Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → br → Volume 123

Opinions in br Volume 123

MEMORANDUM OPINION This adversary proceeding concerns the validity and extent of a certain lien held by the defendant on the residence of the plaintiffs pursuant to '§ 506(d) of the Bankruptcy Code. More specifically it involves the question of whether a chapter 7 debtor can use § 506(d) to value the real property supporting a mortgage debt and have the secured claim reduced to the value ...
Views: 0
DECISION AND ORDER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Heard on November 9, 1990 on the Motion of the debtor, Corporación de Servicios Medicos Hospitalarios de Fajardo (“the Hospital”) for an Order compelling the Puerto Rico Department of Health (“the Department”) to make past due payments for services rendered. The Hospital alleges that the Department owes it $2,333,009 1 ...
Views: 0
NYAL MEMORANDUM Before WEINSTEIN, District Judge, and FREEDMAN, Supreme Court Justice. *8 Manville Bankruptcy The parties appear to be reluctant to settle with the Manville Trust because there are claimed to be insufficient funds to make current appropriate payments to the plaintiffs. The courts should like to know from the Manville Trust representatives why they have insufficient funds...
Views: 0
DECISION Thomas Friscia (“Debtor”) moves to dismiss the motion brought by Municipal Credit Union (“MCU”) for an extension of the period in which MCU may file a complaint to determine the dischargeability of a debt on the grounds that MCU’s motion was not timely filed. For the reasons stated below Debtor’s motion to dismiss is denied. FACTS On June 19, 1990 the Debtor filed a pet...
Views: 0
MEMORANDUM OPINION AND ORDER Alfred J. Lindh, the attorney for debtor’s ex-wife, filed a complaint asking the court to determine whether an award of attorney’s fees arising from a matrimonial action constituted an exception to discharge under 11 U.S.C. § 523(a)(5). The following *13 is the court’s findings of fact and conclusions of law. On January 27, 1987, Paul A. and Jo Ellen Brenegan we...
Views: 1
MEMORANDUM AND ORDER The question here is whether the court has jurisdiction because this is a bankruptcy matter or does not have jurisdiction because it is a Medicare dispute. This court has primary jurisdiction over all bankruptcy cases by reason of 28 U.S.C. § 1334. However, all Medicare cases must go through an elaborate administrative pro *15 cess before the jurisdiction...
Views: 1
OPINION 1 At the hearing held December 6 and December 8, 1990 on confirmation of the Amended Joint Plan of Reorganization (“Plan”) for Wheeling-Pittsburgh Steel Corporation, Et A1 (“Debtor”), the only remaining unresolved objections to confirmation of the Plan were those filed by: (a) U.S. Environmental Protection Agency (EPA) (b) U.S. Economic Development Administration and Shawmut Bank ...
Views: 0
MEMORANDUM OPINION JJ’s Home Style Laundry, Inc., and Gil-lom Smith, Jr., are debtors in possession in chapter 11 cases consolidated by order entered on April 2, 1990. In this contested matter, Viking Credit Corporation (Viking) filed a motion for relief from the automatic stay. Final hearing on the motion was held on October 22, 1990, and the court took the matter under advisement. ...
Views: 0
MEMORANDUM OPINION The plaintiff, Adel H. Bulman, seeks to determine the dischargeability under 11 U.S.C. § 523(a)(5) of awards made in her favor in a decree of divorce from the debt- or, Vincent Page Bulman. This adversary proceeding comes before the court on cross motions for summary judgment as to a lump sum award by the divorce court and an award for attorney’s fees and court costs. T...
Views: 0
*29 MEMORANDUM OPINION This case deals with a complaint brought by the trustee, Keith L. Phillips, seeking turnover of certain shares of stock held by the defendant, Thelma C. Smith. It comes before the court on motion for summary judgment and order approving replacement lien. After considering argument by counsel in the memoranda filed and at a hearing on September 12, 1990, thi...
Views: 0
MEMORANDUM OF DECISION In yet another twist in the extremely convoluted history of this case, plaintiff Charles H. Au (Au) moves the court to declare whether this adversary proceeding, in its present posture, constitutes a core proceeding, a non-core related proceeding, or is completely outside the boundaries of this court’s jurisdiction. The motion was filed August 20, 1990. At a hearing...
Views: 0
OPINION AND ORDER DENYING MOTION FOR RECONVERSION This matter is before the court upon motion of Willard C. Somers for reconversion of case to chapter 11, to which responses have been filed by the chapter 7 trustee and the Office of the United States Trustee. Upon consideration of the record herein, the court finds that said motion is not well taken and should be denied.. FACTS On August 14...
Views: 0
OPINION AND ORDER ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION This matter is before the Court on the Objection of Larry E. Staats, Trustee herein, to Debtors Claim of Exemption of payment for personal bodily injury. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district. This is a core proceeding under 28 U....
Views: 0
MEMORANDUM AND ORDER Van Price, Jr., debtor, defendant, has moved to dismiss the third amended complaint of Old Kent Bank-Chicago, plaintiff, for Old Kent’s failure to state averments of fraud with sufficient particularity as required by Fed.R.Civ.P. 9(b) [Fed.R. Bankr.P. 7009] and for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) [Fed.R.Bankr.P. 7012], T...
Views: 1
OPINION On October 30, 1985, to secure a $56,-000.00 loan, the Debtors gave the Morton Community Bank (“Bank”) a first mortgage requiring monthly principal and interest payments of $610.00 and monthly escrow payments for taxes. Approximately two years later, on November 2, 1987, to secure a $10,000.00 loan, the Debtors gave the Bank a second mortgage requiring monthly principal and interest paymen...
Views: 4
ORDER On December 12, 1989, the trustee 1 for the estate of Herbert E. Russell (the estate) filed this adversary proceeding, seeking a declaratory judgment and a turnover order, against Couch Dennis; Bonnie Dennis; Sandra King, Executrix of the Estate of Howard Meek, Deceased; Raymond Pittman; Helen Pittman; Virgil Lewis; and Jerry Minor Lewis (defendants). The complaint allege...
Views: 0
MEMORANDUM OPINION I. JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334,151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(A), which the Court may hear and determine. II. INTRODUCTION ...
Views: 1
OPINION Appellant Robin A. Parkhill (“Parkhill”) appeals from the trial court’s summary judgment finding that a note signed by debtor-appellee Irene Vazquez Nusor (“Nu-sor”) was not a negotiable instrument and avoiding Parkhill’s lien on real property. Parkhill argues that the note was a negotiable instrument under the California Uniform Commercial Code (“Commercial Code”), that she is a ...
Views: 2
MEMORANDUM OF DECISION Debtors filed a Chapter 13 petition on July 11, 1990. Presented to the Court in this proceeding is Debtors’ Motion for Order Determining Effect of Automatic Stay. The issue offered concerns whether an exception to the automatic stay, available to governmental units to enforce police and regulatory powers under Bankruptcy Code Section 362(b)(4), applies to the action...
Views: 0
MEMORANDUM OF DECISION Ontario Hydro, a Canadian corporation and a public utility generates electricity in the Providence of Ontario, Canada. El International (El), the reorganized debtor, agreed to supply its PMAX software system to one of Ontario Hydro’s plants. After filing a chapter 11 petition the exec-utory contract with Ontario Hydro was rejected by the debtor under 11 U.S.C. § 365...
Views: 1
MEMORANDUM OPINION This adversary proceeding is before the court for a decision upon the record. PROCEDURAL BACKGROUND The plaintiff, the Chapter 7 trustee, herein, filed his complaint against the defendant on December 12, 1988 to recover fees paid to the defendant, a former attorney for the Chapter 11 debtor-in-possession, without prior court authorization. There are two claims...
Views: 1
ORDER Rainsford J. Winslow 1 (“Winslow”) commenced this action on December 11, 1990 against a number of public officials and private parties, alleging that each has committed various constitutional and statutory violations. Contemporaneously with his complaint Winslow filed two motions: a motion to require defendants to respond to the complaint and to complete requests for admi...
