC., under chapter 11 of the Bankruptcy Code (the “Plan”). FINDINGS OF FACT AND CONCLUSIONS OF LAW The Plan having been transmitted to ...
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MEMORANDUM DECISION AND ORDER (Motion to Lift Stay) By Notice of Motion, dated August 9,1996, Wendover Funding Inc. (‘Wendover”) sought an order lifting the automatic stay pursuant to 11 U.S.C. § 362. The debtor, Philip Wilcox (“Debtor”), opposed the relief requested. Numerous papers were thereafter filed with the Court. A hearing was held on September 25, 1996, following which the Court re...
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MEMORANDUM OPINION This matter is before the court on the motion of The Equitable Life Assurance Society of the United States (“Equitable”) to require the debtor’s former counsel, Arnold & Porter, to disgorge a prepetition retainer on the ground that the retainer represents cash collateral subject to Equitable’s lien. The debtor, 1560 Wilson Boulevard, L.P., filed memoranda in opposition ...
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MEMORANDUM OPINION This matter is before the court on the motion of The Equitable Life Assurance Society of the United States (“Equitable”) to require the debtor’s former counsel, Arnold & Porter, to disgorge a prepetition retainer on the ground that it represents cash collateral subject to Equitable’s lien. The debtor, 1550 Wilson Boulevard, L.P., filed memoranda in opposition to Equitab...
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REASONS FOR DECISION The referenced eases involve the same parties and identical issues of law and fact. Athough the matters were not consolidated, the issuance of only one written opinion is appropriate. Ernest Ray Lafanette (“Lafanette”) filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code on November 8, 1994, and on that day an order for relief was duly en...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after trial upon Plaintiffs Complaint to Determine the Dischargeability of a Debt. This Court has reviewed the written arguments of counsel, evidence presented at trial, as well as the entire record in the case. Based upon that review, and for the following reasons, the Court finds that the debt of Donald R. Mills, Jr. to H.P. ...
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ORDER This case came before the court on April 9, 1996, for hearing upon the objection to valuation filed by Avco Financial Services (“Avco”) in which Avco objected to the valuation of a sofa and recliner in Debtors’ Chapter 13 plan. Debtors valued the sofa and recliner at $690.00 and propose to treat the rest of Aveo’s claim as unsecured. Avco contends that the sofa and recliner should be va...
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MEMORANDUM OPINION This ease came before the court on October 24, 1996, for a confirmation hearing on the Debtor’s second amended plan (“the plan”). Gene B. Tarr appeared on behalf of *480 the Debtor. The plan is supported by the Committee of Limited Partners (“the Committee”). Thomas W. Waldrep, Jr. appeared on behalf of the Committee. The plan is opposed by Berkeley Fed...
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OPINION These matters come before the court on objections to confirmation filed by Hollowell Furniture Company in the Shaw and Wilson cases and by ABC Furniture Company in the Ross case; and the court, having considered said objections, as well as, the responses thereto, filed by the attorney for the respective debtors, hereby finds, orders, and adjudicates as follows, to-wit: I. The cour...
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MOTION FOR SUMMARY JUDGMENT Trustee, Wiley A Wasden III (hereinafter “Trustee”), filed this three count adversary proceeding on February 22, 1996, seeking (1) the release of certain hens by taxing authorities, (2) the recovery of payments made in satisfaction of tax hens, and (3) the authority to sell real property of the estate of Herbert M. Owens free and clear of pre and post-petit...
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ORDER ON DEBTORS’ MOTION TO AMEND PETITION This matter comes before the Court on Betty Y. Johnson’s Motion to Amend Petition in her Chapter 7 case. This proceeding is a core matter under 28 U.S.C. Section 157(b)(2)(A). For the reasons stated in this memorandum opinion, the Court will deny Debtor’s motion. These findings of fact and conclusions of law are entered pursuant to Fed.R.Bankr.P. 705...
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ORDER RE: MOTION FOR NEW TRIAL March 14, 1996, the debtor, through counsel, filed a Motion For New Trial with respect to the court’s Findings of Fact, Conclusions of Law, and Ruling denying confirmation of the debtor’s amended and modified plan. The court has considered the pleadings and now rules. As a threshold matter, the plaintiff’s motion is properly characterized as a motion to alter th...
