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Opinions in br Volume 110

MEMORANDUM OF OPINION RE COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF DEBT This matter is before the Court on Luis Coq’s (Coq) Complaint to Determine Dis- *2 chargeability of Debt pursuant to 11 U.S.C. § 523(a)(2)(A) as a debt for money obtained by “false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.” T...
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ORDER ON MOTION FOR RECONSIDERATION The Reorganized Debtor noticed for hearing objections to claims filed by creditors. The ground asserted for the objections presently before the Court was that the creditors had received avoidable preferences and therefore their claims must be disallowed under 11 U.S.C. § 502(d). Some creditors opposed the claim objections, variously asserting contemporaneou...
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110 B.R. 9 (1990) In re Daniel Deanda TAMEZ, Jane Estorga Tamez, Debtors. Bankruptcy No. 89-06504-M13. United States Bankruptcy Court, S.D. California. January 3, 1990. Mark A. Smith, The Bankruptcy Legal Center, San Diego, Cal., for debtors. James C. Kostas, Huffman & Kostas, San Diego, Cal., for objecting creditor. David L. Skelton, San Diego, Cal., for Chapter 13 Trustee. ORDER ON CONFIRM...
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The trustee in this Chapter 7 proceeding objects to the debtors’ claimed exemption of three horses as tools of trade. This objection thus raises the issue of whether animals can be classified as tools of the debtors’ trade. Debtor Jerry Bob Stewart is employed as a yardman for Treasure Valley Livestock. He uses the horses in the pursuit of his employment duties. If he did not have his own horse...
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ORDER At Butte in said District this 16th day of May, 1988. In this Chapter 11 case, the Debtors have filed a Motion to Alter or Amend the Order of April 12, 1988, awarding an oversecured creditor, Jean L. King, the sum of $14,-500.00 in attorney fees under Section 506(b) of the Bankruptcy Code. The Order further directed that such sum be paid within 90 days from confirmation. The Debtors’ motion...
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MEMORANDUM DECISION This matter is before the Court on the objection of debtors, Joseph & Valeria Brady, to the claim of the Internal Revenue Service (IRS). The IRS filed a secured claim for a 100 percent penalty of $47,-250.34, which is the unpaid employee withholding taxes for American Electronics Sales, Inc. (American), for the third and fourth quarters of 1982 and the first quarter of...
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110 B.R. 20 (1990) In re KAISER STEEL CORP., et al., Debtors. KAISER STEEL CORP., et al., Plaintiffs, v. Joseph A. FRATES, et al., Defendants. KAISER STEEL CORP., et al., Plaintiffs, v. Monty RIAL, et al., Defendants. Civ. A. Nos. 89-K-635, 89-K-837, Bankruptcy No. 87 B 1552 E. United States District Court, D. Colorado. January 16, 1990. *21 H. Thomas Coghill, David J. Richman, Coghill & Good...
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This adversary proceeding 1 is before us on the complaint of Colorado to determine *29 whether unemployment benefits given Debtor were obtained by fraud. We find the benefits were obtained by fraud, and accordingly, hold the debt is not discharge-able in bankruptcy. Colorado instituted this proceeding to collect an overpayment of unemployment benefits to Debtor. The...
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110 B.R. 34 (1990) In re S & D FOODS, INC., f/k/a Consolidated Pet Foods, Inc., Debtor. CONSOLIDATED PET FOODS, INC., et al., Plaintiff(s), v. MILLARD REFRIGERATED SERVICES, INC., et al., Defendant(s). Bankruptcy No. 89 B 06041 J, Adv. No. 89 J 1230. United States Bankruptcy Court, D. Colorado. January 26, 1990. Garry R. Appel, Michael J. Guyerson, and Darrell Daley, Esq., Rothgerber, Appel, ...
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MEMORANDUM AND ORDER This is an appeal from an order of the bankruptcy court dismissing the appellant Lawrence National Bank’s (Bank) complaint to revoke discharge in the Chapter 7 proceeding of debtors Benny Leigh Ed-monds and Shirley Jeannine Edmonds. The court has carefully reviewed the arguments of the parties and is now prepared to rule.1 The standards of review are well-settled. The bankrup...
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MEMORANDUM OPINION AND ORDER This matter comes on for hearing before the Court on August 16, 1989, pursuant to debtor/plaintiff Gary R. Donahue’s Verified Complaint for Order Enjoining State Court Enforcement of Alleged Lien and Order to Determine Extent of Alleged Lien. The debtor/plaintiff appeared in person and through his attorney, John T. Flan-nagan. The defendant, Linda K. Parker, a...
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ORDER ON OBJECTIONS TO CONFIRMATION OF AMENDED CHAPTER 13 PLAN Debtors have filed an amended plan (the “Plan”) under Chapter 13 of the Bankruptcy Code 1 and have proposed its confirmation. The Chapter 13 Trustee (“Trustee”) and Federal National Mortgage Association (“FNMA”), a holder of a secured claim against property of debtors, have objected to the confirmation of the Plan. ...
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MEMORANDUM OF DECISION This matter came before the Court on the Debtor’s Motion to Avoid Lien of City Finance to the extent it impairs exemptions. City Finance objected to the Debt- or’s motion on the grounds that the avoidance was not authorized under Bankruptcy Code Section 522(f)(2). After consideration of the applicable law, it is the opinion of this Court that the Debtor’s Motion is ...
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MEMORANDUM OPINION 1. A petition under Chapter 11, title 11 of the United States Code, 11 U.S.C. § 101 et sequentia, was filed on June 9, 1988 by the Debtor-in-possession, Snowden’s Landscaping Co. (hereafter Debtor). 2. On June 27, 1989, Debtor filed a disclosure statement and proposed plan of reorganization. On August 31, 1989, the Court approved the disclosure statement accompanyi...
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ORDER ON ALLEGED DEBTOR’S MOTION'TO DISMISS On June 13, 1989, Florida Air Conditioners, Inc. (Florida Air), the petitioning creditor, filed an Involuntary Petition for relief under Chapter 7 of the Bankruptcy Code against Robert D. Downie pursuant to 11 U.S.C. § 303(a). The alleged debtor has filed a motion to dismiss based upon the theory that Florida Air’s claim is subject to a bona fide dispute...
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ORDER DENYING MOTION FOR RELIEF FROM STAY THIS MATTER came on for a preliminary hearing on the motion of Leisure Properties, Ltd. for relief from the automatic stay under § 362(a) in order to pursue collections on a final judgment in the amount of $1,216,516.11 against the debtor, John R. Stocks, by levy and execution on stock of the partnership interest of Stocks in St. George Island, Ltd., a ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon the complaint of Auto Dealer Services, Inc., for the return of unearned commissions from Vince Whibbs Imports, Inc. A trial was held on August 31, 1989, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law: *69 Findings of Fact ...
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MEMORANDUM OPINION This adversary proceeding is before the Court upon the defendant’s motion to dismiss. A pre-trial hearing was held on June 28, 1989, and upon the memoranda of law submitted, the Court enters this Memorandum Opinion. FINDINGS OF FACT Relief under Chapter 7 of Title 11, United States Code, was ordered in favor of the debtor on March 24, 1988. On March 18, 1988, ...
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ORDER DENYING MOTION FOR SUMMARY JUDGMENT FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 7 case is a four count com *75 plaint filed by Plaintiff, Roxani M. Gillespi, Insurance Commissioner, to determine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(4) in Count I, 523(a)(2)(B) in Count II, and 52...
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*79 ORDER In this appeal from a final order of the United States Bankruptcy Court for the Northern District of Georgia, the appellant-debtor raises five grounds for reversal or remand. First, the appellant argues that the bankruptcy court erred in concluding that the debtor has no equity in the property which secures the debtor’s indebtedness to the appellees without making a specific finding...
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110 B.R. 84 (1989) In re VIRGINIA HILL PARTNERS I, Debtor. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Movant, v. VIRGINIA HILL PARTNERS I, Respondent. Bankruptcy No. A89-03490. United States Bankruptcy Court, N.D. Georgia, Atlanta Division. November 29, 1989. Edward L. Greenblatt, Lipshutz, Greenblatt & King, Atlanta, Ga., for debtor. Kevin C. Gallagher, Paul, Hastings, Janofsky ...
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STATEMENT OF THE CASE Frederick Hampel, d/b/a Buccaneer Vans & Sales, Debtor, Defendant, filed a petition under Chapter 7 of the Bankruptcy Code on March 31, 1989. Randall L. Eaves, Plaintiff, filed a complaint to determine the dischargeability of a debt on July 24, 1989. Plaintiff contends that a debt owed to him by Defendant is nondischargeable under section 523(a)(6) of the Bankruptcy ...
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110 B.R. 94 (1990) In the Matter of Ricky Lynn VAUGHN, Debtor. Camille HOPE, Plaintiff, v. BROWN & WILLIAMSON FEDERAL CREDIT UNION, Defendant. Bankruptcy No. 84-50772, Adv. No. 89-5058. United States Bankruptcy Court, M.D. Georgia, Macon Division. January 22, 1990. Camille Hope, Chapter 13 Trustee, Macon, Ga., pro se. Arthur L. Phillips, Macon, Ga., for defendant. ROBERT F. HERSHNER, Jr., Chief J...
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STATEMENT OF THE CASE Ricky Lynn Vaughn, Debtor, filed a petition under Chapter 13 of the Bankruptcy Code on August 1, 1984. Debtor filed his Chapter 13 plan on August 15, 1984. The Court confirmed Debtor’s plan on October 5, 1984. The Court entered an order allowing Debtor to extend his plan beyond thirty-six months on June 18, 1987. Camille Hope, the standing Chapter 13 Trustee, Plaintiff, filed...