Views: 0
MEMORANDUM OPINION AND ORDER This action is brought under the civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(c)(1). The sole issue is whether the defendant, Dodge Printing Centers, Inc., is liable to the plaintiff, Ronald Martinez, for failing to notify Martinez of his right to continued coverage under the company’s health ins...
Views: 0
MEMORANDUM OPINION AND ORDER The debtor in this case, Morris Mackey, filed a Chapter 13 bankruptcy petition on September 5, 1989. The debtor’s wife also filed a Chapter 7 bankruptcy petition on October 2, 1989. Their counsel was Harold J. Baer, Jr., P.C. The law firm employs Harold Baer, Jr. and Karen Smith. Both attorneys participated in the representation of the debtor. During the proceedings, ...
Views: 0
MEMORANDUM OPINION AND ORDER This matter is before the Court upon the debtor-in-possession’s, Miniscribe Corporation’s (Miniscribe), complaint to recover alleged preferential transfers to Keymarc, Inc., (Keymarc). The relevant facts are as follows. Minis-cribe was a corporation whose primary business involved the design, manufacture and sale of computer disk drives, to provide mass d...
Views: 2
ORDER This is a bankruptcy appeal from a Chapter 13 plan that modified the rights of a creditor (mortgagee/appellant First Interstate Bank of Oklahoma) whose claim was secured only by a mortgage on the debtor’s principal residence. The Court has jurisdiction under Rules of Bankruptcy Procedure 8001 and 8013, and 28 U.S.C. § 158. The standard of review as to questions of law is de novo. First B...
Views: 1
MEMORANDUM OPINION The court has for consideration the appeal of First Alabama Bank (First Alabama) from the denial by the bankruptcy court of First Alabama’s motion for leave to prosecute certain claims on behalf of the bankruptcy estate of Shelby Motel Group, Inc. (Shelby Motel). The procedural facts are fairly simple. Industrial Development Board of the Town of Vincent, Alabama, i...
Views: 1
MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION I. Background A. The Prime Bankruptcy On September 18, 1990, Prime Motor Inns, Inc. (“Prime”) and fifty (50) of its direct and indirect subsidiaries, including Prime Management Co., Inc. (“Prime Management”) (collectively, the “Prime Debtors”) filed petitions for reorganization relief under chapter 11 of title...
Views: 1
*112FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came on for trial before the Court on August 14, September 20, and October 23, 1990. The Court has examined the evidence and considered the testimony presented, observed the candor and demeanor of the witnesses, considered the arguments of counsel, and being otherwise duly advised in the premises, does hereby make the following findings of fac...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Universal Credit Union (the “creditor”) against William Santomaso (the “debtor”), pursuant to 11 U.S.C. § 523(a)(2), and § 727(a)(2)(A), and (a)(3), and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the argument...
Views: 0
CONTESTED MATTER ORDER This matter is before the court on Mov-ant’s motion for Bankruptcy Rule 9011 sanctions. Respondents oppose the motion. Hearing was held January 10, 1990, and was continued to and concluded February 9, 1990. Following the hearings, the parties filed briefs, response briefs and supplemental briefs. For the reasons set forth below, Movant’s motion for sanctions is...
Views: 1
*126 ORDER Appellant William H. Moore, Jr., claims an attorney’s lien against proceeds of the settlement of litigation that the debtor instituted prior to filing for bankruptcy protection. The bankruptcy court denied Moore’s claim, and Moore appealed. This Court holds that the language of the Georgia attorney’s lien statute dictates a contrary result. Accordingly, the Court REVER...
Views: 3
MEMORANDUM OF DECISION 1. Introduction. Before the court is the motion of Allied Capital Corporation 1 (“Allied”) to dismiss Consolidated Auto Recyclers of Massachusetts Chapter 11 case. Allied contends that Consolidated Auto Recyclers of Massachusetts, Inc. (CARM), was unlawfully made the subject of bankruptcy proceedings through the unauthorized actions of the ba...
Views: 1
MEMORANDUM OPINION ON “RENTS AS CASH COLLATERAL” ISSUE In the above-captioned Rancourt case, the Court has pending for decision Fleet Bank’s (“Fleet”) "Motion to Limit Use of Cash Collateral Pending Motion for Relief From Stay” filed November 15, 1990. There is also pending Vanguard Savings *145 Bank’s (“Vanguard”) “Motion to Limit Use of Cash Collateral Pending Hearing on Motion for Relief f...
Views: 3
OPINION AND ORDER Approval of an “Application for Leave to Sell Property of the Estate in a Private Sale” and a Stipulation withdrawing an opposition to such Application are pending before the Court. 1 Approval is denied for reasons stated herein. FINDINGS OF FACT The record shows that Cochera, Inc. filed a Motion for Appointment of a Trustee. This Motion was filed be...
Views: 0
OPINION AND ORDER Plaintiffs have filed a Motion for Summary Judgment claiming that the money judgment entered in Civil case No. 80-6258 by the Superior Court of Puerto Rico, San Juan Part, is not dischargeable pursuant to 11 U.S.C. Section 523(a)(6). For the reasons stated in this Opinion, we deny the request for summary judgment. STIPULATED FACTS 1. “Plaintiffs are the heirs of the late Milagros...
Views: 1
OPINION AND ORDER The issue raised in this contested matter is whether an Order entered on July 27, 1989, in Case No. 88-00433 (ESL) granting Movant relief from the automatic stay is res judicata, precluding this subsequent motion for relief from stay filed during the pendency of the instant case. The parties agree the relevant facts are not in dispute. Debtors filed a Chapter 13 petition for ban...
Views: 0
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DETERMINE WHETHER A PROCEEDING IS A CORE PROCEEDING I. ISSUE Carl D. Sherman, the defendant in this adversary proceeding, has moved the bankruptcy court, pursuant to 28 U.S.C. § 157(b)(3), 1 for a determination whether the proceeding is a core proceeding under § 157(b) 2 or is a proceeding otherwise re *161 lated to a case under title 11...
Views: 1
ORDER In the above-referenced action, Mercedes Bocker (“appellant”) appeals, pursuant to 28 U.S.C. § 158(a), from an order of the Honorable Cecelia H. Goetz, United States Bankruptcy Judge, which granted summary judgment and dismissed appellant’s adversary proceeding. After a brief recitation of the background facts, the Court will address the parties’ positions on appeal. BACKGROUND...
Views: 1
OPINION A number of financial institutions holding promissory notes of Eastern Airlines have appealed from a ruling of the Bankruptcy Court, In re Ionosphere Clubs, Inc., 112 B.R. 78 (Bankr.S.D.N.Y.1990), that certain security interests which they hold in equipment owned by Eastern Airlines, Inc. (“Eastern”) are not exempted by § 1110 of the Bankruptcy Code, 11 U.S.C. § 1110, f...
Views: 1
DECISION ON APPLICATION OF CCS FOR AN ORDER GRANTING AN ADMINISTRATION CLAIM CCS Associates, Inc. (“CCS”), a creditor in this Chapter 11 case, has moved for an order granting it an administration claim pursuant to 11 U.S.C. § 503(b)(3)(D) for making a substantial contribution in this case. CCS seeks a total administration claim in the sum of $37,977.68, although approximately $28,000.00 r...
Views: 0
DECISION ON MOTIONS FOR SUMMARY JUDGMENT REGARDING CERTAIN LOAN AGREEMENTS BETWEEN PLAINTIFFS AND DEFENDANTS I. Factual Background A. AIP Commences a Public Offering of Limited Partnership Units By Prospectus, dated May 1, 1989, AIP1 commenced a public offering of up to $200,-*183000,000 of limited partnership units. According to the Prospectus, “[t]he General Partner reserve[d] the right, in its...
Views: 1
OPINION A. INTRODUCTION Presented is a motion of the Debtor, the sole asset of which is a large building situated at Ninth and South Streets in Philadelphia, to obtain credit which contemplates providing a first lien on the building to the new lender over the objection of the incumbent first mortgagee, pursuant to 11 U.S.C. § 364(d). We hold that a qualitative analysis, similar to th...