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OPINION Eric Steiner (the “Debtor” or “Steiner”) filed a voluntary petition for relief under Chapter 7 on July 8, 1994, and the first meeting of creditors was scheduled for August 30, 1994. Accordingly, the date by which creditors must file an objection to discharge or dischargeability was fixed at October 31, 1994, and creditors were so notified. On October 28, 1994, counsel for...
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MEMORANDUM OPINION This adversary proceeding was referred to this Court on September 25, 1996, pursuant to the Order of Referral to the United States Bankruptcy Court for the Western District of Missouri. Said adversary proceeding was received by the United States District Court for the Western District of Missouri pursuant to an order transferring venue filed by the United States Dis...
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ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This adversary proceeding came on for consideration on the Motion for Summary *765 Judgment (the “Motion”) filed by George E. Mills, Jr. (the “Trustee”) (Doe. No. 13). The Trustee filed a memorandum of law (Doc. No. 14) in support of the Motion and the debtors/defendants, Philip B. Grotewohl and Ameritrust Properties, ...
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ORDER CONVERTING CASE TO CHARTER 7 This case came on for hearing on the Amended Order Denying Confirmation (Doc. *999 No. 520) which denied confirmation of the Fourth Amended Plan of Reorganization filed by the debtor, Hamlin Terrace Health Care Center (the “Debtor”), and scheduled a hearing, held on December 3,1996, to consider whether conversion or dismissal of this case is in the best in...
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MEMORANDUM OF DECISION This matter came before the court on the defendants’ removal of this lawsuit from Marion County Circuit Court to the Bankruptcy Court and the plaintiffs’ subsequent request that the Bankruptcy Court remand the suit back to state court. After reviewing the pleadings, documents and the briefs of the parties in the context of applicable law, the court finds that th...
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ORDER ON MOTIONS TO AMEND PRE-TRIAL First American Bulk Carrier Corporation (“FABC”) has asked this Court to reconsider and amend the Pre-Trial Order filed on August 12, 1996, to recognize its standing to pursue a Section 506(c) claim against Ambassador Factors’ collateral consisting of freights of the final voyage of the MTV Delaware Bay. That Motion is denied. Although FABC correctly argues th...
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ORDER In this Chapter 7 bankruptcy, Plaintiff Don Torgenrud, the Chapter 7 Panel Trustee filed on April 7, 1995, separate adversary proceedings against Debtor Ted Wolcott (“Wolcott”), and against Defendant Gail Benson (“Benson”). Adversary complaint 95/00030 against Wolcott seeks to deny Debt- or’s general discharge. Adversary complaint 95/00029 against Benson seeks to avoid preferential or fra...
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MEMORANDUM-OPINION This matter is before this Court on the Motion of Plaintiff, Kentucky Farm Bureau Mutual Insurance Company (“Kentucky Farm Bureau”), for Summary Judgment and the Cross-Motion of Defendarit/Débtor, De-ryl Wayne Peppers (“Debtor”), for Summary Judgment. Kentucky Farm Bureau filed this Adversary Proceeding, seeking a determination that its claim against Debtor is nondischargea...
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ORDER ON DEBTORS’ COMPLAINT FOR TURNOVER OF PROPERTY OF THE ESTATE AND MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION Debtors’ Chapter 11 cases were filed February 21, 1996. An adversary proceeding seeking the above relief was filed February 22, 1996, and set for a hearing at Noon on February 22. Due and sufficient notice to Defendants was give...
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ORDER ON APPLICATION FOR ALLOWANCE OF ATTORNEY’S FEES BY MARVIN L. PIPKIN Debtor’s attorney, Marvin L. Pipkin, filed the above application on April 2, 1996, and this Court scheduled the matter for a hearing in Brunswick, Georgia, on May 2, 1996. In the application Mr. Pipkin seeks compensation totalling $62,625.50 for professional services rendered to the Debtor, Concrete Products, In...
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ORDER FOR THE APPOINTMENT OF AN EXAMINER The Debtors’ Chapter 11 cases were filed on February 21, 1996. Simultaneously with *993 the filing of the case, Debtors filed a Complaint for Turnover against the United States, applications for appointment of various attorneys to represent Debtors, and an application to employ Chamberlain and Cansler, Inc., as independent managers...
