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All Reporters → bankr-lexis → Volume 2017

Opinions in bankr-lexis Volume 2017

OPINION AND ORDER DEFERRING DECISION ON ROOKER-FELDMAN ISSUE PENDING AN INQUIRY1 The matter at Bar are Motions by Defendants LSF9 Master Participation Trust and Caliber Home Loans, Inc., and DLJ Mortgage Capital, Inc. and Selene Finance LP to dismiss this AP which challenges their standing to foreclose a mortgage and right to file a proof of claim on real property commonly known as 181 Bay 25th S...
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MEMORANDUM OPINION AND JUDGMENT GRANTING THE MOTION OF THE BARTLETT PARTIES FOR RELIEF FROM THE DISCHARGE INJUNCTION TO LITIGATE THEIR CLAIMS AGAINST DEBTOR IN FEDERAL DISTRICT COURT The Bartlett Parties1 move to modify the discharge injunction to permit them, notwithstanding Debtor Paul Robben’s discharge, to pursue their action in the United States District Court for the District of Kansas agai...
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ORDER ON REAFFIRMATION AGREEMENT AND FOR DEBTOR’S COUNSEL TO SHOW CAUSE THIS CASE came before the Court for hearing on December 13, 2016, on the Reaffirmation Agreement Between Debtor Christopher Wayne Griffin (“Debtor”) and Ally Financial (“Ally”) filed on November 22, 2016 [Doc. #10] (the “Reaffirmation Agreement”). Benjamin David Busch appeared on behalf of the Debtor. Procedural Background The...
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MEMORANDUM OPINION This Memorandum Opinion is issued in support of the Order Granting the Chapter 11 Trustee’s Motion for Entry of Order: (A) Approving Sale of Assets Free and Clear of Liens, Claims, and Encumbrances;-, (B) Approving Assumption and Assignment of Executory Contracts, (C) Approving Settlement of .Claims; and (D) Prohibiting Assertion of Estate Claims, entered on December 21, 2016. ...
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OPINION1 INTRODUCTION The Debtors in this case sought an order confirming their joint Chapter 11 plan of reorganization following an execution of a global settlement agreement among the Debtors, the lender, and the Official Committee of Unsecured Creditors.2 The Court conducted a confirmation hearing, and based upon the evidence presented con*71firmed the plan.3 Ordinarily, this would end the mat...
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ORDER GRANTING DEFENDANTS JAMES B. NUTTER & CO. AND SUBSTITUTE TRUSTEE SERVICES, INC.’S MOTION TO DISMISS (DOC. NO. 7), DENYING PLAINTIFFS’ MOTION TO JOIN CHAPTER 13 TRUSTEE AS PLAINTIFF (DOC. NO. 12), AND DISMISSING COMPLAINT IN ITS ENTIRETY THIS MATTER is before the court on the Motion to Dismiss Plaintiffs’ Complaint for Avoidance of Transfers and Recover Preference Pursuant to 11 U.S.C. 547, ...
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OPINION AND ORDER Pending before the court are cross motions for summary judgment filed by plaintiffs/counterclaim-defendants MMM Healthcare, Inc. (“MMM”) and PMC Medicare Choice, Inc. (“PMC”) and defen-*462dani/counterclaimant Dr. Virgilio Cora Santiago (“Dr. Cora”), the debtor in the underlying bankruptcy case. For the reasons stated below, plaintiffs’ motion for summary judgment at docket numb...
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ORDER OVERRULING OBJECTION TO CONFIRMATION AND SUSTAINING OBJECTION TO SECURED CLAIM Before the Court are the Objection to Pre-Petition Secured Claim of Community Bank (Dkt. No, 10) filed by Richard Dana Jett and Janice Laverne Jett and the Objection to Confirmation of Plan (Dkt. No. 32) filed by Community Bank. The Court held a hearing on the objections on October 13, 2016. Dkt. Nos. 50, 51. Aft...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Creditor Kentucky Housing Corporation’s Objection to Confirmation [ECF No. 20] of the Debtor’s proposed Chapter 13 Plan [ECF No. 12]. For the reasons stated more fully below, the Creditor’s Objection to Confirmation is sustained and the Debt- or shall have 14 days to file an amended plan in conformity with this Order. I. RELEVANT...
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*786ORDER DENYING MOTION TO REOPEN CASE This matter is before the Court on the Motion to Reopen Chapter 7 and Notice of Opportunity for Hearing filed by the Debtors, Delton James Eastep, II and La-Donna Gayle Eastep (“Debtors”) on December 1, 2016, (the “Motion”) [Doc. 45]. The Motion seeks authority to reopen this bankruptcy case in order that Debtors may file a reaffirmation agreement out of ti...
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OPINION AND ORDER This adversary proceeding is before the court upon the Motion for Summary Judgment filed by Ingard Cecile McCon-nie Navarro (hereinafter referred to as the “Plaintiff’ or “Debtor”) arguing that creditor Banco Popular de Puerto Rico and Select Portfolio Servicing, as servicing agent for DLJ Mortgage Capital, Inc. (hereinafter referred to as “BPPR”, “SPS” and “DLJ Mortgage” respec...
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MEMORANDUM OF DECISION AND ORDER The court held a hearing on December 14, 2016, in Grand Rapids, Michigan, to consider the motion of plaintiff Jeff A. Moyer, chapter 7 trustee (the “Trustee”) to amend his complaint against defendants John and Carol Rosich (the “Defendants”). See Plaintiffs Motion for Leave to File First Amended Complaint (the “Motion,” ECF No. 16). The Defendants oppose the Motion...
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OPINION2 Before the Court is the Motion for Partial Summary Judgment (the “Motion”) [Adv. Docket No. 59] filed by the Chapter 7 Trustee for the Estate of WL Homes, LLC. The Trustee contends that he is entitled to turnover of approximately $2.2 million in insurance premium overpay-ments—called a “return premium”—from Zurich American Insurance Company (“Zurich”). Zurich defends against turnover by ...
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ORDER ON SECOND MOTION OF DEFENDANT OPPENHEIMER & CO., INC. FOR SUMMARY JUDGMENT Kirk Wright allegedly operated International Management Associates, LLC (“IMA”) and affiliated entities as a Ponzi scheme. Mr. Wright opened a brokerage account with the defendant Oppenheimer & Co. (“Oppenheimer”) in the name of IMA and transferred funds of IMA to the account to engage in securities trades. IMA’s Tru...
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*329MEMORANDUM OF DECISION After due notice a hearing was held at Missoula on January 5, 2016, on Danial Renfro’s (“Renfro”) Motion to Modify Stay, filed on November 28, 2 2016 (“Motion”) (Document No. 64). The Debtors filed an objection and were represented at the hearing by attorney Andrew W. Pierce (“Pierce”) of Morgan Pierce PLLP of Mis-soula. Renfro’s former spouse, Debtor Kelly Honorine Ped...
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DECISION AND ORDER AUTHORIZING DEBTORS’ RETENTION OF COUNSEL Issue presented and summary of ruling In this contentious series of real estate cases, the secured lender has objected to Debtors’ retention of counsel. While the pleadings concerning retention have meandered into substantive issues affecting the cases overall, the narrow question presented is whether Debtors’ proposed counsel is not ...
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*162Re: D.I. 936, 1249 OPINION INTRODUCTION The issue at hand is this: are claims of Membership Unit Purchasers to be subordinated pursuant to section 510(b) of the Bankruptcy Code because they are or are not securities of the Debtors or an affiliate of the Debtors? The Court will deny subordination and therefore overrule certain of the claims objections under the circumstances presented. Before t...
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Order on Motion for Sanctions as to Nikola Duric (Dkt. No. 178) Facts and Background On April 22, 2016, Attorney Lawrence M. Karlin filed a Motion for Sanctions on behalf of secured creditor 36 Holdings LLC (“36 Holdings”) against the Debtor, its principals and its attorneys Paul M. Bauch and Nikola Duric. After a contested hearing the Motion for Sanctions was denied as to all respondents except A...
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RULING ON OBJECTION TO CLAIM NO. 9 Debtor’s Objection to Claim No. 9 filed by Wanda Jean Meyer as Trustee came on for trial in Mason City, IA on October 19, 2016. Larry Eide and Bruee Toenjes appeared for Debtor Lance Lee Meyer (“Debtor”). Michael Mallaney appeared for Wanda Jean Meyer as Trustee of land that Debtor rented (“Land . Trustee”). The Court heard testimony and received exhibits. The C...
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MEMORANDUM DECISION AND ORDER DENYING MOTION TO CONVERT TO CHAPTER 13 I. PROCEDURAL BACKGROUND On February 28, 2013, Michael & Mari-car Santos (“Debtors”) fíled a Chapter 7 voluntary petition. On June 17, 2013, Debtors received a standard discharge. The Chapter 7 case, however, remained open. The Trustee’s Final Report was approved on December 11, 2013, and his Order of Distribution was approved ...
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MEMORANDUM OPINION AND PRELIMINARY INJUNCTION On December 21, 2016, this Court issued a Memorandum Opinion and Temporary Restraining Order (the “TRO Opinion” or the “TRO,” ECF Doc. # 35),1 enjoining the Bermuda Insurers from taking any action to enforce certain provisions of the Injunc-tive Orders (defined below) issued by the Supreme Court of Bermuda, Civil Jurisdiction (Commercial Court) (the “...
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MEMORANDUM OPINION Contemporary Imports, Inc., d/b/a Contemporary Mitsubishi (“Contemporary” or “Plantiff”) seeks a judgment against Stephanie Anne Roller (“Defendant” or “Debtor”), for $16,425 along with prejudgment interest at the rate of 7%. It also seeks a determination that the debt is nondischargeable pursuant to 11 U.S.C. §§ 523(a)(2), (4), and (6). Contemporary’s claim arises from the fai...
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MEMORANDUM DECISION A Debtor in bankruptcy may avoid certain security interests in household goods to the extent the security interest impairs an exemption to which the debtor is entitled. In this case, the Debtor moved to avoid the nonpossessory, nonpurchase money security interest of Republic' Finance in certain household goods. (Doc. 18). Republic objected to the avoidance of a 42" John Deere R...
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MEMORANDUM OPINION DENYING CONFIRMATION, VACATING ORDERS AND REQUIRING THE APPOINTMENT OF A TRUSTEE “It is not necessary to accept everything as true, one must only accept it as necessary. ” - ‘The Trial’ Franz Kafka I. Preliminary Statement The central question to be answered by this Opinion is whether individuals affiliated with the Debtors who are not themselves in bankruptcy should foreverm...
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OPINION AND ORDER This case is before the court upon the Motion for Summary Judgment (Docket No. 84) filed by creditor Ana Cristina Montaner Rodriguez (hereinafter referred to as “Ms. Montaner”) and the Reply thereto filed by the Debtor (Docket No. 88). Also before the court is Joint PreTrial Report filed by the Debtor and Ms. Montaner (hereinafter referred to as the “Parties”) (Docket No. 76). M...
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*452Memorandum-Decision and Order Granting Plaintiff Summary Judgment on Count Two United States of America, Tax Division, acting through the Office of the United States Attorney on behalf of the Internal Revenue Service (“Government”), filed this adversary proceeding in which it seeks: (i) denial of Debtor Robert V. Case’s discharge based on his alleged failure to disclose his interests in perso...
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MEMORANDUM OF DECISION By their complaint in this adversary proceeding, the three plaintiffs, all siblings of the chapter 7 debtor, seek a determination that the claims they assert against him are excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4), and (a)(6). Their underlying claims, which remain unadjudicated, are for breaches of the defendant’s duties as trustee of two inter vivos ...
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ORDER DENYING CONFIRMATION This matter is before the Court concerning the confirmation of the amended Chapter 13 plan (ECF No. 27) in the above-captioned case. A confirmation hearing was held on January 11, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52,...
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MEMORANDUM OF DECISION At Butte in said District this 17th day of January, 2017. In this adversary proceeding Defendants Federal National Mortgage Association (“FNMA”) and OneWest Bank, N.A. (“OneWest Bank”) filed on November 28, 2016, a “Revised Motion to Dismiss Plaintiffs Second Amended Complaint” (“Motion”) under Fed. R. Civ. P. 12(b)(6) (applicable in adversary proceedings pursuant to F.R.B....
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MEMORANDUM DECISION AND ORDER REGARDING APPLICATION FOR A RULE 2004 EXAMINATION Applicants CSI Leasing, Inc. (“CSILI”) and CSI Leasing Malaysia Sdn. Bhd. (“CSIM” and, together with CSILI, “CSI”) seek authorization to examine the Debtors pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (“Rule 2004”). The proposed examination broadly relates to the sale of assets by a non-Debtor, ...
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OPINION Creditor Ivan Qi (“Qi”) filed involuntary petitions against husband and wife, Vin*344cent and Robin Zenga (the “Zengas”).1 The Zengas filed a motion to dismiss the involuntary petition in each of their respective cases, arguing that 11 U.S.C. § 303(b)(1) required a minimum of three petitioning creditors to institute an involuntary bankruptcy against them because they each had 12 or more c...
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OPINION Yellow Pages Photos, Inc. (“YPPI”) has returned to the Court1 in a copyright infringement action, now against Dex Media, Inc. (“Dex Media”) rather than SuperMe-dia, LLC (“SuperMedia”). Dex Media has moved to dismiss the Counterclaims YPPI brought and for judgment on the pleadings on its adversary complaint (the “Motion”), which YPPI opposes. Dex Media raises “four independent reasons” for...
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*465MEMORANDUM OF DECISION I. Overview On January 19, 2016, John 0. Eze, the chapter 11 debtor (the “Debtor”), filed a complaint (the “Original Complaint)” against Endeavor Capital Funding, LLC (“Endeavor”) stating five counts: (1) Violation of the Massachusetts Predatory Home Loan Practices Act, (2) Fraudulent Inducement to Enter into a Loan, (3) Breach of Contract, (4) Intentional Infliction of...
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OPINION This matter is before the Court on a motion filed by the chapter 7 trustee for turnover of any post-petition voluntary separation incentive payments (“VSI payments”) payable to the debtor from the U.S. Department of Defense. The debtor opposes the motion on the basis that such payments are excluded from the bankruptcy estate under 11 U.S.C. §§ 541(a)(6) or 541(c)(2). Alternatively, the de...
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ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY This cause came before the Court on December 13, 2016, for a final hearing on the Motion for Relief from the Automatic Stay and Request for Interim Hearing Under Section S62(e) of the Bankruptcy Code filed by SiteOne Landscape Supply, Inc. (“SiteOne”). [Doc. 71].1 David A. Wen-der, Esq. appeared for SiteOne; Constance L. Young, Esq. appeared for...
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DECISION AND ORDER ON MOTION TO DISMISS OF RHODE ISLAND DIVISION OF TAXATION The Rhode Island Division of Taxation (“Division”) moves to dismiss plaintiff-debtor Jason Boudreau’s adversary proceeding in which he seeks a declaration that the claims of each of the defendants are dischargeable in accordance with 11 U.S.C. § 727.1 Doc. #20. Mr. Boudreau is proceeding pro se in this matter. This Decis...
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DECISION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION The issue is whether veterans’ disability benefits (“VA Benefits”) must be included in a debtor’s disposable income for payment to creditors under a Chapter 13 plan. The Debtors filed a Chapter 13 petition on July 20, 2016. The Trustee objected to confirmation under 11 U.S.C. § 1325(b)(1)(B), contending that the Debtors’ plan .does ...
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MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTORS’ HOMESTEAD EXEMPTION, AND ORDER REGARDING ADMINISTRATION OF ESTATE (DOC. NO. 13) This Memorandum Opinion and Order serves as the Court’s findings of fact and conclusions of law for an Objection to Exemptions filed by Clyde C. Hardesty (Trustee), and a Response filed by Austin Chidi Felix and Dorothy Ify Felix (Debtors). Based u...
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MEMORANDUM OPINION AND ORDER DENYING MOTION TO REOPEN PROOF This matter is before the Court following the conclusion of a trial on the merits of the causes of action that Plaintiff HIJ Industries, Inc., formerly known as JOM-CO, Inc.,1 asserted against Debtor/Defendant Jeremey C. Roy, seeking to bar Debt- or’s discharge under § 727(a)(2) and/or to except HIJ’s claims from Debtor’s discharge under ...
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MEMORANDUM OPINION AND ORDER CONFIRMING PLAN1 The above-captioned case came before the Court on November 10, 2016 (the “Hearing”) for confirmation of a Chapter *43213 plan of reorganization (Docket No. 46) (the “Plan”) proposed by the Debtor.2 At the Hearing, counsel for the Debtor appeared in support of confirmation of the Plan and counsel for Deed Co LLC (“Deed Co”) appeared in opposition. Coun...
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MEMORANDUM DECISION Lillian M. Haskins is a debtor in this Court. Ms. Haskins filed an objection to LVNV Funding, LLC (“LVNV”)’s unsecured proof of claim. Both Ms. Haskins and LVNV agree that the claim is barred by the statute of limitations. The only reason LVNV contests Ms. Haskins’s objection is because she filed her objection to claim after this Court entered an order confirming her chapter 1...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION THIS CASE came before the Court for a final evidentiary hearing in this adversary proceeding. For a late Form 1040 to qualify as a tax return, it must represent an honest and reasonable attempt to satisfy the tax laws. Generally, a late Form 1040 does not represent an honest and reasonable effort to comply with the tax laws, if the taxp...
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MEMORANDUM OPINION AND ORDER FINDING THAT THE BERMUDA INSURERS VIOLATED THE BARTON DOCTRINE This is the fourth written opinion in this adversary proceeding since it was filed on October 27, 2016, with each of the opinions addressing whether this Court or a court in Bermuda can and will address the claims and defenses arising in this case, including whether the underlying disputes must be arbitrat...
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DECISION This matter comes to the Court on a motion by Debra Kramer, chapter 7 trustee (the “Trustee”) to object to the claim of above-captioned Chapter 7 debtors (“Debtors”) to exempt their 2015 Federal and State tax refunds from property of the estate (the “Trustee’s Motion”). The Trustee seeks entry of an order under 11 U.S.C. §§ 105, 521, 542(a), and 704(a), disallowing the debtors’ claim of ...
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MEMORANDUM OPINION GRANTING CONFIRMATION OF DEBTORS’ CHAPTER 13 PLAN & DENYING CHAPTER 13 TRUSTEE’S MOTION TO DISMISS [Resolving ECF No. 23, 21] I. INTRODUCTION Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) — specifically the hanging paragraph of 11 U.S.C. § 1325(a) (the “hanging paragraph”)— creates two exceptions that limit a debtor’s rig...
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MEMORANDUM OF DECISION GRANTING JUDGMENT TO DEBTOR/DEFENDANT ROBERTA MACKEY On July 6, 2015, Roberta Mackey (“Roberta” or the “Debtor”) filed the above chapter 7 bankruptcy petition. At that time there was a pending superior court case brought by Jacquelynn (“Jacquelynn”) and William (“William”) Gordon against Roberta for breach of written contract, fraud and deceit, and financial abuse of elder ...
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MEMORANDUM OF DECISION & ORDER PRESENT: In response to several letters from pro se debtor Melindia Jackson, the court held *287a hearing on January 24, 2017, in Kalamazoo, Michigan, at which the United States Trustee and Wells Fargo Home Mortgage, Inc. appeared through counsel. Ms. Jackson (the “Debtor”) did not appear, after the court denied her request to appear by telephone, or to adjourn the ...
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MEMORANDUM OF DECISION & ORDER After discovering that Ricki K. Bremer (the “Debtor”) had filed a chapter 13 bankruptcy petition while her current chapter 7 case remains pending,1 the court issued an Order to Show Cause dated December 22, 2016 (the “Show Cause Order,” ECF No. 8), directing the Debtor to explain why the court should not dismiss the Chapter 13 Case as prohibited per se or as a bad f...
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OPINION This matter is before the Court on the Defendants’ motion to dismiss the Complaint under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. The plaintiff is the chapter 7 Trustee of the estate of the Debtor, Sandburg Mall Realty Management LLC, an Illinois limited liability company that owned a retail shopping mall in Galesburg, Illinois. Initially fil...
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OPINION AND ORDER DENYING MOTION FOR RELIEF FROM THE AUTOMATIC STAY This cause came on for hearing on November 18, 2016 (the “Stay Hearing”), upon the Motion for Relief from the Automatic Stay (Doc. #29) (the “Motion”), filed by Natures Products, Inc. (“Creditor”), and the objection to the Motion (Doc. #35) (the “Objection”) and supplemental memorandum thereto (Doc. #46) (the “Supplement”), filed...
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*786MEMORANDUM OPINION The primary issue before the Court is whether the Plaintiffs claims and causes of action against the defendant are time barred.1 For the reasons set forth below, the Court concludes that the Plaintiffs claims are stale and that this Adversary Proceeding should be dismissed. I. Allegations of the Complaint This Adversary Proceeding is a property dispute that’s been percolati...
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MEMORANDUM OPINION The court has held a joint trial on the above captioned adversary proceeding, and *402in the instant Chapter 11 case, the “Amended Motion for (I) Allowance of Secured Claim and Reasonable Fees, Costs, and Charges Pursuant to 11 U.S.C. § 506(b) and Fed. R. Bankr. P. 2016 and (ii) Estimation of Future Costs Pursuant to 11 U.S.C. § 502(c)” (the “506(b) motion”) (Docket No. 279, am...
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MEMORANDUM OF DECISION & ORDER PRESENT: Wells Fargo Bank, N.A. (“Wells Fargo”) filed its Notice of Claim Satisfaction (the “Wells Fargo Notice,” ECF No. 35) in this court on November 29, 2016. The Wells Fargo Notice states that, as to Claim 1-1 filed on September 19, 2012 in this chapter 13 case, the “claim has been satisfied and the Debtor(s) have no further liability as to this claim.” Wells Fa...
