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All Reporters → br → Volume 12

Opinions in br Volume 12

MEMORANDUM AND ORDER ON MOTION FOR REHEARING, COMPLAINT TO PUNISH FOR CONTEMPT AND FOR DECLARATORY JUDGMENT On November 21, 1980 the Debtors filed an application, pursuant to 28 U.S.C. § 1478, for removal of a pending action for foreclosure from the Superior Court of the State of Vermont to this U. S. Bankruptcy Court. This petition was resisted by the mortgagees, John B. Sargent and Fred...
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MEMORANDUM OPINION FACTS On April 1, 1980 the debtors filed a voluntary joint petition under Chapter 7 of the Bankruptcy Code. On May 22, 1980 Household Finance Consumer Discount Company (hereafter “Household Finance”) filed a Complaint to Have a Debt Declared Non-Dischargeable; the last day to file a Complaint to Determine the Dischargeability of a Debt was May 23, 1980. An Answ...
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MEMORANDUM OPINION AND ORDER A Motion for an order disqualifying the firm of Brown, Baker, Schlageter & Craig, collectively, and any members individually, from representing or counselling with any of the Defendants herein, and for an appropriate order protecting the work product in the possession of the firm of Brown, Baker, Schlageter & Craig and/or any individual members thereof relative to rep...
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This matter came on before the Court to be heard upon the Amended Complaint filed by the Trustee to recover for unjust enrichment from the Defendants the damages representing the greater value of the home sold by the Debtor to the Defendants “as built” as compared to the home described in the plans and specifications which were part of the sales agreement. During the course of the trial, the Plain...
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MEMORANDUM OPINION This matter comes on upon the filing of Complaints by Edgar H. Tenent and Susie E. Dunstan, Plaintiffs herein, requesting relief from stay in order to recover possession of the demised premises known as 6006 West Broad Street, Richmond, Virginia, currently occupied by Tenfield, Inc., Debtor and Defendant herein. A preliminary hearing was held in the matter of Edgar H. Tenent...
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MEMORANDUM OPINION AND ORDER This matter comes on upon the filing of a Motion by Tenfield, Inc. t/a Shakey’s Pizza Parlor (Tenfield, Inc.), by counsel, for stay of the order entered May 20, 1981 pending appeal to the United States District Court. By this Court’s order entered May 20, 1981, 12 B.R. 12, the Court found that Tenfield, Inc., as Debtor-in-Possession and lessee of 6006 West Broad Str...
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DECISION AND ORDER This matter is before the Court for disposition of the plaintiff’s complaint seeking vacation of the automatic stay effective pursuant to 11 United States Code § 362(a). The plaintiff requests the termination so as to proceed with the foreclosure and sale of the above defendants’ real estate as ordered by the Court of Common Pleas of Clark County, Ohio on August 12, 1980. The d...
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ORDER PARTIALLY DISMISSING PROCEEDING On April 15, 1980, (as amended August 14, 1980), the Commonwealth of Massachusetts (the “Commonwealth”) filed a complaint against the above-named defendants. The complaint seeks inter alia1 to restrain the United States of America (the “United States”) acting through the Secretary of the Department of Health and Human Services2 (the “Secretary”) from reducing ...
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DECISION AND ORDER This matter is before the Court for disposition of an Objection to the above debtors’ claimed exemption of certain property by Thorp Credit, Inc. of Ohio. The debtors claimed as exempt property in Schedule B-4 of their Petition household goods which they valued at $2,000.00. Thorp Credit, Inc., filed its Objection to this exemption on October 17, 1980, and a hearing was held ...
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OPINION AND ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPT PROPERTY On February 21, 1980, John Jeffrey Brooks filed his voluntary petition under the provisions of Chapter 7 of the Bankruptcy Code. Schedule B-2, attached to that petition, revealed Brooks’ ownership of personal property in the form of an uninsured motorist and medical payment claim against Motorists Mutual Insurance Company aris...
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MEMORANDUM OPINION AND ORDER Trial was held on the Complaint of the Plaintiff for determination of dischargeability of debt, with the following Counsel present: Gordon Senerius, Attorney for Plaintiff and David L. Sipe, Attorney for the Defendants. Testimony having been entered, exhibits introduced and final arguments having been made, the Court makes the following findings of fact: FINDINGS ...
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MEMORANDUM OPINION Paul and Denise Shuttleworth filed a Chapter 13 petition under the Bankruptcy Code, on June 20, 1980. On October 14, 1980 the debtors filed a Complaint to Avoid Liens pursuant to 11 U.S.C. § 522(f). The debtors own certain real estate known as 1224 Manor Drive, Pittsburgh, Pennsylvania. The debtors have claimed an exemption of $15,800.00 in said property pursuant toll U...
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MEMORANDUM OPINION This matter comes on upon the filing of a Complaint by Watson M. Marshall, Trustee and Plaintiff herein, for the turnover of property of the estate and for determination of the extent, priority or validity of liens thereon. The Defendants, E. Carlton Wilton, Jr. and Dominion National Bank, filed Answers in the matter, each asserting their rights and interest in the property. ...
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MEMORANDUM OPINION AND ORDER Hearing having been held on Plaintiff’s Motion For A Temporary Restraining Order, and the Court having ruled partially on the relief sought by an Order dated May 20, 1981, this cause comes now for further determination on the matter of the real estate question raised by the Plaintiff in his Petition For Relief. It appearing that the ruling of the Court on the Temp...
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MEMORANDUM OPINION The plaintiff, trustee in these proceedings, brought an action against defendant alleging that the defendant had received a preference from the debtor. The facts involved in this matter are that on or about April 14,1980, and prior to the filing of the petition in bankruptcy, Sports Liquidators mailed its check in the amount of $3,440.67 drawn on the Union Bank, Tucson, Arizo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Cause came on to be heard upon the petitioning creditor’s Complaint for Relief from Automatic Stay. The Court, having heard the testimony of the witnesses and having examined the- evidence presented, having observed the candor and demeanor of the witnesses, having considered the arguments of counsel and being otherwise fully advised in the premises, doe...
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OPINION This action was commenced upon the complaint of the Trustee, Floyd A. Harris, in the above-entitled action requesting the court to order that the equipment described in the complaint be sold to Forest Lodge Management Corporation subject to any existing liens, encumbrances or security interests and that the liquor license be sold free and clear of any lien, encumbrance, claim or interes...
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MEMORANDUM AND ORDER The debtors filed petition for order for relief under Chapter 7 of Title 11, United States Code, on December 21, 1979. During the two week period preceding the filing of the petition the debtors, obviously engaging in prebankruptcy planning, sold nonexempt personal property for approximately 50% of the value which they had assigned to those properties and applied the procee...
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The Debtors, Dempsey and Elsie Lump-kins, filed a joint Chapter 7 petition on November 12, 1980. In the present complaint they seek to avoid a judicial lien on the equity in their residence. The Defendant, Apex Incorporated, obtained judgment in the amount of $1,127.41 in the Fifth Division Court of the State of Rhode Island on May 29, 1980, and levied execution on the real estate on June 13, 1...
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MEMORANDUM DECISION In this proceeding the Plaintiff, a dealer in building materials, seeks a determination that its claim against the Debtor in the amount of $8,846.89, is nondischargeable. The Debtor, a small building contractor, had been engaged in the construction business for two years before he commenced doing business with the Plaintiff. During September of 1977 he was contacted by one of ...
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MEMORANDUM OPINION In this case of first impression under the Bankruptcy Code, the Court considers the unique domicile — residence situation of the serviceman and the need to prevent exemption shopping. In tneir joint petition for bankruptcy, the Wellbergs claimed the Federal exemptions of property. Their principal asset is a parcel of real estate in the land of sky blue waters on wh...
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OPINION Provident Savings Association (“Provident”) has commenced an adversary proceeding to modify the automatic stay imposed by Bankruptcy Code § 362 in order to permit it to continue foreclosure proceedings. The debtor requests that the stay be continued, contending that Provident is adequately protected because there exists an equity cushion and because debtor has offered to make...
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ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS Florida, pursuant to the authority granted individual states by § 522(b)(1) of the Bankruptcy Code, has enacted § 222.20, Florida Statutes, “opting out” of the Federal exemptions of § 522(d). The debtor has claimed certain exemptions accorded by state law, and the Trustee has objected to that claim of exemptio...
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OPINION This cause came for trial on January 8, 1981 upon a complaint to determine the dischargeability of a debt filed by Calcasieu Marine National Bank, the plaintiff herein. STATEMENT OF THE FACTS This matter arises upon a complaint to determine the dischargeability of a debt pursuant to 11 U.S.C. 523(a)(2)(B) of the Bankruptcy Code which excepts from discharge any debt for o...
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12 B.R. 60 (1981) In re Yolanda and Matthew CAIRONE, Debtors. RHODE ISLAND LOTTERY COMMISSION, Plaintiff, v. Yolanda and Matthew CAIRONE, Defendants. Bankruptcy No. 8000210, Adv. No. 800231. United States Bankruptcy Court, D. Rhode Island. June 17, 1981. *61 John P. Hawkins, Hawkins & Hoopis, Providence, R.I., for R.I. Lottery Commission. Louis A. Geremia, Providence, R.I., for debtors. ARTHU...
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Heard on January 27, 1981 on the complaint of the Rhode Island Lottery Commission to determine the dischargeability of a debt which Plaintiff alleges is nondis-chargeable pursuant to 11 U.S.C. § 523(a)(4). The parties have stipulated to the following facts: On April 12, 1974 the Debtors procured a Lottery Sales Agent License (No. 53519) from the Rhode Island State Lottery Commission, and began sel...
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ORDER Although it is the opinion of this Court that Laurance Tyrone Jeffries (hereinafter “Jeffries”) conducted himself improperly in the Bankruptcy Proceeding designated Walter William Elbers, Jr., 79 B 2944, it would appear that due to the pressing nature of its own calendar the Executive Committee of the District Court for the Northern District of Illinois at the present time would not hear a ...
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*67MEMORANDUM AND ORDER The above captioned adversary proceedings involving a 1963 Chevrolet Corvette Coupe and the certificate of title thereto in which each of the plaintiffs ask to have the debtor’s indebtedness to him determined non-dischargeable were consolidated for trial. The debtor, Richard G. Bundy, was the proprietor of a gasoline service station known as Dick’s Plaza Mobil at 12th and P...
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MEMORANDUM AND ORDER ON COMPLAINT FOR RELIEF FROM STAY This matter involves a purported lessee of property seeking to recover possession from its alleged sub-tenant, the debtor. The facts do not appear to be in substantial dispute, although the court is troubled by the methods of counsel in bringing to the court’s attention certain documentary evidence. For instance, an original lease was attac...
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12 B.R. 72 (1981) In re Janet TROTTER, Debtor. SIMS FURNITURE COMPANY, INC., a California Corporation, Plaintiff, v. Janet TROTTER, Defendant. Bankruptcy No. 80-06819-JD, Adv. No. 80-2325-JD. United States Bankruptcy Court, C.D. California. June 18, 1981. Larry Wasserman, Beverly Hills, Cal., for plaintiff. Slate & Leoni, Los Angeles, Cal., for defendant. MEMORANDUM OF DECISION JAMES R. DOOL...
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Marvin Eugene BeVier and Joyce LaVae BeVier, hereinafter Debtors, filed a joint petition for an order for relief in a Chapter 7 bankruptcy. This Bankruptcy Court held a trial on their Complaint filed by William J. Rieb, hereinafter Debtors’ Attorney, to determine whether Robert A. Warder, hereinafter Trustee, may sell a promissory note in which Debtors are the payees pursuant to his duty as Tru...
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OPINION The issue before us is whether a debtor in a chapter 11 case under the Bankruptcy Code (“the Code”) must introduce evidence of the feasibility of a plan of reorganization in order to survive a preliminary hearing, for relief from the automatic stay under § 362(e) of the Code. We conclude that, where the debtor contends that relief from the stay should not be granted because the pr...
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MEMORANDUM OPINION The plaintiff holds a valid and enforceable first real estate mortgage on the two-family residence owned by the defendants (debtors), which has a fair market value of *82 $35,000 and upon which is owed in excess of $43,000. The debtors propose to pay $225 per month under a chapter 13 plan yet to be confirmed over the objection of the plaintiff. Plaintiff de...
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12 B.R. 82 (1981) In re Benjamin Herman HENSON, Debtor. WEST BENEFICIAL FINANCE, INC., Plaintiff, v. Benjamin Herman HENSON, Defendant. Bankruptcy No. 2-80-03389, Adv. No. 2-81-0160. United States Bankruptcy Court, S.D. Ohio, E.D. June 19, 1981. *83 Joel H. Mirman, Columbus, Ohio for plaintiff West Beneficial Finance, Inc. Robert H. Farber, Jr., Columbus, Ohio, for debtor and defendant, Benjamin ...