Views: 1
MEMORANDUM OPINION This matter is before the Court upon the objection by Valley Vue Joint Venture, a Virginia general partnership (the “Debt- or”), to a proof of claim filed by S.W. Rodgers Co., Inc., a Virginia corporation (“Rodgers”), in the amount of $1,000,000. Rodgers’ claim results from its reimbursement of a bank which honored a standby letter of credit issued for the account of Ro...
Views: 3
MEMORANDUM OPINION The government appeals a ruling of the Bankruptcy Court for the Western District of Virginia by which that court directed how the Internal Revenue Service should allocate payments a Chapter 7 trustee was to make to the Service. The court finds the Bankruptcy Court’s decision to be inconsistent with the developing case law and must reverse that court’s ruling. The debtor filed a...
Views: 0
This cause came on for hearing on a previous day on the motion of plaintiff, Darryl J. Tschirn, to remand this matter to Civil District Court for the Parish of Orleans. The Court, having heard the arguments of counsel and having studied the legal memoranda submitted by the parties, is now fully advised in the premises and ready to rule. Accordingly, IT IS THE ORDER OF THE COURT that t...
Views: 0
MEMORANDUM OF OPINION ON VALIDITY OF LIENS The question presented in these cases is whether a retail installment contract for household goods which refinances unpaid balances on prior contracts destroys the purchase money security interest character of the goods purchased under the prior contracts. If the goods purchased under prior contracts no longer retain their purchase money character, the D...
Views: 0
123 B.R. 222 (1990) In re MARINA BAY DRIVE CORPORATION, Debtor, FIMSA, INC. v. MARINA BAY DRIVE CORPORATION. MARINA BAY DRIVE CORPORATION et al., v. FIMSA, INC., et al. No. H 90 3072, Civ. A. No. MBH-90-44, Bankruptcy No. 90-00719-G2-11, Adv. No. 90-0302. United States District Court, S.D. Texas. October 4, 1990. Jeffrey E. Spiers, Houston, Tex., for plaintiff. Aaron Keiter, Houston, Tex., for de...
Views: 0
MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR TURNOVER On June 20, 1990, the trustee filed a Motion for Turnover of Non-Exempt Savings and for Extension of Time to File Complaint Objecting to Discharge. In this motion, the trustee seeks an order requiring Timothy and Stephanie Idalski (“Debtors”) to turn over $5,166.23 to the estate. According to the trustee, this sum represents the total vo...
Views: 1
ORDER WITHDRAWING REFERENCE The reference to the United States Bankruptcy Court for the Southern District of Texas is withdrawn on the claim by Marina Bay Drive Corporation and Charles E. Mellett against First Interstate Bank of Texas because' bankruptcy courts may not conduct jury trials; they are enhanced special masters in chancery. There is more to the allocation of power in the constitution t...
Views: 0
MEMORANDUM OPINION ON PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM The issue here is whether a chapter 7 debtor can force a creditor holding a mortgage on real property of the estate to accept less than the full balance owing when the debtor eventually sells the property after the case is closed. To our knowledge, this is the first Chapter 7 “strip down” ever attempted in this district. ...
Views: 0
*246 MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO THE CLAIMS OF THE STATE OF MICHIGAN AND THE MICHIGAN EMPLOYMENT SECURITY COMMISSION On April 10, 1986, Mayville Feed & Grain, Inc. (Debtor) filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. The State of Michigan (State) filed a proof of a priority unsecured claim against the estate on September 19, 1986...
Views: 0
MEMORANDUM OF DECISION This adversary proceeding was brought by the plaintiff, Joan Ellis, against the debtor-defendant, Timothy Shear, to establish that her claim is nondischargeable under section 523 of the Bankruptcy Code. Her claim is embodied in a judgment against the debtor entered by the Court of Common Pleas for Cuyahoga County (the “State Court”) on October 5, 1989 in the amount ...
Views: 0
MEMORANDUM AND ORDER This appeal arises from the Chapter 13 proceeding of debtors Harold and Catherine Frost. The debtors’ Chapter .13 plan was confirmed on August 31, 1987. However, the debtors subsequently sought to modify their Chapter 13 plan so as to reclassify their loan obligation to appellant Atlantic Financial Federal (hereinafter “Atlantic”) from wholly secured to partially secured an...
Views: 2
ORDER This case is before the Court on Debtors’ Motion to Set Aside Judicial Lien. (Doc. 7) The pleadings include: The Provident Bank’s Memorandum in Opposition to Motion to Set Aside Judicial Lien (Doc. 6); Supplemental Memorandum of Creditor in Opposition to Motion to Set Aside Judicial Lien (Doc. 11); Creditor Provident Bank’s Submission of Evidence of Value and Request for Dismissal o...
Views: 0
OPINION AND ORDER ON DEBTOR’S MOTION FOR CONTEMPT This proceeding is before the Court pursuant to the Motion for Contempt filed by the Debtor, U.S. Electric, Inc. (hereinafter “Debtor”), against Basic Distribution, Inc. and its President, Andrew W. Kerr, (hereinafter collectively “Basic”). By its Motion, Debtor seeks to have Basic found in contempt for violation of § 362, release all mech...
Views: 0
DECISION ON ORDER GRANTING SUMMARY JUDGMENT TO THE PLAINTIFF This proceeding is before the court on the parties’ cross motions for summary judgment (Doc. 28 and Doc. 29). Memoran-da in support of these summary judgment motions (Doc. 30 and Doc. 31) have also been submitted. This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order ...
Views: 1
*273 MEMORANDUM OPINION AND ORDER ON THE UNITED STATES TRUSTEE’S MOTION TO INTERVENE AS A PARTY DEFENDANT/COUNTER-CLAIMANT This Court had previously set October 30, 1990, as a deadline for the United States Trustee and the Unsecured Creditors’ Committee to file motions to intervene in this consolidated adversary proceeding. On October 24, the United States Trustee moved to interv...
Views: 0
*279 MEMORANDUM OPINION AND ORDER Plaintiff, Pine Top Insurance Company (“Pine Top”), in Liquidation, brought this action against defendants, Bank of Amer-ica National Trust and Savings Association (the “Bank”) and Republic Western Insurance Company (“Republic”), to recover the proceeds of allegedly preferential transfers in violation of Section 204 of the Illinois Insurance Code...
Views: 1
MEMORANDUM OPINION AND ORDER Pine Top Insurance Company (“Pine Top”), an Illinois insurance company currently in liquidation under Illinois Insurance Code Art. XIII (Ill. Rev. Stat. ch. 73, HU 799-833.13 1 ), has sued Century Indemnity Company (“Century”) and Bank of America (“Bank”) under Insurance § 816(2) to recover two allegedly voidable preferential transfers. Bank and Cen...
Views: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING HEARING ON MOTION OF RODNEY HUNT FOR RECONSIDERATION OF ORDER DISALLOWING HIS CLAIM. Following trial before the Court and considering the evidence and argument of counsel on the Motion of Rodney Hunt for reconsideration of the Order entered March 16, 1988 disallowing his claim, and for leave to file his late claim, the Court now makes and ...
Views: 2
MEMORANDUM, OPINION AND ORDER FACTS This matter comes before the Court on the debtor’s objection to the IRS’s claim for $1,033,541.27 on the grounds that the claim was not timely filed. The debtor Myles Olsen, Jr. and a corporation whose shares are wholly owned by the debtor, Olsen Woodwork Company, Inc., both filed Chapter 11 petitions on June 27, 1985. On July 22, 1985, the IRS filed a clai...
Views: 2
MEMORANDUM AND ORDER Shortly before the debtors’ Chapter 11 bankruptcy filing, debtor Jimmy Starr received a personal injury settlement in the amount of $100,000. The settlement proceeds were paid into a trust account of the debtor’s attorney, Paul Giamanco, who dis *316 bursed a portion of the funds to pay medical bills and attorney fees. The debtor himself received a paymen...
Views: 0
MEMORANDUM ORDER This proceeding came on for trial on the plaintiffs complaint to enjoin the City of Edina’s criminal prosecution. Michael T. Kallas appeared for the plaintiff. Kim A. Anderson appeared for the City of Edina and George G. Seitz appeared for Dennis Bible. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334 and Local Rule 103(b). This is a core proceeding. Based on t...