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ORDER DISMISSING MOTION TO REOPEN CASE FOR LACK OF SUBJECT MATTER JURISDICTION Bankruptcy courts have broad discretion to reopen a closed case at a debt- or’s request. But a request to reopen in order to pursue litigation against an estate fiduciary appointed by another bankruptcy court crosses the boundaries of that discretion because the Barton doctrine holds that the appointing court must first...
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OPINION Before the Court is plaintiffs claim that defendant willfully and maliciously hit his car, resulting in a nondischargeable debt under 11 U.S.C. § 523(a)(6).1 After trial on the merits and a review of the relevant law, the Court concludes that defendant’s actions did not rise to the high standard required for § 523(a)(6) nondischargeability. The debt stemming from the collision therefore ha...
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FILED FEB 03 2017 1 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL 2 ORDERED PUBLISHED OF THE NINTH CIRCUIT 3 U...
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The Defendant, U.S. Department of Education, appeals from the Bankruptcy *3Court’s1 determination that Fern’s student loans are dischargeable based upon undue hardship pursuant to 11 U.S.C. § 523(a)(8). For the reasons that follow, we affirm. STANDARD OF REVIEW The determination of undue hardship is a legal conclusion subject to de novo review. Long v. Educ. Credit Mgmt. Corp. (In re Long), 322 F....
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AMENDED ORDER IMPOSING SANCTIONS AGAINST NATIONSTAR MORTGAGE, LLC The principal purpose of the Bankruptcy Code is to grant a “fresh start” to “the honest but unfortunate debtor.” Grogan v. Garner, 498 U.S. 279, 286-87, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991). Debtor Mary Katherine Rhodes (“Debtor”) is unquestionably such a debtor. Nationstar Mortgage, LLC (“Nationstar”) and its inexcusable and blat...
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*767MEMORANDUM DECISION The Debtor, Cindy L. Kitzerow, moves the Court to allow her to file a proof of claim on behalf of Summit Credit Union (“Summit”) approximately six (6) months after the claims bar date. For the reasons described below, the Debtor’s motion to allow an untimely proof of claim for Summit’s secured claim is denied. Further, however, the terms and provisions of the confirmed pla...
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MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S MOTION TO DISMISS INVOLUNTARY BANKRUPTCY PETITION AN RETAINING JURISDICTION UNDER 11 U.S.C. § 303(1) BACKGROUND On October 3, 2016, a Chapter 7 involuntary petition was filed against Roderick *585Clignett (“Debtor”) by Victor Salinas (“Salinas”). On October 13, 2016, summons service was executed. On November 2, 2016, Debtor filed a motion to (1) dis...
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MEMORANDUM OPINION AND ORDER: (1) GRANTING THE DEBTOR’S MOTION TO TRANSFER VENUE TO MISSOURI; AND (2) DENYING THE PLAINTIFFS’ MOTION TO TRANSFER VENUE TO CALIFORNIA [Adv. Doc. Nos. 12, 15, & 29] I. Introduction On November 23, 2016, a lawsuit styled Ervin Walker, et al v. Directory Distributing Associates, Inc., et al., Cause No. 2011-50578, pending in the 269th Judicial District Court of Harris ...
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MEMORANDUM OF DECISION ON MOTION TO DISMISS AND MOTION TO AMEND Before me are two motions: the motion of the defendant,1 Webster Bank, National Association, to dismiss this adversary pro*3ceeding and the motion of the plaintiff, Albert Ragge, Jr., to amend the complaint. Facts The facts necessary to decide these motions are not in dispute. At all times relevant to this proceeding Mr. Ragge owned ...
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MEMORANDUM DECISION AND ORDER: (1) HOLDING DANIEL G. BROWN IN CONTEMPT; (2) ESTABLISHING BRIEFING SCHEDULE; AND (3) SETTING HEARING I. PROCEDURAL BACKGROUND On March 4, 2009, Matthew and Diana Mighell (“Debtors”) filed a Chapter 11 voluntary petition. On September 18, 2009, the case was converted to Chapter 7. On August 26, 2010, Debtors received a standard discharge. On January 19, 2016, Debtors...
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*862MEMORANDUM OPINION CONFIRMING DEBTORS’ CHAPTER 13 PLAN AND DENYING THE CHAPTER 13 TRUSTEE’S MOTION TO DISMISS [Resolving ECF No. 2] I. INTRODUCTION The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC• PA”) created the hanging paragraph of 11 U.S.C. § 1325(a) (the “hanging paragraph”), which limits a debtor’s right to bifurcate and cramdown certain claims within a chap...
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OPINION Before the Court is the reorganized debtor’s motion for a summary judgment avoiding the Internal Revenue Service’s tax liens to the extent they secure penalties that accrued after the lien notices were filed. The facts are not in dispute. After reviewing the statutes'and case law, the Court rules that the tax liens are valid and non-avoidable. The Court therefore will deny the motion and ...
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OPINION AND ORDER ON APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM (ELECTRICAL ENERGY) UNDER 11 U.S.C. § 503(b)(9) I. Introduction. Electrical energy. Since Thales of Mile-tus (circa 585 B.C.) made his initial observations on the generation of static electricity by rubbing a piece of ilektron against fur, intellectuals have puzzled over the physics of the phenomenon. Great scientists ...
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MEMORANDUM OPINION Andres Hueramo (“Debtor”) is attempting to save his home (the “Residence”) through confirmation of a chapter 13 plan. Both the Debtor and the lender, Byline Bank agree that the Residence’s value is far less than the remaining balance owed to Byline. Debtor has asked this court to determine the value of the Residence, through the adversary case and through his proposed plan, to ...
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ORDER DENYING CONFIRMATION OF THE DEBTOR’S AMENDED CHAPTER 13 PLAN Richard Bradley, the holder of an unsecured claim, has objected to confirmation *233of the debtor’s Amended Chapter 13 Plan [Dkt. No. 17], contesting confirmation under 11 U.S.C. §§ 1325(a)(3), 1325(a)(4), and 1325(a)(7).1 Richard’s objection, to confirmation is sustained in part, and confirmation of the Amended Chapter 13 Plan is...
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OPINION AND ORDER GRANTING MOTION TO DISMISS On August 4, 2016, K. Rex Mayfield [the debtor] filed the above-captioned chapter 13 bankruptcy case. On September 28, 2016, the debtor’s ex-wife, Suzanne May-field [Mayfield] filed a motion to dismiss the debtor’s case for cause and on November 16, 2016, filed a motion for relief from stay. The Court held a hearing on May-field’s motions on November 29...
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*269OPINION Creditors, George and Marianne West-ervelt, have moved to convert the Chapter 13 Debtor, Thomas Wilkins, to a case under Chapter 11. The argument advanced is that the Debtor’s schedules demonstrate he far exceeds the dollar limitations set forth in 11 U.S.C. § 109(e) and is thus ineligible to be in Chapter 13. That subsection reads: (e) Only an individual with regular income that owes...
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MEMORANDUM OPINION ON ORDER CONDITIONALLY GRANTING OCEAN BANK’S MOTION FOR RELIEF FROM STAY BUT DENYING OCEAN BANK’S REQUEST FOR DISMISSAL This matter came before me on December 8, 2016, at 1:30 p.m. upon Ocean Bank’s Motion for Entry of an Order (I) Dismissing the Debtor’s Chapter 11 Case or, Alternatively, (II) Granting Relief from the Automatic Stay (the “Motion”) (ECF #55). Having considered t...
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MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DISMISS Before me for determination is a motion to dismiss this adversary proceeding filed by the defendant, U.S. Bank, N.A., as trustee for LSF8 Master Participation Trust. In considering such a motion, I begin by surveying the facts alleged in the complaint and the procedural history of this adversary proceeding. In July 1999, Annette T. Mularski,...
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MEMORANDUM OPINION DENYING OVATION SERVICES, LLC’S MOTIONS TO ALLOW LATE PROOF OF CLAIM [.Resolving ECF Nos. 59 & 60] I. INTRODUCTION “Most of the things we do, we do for no better reason than that our fathers have done them or our neighbors do them, and the same is true of a larger part than what we suspect of what we think.”1 Imitation for the sake of imitation continues to impact the practic...
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DECISION DENYING CONSTRUCTIVE TRUST AND AUTHORIZING SALE Before the Court is a rather narrow question: whether a third party’s claim of an equitable interest in two pieces of real property, in which a debtor holds legal title, is sufficient to impose a constructive trust, thereby excluding the parcels from a debtor’s bankruptcy estate. The question arises in the context of the Chapter 7 Trustee’s...
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ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT This matter is before the Court on Plaintiff Cathy L. Scarver’s (“Plaintiff’ or “Trustee”) Motion for Partial Summary Judgment (“Motion”) (Docket No. 28). The Court finds this matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(K), and the Court has jurisdiction over this proceeding under 28 U.S.C. §§ 157 and 1334. PROCEDURAL HIST...
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MEMORANDUM OPINION This matter came on for hearing on September 1, 2016, upon the Objection to Debtor’s Claim of Homestead Exemptions (the “Exemptions Objection”) filed by the Chapter 7 Trustee, Tom C. Smith, Jr. (the “Trustee”), on July 28, 2016, regarding exemptions claimed by the debtor, Larry Russell Apfel, Jr. (the “Debtor”), pursuant to Virginia Code Ann. § 65.2-531.1 A hearing on the Exemp...
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OPINION Before the Court is the Debtor’s Motion for Authority to Pay Secured Creditors Bank of Chestnut and Illinois National Bank. The motion asks that the Debtor be authorized to pay the two creditors directly and in contravention of the express terms of the Debtor’s pending, but not yet confirmed, Second Amended Chapter 12 Plan. Because the motion is procedurally and substantively deficient, i...
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MEMORANDUM OF DECISION This adversary proceeding is before the court for decision after trial on Plaintiffs *524pro se complaint to determine discharge-ability of a debt owed to him by Defendant. Defendant is a debtor in the underlying Chapter 7 case. Plaintiffs complaint is based upon Defendant’s failure to complete construction of a pole barn on Plaintiffs property after contracting to do so an...
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MEMORANDUM OF OPINION1 In this Chapter 7 case, the debtor, George S. Humbert, seeks a determination that a creditor and former landlord, Welcome Home of Northeast Ohio, LLC, is willfully violating the discharge injunction by pursuing a claim in state court against the debtor for postpetition rent. For the reasons that follow, the Court agrees and holds that the creditor’s action for postpe-tition...
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MEMORANDUM OPINION This matter is before the Court on the motion for a rule to show cause filed by former chapter 7 debtor Pawel Hardej (the “Debtor”). The Debtor alleges that Metropolitan Development Enterprises, Inc. (“MDE”) and its counsel, John P. Konva-linka and Kevin P. McJessy (collectively, the “Respondents”), have violated the discharge injunction under 11 U.S.C. § 524(a)(2) by pursuing ...
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MEMORANDUM OPINION AND DECISION SUSTAINING BIFURCATED OBJECTION TO CLAIM OF EXEMPTION Gary Farrar, the Chapter 7 Trustee (“Trustee”) filed an Amended Bifurcated *555Objection to Claim of Exemption (“Bifurcated Objection”) pursuant to the order of this court on the first Objection to Claim of Exemption. Order, Dckt. 457; Civil Minutes Dckt. 455. The Trustee objects to the “Personal Injury” exempti...
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MEMORANDUM When calculating a chapter 131 debtor’s total unsecured debt for eligibility purposes under § 109(e) of the Bankruptcy Code, should the court include the unsecured portions of undersecured automobile claims? When a court lacks sufficient certainty as to whether such claims may be bifurcated under § 506(a) because of § 1325(a)’s hanging paragraph, then the answer is*no. I. FACTS The part...
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MEMORANDUM I. INTRODUCTION Joseph G. Mirarehi Legal Services, P.C., a law firm in which Joseph G. Mirarehi (“Mr. Mirarehi”) is the sole practitioner,1 has filed a motion (“the Mirarehi Motion”) seeking payment of $113,400.00 that has been placed in the bankruptcy court clerk’s registry. The $113,400.00 constitutes thirty-five percent (35%) of the set*580tlement proceeds of a lawsuit the chapter 1...
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ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS This matter comes before the Court on the Motion for Judgment on the Pleadings filed by the Plaintiff, MainSource Bank (“MainSource”) on October 27, 2016 [Docket No. 12] and the Defendant’s opposition thereto. Supplemental briefs were filed by both parties on November 14, 2016. Main-Source seeks a determination of the validity, priority, or extent of ...
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Memorandum Opinion on Rule 9011 Violations (Dkt. No. 257) I. Background and Facts This matter involves a series of related cases that have been heard over the past fifteen years in the District Court for the Northern District of Texas, the Fifth Circuit Court of Appeals, the Bankruptcy Court for the Northern District of Illinois, the District Court for the Northern District of Illinois, the Seven...
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MEMORANDUM DECISION AND ORDER This case lies at the delicate intersection of an important bankruptcy policy and a party’s due process rights. The issue is whether a final, non-appealable order approving a real estate sale could extinguish a right of first refusal without affording the holder of the right formal notice and the opportunity to object. Archer-Daniels-Midland Company (“ADM”) purchased...
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ORDER GRANTING IN PART AND DENYING IN PART REORGANIZED DEBTOR’S MOTION TO ENFORCE CONFIRMATION ORDER Relates to ECF No. 7166 On December 6, 2016, the Court held a hearing on Reorganized Debtor’s Motion to Enforce Confirmation Order [ECF No. 7166] (the “Motion to Enforce”). After considering the Motion to Enforce, the Secretary of Labor’s Response and Supporting Brief [ECF No. 7174], Reorganized ...
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OPINION REGARDING CREDITOR’S OBJECTION TO THE DEBTOR STEVEN G. SHARKEY’S FIFTH AMENDED CLAIM OF EXEMPTIONS, AND REGARDING CREDITOR’S REQUEST FOR SANCTIONS AGAINST DEBTORS’ ATTORNEYS I. Introduction This case presents a dispute over the efforts of Debtor Steven G. Sharkey (“Debtor”) to exempt his interest in two annuity contracts. The Court held a hearing on December 15, 2016, regarding the object...
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MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT Charlie Mills a/k/a Charles Mills (“Mills”) and Salera Capital Management, LLC (“Salera,” and collectively with Mills, the “Plaintiffs”), through their First Amended Complaint, dated Aug. 12, 2016 (“FAC”) (ECF Doc. # 16),1 seek money *9judgments on their claims and a declaration that the debts are n...
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ORDER The issue before the Court is what does “interest at the legal rate” mean under Section 726(a)(5) of the Bankruptcy Code for purposes of a distribution on unsecured claims in a Chapter 7 case if the estate has sufficient assets to pay post-petition interest on those claims. Does the phrase mean interest at the federal judgment rate or does it mean the applicable non-bankruptcy rate on the u...
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MEMORANDUM DECISION This matter turns on the application of and exceptions to the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101-2109 (the “WARN Act”). It comes on for consideration on the Application by the WARN Class Representatives, on Their Behalves and on Behalf of the WARN Class, Seeking Allowance of and Payment for an Administrative Claim for WARN Act Damages [Dkt. No...
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OPINION Before the Court is the Chapter 7 Trustee, Charles M. Forman’s (the “Trustee”) Application for Retention of Roper & Thyne, LLC as Special Counsel for the Trustee (“Retention Application”).1 *738(Docket No. 393). Roper & Thyne LLC (“Roper & Thyne”) filed a Letter Brief in support of the Retention Application.2 (Docket No. 401). Opposing the retention application3 is Bochetto & Lentz, P.C. ...
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MEMORANDUM OF DECISION At Butte in said District this 27th day of February, 2017. In the above-captioned Chapter 7 bankruptcy case, after due notice a hearing was held at Missoula on February 16, 2017, on the Motion to Modify Stay (Document No. 24) (“Motion”) filed by creditors KS Ventures, LLC (“KS Ventures”) and Merry Moose. Investment, LLC (“Merry Moose”) (together “Movants”). Movants filed th...
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MEMORANDUM OPINION AND ORDER This matter came before the Court on interested party, Jerry Gaddy’s (hereinafter “Gaddy”) Motion to Vacate or Grant Relief from Decree, or In the Alternative, Motion to Reopen Case Combined With Motion to Vacate or Grant Relief from Order Granting Motion to Annul Automatic Stay and Validate State Court Order Nunc Pro Tunc, (hereinafter referred to as “Motion to Vacat...
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MEMORANDUM OPINION Crystal Morales, the debtor in this chapter 13 case, filed a motion to confirm her plan. The plan provides that she will make monthly payments to the chapter 13 trus*869tee of $400. The trustee objects to this plan because it does not require the debtor to pay what the trustee calls her tax “refund” as an additional plan payment each year. The trustee’s objection will be overrul...
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MEMORANDUM OPINION AND ORDER STRIKING DEFENDANTS’ DEFENSE UNDER BANKRUPTCY CODE § 553 The issue before the Court is whether the defendants may assert a right of setoff under Bankruptcy Code section 553 for admittedly contingent claims. The defendants assert setoff as a defense in this adversary proceeding; they also assert a right to set off against any judgment entered against them in this adver...
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MEMORANDUM OPINION This chapter 11 case, in which Sweports, Ltd, was the debtor, ended three years ago when the case was dismissed. After dismissal, counsel for the creditors’ committee, Neal Wolf, and the committee’s financial consultant, Pierre Benoit, applied to be compensated for their work. The applications were denied as moot because the case had been dismissed, but that decision was revers...
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ORDER ON MOTION TO SET ASIDE VALUATION ORDER1 On January 19, 2017, the court heard the Motion to Set Aside Valuation Order (“Motion”) brought by Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage (jointly “Wells Fargo”). (ECF No. 787). Rushmore Loan Management Services, LLC (“Rushmore”) and MTGLQ Investors, LP (“MTGLQ”) joined in the Motion. (ECF No. 831). Opposition was filed by the above-capt...
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MEMORANDUM OF DECISION CONVERTING CASE TO CHAPTER 7 UPON TRUSTEE’S MOTION FOR CONDITIONAL DISMISSAL OF CASE (Dkt. # 556) Geraldine Mund, United States Bankruptcy Judge Jeffrey Golden (the “Trustee”), as trustee of the chapter 11 estate of Robert Vilas Johnson and Linda Joyce Johnson (the “Debtors”), moves for entry of an order conditionally dismissing this chapter 11 case and allowing professional...
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MEMORANDUM DECISION I. Introduction In New Jersey, as in many other parts of our nation, we are often faced with *256certain seemingly unresolvable conundrums: For instance, is a tomato a fruit or vegetable? Should the breakfast meat be called pork roll or Taylor ham? Fortunately, the U.S. Supreme Court has stepped in to resolve the former1, and the latter is unlikely ever to be decided to everyo...
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MEMORANDUM OPINION REGARDING: (1) THE CHAPTER 7 TRUSTEE’S MOTION FOR AUTHORITY TO MAKE INTERIM DISTRIBUTION: AND (2) THE DEBTOR’S OBJECTION TO THE CHAPTER 7 TRUSTEE’S MOTION FOR AUTHORITY TO MAKE DISTRIBUTION [Doc. Nos. 175 & 177] I. Introduction Bill Jay Bird (the “Debtor”) has found himself in a difficult situation: on one hand, he seeks the shelter and protection of the bankruptcy court from h...
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DECISION Statement of Procedural History The procedural history of this case and the disputes presented are extensive and set the stage for this decision. The Debtor, Sondra Lisse, and her husband, Steven Lisse, are the makers of a note and the mortgagors of a mortgage related to certain real property located in Dane County, Wisconsin. HSBC Bank USA, National Association, for the benefit of ACE S...
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MEMORANDUM OF DECISION INTRODUCTION Three matters are currently before the Court. The chapter 13 trustee, Kathleen McCallister (“Trustee”), seeks to dismiss this case under § 1307(c) alleging “unreasonable delay,” See Doc. No. 30.1 Laura Ann Mathews (“Debtor”) objects to dismissal, and instead seeks an order confirming her plan over Trustee’s objections to confirmation. See Doc. No. 41. And Truste...
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MEMORANDUM OPINION2 Before the Court is a Motion for Partial Judgment on the Pleadings filed by Intervening Plaintiff, Wilmington Savings Fund Society, FSB (...
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Memorandum Opinion and Order Overruling Debtor’s Objection to the Proof of Claim of Creditor Navient Solutions, Inc. Admittedly, a $22,400 charge for collection costs on a $101,000 student loan debt is a breathtaking amount of money, especially for someone who finds herself in bankruptcy. No doubt a 22.5% collection cost rate is high. Recognizing this, Chapter 13 Debtor Jennifer Kennedy objects t...
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MEMORANDUM OF DECISION RE ISSUANCE OF THIRD PARTY INJUNCTION IN CONJUNCTION WITH CONFIRMATION OF CHAPTER 9 PLAN Facing a cash flow crisis of significant magnitude in the summer of 2012 with no end in sight, the City of San Bernardino (“City”) declared an emergency under state law and filed a petition under Chapter 91 in the Bankruptcy Court on August 1, 2012. After a hard-fought battle over eligib...
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MEMORANDUM OPINION The above-captioned adversary proceeding was commenced by Flabeg Solar US Corporation (“Debtor”). Debtor filed a Complaint alleging breach of contract and bad faith against the Defendants, including Ergo Versicherung AG, NHA Hamburger Assekuranz-Agentur GmbH, and Allianz Versicherungs-AG (hereinafter “Insurers”). Within the Complaint, Debtor asserted that it was entitled to pay...
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MEMORANDUM OPINION TO DISMISS CHAPTER 13 CASE Pending before the Court is a motion filed by Michael and Jamie Shapiro (the “Shapiros”), seeking to dismiss Debtor’s, Mary C. Addams, chapter 13 case (the “Motion to Dismiss”). The Shapiros hold a second mortgage lien against Debtor’s two-family property used as her primary residence, and claim Debtor. cannot confirm a feasible plan. During the cours...