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MEMORANDUM AND DECISION Artcraft Concepts is a division of C. H. Stuart, Inc., plaintiff herein. Robert Strouse, defendant in this action, operates a hotel-restaurant in Saratoga Springs, NY known as the Ashgrove Inn. On December 19,1980, plaintiff held a dinner party at the Ashgrove Inn running up a bill of $3,780. The unpaid balance on that bill is $2,780, the difference having been paid on d...
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MEMORANDUM AND ORDER CONCERNING APPLICATION TO PAY DEFERRED COMPENSATION BENEFIT The application of the debtors, currently operating as debtors-in-possession, to pay the claim of Morris H. Abramoff pursuant to a deferred compensation agreement made by debtor Corporation, Acme Boneless Beef Co., Inc., and guaranteed by Portion Control Meat Processing Co., Inc., and Snider Bros., Inc., was ...
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MEMORANDUM OPINION AND ORDER Thomas Edward Leonard (the “Debtor”) filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Reform Act of 1978, Pub.L.No. 95-598, 92 Stat. 2604 (1978) (codified at 11 U.S.C. §§ 101-1330 (Supp.III 1979)) (the “Code”) on July 9, 1980. Prior to his discharge, the Debtor entered into a reaffirmation agreement with the Household Finance Corporation...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before this Court upon the Crossclaim of Defendant, Cayman Aviation Finance, Inc., (“Cayman”) against Defendant, Connie Valenti (“Valenti”). William Roemelmeyer, Trustee (“the Trustee”), as Plaintiff, having previously commenced this Adversary Proceeding by filing a Complaint against both Cayman and Valenti, settled his claim against both and...
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12 B.R. 96 (1981) In the Matter of Carmen ALESSI and Cora Alessi, Debtors. Bankruptcy No. 81 B 00088. United States Bankruptcy Court, N.D. Illinois, E.D. June 24, 1981. *97 Morgan & Susman, Chicago, Ill., for bankrupt. Jewel N. Klein, Illinois Racing Board, Chicago, Ill., Moshe Jacobius, Chicago, Ill., Chester L. Chowaniec, Examiner of Titles, Law Dept., Chicago, Ill., for Illinois Racing Board. ...
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MEMORANDUM & ORDER Defendant’s motion to dismiss the complaint asks this Court to determine whether an adversary proceeding seeking recovery of preferential payments and improper transfers of debtor’s property can be brought after a plan of arrangement in a Chapter XI proceeding is confirmed. After review of the argument presented on July 30, 1980, the papers submitted by counsel, the sta...
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*104MEMORANDUM AND ORDER CONTINUING . STAY, INJUNCTION, AND ORDER FOR ADEQUATE PROTECTION FOR USE OF CASH COLLATERAL The Court has before it two complaints which were combined for trial. The first complaint seeks relief from the automatic stay imposed by 11 U.S.C. § 362 to permit the State of Colorado, Department of Revenue, to sell, pursuant to distraint warrants, certain property of the Debtor t...
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This proceeding is before the Court for decision on respective motions for summary judgment. The sole question is whether the Defendant is a “custodian,” and, herein, this is answered in the negative. FINDINGS OF FACT The facts are not disputed: 1. Defendant has a perfected (Title Certificate) security interest in a 1970 Pontiac automobile securing an indebtedness of $426. 2...
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*110 MEMORANDUM ORDER STATEMENT After required notice, this matter came on for hearing upon Capitol Credit Union’s Code § 523(a)(2) complaint to have its debt deemed nondischargeable because incurred through debtors’ false pretenses or submitted materially false written financial statement. Additionally, Capitol Credit Union asserts that it has a security interest in certain household goods...
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The debtor has moved pursuant to Local Rule 2 to avoid the judicial lien of the respondent, Walt’s Tree Service, Inc. under the provision of section 522(f)(1) of the Bankruptcy Code. 11 U.S.C. § 522(f)(1). The debtor claims that the lien of the judgment impairs an exemption to which she is entitled under subsection (b) of section 522. In schedules filed with her petition, the debtor lists real ...
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ORDER Plaintiff First National Bank of Central Jersey commenced this adversary proceeding by filing a complaint to determine the dischargeability of a debt on February 19, 1980. This matter came on regularly to be heard before the Court on June 24, 1980 in Atlanta, Georgia. The Court, having heard the evidence presented at trial and having reviewed the pleadings on file, makes the followin...
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ORDER National Buy-Rite, (“Buy-Rite”), a corporation which provided buying services to its members, filed a petition under Chapter 7 of the Bankruptcy Code on January 31, 1980. William G. McDaniel, (“Plaintiff”), trustee for the estate of Buy-Rite, commenced this adversary proceeding for declaratory judgment on July 15, 1980. With three exceptions, the defendants consist of Buy-Rite’s members. Pl...
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Based on the evidence presented and on all the pleadings and papers filed herein, the Court makes the following: FINDINGS OF FACT 1. On December 19, 1980, the debtor filed a voluntary petition under Chapter 11 of the Bankruptcy Code. A Creditors’ Committee was appointed pursuant to 11 U.S.C. § 151102(a). 2. At the request of the Creditors’ Committee, all parties stipulated to the appointmen...
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ORDER RE DEBTORS FILING CLAIM ON BEHALF OF IRS AS LATE CLAIM Debtors have applied to file a claim on behalf of the Internal Revenue Service against their estate in bankruptcy. The ground of the application is that the Service failed to file a timely claim although it had notice of the filing of the petition. 11 U.S.C. 501(c) permits a debtor to file a proof of claim where the creditor does ...
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ORDER GRANTING MOTION TO DISMISS COMPLAINT AS TO BARBARA BERNARDELLI Plaintiff’s adversary complaint seeks to have a state court judgment obtained against Robert J. Bernardelli declared non-dischargeable. Barbara Bernardelli was not a party in the state court action, but is joined in this adversary action in order to make the community property of the debtors liable if the debt is held to be no...
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12 B.R. 124 (1981) NORTHEAST NATIONAL BANK v. Art TILLOTSON, et al. Bankruptcy No. 481-00145, Adv. No. 481-0118. United States Bankruptcy Court, N.D. Texas, Fort Worth Division. June 29, 1981. Marion L. Massey, Fort Worth, Tex., for N.E. Nat. Bank. Steve C. Cocanower, Fort Worth, Tex., for Tillotson. MEMORANDUM OPINION JOHN FLOWERS, Bankruptcy Judge. Northeast National Bank (hereinafter the "ban...
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OPINION The issue presented is whether a judicial lien which arose after the enactment date (November 6, 1978) but before the effective date (October 1, 1979) of the Bankruptcy Code (“the Code”) may be avoided by the debtors pursuant to § 522(f) of the Code. We conclude that § 522(f) is constitutional as applied to such a lien and that the debtors may, therefore, avoid it pursuant to that secti...
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MEMORANDUM AND ORDER On March 6, 1981, Searles Castle Enterprises, Inc. (the “Debtor”) filed a Petition for Relief pursuant to Chapter 11 of the New Bankruptcy Code. 11 U.S.C. §§ 1101, et seq. Pursuant to § 1101, a Chapter 11 debtor means a “debtor in possession” and, as such, it has all the rights and powers, and shall perform all the functions and duties of a trustee in bankruptcy. See ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come on to be heard upon plaintiff’s complaint seeking denial of discharge, pursuant to Section 727 of the United States Bankruptcy Code, and the Court, having heard the testimony and examined the evidence presented, having observed the candor and demeanor of the witness, having considered the arguments of counsel, and being otherwise full...
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*133 ORDER GRANTING OBJECTION OF NORWOOD AUTO WORKER’S CREDIT UNION TO THE AVOIDANCE OF ITS LIEN. This cause came on to be heard upon the objection filed by the creditor, Norwood Autoworker’s Federal Credit Union, on October 5, 1980 to the application of the debt- or to avoid the fixing of a lien on household goods pursuant to 11 U.S.C. § 522(f); and the Ohio exemption statute (O.R.C. 2329.-6...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Cause came on to be heard upon Plaintiff’s Complaint for: Modification of Stay (11 U.S.C § 362); Adequate Protection (11 U.S.C § 362); an Order Directing the Debtor to Abandon Assets (11 U.S.C. § 554); and, an Order Directing Turnover of Assets. The Court having heard the testimony of the witnesses, having examined the evidence presented, having obse...
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MEMORANDUM OPINION AND ORDER Deposit Guaranty National Bank (“Bank”), a creditor of the debtor, alleges in this proceeding that a debt owing to it by the debtor is nondischargeable in accordance with the provisions of § 523(a)(2)(A) of the Bankruptcy Code. Specifically, the issue before the Court is in regard to the debtor’s liability for purchases made by his estranged wife on their Visa credi...
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ORDER GRANTING MOTION TO STRIKE (DISMISS) COMPLAINT Defendant-debtors moved to strike the complaint upon the grounds that (1) the *138time for filing objections to dischargeability expired and (2) debtors had received their discharge before the complaint was filed. Primarily, a motion to strike is designed to attack redundant, immaterial, impertinent and scandalous matter. Fed.R.Civ.P. 12(f). It i...
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OPINION AND DECISION In Washoe County, Nevada, on December 30, 1979, plaintiff and defendant-debtor (and her then husband) agreed on the terms of the sale of a quarter horse. The parties signed a writing setting forth the price of $700 payable $100 down and $50 per month for the balance, and simultaneously orally agreed that the American Quarter Horse Association (AQHA) registration would be he...
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12 B.R. 140 (1981) In re John DEVERS. Civ. A. No. 80-2090. United States District Court, District of Columbia. January 13, 1981. Ira C. Wolpert, Washington, D.C., for plaintiff. Judith Bartnoff, Sp. Asst. U.S. Atty., Washington, D.C., for defendant. MEMORANDUM OPINION AUBREY E. ROBINSON, Jr., District Judge. This case is on appeal from the United States Bankruptcy Court for the District of *141 ...
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MEMORANDUM OPINION AND ORDER This case was commenced by plaintiff Ford Motor Company against two insurers for payment on claims allegedly due and owing to plaintiff. Ford alleges that Automobile Transport, Inc., a common motor carrier, was insured by defendant insurers against legal liability incurred by ATI in the transport of goods. Ford alleges that it delivered goods to ATI for shipment and...
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12 B.R. 147 (1981) FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF LITTLE ROCK, Plaintiff, v. Arch P. PETTIT and Ida Marie Pettit, f/d/b/a Archangel Corporation, La Pettit Roche, Quapaw Quarter Shops and Enerkleen, Defendants. No. LR-C-80-507. United States District Court, E.D. Arkansas, W.D. March 27, 1981. Cyril Hollingsworth, Davidson, Plastiras, Horne, Hollingsworth & Arnold, Little Rock,...
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JUDGMENT This is an appeal to this Court from a decision of the bankruptcy court approving the foreclosure by the appellee of its deed of trust on all of the property of the debtor corporation. The unsecured creditors of the bankrupt amount to more than $2,600,000. There are more than two million dollars of unsecured debts against this bankrupt company. The bankrupt has lost over a million dollars...
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MEMORANDUM AND ORDER Albert Shepherd, an employee of the School District of Philadelphia, had authorized his employer to make periodic deductions from his salary and to pay the money to the Public School Employees Credit Union. After Mr. Shepherd filed a Chapter 13 case under the Bankruptcy Code, the employer, unaware of the bankruptcy filing, continued the payroll deductions, and paid more tha...
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OPINION AND ORDER Present before the Court is a motion filed by the trustee of debtor San Juan Hotel Corporation, Mr. Héctor M. Rodriguez Estrada, entitled Motion to Dismiss Appeal or Remand. Appellants, Rodríguez-Ramón, *155Peña and Cancio; and Meléndez, Rey and Rodríguez Bigas, filed an opposition to trustee’s motion, and trustee replied to said opposition. Trustee alleges that if appellants wi...
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An appeal has been taken by the Massachusetts Electric Co. (MEC) from an injunction and order of the bankruptcy court fixing adequate assurance pursuant to 11 U.S.C. § 366(b). The order appealed from states, in part: FOUND that based upon the evidence submitted by Massachusetts Electric Company and based upon the fact that Massachusetts Electric Company would have a claim for an expense of admi...