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MEMORANDUM OPINION MEMORANDUM OPINION Before the Court is an appeal brought by the United States of an order issued on April 7, 1989 by the Bankruptcy Court. The order at issue established the priority for the distribution of the assets of the debtor, Davis Perry Enterprises, Inc., between competing tax liens held by the United States and the District of Columbia. The Court ordered distributi...
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ORDER This Order addresses issues raised in this bankruptcy proceeding by medium of certain pending motions. In the order discussed, the motions seek (1) to delay briefing (pending resolution of) (2) the motion seeking leave to appeal. 28 U.S.C. § 158(a). 1 1. The Motion to Delay Briefing This motion is granted, as all parties concur that a briefing schedule would be...
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MEMORANDUM OPINION This case was heard before the court at several hearings on the Debtor-In-Possession’s Motion To Assume Unexpired Lease Of Nonresidential Real Property filed by the Debtor on October 30, 1989. By agreement with the parties the hearings were bifurcated into the determination first of the legal and factual question as to whether the lease in question, involving the Mill-yard Re...
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ORDER ON MOTIONS OF CREDITOR AND DEBTOR TO REMOVE TRUSTEE AND ON MOTIONS OF CREDITOR TO PRESERVE CREDITORS’ INTERESTS AND TO DISMISS Susan Lundborg (“Lundborg”), a former wife and a creditor of the debtor, has filed motions to remove the chapter 7 trustee, to preserve creditors’ interests, and to dismiss this case. The debtor has also filed a motion to remove the trustee. The debtor’s mot...
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110 B.R. 111 (1988) In re Byron CRANER, d/b/a Craner Tractor & Implement Co., and Barbara J. Craner, Debtors. Byron CRANER, d/b/a Craner Tractor & Implement Co., and Barbara J. Craner, Plaintiffs, v. MARINE MIDLAND BANK, N.A., County of Onondaga, Internal Revenue Service and New York State Tax Commission, Defendants. Bankruptcy No. 84-00561, Adv. No. 87-0043. United States Bankruptcy Cour...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter comes before the Court on the motion of Marine Midland, Bank, N.A. (“Marine”), Defendant in the underlying adversary proceeding commenced by Byron and Barbara J. Craner, d/b/a Craner Tractor and Implement Co. (“Debtors”), to determine its secured status pursuant to § 506 of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330...
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STIPULATION AND ORDER GRANTING POSTPETITION INTEREST TO INTERNAL REVENUE SERVICE WHEREAS this action is before this Court on the appeal of the United States of America of the “Memorandum-Decision, Findings Of Fact, Conclusion Of Law And Order” (“Memorandum-Decision”) of United States Bankruptcy Judge Stephen D. Gerling, dated July 15, 1988, 110 B.R. Ill; and WHEREAS the issue on appeal in thi...
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Memorandum and order This action comes to the Court on appeal from the Bankruptcy Court of this District, Judge Blackshear presiding. The City of *126 New York (hereinafter “City”) seeks relief from the Bankruptcy Court’s ruling that Debtor Baldwin League of Independent Schools (hereinafter “Debtor” or “Baldwin”) is exempt from a mortgage recording tax pursuant to § 1146(c) o...
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DECISION ON MOTION TO RESCIND . CONTRACT OF SALE The Chapter 11 debtor, Joseph T. Kolin-sky, and his nondebtor corporation, Conjo Realty Corp. (“Conjo”), as plaintiffs, seek to rescind a contract for the sale of property in City Island, New York to the defendants, Joseph P. Gagliano, James G. Goren, *129 Alexander M. Goren and their corporation, known as G.B.G., Inc., to whic...
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DECISION ON MOTION TO LIFT AND/OR MODIFY AUTOMATIC STAY The Movant in this proceeding, Olim Realty Corporation (hereinafter referred to as “Olim”), seeks relief from the automatic stay so that it may perfect its security interest in certain assets and property of the Debtor, Beauti-Full Size Boutique, Inc. (hereinafter referred to as the “Debtor”) which were to serve as collateral for the *139Deb...
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THE COURT: In July of 1987, the U.S. Trustee moved for an order compelling officers of the debtor to seek retention by court order, for an order reducing officers’ salaries and an order directing appointment of an examiner. The official Creditors Committee and the official Employee and Retiree Creditors Committee along with the debtor, Mellon Bank and NDIDC opposed the request for an examiner, ...
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MEMORANDUM OPINION AND ORDER Mohamed Solimán and Union Mortgage Company have moved for relief from the automatic stay provisions of § 362(a) of title 11, United States Code, for the purpose of allowing the Superior Court of Delaware to confirm a sheriff’s sale. David A. Spencer filed a Chapter 13 case on November 20, one day before a scheduled hearing on his application to set aside that sale. At ...
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MEMORANDUM OPINION AND ORDER Distant Horizon Dream, Inc. and David H. and Carrie J. Deibler objected to the amount claimed as due in proofs of claim Ocean City Bulkheading Inc. and David Dekowski t/a Ocean Services filed in their respective Chapter 11 cases. The proofs, which are identical, assert an unsecured claim in the amount of $25,600 with interest from May 29, 1986 and 5% attorneys’ fe...
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DECISION The notice which issued from the court and was served by the debtor-in-possession reflects this date as an objection deadline to the proposed sale and the procedure to be followed in participating in the bidding process. We are here today on a pleading filed by Supreme Distributors directed not only toward an objection to sale but also the procedures and restrictions with respect to th...
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110 B.R. 150 (1989) In re TRUCO, INC., Thomas A. Rue, Debtors. Stephen G. BRESSET, Esq., Trustee, Plaintiff, v. Margaret RUE; a/k/a Judy Rue; Notre Dame High School; First Eastern Bank, N.A.; Thomas Rue, Defendants. Bankruptcy Nos. 77-146, 77-147. United States Bankruptcy Court, M.D. Pennsylvania. December 27, 1989. *151 Stephen G. Bresset, Honesdale, Pa., Trustee. Charles P. Eyer, Stroudsburg, P...
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MEMORANDUM OPINION The debtors, Louis and Elizabeth Stein-brecher, have initiated an adversary proceeding challenging a secured proof of claim filed by Mid-Penn Consumer Discount Company. The claim was filed in the amount of $8,441.11 and is based upon a series of loan agreements which began in August 1985 between these parties. The debtors contend in their complaint that the claim of Mid...
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OPINION Resolution of the instant objections by the Debtor, a former manufacturer of products containing asbestos, to a series of claims filed by co-obligors of claims for asbestos-related damages requires us to consider the scope of 11 U.S.C. § 502(e)(1)(B), which requires disallowance of contingent claims for reimbursement or contribution from a debtor. Following the lead of our colleag...
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OPINION A. INTRODUCTION This Opinion is in response to a Motion filed by Andrew L. Stone, the Defendant, to Dismiss the Complaint filed by the Plaintiffs in this proceeding. We shall dismiss the Complaint and this proceeding, but on jurisdictional grounds rather than the basis urged by the Defendant, i.e., that the Plaintiffs are bound to the terms of the Trustee’s con...
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Howell Hydrocarbons, Inc. appeals from the district court’s grant of summary judgment in favor of the defendants. The district court granted summary judgment on Howell’s RICO claims on the grounds that they were barred by res judicata, and that there was insufficient evidence of the pattern of racketeering necessary to support those RICO claims. The district court then dismissed Howell’s penden...
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MEMORANDUM In the instant adversarial proceeding, filed on November 29, 1989, JOHN G. BERG (hereinafter “the Plaintiff”), seeks, in a pro se Complaint 1 filed pursuant to 11 U.S.C. § 1144, to have this court revoke for fraud its Order confirming the Plan of Reorganization of a large Chapter 11 Debtor, TM CARLTON HOUSE PARTNERS, LTD. (hereinafter “the Debtor”). On December 15, 1...
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OPINION A. INTRODUCTION/PROCEDURAL HISTORY This proceeding provides us with a rare opportunity to further explain and illustrate the scope of our previous decision regarding the rights of parties who claim to be remaining members of tenant families in public housing, which we articulated in In re Adams, 94 B.R. 838 (Bankr.E.D.Pa.1989). We hold that the Adams dec...
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OPINION A. INTRODUCTION The parties have litigated this proceeding, concerning an attempt by the Debtor-Landlord to recover $24,531.71, plus interest, from a realtor who set off his commissions against a tenant’s deposit, as if it presented a difficult issue of application of 11 U.S.C. § 549(b), an obscure Bankruptcy Code section concerning transfers in the “gap” period between the f...
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OPINION Sharon Steel Corporation (“Sharon”) filed its voluntary petition under Chapter 11 of the Bankruptcy Code on April 17, 1987. In accordance with Bankruptcy Rule *206 3003(c)(3), this court fixed October 3, 1988 (the “Bar Date”) as the last day for filing proofs of claim. Atlantic Richfield Company (“ARCO”) filed this Motion for Leave to File a Proof of Claim (“Motion”) ...
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ORDER THIS MATTER is before the Court on Defendant Colonial Financial Services Inc.’s (hereafter “Defendant Colonial”) Motion for Order of Withdrawal, filed October 13, 1989. On November 22, 1989, Plaintiff Monterey Mushrooms, Inc. (hereafter “Plaintiff Monterey”) filed a Brief in Opposition to the Motion for Order of Withdrawal. I. BACKGROUND FACTS AND PROCEDURE The identity of three parti...
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OPINION The United States Trustee appeals the bankruptcy court’s denial of his motion to dismiss the case of Gary Lee and Margar-ette Braley for substantial abuse pursuant to 11 U.S.C. § 707(b). On February 10, 1989, the Braleys filed a petition for relief under Chapter 7 of the Bankruptcy Code in the Eastern District of Virginia, Norfolk Division. On April 21, 1989, the Trustee filed a Motion ...
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OPINION This matter comes before the Court upon Crestar Bank’s Motion for Judicial Review of Rejected Filing (the “motion”). After reviewing the lodged documents, the case file, and the motion, this Court affirms the Clerk’s rejection of the lodged pleading and denies Crestar’s motion. The following opinion shall constitute findings of fact and conclusions of law as required by Bankruptcy Rule 705...