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MEMORANDUM OPINION Did Neal Richards Group, LLC (“NRG”), the managing member of the general partner of the Debtor, make a “substantial contribution” to this bankruptcy case and, if so, can it collect $2,875 million? I. BACKGROUND AND FACTS A. The parties. The Debtor, a Texas limited partnership, owned a short-term acute care hospital and medical office building, together with a 445 stall adjacent...
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ORDER This matter is before the Court on an Application for Settlement filed by Aaron Silverman (“Silverman”) and Simpson Family Holdings, Inc. (“SFH”) seeking approval of a settlement with the Chapter 7 Trustee, Michelle L. Vieira (“Trustee”) [Docket No. 133], Objections to the Settlement were filed by J. Michael and Mary M Jordan [Docket No. 134], Dan and Shannon Stratton [Docket No. 138], The ...
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ORDER ON REORGANIZED DEBTORS’ MOTION FOR: (I) PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AGAINST WELLS FARGO BANK, N.A. AND WELLS FARGO HOME MORTGAGE RE: VIOLATION OF THE DISCHARGE INJUNCTION PURSUANT TO 11 U.S.C. §§ 105(a) AND 524(a)(2); OR (II) IN THE ALTERNATIVE, FOR AN ORDER TREATING SPECIFIED FACTS AS ESTABLISHED1 On January 19, 2017, a hearing was held on the Reorganized Debtors’ Motion for: ...
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MEMORANDUM OF DECISION Introduction *344Chapter 7 trustee1 R. Sam Hopkins (“Trustee”) objects to the proof of claim filed in this chapter 7 case by Duncan Limited Partnership (“DLP”). Dkt. No. 392. DLP contests Trustee’s objection. Dkt. No. 409. The Court conducted a hearing concerning the objection on December 13, 2016, at which the parties presented evidence and testimony. See Minute Entry, Dk...
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OPINION INTRODUCTION LaRosa Greenhouse, LLP (“Debtor”) filed a motion seeking to modify its chapter 12 confirmed plan. The motion sought to extend certain deadlines for the Debtor to make payments and to make other adjustments due to, inter alia, Debtor’s counsel’s intention to seek further post-confirmation compensation from the Debt- or and/or the bankruptcy estate. Section 1229 of title 11 per...
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MEMORANDUM OPINION Tyrome Gibson seeks confirmation of his chapter 13 plan. The chapter 13 trustee objects because the plan does not require the debtor to pay to the trustee any future income tax “refunds” he receives as additional plan payments. The trustee’s objection is overruled. The debtor prorated the expected income from his tax “refund” over 12 months and' properly calculated his plan paym...
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FILED MAR 15 2017 1 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL 2 ORDERED PUBLISHED OF THE NINTH CIRCUIT 3 UNITED STAT...
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Shawn L. Benoit (the “Debtor”) appeals from the bankruptcy court’s June 28, 2016 order dismissing his chapter 13 case (the “Order”). We find no abuse of discretion and AFFIRM the Order. BACKGROUND The Debtor commenced a chapter 13 bankruptcy case on September 26, 2013. On his Schedule A-Real Property, the Debtor disclosed that he owned property in Corea, Maine (the “First Property”). He valued the...
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MEMORANDUM DECISION GRANTING THE TRUSTEE’S MOTION FOR SUMMARY JUDGMENT Before the Court is the motion filed by Robert L. Geltzer, as trustee (the “Trustee”) of ContinuityX, Inc., ContinuityX Solutions, Inc. (“Solutions”) and Metamora Cloud Services, Inc. (collectively, the “Debtors”), pursuant to Rule 56 of the Federal Rules of Civil Procedure (each, a “Rule”), made applicable herein by Rule 70...
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MEMORANDUM OPINION REGARDING DEBTOR’S MOTION TO AVOID JUDGMENT LIEN OF CRP HOLDINGS A-l, LLC UNDER § 522(F)(1) This matter is before the court on remand from the Eighth Circuit. This court granted the motion of Casey D. O’Sullivan, a Chapter 7 debtor, to avoid a judgment lien of CRP Holdings A-l, LLC pursuant to 11 U.S.C. § 522(f)(1), and CRP appealed.1 The Eighth Circuit bankruptcy appellate pane...
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MEMORANDUM OPINION The Debtor was denied a loan modification by Ocwen Loan Servicing, LLC (“Ocwen”) through the Court’s Loss Mitigation Program (“LMP”). Ocwen denied the loan modification indicating that the Debtor cannot assume the mortgage executed by her late fiancé. The Debtor now alleges Ocwen violated the good faith requirement of the LMP because it knew, at the outset of the case, that the...
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MEMORANDUM DECISION This matter comes on for consideration on the Purchaser’s Motion for Entry of an Order (I) Enforcing Confirmation Order; (II) Directing Dismissal of State Court Claims; (III) Awarding Damages; and (TV) Granting Related Relief [Dkt. No. 3969] (the “Motion”) brought by TRG Venture Two, LLC (“TRG”), the successor to a purchaser of assets from the above-captioned bankruptcy case. ...
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MEMORANDUM OPINION REGARDING MOTION FOR AWARDS OF ATTORNEYS’ FEES AND EXPENSES AGAINST NETFLIX, INC. Relativity (defined below) and Mr. Ryan Kavanaugh have filed a motion seeking reimbursement of attorneys’ fees and expenses they incurred during litigation against Netflix, Inc. [Docket No. 1963]. The litigation resulted in an Order and Injunction [Docket No. 1932] that was issued for the reasons ...
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ORDER CLARIFYING CONFIRMATION ORDER Four unsecured creditors rely on a mistakenly included phrase in the order *845confirming the Debtor’s Plan of Reorganization 1 to argue their prepetition employment related claims remain collectible. The improperly inserted phrase arguably allows claims for “gross negligence or willful misconduct” to survive; however, such a reading is inconsistent with the Pl...
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DECISION AND ORDER DENYING MOTION TO VACATE ORDER OF DISMISSAL On August 30, 2016, Debtor, through counsel, filed a petition for relief under chapter 13 of title 11 of the United States Code, 11 U.S.C, §§ 101 et seq. (the “Bankruptcy Code”).1 On August 31, 2016, Debtor filed a motion (the “Compliance Motion”) seeking to waive Debtor’s compliance with § 521(b)(1), which requires Debtor to file “a c...
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MEMORANDUM OPINION This matter is before the Court on the motion of the City of Chicago (the “City”) for a declaration that the post-petition retention of debtor Bianca L. Avila’s (the “Debtor”) vehicle does not violate the automatic stay. I. BACKGROUND On January 5, 2017, the City impounded the Debtor’s 2012 Toyota Corolla vehicle (the “Vehicle”) pursuant to § 9-100-120 of the Municipal Code of ...
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CONTESTED MATTER ORDER ON OBJECTION TO PROOF OF CLAIM OF MULTIBANK 2009-1 CRE VENTURE, LLC, CLAIM NO. 5 The issues before the Court are (1) whether the language in the stay relief order modifying the stay in this case to permit the foreclosure of real property also modified the stay with respect to proceedings related to the confirmation of the sale under Georgia state law and (2) regardless of w...
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MEMORANDUM OPINION The Court held a combined trial on the merits of the above adversary proceedings 1 which seek to deny Defendant Scott A. Bushey’s discharge under various subsections 2 of 11 U.S.C. § 727,3 After consid*823ering the evidence, the Court finds that Mr. Bushey knowingly and fraudulently made false oaths in connection with his bankruptcy case, warranting the denial of his discharge ...
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MEMORANDUM OPINION On December 8, 2016, Clifford A. Zucker, in his capacity as Liquidating Trustee and Estate Representative (the “Liquidating Trustee”), objected to the amended employment discharge proof of claim filed by Robert Marquardt (“Marquardt”), former President and Chief Executive Officer (“CEO”) of the Debtor, based upon, among other things, the claim being unenforceable against Fairmo...
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MEMORANDUM OPINION AND ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT This matter is before the Court on Defendant’s Motion to Partially Dismiss the Trustee’s First Amended Complaint. [ECF No. 80 (“Motion”).] In her First Amended Complaint [ECF No. 27 (“Amended Complaint” or “Am. Compl.”) ], Plaintiff Phaedra Spradlin, chapter 7 trustee (“Trustee”), on behalf of debtor U.S. Coal Corporation (...
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MEMORANDUM OF DECISION ON OBJECTIONS TO CLAIM OF HOMESTEAD EXEMPTION In his case under chapter 13 of the Bankruptcy Code, the debtor has claimed a Massachusetts homestead exemption in the amount of $500,000, and the chapter 13 trustee and two creditors have now objected to that exemption, arguing that 11 U.S.C. § 522(p)(l) limits the available exemption to $155,675 because, as the debtor concedes...
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CORRECTED MEMORANDUM DECISION This Chapter 13 case came before the Court for an evidentiary hearing on the objection to confirmation of plan filed by 21st Mortgage Corporation (“Bank”) (Doc. 17) on March 8, 2017. The Debtor was present in person and by counsel Larry G. Cooper, Jr.; the Bank was present by counsel Kristofor D. Sodergren; and Chapter 13 Trustee Sabrina McKinney was present. For t...
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DECISION I. Statement of Procedural History The Debtor, Sondra K. Lisse (“Lisse” or ...
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MEMORANDUM DECISION This Chapter 7 bankruptcy case came before the Court for an evidentiary hearing on the Trustee’s Motion to Transfer on March 27, 2017. (Doc. 5613). Trustee Carly Wilkins seeks to transfer the bankruptcy case of Timothy McCallan, which is currently pending in the United States Bankruptcy Court for the Middle District of Florida, under Case No. 16-7524-CCJ, to this Court on the g...
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OPINION I. INTRODUCTION Presently before this Court is a Motion to Hold Verizon Liable for Violating the Automatic Stay, for Punitive Damages, Legal Fees and Costs (the “Motion”), (Docket No. 11), filed by the debtor, Dominic-James Porcoro (the “Debtor”), by and through his counsel, RC Law Group, PLLC. The Debtor seeks sanctions against Verizon New Jersey Inc., Verizon Long Distance and Verizon O...
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OPINION ON DEBTOR’S MOTION FOR SUMMARY JUDGMENT In 2009, the plaintiffs Gray Tybee II, LLC (“Tybee IP), Gray Tybee III, LLC (“Gray Tybee III”), Pannell Properties II, LLC (“Pannell II”), and Pannell Properties III, LLC (“Pannell III”) (collectively, the “Plaintiffs”) entered into a real estate transaction with the Debtor1 which included a “buy-back” provision that allowed Plaintiffs, at their opt...
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*363OPINION.1 ON BARBARA B. BRA-ZIEL’S AMENDED MOTION TO ALLOW POST-PETITION CLAIM Pending before the Court is the Amended Motion to Allow Post-Petition Claim For the Preservation of the Estate (the “Amended Motion”) (dckt. 48) filed by the Debtor’s attorney, Barbara B. Braziel (“Brazier”). In this Chapter 13 case, the Court granted the Debtor’s application to pay the filing fee in installments, a...
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MEMORANDUM DECISION Defendant Michael Lynn Robertson borrowed money from certain predecessors in interest to Banner Bank (Plaintiff or Bank). When he defaulted, the Bank foreclosed on real property securing the loans and obtained a deficiency judgment against the Defendant in state court. After he filed bankruptcy, the Bank filed a complaint to except that deficiency judgment from discharge pursu...
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Related to ECF Nos. 40 & 41 MEMORANDUM OPINION Before the Court is the Debtor’s Amended Objection to Claim of Christina Dudek (Claim No. 3) [ECF No. 40] and the Debtor’s Amended Objection to Claim of Nacol Law Firm (Claim No. 4) [ECF No. 41]1 (together, the “Claim Objections”). The debtor is Woodhaven Townhouse Association, Inc., which, as its name implies, is a townhome association located in Ri...
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DECISION AND ORDER The Estate of Peter Margolis (“Margol-is”) holds a judgment against Michael A. *712Gral and his wife, Julia Gral, entered by the Milwaukee County Circuit Court. Case No. 16-21329, Claim No. 3-2, Margolis domesticated that judgment in Miami-Dade County, Florida. M; see also Case No. 16-21329, CM-ECF Doc. No. 119 at 6. Margolis then commenced a state-court collection action in Mi...
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DECISION AND ORDER Jamiela Flournoy and Vernon Shaw jointly incurred debt to purchase a car. They gave the lender a lien on the car to secure repayment. Flournoy alone filed a chapter 13 case. She seeks to modify the creditor’s rights through her chapter 13 plan so that the lien terminates when she receives a discharge. The creditor objects to plan confirmation. Because the Bankruptcy Code does n...
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ORDER DENYING FEE APPLICATION AS MOOT This matter is before the Court on the Ex Parte Application for Administrative Expenses (ECF No. 40) filed by counsel for the debtor, David K. Welch. The Court held a hearing on this matter on March 22, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to F...
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ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE NUMBER OF OCCURRENCES This adversary proceeding came on for a hearing on the plaintiffs motion for partial summary judgment to establish a legal standard for determining the number of occurrences in the defendants’ occurrence based policies. James R. Murray and Phillip L. Kunkel appeared for the plaintiff. Nancy D. Adams and Kr...
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OPINION DISALLOWING PROOF OF CLAIM AND CONTINUING CONFIRMATION OF AMENDED PLAN The issues before the Court are 1) whether to sustain Debtor’s objection to home mortgage creditor JP Morgan Chase Bank, NA’s late-filed proof of claim, and 2) whether the Court may confirm Debtor’s Amended Plan which proposes no payment on the mortgage creditor’s $80,000 pre-petition arrearage claim. For reasons set fo...
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OPINION DISALLOWING PROOF OF CLAIM AND DENYING CONFIRMATION OF AMENDED PLAN The Court is faced with two issues: 1) whether to allow an untimely proof of claim filed by the Debtor’s home mortgage creditor, JPMorgan Chase Bank; and 2) whether to confirm the Debtor’s Amended Plan which proposes to pay nothing on the mortgage debt but be deemed current on his mortgage at the conclusion of his chapter ...
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MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR PAYMENT OF ADMINISTRATIVE EXPENSES I. BACKGROUND On October 3, 2013, Iraj Maqsoudi (“Debtor”) filed a Chapter 7 voluntary petition. On January 4, 2014, Debtor received a discharge. On January 21, 2014, Trustee commenced an adversary proceeding against *42Mandana Banihashem. (“Defendant”). On January 30, 2014, Trustee commenced an adversary proceed...
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MEMORANDUM OPINION The year was 1999 and with the imminent approach of a new millennium the nation was preoccupied by the fear that the “Y2K” problem might soon devastate the computer networks people had so come to rely on. Star Wars Episode 1: ■ The Phantom Menace was the top grossing movie, followed by The Sixth Sense, which included a clever twist ending. On television, the public was watching...
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Memorandum Opinion on Trustee’s and Defendants’ Motions for Summary Judgment I. Background Facts and Procedural History A. The Pleadings The Chapter 7 Trustee, James R. Paris, (“Plaintiff’ or “Trustee”), filed a complaint in this adversary proceeding on June 17, 2015.1 [Doc. No. 1]. An amended complaint *508was filed on October 27, 2015. [Doc. No. 31]. The amended complaint seeks substantive co...
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*634ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW The Debtor leased commercial space from Rubin Automobile Boulevard, LLC under a triple net lease. Rubin filed a proof of claim in this case seeking $676,713.05 for amounts allegedly due under the lease, including unpaid prepetition and postpetition rent, repairs to the leased premises, rejection damages for future rent, and breach of a purchas...
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MEMORANDUM OPINION This matter came before the court on December 12, 13, 19 and 28, 2016 as a hearing on Nabors Offshore Corporation’s (“Nabors”) Motion for Allowance of Administrative Expense' Claim (P-354), and the objections thereto. At the same time Apollo Franklin Partnership L.P., Apollo Centre Street Partnership, Apollo Special Opportunities Managed Account, LP, Apollo Credit Opportunity F...
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MEMORANDUM OPINION AND ORDER DENYING IN PART MOTION TO ESTABLISH CERTAIN CLAIMANTS AS CRITICAL VENDORS AND TO APPROVE CRITICAL VENDOR PAYMENTS FOR EMERGENCY ROOM PHYSICIANS This matter came before the Court for hearing on March 24, 2017 (the “Hearing”), on the Motion to Establish Certain Claimants as Critical Vendors and to Approve Critical Vendor Payments (the “Motion”) (Dkt. 1725) filed by Pion...
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*138BENCH DECISION REGARDING MOTIONS TO TRANSFER VENUE OF ADVERSARY PROCEEDING OR TO REMAND IT TO DISTRICT COURT Hampshire Brands, Inc. and Hampshire Group, Ltd. are debtors in chapter 11 cases that are pending in the United States Bankruptcy Court for the District of Delaware. I will refer to them as the Debtors from time to time. Hampshire Brands and Hampshire Group also are defendants in a civ...
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ORDER SUSTAINING OBJECTION TO EXEMPTIONS This case came before the Court for hearing on January 10, 2017, on Trustee’s Objection to Debtor’s Claim for Property Exemptions (the “Trustee’s Objection to Exemptions”) filed by Everett B. Saslow, Jr. (“Trustee”). Trustee appeared at the hearing. Jennifer A. Ledford appeared as counsel for Loretta Dae Jolly (“Debtor”). For the reasons stated herein, Trus...
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MEMORANDUM OPINION AND ORDER REOPENING CHAPTER 7 CASE 1204 Broadway NYC LLC (“1204 Broadway”) moved to reopen the chapter 7 case of Liu J. Earn (“Kim” or the “Debtor”) for the purpose of applying the surplus funds of Kim’s estate — currently held in the court registry — to a state court judgment 1204 Broadway obtained against Kim. On March 29, 2017, the Court held a hearing and granted 1204 Broad...
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MEMORANDUM OPINION In the continuing dispute between debt- or David L. Dini and his one-time business partner John H. Sammarco, the issue before the Court is whether the equitable doctrine of laches bars Sammarco’s motion to dismiss Dini’s chapter 7 bankruptcy case under 11 U.S.C. § 707(a).1 For the reasons set forth below, the Court finds that Sammarco’s delay in filing the motion was unreasonab...
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ORDER GRANTING IN PART AND DENYING IN PART THE FIRST AND FINAL APPLICATION FOR COMPENSATION FOR SUSAN R. LIMOR, ATTORNEY AT LAW, PC ATTORNEYS FOR TRUSTEE This matter was before the court for consideration of the first and final application for compensation for Susan R. Limor, Attorney at Law, PC as attorneys for the Chapter 7 trustee. The. Court having considered the application, the objections, ...
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OPINION2 Before the Court is the Debtors’ Motion Requesting Determination of Tax Liability (the “Motion”)3 and the Creditor Uinta County’s Objection to the Motion (the “Objection”).4 The Motion seeks an order determining the proper “Fair Market Value” upon which the 2015 and 2016 property tax liability of the Debtors should be computed. For the reasons set forth below, the Court will abstain from...
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ORDER APPROVING MODIFICATION OF CONFIRMED CHAPTER 13 PLAN The issue before the Court is whether it should approve a proposed modification of a confirmed chapter 13 plan to decrease the pool to unsecured creditors by the amount of the attorney’s fees incurred to create the basis for the pool, or whether it should deny the modification because the amount of the pool in the confirmed plan is res jud...
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PROPOSED STATEMENT OF UNDISPUTED MATERIAL FACTS & PROPOSED CONCLUSIONS OF LAW GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This Court submits this Proposed Statement of Undisputed Material Facts and Proposed Conclusions of Law to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. § 157(c)(1). Pursuant to Federal Rule of Bankruptcy Procedure 9033(a), th...
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT Issues Presented and Summary of Ruling The Plaintiffs are the Board of Trustees of certain benefit funds established under the framework of ERISA. Defendant Richard Kern was the principal owner and *21control perso...
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MEMORANDUM DECISION On February 14, 2017, these jointly-administered bankruptcy cases and the related adversary proceeding came before the Court for hearing on two Motions for Relief From Automatic Stay, or in the alternative Motion to Abstain (Case No. 17-30260; Doc. 18) (Case No. 17-30268; Doc. 12); and a Motion to Remand (AP 17-3008; Doc. 6). Debtor Trammell Family Lake Martin, LLC was present ...
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MEMORANDUM OF DECISION Before the Court is an objection by Wells' Fargo Bank Northwest, N.A. (“Wells Fargo”), as owner trustee, and ALF VI, Inc. (“ALF VI”), as owner participant (together, “Residco”) to the Debtors’ Second Amended Joint Plan of Reorganization under Chapter 11 (the “Plan”). See Objection to Confirmation of Debtors’ Plan by Residco (“Residco Objection”) [ECF No. 1534].1 Residco obj...
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MEMORA3SDUM OF DECISION Rejecting the Debtors’ Claim That § 329 is Unconstitutional and Granting, in Part, the U.S, Trustee’s Motion for Disgorgement of Attorneys’ Fees The U.S. Trustee seeks disgorgement of all attorneys’ fees paid in this case, based upon the excessiveness of the fees the Debtors’ attorney received and that attorney’s failure to comply with the disclosure requirements of the Ba...
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MEMORANDUM OPINION AND ORDER I. Introduction Marc A. Pergament, as chapter 7 trustee (“Trustee”) of the estate of April Bein-hauer (“debtor”), filed a motion pursuant to 11 U.S.C. § 707(b)(1)1 to dismiss the debtor’s bankruptcy case as an abuse of the provisions of chapter 7 based upon the “totality of the circumstances” under § 707(b)(3)(B) and requested that the Court order debtor’s counsel to ...