Views: 0
MEMORANDUM OPINION JURISDICTION This Court has jurisdiction over the parties and subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334, 151, and 157 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a “core proceeding” pursuant to 28 U.S.C. § 157(b)(2)(I), which the Court may hear and determine. INTRODUCTION The Debtors filed their volun...
Views: 0
ORDER On July 12, 1990, appellants, Wachovia Bank & Trust, N.A. and Wal-Mart Stores, Inc., filed a joint notice of appeal with respect to the Bankruptcy Court’s order of June 14, 1990. 115 B.R. 1001. Under Bankruptcy Rule 8013, a reviewing court may not set aside findings of fact unless clearly erroneous. Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 2795,...
Views: 1
ORDER DENYING CONFIRMATION OF DEBTOR’S SECOND AMENDED PLAN In this Chapter 13 case the debtor proposes to satisfy his ex-wife’s claim by transferring to her a portion, but not all, of the property upon which she claims a security interest. Since I find that such treatment violates Section 1325(a)(5) of the Bankruptcy Code, confirmation of the debt- or’s Second Amended Chapter 13 Plan is denied....
Views: 1
MEMORANDUM AND ORDER This adversary proceeding arises by Complaint of. the Chapter 7 Trustee challenging the extent and validity of Norwest Bank Minnesota, N.A. (Norwest) right to a lien in post-petition collateral arising by virtue of a stipulation for use of cash collateral. The Complaint, filed on January 31, 1990, and as amended on May 21, 1990, sets forth three separate theories only...
Views: 0
OPINION The bankruptcy court concluded that certain malpractice claims, though time-barred under the applicable statute of limitations, should be considered in determining whether the aggregate unsecured debts exceed the $100,000.00 limitation imposed by 11 U.S.C. § 109(e). The court dismissed the case and debtor appealed. We reverse and remand. I. FACTS Debtor was a professiona...
Views: 2
OPINION I Joint debtors under Chapter 7 of the Bankruptcy Code (“Code”) brought this action against their estate trustee seeking a declaratory judgment that the debtors’ principal residence was an exempt asset and no longer property of the estate. From an Order of the trial court granting summary judgment in favor of the Trustee, this appeal ensues. We AFFIRM. II FACTS Irwin and Janice Hyman (“Hy...
Views: 0
OPINION Havas Leasing Company (Havas) appeals from the court’s order avoiding Havas’ lien on the debtors’ pick-up truck, on the basis that the lien was a nonpossessory, nonpur-chase-money security interest in tools of the trade of the debtor and that the lien impaired an exemption to which the debtors would have been entitled under § 522(b). We affirm. FACTS On February 13,1989 ...
Views: 0
STATEMENT OF UN CONTROVERTED FACTS AND CONCLUSIONS OF LAW The motion for partial summary judgment of plaintiff R. Todd Neilson, Successor Trustee of debtor Newedge, a Nevada corporation, came on for hearing before the Court on March 20, 1988, the Honorable Calvin K. Ashland, United States Bankruptcy Judge, presiding. The plaintiff was represented by Pachulski, Stang & Ziehl, P.C., with an appeara...
Views: 0
MEMORANDUM OF DECISION This matter comes before the Court on creditor Pacific Inland Constructors Corp.’s (“PICC”) motion to set aside two stipulations and orders of the Court. Creditor First Interstate Mortgage Company opposed PICC’s motion. For the reasons set forth below, the motion is denied. BACKGROUND The relevant facts are essentially undisputed. On November 7, 1989, Manc...
Views: 0
MEMORANDUM OPINION Debtor brought a motion to dismiss certain claims for relief in plaintiff’s complaint for nondischargeability of a state court judgment and alternatively for summary *384 judgment on the remaining claims. I heard the matter on November 15, 1990. On the bench I dismissed plaintiffs third, fourth, fifth, seventh, eighth and ninth causes of action. I gave the plaintiff 30 days...
Views: 0
MEMORANDUM OF DECISION This is a no asset Chapter 7 ease with a claims bar date. Most Chapter 7 cases are no asset cases with a no dividend statement. The Debtors in this case seek to reopen their case to list an omitted creditor long after the claims bar date has elapsed. The problem presented is one of determining the effect of the claims bar date on the dischargeability of the creditor’s omi...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the debtor’s motion for sanctions against the State of Oregon, Department of Revenue (ODR) and Nancy Minden, the individual employee of ODR who signed the precautionary proof of claim, herein, on behalf of the ODR (the claim). The debtor alleges that the claim is not well grounded in fact and that the ODR did not make a reasonable inquiry...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Plaintiff’s Motion for Default Judgment filed September 24, 1990, Defendant Citizens Bank of Westminster’s Objection *399thereto filed October 5, 1990, Bank’s Motion for Summary Judgment filed November 21, 1990, Plaintiffs Objection to Bank’s Motion for Summary Judgment filed December 5, 1990, and Bank’s Reply to Plaintiff’s Objec...
Views: 0
MEMORANDUM OPINION This matter came before the Court on the Trustee’s complaint for turnover of a payment made on a retail installment account with Broadway Southwest. The parties stipulated to the facts and submitted briefs to present their legal arguments to the Court. Upon the Court’s request, Broadway Southwest supplemented the record with the itemization of the debtor’s account. Having con...
Views: 1
MEMORANDUM OPINION Introduction This matter comes on to be heard upon the Motion of the Debtors to Modify the Plan treatment of three secured claims of Local America Bank (“LAB”) and upon the objections thereto filed by said bank. This Court having been fully advised in the premises finds as follows: Findings of Fact Harold Wayne Burlingame and his wife, Barbara Jean Burlingame, (“Debtors...
Views: 1
COMBINED ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT BACKGROUND Defendant 1 was a dealer and merchant of perishable agricultural commodities (“produce”) and subject to the Perishable Agricultural Commodities Act of 1930, as amended in 1984, 7 U.S.C. § 499a, et seq. (“PACA”). Between July 22, 1989, and Octobe...
Views: 0
MEMORANDUM OF OPINION This matter is before the court on appeal, pursuant to 28 U.S.C. § 158(a), from final orders of the United States Bankruptcy Court for the Northern District of Alabama which confirmed the debtors’ modified Chapter 13 plan and denied the appellant’s motion for relief from the automatic stay provisions of 11 U.S.C. § 362, 121 B.R. 109. 1 The court has carefu...
Views: 1
ORDER ON DEBTOR’S MOTION FOR SUMMARY JUDGMENT THIS IS an involuntary Chapter 7 liquidation case and the matter under consideration is the Debtor’s Motion for Summary Judgment. It is the contention of the Debtor that there are no genuine issues of material facts, and that the Debtor is entitled to a judgment in his favor as a matter of law dismissing with prejudice the involuntary Petition...
Views: 0
ORDER ON OBJECTIONS TO CLAIMS OF EXEMPTIONS THESE ARE Chapter 7 liquidation eases and the matters under consideration are Objections filed by the Trustee in each case to the Debtors’ claims that funds held in their respective ERISA-qualified retirement plans are exempt from administration by the Trustees pursuant to Florida Statute § 222.21(2)(a), 11 U.S.C. § 522(b)(2)(A), and 11 U.S.C. §...
Views: 1
123 B.R. 434 (1991) In the Matter of Linda Kleinkorte OWENS a/k/a Linda K. Owens, Debtor. JERRY KATZMAN, M.D. OPHTHALMIC ASSOCIATES, P.A., Plaintiff, v. Linda Kleinkorte OWENS, a/k/a Linda K. Owens, Defendant. Bankruptcy No. 89-6803-8B7, Adv. No. 89-638. United States Bankruptcy Court, M.D. Florida, Tampa Division. January 11, 1991. *435 Hala Mary Ayoub, and Jeff D. Jackson, Tampa, Fla., for plai...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THE MATTER under consideration in the above-captioned Chapter 7 case is an Amended Complaint Seeking Exception to Discharge pursuant to Title 11 U.S.C. § 523(a)(2)(A) and (a)(4) filed by Plaintiff, Jerry Katzman, M.D. Ophthalmic Associates, P.A. Both Plaintiff and Defendant, Linda Kleinkorte Owens, moved for summary judgment on the basis there remain no genui...