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MEMORANDUM OPINION The Court has for consideration the debt- or’s application for the employment of the *223 law firm of Crews & Hancock as special counsel pursuant to 11 U.S.C. § 327(e), along with this law firm’s application requesting the Court’s approval of compensation for services rendered as special counsel to the debtor. The debtor’s application was filed with the Cou...
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MEMORANDUM OPINION The issue before this Court for determination is whether a secured creditor should be denied a deficiency claim in this Chapter 13 proceeding solely on the ground that the secured creditor failed to give the debtor the requisite notice under section 8.9-504, paragraph (3), of the Code of Virginia. Facts Prior to the filing of his petition for relief, Marvin R. Parrish (...
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Before the Court is the appeal of French Market Homestead FSA (“French Market”) from the bankruptcy court’s order requiring it to pay approximately $800,000.00 in administrative expenses incurred by the debtor P.C. Ltd. (“PC”) after confirmation of a reorganization plan in the Chapter 11 proceeding in this case. The Court now affirms the bankruptcy court’s ruling. Background PC is...
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MEMORANDUM OPINION On June 28, 1989, this matter came before the Court on the Objections of David V. Adler, Trustee, and the Federal Savings and Loan Insurance Corporation to exemptions claimed by John and Arlene Mmahat. At the request of the parties, the hearing was continued without date pending the Debtors’ filing of a revised list of exempt property. Considering the memoranda filed, the rec...
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MEMORANDUM OPINION CAME ON for consideration the Combined Application of Weil, Gotshal & Mang-es for Compensation as Counsel for Jack R. Stone, Jr., Court Appointed CEO and as Special Counsel for Dan Lain, Trustee (“Application”). On December 5, 1989, the court conducted a hearing on the Application. After hearing WGM’s presentation and the objections by Partners and PCA, the Court took t...
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MEMORANDUM OF OPINION ON BUSINESS HOMESTEAD 1 This case first came before the court in November, 1988. The issue at that time was whether the Debtor’s business homestead claim was subordinate to the bank’s note and deed of trust that secured the property. The court held that the Debtor’s property did not take on homestead characteristics until the Debtor occupied the property. Bec...
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ORDER ON MOTION FOR VALUATION OF ASSETS CAME ON for hearing the motion of First City National Bank of Austin for Valuation of certain assets, to wit, two parcels of property. One tract is a 12.07 acre parcel of unimproved land on RR 620 in Williamson County, Texas, within the extraterritorial jurisdiction (ETJ) of Austin, Texas. The other is 93 lots in Alum Creek Estates, in Bastrop Count...
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110 B.R. 264 (1989) In re Kenneth W. & Wanda J. AVANT, Debtors. Bankruptcy No. 89-11021. United States Bankruptcy Court, W.D. Texas, Austin Division. September 28, 1989. *265 Douglas J. Powell, Austin, Tex., for debtors. Ray Hendren, Austin, Tex., Trustee. MEMORANDUM OPINION DETERMINING CLAIM OF THE STATE OF TEXAS LARRY E. KELLY, Chief Judge. On the 31st day of August, 1989 came on to be hea...
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MEMORANDUM DECISION The matter before this court concerns the amended objection of Steven A. Bux-baum, Liquidating Trustee of Gulf Consolidated Services, Inc. (hereinafter “Gulf” or “Debtor”), to proofs of claim of the State of Texas which are on file in this case. On February 1, 1989, the parties filed their “Stipulation of Facts on Claim of the State of Texas” advising the court that all matt...
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MEMORANDUM OPINION The issue in this contested matter is whether or not Chase Bank International and Chase Bank Group are entitled to attorney fees on the unsecured portion of their claim in this bankruptcy case. The *269 issue arose when the Debtor objected to the attorney fee portion of the Proof of Claim filed by Chase Bank International (“CBI”) and the Proof of Claim file...
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Plaintiff, George C. Thompson (“Thompson”), seeks allowance of attorney’s fees on an unsecured claim for settling expenses from the Defendant and Debtor, Continental Airlines (“Continental” or “Debtor”). In response, Continental asserts that attorney fees are not allowed because: (1) Continental’s Confirmation Plan does not provide claimants such as Thompson attorney’s fees; and (2) the Bankrup...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the motion of creditor/defendant, Leedco Interiors Systems, Inc. (“Leedco”) for judgment on the pleadings regarding the claim of East and Westbrook Concrete Construction Company, Inc., (“East”). It is Leed-co’s position that East should be denied its status as a claimant holding a mechanics’ lien solely because East did not p...
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MEMORANDUM OPINION AND ORDER In this Chapter 11 bankruptcy case, the U.S. Trustee (Trustee) appeals Bankruptcy Judge Steven W. Rhodes’ final order awarding attorney fees to the law firm of Honigman Miller Schwartz and Cohn (Hon-igman), counsel for the debtor in possession. In a Memorandum Opinion and Order filed April 18, 1989, 99 B.R. 762 I denied the Trustee’s motion for leave to appeal...
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OPINION Plaintiffs filed this adversary proceeding to determine the dischargeability under section 523 of the Bankruptcy Code of the Debtor’s obligation to pay to the Mohamed A. Atassi, M.D., Inc. Pension Trust Fund (the “Atassi Trust”) $100,000 together with interest at 12 percent per annum and to pay to Dr. Mohamed A. Atassi a fee of $15,000 less the interest due to the Atassi Trust. Th...
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OPINION This opinion is occasioned by the Debtors’ motion to reinstate the automatic stay filed with this Court on February 7, 1989 to prevent Federal National Mortgage Association (“FNMA”) from foreclosing its mortgage on a house formerly owned by the Debtors at 928 Selwyn Road, Cleveland Heights, Ohio (the “Property”). The Debtors sold the Property on August 4, 1988. This apparently straightf...
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OPINION AND ORDER I. Introduction The instant proceeding is before the Court upon an objection to confirmation (“Objection”) of the Chapter 13 plan proposed by the debtors, Jerry E. and Kaye M. *306 Carver (“Debtors”). The Objection was filed by Continental Insurance Company (“Continental”) and presented at the November 14, 1989 hearing to consider confirmation o...
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DECISION RE ADMINISTRATIVE CLAIM STATUS This matter is before the court on Andres Lumber and Supply Company’s (Andres) request for allowance of its claim as an administrative expense pursuant to 11 U.S.C. Section 503. The trustee and the unsecured creditors’ committee have timely objected to Andres’ request. The court has jurisdiction of this matter pursuant to 28 U.S.C. Section 1334 and the Ge...
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AMENDED OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This matter is before the Court following the trial of a complaint filed by Beverly Enterprises to determine the dischargeability of a debt owed it by the debtor. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this judicial district. T...
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MEMORANDUM This matter is before this court on appeal from the judgment of the bankruptcy court in which certain determinations were made that the appellant, Dominion Bank of Middle Tennessee, as garnishee, asserts as error. This court finds that the findings of fact by the trial judge are not clearly erroneous and should be sustained. For the purpose of discussion of this matter, the court w...
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MEMORANDUM Appellant Mack Sanders appeals a judgment of the United States Bankruptcy Court declaring Sanders’ debt to appellee First National Bank & Trust Company non-dischargeable pursuant to 11 U.S.C. § 523. Having withdrawn two issues, the appellant now asserts only four grounds for reversal. First, the appellant asserts that the bankruptcy judge erred in finding a causal connection be...
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MEMORANDUM This is an appeal from the ruling of the Bankruptcy Court for the Central District of Illinois, holding that the Davidson County Circuit Court default judgment did not have a preclusive effect by reason of collateral estoppel and the holding of the Bankruptcy Court for the Middle District of Tennessee that based on the facts of the incident the defendant’s conduct was not willful and...
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MEMORANDUM T. Michael Tomlin appeals a decision of the bankruptcy court determining that he was not entitled to his rent claim and commission claim against TSC Industries, Inc., and that defendant was entitled to contractual attorney fees. The bare facts are that Tomlin leased for a period of ten years 32,000 square feet in a commercial building to defendant for a rental based on a variable intere...
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MEMORANDUM This is an adversary proceeding to quiet title to property sold pursuant to a confirmed Chapter 11 plan of liquidation. Carolyn and Dr. R. Gene Cravens, Sr. allege that the purchasers (Wood and Munro) have defective title because the Cravens did not receive a § 363 notice. Because Carolyn and Dr. Cravens failed or chose not to assert their interests before consummation of this ...
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MEMORANDUM This is an appeal from the memorandum and order entered by the Bankruptcy Judge on June 8, 1989, 100 B.R. 969, determining that Forbes as Trustee was entitled to recover from the Holiday Corporation Savings and Retirement Plan certain sums of money which were contributed by Lucas to Holiday Corporation Savings and Retirement Plan, an ERISA qualified pension trust. The opinion of the Ban...
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110 B.R. 341 (1990) In re Donald Ray GADLEN and Brenda Joyce Gadlen, Debtors. Bankruptcy No. 89-11209-B. United States Bankruptcy Court, W.D. Tennessee, E.D. February 1, 1990. *342 David H. Jones, Memphis, Tenn., for Leader Federal Bank for Sav. Lloyd A. Utley, Jackson, Tenn., for debtors. Ernie H. Gray, Jackson, Tenn., George Stevenson, and George Emerson, Memphis, Tenn., Chapter 13 Trustees. ME...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Plaintiff’s, Wilson Mushroom Company [Wilson], complaint to determine the validity, priority and extent of liens and motion for the segregation of the Debtors’ assets pursuant to the Perishable Agricultural Commodities Act [P.A.C.A.], 7 U.S.C. § 499a et seq., and the Court, having considered the record and plea...