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MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART MOTION BY LL & E ROYALTY TRUST FOR RELIEF FROM THE AUTOMATIC STAY LL & E Royalty Trust (“LL & E”) has moved for relief from the automatic stay to continue state court litigation (the “Texas Litigation”) against Debtors QRE Operating, LLC (“QRE”), QR Energy, LP (“QR Energy”) (collectively with non-debtor Quantum Resources Management, LLC, “Q...
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Memorandum Opinion Before the court for ruling are two motions filed by N. Neville Reid, chapter 7 trustee (the “Trustee”) for the estate of Michael Wolf, seeking sanctions against Michael Wolf and Peter Wolf for failure to abide by the Federal Rules of Civil Procedure, the Local Rules of this court and the specific orders related to discovery in this case. For the reasons that follow, both motio...
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MEMORANDUM OPINION REGARDING THE CHAPTER 13 TRUSTEE’S NOTICE OF ADJUSTMENT TO PLAN PAYMENT [Resolving ECF No. 43] I. INTRODUCTION Retroactive application of laws and procedures is “objectionable and undesirable because it hurts our feeling of justice to *253inflict a sanction, especially a punishment, upon an individual because of an action or omission of which this individual could not know th...
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OPINION Wayne L. Wright (“debtor”) filed this appeal from the bankruptcy court’s order granting the Chapter 7 Trustee’s (“trustee”) motion for authority to compromise personal injury and workers’ compensation claims. The bankruptcy court rejected the debtor’s argument that the trustee had abandoned those claims when the decree closing the case did not specify that the estate retained the claims. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW A shared loss agreement is a classic •win-win. Under the typical shared loss agreement, the FDIC absorbs 80% of the losses on a failed bank’s assets that are acquired by another bank. By absorbing a significant portion of the acquiring bank’s losses, the FDIC is able to sell distressed assets without steep risk discounts, increasing the distressed assets’ n...
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MEMORANDUM OPINION SUSTAINING OBJECTIONS TO DEBTOR’S THIRD AMENDED CHAPTER 13 PLAN AND DISMISSING DEBTOR’S CHAPTER 13 CASE SUA SPONTE This matter is before the Court on Sara Odom’s Objections to the Debtor’s Third Amended Chapter 13 Plan (for purposes hereof, “the Plan”). Docket Nos. 78 (Third Amended Plan), 147 (Objections). The Court heard the evidence of the parties on February 10, 2017. For t...
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MEMORANDUM OPINION DENYING SPECIFIC PERFORMANCE AND RELATED RELIEF On April 3, 4,10, and 11, 2017, the Court held a trial on Plaintiff Victor Bernal’s specific performance cause of action against DK8 LLC (“DK8”) and HBT Land, LLC (“HBT Land”), as well as those portions of Bernal’s breach-of-contract and declaratory-judgment causes of action related to the specific performance cause of action. For...
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OPINION AND ORDER ON AMENDED MOTION OF CHAPTER 7 TRUSTEE FOR AN ORDER (1) AUTHORIZING AND APPROVING THE COMPROMISE OF CLAIMS WITH CITIMORTGAGE, INC., ITS AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST, (2) AUTHORIZING AND APPROVING THE TRANSFER OF REAL ESTATE LOCATED AT 181 OLDFIELD WAY, BLUFFTON, SOUTH CAROLINA AND LOT 50 ADJACENT THERETO TO CITIMORT-GAGE, INC., AND (3) ENJOINING THE DEBTORS ...
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MEMORANDUM OPINION This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment (“Motion”) filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties’ oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedu...
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MEMORANDUM OPINION This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment (“Motion”) filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties’ oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedu...
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MEMORANDUM OPINION This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment (“Motion”) filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties’ oral arguments, and the applicable statutes and ease law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedu...
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MEMORANDUM1 The Debtor filed a Notice of Proposed Use, Sale or Lease of Property Outside of the Normal Couse of Business combined with a Motion to Sell Property Free and Clear and Motion for Settlement-and Compromise on February 24, 2017. The property to be sold was the Debtor’s stock interests in two corporations whose value the Debtor listed as $900,000 on Schedule A/B, Question 19. The buyer o...
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MEMORANDUM OPINION This matter is before the Court on the objection of Ronald R. Peterson, chapter 7 trustee (the “Trustee”), to the exemptions claimed by the debtors James Henry Sullivan, Jr. and Renee A. Simmons-Sullivan (the “Debtors”), who are representing themselves in their bankruptcy case. The Trustee argues that the Debtors’ amended schedule C improperly lists certain exemptions for disab...
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MEMORANDUM OF DECISION This memorandum details the Court’s findings of fact and conclusions of law supporting the Court’s bench ruling and order entered after hearing held on April 5, 2017 (Doc. #40), denying creditor Ronald Blanchard’s Emergency Motion for Bankruptcy Court to Find that Rule 11 Sanctions are Exempt from the Stay under 11 U.S.C. § 362(b)(4)1 (“Stay Exemption Motion,” Doc. #22). De...
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IN PROCEEDINGS UNDER CHAPTER 13 OF THE BANKRUPTCY CODE ORDER The above-styled case came before the Court for a' hearing on confirmation of the Debtor’s Second Amended Plan on March 16, 2017, at 9:10 AM. At the hearing, the Chapter 13 Trustee raised an objection to confirmation alleging that the Debtor had failed to satisfy the good-faith requirement of § 1325(a)(3) of the Bankruptcy Code. After h...
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ORDER DENYING CLAIM OBJECTION The Chapter 13 Trustee filed an Objection to the Proof of Claim (ECF No. 19) filed by creditor IQ Data International (Claim No. 1). Trustee sought disallowance of the claim in its entirety. The sole basis for disallowance cited in the claim objection was that the claim was not filed with supporting documentation and as such was not entitled to prima facie validity pur...
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OPINION REGARDING TRUSTEE’S OBJECTION TO EXEMPTIONS This matter comes before the court on an objection to exemptions filed by Thomas C. Richardson, the Chapter 7 trustee (the “Trustee”) for the estate of Douglas Hill (the “Debtor”) and Sandra Hill. In his objection, the Trustee asserts that the Debtor has improperly claimed an exemption in the proceeds of a preferential transfer because,the trans...
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MEMORANDUM OPINION AND ORDER AWARDING DAMAGES FOR VIOLATION OF THE DISCHARGE INJUNCTION This matter comes on to be heard upon the Debtors’ Motion for- Sanctions and Damages (“Motion”) filed by Meriwether Lewis, Jr. (“Mr. Lewis”) and Susan Stieg-emeyer Lewis (“Ms. Lewis”) on February 1, 2017, seeking sanctions and damages from Rushmore Loan Management Services, LLC (“Rushmore”) and U.S. Bank, N.A.,...
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ORDER DENYING APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES PURSUANT TO 11 U.S.C. § 506(b) This matter comes before the court upon the Application for Allowance and Payment of Compensation and Reimbursement of Expenses Pursuant to 11 U.S.C. § 506(b) (“Application”) filed by Wayne County and the City of Goldsboro (collectively “Applicants”) on March 14, 2017 and the Respo...
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FILED 1 ORDERED PUBLISHED APR 28 2017 SUSAN M. SPRAUL, CLERK 2 U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 3 UNITED STATES B...
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MEMORANDUM OPINION This matter is before the Court upon the United States Trustee’s (“UST”) motion to dismiss pursuant to 11 U.S.C. § 707(b)(2) and (b)(3), or in the alternative, 11 U.S.C. § 707(a). For the following reasons, which represent the Court’s findings of fact and conclusions of law, pursuant to Federal Rule of Bankruptcy Procedure 7052, as made applicable by Federal Rule of Bankruptcy P...
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ORDER DENYING CLAIM OBJECTION WITHOUT PREJUDICE The Chapter 13 Trustee filed an Objection to Claim as to three Proofs of. Claim (ECF No. 24) filed by creditor Tosh, Inc. dba Check City (Claim Nos. 11,12, 13), seeking disallowance of the claims in their entirety. The sole basis for disallowance cited in the claim objection was that the claims lacked evidentiary support. According to the Trustee, th...
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MEMORANDUM OF DECISION AND ORDER GRANTING MOTION FOR RELIEF FROM STAY Before the Court is the Motion for Relief from Stay (“Motion”) (Doc. 27) under *83811 U.S.C. § 362 (d)(1) filed by creditors Jeannette Crain and Joyce Chiles, individually (hereinafter referred to as “Crain,” “Chiles,” or collectively as “the Movants”) and on behalf of ET Building Partnership (“Partnership”) and Enterprise Trav...
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ORDER ON CROSS-COLLATERALIZATION This case originally came before the Court on the Motion for Relief from Stay (the “Motion”)(Dkt. # 685) filed by Rena-sant Bank, successor-in-interest to Merchants & Farmers Bank (interchangeably referred to hereafter as the “Bank”), and the Response (Dkt. # 693) filed by Thomas and Linda Windham (the “Debtors"). The Court heard the Motion on January 4, 2017, and...
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OPINION MATTER BEFORE THE COURT Before the Court is a Motion to Enforce a Plan Injunction filed by G-I Holdings, Inc. (“G-I”)1 and GAF Corporation (“GAF”) (collectively “G-I” or “Debtors”). G-I is seeking an order to enforce the Confirmed Plan’s discharge injunction against Ashland, LLC (“Ashland”), International Specialty Products, Inc. (“ISP”), and ISP Environmental Services, Inc. (“IES”) (coll...
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DECISION On April 17, 2017. Some years ago, this court observed: There is just no good substitute for a proof of claim. By comparison to that clear and relatively simple demonstration that a pre-petition creditor should share in a distribution by the bankruptcy trustee, all arguments for some type of effective alternative finish, if at all, a distant second. Matter of Baldridge, 232 B.R. 394, 394...
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MEMORANDUM OF DECISION Introduction In this chapter 131 case, the Court is called upon to address complicated dueling motions to modify a confirmed plan. The first motion was filed by Debtors Jose Luis Alonso and Erika Molina Alonso, Dkt. No. 89; the other was filed by the chapter 13 trustee, Kathleen A. McCallister (“Trustee”), Dkt. No. 107. The Court conducted a hearing on both motions on Feb...
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AMENDED1 ORDER ON MOTION FOR DISGORGEMENT OF FEES Noncomplianee with the Bankruptcy Code’s requirements concerning an estate professional’s compensation generally merits denial of compensation plus disgorgement of all of compensation already received. However, under the case-by-case approach adopted by the Court here, an exception may be made in the bankruptcy court’s discretion based on sufficie...
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MEMORANDUM OPINION Plaintiff Katie McClammer filed this adversary proceeding seeking a determination that an alleged debt owed to her by Debtor-Defendant Landon Reser Holmes is nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt incurred by actual fraud. For the reasons that follow, judgment will be entered in favor of Ms. McClammer, but only as to the amount she advanced to Mr, Holmes on or...
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MEMORANDUM OF DECISION ON MOTION OF DEBTOR FOR SANCTIONS FOR VIOLATION OF THE AUTOMATIC STAY On November 14, 2016, Lea L. Gilford, the debtor in this case, filed a motion for sanctions against Theodore Gilford, her former husband, alleging that he had willfully violated the automatic stay provisions of the Bankruptcy Code1 and seeking an award of actual and punitive damages from him pursuant to Ba...
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MEMORANDUM OPINION AND ORDER DETERMINING THE VALIDITY OF CORPORATE ACTIONS On April 26 and 28, 2017 the Court held a final, evidentiary hearing on Debtor’s Motion for a Determination of the Effect of Minutes of the Annual and Special Meeting of Shareholders of Sandia Tobacco Manufacturers, Inc. and Request for Expedited Hearing (Docket No. 117) (the “Motion Regarding Effect of Shareholders Meetin...
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REVISED * MEMORANDUM1 Before the Court is the Debtor’s objection to the proof of claim filed by Kawasaki Kisen Kaisha, Ltd. (“ ‘K’ Line”). The Debt- or argues that it properly terminated the contract between the parties that forms the basis for the damages asserted in the proof of claim and thus the proof of claim should be disallowed. Because the Court finds that the contract was not terminated,...
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OPINION1 The Chapter 7 Debtor received a bankruptcy discharge in October 2014. The case was reopened in February 2017 to consider a motion filed by a personal injury claimant who commenced a pre-bankruptcy state court action against the Debtor. The Claimant has moved for a declaration that her state court action, which she wishes to pursue only to the extent of available liability insurance cover...
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OPINION Before the Court is Defendants’ joint motion to dismiss this § 510(b)1 subordination proceeding for lack of standing. The Court concludes that the Plaintiff did not have standing to bring the action in the first instance, and further concludes that the plan confirmed in this case gave the reorganized debtor the sole right to pursue such actions. I. FACTS For the purpose of ruling on the m...
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OPINION The Court is addressing the Motion to Compel Production of Documents by Debtors (the “Motion”), which the Official Com*99mittee of Unsecured Creditors (the “Committee”) filed to gain access to documents withheld on the basis of the attorney-client privilege and/or the attorney work-product doctrine (the “Objections”). It is tempting for the Court to grant the Motion. As discussed within, t...
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MEMORANDUM OPINION The Court “may” dismiss a chapter 13 case for “cause,” including unreasonable delay, material default under a confirmed plan, and bad faith.1 But once the debtor completes all payments under the plan, the Court “shall” grant the debtor a discharge.2 In this case, the debtors violated both their plan and confirmation order. They flouted their duties to the Trustee, the Governmen...
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MEMORANDUM DECISION AND ORDER Before the Court is the motion of Ford Motor Credit Company LLC (“Ford”) for approval to file an administrative claim in the chapter 13 case of Thomas E. Manning, Jr., the Debtor here (“Debtor”). See Mot. for Admin. Claim, ECF No. 89.1 Pursuant to the Debtor’s confirmed chapter 13 plan, this Court gives Ford leave to late file a Section E claim consistent -with Catego...
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MEMORANDUM OF DECISION & ORDER This matter is before the court on the post-discharge motion for sanctions filed by chapter 13 debtor Joseph Robert Fierke (“Mr. Fierke” or the “Debtor”) against 21st Mortgage Corporation, an entity that, until recently, held a security interest in his 2004 Skyline Manufactured Home. Upon completing the payments required of him under his confirmed plan, the Debt- or...
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Memorandum Opinion Granting Motion to Dismiss On April 13, 2017 the case of Carol Fisher Carter (the “Debtor”) came on for *502hearing on: (1) Motion to Dismiss Chapter 12 Bankruptcy Case filed on March 13, 2017 by Carolina Farm Credit, ACA (“CFC”) (Docket No. 9); (2) Motion to Dismiss Chapter 12 Bankruptcy Case and Joinder to Motion to Dismiss of Carolina Farm Credit, ACA filed on March 14, 2017...
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MEMORANDUM DECISION ON THE ADEQUACY OF THE DEBTOR’S AMENDED DISCLOSURE STATEMENT Introduction Before the Court is the request to approve the Amended Disclosure Statement filed by Yeshivah Ohel Moshe (“Yeshivah”) in this Chapter 11 case. Yeshivah seeks approval of the Amended Disclosure Statement which provides, among other things, for,the cure of Yeshivah’s default with respect to a loan secured ...
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RULING ON TRUSTEE’S RENEWED MOTION TO DISBURSE REAL ESTATE PROCEEDS (LIENS) This matter came on for telephonic hearing on April 19, 2017. Debtor David Eugene Yuska appeared pro se. David Yuska has asked that he be referred to as “David.” The Court will honor that request. Eric Lam appeared with and for Trustee Renee Hanrahan. John Waters and Laurie McCown appeared for the Iowa Department of Revenu...
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MEMORANDUM OPINION AND ORDER DENYING TRUSTEE’S MOTION TO MODIFY CHAPTER 13 PLAN Relates to ECF No. 898 Before the Court is Trustee’s Motion to Modify Chapter 13 Plan1 (the “Plan Mod-ifícation”) filed on December 16, 2016 by Tim Truman, the Standing Chapter 13 Trustee (“Trustee”). In response, Debtor filed his Debtors (sic) Response to Trustee’s Motion to Modify Chapter 13 Plan2 (“Debtor’s Qbject...
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MEMORANDUM OF DECISION FINDING THAT THE DEBTOR IS NOT REQUIRED TO OBTAIN THE CONSENT OF THE CALIFORNIA ATTORNEY GENERAL TO SELL THE ASSETS OF A CLOSED HOSPITAL At issue is whether the Debtor, a nonprofit entity, is required to obtain the consent of the California Attorney General to sell certain assets of a closed hospital.1 Under the relevant California statutes, a non-profit entity operating a ...
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MEMORANDUM OPINION I. INTRODUCTION The matter before the Court is the Complaint filed by Edmond J. Ford (the “Trustee”), Chapter 7 trustee of the estate of Kathleen M. Duggan (the “Debtor”), to sell certain real estate in Malden, Massachusetts free and clear of the interests of the co-owners pursuant to 11 U.S.C. § 363(h). The co-owners, James B. Duggan and William J. Duggan (collectively, the “D...
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MEMORANDUM OF DECISION Introduction Debtors Elvin Warren Smith and Linda Loreen Smith filed a chapter 71 petition on July 29, 2016. Dkt. No. 1. On Schedule A/B, they listed their interest in an individual retirement account (“IRA”) described as “U.S. Bank Retirement Plan, Traditional IRA, account ending in 1329” (“the U.S. Bank IRA”) with a value of $60,656.26. Debtors claimed the funds in this ...
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MEMORANDUM OPINION FOLLOWING TRIAL FINDING THE TRUSTEE MAY AVOID CONSTRUCTIVELY FRAUDULENT TRANSFERS AND RECOVER THEIR VALUE FROM THE DEFENDANT Plaintiff Christopher J. Redmond, as Trustee (Trustee) of Brooke Corporation (Brooke Corp), Brooke Capital Corporation (f/k/a Brooke Franchise Corporation) and Brooke Investments, Inc., seeks to avoid as constructively fraudulent conveyances numerous cash...
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MEMORANDUM OPINION RE COMPLAINT TO AVOID PREFERENTIAL TRANSFERS AND TO RECOVER AMOUNT OF SUCH TRANSFERS At issue in this proceeding are four pre-petition transfers the debtors made to the defendant within one year of the filing of the debtors’ bankruptcy petition. Three of *331the transfers were transfers of money totaling $183,950.00. The fourth transfer occurred when the debtors granted the def...
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ORDER The court has reviewed the Debtors’ Motion to Defer Entry of Discharge, their third request for this relief (the “Third Motion,” ECF No. 51). Given the strong policy favoring a prompt fresh start, and the relationship between the entry of the discharge and other provisions of the Bankruptcy Code,1 the court reads Fed. R. Bankr. P. 4004(c)(2) as authorizing only two deferral motions: the fir...
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*671MEMORANDUM OPINION I. INTRODUCTION Randall and Sharon Todt (the “Debtors”) filed for chapter 7 bankruptcy relief in 2011 and received their bankruptcy discharges in 2012. After their bankruptcy case was closed, the Debtors continued to receive monthly statements from their mortgage servicer indicating their mortgage was past due. The mortgage on their home was eventually foreclosed in 2013. Th...
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ORDER DENYING MOTION FOR DIRECTED VERDICT This matter came on to be heard upon the motion of Maureen Brown (Brown) to modify the chapter 13 plan of the debtor, Thomas Edward Matusak, pursuant to § 1329 of the Bankruptcy Code. A hearing was held on January 19, 2017, in Raleigh, North Carolina. At the conclusion of the hearing, counsel for the debtor made an oral motion for directed verdict based u...
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ORDER ALLOWING MOTION TO COMPEL The matter before the court is the Motion to Compel Debtor to Assume or Reject Lease Agreement filed by creditor RTO National, LLC (“RTO”) on January 31, 2017 (D.E. 16; the “Motion to Compel”). A Response in Opposition was filed by the Debtor on February 9, 2017 (D.E. 19; the “Response”). A hearing was held on April 5, 2017 in Greenville, North Carolina, following ...
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FINAL RULING ON AMENDED MOTION TO EXTEND THE STAY AND JOINT MOTION TO STAY TO PENDING SOUTH DAKOTA MATTER These matters came before the Court for final hearing on May 2, 2017 in Sioux City, Iowa. Don Molstad appeared for Debtor Bailey Ridge Partners, LLC (“Debtor”). Bill Miller appeared for Du-buque Bank & Trust Company (“Dubuque Bank”). Wil Forker appeared for Floyd “Chet” Davis. Chad Thompson a...
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FILED MAY 15 2017 1 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 2 ORDE...
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MEMORANDUM OPINION GRANTING DEBTORS’ MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE [.Resolving ECF No, 76 ] I. INTRODUCTION Chapter 13 debtors are entitled to a discharge of most debts upon, inter alia, completion of all payments under the plan. In the case at bar, the below-median income debtors moved for entry of a chapter 13 discharge despite failing to remain current on their post-petition mortgag...
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DECISION & ORDER Lawyers must proceed with great caution whenever they propose to represent both a corporation and its principal owner in Chapter 11. Proper representation becomes even more challenging when such cases are jointly administered. In these situations, the attorney implicitly promises to provide complete and undivided assistance to each client. In the context of the final fee applicat...
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MEMORANDUM-DECISION AND ORDER 7. Introduction Before the Court is a motion by Debtor Jeffrey Sharak (“Debtor”) against Bayview Loan Servicing, LLC (“Bayview”) filed on November 7, 2016 (the “Motion,” ECF No. 65), wherein Debtor seeks sanctions against Bayview pursuant to 11 U.S.C. § 105 for civil contempt based on its alleged violation of the discharge injunction provided by 11 U.S.C. § 524(a)(2)...
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OPINION This matter is before the Court on confirmation of the Chapter 13 Plan filed by Arthur Gillen (DEBTOR) and the objection thereto by the Standing Chapter 13 Trustee, Marsha Combs-Skinner. The plan is for a term of sixty (60) months and will pay unsecured creditors in full, without interest. The Trustee’s basis for objecting is that the DEBTOR has failed to commit all of his monthly disposa...