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ORDER ON CONFIRMATION OF PLAN At the hearing held by the Court on confirmation of the jointly proposed Chapter 13 plan of William and Shelia Breckenridge, husband and wife, Avco Financial Services Loan, Inc. and Avco Financial Services of Ohio, Inc. (“Avco”) filed an objection to confirmation of the plan. The objection was premised on the alleged failure of the debtors to propose their Chapter ...
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12 B.R. 160 (1981) In re OAHU CABINETS, LTD., Debtor. Bankruptcy No. 80-00266. United States Bankruptcy Court, D. Hawaii. February 26, 1981. *161 David M. Louie, Honolulu, Hawaii, for Landlord. Steven Chung, Honolulu, Hawaii, for debtor. FINDINGS OF FACT AND CONCLUSIONS OF LAW JON J. CHINEN, Bankruptcy Judge. The issue before this Court is whether or not, in the instant case, the Landlord is ent...
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MEMORANDUM OPINION The matter presently before the Court is the complaint of Equibank for relief from the automatic stay pursuant to section 362 of the Bankruptcy Code, 11 U.S.C. § 362. Equibank alleges that it is the assignee of a valid security interest in certain roofing equipment (plaintiff’s complaint, exhibit A) which was granted to Western Reserve Leasing Company (hereinafter calle...
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ORDER The above-styled proceeding was commenced on March 24, 1981, by the plaintiff’s Complaint to Avoid Section 522 Lien. On May 26, 1981 the plaintiff filed a Motion for Summary Judgment. No memorandum of law citing supporting authorities accompanied said motion as required by Local Rule 91.1 of the Local Rules for the District Court for the Northern District of Georgia. Without a memorandum of ...
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ORDER This matter coming on to be heard upon the Complaint of Utility Stationery Stores, Inc., Debtor-in-Possession, to avoid as preferences within the meaning and purview of § 547(b) of the Bankruptcy Code certain payments made to the above-named Defendants, and to recover the payments pursuant to § 550(a) of the Bankruptcy Code, and upon Defendants’ Answers thereto, and these proceeding...
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OPINION On September 26, 1980 an involuntary petition praying that an order for relief be entered against Harvey Goldberg under Chapter 7 of the Bankruptcy Code was filed by the Lawyers Title Insurance Corporation (hereinafter L.T.I.C.), the Commonwealth Title Insurance Company, and the Chicago Title Insurance Company (hereinafter C.T.I. C.), the plaintiff herein. The involuntary pet...
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MEMORANDUM OPINION The matter presently before the Court is the complaint of Ralph A. Veon, Inc. (hereinafter called “Veon”), debtor-in-possession pursuant to Chapter 11 of the Bankruptcy Code, seeking a determination as to the ownership of certain bearer bonds totaling $200,000. The bonds are presently in the possession of Kenneth P. Simon, Esq., counsel for Veon. Defendants Warren Hinks...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter came before the Court upon the claim of James A. Marksberry, Marks-berry Welding Service, (hereinafter Marks-berry), and the objection thereto filed by debtor, Fisher Holding Company, Inc., (hereinafter FHC). The objection came on for hearing on October 22, 1980, at which both parties were represented by counsel. The Court, having hea...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter is before the Court upon the claim of Korte Bros., Inc., against the debt- or, Fisher Holding Co., Inc., (hereinafter FHC) and the objection thereto filed by another claimant in this cause, Paul A. Tee-garden. The objection came on for hearing on October 22, 1980, and November 17, 1980. Claimant Korte Bros., claimant Tee-garden, and the...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter came before the Court upon the Application for Appointment of Receiver of applicants, Paul A. Teegarden, James A. Marksberry, Jerry F. Embry and Jerry F. Embry, Inc. Hearing on said Application and supplemental motions was held, evidence and arguments thereon were heard on December 5, 1980. The Court, having heard the evidence and argument...
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ORDER The plaintiff, Citizens and Southern National Bank of South Carolina (hereinafter “C&S”), commenced this adversary proceeding against the defendant-debtors, Eugene Jones and Peggy Jones, in order to except a debt from discharge under 11 U.S.C. § 523(a)(2)(A). The debt in issue is evidenced by a note executed on April 11, 1979 which the defendants personally guaranteed. C&S asserts that the ...
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MEMORANDUM ORDER RE “COMPLAINT TO SET ASIDE STAY; TO ALLOW FORECLOSURE; TO RATIFY FORECLOSURE SALE” FILED BY PLAINTIFF, SYLVANIA GUAS-CO This adversary proceeding is before the Court upon the “Complaint To Set Aside Stay; To Allow Foreclosure; To Ratify Foreclosure” filed by the plaintiff, Sylvania Guaseo, seeking (1) an order from this Court lifting the automatic stay provisions containe...
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OPINION San Clemente Estates is a general partnership consisting of Intercoast Real Estate Development Company, Randolf Parks, Inc., a California corporation, and American Land Systems, Inc. On March 27, 1980, an involuntary petition under Chapter 11 of *211 the Code was filed against San Clemente Estates. An order for relief was entered on April 18, 1980. The key asset of the debtor is app...
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DECISION AND ORDER This matter is before the Court for disposition of the plaintiff’s complaint filed December 15, 1980. On February 4, 1981, the Court held a pretrial conference at which counsel for the above defendants failed to attend; consequently, the Court entered the proposed Pretrial Order offered by the plaintiff. This matter was tried on February 26, 1981. The following decision is based...
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MEMORANDUM ORDER DENYING OBJECTION TO CONFIRMATION OF DEBTOR’S MODIFIED CHAPTER 13 • PLAN This matter is before the Court upon the objection of Memphis Bank & Trust Compa *222 ny (“Objector”) to the confirmation of the modified Chapter 13 plan filed by the debt- or, Mary Strong (“Debtor”). After hearing evidence and argument of counsel and consideration of the...
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*227 ORDER ON OBJECTION TO CONFIRMATION BMI Federal Credit Union has filed an objection to confirmation of the Chapter 13 plan proposed by Scott and Paula Hall, alleging that the plan has not been proposed in good faith [11 U.S.C. § 1325(a)(3)] in that it calls for only a nominal or token payment to creditors and has been proposed for the purpose of avoiding the exceptions to discharge in a C...
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ORDER ON MOTION TO WAIVE BOND REQUIREMENT On May 13, 1981, the Chapter 13 debtors, James and Yvonne Korting, filed an application for removal of a certain pending state court action pursuant to the provisions of Rule 7004(a) of the Local Interim Bankruptcy Rules. On June 2, 1981, the debtors filed a motion to waive the bond requirement contained in Rule 7004(b) of such Local Interim Bankruptcy Rul...
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ORDER ALLOWING AMENDMENT TO CLAIM ORDER AUTHORIZING TRUSTEE TO PAY CLAIMS On April 14, 1981, the Peoples Bank of Clio and the Federal Deposit Insurance Corporation as successor to the Southern National Bank, who are creditors in this proceeding, and in other proceedings connected with this case, filed a Petition to amend their Proof of Claim to claim interest accrued after the date of bankruptcy ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a pre-Code arrangement proceeding and the matter under consideration *236 is an objection by the Debtor, T & B General Contracting, Inc. (T & B) to claim No. 82 filed by Ballenger Corporation (Ballenger) and a counterclaim filed by T & B. T & B seeks (o recover,monies allegedly owing to T from Ballenger for e...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION This is a contested discharge proceeding and the matter under consideration is the dischargeability, vel non, of a debt admittedly due and owing to the Plaintiff, Ellis National Bank of Bradenton (the Bank), by Gene and Carol Gunter, (Debtors), the Defendants involved in the above-captioned adversary proceeding. The complaint see...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause is before the Court upon the Complaint To Avoid Preferential/Fraudulent Transfer filed by the Plaintiff herein and upon this Court’s Order of May 7, 1981, setting the cause for trial before the Court on May 27, 1981; and the Court having heard the testimony and examined the evi*246dence presented, observed the candor and demeanor of the witnesses,...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER in controversy is the conflicting claims to a check in the amount of $2,569.67 by John Washburn, the Trustee of the estate and by General Motors Acceptance Corporation (GMAC). It is the contention of GMAC, the Plaintiff who instituted this adversary proceeding, that by virtue of certain provisions of a lease agreement, it is en...
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Memorandum and order Illinois Department of Public Aid, defendant, has moved to dismiss the complaint of Melanie Cohen, trustee, and Felicitas Ramos, debtor, for lack of jurisdiction and failure to state a claim upon which relief can be granted. In their complaint the trustee and debtor seek a turnover of funds IDPA allegedly retained as a setoff against funds Ramos owed IDPA. IDPA argues tha...
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Findings of Fact; Conclusions of Law; and ORDERS, with Memorandum The matter is before the Court on a Complaint to determine dischargeability of federally guaranteed student loans filed by Bankrupt/Debtor against the First Federal Savings and Loan of Fort Dodge, Iowa; the State Bank of Fort Dodge, Iowa; Westmar College of Le Mars, Iowa; and the Department of Health, Education and Welfare,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER REGARDING JURISDICTION AND ABSTENTION The issue before this Court is whether or not this Court should retain jurisdiction over the dispute between Plaintiffs, Mitchell K. Ng and Lou Hon Wing, and Defendant Bernard Pacheco. A hearing was held on May 26, 1981 at which time Connie Meredith represented Mr. Ng and Mr. Wing and Ignacio Garcia represen...
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OPINION The issue common to both of these petitioners is whether their Chapter 13 plans offering minimal payments to their unsecured creditors, the bulk of whom hold student loans, may be confirmed with the at *259 tendant benefits flowing from that confirmation. 1 On December 2, 1980 Reid Scher filed his voluntary petition as an eligible Chapter 13 de...
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MEMORANDÚM OPINION AND ORDER FOR SANCTIONS This action was a Complaint Seeking Turnover Order and for Sanctions for Violation of Automatic Stay. Trial was held before this Court on April 7, 1981, all parties being represented in person and by counsel. Mr. Maurice B. Soltz appeared for the plaintiff, and Mr. James Humphrey for the defendant. After hearing the evidence presented by bot...
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ORDER The trustee’s complaint filed on May 30, 1980 commenced this adversary proceeding to determine the validity, extent and priority of liens. This matter came on regularly to be heard at the duly scheduled hearing held August 8, 1980 in Atlanta, Georgia. Having considered the testimonial and documentary evidence presented to the Court, the arguments and briefs submitted by the parties ...
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OPINION AND ORDER This case involves an issue which has never before been presented to the consideration of this court, namely, the power of the Bankruptcy Court to enter into a divorce proceeding involving two debtors under the provisions of Chapter 13 of the Bankruptcy Code. The facts as they appeared from the pleadings are the following: 1) On February 24, 1981, Rafael Ri-que...
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Lafayette Radio Electronics Corporation (hereinafter “debtor”) filed an order to show cause on July 24, 1980, seeking permission pursuant to 11 U.S.C. § 365(a) to assume a real estate lease (hereinafter “prime lease”) entered into with Jonnet Development Corporation (hereinafter “landlord”), and to sublease the premises to Roa-man’s Stores of Pennsylvania, Inc. (hereinafter “Roaman’s”). A ...
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FINDS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come on to be heard upon an Adversary Complaint filed by Jeanette E. Tavormina, Trustee of the Debtor estate, Natural Interiors, Inc.; the Court having heard testimony and examined the evidence presented, observed the candor and demeanor of the witnesses, considered the pleadings and arguments of counsel, and being otherwise fully advised in t...
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ORDER DENYING MOTIONS TO VACATE ORDER FOR RELIEF AND TO REMOVE TRUSTEE I. On May 5, 1981, debtor moved to vacate the Order for Relief entered on August 5, 1980. The ground of the motion is that the original petition did not comply with 11 U.S.C. § 303(b)(1) which provides that where there are twelve or more holders of claims, an involuntary bankruptcy can be commenced by three or mor...
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ORDER RELIEVING TRUSTEE During a hearing on debtor’s motion to remove the trustee, it became evident to the Court that there is a bitter feeling of enmity by the debtor against the trustee in bankruptcy. The debtor is convinced that the trustee cannot be trusted and refuses to cooperate. The trustee, Jeri Coppa, is the wife of the deputy district attorney who prosecuted debtor in a criminal cas...
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ORDER ON MOTION This matter having come on for hearing upon the Motion of James P. Martin to Consider Alternatives to Disabled Debtor’s Presence at First Creditors Meeting; due notice of said hearing having been given; Now, therefore, the Court finds, concludes and orders as follows: *320 FINDINGS OF FACT The debtors filed their joint voluntary petition under Chapt...