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MEMORANDUM OPINION The plaintiff in this adversary proceeding, Barbara Lopez, seeks a determination that a default judgment entered against the Debtor/defendant, Angelita Martinez, in a state court proceeding is not discharge-able under 11 U.S.C. § 523(a)(6). 1 The state court complaint that the plaintiff filed against the Debtor/defendant alleged that the Debtor had willfully ...
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MEMORANDUM OPINION This matter comes to be heard on the first and final fee application of D’Ancona & Pflaum (“D’Ancona”) pursuant to 11 U.S.C. §§ 330 and 331 and Federal Rule of Bankruptcy Procedure 2016 for an allowance of $36,702.00 in compensation and reimbursement of expenses in the amount of $2,218.50 for the period February 10, 1989 through March 8, 1989. Proper notice was given to...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING HEARING ON CONFIRMATION The Court conducted an evidentiary hearing on the Fourth Amended Plan of Reorganization, as modified (the “Plan”) proposed by the debtor, Rusty Jones, Inc. (“Rusty Jones or Debtor”), and on objections thereto filed by Beatrice Foods and voiced orally by the U.S. Trustee, on January 11,12, 17,18, and 19,1990. Rarely ...
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MEMORANDUM OPINION AND ORDER On March 27, 1987, Debtors, Charles and Charlotte Sumner d/b/a Charlie’s Auto Service, filed for relief under Chapter 13 of the Bankruptcy Code. This case was later converted to a Chapter 11 on August 6, 1987. In 1984, 1985, 1986 and 1987 Southwestern Bell Yellow Pages (“Southwestern Bell”) printed ads for the Debtors’ auto service pursuant to four (4) annual writ...
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DECISION The Plaintiff, William H. Christison, Trustee (TRUSTEE), brought this proceeding pursuant to Section 547 of the Bankruptcy Code, seeking to recover an alleged preferential transfer to the Defendant, the Internal Revenue Service (IRS). Presently before the Court is the TRUSTEE’S motion for summary judgment. The factual background is undisputed. The Debtor, Hearing of Illinois...
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FACTS This case comes before this court by way of a long and protracted procedural history. This case first began back in November of 1984 when Parr Elevator, Inc. (Parr) filed a Chapter 11 bankruptcy. Adversary Proceeding Number 85-4035 was filed by Parr and Hancock in June of 1985 so that the property of Parr could be sold free and clear of liens. Hancock is an appellee is this proceedi...
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MEMORANDUM OPINION AND ORDER Raymond Lione Morter is a professor of veterinary science at Purdue University. Morter has served the university as a faculty member for thirty of his 69 years. He faces mandatory retirement when he turns 70 this fall. Though approaching his “golden years” both professionally and chronologically, Morter recently filed a petition for relief under Chapter 7 of t...
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MEMORANDUM OPINION AND ORDER 1 I Statement of Proceedings Dean and Susan Vale (hereinafter: “Debtors”) filed their motion on December 17, 1987 to avoid the nonpossessory, non-purchase money lien of Beneficial Finance Co., of Indiana (hereinafter: “Beneficial”) pursuant to § 522(f)(2)(A). A timely objection was filed by Beneficial on December 23, 1987. Pursuant t...
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110 B.R. 408 (1990) In re Thomas Edward GRAHAM, Debtor. Wayne J. LENNINGTON, Trustee, Appellant, v. Douglas GRAHAM and Barbara C. Walters, Appellees. Bankruptcy No. IP 84-3846J, Adv. No. IP 87-326, No. IP 88-386-C. United States District Court, S.D. Indiana, Indianapolis Division. February 1, 1990. K.C. Cohen, Cohen & Malad, Indianapolis, Ind., for appellant. William Catlin Whitehead, Whitehe...
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MEMORANDUM AND ORDER This matter is before the Court on the appeal of First National Bank of Anoka from a June 2, 1989 order and judgment of the United States Bankruptcy Court. The *415 judgment will be affirmed in part and reversed in part and remanded. INTRODUCTION On January 6, 1984, First National Bank of Anoka (Bank) and Minnesota Utility Contracting, Inc. (Con...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF HOMESTEAD EXEMPTION This Chapter 7 case came on before the Court at Mankato, Minnesota, on June 27, 1989, for hearing on the Trustee’s objection to Debtor’s claim of exemption. Chapter 7 Trustee Mark C. Halverson appeared pro se. Debtor appeared by his attorney, C. Stephen Rowley. Upon the moving documents, record made a...
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ORDER The matter being considered here is the Chapter 13 Trustee’s Objection to Claim No. 4 on behalf of Landmark Bank. The proof of claim was filed for the amount of $1,363.70 plus interest at the rate of 18.17% per annum from March 28, 1985, the date *431 of entry of a non-bankruptcy court judgment in favor of the Claimant. The Trustee has objected to the allowance of post-...
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FINDINGS AND CONCLUSIONS The trial of this matter was conducted on February 5, 1990. The parties appeared by counsel and presented oral argument upon the record. Upon consideration of the oral argument, the parties’ memoranda of law, and the record as a whole, the Court announced its findings and conclusions and orders from the bench. This is a core proceeding pursuant to 28 U.S.C. Section 15...
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MEMORANDUM OPINION Julie Wynne Johnson and Christopher Merrill Johnson obtained a loan for $25,-500.00 from the Boatmen’s Bank of Columbia some time between December 1, 1987 and August 1, 1988. Said Bank now claims that said loan should not be dischargeable in the bankruptcy proceeding by Julie Wynne Johnson. That claim is based on alleged violations of 11 U.S.C. § 523(a)(2)(A). Julie Wynne Joh...
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This is a declaratory relief action in which the former president of the debtor in possession contends that the trustee in bankruptcy breached a duty to pay over to the federal and state government taxes withheld from employees during the former president’s operation of the company. We are asked to decide whether post-petition withholding subjects such funds to a trust created in favor of the Inte...
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MEMORANDUM AND ORDER Plaintiff Bankruptcy Trustee seeks to compel the Trustee of a Profit Sharing Plan & Trust * to pay to the bankruptcy estate that portion of the Plan’s assets attributable to Debtor, Michael Mead. The Plan in question was first established on June 30, 1965 by the predecessor to Mead and Sons, Inc., a Missouri Corporation, and has been amended from time to ti...
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110 B.R. 440 (1990) In the Matter of Eudean M. BUZZELL and Patricia K. Buzzell, Debtors. Bankruptcy No. BK89-80687. United States Bankruptcy Court, D. Nebraska. January 17, 1990. *441 David Pederson, North Platte, Neb., Chapter 7 trustee. Bert E. Blackwell, McCook, Neb., for debtors. MEMORANDUM TIMOTHY J. MAHONEY, Chief Judge. Hearing was held on October 6, 1989, regarding trustee's objection to...
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MEMORANDUM DECISION Creditor Dewey County Bank, has brought motions for relief from the automatic stay and to convert debtor Wilfred Reinbold’s case from one under Chapter 12 to one under Chapter 7 of the United States Bankruptcy Code. A hearing on the motions was held January 25, 1990. After hearing the testimony of various witnesses, considering the arguments of counsel, and reviewing t...
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*449 OPINION I We are asked whether 11 U.S.C. § 522(f)(1) may be employed to avoid the unsecured portion of a judicial lien. We AFFIRM in part and REVERSE in part. II FACTS Nash and Wendy Galvan (“Debtors”) filed a joint petition under Chapter 13 of the Bankruptcy Code. The residence in which they held title at the time had a fair market value of $94,500 and w...
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MEMORANDUM OF DECISION AND ORDER This case is before the court on debtor’s appeal from orders of the United States Bankruptcy Court, Eastern District of California in Bankruptcy Case No. 286-05445-B-ll. Appellant is Joanne M. Weston appearing in propria persona. Appellees are Robert and Ferol Rodriguez appearing in propria persona. Appellant seeks review of orders ...
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MEMORANDUM OPINION AND DECISION FACTS On July 21, 1987, Cal-Farm Supply Company, a retailer of agricultural products with various outlets throughout this district, filed a chapter 7 petition and on that same date the court appointed Charles R. Whitworth as trustee. On July 31, 1987, the trustee filed an application to employ an auctioneer to conduct a piecemeal auction sale. The decl...
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*468 MEMORANDUM OPINION The Chapter 11 Trustee, James M. Ford (no relation to the undersigned), filed an Application for a First and Final Allowance of Limited Trustee’s Fees and Reimbursement of Costs and Expenses. The fees requested were $21,502.50, and the reimbursement of costs and expenses requested were $3,412.29. The Debtor filed an Objection to the requested fees, costs, ...
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The Motion of the Trustee in the above-referenced bankruptcy, Steven A. Berkow-itz, for an Order of Contempt and Sanctions, and the Certification of Civil Contempt of the United States Bankruptcy Court, came before this Court, the Honorable John Rhoades presiding, for hearing and trial on September 11, 1989, and January 8 and 9, 1990. Nancy E. Perham of O’Gara and McGuire appeared as Special Coun...
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MEMORANDUM DECISION The question before the Court is whether the trustee may direct allocation of payments made to the IRS on post-petition trust fund tax liabilities incurred during the Chapter 11 case. Upon due consideration, the Court finds she has authority to permit the trustee to do so where exceptional or special circumstances exist, or it would be equitable to do so. The Cour...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: CONFIRMATION OF PLAN On January 3 and January 29,1989, hearings to confirm the Plan of Reorganization *490 of Mid Pacific Airlines, Inc. (“Debtor”) were held before this Court, with Gregory Conlan, Esq. representing the Debtor, Curtis Ching, Esq. representing the Office of the United States Trustee (“OUST”), Walter Davidson, Esq., r...