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*87ORDER ON MOTION REQUESTING ALLOWANCE OF ADMINISTRATIVE CLAIM Before the Court is a Motion Requesting Allowance of Administrative Claim and Notice of Opportunity to Object (“Motion”) filed on November 25, 2015, by Lyndsey Dilks, the former attorney of Ashley Ivey, the Debtor in this bankruptcy case (“Debtor”). Jack Gooding, the Chapter 13 Standing Trustee (“Trustee”), subsequently filed the Tru...
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ORDER Before the Court is the Application for Allowance of Compensation and Reimbursement of Expenses for Trustee (“Application”) filed by Richard L. Cox (“Cox” or “Former Trustee”) on November 16, 2016 (Doc. No. 512) and the Trustee’s Response to Former Trustee’s Application for Compensation and Reimbursement of Expenses (“Response”) filed by M. Randy Rice (“Rice” or “Successor Trustee”) on Nove...
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FILED MAY 26 2017 1 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL 2 OF THE N...
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OPINION AND ORDER CONFIRMING MODIFIED PLAN Before the Court are the debtors’ Modification of Chapter 13 Plan filed on March 6, 2017 [doc. 64]; the trustee’s and Arvest Bank’s [Arvest] objections to the modification [docs. 77 and 71, respectively]; the debtors’ Amended Motion For Authority to Incur Debt [doc. 95] filed- on March 7, 2017; the trustee’s response to the motion [doc. 100]; and Arvest’s...
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OPINION This contested matter is before the Court on the objection filed by the Debtors, JEREMY GENE ETNIRE and MINDY SUE ETNIRE, to Claim # 9-1 filed by the Illinois Department of Human Services, asserting a priority claim in the amount of $13,699.63, pursuant to section 507(a)(1) of the Bankruptcy Code, as a domestic support obligation. 11 U.S.C. section 507(a)(1). The Debtors filed a Chapter 1...
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Re: D.I. 789 MEMORANDUM ORDER Before the Court is the Debtors’ objection (the “Claim Objection”) .to class action proof of claim no. 1316 (the “Class Claim”) filed by Naylor Farms, Inc. and Harrel’s LLC (together, the “Putative Class Plaintiffs”) on behalf of themselves and all other similarly situated claimants (collectively, the “Putative Class”). Having determined that the Court has jurisdicti...
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MEMORANDUM OPINION ON THE TRUSTEE'S APPLICATION TO COMPROMISE CONTROVERSY UNDER BANKRUPTCY RULE 9019 [Doc. No. 306] I. Brief Introduction This case was initiated on May 7, 2009 (the “Petition Date”), and has been anything but a typical Chapter 7 proceeding. Now pending before this Court is the application (the “Application”) of the Chapter 7 trustee, Eva S. Engelhart (the “Trustee”), to approve a...
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MEMORANDUM OPINION REGARDING MOTION TO COMPEL ARBITRATION Before the Court is Defendant’s Motion to Compel Arbitration and Stay Related Contested Matter (“Arbitration Motion”) (Doc. 44) filed by Célico Partnership d/b/a Verizon Wireless (“Verizon”) on April 24, 2017. Verizon seeks an order staying this Court’s further consideration of the Motion for Contempt (Doc. 29) filed by Debtors David A. Jo...
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*497OPINION2 Much has been written about what has come to be known as the subprime mortgage crisis, including numerous newspaper accounts, scholarly articles, and popular books.3 For the undersigned, it began on April 2, 2007, with the chapter 11 filing of New Century TRS Holdings, Inc., at the time, the second largest subprime lender behind Countrywide Securities Corporation and the largest chap...
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OPINION ON MOTION FOR PRELIMINARY INJUNCTION The City of Beveply Hills, California and the Beverly Hills Unified School District (the “School District”) (collectively, the “Plaintiffs”)1 have moved for a preliminary injunction (the “Motion”) against Venoco, LLC (“Venoco”) Dpbtor-in-possession and Defendant. The precise relief the Plaintiffs seek is an Order: (1) Directing Venoco to remain on, mon...
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ORDER PARTIALLY SUSTAINING DEBTOR’S OBJECTION AND ALLOWING REDUCED ATTORNEYS’ FEES FOR CREDITOR, MCCORMICK 105, LLC Creditor, McCormick 105, LLC’s (“McCormick”), filed a Motion for Award of Attorneys’ Fees (the “Motion”)1 seeking $58,454.38 in attorneys’ fees and costs incurred during the Debtor’s three successive Chapter 13 bankruptcy cases: (1) 6:15-bk-0193-KSJ (“Case No. 1”), (2) 6:15-bk-06668...
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MEMORANDUM OF DECISION Introduction When chapter 71 debtor Julie Acarregui filed her bankruptcy petition, she . held interests in three college savings accounts. See Schedule A/B, Dkt. No. 1. She claims, to the extent these accounts were not excluded from the bankruptcy estate under § 541(b)(6), that the funds in the accounts are exempt pursuant to Idaho Code § 11-604A. Am. Schedule C, Dkt. No....
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MEMORANDUM OF DECISION & ORDER Habitat for Humanity of Kent County, Inc. (“Habitat”) alleges that it conducted a non-judicial foreclosure approximately five days after Eddie and Patricia Spencer (the “Debtors”) filed their second chapter 13 petition with this court. Clearly frustrated with the Debtors’ failure to make mortgage payments and their (so-far) successful efforts to forestall foreclosur...
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MEMORANDUM OPINION AND ORDER GRANTING IN PART NEW GM’S MOTION TO ENFORCE SALE ORDER AGAINST THE PITTERMAN PLAINTIFFS AND RESOLVING 2016 THRESHOLD ISSUE TWO: WHETHER NON-IGNITION SWITCH PLAINTIFFS ARE BARRED FROM ASSERTING INDEPENDENT CLAIMS AGAINST NEW GM Pending before the Court is the motion filed on June 24, 2016 (the “Motion,” ECF *220Doc. #13655) of General Motors LLC (“New GM”) to enforce th...
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MEMORANDUM OPINION In most situations, few people quarrel with the notion that an honest day’s work merits an honest day’s pay. The present dispute poses a simple question: if a party provides essential services to a Chapter 9 debtor after the filing of the bankruptcy case, does the creditor have a right to be paid when the assets of the debtor are sold as a going concern? The trustee charged wit...
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MEMORANDUM OPINION This case poses a frequently-posed issue—how a judgment should be treated in bankruptcy when the judgment is recorded against a debtor’s property held in a tenancy by the entirety. To what extent does the judgment creditor have a lien, and can the debtor avoid that lien under section 522(f) of the Bankruptcy Code, 11 U.S.C. § 522(f)? Here, debtor Scott N. Jaffe seeks to avoid a...
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MEMORANDUM OPINION DENYING CONFIRMATION OF SECOND AMENDED PLAN OF REORGANIZATION WITH LEAVE TO AMEND For the reasons set forth, this Court will deny confirmation of the pending Second Amended Plan of Reorganization. FINDINGS OF FACT 1. 100 Harborview Drive Condominium (“the building”) also known as The Har-*135borView Towers, is a 29-story luxury residential high rise that stands on the shore...
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ORDER ON DEBTOR’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF, AND BARBARA ANZILOT-TI’S MOTION FOR SUMMARY JUDGMENT ON DEBTOR’S MOTION THIS CASE came before the Court for an evidentiary hearing to consider the Debtor’s Motion for Preliminary Injunctive Relief (Doc. 51), and Barbara Anzilotti's Motion for Summary Judgment on the Debtor’s Motion for Preliminary Injunctive Relief (Doc. 77). After the De...
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Related to ECF Nos. 79 & 95 MEMORANDUM OPINION AND ORDER REGARDING (1) ORDER TO SHOW CAUSE, AND (2) APPLICATION OF PLAINTIFF’S SPECIAL COUNSEL FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES Before the Court are the (1) Order to Show Cause as to Why the Order Approving Employment of Special Counsel Nunc Pro Tunc Should Not be Set Aside as an Impermissible Fee Sharing Agreement [BC ECF...
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OPINION AND ORDER DISMISSING CASE The Debtors in this Chapter 13 case, which was filed on May 31, 2017, are also the Debtors in a pending Chapter 7 bankruptcy case that they filed in 2015. Under the circumstances, and for the following reasons, the Court concludes that this Chapter 13 case must be dismissed. On May 29, 2015, the Debtors filed a joint voluntary petition for relief under Chapter 7, ...
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MEMORANDUM DECISION REGARDING MOTION FOR DETERMINATION OF CLAIM This matter comes before the court on a motion filed by CoBank, ACB (“CoBank”) seeking a determination that it holds a secured claim or, to the extent insufficient collateral exists to satisfy its secured claim in full, a superpriority administrative expense (the “Motion”). Peter Kravitz, the liquidation trustee of the GLC Liquidatio...
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MEMORANDUM DECISION This Chapter 13 case came before the Court for an evidentiary hearing on March 1, 2017, (Doc. 26) on the Objection to Claim # 3, filed by the Debtor. (Doc. 16). The question before the Court is whether Ex-wife’s claim for reimbursement of Debtor’s child’s medical expenses is barred by the doctrine of laches. For the reasons set forth below, the Objection is SUSTAINED IN PART AN...
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MEMORANDUM OF DECISION & ORDER Chapter 7 trustee Kelly M. Hagan (the “Trustee”) filed and served, with notice and opportunity to object, a Motion for Approval of Settlement Agreement (ECF No. 35, the “Motion”). The court has reviewed the Motion and, despite the absence of objection, will deny it because (i) it lacks sufficient detail to permit the court to perform its functions under Fed. R. Bank...
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MEMORANDUM OPINION Jonathan Glick is an entrepreneur. In the early 2000s, Glick did business in the children’s toy and consumer goods industries through a complex web of limited liability companies and partnerships. A trust established in 1999 was the ultimate owner of these entities, but practically speaking Glick ran them all. One of Glick’s principal products was a toy car in which a Glick com...
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MEMORANDUM OPINION DENYING CONFIRMATION OF THE DEBTORS’ PLAN OF REORGANIZATION DATED APRIL 19, 2017 WITHOUT PREJUDICE TO FILING AN AMENDED PLAN I. Introduction This case presents the narrow of issue of what interest rate is appropriate in a Chapter 13 plan for a secured creditor who will be paid on a cramdown basis. There is no question that the Supreme Court’s holding in Till v. SCS Credit Corp....
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ORDER This matter is before the Court on alleged debtor DC Development, Inc.’s April 11, 2017 motion to dismiss [Docket No. 12] the involuntary petition filed by three creditors on March 15, 2017. An objection to the motion to dismiss was filed by the petitioning creditors, Bigford Enterprises, Inc. (“Bigford”), Bishop & Associates, Inc. (“Bishop”), and McBride Building Supplies and Hardware, Inc...
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MEMORANDUM OPINION AND ORDER FINDING THAT ALLIED WORLD MUST POST A BOND PURSUANT TO NEW YORK INSURANCE LAW SECTION 1213 Before filing “any pleading in any proceeding,” New York Insurance Law section 1213 requires unauthorized foreign insurers to either “procure a license to do an insurance business” within the state, or post a bond “sufficient to secure payment of any final judgment which may be ...
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ORDER AND STATEMENT OF DECISION: [1] DENYING FINAL APPLICATION FOR COMPENSATION FOR LEGAL SERVICES RENDERED BY SPECIAL LITIGATION COUNSEL, BRADLEY H. SPEAR; AND [2] REQUIRING BRADLEY H. SPEAR TO DISGORGE SUMS PREVIOUSLY RECEIVED Bradley H. Spear (“Spear”), former contingency counsel to the chapter 7 trustee, contends that he is entitled to, as compensation for services rendered to the trustee, a ...
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ORDER GRANTING MOTION TO VACATE DISCHARGE Background: On August 30, 2016, Efren Estrada (“Debtor”) filed a Chapter 7 voluntary petition. On Schedule A, Debtor listed certain real property located in Ontario, California (the “Property”), in which Debtor asserted an interest as joint tenant. Debt- or estimated the value of the Property to be $385,000. On Schedule C, Debtor claimed an exemption in t...
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MEMORANDUM OPINION This matter came before the Court on April 28, 2017, on the United States’ Motion to Dismiss filed on behalf of the Internal Revenue Service (IRS). In his Amended Complaint, plaintiff-debtor Peter Szanto seeks relief against the IRS for allegedly improperly assessed taxes, damages resulting from that assessment, a refund of taxes already paid, and injunctive relief. Plaintiff h...
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MEMORANDUM OPINION DENYING WELLS FARGO’S MOTION TO ORDER DEBTOR TO DISMISS STATE COURT ACTION AND TO ENFORCE SWORN PROMISE TO SURRENDER PROPERTY TO WELLS FARGO OR OTHERWISE REAFFIRM OR REDEEM COLLATERAL The court is asked to consider the meaning of the word “surrender” in § 521(a)(2)(A)1 in an unusual context: where a secured creditor obtains stay relief, fails to timely foreclose, and mistakenly...
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ORDER DISMISSING CHAPTER 7 CASE The matters before the court are the Motion to Dismiss filed on April 13, 2017 by the chapter 7 trustee (D.E. 35; the “Trustee Motion”) and the Motion to Dismiss or, in the Alternative, Second Motion to Extend Time to Object to Discharge and Dischargeability filed by Bio-Medical Applications of North Carolina, Inc. (“Bio-Med”) on April 17, 2017 (D.E. 36; the “Bio-M...
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OPINION REGARDING TIMELINESS OF CREDITOR ROBERT MITCHELL’S PROPOSED POST-CONFIRMATION PLAN MODIFICATION I. Introduction This Chapter 13 case presents a question about the meaning of Bankruptcy *154Code § 1329(a). That section permits certain types of modifications of a confirmed Chapter 13 plan to be made, “[a]t any time ... before the completion of payments under such plan.” 11 U.S.C. § 1329(a). ...
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OPINION INTRODUCTION1 Before the Court are the (i) Debtors’ Amended Second Omnibus (Substantive) *607Claims Objection2 (the “Objection”) which objects, in part, to 22 claims3 filed by various “Parker Heirs” each seeking $100 million on account of their royalty claims and (ii) the Joint Motion of the Debtors and the Official Committee of Unsecured Creditors for Entry of an Order Establishing the A...
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*299OPINION AND ORDER GRANTING TRUSTEE’S MOTION TO APPROVE SETTLEMENT BETWEEN THE TRUSTEE AND PNC BANK, N.A. This cause came on for hearing on September 16, 2016 (the “Hearing”), upon the Motion to Approve Settlement between the Trustee and PNC Bank, N.A. (Doc. # 311) (the “Compromise Motion”), filed by the Chapter 13 Trustee, Frank M. Pees (“Trustee”), and the response thereto (Doc. #313) (the “...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon Christopher Walker as Trustee for Bondholders’ Motion to Dismiss Debtor’s Voluntary Petition (Doc. 22) and Christopher Walker as Trustee for Bondholders’ Motion for Relief from Automatic Stay (Doc. 21) (collectively, the “Motions”). The Court conducted a hearing on the Motions on May 18, 2017 and elected to take the matte...
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MEMORANDUM DECISION AND ORDER DENYING MOTION FOR A RULE 2004 EXAMINATION The Debtors, TerraForm Power, LLC (“TerraForm LLC”) and TerraForm Power, Inc. (“TerraForm Inc.” and, together with TerraForm LLC, “TERP”) seek authorization to examine Madison Dearborn Capital Partners IV, L.P. and D. E. Shaw Composite Holdings, L.L.C. (collectively, “Shaw”) pursuant to Rule 2004 of the Federal Rules of Bank...
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OPINION Before the Court is the chapter 11 trustee’s motion to sell certain bowling equipment free and clear of interests for $44,000. Messrs. Steve Duran and Rick Jaramillo (together, the “Objectors”) objected, for a variety of reasons. After a trial of this contested matter, the Court finds that the proposed sale is fair and reasonable, and in the best interests of the estate. The Court therefo...
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ORDER OVERRULING TRUSTEE’S OBJECTION TO EXEMPTIONS THIS MATTER is before the court on the Trustee’s Objection to Exemptions (“Objection”) filed by the Chapter 7 Trustee on January 17, 2017. The court held a hearing on the Motion on February 10, 2017 and announced its ruling at a hearing on March 10, 2017. Representatives of the Trustee and the Debtors appeared at both hearings. The Objection pres...
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MEMORANDUM DECISION REGARDING MOTION FOR SANCTIONS The matter before the Court is the Motion to Reopen Case to Impose Sanctions *250against Gary Hatch, Cindy Hatch, and Pegasus Construction LLC for Violations Of 11 U.S.C. § 362(a)(6) and the Federal Discharge Order1 (the “Motion for Sanctions”) filed January 6, 2017, by Debtors, Gene A. Slater and Jamie D. Slater (the “Debtors”), in the above-cap...
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MEMORANDUM OF DECISION FINDING THAT THE PRINCIPLE OF EQUITABLE RECOUPMENT ENTITLED THE STATE OF CALIFORNIA TO WITHHOLD CERTAIN POST-PETITION PAYMENTS OWED TO THE DEBTOR TO RECOVER PRE-PETITION DEBT At issue is whether the principle of equitable recoupment permits the State of California to withhold a percentage of Medi-Cal payments and supplemental hospital quality assurance payments owed to the ...
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OPINION Appellant/Debtor Antoinette Pace (“Debtor”) owned nonresidential real estate that foreclosure creditor The Farmers National Bank of Canfield (“FNB”) sold in *266a prepetition foreclosure sale. After the sale but still prepetition, FNB obtained a deficiency judgment against Debtor and filed two judicial liens. During her chapter 7 case, Debtor filed a motion pursuant to § 522(f)(1)(A)1 to a...
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MEMORANDUM DECISION On July 18, 2016, Bradley A. Strom (“Strom” or “Debtor”) commenced the instant bankruptcy case by filing a voluntary petition under chapter 7 of the Bankruptcy Code. He received a discharge on February 13, 2017. The Trustee filed a Final Report on December 20, 2016. Lakeview Care Partners, Inc. (“Lakeview”), a creditor, filed an objection to the Final Report. Lakeview asks the ...
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MEMORANDUM OPINION This matter is before the Court on Defendant Wrigley’s 7-711, Inc.’s, (“Wrigley” or “Defendant”) Motion to Dismiss First Amended Complaint [ECF No. 25 (“Motion”) ] and supporting Memorandum [ECF No. 25-1 (“Memorandum”) ]. In her First Amended Complaint [ECF No. 27 (“Amended Complaint” or “AC”)], Plaintiff Phaedra Spradlin, chapter 7 trustee (“Trustee”), asserts eight claims aga...
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ORDER DENYING APPROVAL OF THE DEBTOR’S AMENDED DISCLOSURE STATEMENT WHEREAS, on August 16, 2016, Yeshivah Ohel Moshe, aka Yeshiva Ohel Moshe (“Yeshivah”), filed a petition for relief under Chapter 11 of the Bankruptcy Code; and *451WHEREAS, on November 3, 2016, Yeshivah filed an amended Chapter 11 plan (the “Amended Chapter 11 Plan”), ECF No. 42, and amended disclosure statement (the “Amended Disc...
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MEMORANDUM OPINION AND ORDER ON APPLICATION TO EMPLOY ATTORNEYS On June 7, 2017, the Court held a final hearing on Debtor’s Application to Employ William F. Davis & Associates, P.C. (Docket No. 5) (the “Application”). Susan Jes-mer d/b/a Native Trading Associates (“Ms. Jesmer”), Donald Packingham, and the United States Trustee (the “UST”) filed objections to the Application (Docket Nos. 26, 34, a...
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MEMORANDUM OPINION IN SUPPORT OF ORDER DISMISSING COMPLAINT AND ENTERING JUDGMENT IN FAYOR OF THE DEFENDANTS I. Preliminary Statement The questions presented for determination are (1) whether the Debtor/Defendant, Rebecca Patchell committed fraud as to the Plaintiff, Conestoga Title Insurance Company (Conestoga Lancaster) with respect to the settlement of the sale of her personal real estate such...
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OPINION I. INTRODUCTION II. PROCEDURAL HISTORY III. FACTS A. The DOE and Chase Student Loan Debts B. The Debtor’s Education *583C. The Debtor’s Family D. The Debtor’s Employment E. The Debtor’s Current Income and Expenses 1. Monthly Income 2. Monthly Expenses F. Other Facts Affecting the Debtor’s Current Financial Status G. Repayment of the Student Loans IV. DISCHARGEABILITY UNDER 11 U.S.C. § 523...
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OPINION2 Before the Court is the Debtor AW Liquidation, Inc.’s (f/k/a Associated Wholesalers, Inc.) (“AWI”) Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 (Made Applicable by Fed. R. Bankr. P. 7056 and 9014) With Respect to Bimbo Bakeries USA, Inc.’s (“BBU”) Motion for the Allowance and Payment of Administrative Expenses (D.I. 2691) under 11 U.S.C. § 503(b)(9) (“AWI’s Motion for Summa...
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MEMORANDUM OPINION REGARDING THE DISMISSAL OF THE DEBTOR’S CHAPTER 11 CASE [Doc. No. 191] I. Introduction Irasel Sand, LLC (the “Debtor”), a company that provides sand used in fracking, failed to comply with a prior ruling of this Court that required it to either (1) obtain a final agreement on post-petition financing and use of cash collateral, or (2) face dismissal. The Court gave the Debtor th...
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Opinion Granting In Part Motion For Relief From The Automatic Stay Anb/or For Adequate Protection Introduction Three related companies filed Chapter 11 cases. A creditor filed a motion for *445relief from the automatic stay in two of the cases to recover equipment that secures a debt owed to it. Because the motion raises issues of fact, the Court scheduled an evi-dentiary hearing. Based on the re...