Views: 0
ORDER This matter is before the court on the Trustee’s objection to the claim of HFC Commercial Realty, Inc. (“HFC”) and on HFC’s motion to require final accounting and release of cash collateral. Hearing on HFC’s motion was held June 7, 1990, and both Debtor and HFC filed post-hearing briefs. By order entered June 21, 1990, Debtor’s case was converted to Chapter 7 and a trustee was appointed. ...
Views: 0
ORDER This matter is before the court on the motion of the Internal Revenue Service (IRS) to dismiss the above-styled adversary proceeding. In response to the IRS’s motion, Debtor filed a motion to amend the complaint and filed a response opposing the motion to dismiss. For the reasons set forth below, Debtor’s motion to amend is granted and the IRS’s motion to dismiss is granted. Th...
Views: 0
OPINION This adversary proceeding is before the Court on cross motions for summary judgment. The plaintiffs are eight individuals who seek a determination that judgments entered in their favor against defendant-debtor James W. Standard (“Standard” or *447 “debtor”) are not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(4) or 11 U.S.C. § 523(a)(6). This is a core proceed...
Views: 2
ORDER In 1982, at a time when they were indebted on a secured basis to Farmers Home Administration for over $600,000.00, Warren F. Paulk and Fred D. Paulk, d/b/a Paulk Farms, grew and sold $305,643.00 worth of bell peppers, cucumbers and snap-beans to defendant Georgia Vegetable Company, Inc. and did not remit the proceeds to Farmers Home Administration. The bell peppers, cucumbers and snapbe-ans...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER These matters come before the Court in three motions within and concerning the adversary proceeding commenced by National Westminster Bancorp N.J. (“Nat-west”), as successor-in-interest to First Jersey National Corporation (“First Jersey”), in the bankruptcy case of ICS Cybernetics, Inc. (“Debtor”). By way of the fir...
Views: 1
ORDER Upon the Notice of Appeal, dated February 28, 1990, filed in the above-captioned proceeding by the Debtor, ICS Cybernetics, Inc., by its attorneys, Grass, Balanoff, Cos-ta and Whitelaw, P.C., 247 — 259 West Fay-ette Street, Syracuse, New York, which appeal was designated Appeal No. 1 in the within proceeding, and upon the Notice of Appeal dated March 7, 1990, filed in the above-capt...
Views: 0
OPINION The Debtor is moving to reopen this closed Chapter 7 proceeding in order to reduce and avoid, pursuant to 11 U.S.C. § 522(f), two judgment liens of The Bank of Smithtown (“Smithtown”) on his residence. 11 U.S.C. § 522(f) authorizes a debtor to avoid judicial liens that impair the debtor’s exemption. The debtor claims that Smithtown’s liens impair his homestead exemption. Smithtown...
Views: 0
*489OPINION AND ORDER Before the Court is an appeal brought by Deloitte & Touche (“D & T”) of an order of the United States Bankruptcy Court for the Southern District of New York, Abram, J., filed November 21, 1990 directing D & T, an accounting firm, to produce certain of its proprietary internal auditing manuals to James P. Hassett, the Chapter 11 Trustee (“Trustee”) in bankruptcy for CIS Corpo...
Views: 0
DECISION ON ORDER TO SHOW CAUSE FOR APPOINTMENT OF TRUSTEE ABL Corp. (“ABL”), the above-captioned debtor’s largest creditor, with claims in excess of $27 million, has moved pursuant to 11 U.S.C. § 1104(a) for an order directing the appointment of a Chapter 11 trustee. ABL charges that the management of the Chapter 11 debtor, U.S. Communications of Westchester, Inc., have been and are inco...
Views: 0
OPINION I. INTRODUCTION Appellant Kosta P. Velis a/k/a Konstan-tin P. Velis (“debtor”) filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the District of New Jersey on December 18, 1986. On January 26, 1988, appellee Mary Kardanis, who holds a multi-million dollar medical malpractice judgment against the debtor, filed an objection to his claime...
Views: 0
OPINION A. INTRODUCTION In their present, final state, the two instant almost identical proceedings present one issue for disposition: whether, pursuant to 11 U.S.C. § 727(a)(3), the Defendant/Debtor, ESTELLE GOLDSTEIN (“thé Debtor”), should be denied a discharge of all of her debts. In deciding this issue, we consider whether the Debtor has failed to keep, and/or has justified her f...
Views: 0
OPINION ISSUE The common issue in the above cases is whether they should remain in Chapter 11 or be converted to Chapter 7 where in David Weiss there was never any hope, plan, nor intent other than to liquidate the debtor’s assets, and in Lyons the business had been shut down with no real hope of revival. DAVID WEISS Petitioning Creditors filed an involuntary petition for r...
Views: 0
OPINION Background On November 9, 1989, the Petitioning Creditors of Skyline Properties, Inc., doing business as Hunter’s Station (“Debtor”), filed an involuntary petition under Chapter 11 of the Bankruptcy Code. Richard W. Roeder, Esq. (“Trustee”) was appointed as Chapter 11 Trustee on May 23, 1990. The Trustee instituted the within adversary proceeding to compel turnover of two Pennsylvania Li...
Views: 0
OPINION BACKGROUND A.J. Volpi Contractors, Inc. (“Volpi”) instituted a civil action, Number 84-2250, in the United States District Court for the Southern District of West Virginia against W-P Coal Company, Inc. (“WP”) and Pic-kands Mather and Company (“PM”) on June 29, 1984. On April 16, 1985, WP, along with its parent, Wheeling-Pittsburgh Steel Corporation, filed a voluntary Petition under...
Views: 0
ORDER This matter is before the court on appeal by the Teachers Insurance and Annuity Association of America and the College Retirement Equities Fund (hereafter “TIAA/CREF”) from the bankruptcy court’s order of 20 June 1990 in which the court held that funds in two supplemental retirement annuities belonging to the debt- or were property of the estate pursuant to 11 U.S.C. § 541(a). The c...
Views: 0
MEMORANDUM ORDER ALLOWING COWRON & COMPANY CLAIM AND SUSTAINING OBJECTION OF HECK’S, INC. TO FILING OF AMENDED CLAIM This matter is before the Court on the objection of Heck’s, Inc. [Debtor] to the claim of a landlord for damages pursuant to 11 U.S.C. § 502(b)(6) for rejection of a lease. Following authorization by the Court, the Debtor rejected a triple net lease of more than 40,000 squa...
Views: 2
ORDER This action comes before the court as an appeal from an order entered by the United States Bankruptcy Court, Northern District of Texas, Fort Worth Division, the Honorable Massie Tillman presiding. The court, having reviewed appellant’s brief, the record on appeal, and applicable authorities, makes the following determination: Appellant, the United States Trustee, appeals from a bankrup...
Views: 0
*550 MEMORANDUM OPINION ON MODIFICATION OF 11 U.S.C. § 1322(b)(2) CLAIM PURSUANT TO 11 U.S.C. § 506 On September 18, 1990, the Court heard the Motion for Default Judgment filed by Ralph W. Boullion and Ann Elaine Boullion (“Debtors”) against Franklin D. Sapp and Gail C. Sapp (“Defendants”). The Defendants did not appear. Upon the evidence adduced at the hearing, the pleadings of the Debtors, ...
Views: 2
MEMORANDUM OPINION ON FIVE YEAR PLANS PROPOSED IN SERIAL CHAPTER 13 FILINGS On December 13, 1990, the Court held the confirmation hearing ón the Debtor’s Chapter 13 Plan in the above-referenced bankruptcy case. The Chapter 13 Trustee opposed the Debtor’s confirmation as the Debtor had a prior Chapter 13 case which had recently been dismissed for material default in plan payments. The Court has ...