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ORDER In this Chapter 7 case, the Trustee has filed an objection to the Claim of exemption by the Debtor in a Montana Power Company stock retirement account owned by the Debtor, or his beneficiary. The matter has been submitted to the Court by memorandum filed by the parties. Debtor claims as exempt under Section 31-2-106(3), Mont.Code Ann. and 11 U.S.C. Section 522(b)(2)(A), 1...
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ORDER In this adversary proceeding, the Trustee in this Chapter 11 case filed a complaint under 11 U.S.C. § 544 against the defendant, Farm Credit Services (FCS), successor to Federal Land Bank of Spokane, for turnover of lease payments generated from the real property owned by Debtors Richard and Judith Kurth. After answer, trial of said issue was concluded on January 23, 1990, and memor...
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MEMORANDUM OPINION AND ORDER This is a bankruptcy appeal. Oral argument will not aid this court’s determination. The plaintiff-appellant and debtor, Presidents Mortgage Industrial Bank (Presidents), became insolvent in September, 1987. According to the owner and current president of Presidents, Ronald Weisz-mann, the industrial bank operated as a mortgage banker. It would take deposi...
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MEMORANDUM OPINION AND ORDER This is an appeal from the bankruptcy court’s September 25, 1989, ruling denying the motion of Charles Schwab & Co., Inc. for summary judgment in the Jacobs 1 action. There were no disputed issues of fact. Schwab argued that it was entitled to summary judgment because it was a mere conduit in the stock redemption transactions which occurred as part ...
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MEMORANDUM OPINION AND ORDER The World Savings and Loan Association appeals the bankruptcy court’s decision disallowing its claim against the estate of the debtors, George and Betty Lenz (collectively, Lenz). World Savings argues that the bankruptcy court improperly disallowed its claim because (1) Lenz put on no evidence to contest the validity of World’s claim, (2) the amount of World’s claim...
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MEMORANDUM OPINION AND ORDER This is an appeal from two orders of the bankruptcy court. In the first order, entered on January 18, 1989, the bankruptcy court approved a stipulated settlement agreement between the debtor, Willis J. Wetzler, a creditor, the Denver Public School Employees’ Pension and Benefit Association (the Association), and a lessee of the debtor’s property, Gholamreza Rahma-ni-Az...
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DECISION AND ORDER Heard on September 27, 1989 on the Complaint of the May Department Stores Company (“May D & F”) to determine the dischargeability, pursuant to 11 U.S.C. § 523(a)(2)(A), of a debt in the amount of $2,330.22 incurred by the debtor through an open end credit plan. The debtor, Kurtz, denies the allegations of the complaint, insists that she always intended to pay for the it...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on February 2,1990, upon the Debtors’ Motion to Confirm their Second Amended Chapter 13 Plan (the “Plan”) and the Objection thereto filed by Tri-State Bank (“Bank”). The Bank objects to confirmation alleging: 1. The Plan has not been proposed in good faith under the standards of Fly-gare v. Boulden, 709 F.2d 1344 (10th Cir.1983). 2. The...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Objection to All Claims for Indemnification for Past Actions of Former Officers and Directors (“Objection to Indemnification” herein) filed by the Debtor on September 20, 1989, the Response to Objection to All Claims for Indemnification for Past Actions of Former Officers and Directors and Motion for Hearing Thereon (“...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Debtor’s Complaint to Determine the Value of Lien and Allow the Deficiency as Unsecured. The Chapter 13 Debtor, Patricia Louise Brouse (“Debtor” herein), requests an order of the Bankruptcy Court avoiding two creditors’ liens pursuant to 11 U.S.C. § 506(d). The dispute is submitted to the Court on stipulated facts and ...
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ORDER GRANTING MOTION TO DISMISS On October 18, 1987 Douglas Bruce Cook and Pamela Ann Cook (“the Debtors”) filed their joint petition seeking relief under Chapter 7 of Title 11. At the time of the filing of this case the Debtors also filed their Schedule of Income and Expenses, Statement of Affairs, Bankruptcy Schedules, Statement of Intention as to Reaffirmation of Contracts and Stateme...
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MEMORANDUM OPINION AND ORDER The matter presently before the court is a motion filed by the defendants, Zions First National Bank, N.A. (“Zions”) and the Lockhart Company (“Lockhart”) (hereinafter referred to collectively as “defendants”),1 to dismiss the above-captioned adversary proceeding commenced by the Chapter 11 trustee, Peter W. Billings, Jr. (“trustee”). A hearing was held on October 12, ...
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MEMORANDUM OF DECISION This matter came before the Court on the Trustee’s Motion to Sell Property Free and Clear of Liens. After a trial and consideration of applicable law, it is the opinion of this Court that the Trustee’s Motion is due to be GRANTED IN PART AND DENIED IN PART. This memorandum shall constitute findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. FINDINGS OF...
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FINDINGS AND CONCLUSIONS UPON RULE TO SHOW CAUSE AND UPON TWO 'MOTIONS OF THE DEBTOR Introduction— The above-styled case is pending before this Court upon the debtor’s petition filed pursuant to title 11, chapter 11, United States Code, on September 30, 1988. On November 21, 1989, the ease came on to be heard before the Court upon the following matters: 1. A rule to show cause as to why the...
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ORDER DENYING MOTION FOR RELIEF FROM STAY This case is before the Court on creditor Walton County’s motion for relief from the automatic stay. Walton County claims a perfected security interest in certain equipment and a vehicle owned by the Debtor. The Debtor argues Walton County’s security interest has not been perfected, since a financing statement has not been filed with the Florida S...
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ORDER ON APPEAL This cause is before the court on appeal from the Order on Objection to Claim in Case No. 80-79, entered October 11, 1985, by Chief Bankruptcy Judge Alexander L. Paskay. ISSUES: I. Whether or not the trial court correctly ruled that Appellant, as president of Florida Airlines, Inc., the debtor-in-possession, was a “professional person” under 11 U.S.C. Section 327(a) whose co...
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ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS IS a Chapter 7 case and the matter under consideration is a Complaint filed by Diane L. Jensen (Trustee), seeking declaratory judgment determining that the inheritance rights, if any, of the Debtor, Robert C. Davis, Jr. (Debtor), under the Last Will and Testament of one Robert C. Davis, Sr. (Decedent), are properties of the Debtor’s estate ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 11 reorganization case and the matter under consideration is this Court’s Order Determining Validity, Extent and Priority of Liens entered on March 17, 1989, 98 B.R. 573, which was remanded by the District Court for reconsideration in light of the Supreme Court’s decision in California State Board of Equalization v. Sie...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 11 reorganization case and the matter under consideration is a claim of nondischargeability asserted by General Electric Capital Corporation (Plaintiff), against H. Donald Morrison and Anita M. Morrison (Debtors). The Amended Complaint seeks a determination by this Court that a debt allegedly due and owing by th...
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FINDINGS OF FACT, CONCLUSIONS OF LAW MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matter under consideration is a complaint filed by Joan Wills (Plaintiff) which seeks a determination by this Court as to the validity and extent of the security interest of NCNB or Max Wagner (Wagner) in a certain promissory note dated October 16, 1984, in the amount of $209,331.59 signed by Joan ...
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ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT THIS is a Chapter 11 reorganization case and the matter under consideration is a *586 complaint filed by the Shipwrights, Joiners and Caulkers Local 2071 of the United Brotherhood of Carpenters, AFL-CIO (Plaintiff) for breach of a collective bargaining agreement. The above-captioned adversary proceeding is, in fact, a proceedin...
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ORDER ON OBJECTION TO THE FEE APPLICATION OF MALKA ISAAK THIS is a confirmed Chapter 11 case and the matter under consideration is an Objection to the Fee Application of Malka Isaak. The Objection is interposed by Elias Moron Arosemena (Curador), a creditor of Florida Peach Corporation of America, International Division (FPCAID), and the proponent of the confirmed Plan. The Curador seeks ...
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ORDER ON VERIFIED MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR PRELIMINARY INJUNCTION THIS is a Chapter 11 case, and the matter under consideration is a verified Motion filed in an adversary proceeding styled, Taylor’s of St. Petersburg, Inc., d/b/a Gold Doctor (Debtor) v. Elaine J. Gugino (Gugi-no) and Everett Rice, Agent/Sheriff, The Pinellas County Sheriffs Department (Sheriff), Adversary ...
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110 B.R. 597 (1990) In re Stephen Lewis SMITH a/k/a Smith, Stephen Lewis, p/d/b/a S.L. Smith, Debtor. Terry E. SMITH, Trustee for Stephen L. Smith, Plaintiff, v. Steven L. & Nancy F. McINTIRE, Defendants. Bankruptcy No. 89-1190-8P7, Adv. No. 89-587. United States Bankruptcy Court, M.D. Florida, Tampa Division. January 31, 1990. *598 Allan C. Watkins, Tampa, Fla., for plaintiff. Don M. Stichte...
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ORDER ON OBJECTION TO EXEMPTION The debtor has claimed on her Schedule B-4 as an exemption from the claims of creditors: “Travelers Indemnity Co. annuity, exempt pursuant to Florida Statute 222.14.- This statutory provision, Fla.Stat. § 222.14, provides an exemption for: “the proceeds of annuity contracts issued to citizens or residents of the state.... ” The objection of a creditor, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the court upon the complaint of Designed Flooring Distributors, Inc. (the “creditor”) against Sylvester M. Wagenti (the “debtor”) to determine the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A), and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the w...
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ORDER This matter is before the Court on plaintiff’s motion to impose sanctions against the defendant-debtor (the “defendant”) under Bankruptcy Rule 9011. The Court held a hearing on the motion on October 10, 1989 and took the matter under advisement. The pertinent facts are as follows. On April 24, 1989, plaintiff filed a timely complaint objecting to the dischargeability of her claim under 11 U...
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ORDER This adversary proceeding is before the Court on plaintiff’s motion for summary judgment. The plaintiff, the debtor’s former wife, requests a determination that the debtor’s obligation to pay the plaintiff’s attorney’s fees as required in a divorce decree is nondischargeable under 11 U.S.C. § 523(a)(5). The facts are as follows. The plaintiff and the defendant-debtor were husband and wi...