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MEMORANDUM DECISION This matter is before the Court on the objection of the Debtor, Annette Sue Man- or (“Manor”), to the Proof of Claim of Members Cooperative Credit Union (the “Credit Union”). Manor seeks to reduce the secured claim by certain amounts she believes should not be included in the claim as purchase money amounts securing the claim. *765FACTS On October 7, 2016, Manor purchased a new...
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ORDER AND JUDGMENT This matter is before the Court on Plaintiffs Complaint to Determine Extent of Lien Rights in Property and for Declaratory Judgment, after briefing by the parties. This Court has jurisdiction of this matter under 28 U.S.C. §§ 1334 and 157 and this matter is a core one under 28 U.S.C. § 157(b)(2)(K). FACTS The Debtor Joyce Hill filed a Chapter 7 petition on December 9, 2011, wit...
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MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO AVOID OR DISCHARGE JUDICIAL LIEN AND DISALLOW CLAIM OF KAN-TROWITZ, GOLDHAMER & GRAIFMAN. P.C. This contested matter, which has a fairly complicated procedural history, eventually *77reduces to a simple issue: was the obligation of the debtor herein (the “Debtor”) to pay a portion of his ex-wife’s legal fees to her matrimonial counsel, Kantrowitz, Gold...
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MEMORANDUM DECISION This matter comes before the Court on motion of CAB West LLC, as serviced by Ford Motor Credit Company LLC (“CAB West” or the “movant”). CAB West seeks either allowance of an administrative expense priority claim under 11 U.S.C. § 503(b) or dismissal of the case under 11 U.S.C. § 1307(c)(6). The debtor, Dawn Marie Reiser (“the debtor” or “Ms. Reiser”), filed an objection, as d...
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ORDER SUSTAINING RESPONSE IN OPPOSITION TO NOTICE OF FINAL CURE PAYMENT UNDER RULE 3002.1 REGARDING CLAIM NUMBER 5 and DENYING DEBTOR’S MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE Debtor Barbara Faye Thornton filed a Motion for Entry of Chapter 13 Discharge Due to Plan Completion, to which the Chapter 13 Trustee objects. The issue is whether the Debtor has made “all payments under the plan” as requir...
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MEMORANDUM OPINION I.INTRODUCTION The matter before the Court is the “Motion to Alter or Amend Judgment Under Rule 9023 As It Incorporates Rule 59(e)”1 (the “Motion”) filed by the debtor Hanish, LLC (the “Debtor”) and the objection thereto2 (the “Objection”) filed by creditor Phoenix REO, LLC (“Phoenix). Through the Motion, the Debtor seeks reconsideration of the Court’s order dated May 31, 2017,...
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BENCH DECISION REGARDING (I) PETITIONS FOR RECOGNITION OF FOREIGN PROCEEDINGS, (II) RECOGNITION OF FOREIGN REPRESENTATIVE, AND (III) RELATED RELIEF UNDER CHAPTER 15 OF THE BANKRUPTCY CODE Mood Media Corporation (“Mood Media”) is a Canadian company. It is the applicant in a proceeding under Section 192 of the Canadian Business Corporations Act that is pending in Ontario and that was filed May 18, 2...
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MEMORANDUM AND ORDER DETERMINING VALUATION DATE FOR PURPOSES OF EVIDENTIA-RY HEARING ON MOTION TO AVOID LIEN This matter came before the Court on June 13, 2017, pursuant to the motion to avoid lien of Guaranty Bank. Debtors Rodolfo and Sara Montiel (“Debtors”) filed the motion to strip the creditor’s lien on January 28, 2017, and creditor Guaranty Bank responded. The Court set an eviden-tiary hea...
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MEMORANDUM OPINION AND ORDER GRANTING TRUSTEE’S MOTION TO SELL LIFE ESTATE THIS MATTER is before the Court on the Motion to Sell Life Estate in Real *333Property (“Motion”). See Docket No. 131. The Chapter 7 Trustee requests the Court to approve the sale of the bankruptcy estate’s interest in a condominium located in Chicago, Illinois to Dennis Pantano, as co-trustee of the Marie M. Sasso Trust d...
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OPINION RE MOTION TO AMEND PROOFS OF CLAIM SNMP Research International, Inc. (“SNMPRI”) and SNMP Research, Inc. (“SNMPR”) (collectively, “SNMP”) have moved for (1) authority for SNMPRI to file amended proofs of claim against certain U.S. Debtors, and (2) an Order adding SNMPR as a claimant in the claims. See Motion of SNMP Research, Inc. and SNMP Research International, Inc. to Amend Proofs of Cl...
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ORDER SCHEDULING EVIDENTIA-RY HEARING AND APPLICABLE DEADLINES IN CONNECTION WITH MOTION OF ASHLEY KO-ZEL FOR ORDER MODIFYING AUTOMATIC STAY OF 11 U.S.C. § 362 FOR CAUSE, INCLUDING BAD FAITH, TO CONTINUE SHERIFF’S AUCTION Upon the Motion of Ashley Kozel for Order Modifying Automatic Stay of 11 U.S.C. § 362 for Cause, Including Bad Faith, to Continue Sheriffs Auction (ECF *614Doc No. 5) (the “Stay ...
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MEMORANDUM OPINION The dispute that arose from the complicated facts in play here is primarily decided by well-established Texas law, under which a creditor’s pre-existing judgment lien cannot attach to a judgment debtor’s subsequently acquired property that is *209contemporaneously designated as a homestead. I. BACKGROUND AND FACTS In 1977, Frederick Stanford’s parents, Earl and Dorothy Seay, pu...
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MEMORANDUM DECISION ON MOTION FOR RELIEF FROM STAY Before the Court is the Motion for Relief From Stay to Proceed in Domestic Relations Court (Docket No. 79) (the “Motion”) filed by Lisa Jeffers (the “Movant”), the former wife of debtor-respondent Mark D. Jeffers (the “Debtor”). The Mov-ant asks the Court to lift the automatic stay, pursuant to 11 U.S.C. § 362(d), to allow her to proceed in state...
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MEMORANDUM DECISION Before the Court is the Motion for Judgment on the Pleadings (the “Motion”) filed May 31, 2017, by Plaintiffs, Sunset Corner Properties, LC (“Sunset Corner”) and the United States Trustee, (the “USTR” and together with Sunset Corner, the “Plaintiffs”), in the above-styled adver*355sary proceeding.1 This Motion arises in connection with the complaints of Plaintiffs objecting to ...
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MEMORANDUM OPINION GRANTING DEBTORS’ MOTION TO DEEM MORTGAGE FULLY PAID & DEBTORS CERTIFICATION AND MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE Resolving ECF Nos. 77, 82 I. INTRODUCTION This is a case which, at its conclusion, roused “a sleeping giant and fill[ed] him *242with a terrible resolve.”1 A chapter 13 plan confirmation order is entitled to finality, absent a timely appeal or proceeding to ...
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MEMORANDUM DECISION The United States Trustee asserts that the totality of Mr. Hall’s financial circumstances demonstrates abuse of the provisions of chapter 7 óf the Bankruptcy Code under section 707(b)(3)(B). On this basis, the United States Trustee moves this Court to dismiss Mr. Hall’s case pursuant to section 707(b)(1). For the reasons set forth below, the Court- denies the United States Trus...
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MEMORANDUM OPINION GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT This matter is before the Court on Defendants’ Motion to Dismiss the Trustee’s First Amended Complaint. [ECF Nos. 30 and 30-1 (memorandum in support, hereafter the “Motion”).] In her First Amended Complaint [ECF No. 29 (“Amended Complaint”) ], Plaintiff Phaedra Spradlin, chapter 7 trustee (“Trustee”), on behalf of debtor U.S. C...
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ORDER CONCERNING DEBTORS’ STANDING TO OBJECT TO NOTEHOLDER CLAIMS AND TRIAL EVIDENTIARY ISSUES The Court enters this Order in accordance with Federal Rules of Civil Procedure 1, 16, 43, and 44, as incorporated by Rules 1001, 7016, 9014, and 9017 of the Federal Rules of Bankruptcy Procedure, as well as the Federal Rules of Evidence. This Order addresses the standing of Debtors to object to the pro...
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OPINION REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY This matter comes before the court on a motion for relief from the automatic stay [Dkt. No. 48] (the “Motion”) filed by Vanguard Energy Partners, LLC (“Vanguard”). In the Motion, Vanguard requests relief from the automatic stay to continue to arbitrate its claims and effectuate rights of setoff and/or recoupment against Patriot Solar Group, ...
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MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO CLAIM This matter came before the Court on the objection of Marie E. Henkel, as Chapter 7 Trustee, to a proof of claim filed by the John Michael Eddy Trust of 1982 (the “JME Trust”), ah insider of the Debtors. By the objection, the Chapter 7 Trustee asks the Court to disallow the entire claim, or in the alternative, to equitably subordinate the claim t...
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ORDER ON PLAINTIFF RMS TITANIC, INC.’S AMENDED MOTION FOR ENTRY OF CLERK’S DEFAULT AND AMENDED MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT FRENCH REPUBLIC, a/k/a REPUBLIC OF FRANCE THIS CASE came before the Court for hearing to consider the Plaintiff RMS Titanic, Ine.’s Amended Motion for Entry of Clerk’s Default and Amended Motion for Default Judgment against Defendant French Republic, a/k/a R...
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MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS AND DENYING DEFENDANT MAGINNIS’ AND PLAINTIFF’S MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding is before the court on Defendant Leon Maginnis’ (or “Maginnis”) “Motion to Dismiss or in the Alternative for Summary Judgment” (“Maginnis’ Motion”) [Doc. #4], Defendant Bellevue Farm, LLC’s (“Bellevue”) Motion to Dismiss (“...
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OPINION The record below evidences that a stay violation occurred during a previous bankruptcy case, apparently without Appellee Debtor Linda Isaacs’ knowledge, ten years prior to her current bankruptcy filing. Between the two bankruptcy cases, a state court adjudicated the scope of Isaacs’ discharge, finding a mortgage lien valid and enforceable. The state court scheduled a foreclosure sale, pro...
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MEMORANDUM OPINION The central question before the Court is whether “total proceeds” recovered through § 827(a) attorney representation includes both cash and noncash proceeds. This Chapter 13 case came before the Court for hearing on February 28, 2017, on Anthony B. Bush’s Application for Approval of Attorney’s Fees and Expenses related to the adversary proceeding (Case No. 16-08027) arising from...
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MEMORANDUM OPINION This matter comes before the Court on the Amended Chapter 12 Plan of Reorganization (“Amended Plan”) of the Debtor, Terry Properties, LLC (the “Debtor”), and the objections thereto filed by Farm Credit of the Virginias, ACA (“Farm Credit”), Southern States Marion Cooperative, Inc. (“Southern States”), and the Chapter 12 Trustee (the “Trustee”). A trial was conducted on these mat...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS ADVERSARY PROCEEDING came before the Court for trial on April 26, 2017 on the Amended Adversary Complaint (“the Complaint”) [ECF 81] filed on December 16, 2015, by Scott N. Brown, as Chapter 7 Trustee (the “Plaintiff’ and/or “Trustee”) of the bankruptcy estate of Sigma-Tech Sales, Inc. (the “Debtor”) as scheduled by the Court’s Order...
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SECTION A REASONS FOR DECISION The Motion for Relief from Stay filed by AP Direct L.L.C. (“AP”) and the Objection filed by debtors, James and Wanda Curley (collectively “Debtors”) came before the Court on May 9, 2017. At the conclusion of the hearing, the Court took the matter under advisement. I. Findings of Fact On October 6, 2014, Debtors filed a Voluntary Petition for Relief under Chapter 13 ...
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MEMORANDUM OF DECISION ON MOTION OF JPMORGAN CHASE BANK, N.A. FOR JUDGMENT ON THE PLEADINGS AS TO THE OBJECTION TO ITS CLAIM Steven Weiss, the Chapter 7 trustee of the bankruptcy estate of Robert E. Lockwood II, and two of Mr. Lockwood’s creditors, Recovery Capital LLC and Jeffrey Horvitz, (collectively, the “Objectors”) filed a pleading in this case entitled “Objection to JPMorgan Chase Bank’s C...
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MEMORANDUM OPINION AND ORDER DISALLOWING PROOF OF CLAIM NO. 31-1 This matter is before the Court on the Debtor’s Amended Motion to Disallow *803Proof of Claim No. 31-1 filed by Sang Wook Kim. Docket No. 338. Mr. Kim filed a Response opposing the Motion. Docket No. 351. The Court heard the arguments of the parties on June 6, 2017. For the reasons stated below, the Court •will disallow the claim on...
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MEMORANDUM OPINION Before the court is the disputed election of chapter 7 trustee Patrick J. O’Malley. Under 11 U.S.C. § 702(b), Fund Recovery Services, LLC elected O’Malley over the objections of the interim trustee and two insider creditors. As explained below, the court finds that Fund Recovery Sendees was ineligible to vote because its interest is materially adverse to other creditors’ intere...
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ORDER DENYING SPACE COAST CREDIT UNION’S MOTION TO REOPEN CHAPTER 7 CASE AND TO COMPEL SURRENDER OF MORTGAGED PROPERTY Space Coast Credit Union (“Space Coast”) filed a Motion to Reopen Chapter 7 Case and to Compel Surrender of Mortgage Property (the “Motion”). (Doc. 23). Debtors filed a response (Doc. 31), and oral argument was presented on April 6, 2017. The issue presented is whether this 2011 c...
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MEMORANDUM OPINION OVERRULING OBJECTION OF UNITED STATES STEEL CORPORATION TO CONFIRMATION OF SECOND AMENDED JOINT PLAN OF REORGANIZATION On May 2, 2017, Debtors and Debtors-in-Possession Allied Consolidated Industries, Inc., Allied Erecting & Dismantling Co., Inc., Allied Industrial Scrap, Inc. (“AIS”), and Allied-Gator, Inc. (“AGI”) (collectively, “Debtors”) and the Official Committee of Unsecu...
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*493MEMORANDUM OF DECISION Before the Court is a motion to dismiss (the “Motion to Dismiss”) the adversary complaint filed by Ann M. Kalesnik, the debtor in the underlying Chapter 13 bankruptcy case (the “Debtor”), against HSBC Bank USA, National Association and Ocwen Loan Servicing, LLC (“HSBC”, “Ocwen,” together, the “Defendants”). The adversary complaint raises a variety of claims against the ...
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OPINION Introduction In this case the Court is tasked with determining if the marital tort claim of Asma Warsi-Chaudry (“Wife"), which she alleges in her divorce proceeding against debtor, Ghazali Chaudry (“Husband”), is more properly characterized as a debt for willful and malicious injury under 11 U.S.C. § 523(a)(6), or a debt incurred in the course of a divorce or separation under 11 U.S.C. § 5...
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MEMORANDUM OPINION SUPPORTING THE ENTRY OF ORDER GRANTING THE UNITED STATES TRUSTEE’S MOTION FOR CIVIL CONTEMPT Pending before the Court is the United States Trustee’s (the “U.S. Trustee”) Motion for Entry of Civil Contempt Order Against Chaledeeannka Deborah Ann Williams Goyens-Bell Eberwein ' (“Goy-ens”) (the “Motion,” ECF Doc. # 10391). Accompanying the Motion is a Memorandum of Law (the “Memo,...
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MEMORANDUM OF DECISION On November 30, 2016, Karen J. An-drade (the “Debtor”), filed a voluntary petition under Chapter 13 of the United States Bankruptcy Code.1 In 2008, after the death of her father, the Debtor, along with her sister and brother, became owners, as tenants in common, of the father’s real property located in Lynbrook, New York by operation of law. On April 28, 2017, the Debtor in...
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MEMORANDUM OPINION AND ORDER DECIDING CERTAIN 2016 THRESHOLD ISSUES The Court is tasked with resolving certain of the 2016 Threshold Issues1 arising out of the 363 Sale, in which the bulk of Old GM’s assets were sold to New GM free and clear of nearly all liabilities. In an Order to Show Cause entered by this Court, the parties defined five 2016 Threshold Issues regarding claims against New GM. A...
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OPINION1 Ms. Tabitha Fayson bought a used Mercedes on credit and subsequently filed a petition under Chapter 13. The Court confirmed Ms. Fayson’s Chapter 13 plan that allowed her to keep the Mercedes in exchange for paying the full debt. Ms. Fay-son, frustrated with mechanical issues and an allegedly undelivered warranty, now seeks to surrender the Mercedes to her secured creditor and to treat any...
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OPINION Before the Court is the objection of Standard Register Inc. (“SRI”) to International Imaging Materials, Inc.’s (“IIMAK”) section 503(b)(9) claim. The issue in the instant case is whether goods were “received by” the Debtor from IIMAK within the meaning of section 503(b)(9) of the Bankruptcy Code. Case law instructs that courts can look to the Uniform Commercial Code (U.C.C.) to inform a se...
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MEMORANDUM OF OPINION AND ORDER APPROVING COMPROMISE This matter came before the court on the Motion to Compromise [Doc. #38] *706filed by Trustee William L. Swope (“Trustee Swope”). A Hearing was held on the Motion on May 24, 2017. [Doc. # 64]. Attorney for Van Wert Savings Bank (“Bank”) and the attorney for Creditor Imperial Funding IV, LLC (“Imperial”) appeared by telephone. The Chapter 7 Trus...
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MEMORANDUM I. Presently before the court is the Debt- or’s Objection to Proof of Claim No. 5 of *683PECO Energy Company (“the Objection”). The claim is in the amount of $11,024.22. In the Objection, the Debtor asserts that the claim should be disallowed in whole or in substantial part because, under applicable nonbankruptcy law, the statute of limitations has expired or, alternatively, the Debtor...
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ORDER ALLOWING OBJECTION TO CLAIM The matter before the court is the objection to claim filed by debtor O. William Faison with respect to SummitBridge National Investments III, LLC’s proof of claim in the amount of $302,596.19. A hearing took place in Raleigh, North Carolina on March 1, 2017, at the conclusion of which the court took the matter under advisement. For the reasons that follow, the c...
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MEMORANDUM DECISION ON (I) TRUSTEE’S MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO THE EXECUTIVE AND SELECT EMPLOYEES PLAN ADVERSARY PROCEEDING AND (II) EMPLOYEES’ CROSS-MOTION FOR SUMMARY JUDGMENT Before the Court is a dispute involving the characterization of certain deferred compensation claims of 3491 former Shear-son Lehman Brothers Inc. (“Shearson”) executives and select employees (collective...
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MEMORANDUM DECISION AFTER TRIAL Over a five day period, this court conducted a trial in the above adversary proceeding in which plaintiff United States Trustee (the “Trustee”) sought to deny debtor and defendant Joshua Hedlund’s Chapter 7 discharge under Bankruptcy Code §§ 727(a)(2)(A) and (a)(4). While this adversary proceeding was filed more than seven years ago and has had its fair share of tw...
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MEMORANDUM OF DECISION Pending before me is Canadian Pacific Railway Company and Soo Line Railroad Company’s (“CP” and “Soo Line,” .respectively and the “Defendants,” jointly) Motion to Dismiss Plaintiff Robert J. Reach’s (the “Estate Representative”) Third Amended Complaint (Docket Entry “DE” 230) (the “Complaint”).1 This motion (the “Motion to Dismiss”) is predicated on two general grounds: for...
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OPINION As the Supreme Court has held - state law defines property interests.1 While this proposition seems rather simple on its face, in bankruptcy we regularly grapple with the intersection of state defined property interests and the Bankruptcy Code.2 Sometimes, these state and federal principles seemingly collide rather than coexist. This has occurred in cases deciding wheth*379er the Bankruptc...
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ORDER DENYING TRUSTEE’S OBJECTION TO THE DEBTOR’S AMENDED SCHEDULE C— PROPERTY CLAIMED AS EXEMPT (ECF NO. 51) Before the Court is Trustee’s Objection to the Debtor’s Amended Schedule C— Property Claimed as exempt (the “Objection”) (ECF No. 511). Debtor filed Debt- or’s Response to Trustee’s Objection to the Debtor’s Amended Schedule C—Property Claimed as Exempt (the “Response”) (ECF No. 58). A hea...
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MEMORANDUM OF DECISION Upon consideration of the Motion to Approve Settlement Agreement and Mutual Release (Docket No. 109) (the “Motion”) filed by Janice Marsh, the chapter 7 trustee (the “Trustee”) of the estate of Grove Instruments, Inc. (the “Debtor” or the “Estate”), pursuant to which she seeks approval of the Settlement Agreement and Mutual Release (Docket No. 108) (the “Settlement Agreemen...
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ORDER GRANTING PILGRIM REO, LLC’S MOTION TO DISMISS DEBTOR’S COUNTERCLAIMS PURSUANT TO FED. R. CIV. P. 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED On June 20 and 21, 2017, came on for hearing Pilgrim REO, LLC (“Pilgrim”) and Party-in-Interest Capital Crossing Servicing Company, LLC (Capital Crossing) (also referred to as “Respondents”) Motion to Dismiss Debtor’s Counter...
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MEMORANDUM DECISION GRANTING MOTION FOR REMAND BASED ON MANDATORY ABSTENTION The CORE Litigation Trust (“Trust”) brought this proceeding in the Superior Court of the. State of California for the County of Los Angeles (“California State Court”), as assignee of the Debtors’ pre-petition secured lenders, alleging that the Defendants induced a breach of contract between the lenders and certain Debtor...
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OPINION AND ORDER (1) DENYING DEBTOR’S EX PARTE MOTION TO REOPEN CASE, BUT WAIVING MOTION FILING FEE; AND (2) STRIKING THE “CERTIFICATE OF DEBTOR EDUCATION” FILED JUNE 27, 2017 This case is before the Court on the Debtor’s motion filed June 27, 2017, entitled “Ex Parte Motion To Reopen Case and Request Waive Reopen Fee.” (Docket # 16, the “Motion”). The Motion seeks to reopen this case, to enable ...