Views: 2
MEMORANDUM OPINION ON MOTION OF RESOLUTION TRUST CORPORATION IN ITS CAPACITY AS RECEIVER OF UNIVERSITY FEDERAL SAVINGS ASSOCIATION FOR RELIEF FROM THE AUTOMATIC STAY BY ANNULMENT AND TO RATIFY THE FORECLOSURE OF REAL PROPERTY A hearing was held, on the Motion of Resolution Trust Corporation (“Movant”) in its Capacity as Receiver of University Federal Savings Association for Relief from St...
Views: 0
AMENDED MEMORANDUM OPINION ON DEBTORS’ OBJECTION TO CLAIM OF UNION FEDERAL SAVINGS BANK Union Federal Savings Bank (“Bank”), assignee of Waterfield Financial Corporation, argues that it is entitled to an unsecured claim for attorney fees incurred pre-petition when it commenced mortgage foreclosure proceedings on the Debtors’ home. The issue here is whether the parties’ pre-petition agreem...
Views: 0
OPINION AND ORDER This matter is before the Court upon Notice of Appeal pursuant to 28 U.S.C. § 158(a). Appellant seeks this appeal from the Opinion and Order on Motion for Summary Judgment entered the 1st day of August 1990. Upon consideration and being duly advised, this Court finds the appeal not well taken and is DENIED. FACTS The pertinent facts are as follows: On...
Views: 0
DECISION ON ORDER FIXING VALUATION OF ALLOWED SECURED CLAIM AND PARTIALLY AVOIDING LIEN This adversary proceeding, which involves the chapter 7 debtors’ complaint to determine the amount of a second mortgage holder’s secured claim and to avoid the unsecured portion of that claim, arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order Of Reference entered i...
Views: 0
DECISION ON ORDER GRANTING MOTION OBJECTING TO ALLOWANCE OF CLAIM OF GENERAL MOTORS ACCEPTANCE CORPORATION This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this *581court by the Standing Order Of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) — matters concerning the administration of the...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO AUTHORIZE SALE OF ASSETS This cause came on to be heard upon Motion for Leave to Sell Estate Assets Free and Clear of Liens pursuant to 11 U.S.C. § 363(b) and (f) (“the Motion”), filed by Donald E. Johnson (“Trustee”), trustee in bankruptcy of the estate of Octagon Roofing (“Debtor”). Objection to that Motion was filed by the NBD Park R...
Views: 1
MEMORANDUM OPINION ON ATTORNEY GENERAL’S MOTION FOR SUMMARY JUDGMENT Plaintiff Neil F. Hartigan, Attorney General of the State of Illinois (“Attorney General”, “Plaintiff”), on behalf of twenty consumers (“Consumers”), moved pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(7) for entry of summary judgment finding nondis-chargeability of debt adjudged by an Illinois Court to be due from Debto...
Views: 2
123 B.R. 605 (1991) In the Matter of Joseph Delynn SMITH d/b/a J.D. Management Services and G.L. Properties, Debtor. R. David BOYER, Trustee, Plaintiff/Appellee v. BAKER & SCHULTZ, INC., Defendant/Appellant. Bankruptcy No. 87-11677, Adv. No. 88-1080, Civ. No. F 90-146. United States District Court, N.D. Indiana, Fort Wayne Division. February 5, 1991. *606 R. David Boyer, Helmke, Beams, Boyer ...
Views: 0
ORDER This matter is before the court on appeal from the bankruptcy court’s order of October 26, 1989, denying the motion for summary judgment filed by Baker & Schultz and granting the motion for summary judgment filed by the Trustee. The summary judgment order instructed the appellant to return $121,345.11 to the Trustee as a preferential transfer pursuant to § 547(b) of the Bankruptcy Code. The...
Views: 0
DECISION This matter is before the court on the debtors’ petition to file reaffirmation agreement post-discharge or alternatively to revoke discharge for the purpose of approving reaffirmation agreements. The motion involves debtors’ obligations to four separate creditors, Peoples Federal Savings Bank, which apparently holds a first mortgage on their residence; Graber Homes, Inc., the sec...
Views: 1
MEMORANDUM In its Motion for Relief from Stay or Adequate Protection (Fil. # 15), plaintiff, Barry J. Nelson, d/b/a B.J. Nelson Transportation, seeks relief respecting two trailers which plaintiff sold to debtor under an oral contract. Plaintiff retained title to the trailers to secure payment of the purchase price. Plaintiff is the registered owner of the trailers on the certificates of ...
Views: 0
MEMORANDUM AND ORDER Before the court is an Application For Interim Fees And Expenses filed by the Debtor’s counsel, Moss & Barnett, brought pursuant to sections 330 and 331 of the Bankruptcy Code. The Application, filed November 9, 1990, requests interim fees of $122,382.85 for 925.15 hours of legal services provided the Debtor for the period July 17,1990 through October 31, 1990 in...
Views: 0
ORDER Upon the written stipulation of all the parties that no improprieties have taken place in this matter, and upon their representations made in open court that all disputes of a judicial nature which may arise in this Chapter 7 proceeding shall be placed only before this court, and it therefore appearing that no order of the court is necessary to insure the proper conduct of the parties, it is...
Views: 0
123 B.R. 623 (1991) In re LENDVEST MORTGAGE, INC., Debtor. Charles E. SIMS, Trustee, Plaintiff, v. Willard and Norma DE ARMOND, Defendants. Bankruptcy No. 1-88-01058, Adv. No. 1-90-0134. United States Bankruptcy Court, N.D. California. February 4, 1991. *624 J. Roland Wagner, P.C., Napa, Cal., for defendants. Steven M. Olson, Geary, Shea, O'Donnell & Grattan, Santa Rosa, Cal., for plaintiff. ...
Views: 0
MEMORANDUM OF DECISION Before its collapse, the debtor operated a mortgage brokerage. Much of its operational financing came from individual investors. In this adversary proceeding, the Trustee seeks to recover as a preference $50,000.00 from defendant investors Willard and Norma De Armond. In 1986, the debtor made a $300,000.00 loan to its president, David Hansen. The loan was secured by a deed o...
Views: 1
*628 OPINION ON CONDITIONS ON EMPLOYMENT OF FINANCIAL ADVISORS I.INTRODUCTION The motions before the Court raise the issue of what conditions should be placed on the employment of investment advisors for the debtor and the committee of unsecured creditors in this case. The Court holds that, while both the' debtor and the creditors committee may employ investment advisor...
Views: 1
MEMORANDUM OF DECISION ON U.S. TRUSTEE’S OBJECTION TO CHAPTER 7 TRUSTEE’S APPLICATION FOR REIMBURSEMENT OF EXPENSES This matter comes before the Court on the Chapter 7 Trustee’s application for re *635 imbursement of expenses (Final Account) and the U.S. Trustee’s objections thereto. The Chapter 7 Trustee seeks reimbursement of expenses in the amount of $432.00. The spec...
Views: 0
MEMORANDUM OPINION AND ORDER This is an appeal from a bankruptcy court order granting a motion to convert this bankruptcy case from a Chapter 11 reorganization to a Chapter 7 liquidation. Debtors Rainsford and Winifred Winslow (Debtors) raise five arguments in favor of reversal. Having considered each, I affirm the bankruptcy court’s conversion order. I. Facts. Debtors f...
Views: 1
ORDER ON MOTION FOR STAY PENDING APPEAL AND MOTION TO RETAIN PROPERTY On February 5, 1991, I issued an order affirming the bankruptcy court’s judgment converting the Debtors’ bankruptcy case from Chapter 11 to Chapter 7. The Debtors have moved for a stay of this order pending their appeal to the Court of Appeals for the Tenth Circuit. Their notice of appeal to the Tenth Circuit was filed on Feb...
Views: 0
INTERLOCUTORY ORDER This cause is heard upon the Plaintiff’s Motion for Summary Judgment asking that the Court find the Defendant, City of Si-loam Springs, Utility Division, (“City”), violated the automatic stay. The Court, having examined the briefs, affidavits and other pleadings makes the following findings of fact: FINDINGS OF FACT December 20, 1989, the Debtors filed for bankruptcy in ...