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OPINION AND ORDER This cause comes on for decision upon the pleadings in nineteen separate cases 1 which *324 have been consolidated for trial because all of them raise the question of the constitutionality of Section 522(f) of the Bankruptcy Code. 2 In each case, except one, one of the parties is a consumer debtor (usually spouses as joint debtors) and ...
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MEMORANDUM OF DECISION All of the above cases involve the Trustee’s objections to the Debtors’ claims of exemptions which raise one or both of the following common questions. The first is whether, if one spouse claims a homestead exemption pursuant to Cal.Civ.Code §§ 1237 et seq. (hereinafter CC §§ 1237 et seq.) or a dwelling house exemption pursuant to Cal. Civ.Code...
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OPINION GRANTING INJUNCTION On May 20, 1981, the Plaintiff, Debtor in this proceeding, filed a Complaint seeking an Order restraining and enjoining the Defendants from proceeding with criminal prosecution in the District Court of Coffee County, Alabama, Case No. DC 81-148 and Case No. 81 — 149, for the issuance of worthless checks in the amount of $1,630.00 given for a disc harrow purchased on ...
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MEMORANDUM The remaining issue to be resolved in this adversary proceeding is the appropriate *365 measure of relief to be afforded a creditor when a debt is excepted from the discharge under 11 U.S.C. § 523(a)(2)(A) for obtaining money, property, services, or an extension, renewal, or refinance of credit, by— . (A) false pretenses, a false representation, or actual...
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MEMORANDUM This matter is before the court upon the summary judgment motions of the parties seeking a determination of whether the plaintiff bank is entitled to relief from the automatic stay of 11 U.S.C. § 362(a) for the purpose of asserting a right of setoff under 11 U.S.C. § 553. There is no factual dispute. On March 17, 1978, Commerce Union Bank [hereinafter, the Bank] issued to ...
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MEMORANDUM Introduction The defendant, North American Van Lines, is a trucking company doing business in most of the United States. North American regularly sells trucks to drivers who then lease the trucks to it. If a truck is sold on credit, North American retains a security interest. To perfect its security interest North American follows a peculiar course of action. It keeps ...
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*388 FINDINGS OF FACT AND CONCLUSIONS OF LAW This Cause came to be heard upon Plaintiff’s Complaint to obtain declaratory relief and to avoid transfers and was tried by the Court on March 10 and May 26, 1981. The Court, having heard the testimony and examined the evidence presented, having observed the candor and demeanor of the witnesses, having considered the arguments of counsel, and being...
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*391 MEMORANDUM OPINION Kenney’s Franchise Corporation (Debtor) and Donald W. Huffman, Trustee for the Debtor in this Chapter 11 case filed Complaint in this Court seeking recovery from the Defendant, Central Fidelity Bank (Bank) or (Defendant), of the sum of $12,-077.81 claimed to be improperly held by the Defendant as the result of a “freeze” of a checking account of the Debtor...
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ORDER ON OBJECTION TO CONFIRMATION The Ohio State University Student Aid Accounting Office (“Ohio State”), a creditor of the Chapter 13 debtors, has objected to confirmation of the debtors’ jointly proposed plan on the basis that it purports to give preference to a certain class of unsecured creditors contrary to the standard set forth in § 1322(a)(3) and (b)(1) of the Bankruptcy Code. Ohio Sta...
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ORDER This case raises serious questions about the efforts of Trust Company Bank (“Bank”) and its counsel, John W. Bland, Jr., to collect a debt in violation of the automatic stay and the order of discharge. A contempt hearing was held on January 26, 1981, and after hearing evidence and oral argument, the court makes the following findings of fact and conclusions of law. FINDINGS OF ...
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MEMORANDUM AND ORDER CONCERNING THE TRUSTEE’S MOTION TO CONVERT THE CASE FROM CHAPTER 11 TO CHAPTER 7 The trustee filed a motion on April 9, 1981 to convert the voluntary petition of K. C. Marsh Co., Inc. from a Chapter 11 case to a case under Chapter 7 of the Bankruptcy Code. 11 U.S.C. § 101 et seq. Hearings on the motion were heard on May 11, June 1, and June 15, 1981. The trustee has filed s...
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DECISION The facts in this case are as follows: On May 20, 1980, debtors purchased a 1980 Mercury Bobcat automobile from Roskopf Ford Mercury Inc. under a Wisconsin automobile retail installment contract. The contract provided for 48 monthly installments of $121.20 commencing June 29, 1980. Payments were made in accordance with the contract until November 29, 1980 when debtors failed to make ...
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MEMORANDUM AND ORDER RE: COMPLAINT BY TRUSTEE TO COMPEL TURNOVER OF PROPERTY TO THE ESTATE' I.Background 1. The plaintiff is the trustee of R. Pur-beck & Associates, Ltd. (corporation), the debtor in the above captioned case which was commenced with the filing of an involuntary petition under Chapter 7 on April 16, 1980. The defendant is the president and a stockholder of the corpora...
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DECISION AND ORDER The parties to this proceeding, formerly husband and wife, were divorced in proceedings before the circuit court of Washington County. On April 3, 1980, the circuit court ordered Yvonne Geiger to pay Jerome Geiger the sum of $10,223, and as security awarded him a lien on real estate located in Germantown, Wisconsin. On July 28, 1980, Mrs. Geiger filed a petition for relief un...
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By a complaint filed on April 19, 1979, the trustee seeks a judgment directing the surrender and turnover by the First National Bank of Long Island (“the bank”) of all funds held by the bank in a so-called “Keogh account” in the name of the bankrupt, Luigi Baviello. The bank and the bankrupt filed answers which deny the material allegations of the complaint. The bank’s answer also alleges that ...
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MEMORANDUM OPINION This matter came on for hearing on June 18, 1981, upon the complaint of Philip H. Schwarz, plaintiff, and attorney for the former spouse of the defendant, Steven Gerard Rank. The plaintiff, of the firm, McMullin, Wilson & Schwarz, appeared pro se. The defendant was represented by Joe Don Butcher, of Lawrence E. Tittle, Professional Corporation. FINDINGS OF FACT ...
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12 B.R. 421 (1981) In the Matter of Robert CURRY fdba Mockusknott Auto Repair and Judy Curry, Debtors. FIRST NATIONAL BANK IN FT. MYERS, Plaintiff, v. Robert CURRY and Judy Curry, Defendants. Bankruptcy No. 80-1950. United States Bankruptcy Court, M.D. Florida, Tampa Division. July 1, 1981. *422 Gordon R. Duncan, Fort Myers, Fla., for plaintiff. Alfred E. Johnson, North Fort Myers, Fla., for debt...
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OPINION The issue at bench is whetheh a judicial lien and a nonpossessory, nonpurchase-mon-ey security interest in household goods, both of which arose prior to the enactment date of the Bankruptcy Code (“the Code”), may *426be avoided by the debtors pursuant to § 522(f) of the Code. We conclude that § 522(f) is constitutional as applied to pre-enactment liens and the debtors may therefore avoid t...
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MEMORANDUM OPINION The problem confronting us arises on an application of the debtor for an order permitting it to submit additional evidence on the issue, presently before us, of whether we should direct the debtor to produce a document allegedly protected by the attorney-client privilege. We conclude that the debtor should be permitted to submit such additional evidence on that issue. The facts ...
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MEMORANDUM OPINION We are confronted by the constitutional issue of whether a judicial lien which arose prior to the enactment date of the Bankruptcy Code (“the Code”) may be avoided by the debtors pursuant to § 522(f) of the Code. We conclude that § 522(f) is constitutional as applied to the lien herein and the debtors may, therefore, avoid it pursuant to that section. The facts of the instant ca...
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MEMORANDUM & ORDER By an application dated September 12, 1979 Eagle Clothes, Inc. (Eagle) seeks leave of this Court to file an amended answer to a motion filed on April 10, 1978 and originally answered on May 1, 1978. After review of the transcripts of the hearings held on November 20 and December 12, 1979, of the history of this proceeding and of the relevant law under Rule 15 of the Federal Rul...
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MEMORANDUM OF DECISION At Des Moines, in the Southern District of Iowa, on the 2nd day of July, 1981. On the 10th day of October, 1980, the State of Iowa filed a complaint in this case seeking a determination whether a debt due the State of Iowa is dischargeable. The interested parties have agreed to the facts. A decree of dissolution of marriage filed in the state District Cour...
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OPINION This case presents several questions regarding the exemption and lien avoidance provisions of 11 U.S.C. § 522 (1979). 1 Two of those issues: 1) whether a confessed judgment is a security interest under the Bankruptcy Code; and 2) whether 11 U.S.C. § 522(f)(1) is unconstitutional as applied to judicial liens created before the enactment date of the Bankruptcy Code, have ...
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DECISION ON COMPLAINT OBJECTING TO DISCHARGE UNDER § 727(aX2) This adversary proceeding, commenced by Baltic Linen Co., Inc., seeks to bar the discharge of Richard Rubin, the debtor-defendant herein, pursuant to § 727(a)(2) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 e£ seq. (the Bankruptcy Code). Plaintiff alleges that the debtor, with intent to hinder, delay, or def...
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OPINION The issues before the court are: (1) whether a confession of judgment contained in a welfare reimbursement agreement constitutes a judicial lien on the real property of the debtors and (2) if the confession of judgment constitutes a judicial lien, whether considerations of federalism preclude the application of § 522(f) of the Bankruptcy Code to such a lien held by the Pennsylvani...
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12 B.R. 448 (1981) In the Matter of BRISTOL CONVALESCENT HOME, INC., Debtor. BRISTOL CONVALESCENT HOME, INC., Plaintiff, v. INTERNAL REVENUE SERVICE Edward W. Maher, Commissioner, Department of Income Maintenance, State of Connecticut, Defendants. Bankruptcy No. 2-81-00624, Adv. No. 2-81-0331. United States Bankruptcy Court, D. Connecticut. July 7, 1981. Jerome E. Caplan, Hartford, Conn., for pla...
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MEMORANDUM DECISION AND ORDER FINDINGS OF FACT Eugene Allen Kleinsasser, d/b/a D & E Trucking, hereinafter Debtor, is in a Chapter 11 bankruptcy. International Harvester Company and International Harvester Credit Corporation, hereinafter Creditors, seek relief from the automatic stay to foreclose their security interest in seven trucks. The Complaint was filed on March 13, 1981, and ...
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An order denying the complaint filed by Associates Financial Services Company of Ohio, Inc., hereinafter referred to as Associates, to determine that the debt due Associates from Randy Michael Lane and Leeotia Magdaline Lane, hereinafter referred to as debtors, was nondischargeable under 11 U.S.C. Section 523(a)(2), was entered by this Court on April 22, 1981. 10 B.R. 701. An application f...
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MEMORANDUM AND ORDER The facts of the instant case are as follows. 1 The debtor, Brendern Enterprises, Inc., is a corporation engaged in the business of selling audio equipment through various retail stores. Defendant, Micro-Acoustics Corporation (“Micro”), manufactures audio equipment to be sold to consumers through numerous retail outlets, including those operated by the debt...
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ORDER DENYING MOTION TO REOPEN Heard on the motion of Stratoflex, Inc. to reopen the Debtor’s bankruptcy estate to allow Stratoflex to file a complaint to determine the dischargeability of a debt allegedly owed it by the Debtor. The Debtor filed a Chapter 7 petition in this Court on September 30, 1980, listing Stratoflex as a creditor in Schedule A-3. Creditors were notified by mail on Octobe...
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OPINION The issue before the court is whether the security interest asserted by the plaintiff, Kroehler Manufacturing Co. (Kroehler), is valid and enforceable against the proceeds of the trustee’s sale of debtor’s inventory. The court concludes that the alleged security interest is not valid.1 *463The defendant in this case is Tip Top Furniture Co., Inc. (Tip Top) which is the debtor in a Chapter...
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Heard on the complaint of Amelia Joyce to have certain claims against the Defendant, attorney for Landlord Eviction Service (a self-help eviction service), declared non-dischargeable under §§ 17(a)(2) and 17(a)(8) of the Bankruptcy Act, 1 11 App.U.S.C.A. §§ 35(a)(2), 35(a)(8) (1979). By agreement, that hearing was confined to the issue of the dischargeability of said claims, with a separate hea...
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ORDER GRANTING MOTION FOR REMAND On May 7, 1981, debtor applied under 28 U.S.C. § 1478 to remove First National Bank of Nevada v. Johnie T. Patton and Jane K. Patton, pending in the Second Judicial District Court of the State of Nevada, to this Court. First National Bank (FNB) moved to remand upon the grounds (1) this Court is without jurisdiction of the matter, and (2) the mov...