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MEMORANDUM OPINION These are Findings of Fact and Conclusions of Law on the Motion of the Debtor, Glasstream Boats, Inc. under § 363(c)(2) of the Bankruptcy Code for use of cash collateral belonging to the Creditor, Marine Midland Business Loans, Inc. Debtor is a boat and trailer manufacturing company with manufacturing facilities in Georgia, Florida, and Arkansas. Creditor is conceded to h...
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MEMORANDUM OPINION Monroe Tire Service, Inc., Movant, filed a motion on October 11, 1989, asking the Court to compel the adoption or rejection of a contract by Wall Tire Distributors, Inc., Debtor. A hearing was held on November 8, 1989. The Court asked the parties to submit briefs on the issues presented. The Court now publishes its opinion. Movant and Debtor entered into an “Asset ...
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*620 MEMORANDUM OPINION National Traveler, Inc., Debtor, Movant, filed a petition under Chapter 11 of the Bankruptcy Code on October 18, 1989. Movant filed a “Motion to Reject Exec-utory Contracts and Unexpired Leases” on December 6, 1989. The motion named a number of entities as Respondents. The only entity, however, that responded to the motion was Speedway Waste Disposal, Inc....
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MEMORANDUM OPINION William C. Head, Defendant, Debtor, filed a petition under Chapter 11 of the Bankruptcy Code on August 11, 1989. A state court action filed prior to this bankruptcy against Debtor by Isaiah Hunter, III, and Hunter Grading Contracting, Inc., Plaintiffs, was removed to district court. The district court has referred the removed action to this Bankruptcy Court. On November...
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110 B.R. 628 (1990) In re Roger A. DIQUINZIO, Helen J. Diquinzio, Debtors. Bankruptcy No. 89-10780. United States Bankruptcy Court, D. Rhode Island. February 14, 1990. John Rao, Rhode Island Legal Services, Inc., Woonsocket, R.I., for debtors. Larry Dub, Law Office of Larry Dub, Pawtucket, R.I., for ITT Financial Services. John Boyajian, Boyajian, Harrington & Richardson, Providence, R.I., Tr...
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MEMORANDUM AND ORDER ON MOTIONS TO DISMISS UNDER CODE § 109(e) The Dime Savings Bank of New York, FSB (“Dime”) moves to dismiss these chapter 13 cases. For the reasons that follow, the motions are granted. BACKGROUND On July 7, 1989, the debtors, who are married, filed separate petitions under chapter 13 of the Bankruptcy Code. The chapter 13 statement in each case lists three s...
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OPINION OF THE COURT Defendant-appellee Mellon Bank, N.A. possessed a perfected security interest in the inventory of Sounds Distributing Service, Inc. When Sounds changed its name to PA Record Outlet, Inc., Mellon filed an amendment to the financing statement. This appeal presents the question whether Mellon’s amendment constituted a “new” financing statement for purposes of section 9-40...
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MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY Pacific Mutual Life Insurance Company (“Pacific”) moves for relief from the automatic stay under Code § 362(d)(1) and (2) or, in the alternative, to dismiss under § 1112(b). For the reasons that follow, Pacific is granted relief from the automatic stay under § 362(d)(2). 1 BACKGROUND The debtor is a Connec...
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The Trustee sued AM Cable for breach of a Chapter 11 post-petition contract with Debtor. AM Cable moved 1 for an order dismissing the Trustee’s complaint on grounds that: (a) we lack subject matter jurisdiction over this proceeding; (b) both the Bankruptcy Court and the U.S. District Court for the Eastern District of New York lack in personam jurisdiction over AM Cable; (c...
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DECISION ON MOTION TO CONFIRM PREJUDGMENT ATTACHMENT At issue is the propriety of confirming pursuant to Fed.R.Civ.P. 64, Fed.R. Bankr.P. 7064 and Article 62 of the New York Civil Practice Law and Rules (CPLR) (McKinney 1980 & Supp.1990) an ex parte order of attachment against the property of defendant Robert Pincus (Pincus). The ex parte order is grounded in an affirmation submitted by the trust...
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Facts Upon the Motion of Omega Trust, Geom-er Corporation, Cadrest (Dallas) Inc., Cadillac Restaurants Inc., Cadrest (Houston) Inc., Neuter Limited, GNS Corp. (doing business as Genius Corporation), Cadillac Bar Inc., Monear Investments Inc. and Ca-drest (New York) Inc. (the “Entities”) for an award of sanctions pursuant to Bankruptcy rule 9011 and 28 U.S.C. § 1927; and after a hearin...
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MEMORANDUM DECISION ON REMAND OF ISSUES IN DETERMINATION OF ADEQUATE PROTECTION BACKGROUND This case was commenced on May 26, 1988, by the filing of an involuntary Chap *676 ter 11 petition against East-West Associates (the “Debtor”) by Nastasti-White, Inc., Circle Industries Division, Argus Construction Corp., and U.S.A. Contracting Corp (the “Petitioning Creditors” or ...
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MEMORANDUM OPINION AND ORDER Dewey Beach Enterprises, Inc., is a Chapter 11 debtor. In its petition filed March 17, 1989, it listed the Internal Revenue Service as the holder of a disputed claim in the amount of $370,337. On August 31, the IRS filed a proof of claim in the amount of $886,354.26, which it amended on September 12 to increase the amount to $1,286,175.26. (Claim Nos. 47 and 48). De...
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110 B.R. 686 (1990) In re 222 LIBERTY ASSOCIATES, Debtor. 222 LIBERTY ASSOCIATES, Plaintiff, v. PHILADELPHIA ELECTRIC COMPANY, Defendant. Civ. A. No. 89-564. United States District Court, E.D. Pennsylvania. April 10, 1989. ORDER AND NOW, this 10th day of April, 1989, it is hereby ORDERED and DECREED that the Order of the Bankruptcy Court of December 22, 1988, 94 B.R. 381, holding that the paymen...
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MEMORANDUM Appeal is taken by the Carey Canada, Inc. and Celotex Corp. (Appellants) from a final order of the bankruptcy court administering a Chapter 11 proceeding. Jurisdiction is founded upon 28 U.S.C. § 158. The sole question presented is one of law. Therefore, the district court’s review is plenary. Universal Minerals, Inc. v. C.A. Hughes & Co., 669 F.2d 98, 101-03 (3...
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ORDER AND NOW, this 10th day of April, 1989, it is hereby ORDERED and DECREED that the Order of the Bankruptcy Court of December 22, 1988, 94 B.R. 381, holding that the payment of $12,500 made on behalf of the Debtor to the Defendant is avoidable is REVERSED and this payment is held not to be avoidable under 11 U.S.C. § 549(b)....
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MEMORANDUM OF DECISION At issue in this adversary proceeding is the interplay of Bankruptcy Code Chapter 13 with post-assignment relief under the Department of Housing and Urban Development’s (HUD’s) Mortgage Assignment Program. Before the court are defendant HUD’s motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, 12(b)(2) fo...
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ORDER-MEMORANDUM AND NOW, this 13th day of February, 1990 the order of the bankruptcy court entered July 21,1989 is affirmed. 102 B.R. 431. Jurisdiction is 28 U.S.C. § 158(a). Review of legal conclusions is plenary. The clearly erroneous standard applies to findings of fact. In re Abbotts Dairies of Pennsylvania, Inc., 788 F.2d 143 (3d Cir.1986). On September 27, 1988 an involuntary bankr...
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OPINION A. INTRODUCTION Consolidated for trial and disposition before us are a motion of Anna Conners (hereinafter “the Defendant”), the vendor under a contract within the scope of the Pennsylvania Installment Land Contract Law, 68 P.S. § 901, et seq. (hereinafter cited as “the ILCL”), in which the Debtor, Miriam Rowe (hereinafter “the Debtor”), is the vendee for the sale ...
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Statement of Facts While this case does not deserve a Homeric epic, it has engaged in an Odyssey in time. Nine years ago, in 1981, Topeo, Inc. (“Topeo”) filed a Chapter 11 petition in bankruptcy. Five years later, the bankruptcy court granted the trustee in bankruptcy’s (“the Trustee”) motion to convert the case from Chapter 11 to 7. Shortly after Topeo entered Chapter 7, th...
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110 B.R. 731 (1990) In re METROPOLITAN HOSPITAL, Debtor. Bankruptcy No. 89-12542F. United States Bankruptcy Court, E.D. Pennsylvania. February 14, 1990. *732 Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for movant, Dept. of Health and Human Services. Marvin Krasny, Leonard P. Goldberger, Anthony J. Pasquariello, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for movant, Offici...
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OPINION A. INTRODUCTION The instant contested matter obliges us to revisit an issue which we previously addressed in In re Pinder, 83 B.R. 905, 908-12 (Bankr.E.D.Pa.1988); and In re Caster, 77 B.R. 8, 14 (Bankr.E.D.Pa.1987): the scope of 15 U.S.C. § 1612(b), a provision of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter “TILA”...
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110 B.R. 754 (1990) In re William Joseph CIRINEO and Heidi J. Cirineo, a/k/a Heidi Weinberg, Debtors. MANUFACTURERS HANOVER TRUST COMPANY, Plaintiff, v. Heidi J. CIRINEO a/k/a Heidi Weinberg, Defendant. Bankruptcy No. 89-12964S, Adv. No. 89-1168S. United States Bankruptcy Court, E.D. Pennsylvania. February 22, 1990. *755 Noah Gorson, Gorson & Gorson, P.C., Philadelphia, Pa., for plaintiff. Ar...
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*765 MEMORANDUM OPINION The Complaint in the above-captioned adversary action consists of six (6) counts, of which only Counts II and VI remain to be adjudicated. Count I was dismissed by Order of Court on the day of trial. Summary judgment had been entered previously in favor of Plaintiffs therein with respect to Counts III, IV, and V. Count II of the Complaint has been bro...