Views: 1
*653 ORDER REGARDING MICHIGAN NATIONAL BANK’S REQUEST FOR AID IN IMPLEMENTATION AND CONSUMMATION OF CONFIRMED PLAN Background Facts On January 30, 1990, this Court confirmed a plan of reorganization in this case (hereinafter the “Plan”). According to pertinent provisions of the Plan, upon confirmation certain real property, Sooner Road Mobile Home Park (hereinafter “Soon...
Views: 0
ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS IS a Chapter 7 liquidation case, and the matters under consideration are two Motions for Summary Judgment. One is filed by Charles L. Weissing, Trustee (Trustee), the Plaintiff, and the other by American Residential Elevators, Inc. (American Residential), one of the named Defendants in the above-captioned adversary proceeding. The Trustee in his ...
Views: 0
ORDER AFFIRMING BANKRUPTCY COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT FOR DECLARATORY JUDGMENT AND TURNOVER THIS CAUSE comes before the Court upon Appellant, United States of Amer- *662 ica’s, appeal from the Order of the Bankruptcy Court for the Southern District of Florida, 123 B.R. 662. The undersigned finds the United States Supreme Court’s holding in United States v. W...
Views: 1
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT THIS CAUSE came before the Court on November 14 and 28, 1990, upon a motion filed by Dickerson Enterprises, Inc., and Rachel F. Dickerson, Donald F. Dickerson, and J.T. Purdue as co-trustees (the “creditors”), to Alter or Amend the Final Judgment entered by this Court on October 16, 1990, 119 B.R. 874, in favor of Leonardi’s International, I...
Views: 0
ORDER DENYING PLAINTIFF’S MOTION FOR STAY PENDING APPEAL In an interpleader action brought as an adversary proceeding in the Bankruptcy Court, Kemper Life Insurance Co. sought to determine the appropriate beneficiary of a life insurance policy insuring Bernard Lewis. All three Defendants asserted claims to the one million dollar policy. Defendant Suzanne Lewis counterclaimed seeking reformation...
Views: 0
MEMORANDUM OF DECISION AND ORDER AFFIRMING DECISION OF THE BANKRUPTCY COURT AND IMPOSING SANCTIONS ON APPELLANTS AND APPELLANTS’ COUNSEL This case comes before the Court on appeal from an order of the Bankruptcy Court awarding summary judgment to Bank of New England, N.A. For the reasons discussed below, the order of the Bankruptcy Court will be affirmed. In addition, the Court will grant...
Views: 0
DECISION AND ORDER Heard on November 2, 1990, on the “Landlord’s 1 Motion to Estimate Claim” pursuant to Section 502(c), which claim is based upon a fifteen year lease agreement between Emple Knitting Mills, Inc. (the debtor), and the lessor on August 31, 1983. On January 31, 1989, the Trustee of Em-ple rejected the subject lease, and argued that the rejection operated to ...
Views: 2
MEMORANDUM OPINION This opinion concerns a complaint for nondischargeability of a debt of $11,906.02 under § 523(a)(6). A trial was held on September 10, 1990 in which I found that the debtor acted willfully and maliciously, but I deferred ruling until today on whether there was an injury to “property of another” within the meaning of the statute. Facts 1. Plaintiff owned a forest. Plaint...
Views: 0
MEMORANDUM OPINION The Commonwealth of Massachusetts Department of Revenue has filed two proof of claims for unpaid Massachusetts sales taxes that were assessed more than three years before the bankruptcy petition was filed. One claim is secured and in the amount of $60,720.00; the other is unsecured and in the amount of $690.44. The debtor objects to these proof of claims. The question I must res...
Views: 0
ORDER Pending before us is an appeal from the order of the Bankruptcy Court. The issue for our consideration is whether quarterly fees to the United States Trustee (Trustee) must always be assessed against Chapter 11 debtors, even when their cases are suspended and no disbursements have been made. Specifically, we are called upon to interpret 28 U.S.C. § 1930(a)(6) (Section 1930(a)(6)) which prov...
Views: 0
OPINION AND ORDER The issue at bar is whether the Court should approve the compromise settlement as requested by Wadsworth, Inc. (“Wads-worth”). 1 For the reasons stated herein, we do not approve the compromise settlement. The record of this case shows that on August 30, 1990, Wadsworth filed Section 546(b) Notice in Lieu of Seizure to Perfect Vendor’s Lien (docket entry 4...
Views: 0
MEMORANDUM AND ORDER Gates Community Chapel of Rochester, Inc., acting as Debtor-In-Possession, brought this adversary proceeding seeking to set aside two judgment liens and the transfer of its property pursuant to 11 U.S.C. § 547. Summary judgment was granted as to the judgment liens of Geraldine Dennies and Natalie Hopson. The Court reserved decision on the Debtor’s cause of action alleging t...
Views: 0
MEMORANDUM OF DECISION ON RULE 2004 EXAMINATION This contested matter 1 is before us on the motion of FDIC/RTC to participate in future Rules of Practice and Procedure in Bankruptcy Rule 2004 examinations being *704 conducted by DBL, Group Committee, and Inc. Committee, and FDIC/RTC’s request for an order directing DBL, Group Committee, and Inc. Committee to produc...
Views: 2
HEARING ON: ORDER REQUIRING CONTINENTAL AIRLINES, INC., ET AL., TO CURE AND PERFORM AGREEMENTS UNDER SECTION 1110 OF THE BANKRUPTCY CODE The essence of the purpose argument is statutory interpretation and the consideration, if any, that should be given to legislative history. In that context, the Court must look first to the plain language of the statute and interpret it, without being swayed b...
Views: 0
MEMORANDUM OPINION AND ORDER This is a breach of contract action. Gates Engineering Co., Inc. sued Standard Roofing, Inc. to recover $68,674.09 for roofing materials Standard received but for which it did not pay. Standard denies liability, claiming that inventory it still possesses should be credited against monies it owes Gates. Standard also counterclaims against Gates for breach of contract an...
Views: 0
MEMORANDUM The issues contained and resolved herein arise from the appeal by defendants, Commonwealth of Pennsylvania Department of Transportation and Howard Yerusalim, Secretary of Transportation, of three orders of the United States Bankruptcy Court in favor of the plaintiff, Fred J. Szostek. The plaintiff has filed a motion requesting this Court to dismiss that appeal as it pertains to...
Views: 0
ORDER IMPOSING SANCTIONS AND NOW, this 28th day of June, 1990, upon observing that Vito F. Canuso, Jr., Esquire (“Canuso”) failed to appear at the hearing of June 26, 1990, continued by Ca-nuso’s agreement to that date from May 31, 1990, to determine what defenses, if any, Canuso has to the charge of contempt of this court, which appears to be both civil and criminal, for failing to comply with...
Views: 1
MEMORANDUM AND ORDER Now before the Court are Objections to the Bankruptcy Court’s Findings and/or Conclusions which impose sanctions on the attorney for the trustee in the above captioned matter (the “Attorney”). These Objections have been filed pursuant to Rule 9033(b) of the Bankruptcy Rules. For the reasons stated below, this Court will affirm the Bankruptcy Court’s ruling. FACTU...
Views: 1
MEMORANDUM Before us is a Motion of Defendants PHILADELPHIA HOUSING AUTHORITY, SHARON M. BEMBERY, PHYLLIS FORD, HOLLAND BROWN, and JOHN PAONE (hereinafter collectively referred to as “the PHA”) seeking to dismiss the Complaint of the Plaintiff-Debtor, SHEILA WESTBROOK (“the Debtor”), under Bankruptcy Rule (“B.Rule”) 7012(b) and Federal Rule of Civil Procedure 12(b) on the ground of ...
Views: 2
OPINION AND ORDER This case comes upon the trustee’s objection to the debtor’s claim of exemptions in two Employee Retirement Income Security Act (hereinafter “ERISA”) 29 U.S.C. § 1001 et seq. qualified pension plans. Thanks to the commendable efforts of counsel, all relevant facts have been determined by stipulation. STIPULATED FACTS On June 22, 1990 Dr. Ronald J. Wy...