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OPINION In 1973, pursuant to Section 322 of the Bankruptcy Act of 1898, 11 U.S.C. (1976 ed.) § 722, the debtor, The Stratton Group, Ltd. (hereinafter known as Stratton) filed its Chapter XI petition with this court. On July 28, 1975, an order was entered confirming the plan proposed by Stratton and accepted by its creditors. That plan provided that unsecured creditors would receive 3...
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MEMORANDUM RE DISCHARGEABILITY OF A DEBT On November 25, 1977, the plaintiff, Household Finance Corporation, filed a complaint seeking a determination by this Court that pursuant to Section 17(a)(2) of the Bankruptcy Act, 11 U.S.C. § 35(a)(2), a debt owed to it by the defendant/bankrupt, Errol G. Duplessis (the “bankrupt”) is non-dischargeable. The plaintiff alleges that the bankrupt, through the ...
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ORDER DENYING MOTION TO DISMISS Defendant moved to dismiss this adversary action upon the ground that defendant’s Chapter 11 reorganization proceeding was dismissed while this action was pending and, inasmuch as no appeal was taken from the dismissal, the order became final, and the Court no longer had jurisdiction of this case. Lake Tahoe Land Company, Inc., (Tahoe) filed a petition...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On January 27, 1981, plaintiff filed an adversary action for relief from the automatic stay (11 U.S.C. 362) and assumption or rejection of an unexpired lease (11 U.S.C. 365). Defendant answered and moved for summary judgment. On May 15, 1979, plaintiff and defendant entered into a partnership agreement forming R-T Enterprises. The purpose of t...
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ORDER CONSOLIDATING THE ABOVE ADVERSARY ACTIONS FOR THE PURPOSE OF DETERMINATION AND FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT DENYING THE PLAINTIFF’S COMPLAINTS FOR TURNOVER ORDERS EXCEPT WITH RESPECT TO THE SUM OF $123.97 IN THE COMMUNITY BANK OF CHIL-LICOTHE AND THE SUM OF $26.53 FROM THE DEFENDANT LAWRENCE MITCHELL ANDERSON A former trustee in bankruptcy has brought fou...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Garnishment was begun prior to bankruptcy. Garnishor and Garnishee knew of *492 the bankruptcy one day after bankruptcy was filed. Essentially, both continued as if no bankruptcy had been filed. Debtor sought aid of Bankruptcy Court, and herein both are found to be in violation of the automatic stay and required to pay attorney’s fees t...
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STATEMENT OF FACTS Debtor Maurice S. Turner (Defendant) filed a petition under Chapter 7 of the Bankruptcy Code on December 21, 1979. On February 28, 1980, Margaret H. Thomas (Plaintiff) filed an adversary proceeding objecting to the discharge of Defendant’s debt to her. The Plaintiff alleges that the Defendant fraudulently promised to marry her and thereby induced her to lend $31,300.00 ...
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MEMORANDUM OPINION AND ORDER Plaintiff, Savers Investment Corporation (Savers) seeks judgment against the Defendant, Clive R. Hallman, Jr. upon a debt alleged to be nondischargeable pursuant to § 17(a)(2) of the Bankruptcy Act of 1898. Savers, filed this Complaint, however, the real party in interest is the malpractice insurance carrier of one James Beach, Esquire, a Georgia ...
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MEMORANDUM DECISION Eugene William Fredrickson and Lillian Irene Fredrickson, hereinafter Debtors, filed a complaint to avoid a lien under 11 U.S.C. § 522(f). Household Finance Company, hereinafter Creditor, filed an Answer to Debtors’ Complaint. A trial was held on Debtors’ Complaint, and the Court heard testimony and oral arguments from Counsel. The parties stipulated to the facts and t...
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OPINION AND DECISION This is an action by Michael A. Robb and Barbara I. Robb objecting to both the general discharge of the debtors and the dis-chargeability of their claim against debtors. On June 30, 1978, plaintiffs sold their interest in Paint World, Inc., to defendants for $10,000.00. Defendants paid $4,000.00 in cash and signed a note for the balance of the purchase price. A s...
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MEMORANDUM OPINION AND ORDER Debtor has filed a Chapter 13 proceeding, scheduling his former wife as a creditor holding a disputed debt. The issue, raised in an adversary proceeding, is whether the award made to her by the Circuit Court of Webster County, Missouri, in a proceeding for dissolution of marriage is a dischargea-ble debt. An evidentiary hearing was held. Creditor now proposes ...
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OPINION AND ORDER An application for interim compensation filed by Kenneth J. Doran, attorney for the debtor, was heard on July 9, 1981. Trustee, Michael E. Kepler, appeared and objected to the allowance of the portion of attorney’s fees sought which were incurred in connection with defense of an objection to the dischargeability of a debt filed pursuant to 11 U.S.C. § 523 by Walnut Grove...
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Janice Quinlan filed a chapter 13 petition on August 26, 1980. Her 100 percent payment plan was confirmed on October 6, 1980. The plan’s terms include payments to Banco Mortgage Company, the holder of a first mortgage on the debtor’s home. The payments were to be paid directly to Banco rather than through the chapter 13 trustee. The debtor unreasonably failed to make payments due to Banco after...
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Memorandum Opinion on Motion to Dismiss The matter before the court is a motion to dismiss a complaint brought by a Chapter 11 debtor in possession to recover alleged preferential transfers made by the plaintiff to the defendant. Diversified World Investments, Ltd. (hereinafter referred to as Diversified) agreed to purchase a Boeing aircraft from Omni International, Ltd. (hereinafter...
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DECISION ON MOTION OF CHAPTER 13 TRUSTEE FOR AN ORDER DISMISSING CHAPTER 13 PROCEEDING. The issue for determination in this Case is whether or not a mom and pop retail store can be administered under the aegis of Chapter 13 of the current Bankruptcy Code. The store was originally operated by mom before she married pop and is now operated mainly by pop while mom stays home with the two children ...
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12 B.R. 522 (1981) In the Matter of The FURNITURE DEN, INC., Debtor. Joseph A. CHRYSTLER, Trustee, Plaintiff, v. MERSMAN TABLES, INC., Defendant. Bankruptcy No. HK 80 01040, Adv. No. 80 0638. United States Bankruptcy Court, W.D. Michigan. July 14, 1981. *523 Joseph A. Chrystler, Kalamazoo, Mich., trustee, plaintiff. David Davidoff, Kalamazoo, Mich., for trustee. David C. Myers, Grand Rapids, Mich...
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OPINION On March 20, 1981, Anthony M. Bentley (debtor) filed a petition under Section 301 of the Bankruptcy Reform act of 1978 (Code) for the relief afforded by Chapter 11. 11 U.S.C. §§ 1101 et seq. 1 On April 2, 1981, this debtor began this adversary proceeding, Bankruptcy Rule 701(1), 411 U.S. 1068, 2 by filing a complaint, Rule 703, seeking to recover...
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12 B.R. 533 (1981) In the Matter of Robert W. LYNCH and Susan M. Lynch, Debtors. Bankruptcy No. MM13-81-00580. United States Bankruptcy Court, W.D. Wisconsin. July 14, 1981. Roy L. Prange, Ross & Stevens, S.C., Madison, WI, for First Wisconsin National Bank of Madison. J. Thomas Haley, Madison, WI, for debtors. Stephen C. Beilke, Kuemmel & Beilke, S.C., Madison, WI, for Thorp Finance Corp...
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*539 MEMORANDUM OPINION AND ORDER The adversary proceeding in this case concluded with the issuance of a Memorandum Opinion and an Order both dated January 7, 1981. 8 B.R. 397. In the original complaint the Plaintiff, National Agents Service Company, Inc. (NASCO), urged that the debt be declared nondischargeable pursuant to 11 U.S.C. § 523. Under § 523, a debt is nondischargeable if, inter a...
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12 B.R. 540 (1981) In re Forrest W. ADAMS, Debtor. Bankruptcy No. 80-00970. United States Bankruptcy Court, D. Utah. July 15, 1981. Rulon R. Price, Salt Lake City, for debtor, Forrest W. Adams. Don E. Olsen, Salt Lake City, for creditor, Ruth R. Adams. *541 RALPH R. MABEY, Bankruptcy Judge. The issue arising in this case concerns the extent of "property of the estate" in a Chapter 13 case. Where ...
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OPINION The Debtor, Francis Trewyn, d/b/a Frank’s Service, entered into a contract with Daniel Long, Jr., to replace Long’s home’s flat roof with a hipped roof for $7,200 in February of 1979. Long made an initial payment of $5,200. Pursuant to that contract, Trewyn removed a portion of Long’s roof. Trewyn never completed the roof replacement. Long commenced an action in Rock County Circui...
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*549 MEMORANDUM Plaintiff, Climax Molybdenum Company (Climax), has filed a complaint against the Debtor and others seeking to recover $61,-628.03 alleged to be held in trust by the Defendants. The facts are largely. undisputed. Climax owns and operates a large mine in Lake County, Colorado. The mine consists of a large open pit, a tailings pond, numerous warehouses and build...
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*556 MEMORANDUM OPINION On March 18, 1980 Richton International Corporation (International), Richton Jewelry Company, Inc., (Jewelry) and Richton Sportswear, Inc., (Sportswear) each filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. Pursuant to the provisions of Section 1108 of the Code each Debtor has continued to operate its business. On April 10, 1980...
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On July 1, 1977, an involuntary petition in bankruptcy was filed against Adela L. Holzer and on August 11, 1977, the alleged bankrupt was adjudicated. Plaintiff in the present action is the trustee1 in the bankruptcy of the estate of Adela L. Holzer. Defendant Anuncia Hardt, is an individual *560from whom the trustee seeks to recover the amount of $12,000 plus interest from June 9, 1977, constitut...
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On February 21, 1974, Gregory Manning, the plaintiff, filed a complaint in the United States District Court for the Southern District of New York (the “1974 complaint”) alleging that Ralph T. Iannelli, the bankrupt, and Pressman, Frolich & Frost, Inc. (“Pressman”) 1 had violated the Securities Act of 1933, and the Securities Exchange Act of 1934 by inducing Manning to deliver $22,000...
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MEMORANDUM AND ORDER Debtors, Billy W. Poteet and Rebecca A. Poteet, filed petition for order for relief pursuant to Chapter 7 of Title 11, United States Code, on August 26, 1980. During the two month period immediately preceding the filing of the petition the debtors made an unusual amount of purchases with VISA cards which Ranier Bank had issued to them approximately ten years earlier. ...
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ORDER ON PRIORITY CLAIM OF BROOKS SUPERMARKET, INC. Missionary Baptist Foundation of America, Inc. (“MBFA”) filed petition for order for relief under Chapter 11 of Title 11, United States Code, on October 15, 1980. The final prepetition payroll issued by the debtor failed to clear the bank account, resulting in $185,649.79 in unpaid payroll checks outstanding at the time the petition was ...
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AMENDED MEMORANDUM DECISION Pursuant to a memorandum decision issued by the Court, judgment was entered in this case on December 5, 1980. On December 15, 1980, the plaintiff, Borg Warner Acceptance Corporation (Borg Warner), filed a Motion to Alter or Amend the Judgment. The Court’s findings of fact are not brought into question. Rather, the motion contends there has been a misapplication of th...
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DECISION The debtor, a medical doctor, filed his chapter 13 petition on October 29, 1979. Without objection from creditors or the trustee, and due to circumstances generally beyond the control of the debtor, the case continued on until March 31, 1981 when an order of confirmation was finally entered. 1 *580 On June 15, 1981, debtor filed this adversary proceeding ask...
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MEMORANDUM OPINION On May 29, 1981, Markim, Inc. (“the debtor”) filed a petition for a reorganization under chapter 11 of the Bankruptcy Code (“the Code”) and, on June 25, 1981, filed a complaint against JLG Industries, Inc. (“JLG”) seeking an injunction and damages for the refusal of JLG to sell repair and replacement parts to the debtor for JLG equipment previously bought by the debtor. In it...
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12 B.R. 585 (1981) In re John H. BURKHOLDER and Carol Ann Burkholder, husband and wife, jointly and individually, Debtors. John H. BURKHOLDER and Carol Ann Burkholder, Plaintiffs, v. AVCO FINANCIAL SERVICES CONSUMER DISCOUNT, Defendant. Bankruptcy No. 80-00303T(7), Adv. No. 80-0219. United States Bankruptcy Court, E.D. Pennsylvania. July 17, 1981. *586 Jacques H. Geisenberger, Jr., Lancaster, Pa....