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MEMORANDUM OPINION Before the Court is Plaintiffs' Complaint To Determine Dischargeability of Debtor Pursuant To 11 U.S.C. § 523(a)(2)(A) or, In The Alternative, Objection To Discharge of Debtor Pursuant To 11 U.S.C. § 727(a)(2), (3) and (5). Plaintiffs -claim that Stephen John Rus-nak (“Debtor”) obtained money from them by fraudulent representations; that Debt- or, with intent to hinder, d...
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This case involves the disposition of an unscheduled asset of a bankruptcy estate. After a tortuous path involving three trips through bankruptcy and district courts, it presents this rather queer result: the defendant law firm executed on a judgment (the unscheduled asset) for its client (the bankrupt), for which the bankruptcy court awarded it attorney’s fees of roughly $8,000, but the bankruptc...
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OPINION Counsel for the debtor has applied for compensation in the amount of $5,427.50 and reimbursement of expenses of $658.45. Counsel had obtained a retainer from the debtor prior to the commencement of the case in the amount of $5,000. Hence, the net fee application is for $427.50 and $658.45 in expenses. The trustee’s First and Final Account shows that the total receipts of the Chapter 7...
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MEMORANDUM OPINION This matter is before the Court on the motion of Golansky Construction Inc., pursuant to Rule 3003(c)(3) of the Rules of Bankruptcy Procedure, to file a proof of claim after the bar date for filing claims. The debtor opposes the motion. A hearing on the motion was held on August 3, 1989, at which time the Court took evidence and heard argument. Subsequently, counsel for both pa...
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In this appeal, we must decide whether the discharge in bankruptcy, as time-barred, of a constitutional tort claim of a plaintiff, who has knowledge of the pend-ency of the bankruptcy case only eighteen days before the bar date, unconstitutionally deprives the plaintiff of property without due process of law. We hold that the requirements of constitutional procedural due process were satisfied ...
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MEMORANDUM OPINION We are called upon to determine whether the debtor’s interest in funds under a profit sharing plan sponsored by Xerox Corporation (“defendant” or “Xerox”) is excluded from property of the estate under § 541(c)(2) of the United States Bankruptcy Code (“Code”). Robert and Kathy Putman (“debtors”) filed a petition under Chapter 7 of the Code on January 23, 1987. On th...
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DECISION AND ORDER ON SUA SPONTE SHOW CAUSE HEARING REGARDING IMPOSITION OF SANCTIONS FOR IMPROPER REMOVAL GAME ON for hearing sua sponte the defendants herein to show cause why sanctions should not be imposed pursuant to Rule 9011 for improperly removing the aforementioned action from state to federal court. The court concludes that sanctions should be imposed. BACKGROUND...
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DECISION AND ORDER DENYING MOTION FOR REHEARING AND MOTION TO AMEND On September 13, 1989, this court confirmed the debtor’s proposed plan of reorganization, ruling from the bench and making its findings of fact and conclusions of law on the record at that time. KP Miller, whose objections to the plan were overruled by the confirmation, now seeks rehearing of the confirmation or alternati...
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ORDER GRANTING MOTION TO SUPPLEMENT RECORD ON APPEAL ORDER DENYING WITHOUT PREJUDICE MOTION TO DISMISS APPEAL AS MOOT ORDER GRANTING MOTION TO STRIKE BRIEF OF APPELLANT AND TO EXTEND THE TIME FOR APPELLEE’S BRIEF These motions arise out of an action by the bankruptcy court confirming the Unsecured Creditors Committee's Chapter 11 plan, and appellant Durant Enterprises, Inc.’s appeal therefr...
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The issue in this appeal is whether a bankruptcy court erred in reopening a no-asset Chapter 7 bankruptcy proceeding to permit the listing of a previously omitted creditor, notwithstanding that a bar date had been set and the case had closed years earlier. The district court, 97 B.R. 363, found no error in the bankruptcy court’s decision. Neither do we. I The debtor in this case, Michael C. S...
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*820 MEMORANDUM OPINION AND ORDER RE: APPLICATION OF 11 U.S.C. SECTION 109(g)(2) As the proceeding before the court is core pursuant to 28 U.S.C. Section 157(b)(2)(A), I have jurisdiction to enter a final order or judgment on the question of the appropriate application of 11 U.S.C. Section 109(g)(2). On November 25, 1988, Karen L. Santana (“Santana”) filed a petition in bank...
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MEMORANDUM OPINION This cause is before the Court on the Complaint of Plaintiff, CHERYL A. LAR-ICCIA, to determine whether the Debtor’s obligation to Plaintiff constitutes nondis-chargeable alimony, maintenance or support under the terms of 11 U.S.C. § 528(a)(5). FACTS Plaintiff and Debtor were married for thirteen (13) years. Two (2) children, Rachel Jean and Marie Ann, were bo...
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MEMORANDUM This case involves an attempt by the trustee in bankruptcy to recover preferences allegedly created when the debtor paid certain fuel bills within 90 days of filing its bankruptcy petition. For the reasons stated below, the Court finds that the trustee may not recover the payments at issue from the defendant-appellants. Ac *829 cordingly, the February 17, 1987 ruli...
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MEMORANDUM This is an appeal from the decision of the bankruptcy judge, 93 B.R. 366, finding that a sale of a jet airplane was commercially unreasonable after it had been repossessed for nonpayment of debt. The bankruptcy judge saw and heard the witnesses and made findings of fact and conclusions of law which are fully supported by the record in this case. After reading the entire record, the c...
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110 B.R. 834 (1989) In re Walter DAVIS and Jimmye Davis, Debtors. Bankruptcy No. 88-26610-K. United States Bankruptcy Court, W.D. Tennessee, W.D. November 21, 1989. Philip F. Counce, Memphis, Tenn., for debtors. David H. Jones, Memphis, Tenn., for Leader Federal. George W. Emerson, Jr., Memphis, Tenn., Standing Chapter 13 Trustee. SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW RE DEBTORS' M...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTIONS OF ROCKWELL INTERNATIONAL CORPORATION AND ALLIED-SIGNAL, INC. TO FILE LATE PROOFS OF CLAIM This contested matter came on for trial on the Motions of both Rockwell International Corporation (“Rockwell”) and Allied- *838 Signal, Inc. (“Allied-Signal”) (collectively “Movants”) to File Late Proofs of Claim. Evidence was admitted ...
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MEMORANDUM OPINION ON MOTIONS FOR DEFAULT JUDGMENT, SUMMARY JUDGMENT, AND RELIEF UNDER 11 U.S.C. § 362(d) AMENDED AND REISSUED FEBRUARY 7, 1990 In these four Adversary actions, Petti-bone seeks a declaration that the state court personal injury suits filed against it by the Defendants during Pettibone’s reorganization are null and void and also seeks an injunction enjoining the conti...
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MEMORANDUM OPINION SETTING FORTH THE STANDARD TO BE USED IN THE DISTRESS TERMINATION OF THE DEBTOR’S PENSION PLAN This matter comes before the Court on the Motion of the Debtor, Resol Manufacturing Company, Inc., for Authority to Terminate Its Pension Plan (“Motion for Authority to Terminate”), the Response of the Creditor, the Pension Benefit Guaranty Corporation (“PBGC”) to the Debtor’s...
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MEMORANDUM OPINION ON TRUSTEE ELECTION On December 19, 1986, an involuntary Chapter 7 case was commenced against Wayne J. Klein (“Debtor”) by United States Fidelity and Guarantee Company (“USF & G”), Harris Trust and Savings Bank, (“Harris”) and Continental Bank (“FDIC”). This case was originally assigned to Bankruptcy Judge DeWitt. On December 30, 1986, an order was entered appointing an...
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Case below, In re Parr Meadows Racing Ass’n, Inc., 92 B.R. 30; 880 F.2d 1540. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Denied....
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MEMORANDUM AND ORDER Following sale of the debtors’ real estate, the trustee filed a motion to marshall liens in which he alleged that the Bank of Casey was not entitled to any proceeds from the sale of a one-acre tract and mobile home that had become attached to the real estate. The trustee proposed to pay the proceeds from the sale of this tract to the Farm Credit Bank of St. Louis, whi...
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MEMORANDUM AND ORDER This matter is before the Court on appeal from the July 27, 1989 Order of the bankruptcy court. That order held that the automatic stay provisions of the Bankruptcy Code were violated by Honeywell Inc.’s initiation of a proceeding before the Interstate Commerce Commission (ICC) for a declaratory order barring “undercharge” claims asserted by debtor, Transportation Sys...
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This Chapter 11 case came on before the Court on September 25, 1989, for hearing on the motion of Fort Howard Packaging Corporation (“Fort Howard”) for relief from stay. Fort Howard appeared by its attorney, Robert G. Share. Chapter 11 Trustee Edward W. Bergquist appeared pro se. Michael Wilcox and other interested parties appeared by their attorney, Faye Knowles. H. R. Weinrich appe...
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ORDER GRANTING MOTION OF AMOCO OIL COMPANY FOR RELIEF FROM STAY This Chapter 7 case came on before the Court on January 22, 1990, for hearing on *900 the motion of Amoco Oil Company (“Amoco”) for relief from stay. Amoco appeared by its attorney, Lawrence T. Hofmann. The Chapter 7 Trustee appeared by his attorney, Brian F. Kidwell. Upon the moving and responsive documents, Amo...
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ORDER GRANTING TRUSTEE’S MOTION FOR TURNOVER OF PROPERTY This Chapter 7 case came on before the Court on February 5, 1990, for hearing on the Trustee’s motion for turnover of certain assets. Trustee Michael J. Iannacone appeared on behalf of the bankruptcy estate. Debtor appeared personally and by her attorney, George H. Smith. Upon the moving and responsive documents, arguments of counsel, and...