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ORDER ON DEBTOR’S MOTION TO EMPLOY INSIDER HAROLD ZELL NUNC PRO TUNC AND MOTION TO COMPENSATE AND REIMBURSE HAROLD ZELL Harold Zell, chief executive officer and president of the board of directors of Concrete Products Inc. (hereinafter “Debtor”), filed the above Motion on April 8, 1996, and this Court scheduled a hearing in Brunswick, Georgia, on May 2, 1996. In the application, Zell ...
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OPINION ON MOTION TO TRANSFER ADVERSARY PROCEEDING Union Security Life Insurance Company filed a motion to transfer the above-styled adversary proceeding to the United States Bankruptcy Court for the Northern District of Illinois. The motion came on for hearing on March 5, 1996 at which counsel for the plaintiff and Union Security orally argued the motion. The motion is due to be granted. ...
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OPINION ON MOTION FOR ALLOWANCE OF BONDHOLDER CLAIM Luzius Kuster, a resident of Switzerland, filed a motion to allow a late proof of claim in this case. The motion came on for hearing on November 5, 1996, after which the court took the motion under advisement. The undisputed facts are as follows. Kuster is the holder of nineteen 6% Swiss bearer bonds issued in 1986 by the ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before this Court is an adversary proceeding commenced by a complaint dated April 23, 1996 (“Complaint”) filed by Genevieve Wetzel, also known as Genevieve Wetzel Burk (“Plaintiff’), seeking a determination that certain debts owed to the New York State Higher Education Services Corporation (“Defendant”) are disc...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Presently before this Court is an adversary proceeding commenced by a complaint dated May 15, 1996 (“Complaint”), filed by Margaret Frey (“Plaintiff”) against debtor Edward K. Frey (“Debtor”), seeking a determination that certain debts which Debtor assumed pursuant to a divorce decree constitute maintenance and support and ther...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after trial upon Plaintiffs Complaint For Violation of Discharge. At the trial, the parties were afforded the opportunity to present the evidence and make arguments they wished the Court to consider in reaching its decision. This Court has reviewed the arguments of counsel, evidence presented at trial, relevant *...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after trial on the Complaint to Determine Dis-chargeability filed by First Deposit National Bank (hereafter “First Deposit”). At the trial, the parties were afforded the opportunity to present the evidence and make arguments they wished the Court to consider in reaching its decision. The Court has reviewed the arguments...
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MEMORANDUM OF DECISION ON MOTION OF DVPT LIMITED PARTNERSHIP FOR IMMEDIATE PAYMENT OF POSTPETITION RENT DVPT Limited Partnership, the Debtor’s former landlord, has moved for an order directing the Chapter 7 Trustee to make immediate payment of $12,981.79 for postpetition rent and other charges that accrued under the Debtor’s lease before it was rejected. The Chapter 7 Trustee, Joseph Braunste...
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ORDER ON APPLICATION FOR EMPLOYMENT OF HALL HOOPER & COMPANY. P.A. AS SPECIAL ACCOUNTING CONSULTANT Debtor’s case was filed February 21, 1996, and the above application was filed March 1, 1996, and scheduled for a hearing on March 27. The application reveals that Debtor seeks employment of Hall Hooper & Company, P.A., as special accounting consultant in connection with pending crimina...
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MEMORANDUM DECISION I. Preliminary Statement This matter comes before the Court upon the Motion for Summary Judgment filed by twenty real estate agents (the “Agents”) formerly employed by Pauley & McDonald, Inc. (the “Debtor”), the Cross Motion for Summary Judgment filed by ROGER.BROWN, the Chapter 7 Trustee (the “Trustee”), and the separate Cross Motion for Summary Judgment ...
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*145 AMENDED MEMORANDUM OPINION INTRODUCTION The law firm of Ross & Hardies (“R & H”) represents the debtor. Before filing this ease R & H received a retainer in the amount of $200,000. Most of the retainer was applied to services rendered before the bankruptcy, but about $93,000 remains unap-plied. 1 Although this Court has entered a final order allowing R & ...