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DECISION ON ORDER TO SHOW CAUSE FOR AN ORDER DIRECTING DEBTOR TO EXECUTE RIGHT OF ELECTION Crucial to the resolution of the conflict in this case is whether or not a distinction should be drawn between property rights of a debtor that pass to a trustee in bankruptcy under Code § 541 and personal rights of a debtor which may or may not be exercised by him as he sees fit. The trustee in ban...
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ORDER This matter comes before the Court on a petition for order authorizing abandonment and granting of relief from automatic stay filed by International Harvester Credit Corporation, a secured creditor of the debtor herein. Movant seeks the abandonment of a 1979 International Scout Truck (Manufacturer’s I. D. No. J0062JGD28305) and for relief to be granted from the automatic stay imposed by 1...
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MEMORANDUM AND DECISION An action has been commenced by the plaintiff, Lincoln First Bank, hereinafter referred to as “Lincoln”, against the debtor to have his debt to Lincoln declared nondis-chargeable on the basis of false financial statements. The debtor defaulted on his pretrial appearance and the plaintiff was granted a default but was required to submit proof. The debtor after his default...
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ORDER AND MEMORANDUM OPINION The above captioned complaint having come on for hearing for trial on the merits, and the United States of America, J. C. Baldridge Lumber Company, Colortile Supermarts, Inc., House of Carpets, Inc. and Plasco, Inc., Western Bank, and Madrid Manufacturing, Inc., all being represented by their respective counsel in this matter, and the Plaintiff being represented by ...
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MEMORANDUM OF DECISION At Des Moines, in the Southern District of Iowa, on the 20th day of July 1981. On the 10th day of November, 1984, Iowa Premium Service Co., Inc., plaintiff, filed a complaint to avoid a preferential transfer pursuant to 11 U.S.C. § 547. The First National Bank of St. Louis, defendant, filed its answer on December 15, 1980. On the 9th day of January, 1981, the parties submit...
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OPINION The issue before us is whether a secured creditor is entitled to a prepayment penalty *601 and attorney’s fees out of the proceeds of the trustee’s sale of the property of the debtor in which the creditor had a security interest. We conclude that the secured creditor is not entitled to the prepayment penalty under the terms of its contract with the debtor. However, if properly proven,...
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Memorandum Opinion on Motion for Summary Judgment This opinion concerns a motion for summary judgment in an adversary proceeding brought by a creditor objecting to the claim of exemptions filed by a debtor in a Chapter 11 proceeding under the Bankruptcy Code.1 Sidney L. Born is an individual debtor in a Chapter 11 proceeding currently pending before this court. Mr. Born filed a list of exemptions ...
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MEMORANDUM OPINION CONFIRMING PLAN This matter came on for hearing on June 16, 1981, on the objection of Emporia State *606 University (ESU) to the confirmation of debtor’s Chapter 13 plan. ESU appeared by and through T. L. Green, Assistant Attorney General for the State of Kansas. Debtor appeared by and through her attorney, Thomas M. Mullinix. The trustee, Joseph H. McDowell, appeared in pe...
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OPINION The present proceedings concern the complaint of Miners National Bank of Pottsville [hereinafter, the Bank], which seeks relief from the automatic stay imposed by 11 U.S.C. § 362(a) (1979). 1 For reasons hereinafter given, we conclude that the stay should not be modified. In June of 1978, the debtors (along with other individuals not parties to this proceeding) executed a promissory...
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MEMORANDUM AND ORDER The facts herein are not in dispute. Paul Ballou, debtor herein, and his wife filed a joint income tax return for the year of 1980, but had not received any refund on the date of filing of his petition on January 12, 1981. The debtor earned 100% of the family income during 1980. His wife was a housewife, otherwise unemployed. The § 341 meeting was held on March 12, 1981, ...
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MEMORANDUM OPINION Statement of the Case This adversary proceeding was commenced by Plaintiff’s Complaint alleging a security interest in the defendant-debtor’s homestead and requesting an order from this Court lifting the automatic stay regarding Plaintiff’s pending foreclosure action thereon in state court. In response to Plaintiff’s Complaint Defendant filed a Cross-Complaint ...
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OPINION The court issued an opinion herein on October 3, 1980, with respect to the status of the entry of the bankrupt’s discharge. This opinion is issued to detail the specific allegations with respect to various transactions alleged to have been committed by the bankrupt as being fraudulent, i. e., made with intent to hinder, delay or defraud creditors, and to indicate the applicable provisio...
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BANKRUPTCY OPINION This is an appeal from the order of the Bankruptcy Court, John J. Galgay, Bankruptcy Judge, dated June 18, 1980, denying the motion of defendant, Banco Urquijo, S.A. (Banco Urquijo), to dismiss Counts 2 and 3 of the complaint filed by Sidney Danziger, Trustee in Bankruptcy (Trustee) of Roscar Steel Scrap and Metals Corporation (Roscar). Banco Urquijo contends that the decisio...
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MEMORANDUM Introduction This action is an appeal by creditor, Cement National Bank, from an Order of Bankruptcy Judge Twardowski dated May 23, 1980, discharging the debts of Anthony Colasante, M.D., and Jean S. Colasante, D.D.S., husband and wife, jointly and severally. The Bank’s principal contention is that the record evidence demonstrates that the debtors, to whom the Ban...
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OPINION This is an appeal by Fidelity Mortgage Investors, debtor in possession (“Debtor”), now Lifetime Communities, Inc., from an order of Bankruptcy Judge Roy Babitt which granted an application of Weil, Gotshal & Manges (“Weil Gotshal” or “petitioner”) the Debtor’s attorneys, made after their fees as attorneys for Debtor had been determined, awarding interest thereon from the date when the Deb...
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12 B.R. 647 (1981) In the Matter of CLAWSON MEDICAL, REHABILITATION AND PAIN CARE CENTER, P.C., a Michigan professional corporation, Debtor. Alexander G. ANDREWS, Trustee, Plaintiff/Appellee, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN and Richard Schwieker, Secretary of the Department of Health and Human Services, Defendants/Appellants. Civ. A. No. 81-71349. United States District Court, E.D. Mich...
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MEMORANDUM OPINION AND ORDER Before the court is a bankruptcy appeal brought by the United States Government growing out of the bankruptcy court’s grant of a preliminary injunction in favor of the trustee for Clawson Medical, Rehabilitation and Pain Care Center, P.C. [“Claw-son Medical” or the “Center”], and against Blue Cross/Blue Shield [“BCBS”], and the Secretary of Health and Human Services. S...
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12 B.R. 654 (1981) In the Matter of James Alfred KULL and Nancy Lee Fawcett Kull, Debtors. GEORGIA RAILROAD BANK & TRUST COMPANY, Appellant, v. James Alfred KULL and Nancy Lee Fawcett Kull, Appellees. In the Matter of Charles E. KITCHENS and Olivia L. Kitchens, Debtors. GEORGIA RAILROAD BANK & TRUST COMPANY, Safeway Finance Co., Inc. of Georgia, and Capitol Credit Plan of Augusta, Appella...
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OPINION These cases have been consolidated for the resolution of an issue common to each: the constitutionality of § 522(f) of the *662Bankruptcy Reform Act of 1978 (“the Code”) as applied to liens created in the period between the enactment of the Code on November 6, 1978, and its effective date of October 1, 1979 (“gap liens”). The other issues in each case will be addressed by the respective j...
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MEMORANDUM OPINION AND ORDER Marion Auto Parts Co., Inc. (Debtor) filed a petition in this Court on October 6, 1976 seeking an arrangement with its creditors under Chapter XI of the Bankruptcy Act. One Donald D. Jones offered to purchase the stock of the Debtor for the sum of $35,000.00. This offer was incorporated in a plan of the Debtor proposed to its creditors, accepted by them, and subsequent...
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ENTRY This cause came on for trial on August 14, 1980. The Court having considered the evidence and the arguments of counsel, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. On May 7, 1980, the Internal Revenue Service assessed withholding and Social Security taxes against the debtor for the first quarter of the year 1980. For said quarter, the d...
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OPINION On February 14, 1980 the debtor herein filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. In the schedules filed by the debtor on February 29, 1980 Elayne Loeber, the plaintiff herein and the former wife of the debtor, is listed as an unsecured creditor having a claim of $75,000.00. Thereafter on April 14,1980 the plaintiff filed a complaint pursuan...
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FINDINGS AND CONCLUSIONS This adversary was tried on the complaint of the trustee to determine the validity and amount of interest of the debtor’s estate in The Tennis Club of Ft. Lauder-dale, Ltd., a Florida limited partnership, and on the answer and supplemental answer of the defendants. *677 The involvement of the debtor, Dennis Drew Burchell, with the facilities operated by The Tennis C...
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MEMORANDUM The issue before this Court is whether Chapter 13 plans proposing no payment to unsecured creditors meet the § 1325(a)(3) requirement of good faith where the debtors desire to pay secured creditors under their plans. Recently, the Eighth Circuit ruled on the validity of a no-payment Chapter 13 plan. In re Terry, 630 F.2d 634 (8th Cir. 1980). In that case, Stuart and Sheila Terry ...
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FINDINGS AND CONCLUSIONS The plaintiff, United Coal Resources (UCR), initiated this adversary case by filing a complaint in five counts seeking (1) damages for an alleged breach of contract, (2) damages for alleged wrongful withholding of property, (3) an accounting for funds that defendants received which allegedly belong to the plaintiff, (4) adjudication of the rights of the parties under the ...
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ORDER ON DEBTOR’S MOTION FOR DISMISSAL Debtor has moved to dismiss her voluntary Chapter 7 petition without prejudice, asserting that she wishes to pay her creditors in full, and has arranged for her father to assist in accomplishing this. The trustee in the case, appointed November 26, 1980 (after the case was filed November 19, 1980), has filed an objection to the motion. In his objection, ...
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FINDINGS AND CONCLUSIONS This action was tried before the court on May 20, 1981 upon Mary Joyce Rogers’ adversary complaint against Donald J. Swanson, the debtor, seeking to have a debt to her excepted from discharge. The operative facts and applicable law are as follows. Mary Joyce Rogers lent Donald J. Swanson $22,500 and as evidence thereof Donald J. Swanson executed and delivered a mortga...
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FINDINGS AND CONCLUSIONS This adversary proceeding in a case filed prior to the effective date of the new Bankruptcy Code, came to trial on the first count of the complaint of Kenneth A. Berdick. Plaintiff objects to the discharge of the *690bankrupt, Donald F. Coester, because of a mortgage given by the bankrupt to his wife on his interest in a house held by the two as a tenancy by the entirety. ...
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12 B.R. 691 (1981) In re Joseph Preston CHARNOCK, Debtor. Bankruptcy No. 81-00313-N. United States Bankruptcy Court, E.D. Virginia, Norfolk Division. June 4, 1981. *692 L. S. Parsons, Jr., Parsons, Berry & Steffen, Norfolk, Va., for Norfolk Fire Dept. Richard S. Harman, Norfolk, Va., for debtor. David R. Levin, Portsmouth, Va., Trustee. ORDER DENYING CONFIRMATION HAL J. BONNEY, Jr., Bankrupt...
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FINDINGS AND CONCLUSIONS This case was tried on the complaint of the debtor, Ernest Pierre, against the New York State Higher Education Services Corporation, to determine the dischargeability of Pierre’s student loan. It is conceded that Pierre is indebted to the defendant for a loan in the principal amount of $4,754, with interest at seven percent, made on or about November 1, 1978. Under 11...
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ORDER DENYING CONFIRMATION Jean Whitfield Perry, the debtor herein, has filed a Chapter 13 petition with a plan that would pay her unsecured creditors twenty-five percent [25%] of their debts. The matter is before the Court, following a hearing, on the confirmation of the plan. The test for confirming a Chapter 13 plan is set forth at 11 U.S.C. § 1325. The Court denies confirmation for the followi...
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FINDINGS AND CONCLUSIONS This matter was tried before this court on the complaint of George Koci against the trustee of this estate, seeking the return to George Koci of $46,400. The facts are essentially undisputed. Debtor, Bengal Trading Corporation, (Bengal) was a commodities futures commission merchant. Pursuant to 7 U.S.C. § 6f, as detailed in the Commodity Futures Trading Commission’s r...
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Barney Schogel, Inc., the debtor-in-possession in this Chapter XI proceeding, 1 seeks an order expunging a claim filed by the Coronis Construction Co., Inc. for $251,-735.45. Coronis contends that its claim “is entitled to priority as it is a cost of administration incurred after the debtor petitioned to reorganize and was permitted to continue in possession of its property.” The con...