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MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(A), which the Court may hear and determine. PROCEDURAL AND FACTUAL BACKGROUND T...
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MEMORANDUM OPINION I. JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(I), which the Court may hear and determine. 11. PROCEDURAL BACKGRO...
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I The state director of a federal lending agency represented to a debtor who filed for protection under Chapter 11 of the Bankruptcy Code (“Code”) that no post-petition interest would be charged on loans previously advanced to the debtor. The United States subsequently disputed the authority of the state director to make such a determination. The post-petition interest was thus charged to ...
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OVERVIEW The debtor filed a bankruptcy in Texas, which was dismissed on August 3, 1988, by stipulation between the debtor and the ap-pellees. The appellant, Blake, Barnett, Mil-man & Bell, Inc., is the law firm which represented the debtor in filing a second bankruptcy case in California approximately five months later on December 30, 1989. The California bankruptcy court found that the s...
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MEMORANDUM OF DECISION RE MOTION TO COMPEL TRUSTEE TO ADMINISTER ASSET FACTS William and Virginia Moore, debtors herein, filed their Chapter 7 petition on September 14, 1988. Prior to filing, the debtors brought a “lender liability” action against Desert Community Bank (“Bank”) and certain of its officers in the Superior Court of California, County of San Bernar-dino. Bank is also a ...
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110 B.R. 928 (1987) In re Gary Charles RUSTAD and Shirley Rustad, a/k/a, d/b/a Sawtooth Insurance Agency, Debtors. ROCKY MOUNTAIN GENERAL AGENCY, Plaintiff, v. Gary Charles RUSTAD and Shirley Rustad, Defendants. Bankruptcy No. 86-40705, Adv. No. 487/0018. United States Bankruptcy Court, D. Montana. September 28, 1987. *929 Scott Radford, Great Falls, Mont., for debtors/defendants. Steven M. Johns...
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MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter came on for hearing November 11, 1988, upon a motion for summary judgment brought by plaintiff, Cowlitz Candy and Tobacco, Inc. (hereinafter Cowl-itz). Plaintiff seeks a determination that defendants’ debt to plaintiff is nondis-chargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6), and an entry of judgment as was awarded b...
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MEMORANDUM OPINION AND ORDER Appellant, William E. Brayshaw (Bray-shaw or debtor), appeals the Bankruptcy Court’s October 5, 1989 order granting Trustee a 60 day extension of time to object to the debtor’s exemptions. I reverse. On May 10, 1989, Brayshaw filed his Chapter 7 petition in bankruptcy. In his petition, he claimed as exempt property his homestead interest in his residence, a profit...
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OPINION AND ORDER This matter is before the court on Drislor Associates’ motion for a stay pending appeal of a bankruptcy court order. The order granted a secured creditor, Metro North State Bank (the “Bank”), relief from the automatic stay imposed by 11 U.S.C.A. § 362(a) (West Supp.1989) and thus permitted the Bank to foreclose on real property which constitutes the principal income-prod...
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DECISION AND ORDER Heard on September 27, 1989 on the Complaint of Dellson, Inc. (“Dellson”) seeking to have its debt with the debtors, Mitchell and Ellen Pretner (“Pretner”), declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B). 1 Pretner denies the allegations in the complaint, contends that the financial statement he submitted to Dellson *943 was not materially false, and argue...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on the Motion to Show Cause Why Creditor Should Not be Held in Contempt filed by the Debtor on September 19, 1989 and the Reply filed by the creditor, Stephen Slezak, on December 11, 1989. The Court held a hearing regarding this matter on January *947 9, 1990. At the conclusion of that hearing, this Court issued its...
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MEMORANDUM AND ORDER The case comes before this court on appeal of the bankruptcy court’s memorandum of decision and judgment of decision which were filed on May 3, 1989, in an adversary proceeding. The bankruptcy court therein held that the tax assessed on the plaintiff’s 1983 income, the related penalties, and the associated interest are dis-chargeable under the provisions of 11 U.S.C. ...
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MEMORANDUM OPINION AND ORDER This matter comes on for hearing before the Court on January 23, 1990, pursuant to *958 Defendant Darrel Derryberry’s Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; Defendant Helen J. Johns’ Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; and Plaintiffs Motion for Leave to File Second Amended Complain...
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MEMORANDUM OPINION AND ORDER The Debtor in this case, Mary L. Moses, filed a Petition for Relief under Chapter 7 of the Bankruptcy Code on October 27, 1989. One of the Debtor’s assets is real property located in Wagoner County, Oklahoma and more particularly described as follows, to-wit: Lot Three (3), Block Three (3), WOODSTOCK II, an Addition to the City of Broken Arrow, Wagoner Co...
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110 B.R. 964 (1990) In re OTASCO, INC., I.D. No. XX-XXXXXXX, Debtor. OTASCO, INC., Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, American Motorists Insurance Company, and National Loss Control Service Corporation, Defendants. Bankruptcy No. 88-03410-W, Adv. No. 89-0285-W. United States Bankruptcy Court, N.D. Oklahoma. February 21, 1990. *965 Doerner, Stuart, Saunders, Daniel, &am...
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ORDER This is an appeal of the Bankruptcy Court’s approval of a plan filed pursuant to Chapter 13 of the Bankruptcy Code. The appellant, Jim Walter Homes, Inc. (JWH), argues that the Bankruptcy Court erroneously interpreted certain provisions of Chapter 13 and that, as a result, the plan here at issue should be modified. The ap-pellees, Lonnie and Tammy Latimer, have responded, and the issues p...
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*972 MEMORANDUM OPINION T.L. Paramanandhan (hereafter movant) and Nikolas Alexander Janovski (hereafter debtor) were formerly married. During their marriage, the movant and debtor established a $35,000.00 fund designed to pay the college education cost for their two minor children. The fund was subsequently incorporated into their divorce decree. The debtor borrowed from this fun...
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APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORDER ON APPEAL This cause is before the Court on appeal from the Order on Motion for Relief from Stay or Alternatively for Adequate Protection or Alternatively Motion to Compel Assumption or Rejection of Executory Contract and Motion to Prohibit the Use of Cash Collateral entered on March 7, 1989, 98 B...
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ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER DENYING NOTION FOR IMMEDIATE PARTIAL PAYMENT OF SECURED CLAIM THE MATTER under consideration in this Chapter 7 case is a Motion for Reconsideration of Order Denying Motion for Immediate Partial Payment of Secured Claim filed by Creditor, Enterprise National Bank of Tampa (Enterprise). The Court reviewed the record, heard testimony and argu...
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ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding came on for hearing on January 22, 1990, of the motion for summary judgment (Document No. 6) filed by plaintiff, Braniff, Inc. (“Braniff”), and the motion for summary judgment (Document No. 9) filed by defendants, James W. Toren and Wilmington Trust Company, as trustees of the BRNF Liquidating Trust (“BRNF”). Brani...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THE MATTER under consideration in the above-captioned adversary proceeding is an action for declaratory judgment under Title 28 U.S.C. §§ 2201 and 2202 brought by the Plaintiff, Federal Deposit Insurance Corporation (FDIC) to determine whether income tax refunds due from the Internal Revenue Service (IRS) and the State of Florida are property of FDIC o...
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110 B.R. 989 (1990) In re Eli SOFRO and Lori Sofro, Debtors. Milton Gene FRIEDMAN, Trustee, Plaintiff, v. Eli SOFRO, Defendant. Milton Gene FRIEDMAN, Trustee, Plaintiff, v. Lori SOFRO, Defendant. Bankruptcy No. 89-01018-BKC-SMW, Adv. Nos. 89-0530-SMW-A, 89-0557-SMW-A. United States Bankruptcy Court, S.D. Florida. February 26, 1990. *990 Gary J. Rotella, Rotella & Boone, P.A., Fort Lauderdale,...
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ORDER Before the court is the application, as amended, of Gambrell, Clarke, Anderson & Stolz for allowance of compensation. Applicant seeks the allowance of attorney’s fees under 11 U.S.C. § 503(b)(3)(D) and (b)(4) or, alternatively, under the doctrine of quantum meruit and the court’s equitable powers under 11 U.S.C. § 105. This is a core proceeding under 28 U.S.C. § 157(b). A...
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MEMORANDUM AND ORDER ON APPLICATION FOR INTERLOCUTORY INJUNCTION Debtor’s Chapter 11 case was filed on October 3, 1988. In the ensuing weeks, a series of events have transpired which demonstrate a fundamental dispute among certain shareholders and existing management of the company. The dispute resulted in a series of meetings of the shareholders culminating with the attempted ouster of the Deb...
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ORDER Before this court is the debtor-in-possession’s (hereinafter “debtor”) request that this court enjoin the debtor’s spouse, Ann W. Bible, from proceeding with an action for separate support and maintenance, equitable division of property, attorney’s fees, suit costs and contempt against the debtor which is pending in the Family Court for the Thirteenth Judicial Circuit in Greenville ...
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MEMORANDUM DECISION DENYING DEBTOR’S MOTION FOR IMMEDIATE RELEASE FROM INCARCERATION AND GRANTING CREDITOR’S MOTION TO PARTICIPATE IN CAPIAS PROCEEDING The underlying legal issue in this case is one for which there was an express statutory answer in the former Bankruptcy Act of 1898 and in cases under the present *1013 Bankruptcy Code until 1984. The issue is how and under wh...
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This is an appeal of an order of the district court which reversed the bankruptcy court’s determination that a debt was nondischargeable under 11 U.S.C. § 523(a)(2)(B).1 Because we find that the district court applied an improper standard of review, we reverse. BACKGROUND James and Linda Bonnett (Bonnett) owned and operated Bonnett’s Turkey Hatchery, Inc. in southern Illinois. In August, 1980, Bon...
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Denied....
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