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MEMORANDUM OPINION ON OBJECTION TO DISCHARGE AND COMPLAINT TO ESTABLISH NON-DIS-CHARGEABILITY OF DEBT (Motion for Summary Judgment filed by the Defendant) The matter subject to this Memorandum Opinion and accompanying Order is a Motion for Summary Judgment filed by John R. McAllister. A hearing was held on February 21, 1996. Wayne Wheeler, the attorney for the plaintiff, and Leo E. Costello, the ...
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MEMORANDUM OPINION GRANTING RELIEF By her complaint Plaintiff, Ms. Veda T. Hill, a Chapter 13 debtor, seeks to rescind *936 and avoid the mortgage of Allright Mortgage Co. (“Allright”) on her home, to reduce All-right’s claim by offset, to be awarded statutory damages, and to obtain other related relief. The Complaint asserts (1) three alleged violations of the Federal Tr...
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MEMORANDUM OPINION The court has held a trial in the above captioned adversary proceeding. The court makes the following Findings of Fact and Conclusions of Law based on the pleadings, the evidence, the briefs, and the argument of counsel. To the extent any of the Findings of Fact may be considered Conclusions of Law, they are adopted as such. To the extent any of the Conclusions of Law may be ...
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*380 STATEMENT OF THE CASE On Monday, October 7, 1996 the court called the above ease for a hearing. At that time, the parties were offered an opportunity to present evidence and oral argument on the issue of whether there was a valid foreclosure sale 1 of plaintiffs residence. The foreclosure sale of the residence of Odell Cottrell was conducted by Rural Housing Service 2 , (hereafter ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Before the Court is an adversary proceeding commenced on December 9, 1994, by Joseph Muto (“J. Muto”) and Sheryl Muto (“S. Muto”) (collectively “Debtors”) against *327 Sallie Mae-VA (“Sallie Mae”), UNIPAC Service Corporation (“UNIPAC”), Great Lakes Higher Education Services (“Great Lakes”) and New York State ...
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ORDER Before the court are the timely objections of the Chapter 7 Trustee (“Trustee”) and *810 creditor, P. Don Williams, (collectively “Objectors”) to Robert J. Hippie’s exemption claims to three retirement or pension accounts. Objectors seek a determination that these accounts are property of the estate. Debtor contends that the accounts are excluded from the estate und...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ENTRY ON COMPLAINT FOR NON-DISCHARGEABILITY OF DEBT This matter is before the Court on the Complaint under Section 523(a)(15) for Non-Dischargeability of Obligations of Debtor under Decree of Dissolution Entered June 5, 1995 (“Complaint”), filed by Patty Strayer (“Ms. Strayer”) on December 26, 1995. Edwin G. Strayer (“Debtor”) filed an answer ...
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ORDER DETERMINING SECURED CLAIM This case came on for hearing on the debt- or’s objection to the claim of the Uplands at Parkers Lake Condominium Association, Inc., and a determination of its secured claim. Marjorie J. Holsten appeared for the debtor and Chad A. Johnson appeared for the Association. This court has jurisdiction pursuant to 11 U.S.C. §§ 1334 and 157(a). This is a c...
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MEMORANDUM This case is before the court on the trustee’s objection to the claim filed by the Internal Revenue Service (“IRS”). The proof of claim filed by IRS asserts a secured claim based on a tax hen, but the trustee disputes this claim and insists that IRS is in fact an unsecured creditor with respect to certain preference recoveries effected by the trustee. The trustee also seeks...
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MEMORANDUM OPINION Tony Edward Mathis, Plaintiff, filed on October 5,1995, a “Motion to Restore Garnishment Proceeds to Debtor.” 1 West Central Georgia Bank, Defendant, filed its response on October 19, 1995. Plaintiffs complaint came on for a hearing on January 8, 1996. The Court, having considered the stipulation of facts and the arguments of counsel, now publishes this m...
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MEMORANDUM OF DECISION AND ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT By their complaint in this adversary proceeding, the Plaintiffs, William and Jean Phalon, object to the dischargeability of the judgment debt owed them by Defendant and Debtor Peter Varrasso in the amount of $57,-764.66. 1 The Plaintiffs contend that the debt is excepted from discharge by § 528(a)(2...
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