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12 B.R. 721 (1981) In the Matter of MARTIN'S POINT LIMITED PARTNERSHIP, Debtor. Bankruptcy No. 80-01019A. United States Bankruptcy Court, N.D. Georgia, Atlanta Division. June 19, 1981. *722 Robert H. Hishon, Atlanta, Ga., for debtor. Theodore Guerard, Sherwood M. Cleveland, Columbia, S.C., for creditor. *723 OPINION WILLIAM L. NORTON, Jr., Bankruptcy Judge. FINDINGS OF FACT The Plan of Reorgan...
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MEMORANDUM At issue in this adversary proceeding is whether the trustee may recover from the defendant goods shipped by the debtor to the defendant one day before the debtor filed a petition in bankruptcy. The trustee contends that the goods were the debtor’s property at the time of shipment; therefore, the trustee is entitled to recover the goods under either 11 U.S.C. § 547(b) 1 ...
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SUPPLEMENTAL MEMORANDUM AND DECISION On March 5, 1981, 9 B.R. 758, this court signed a memorandum and order in this adversary proceeding wherein it permanently enjoined the defendant, Housing Authority of New Haven (Authority) from seeking to enforce a state court execution obtained in connection with a judgment of possession against the plaintiff-debtor, Gwendolyn Elaine Gibbs. The court noted...
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MEMORANDUM ON SALE AND RELATED MATTERS WHET, Inc. originally filed a Chapter 11 in the Bankruptcy Court of the Southern District of New York along with at least one other Chapter 11 involving a Connecticut radio station. In both Chapter ll’s, Anthony Martin-Trigona was the alleged sole stockholder and controlling factor. Venue was challenged and Judge Galgay determined that venue of the C...
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MEMORANDUM AND DECISION This proceeding involves a motion to remand an action to the United States District Court for the District of Connecticut at New Haven, from which court the action has been removed to the United States Bankruptcy Court at Hartford. BACKGROUND On or about April 24, 1980, Circle Litho, Inc. (CLI), a corporation engaged in the business of printing and lithog...
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ORDER OF DISMISSAL THIS IS a pre-Code arrangement proceeding and the matter under consideration is a right of the Plaintiff, R. J. Reynolds Tobacco Company (R. J. Reynolds) to reclaim goods from the Eli Witt Company (Eli Witt), the Debtor. The matter is presented by a Motion to Dismiss filed by Eli Witt which seeks a dismissal of all three Counts of the complaint of R. J. Reynolds. Eli Wi...
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ORDER ON COMPLAINT TO RECOVER MONEY On May 21, 1981, the Plaintiff filed a Complaint against the Defendant seeking to recover money which had been paid by the Debtor to the Defendant, Farmers Home Administration from crops sold by the Debtor. The money is alleged to have been paid to the Farmers Home Administration in satisfaction of its loan and security agreement made to the Debtor for farmin...
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OPINION This adversary proceeding has been brought by The Citizens & Southern National Bank (C&S) to seek determination of the dischargeability of a debt of $5,096.23 owed by Defendant Willie Fred Thomas (Thomas) to Plaintiff. The debt is secured by an automobile. Thomas obtained an automobile loan from C&S on or about September 6, 1978. C&S alleges that Thomas orally informed the bank at...
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MEMORANDUM AND DECISION On April 7, 1981, Gerald P. and Susan M. Nellis, the debtors herein, having previously filed their joint petition commencing a Chapter 7 case on February 27, 1981, filed a complaint requesting that the court avoid the fixing of certain liens upon their jointly-owned residence at 17 Grove Road, Meriden. Connecticut (residence), pursuant to 11 U.S.C. § 522(f). ...
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MEMORANDUM OPINION THIS case is before the Court upon a Complaint for Relief from Stay pursuant to 11 U.S.C. § 1302(c)(2), filed by plaintiff Fidelity Financial Services, Inc. (Fidelity).. The complaint alleges that Fidelity holds a judgment for the sum of $891.69, against debtor/defendant Sofia Leyba and against Robert F. Leyba, cosigner of the promissory note underlying the judgment. Fidelity...
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I INTRODUCTION Plaintiffs, Natalie Shapiro and Harry I. Subin, as trustees and doing business as Arcadia Enterprises (“lessors” or “plaintiffs”), have commenced this adversary proceeding 1 against the substantively consolidated Chapter XI debtors 2 , D. H. Overmyer Co., Inc. (Texas), as lessee of the subject premises (“lessee” or “DHO Texas”) and D. H. Overmyer C...
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FINDINGS OF FACT AND CONCLSIONS OF LAW On June 26, 1981, Pizza of Hawaii, Inc. filed its Complaint, together with a Motion for Temporary Restraining Order and Motion For Preliminary Injunction. This Court granted the Temporary Restraining Order on June 26, 1981. A hearing on the Motion for Preliminary Injunction was held on July 6, 1981, at which time Pizza of Hawaii, Inc. was represented...
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DECISION Heard on the Debtors’ complaint to avoid two judicial liens, and on People’s Savings Bank’s counterclaim opposing the discharge of a debt allegedly owed to the Bank by the Debtors. The Debtors, Ronald and Sheila Guil-mette, are husband and wife. On January 26, 1977, Ronald and his brother, William Guilmette, each applied for separate loans of $8,790 from People’s Savings Bank. Both l...
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INTRODUCTION AND BACKGROUND This case raises the question whether an “equity cushion” is necessary to provide adequate protection under 11 U.S.C. Section 362(d)(1). 1 This Court concludes that it is not. On January 14, 1981, Alyuean Interstate Corporation (debtor), a construction and real estate development firm, filed a petition under Chapter 11 of the Code. On May 4, Ban...
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DECISION The captioned adversary proceeding was instituted by Linda de Bottari (hereinafter “plaintiff”), seeking a judgment adjudging her claim in the sum of $8,614 against Rosario Francis Baiata (hereinafter “debtor”), nondischargeable pursuant to §§ 523(a)(2) (A), 523(a)(2)(B), 523(a)(4), and 523(a)(6) of the Bankruptcy Code. In supplement, plaintiff prays for judgment in the sum of $2...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Two properties owned by Debtors and subject to liens in favor of Finance Factors and the Internal Revenue Service were sold under the jurisdiction of this Court free and clear of all encumbrances, with the liens attaching to the proceeds of the sale. The issue before this Court is whether or not Finance Factors, as the holder of a valid lien on both properti...
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12 B.R. 822 (1981) In re VICTORY PIPE CRAFTSMEN, INC., Debtor. Bankruptcy No. 80 B 11111. United States Bankruptcy Court, N.D. Illinois, E.D. July 16, 1981. *823 Rotman, Medansky & Elovitz, Ltd., Chicago, Ill., for debtor. Swanson, Ross, Hanfling & Block, Chicago, Ill., for 308 W. Randolph Building Venture. ORDER ROBERT L. EISEN, Bankruptcy Judge. Debtor's motion seeks leave to hire an a...
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12 B.R. 824 (1981) In re James Lawrence QUINLAN, Debtor. Ed HILL, Trustee, Plaintiff, v. James Lawrence QUINLAN, Defendant. Bankruptcy No. 81-0109. United States Bankruptcy Court, M.D. Alabama. July 16, 1981. *825 Larry W. Roney, Phenix City, Ala., for plaintiff (trustee). Charles M. Evert, Columbus, Ga., for defendant. OPINION ON COMPLAINT OBJECTING TO THE CLAIM OF HOMESTEAD EXEMPTION; TO VOID S...
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OPINION The issue presently before the court is whether a transfer, made during the period that begins one (1) year before the filing of the bankruptcy petition and ending ninety (90) days before filing, can be voided by the trustee pursuant to section 547 of the Bankruptcy Code (the “Code”). We conclude that the failure of the trustee to establish the existence of an insider relationship...
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OPINION The controlling legal issue in this case is whether 11 U.S.C. § 522(f)(2)(A) allows a debtor, who elects exemptions under California law, to avoid a nonpossessory, non-purchase-money security interest in household furnishings, goods, and appliances. However, the issue arises in the context of a debtor husband who claimed the Federal exemptions and a debtor wife who claimed the Californi...
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MEMORANDUM AND DECISION The issue to be resolved is whether the court shall require the payment of the defendants-debtors’ attorney’s fees as a condition of granting the plaintiff’s motion for voluntary dismissal of its complaint to determine the dischargeability of a debt. BACKGROUND The defendants-debtors, Willard and Paula Begley, filed their joint petition for relief, pursua...
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12 B.R. 843 (1981) In the Matter of S. Thomas TROTTA and Joan A. Trotta, Debtors. Bankruptcy No. 2-80-00810. United States Bankruptcy Court, D. Connecticut. July 20, 1981. *844 Ronald Weiner, West Hartford, Conn., for debtors. Joseph Neiman, Newington, Conn., Trustee. MEMORANDUM AND DECISION ROBERT L. KRECHEVSKY, Bankruptcy Judge. The debtors, S. Thomas Trotta (Thomas) and Joan A. Trotta (Joan),...
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OPINION FACTS The Debtor was involved in an automobile accident on June 9, 1978. At the time of the accident he carried no liability insurance. He sustained two default judgments for damages from this accident in the respective amounts of $6,000 each in the Circuit Court of Jefferson County Alabama, on December 4, 1980. The Director of the Department of Public Safety suspended t...
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MEMORANDUM OPINION This matter came on for hearing on May 7, 1981. Plaintiff, Mary J. Huggins, was represented by Richard T. Merker of the firm of Wallace, Saunders, Austin, Brown & Enochs. Defendant, James Walter Huggins, was represented by Stephen G. Bolton. FINDINGS OF FACT The parties stipulated to all facts but one, which is whether or not plaintiff agreed to waive alimony ...
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MEMORANDUM OPINION ON THE ADMISSIBILITY OF DEPOSITION TESTIMONY AT TRIAL I This controversy involves the admissibility of certain depositions as evidence in the trial of the above referenced counterclaim. The depositions in question were all videotaped and were also all reported by conventional stenographic means. The debtor and counterclaimant, Club Development & Management Corporat...
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FINDING On June 2, 1981 the debtor filed a motion to cite Sefac III, dba Swenson’s North, hereinafter referred to as “Employer”, in contempt of Court alleging it continued to withhold the sum of Twenty Five Dollars ($25.00) per week from the wages of the said Debtor in violation of 11 U.S.C. Section 362 of the Bankruptcy Code. Said matter was duly set for hearing and Debtor and Employer ap...
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MEMORANDUM DECISION AND ORDER The trustee in this case objected to the $14,219.34 homestead exemption claim by the debtor in accordance with § 815.20, Wis. Stat., on the ground that the debtor was not entitled to the exemption because he was not an owner-occupant of the property as required by the exemption statute. Alternatively, the trustee argued that if the debtor did qualify for the ...
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DECISION The Court is called upon to declare the debt of Anthony Polidoro (the “debtor”) to the Jasel Building Products Corp. (“creditor”) nondischargeable under section 523(a)(4) of the Bankruptcy Code. It is alleged that the debtor is an officer, director, and shareholder of Dorolum Siding Corp. (the “corporation”), a contracting company which had purchased aluminum siding products from...
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MEMORANDUM OPINION The O’Quinns operated a retail business in or near Fulton, Mississippi under the trade name of M & W SUPERMARKET. They filed a petition under Chapter 7 of the Bankruptcy Code on December 17th, 1979. On notice to the trustee, the debtors and the debtors’ attorney, First Citizens National Bank of Fulton, Mississippi (hereafter, the bank) filed an application pursuant to S...
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MEMORANDUM AND ORDER This matter came to be heard on the motion of defendant, Marvin Feig, for a summary judgment pursuant to Federal Rules of Civil Procedure, Rule 56. Debtor, Systems for Solar Control, Inc., (Systems), filed an adversary complaint seeking a judgment of $75,000 plus fees and costs. Feig answered said complaint and also moved for a summary judgment alleging the absence of any genu...
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MEMORANDUM DECISION This is an action seeking an exception to discharge under § 523(a)(4) of the Bankruptcy Code. *877 George Francis Covino was an employee and officer of Titus & Donnelly, Inc. On several occasions he made checks payable to himself or to other employees and forged an authorizing signature and/or endorsement so he would receive the proceeds of the checks. He...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS This case presents an interesting question, one apparently novel to Florida homestead law. The facts are not in dispute. The petition in this case was filed on April 7, 1981. At that time the debtor was unmarried, and he still is unmarried. Pursuant to a Judgment of Dissolution of Marriage, the debtor was awarded custody of ...