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OPINION AND ORDER DENYING DEBTOR’S “MOTION TO SET ASIDE DISCHARGE FOR ENTRY OF REAFFIRMATION AGREEMENT” On January 30, 2017, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this case. On May 9, 2017, the Court entered an order granting the Debtor a discharge under 11 U.S.C. § 727 (Docket # 17). On June 26, 2017, the Debt- or filed a motion to set aside the discharge (D...
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MEMORANDUM DECISION The Debtor, Aaron Holzhueter (“Hol-zhueter” or “Debtor”), filed a voluntary Chapter 11 Petition on September 12, 2016. He filed an adversary complaint on September 14, 2016, against Defendants David J. and Gale I. Groth, David J; and *814Judith A. Heinecke, James G. Pritchard, John W. and Patricia Tesch, and Barbara L. Wegner (collectively, the “State Court Plaintiffs”) seekin...
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MEMORANDUM OF DECISION The matters before the Court are (i) the Motion to Compromise Claim (Doc. No. 312) (the “Settlement Motion”) filed by the Chapter 7 Trustee in the above-captioned case, Jonathan R. Goldsmith (the “Trustee”), by which he seeks to settle a prepet-ition personal injury claim of the debtor, John E. Hoover (the “Debtor”), resulting from a motor vehicle accident (the “Claim”) for ...
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MEMORANDUM OPINION AND ORDER GRANTING CHAPTER 13 TRUSTEE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN (ECF NO. 16) Came on to be considered the above-numbered bankruptcy case, and, in *704particular, the Chapter 13 Trustee’s Objection to Confirmation of Chapter 13 Plan (“Objection”) (ECF No. 16).1 The Court has jurisdiction over this proceeding under 28 U.S.C. §§ 157 and 1334. Venue is proper u...
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MEMORANDUM OF DECISION Before this Court is an objection to confirmation of the Chapter 13 plan of reorganization proposed by Albert Sjogren, the debtor in this Chapter 13 bankruptcy case *2(the “Debtor”),1 filed by the standing Chapter 13 trustee (the “Trustee”). The issue to be resolved is whether the requirements for confirmation of a Chapter 13 plan can be satisfied if, as here, a debtor fails...
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MEMORANDUM OF DECISION & ORDER I. INTRODUCTION The Young Mens Christian Association of Marquette County (“YMCA”) seeks approval of its selection of counsel to represent it as chapter 11 debtor-in-possession, but the United States Trustee filed an objection raising two main grounds for disqualification. First, he argues that the YMCA’s proposed counsel is not “disinterested” and therefore ineligib...
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MEMORANDUM DECISION The matter before the court is the Motion of Marisa Garcia (the “Debtor”) to Stay Adversary Proceeding [Adv. Dkt. No. 24] (the “Motion”), which seeks to stay the above-captioned adversary case (the “Adversary”). The Adversary was commenced by the filing of the Complaint Objecting to Debtor’s Discharge and for other Relief [Adv. Dkt. No. 1] (the “Complaint”) by Patrick S. Layng,...
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CONTESTED MATTER ORDER ON SKUBIC DEFENSE TO DEBTOR’S MOTION FOR CONTEMPT AND SANCTIONS FOR VIOLATING THE AUTOMATIC STAY, DENYING SKUBIC’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY, AND SCHEDULING STATUS CONFERENCE ON REMAINING ISSUES Before the Court is the Motion for Contempt and for Violation of the Automatic Stay, filed by the Debtor on November 25, 2015 (Docket No. 8), and amended by the Amen...
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MEMORANDUM OPINION This matter comes before the court on the City of Chicago’s Motion under § 503(a) for Allowance and Payment of Administrative Expense Claim. For the reasons stated below, the court denies the motion. BACKGROUND Glenn and Catherine Haynes filed for relief under Chapter 13 of the Bankruptcy Code on November 23, 2015. Them plan was confirmed on March 18, 2016. The Order Confirming...
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OPINION The Court held a trial on the merits of Plaintiffs nondischargeability and denial of discharge complaint. Having weighed the evidence and considered the relevant legal standards, the Court rules that Defendant’s discharge should be denied under §§ 727(a)(2)(B) and (a)(4). I. FACTS The Court finds the following facts:1 1. General. Defendant Bryan Lamey is a certified public accountant. He ...
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MEMORANDUM DECISION ON TRUSTEE’S MOTION TO MODIFY PLAN This case presents one of the many conundrums that arise when trying to determine how to treat a post-petition, non-income, asset received in a Chapter 13 case. In this case, the question is what to do about settlement proceeds from a post-petition, post-confirmation auto accident involving one of the debtors, Noel and Venus Villegas (the “Deb...
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MEMORANDUM DECISION ISSUING DECLARATORY RELIEF AND ENJOINING PLAINTIFF’S CLAIMS AGAINST DEFENDANTS Plaintiff General Motors LLC (“Plaintiff’ or “GM”) filed this adversary proceeding against the Manville Personal Injury Settlement Trust, Edward D. Robertson, Jr., Kirk P. Watson, and Mark A. Peterson, in their capacities as trustees (the “Manville Trust” or collectively “Defendants”). Am. Compl., E...
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MEMORANDUM OPINION AND ORDER REGARDING OCWEN LOAN SERVICING LLC’S MOTION TO LIFT THE AUTOMATIC STAY Pending before the Court is a motion for relief from the automatic stay (the “Motion,” ECF Doc. # 8) regarding real property owned by Rodolpho O’Farrill (the “Debtor”), located at 1554 Leland Avenue, Bronx, New York 10460 (the “Property’). The Motion was filed on June 19, 2017, by Ocwen Loan Servici...
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Order Denying Trustee’s Motion for Turnover and Directing Clerk to Re-Close Case This matter is before the Court on Chapter 13 Trustee Jan Hamilton’s Motion for Turnover; he seeks turnover of settlement proceeds that Debtor Kelly Sue Purcell 1 is entitled to receive as a result of a class action lawsuit filed in December 2013.2 While the Court frequently sees turnover motions, this one is unique ...
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MEMORANDUM DECISION REGARDING LEGAL ISSUES RELATED TO CONFIRMATION In their joint Identification of Legal Issues to be Briefed in Conjunction with Receiver’s Objections to Confirmation [Docket Number 97], the parties identified certain threshold legal issues, related to New Growth Advisors Inc.’s Objection to Confirmation [Docket Number 86], which have been thoroughly briefed and argued before th...
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MEMORANDUM OPINION AFTER RECOGNITION OF FOREIGN MAIN PROCEEDING PENDING IN THE HIGH COURT OF SOUTH AFRICA AND RECOGNITION AND ENFORCEMENT OF SOUTH AFRICAN SCHEME OF ARRANGEMENT On July 14, 2017, this Court entered an order recognizing as a foreign main proceeding a case pending in the High Court of South Africa (the “South African Court”) commenced by Cell C Proprietary Limited (“Cell C”), the fo...
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MEMORANDUM DECISION DENYING MOTION TO APPROVE SETTLEMENT The matter before the Court is the Motion Pursuant to Federal Rule Of Bankruptcy Procedure 9019 to Approve Settlement Agreement By and Between CS Mining, LLC and David J. Richards, LLC d/b/a Western US Mineral Investors, LLC (the ‘WUMI Motion”) filed by the Debtor and debtor-in-possession, CS Mining, LLC (the “Debtor” or “CSM”).1 Through th...
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MEMORANDUM DECISION This decision addresses the question of whether the debt of the Debtors/Defendants, Paul L. Clements and Tina M. Clements (“Defendants”), for money obtained in violation of state securities laws from the Plaintiffs, C. Brate Bryant, Elizabeth A. Bryant Living Trust, and C. Brate Bryant 1990 Revocable Trust (collectively “Plaintiffs”), is nondischargeable. The adversary complai...
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MEMORANDUM OPINION REGARDING MOTION TO DISMISS The matter before the court is the motion filed by Jennifer Cleland to dismiss this case pursuant to 11 U.S.C. § 109(e).1 A hearing took place in Raleigh, North Carolina, on February 21, 2017. At issue is whether the debts owed by the debtor, Stanley Boyd Green, exceed the statutory limits set forth in § 109(e), rendering Mr. Green ineligible to be a...
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MEMORANDUM OF DECISION Introduction On May 2, 2017, defendant Duke Partners II, LLC (“Defendant”) filed a motion to dismiss this adversary proceeding under Civil Rule 12(b)(6)1 for failure to state a claim. Dkt. No. 8. Plaintiff Teresa A. Baker (“Plaintiff”), the chapter 13 debtor in this bankruptcy case, opposes the motion. Dkt. No. 13. On June 6, 2017, the Court conducted a hearing concerning...
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MEMORANDUM ON MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding was commenced to determine the bankruptcy estate’s interest in real property. The matters under advisement are the cross motions for summary judgment filed by Plaintiff/ Debtor Carl Frederick Coslow (“Plaintiff’), and Defendant William Stephen Reisz, the Chapter 7 Trustee (“Trustee”). In addition to the cross motions for summary...
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MEMORANDUM OF OPINION Debtor moved to reopen her case under 11 U.S.C. § 350(b). No objections were filed. Complying with the court’s request, Debtor filed a memorandum in support of her motion on July 26, 2017. Subject matter jurisdiction of this matter is premised on 28 U.S.C. § 1334 and the general order of reference entered by the United States District Court for the Northern District on April ...
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DECISION AND ORDER CONVERTING CHAPTER 13 CASE TO CHAPTER 7 PROCEEDING The Chapter 13 Trustee (“Trustee”) moved to dismiss this case for cause under 11 U.S.C. § 1307(c)(1), alleging unreasonable delay that has been prejudicial to creditors. (ECF No. 227). Tower Capital Management, LLC (“Tower”) and Ches-wold TL, LLC (“Cheswold”), the holders of tax liens on certain of Mr. Wynn’s real estate holding...
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ORDER THIS MATTER comes before the Court on the Modified Chapter 13 Plan1 and Motion for Post-Confirmation Modification2 filed by Debtor Denise Rae Deese and the objection filed by the Chapter 13 Trustee Sally Zeman.3 JURISDICTION AND VENUE The Court has jurisdiction over this matter under 28 U.S.C. §§ 1334(a) and (b) *854and 157(a) and (b)(1). This is a core proceeding under 28 U.S.C. § 157(b)(2)...
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*733OPINION Before the Court is Carla Franco’s motion for relief from automatic stay, or for a declaration that the automatic stay does not apply. The motion was filed in the consolidated cases. Also before the Court is the chapter 7 trustee’s motion to dismiss this adversary proceeding (which was removed from state court) as having been filed in violation of the automatic stay and therefore void....
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MEMORANDUM OF DECISION AND ORDER I. INTRODUCTION Cynthia Brumley (the “Debtor”) filed her chapter 13 bankruptcy petition after falling behind in making payments to her home mortgage lender, Flagstar Bank or its assignees (the “Lender”). She proposed, and the court confirmed, a plan to cure the arrearage and maintain payments on her home, where she lives today, as contemplated in 11 U.S.C. § 1322(...
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DECISION AND ORDER PARTIALLY GRANTING PETITION FOR RECOGNITION OF FOREIGN MAIN PROCEEDING Aleksey Vladimirovich Bazarnov (the “Petitioner”), the financial administrator appointed by the Commercial (Arbitrazh) Court'of the Moscow Region (the “Russian Court”) in the proceeding of Sergey Petro-vich Poymanov (“Poymanov”) pending in Russia (the “Russian Insolvency Proceeding”) pursuant to Russian Feder...
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MEMORANDUM OPINION GRANTING RECOGNITION OF THE FOREIGN MAIN PROCEEDING, THE FOREIGN REPRESENTATIVE, THE SANCTION ORDER, AND RELATED RELIEF U.S. Steel Canada Inc. (“USSC”) filed this chapter 15 case on June 2, 2017 (the “Petition Date”), seeking recognition in this Court of its Canadian CCAA Proceeding as a foreign main proceeding, and seeking recognition and enforcement in the United States of th...
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ORDER SANCTIONING KENNETH A. FRANK PURSUANT TO 28 U.S.C. § 1927 FOR UNREASONABLY AND VEXATIOUSLY MULTIPLYING PROCEEDINGS, DIRECTING TRUSTEE YIP TO FILE A BILL OF COSTS, ETC., FINDING KENNETH A. FRANK TO HAVE ACTED IN BAD FAITH, PROHIBITING FILINGS BY HIM, AND DIRECTING CLERK TO TAKE CERTAIN ACTIONS This Chapter 7 case came on for hearing before the Court on January 19, 2017, on the Court’s Order ...
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MEMORANDUM DECISION Before the court is the Motion for Summary Judgment [Adv. Dkt. No. 57]' (the “Motion”) brought by Associated Bank, National Association (“Associated”), in the above-captioned adversary case (the “Adversary”). The Motion is opposed by Norman B. Newman (the “Trustee”), solely as the Liquidating Trustee of the World Marketing Liquidating Trust and the successor in interest to the ...
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MEMORANDUM OF DECISION AND ORDER ON THE TRUSTEE’S LIMITED OBJECTION TO THE DEBTOR’S HOMESTEAD EXEMPTION CLAIM John J. Aquino, the chapter 7 trustee in this case, has filed an objection to the exemption in real property claimed by the debtor, Constantin Zakarian, requesting that the amount of the exemption be limited either to $125,000, the so-called automatic homestead exemption under Massachusett...
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OPINION ON DEBTOR’S MOTION TO APPROVE ASSUMPTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN OAK-FABCO, INC, AND NEW ENGLAND REINSURANCE CO. [DKT. NO. 67] Debtor moved for approval of a settlement with New England Reinsurance Company (“New England”) (Dkt. No. 67) which was objected to by the Asbestos Claimants’ Committee, (Dkt. No. 338.) New England and the Debtor filed responses in favor of th...
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ORDER INTERPRETING RIGHT OF FIRST REFUSAL Before the Court is a motion by the Debtor, Sixty Sixty Condominium Association, Inc. (the “Debtor” or the “Association”), for approval of a proposed bulk sale that includes the sale of all of the Debtor’s assets (the “Sale Motion”) [DE #174]. Ordinarily, the Court’s analysis would be limited to a determination of whether the proposed sale satisfies the “...
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On December 27, 2015, this Court approved Debtors’ request to employ BGC Real Estate of Arizona, LLC, dba New-mark Grubb Knight Frank, and its agents, Geoffrey M. Waldrom and Dan Dobric (jointly referred to hereinafter as “BGC”), to market and sell certain real estate of Debtors. Debtors sought BGC’s employment pursuant to 11 U.S.C. § 327 and agreed to pay BGC a fixed commission based on a percent...
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MEMORANDUM I. INTRODUCTION In this chapter 13 bankruptcy case, Debtor Carren Cohen-Harvin (“the Debt- or”) has filed a chapter 13 plan in which she proposes to pay off the entire residential mortgage claim of Bank of America (“BOA”) pursuant to 11 U.S.C. § 1325(a)— (rather than curing the default under § 1322(b)(5), as is far more common in chapter 13 cases involving residential mortgages). The D...
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Plaintiffs, Robert A. Sears, individually and as the testamentary trustee under the will of Redmond Sears, deceased, and Kor-ley B. Sears, appeal from the bankruptcy court’s1 order granting defendants’, Rhett R. Sears, Rhett Sears Revocable Trust, Ronald H. Sears, Ronald H. Sears Trust, and Dane Sears, motion to dismiss the plaintiffs’ complaint. For the reasons below, we affirm. BACKGROUND This a...
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MEMORANDUM I.INTRODUCTION Presently before the court is the Debtor Amel M. Odom’s Motion for Sanctions for Violation of the Automatic Stay (“the Motion”). The respondent is the Philadelphia Parking Authority (“the PPA”). The Debtor filed the Motion on June 2, 2017, shortly after the PPA impounded his automobile. The PPA filed a response the Motion on June 16, 2017. The hearing on the Motion was he...
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MEMORANDUM I. INTRODUCTION In this adversary proceeding, Plaintiff Amel M. Odom (“the Debtor”) seeks damages under 11 U.S.C. § 362(k) from the Defendant Philadelphia Parking Authority (the “PPA”) for an alleged “willful” violation of the automatic stay, 11 U.S.C. § 362(a). Presently before the court are the parties’ cross motions for summary judgment.1 The facts are not complicated. The parties a...
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OPINION1 INTRODUCTION Before the Court is a motion to dismiss the Second Amended Complaint (the “Complaint”) brought by the Chapter 7 Trustee of the above-captioned estate. The Complaint alleges preferential transfers, breach of contract, and breach of guaranty and an accounting across eight different claims. For the foregoing reasons, the Complaint is dismissed, in its entirety, as the claims ar...
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MEMORANDUM DECISION Before the court is the Debtor’s Motion to Approve the Setting Aside/Vacate [sic] of Judicial Sale [Dkt. No. 47] (the “Motion”) filed by Trina D. Whitlock-Young (the “Debtor”). The Motion seeks to vacate a postpetition sale and acts relating thereto conducted by Planet Home Lending, LLC (“PHL”) of property on which the Debtor and a third-party are co-obligated, as the sale and...
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ORDER INTERPRETING PLAN PROVISION THIS MATTER comes before the Court on the Debtor’s Motion for Determination of Effect of Confirmed Plan on Partition of Debtor’s Property. The parties have asked this Court to determine whether the plan’s language, which mirrors 11 U.S.C. § 1141(c)1 and vests property of the estate in the Debtor upon confirmation “free and clear” of claims and interests, extinguis...
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MEMORANDUM OPINION This matter came before the Court for an evidentiary hearing on the confirmation of the amended chapter 11 plan of reorganization, dated March 20, 2017 (the “Amended Plan”)1 filed by Wagle, LLC d/b/a Ed & Mark’s Locksmith (the “Debt- or”) and the objection to confirmation of the Amended Plan filed by Lynn Stone McLaughlin (“McLaughlin”).2 Having reviewed the record, testimony, ...
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MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO AVOID LIEN OF JUDGMENT CREDITOR BELL AUTO FINANCE [DKT. NO. 70] Leonard R. Flowers (“Debtor”) has moved to avoid the lien of judgment creditor Bell Auto Finance (“Bell”). For the reasons discussed below, Debt- or’s motion will be denied. UNDISPUTED FACTS 1. On July 21, 2009, the Circuit Court of Cook County entered a judgment against Debtor and in favo...
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MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO PROOF OF CLAIM #3 OF UNI-FUND CCR PARTNERS [DKT. NO. 85] Edgar Contreras Jr. and Delia B. Cirue-las (“Debtors”) have objected to Unifund CCR Partners’ (“Unifund”) Proof of Claim # 3. (Claim # 3-1.) *791For the reasons discussed below, Debtors’ objection will be sustained. UNDISPUTED FACTS 1. On or about December 11, 2007, Un-ifund (an assignee of Pr...
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ORDER REGARDING STAY TERMINATION UNDER 11 U.S.C. § 362(c) This contested matter requires the Court to interpret 11 U.S.C. § 362(c)(3)(A). Section 362(c)(3)(A) plainly effects a termination of the automatic stay on the thirtieth day after the petition date in a chapter 7, 11, or 13 case if the debtor had a prior case dismissed within the previous year. However, the extent of termination under sect...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Plaintiffs ask for summary judgment, on Counts I and II of their Complaint, to obtain an award of damages against Debt- or for copyright and trademark infringement and a determination that such damages are excepted from discharge under 11 U.S.C. § 523(a)(6).1 Their principal contention is that Debtor, through a wholly-o...
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OPINION2 Before the Court is the Motion of Roma Dining, LLC and RomaCorp, Inc. (jointly, *114“Roma”) for an order (i) finding as a matter of law that a trademark license agreement cannot be assumed and assigned, even if it had not been terminated pre-petition, and (ii) in an abundance of caution, retroactively modifying the automatic stay pursuant to 11 U.S.C. § 362(d) if the automatic stay could...
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MEMORANDUM ORDER The Court is deciding important issues for Delaware Sports Complex, LLC (the “Debtor”) and the Town of Middletown (the “Town”), and a matter of great local interest. The issues are: (1) whether the Levels Road Sports Complex Ground Lease Agreement, dated February 24, 2016, between Debtor and the Town (the “Lease”) (Debtor Exhibit 1), a non-residential lease, was terminated before...
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OPINION I. INTRODUCTION1 The litigants in the adversary proceeding are plaintiffs SNMP Research International, Inc. (“SNMPRI”) and SNMP Research, Inc. (“SNMPR”) (collectively, “SNMP”) and the defendants, Nortel Networks Inc. and affiliated entities (“Nor-tel”). The Court held a two-day trial on May 11 and 12, 2017 (the “Trial”) to determine whether certain software was licensed for use or distrib...
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MEMORANDUM OPINION This is a preference action filed by the Chapter 7 Trustee, Joseph B. Spero (“Trustee”), seeking to recover a $100,000 “criminal restitution” payment made pre-petition by the Debtor, Douglas Grooms (“Grooms”), to an automobile dealership operating under the name of Community Chevrolet (“CC”). The United States of America (“U.S.”) was not originally a party to the action but upo...
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MEMORANDUM DECISION REGARDING STAGE ONE ISSUES Prior to the petition date in these chapter 11 cases, Charles C. Johnson (“Johnson”) and his company, Got News LLC (“GotNews,” and together with Johnson, the “Claimants”) brought a lawsuit against Debtor. Gawker Media LLC (“Gawker”) and two of its employees in California state court (the “California Action”) alleging various torts arising out of the ...