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MEMORANDUM OPINION Now before the Court for consideration is an involuntary petition under Chapter 7 of the Bankruptcy Code, filed on October 3, 1979. The Petitioning Creditor, Charles Pettis, is a judgment creditor of the Alleged Debtor, having a claim in the amount of $64,095. The Alleged Debtor, International Teldata Corporation (“ITC”) opposes the petition on the ground that the jurisdictio...
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FINDINGS AND CONCLUSIONS This adversary proceeding was tried on the complaint of J. Donald Buffkin, landlord of the debtor, on his complaint for relief from stay or for adequate assurance or abandonment. On April 17, 1980, plaintiff entered into a one year written lease of a restaurant located at 2020 South State Road 7, Fort Laud-erdale, Florida with debtor-defendant James A. Goodso...
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ORDER On August 15, 1980, Nancy Carolyn Brown filed her original petition under Chapter 13 of the Bankruptcy Code. The debtor listed in her schedules Converse College as an unsecured creditor in the amount of $2,307.58. The debt owed to Converse College was incurred by Nancy Carolyn Brown for the education of her daughter, Lillian Wednesday Brown. Nancy Carolyn Brown did not list her daughter a...
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DECISION By a complaint filed on February 25, 1981, Lillian Washington (the “debtor”) *888calls upon the Court to void certain judgment liens under section 522(f)(1) of the Bankruptcy Code on the ground that these liens impair the homestead exemption of $5,705.40 which she has claimed in her schedules. The debtor’s action is opposed by Dr. William E.F. Werner, one of the judgment creditors, who c...
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MEMORANDUM DECISION Thomas Korb, Receiver of Janes Manufacturing filed this suit to void a pre-Chap-ter XI mechanic’s lien1 which is claimed on the debtor’s foundry at 3915 East American Avenue, Oak Creek, Wisconsin. How this action will be decided depends upon whether the labor and materials supplied to Janes by H. I. Contractors, Inc., were improvements to land within the meaning of § 779.01 Wis...
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This Court is requested by Philip Alperdt, assignee for the benefit of creditors, and by Bernard Robins, attorney for the assignee, to issue an order granting compensation for the work which they performed in the state court proceeding and for hours expended in fighting a turnover to the interim trustee. On January 6, 1981, Marichal Agosto, Inc., (Agosto) executed and delivered to Al-perdt an a...
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MEMORANDUM DECISION In this adversary proceeding Mid Maine Mutual Savings Bank (“the Bank”) seeks relief from the automatic stay provisions of Section 1301 of the Bankruptcy Code (11 U.S.C. § 1301) which prohibits a creditor from attempting to collect any part of a consumer debt from a person who is liable on the debt with a debtor who has filed for Chapter 13 relief. The undisputed ...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS The debtor has claimed as exempt his interest in a testamentary trust set up by the last will and testament of Ellen C. Kelleher. The parties have stipulated that the trust is a spendthrift trust. The Trustee contends that the debtor’s interest in the spendthrift trust may not be claimed as exempt under § 522. He is correct....
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OPINION AND DECISION ON TRUSTEE’S APPLICATION FOR PAYMENT OF AUCTION PROCEEDS Prior to the order for relief on June 3, 1980, the trustee in bankruptcy for Golconda Farms (Golconda) was a state court receiver. During that time he auctioned equipment and vehicles as well as 1979 crops. The trustee now holds money from the auction as to the equipment and vehicles (approximately $1,000,000) and the c...
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OPINION On June 5, 1980, the debtor, Barnett Friedenberg, (Friedenberg) filed a voluntary bankruptcy petition as an eligible debt- or under Section 301 of the 1978 Bankruptcy Code, 11 U.S.C. § 301. 1 Plaintiff, Citibank, following the adversary proceedings route of Part VII of the Bankruptcy Rules, filed a complaint seeking judgment that a debt owed to it by Fried-enberg was ...
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MEMORANDUM OPINION When Godfrey Marks penned that rousing popular nautical chorus “Sailing, sailing over the bounding main For many a stormy wind shall blow “Ere Jack comes home again,” he never considered that the stormy wind to which he referred might not be tempestuous billows or stormy blasts but bankruptcy. Alas! Jack is David Ernest Raymond of the United States Navy aboard the USS A...
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MEMORANDUM AND ORDER REGARDING COMPLAINT FOR RELIEF FROM STAY AND REQUEST FOR ADEQUATE PROTECTION The following memorandum represents findings of fact and law on a complaint by Riva Equipment Corporation for relief from stay pursuant to 11 U.S.C. § 362. A hear *909 ing on all the issues between the plaintiff and defendant was held, and both parties submitted suggested findings of fact and law...
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MEMORANDUM OPINION Sandmar Corporation, a Debtor in a Chapter 11 bankruptcy proceeding, moved this Court for an Order to Show Cause why the Navajo Tribe, and Tribal Agents, should not be held in contempt of Court. Such an Order to Show Cause was issued on February 9, 1981. The show cause hearing was held on March 25, 1981. Sandmar was present in person by its President, Earl Stewart, and ...
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MEMORANDUM OPINION Dan Hixson Chevrolet Company (Hixson) weis in the business of retailing automobiles in Abilene, Texas. By merger with Dan Hixson Auto Plaza, Ltd., Inc., Hixson assumed a franchise with Volkswagen of America, Inc. (Volkswagen). The business prospered until the fall and winter months of 1980 when falling demand for automobiles and rising interest rates contributed to Hixs...
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MEMORANDUM DECISION Capn’s Galley of South Dakota, Inc., hereinafter Debtor, has filed an order for relief in a Chapter 11 bankruptcy. The South Dakota Department of Revenue, hereinafter Creditor, has filed a Complaint requesting relief from the automatic stay, adequate protection, and other relief. Creditor’s prayer for relief requests: (a) That Debtor be ordered to cease making sales of pro...
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12 B.R. 926 (1981) In re David McLain DUTTENHOFER, Debtor. Susanne TREACHER aka Susanne Duttenhofer, Plaintiff, v. David McLain DUTTENHOFER, Defendant. Bankruptcy No. SA 80-01846 PE, Adv. No. SA 80-0714. United States Bankruptcy Court, C.D. California. July 31, 1981. *927 David P. Adalian, Visalia, Cal., for plaintiff. Thomas A. Lavin, Laguna Beach, Cal., for defendant/debtor. MEMORANDUM OF DECI...
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12 B.R. 929 (1981) In re GEM RAIL CORPORATION, Debtor. Bankruptcy No. 81-01670K. United States Bankruptcy Court, E.D. Pennsylvania. August 3, 1981. *930 David F. Dunn, Allentown, Pa., for debtor. Gilbert W. Toll, Philadelphia, Pa., for Montgomery Office Associates. OPINION WILLIAM A. KING, Jr., Bankruptcy Judge. The issue presently before this Court is whether the attorney for the debtor, Gem Ra...
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*933MEMORANDUM DECISION AND ORDER Relying upon Wisconsin law (§ 815.18(30) Stats.) and the equitable powers of the bankruptcy court, the trustee in bankruptcy has asked that the debtors be denied all of their exemptions on the ground that they committed a fraud upon the court by failing to perform various obligations while they were debtors-in-possession under Chapter 11. The trustee sought to sup...
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*934ORDER DENYING CONFIRMATION The Debtor filed for relief under Chapter 13 of the Bankruptcy Code and proposes a repayment plan calling for 36 monthly payments of $20.59. He lists unsecured debts of $45,228.70, and the plan would result in a 2 percent dividend to unsecured creditors. The Debtor and his wife1 listed a combined monthly take-home pay of $1,294.88 in the budget for their plan. Howeve...
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MEMORANDUM AND ORDER Creditor Mercantile Holdings, Inc. filed an amended complaint to revoke order of confirmation and a motion to dismiss debtors confirmed Chapter 13 plan. Debtors filed a motion to strike the amended complaint. The court, having considered the entire record herein and being fully advised in the premises, hereby makes the following findings of fact and conclusions of law. FI...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The above entitled matter came on for hearing on April 2, 1981 before the Honorable Jacob Dim, Bankruptcy Judge, on the complaint of Timothy D. Moratzka as trustee for the above-named estate. The defendant moved for judgment on the pleading, and in response the plaintiff has requested summary judgment. Both parties agree that the facts are not in...
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12 B.R. 938 (1981) In re Darrell E. WALLACE also known as Dean Wallace Roofing and Elizabeth A. Wallace, husband & wife, Debtors. Bankruptcy No. 81-00140T(7). United States Bankruptcy Court, E.D. Pennsylvania. August 5, 1981. *939 Alan M. Seltzer, Reading, Pa., for debtors. William N. Stoyko, Reading, Pa., for creditors. Ellis Brodstein, Reading, Pa., Trustee. OPINION THOMAS M. TWARDOWSKI, B...
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MEMORANDUM OF DECISION This proceeding was tried and submitted for decision on July 15, 1981. The issue presented is whether the trustee of the bankrupt corporation is entitled to an order marshaling the assets of the personal guarantors of the United Medical Research (“UMR”) indebtedness to the Small Business Administration (“SBA”) and requiring the SBA to first foreclose upon the p...
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MEMORANDUM DECISION In 1977, the plaintiff took delivery of a Ward-Haggas-Smith engine lathe under lease with option to purchase from Circle Leasing of Florida. In September, 1978, the plaintiff placed the lathe on the debtor’s lot for sale on consignment. The debtor was a dealer in equipment similar to the lathe and customarily sold new and used equipment of this sort. On the date of the petitio...
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12 B.R. 946 (1981) MARATHON PIPELINE COMPANY, Petitioner, v. NORTHERN PIPELINE CONSTRUCTION CO., Respondent. Civ. No. 4-80-589. United States District Court, D. Minnesota, Fourth Division. April 23, 1981. Supplemental Opinion July 24, 1981. Lindquist & Vennum by Melvin I. Orenstein, Minneapolis, Minn., for defendant. *947 Briggs & Morgan by John Devney, St. Paul, Minn., for plaintiff. OR...
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MEMORANDUM DECISION AND ORDER The above entitled matter is before the court on appeal by the United States from *958 the bankruptcy court’s judgment dismissing its complaint objecting to the discharge of an obligation owing it by the bankrupts. Appellant alleged that as a result of the bankrupts having sold grain which had been mortgaged to appellant, a judgment was entered i...
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ORDER DISMISSING APPEAL The appellant, Forrest Doyal Peterson, 1 appeals to this Court and moves to stay the proceedings in the Bankruptcy Court pending this appeal. After reviewing the appellant’s designated Record on Appeal, his motion for a stay, appellees’ Resistance to the motion, the relevant statutory provisions 2 *962 and case law, the Court is fully...
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OPINION The issue at bench is whether we should sustain the objections filed by the Class C *965 Creditors’ Committee to the claims for pension rights of six former employees of the debtor. We conclude that we should sustain the objections to the claim of any employee whose employment contract did not entitle him to the claimed pension benefit, but we should deny the objections to the claim o...
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OPINION AND ORDER The issue presently before the Court requires a resolution of motions to dismiss and transfer from this Court. This adversary proceeding was instituted by the Trustee for the Debtor, James Paul Neese, Sr. (Neese), to disallow claims of the Defendants, First National Bank of Gray-son, Kentucky (Bank) and Grayson Motor Sales, Inc., d/b/a Southern Diesel and Equipment ...
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ORDER Following hearings, evidence, briefs, and oral indication of the ruling by this Court in the debtor’s motion to find the Government National Mortgage Association (hereinafter “GNMA”) and several of its agents in contempt of the automatic stay provided by 11 U.S.C. 362(a), this action was first filed on March 17, 1980. Following dismissal for failure to provide service of summons, th...
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OPINION This case is before the Court on a complaint by the Government National Mortgage Association (“GNMA”), Plaintiff, for relief from the automatic stay to terminate certain executory contracts between GNMA and the debtor. A hearing was held at which the debtor opposed GNMA’s complaint and The First National Bank of Atlanta, the largest creditor of the debtor, intervened in support of...
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OPINION This motion for a finding of contempt was brought by the Debtor against the Government National Mortgage Association (“GNMA”) and certain of its officers and agents for actions which the Debtor contends violated the automatic stay provisions of the Bankruptcy Code, to wit: Section 362(a)(3), which prohibits acts “to obtain possession of property of the estate or of property from t...
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OPINION On August 14, 1980, this court issued an opinion and order finding the Government National Mortgage Association (“GNMA”) and certain officials of GNMA in contempt of the order for relief and automatic stay of this court in this Chapter 11 case. - B.R. -. On November 7, 1980 a hearing was held to determine which defendants, if any, should be charged with sanctions and if so what sa...
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