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MEMORANDUM OPINION GRANTING RECOGNITION OF FOREIGN DEBTORS’ CAYMAN ISLANDS PROCEEDINGS AS FOREIGN MAIN PROCEEDINGS In these four jointly administered chapter 15 cases, Simon Appell and Eleanor Fisher, the joint provisional liquidators and authorized foreign representatives (the “JPLs”) of Ocean Rig UDW Inc. (“UDW”), Drill Rigs Holdings Inc. (“DRH”), Drillships Financing Holding Inc. (“DFH”) and D...
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*83MEMORANDUM OPINION AND ORDER GRANTING ALLIED WORLD’S MOTION TO COMPEL ARBITRATION Shortly after the Plaintiffs1 filed the Complaint that initiated this adversary proceeding, the Bermuda Insurers2 asked this Court to compel arbitration of the insurance coverage dispute underlying the Complaint. Iron-Starr and Federal Insurance Company (“Federal”) have settled their disputes with the Plaintiffs,...
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MEMORANDUM DECISION ON OBJECTION TO CLAIM I. Factual Background Ridgecrest Healthcare, Inc. (the “Debt- or”) filed a chapter 11 petition on September 16, 2013. The case was converted to chapter 7 on September 4, 2014. Howard Ehrenberg is the duly appointed chapter 7 trustee (the “Trustee”). Pre-petition, the Debtor operated a skilled nursing facility in Ridgecrest, California. On March 31, 2014, ...
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MEMORANDUM OF DECISION REGARDING MOTION FOR RELIEF FROM JUDGMENT This adversary proceeding is back before the court on a Motion for Relief from Judgment (“Motion”) [Doc. # 177] filed by Defendants Nancy Packo Horvath Probate *867Estate (“NPH Estate”), Robin L. Horvath in his capacity as executor of the NPH Estate, the Nancy Packo Horvath Trust under the Amended and Restated Trust Agreement dated ...
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MEMORANDUM OF DECISION Before the Court is Jet Midwest, Inc.’s (“JMI”) motion for allowance of an unsecured rejection damages claim (the “Motion”). [See ECF No. 1630]. JMI seeks allowance of its claim for damages arising from the debtors’ rejection of an unexpired lease of nonresidential real property, despite having missed the deadline for filing such a claim. See Motion ¶ 23. The debtors oppose...
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MEMORANDUM OPINION PARTIALLY GRANTING MOTIONS FOR PARTIAL SUMMARY JUDGMENT These matters came before me for hearing on April 20, 2017 on the Motion to Allow Claim In Part / For Partial Summary Judgment Regarding Breach of Fiduciary Duties (the “Motion Regarding Breach of Fiduciary Duties,” Dkt. No. 196) by Nancy L. James, Chapter 7 Trustee (the “Trustee”) for the bankruptcy estate of the Breast C...
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DECISION & ORDER The remaining defendants in this adversary proceeding have moved to dismiss two causes of action that seek to avoid allegedly fraudulent conveyances. Central issues include whether the applicable statute of limitations precludes recovery, and whether a fraudulent conveyance can arise from payment of expenses for the benefit of oneself and one’s dependants. Robert R. Conti is a ph...
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ORDER TRANSFERRING VENUE TO NORTH DAKOTA UNDER 28 U.S.C. § 1412 THIS MATTER came before the Court on the United States Bankruptcy Administrator’s Motion to Dismiss or Change Ven*199ue [Dkt. 16, 07/24/17] (the “Motion”), in which the United States Bankruptcy Administrator argued that (a) venue of these two jointly administered Chapter 11 cases, In re Grand Dakota Partners, LLC, Case No.17-31184, an...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANTS [DE # 24] CAME ON FOR CONSIDERATION the Motion for Summary Judgment (the “Motion for Summary Judgment”) [DE #24], filed by Defendants Wells Fargo Bank, N.A. (the “Loan Servicer”), as Servicing Agent for U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Loan Trustee 2...
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ORDER ON MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN (ECF NO. 191) THIS MATTER came before the Court upon the Second Renewed Motion to Value *893Collateral, Determine Secured Status of Lien on Real Property and Modify the Rights of US Bank National Association and Legacy Bank of Florida (the “Motion to Value and Determine Secured Status of Lien”) (ECF No. 191) filed by John R. Hock and Do...
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ORDER ON DEFENDANT TBO’S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 597) RELATING TO PLAINTIFF’S MOTION FOR ATTORNEY’S FEES THIS MATTER came before the Court upon the Motion for Partial Summary Judgment on Threshold Legal Issues (the “Motion for Partial Summary Judgment”) (ECF No. 597) filed by Defendant The Best One, Inc. (“TBO”) as to the Motion and Memorandum of Law in Support of its Applica...
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OPINION AND ORDER DENYING DEBTOR’S UTILITY MOTION This Chapter 13 case is before the Court on the Debtor’s motion, filed July 31, 2017, entitled “Debtor’s Motion to Compel DTE Energy Restore Services to Debtor’s Residence; Require DTE Energy to Issue A Debtor A Post-Petition Bill; and Request For Sanctions For Willful Violation of the Automatic Stay Pursuant to 11 U.S.C. § 362(a), et. seq.” (Docke...
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OPINION AND ORDER DENYING DEBTOR’S MOTION FOR RECONSIDERATION, BUT PROVIDING LIMITED PROCEDURAL RELIEF This case is before the Court on the Debtor’s motion entitled “Motion for Reconsideration of Order Denying Fee Application Without Prejudice,” filed July 13, 2017 (Docket #89, the “Motion”), which the Court construes as a motion for reconsideration of, and for relief from, the Court’s order file...
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MEMORANDUM OPINION THIS MATTER came before the Court on the United States Trustee’s Motion to Reconsider (Dkt. # 1216) and Response in Opposition to the U, S. Trustee’s Motion to Reconsider Final Judgment (Dkt. # 1238) filed by Horne LLP. Having considered same, the Court finds that the United States Trustee’s Motion to Reconsider (Dkt. # 1216) is not well-taken and should be denied. FINDINGS OF ...
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ORDER AND MEMORANDUM OPINION OVERRULING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS Ordinarily, a debtor who is not a U.S. citizen cannot legally formulate the intent to reside here permanently for homestead purposes unless the debtor is a permanent resident as of the petition date. Here, the Debtor was not a permanent resident as of the petition date. So she cannot legally intend to resi...
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Martin J. Tirrell (“Debtor”) appeals the January 31, 2017 judgment of the bankruptcy court1 denying Debtor a discharge of his debts. We affirm. BACKGROUND Charles Gabus Motors, Inc. (“Gabus Motors”) filed an adversary complaint asking the bankruptcy court to determine the dis-chargeability of its claim against Debtor and to deny Debtor a discharge in his chapter 7 case. Shortly before the schedule...
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MEMORANDUM DECISION REGARDING OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN Deanna Hazelton, Esq., appeared on behalf of the chapter 13 trustee, Michael H. Meyer, Esq. Patrick Kavanagh, Esq., appeared on behalf of the debtor, Ellyn D. Lopez (the “Debtor” or “Lopez”). Introduction.1 The “cobra effect” is the unintended consequence of a blanket rule. The serpent slithers and coils around the allowab...
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Amended Opinion Granting in Part Chapter 13 Trustee’s Motion Regarding Order Dismissing Chapter 13 Case 1 Introduction Elin Haddad (“Debtor”) is the debtor in this Chapter 13 case. After she filed her Chapter 13 petition, but before confirmation of her plan, the Debtor was injured in an automobile accident. The Debtor did not list a claim against anyone arising from the accident in any schedules ...
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MEMORANDUM OF DECISION AND ORDER Ana R. Post (the “Debtor”) filed a Chapter 13 petition on September 21, 2016, with the assistance of counsel, Timothy F. Johnson, Esq. (“Debtor’s Attorney”), struggling for several months to address objections to confirmation, a dismissal motion, and two adversary proceedings under § 523, among other demands. In the process, she incurred a debt to her counsel in th...
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MEMORANDUM OF DECISION ON TRUSTEE’S MOTION FOR INSTRUCTIONS AS TO DISTRIBUTION RIGHTS OF CERTAIN CREDITORS The question presented is whether, in a Ponzi scheme case, the timely-filed claims *244of investors for lost profits should be paid before or after the untimely-filed claims of investors for lost principal. I conclude that the timely claims should be paid first, including the lost profits por...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the “Motion by Movant for Summary Judgment Relative to Estate Tax Claim of the Massachusetts Department of Revenue” (the “MDOR”) through which Robert J. Spen-linhauer (the “Debtor”) seeks an' order granting summary judgment in his favor and finding that the proof of claim bar date (the “Bar Date”) of May 2, 2014 prevents the filling by the...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the Motion by Respondent, Robert J. Spenlin-*21hauer (the “Debtor”), for Summary Judgment Relative to Estate Tax Claim of the United States of America. The Debtor’s Motion for Summary Judgment arises in the context of a contested matter initiated by the filing of “Creditor United States of America’s Motion to Determine Tax Liability Pursua...
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MEMORANDUM DECISION1 This matter comes before the court on the Complaint To Avoid Fraudulent Transfer Pursuant to the Illinois Fraudulent Transfer Act, Recover Damages and Authorize the Sale of the Creek Drive Property Pursuant to 11 U.S.C. § 363(h) [Adv. Dkt. No. I]2 (the “Complaint”) filed by Barry A. Chatz (the “Trustee”), not individually but as the Chapter 7 Trustee for the Estate of Gurrie ...
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MEMORANDUM OF DECISION AND ORDER PRESENT: HONORABLE SCOTT W. DALES Chief United States Bankruptcy Judge I. INTRODUCTION Soon after getting a chapter 7 discharge in an earlier case in this court, Darcy A. Frantz-Hager (the “Debtor”) experienced job loss while receiving only sporadic support payments from her ex-husband and began a not-so-successful gambling streak, racking up new debt in the proce...
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MEMORANDUM ORDER REGARDING FEES Attorney Martin Holmes, Esq., filed a Petition for Allowance of Fees for Attorney for the Debtors [sic] on May 9, 2017 (the “Fee Application,” ECF No. 57), two months after his client, Lori Lynn Burkall (the “Debtor”), voluntarily converted her chapter 13 case to chapter 7. After giving appropriate notice of the Fee Application under LBR 9013(c), and receiving no ob...
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Memorandum Opinion and Order Granting Debtors’ Motions for Partial Summary Judgment and Denying Creditor’s Motions for Partial Summary Judgment and Dismissal The question of whether an entity is eligible to be a “debtor” under the Bankruptcy Code seems, at first blush, to be elementary. Either the entity is or it is not, and let us all move on to the substance of the matter. But that question has...
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DECISION & ORDER A judgment creditor opposes a motion that the debtor has brought under 11 U.S.C. § 522(f) to' avoid the fixing of liens. At this stage of the proceeding, we address only the creditor’s initial argument, that the homestead exemption is limited to the debtor’s residence and does not extend to adjacent structures and undeveloped land. Jamie L. Faulring filed a petition for relief un...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW In its first bankruptcy case, the Debtor confirmed a plan that expressly acknowledged that the Debtor owed TD Bank, which held a mortgage on the Debtor’s property, $2,001,929.63 on the parties’ loan. Although the Debtor was only obligated to pay TD Bank $1.4 million under the plan in the Debtor’s first case, that plan provided that TD Bank would be owed the...
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DECISION This case involves the court’s power to prevent a debtor’s continuing abuse of the bankruptcy system. Ignacio Mendiola is a repeat filer. Over the last six years, he has filed six Chapter 13 bankruptcy petitions, either individually or jointly with his wife. All five prior cases were dismissed after the debtor failed to make plan payments or otherwise did not comply with his obligations u...
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MEMORANDUM DECISION REGARDING DETERMINATION OF SUR-VIVORSHIP BENEFITS AS “RETIREE BENEFITS” Marlene Clark (“Clark”) is the surviving spouse of Stephan Clark, a former employee/retiree of the Debtors. Following his retirement from Avaya, Mr. Clark was receiving deferred compensation in the form of monthly pension benefits under a supplemental pension plan, and after his death, those benefits becam...
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ORDER ALLOWING AMENDED OBJECTION TO CLAIM AS TO CALCULATION AND REQUIRING FILING OF AMENDED PROOF OF CLAIM The matters before the court in this chapter 11 case are the remaining aspects of the debtor’s amended objection to the claim of J. Jeffrey Tinkham Family Trust (“the Trust”). An order denying the objection to the extent that it asserted the North Carolina Rules of Professional Conduct as a d...
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MEMORANDUM OPINION This Memorandum Opinion and accompanying Order resolves Gail Thomas Whit-comb’s motion to disqualify counsel for Jeriann Kolber. On June 29, 2017, the Court held a hearing on the motion and asked for additional briefing on two issues: (i) may confidential information alone impact a lawyer’s ability to adversely represent an individual; and (ii) does the arbitrator’s previous de...
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OPINION Matter Before the Court This matter comes before the Court by way of a Remand Order and Opinion dated *551September 16, 2016 issued by the United States District Court for the District of New Jersey (the “District Court”) concerning confirmation of the Debtor’s Modified Chapter 13 Plan. This Court previously entered an Order dated August 27, 2015 denying confirmation of Debtor’s Modified ...
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OPINION Before the Court is Debtor’s application to employ Robert D. Gorman, P.A. and to approve certain employment terms under § 328(a).1 The Unsecured Creditor’s Committee appointed in this case (“UCC”) objected to the hourly rates proposed in the application, and also to a provision that Debtor must pay all of the Gorman firm’s reasonable attorney fees incurred defending its fee applications. ...
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MEMORANDUM OPINION AND ORDER GRANTING DEBTOR’S MOTION FOR SUMMARY JUDGMENT AND SUSTAINING DEBTOR’S OBJECTION TO CLAIM The parties have filed competing motions for summary judgment on the Debt- or’s objection to the proof of claim filed by the United States of America on behalf of the Internal Revenue Service (the “United States”).1 The United States asserts that the Debtor’s liability from a Tax ...
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MEMORANDUM OPINION Which came first: the lease rejection or the rental obligation? The Court welcomes this opportunity to resolve a bankruptcy permutation of the chicken-and-the-egg conundrum that has vexed curious minds throughout history. Hertz Gateway Center, L.P. seeks allowance of a chapter 11 administrative-expense claim for unpaid rent and other charges which came due under a lease for off...
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MEMORANDUM OPINION1 Before the Court is a Joint Motion for Summary Judgment2 filed by TSA Stores, Inc. (“TSA Stores”) and Yusen Logistics (Americas) Inc. (“Yusen”) (collectively, the “Movants”) in an adversary proceeding brought by 02Cool, LLC (“02Cool”). In its Complaint, 02Cool seeks a determination that, inter alia, certain goods that were shipped to TSA Stores from 02Cool were not property of...
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Mary L. Smith (“Ms. Smith”) appeals from a bankruptcy court judgment in favor of Kathleen Whitcomb and Scott Whit-comb (collectively, the “Whitcombs”), wherein the bankruptcy court: (1) determined that the state court judgment debt Ms. Smith owes the Whiteombs is excepted from discharge pursuant to § 523(a)(6) and § 523(a)(2)(A);1 and (2) granted the Whit-combs relief from the automatic stay in or...
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MEMORANDUM OF DECISION DENYING THE DEPARTMENT OF HEALTHCARE SERVICES’ MOTION FOR ALLOWANCE OF AN ADMINISTRATIVE PRIORITY CLAIM At issue is whether an exaction assessed against the estate by the California Department of Health Care Services (“DHCS”), pursuant to the hospital quality assurance fee program, is properly characterized as a tax entitled to payment as an administrative priority claim pu...
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MEMORANDUM OF DECISION & ORDER The Michigan Unemployment Insurance Agency (the “MUIA”) filed a Motion to Allow Filing of Late Claim (ECF No. 19, the “Motion”), and the chapter 13 trustee, Barbara P. Foley (the “Trustee”), filed her objection (ECF No, 20, the “Objection”). The court held a hearing on September 20, 2017, in Kalamazoo, Michigan, to consider the Motion and the Objection. The MUIA, th...
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MEMORANDUM AND ORDER Plaintiffs MarPad, L.L.C., Catherine Martinez and Jose Padillar-Ruezga filed a Complaint seeking denial of Debtor/Defendant Nickolas Todd Seevers’ bankruptcy discharge under 11 U.S.C. § 727. Alternatively, Plaintiffs seek a determination that Debtor’s debt to Plaintiffs is excepted from discharge under 11 U.S.C. § 523(a)(2), (a)(4) and (a)(6). In his Answer, Debtor denies the...
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MEMORANDUM OPINION REGARDING SUBSTANTIVE CONSOLIDATION On September 26-27, 2017, this court held a hearing to consider confirmation of the above-referenced Chapter 11 Debtors’ Third Amended Joint Plan of Reorganization, as modified by certain Plan Supplements and modifications in the record (the “Plan”). After hearing numerous witnesses and considering hundreds of documents submitted into evidenc...
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*140MEMORANDUM OPINION AND ORDER Pending in the main case is the Amended Motion for In rein Relief from Automatic Stay by Creditor, HSBC Bank USA, NA., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP3, Asset Backed Pass-Through Certificates (“HSBC”), filed February 14, 2017 [Dckt. 9...
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MEMORANDUM OF LAW This bankruptcy case is another chapter in the decade long struggle between the Internal Revenue Service (“IRS”) and Mr. Bailey over taxes. Much of that story is set forth elsewhere and is not relevant to the decision here. Now, the United States of America, on behalf the IRS, seeks to enforce its federal tax liens on debtor F. Lee Bailey’s pension accounts and right to Social S...
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MEMORANDUM OPINION This matter comes before the court on the motion of Argon Credit, LLC and Argon X, LLC (“Debtors”) for declaratory relief or a protective order. The Debtors’ motion is granted. Because under the circumstances of this case the only possible § 341(a) meeting has been concluded, the Debtors have no obligation under § 343 to appear at the continued May meeting, it being a special m...
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MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION IN IRA ANNUITY [Doc. # 28] In the above-entitled chapter 7 case, debtor Daniel Drumheller (individually, “the Debtor”; with his spouse and joint debtor, “the Debtors”) has claimed as exempt, under 11 U.S.C. § 522(b)(3)(C) and MASS. GEN. LAWS ch. 235, § 34A, his interests in three annuity contracts.with Allianz Life Insurance Compa...
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ORDER: 1) DENYING MOTION FOR CONTEMPT AND 2) DECLARING VOID FORECLOSURE SALE HELD IN VIOLATION OF AUTOMATIC STAY THIS CASE came on for hearing on September 13, 2017, for consideration of the Motion for Contempt of Automatic Stay (the “Motion for Contempt and In-junctive Relief’) (Doc. 22) filed pro se by the Debtor. The Motion for Contempt and Injunctive Relief asks for two forms of relief. First...
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MEMORANDUM OPINION AND ORDER ON UNITED STATES TRUSTEE’S AMENDED COMPLAINT TO REVOKE DISCHARGE (DOC. NO. 4) This Memorandum Opinion and Order serves as the Court’s findings of fact and conclusions of law for the United States Trustee’s Amended Complaint to Revoke Discharge (Plaintiff), and the Answer filed by the Debtor, John E. Fonner (Defendant). In the Amended Complaint, Plaintiff charges Defend...
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OPINION AND ORDER (1) DENYING DEBTOR’S EX PARTE MOTION TO REOPEN CASE, BUT WAIVING MOTION FILING FEE; AND (2) STRIKING THE “CERTIFICATE OF DEBTOR EDUCATION” FILED SEPTEMBER 28, 2017 This case is before the Court on the Debtor’s motion filed September 28, 2017, entitled “Motion To Reopen Case and Waiver Reopen Fee.” (Docket # 21, the “Motion”). .The Motion seeks to reopen this case, to enable the D...
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OPINION AND ORDER (1) DENYING DEBTOR’S EX PARTE MOTION TO REOPEN CASE, BUT WAIVING MOTION FILING FEE; AND (2) STRIKING THE “CERTIFICATE OF DEBTOR EDUCATION” FILED OCTOBER 2, 2017 This case is before the Court on the Debtor’s motion filed October 2, 2017, entitled “Motion To Reopen/Reinstate Case and Waive Fee to Reopen” (Docket # 16, the “Motion”). The Motion seeks to reopen this ease, to enable t...
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DECISION AND ORDER ON MOTION TO RESTRICT ACCESS At Fort Wayne, Indiana, on September 18, 2017. The purpose of any request for relief, be it a complaint, a motion, or an application, is to clearly and concisely inform the reader what it is the filer wants and why they should get it. In the case of a complaint, that means “a short and plain statement of the claim showing that the pleader is entitl...
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OPINION REGARDING DEBTOR’S POST-PETITION FINANCING MOTION I. Introduction This Chapter 11 case is before the Court on the Debtor’s motion under 11 U.S.C. §§ 364(c)(1) and 364(d) for approval of post-petition financing, filed September 5, 2017, entitled “First Day Emergency Motion of the Debtor for Entry of Interim and Final Orders (I) Authorizing Debtor to Obtain Post-Petition Financing, (II) Sch...
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OPINION This matter is before the Court following a hearing on an Objection to Claim of Exemptions and a Motion for Turnover Order filed by Kristin Wilson, Chapter 7 trustee (“Trustee”). The Trustee challenges the Debtor’s claimed exemption in proceeds from the sale of her homestead on the basis that the exemption could expire at a later date. Because the exemption was validly claimed as of the p...
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FILED 1 ORDERED PUBLISHED SEP 26 2017 SUSAN M. SPRAUL, CLERK 2 U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 3 UNITED STATE...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING A DISCHARGE TO THE DEBTOR UNDER SECTION 523(a)(2)(A) OF THE BANKRUPTCY CODE Pending before this Court is the motion for summary judgment filed by Lupe Development Partners, LLC (“Lupe”) and Steven Minn (“Minn,” together with Lupe, the “Plaintiffs”), the Plaintiffs in the above-captioned adversary proceeding ...
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