Views: 0
MEMORANDUM OPINION This matter is before the court on a motion to lift the automatic stay imposed 11 U.S.C. § 362(a). The question to be decided is whether the filing of a bankruptcy petition by a general contractor operates to stay a mechanic’s lien enforcement action brought by a subcontractor if the general contractor is not the owner of the real property against which the lien is pend...
Views: 0
MEMORANDUM OPINION This matter is before the court on the motion of Gary and Barbara Tarpley, debtors, to avoid a judgment lien pursuant to 11 U.S.C. § 522(f). FACTS The debtors filed a petition under Chapter 13 of the Bankruptcy Code on March 19, 1990. They own a home in the City of Martinsville, Virginia. The house is assessed for 1990 tax purposes at $29,700.00 by the City of Martinsville. Mr. ...
Views: 0
ORDER GRANTING MOTION TO LIFT STAY On the 21st day of June, 1990, came on for hearing the Motion Requesting Relief from Stay filed by NCNB Texas National Bank by and through its attorney of record, Haynes and Boone and Response to said Motion filed by Debtor, Brighton Company, by and through its attorney or record, Truman & Spicer, in the above-styled and numbered case. The Court reserved ruling,...
Views: 0
MEMORANDUM OPINION ON MOTION OF MASS MERCHANDISERS, INC. FOR RELIEF FROM THE STAY Pursuant to Bankruptcy Rule 7052, following are the Court’s Findings of Fact and Conclusions of Law in connection with the motion by Mass Merchandisers, Inc. (“MMI”) for relief from the stay: The stay will lift to allow the setoff prayed for. MMI is a supplier of non-food inventory to the member st...
Views: 1
MEMORANDUM OPINION RE: DEBTORS’ ELIGIBILITY FOR CHAPTER 12 RELIEF Onalee Kervin and Cozette McCormick (the “Creditors”), creditors of Otto R. Voelker and Anita C. Voelker (the “Debtors”), filed a Motion to Dismiss the Debtors’ Chapter 12 case pursuant to § 1208(c) on the ground that the Debtors are not family farmers and are therefore ineligible for Chapter 12 relief. After a hearing, the...
Views: 0
OPINION RESOLVING ENTITLEMENT TO CHAIRLIFT SALE PROCEEDS INTRODUCTION In this contested matter, three creditors are fighting over sale proceeds from a ski chairlift. Although the parties have attempted to settle this matter, this has not been possible. The Court will therefore grapple with the issues and render a decision. The issues presented are many. Was the chairlift a fixtu...
Views: 1
MEMORANDUM OF DECISION This matter comes before the court on a Motion for an Accounting and for an order that the trustee pay over moneys collected. The motion is brought by Peoples Savings and Loan Company of Bucyrus, Ohio (Peoples). Peoples was the holder of a first mortgage on certain real property of Wayne Daryl Pfleiderer and Laura Mae Pfleiderer (Debtors). A clause in the mortgage provi...
Views: 1
ORDER This cause comes before the Court on the parties Cross Motions for Summary Judg *772 ment. A Pre-Trial was held on the Debt- or’s Complaint for Violation of Bankruptcy Discharge and the parties agreed to submit this matter to the Court upon the record and the written arguments of counsel. The Court has reviewed the exhibits and the written arguments of counsel, as well as the entire rec...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court on the Debtor’s Memorandum in Support of Disal-lowance of Post-Petition Interest on Unsecured Claim of United States of America, Internal Revenue Service. No written arguments were filed by the Internal Revenue Service. The Court has reviewed the Debtor’s Memorandum, as well as the entire record in this case. Based on that review, a...
Views: 0
*777MEMORANDUM OPINION AND ORDER This cause comes before the Court on Plaintiffs Complaint requesting that the Defendant be denied a discharge in bankruptcy and/or it be determined that certain alimony obligations be declared nondis-chargeable. A pre-trial was held on the complaint and a trial date was scheduled. This date was subsequently vacated and the parties have agreed to submit only the iss...
Views: 0
MEMORANDUM OF OPINION AND ORDER In this adversary proceeding the Plaintiff, Ameritrust Company, N.A (Ameri-trust) filed its complaint to obtain a determination of dischargeability of certain debts allegedly owed it by Joel A. Rudicil (Debtor). After due notice to all entitled parties, the matter was tried to the Court. Upon an examination of the testimony adduced, arguments of counsel, the evid...
Views: 2
DECISION ON ORDER DENYING MOTION FOR ADDITIONAL TIME This proceeding, which arises under 28 U.S.C. § 1334(b) in a case referred to this court by the Standing Order Of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O), in which a creditor, 801 Credit Union, by and through its counsel has filed a request for add...
Views: 1
123 B.R. 784 (1991) In the Matter of June A. ABBOTT, Debtor. Jeffrey A. TESSEL, Plaintiff, v. FIFTH THIRD BANK, et al., Defendants. Bankruptcy No. 1-89-05163, Adv. No. 1-90-0091. United States Bankruptcy Court, S.D. Ohio. January 31, 1991. *785 Jeffrey Tessel, Cincinnati, Ohio, pro se. Margaret Burgin, Cincinnati, Ohio, Grace Thompson, Hamilton, Ohio, for defendants. ORDER J. VINCENT AUG, Jr., B...
Views: 0
ORDER This case is before the Court pursuant to the Plaintiff’s Complaint for a Turnover Order against defendants, Fifth Third Bank and June A. Abbott (Doc. 1); The Debtor’s Answer to the Complaint for a Turnover Order (Doc. 6); Fifth-Third’s Answer to the Complaint for a Turnover Order (Doc. 8) and the briefs submitted by the parties. The Court has jurisdiction pursuant to 28 U.S.C. § 1334(b) an...
Views: 1
123 B.R. 788 (1991) In the Matter of William SAMS, Debtor. George W. LEDFORD, Trustee and William Sams, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, State Farm Mutual Automobile Insurance Company, Timothy Kelhoffer, John Tiedge, John A. Smalley and Young & Alexander Co., L.P.A., Defendants. Bankruptcy No. 3-88-04283, Adv. No. 3-89-0334. United States Bankruptcy Court, S.D. Ohio, W.D. ...
Views: 0
DECISION ON ORDER DENYING MOTION FOR PROTECTIVE ORDER AND ORDERING OTHER MATTERS This proceeding, which arises in a case referred to this court by the Standing Order of Reference entered in this district on July 30, 1984, is determined to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B), and (O). The specific issues before the court are presented by the defendants’ State Farm Fire a...
Views: 0
OPINION AND ORDER ON MOTIONS FQR SUMMARY JUDGMENT This proceeding is before the Court for the disposition of two Motions for Summary Judgment filed by the Plaintiff, West-chester Enterprises, Inc. (hereinafter “Westchester”) and one of the Defendants, Mercor, Inc. fka Diversified Business Ventures, Inc. (hereinafter “Mercor”). West-chester filed an adversary proceeding against Frank and Mary Ly...
Views: 1
MEMORANDUM The issue is whether Third National Bank received a preference when it was *803 extracted from the debtors’ check kiting scheme during the 90 days before this involuntary bankruptcy. Third National Bank received an avoidable preference. The following are findings of fact and conclusions of law. Bankr.R. 7052. I. Eddie Montgomery was a lawyer. Through his ...
Views: 0
*818 MEMORANDUM OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I) challenges the dis-chargeability of a specific debt to the plaintiff under 11 U.S.C. §§ 523(a)(2)(A) and (a)(4). For purposes of this opinion, the Court will only consider § 523(a)(4), and the Court concludes that the subject debt in the p...
Views: 1
ORDER In this bankruptcy appeal, appellants Earl and Martha Bowers (the “Bowers”) challenge the authority of the bankruptcy court to preside over a jury trial. The appellee, Bowers-Siemon Chemicals Company (“Bowers-Siemon”), raises an objection to the appellate jurisdiction of this court. For want of a final appealable order entered by the bankruptcy court, this appeal is dismissed. ...
Views: 2
DECISION This case involves the common but unfortunate combination of bankruptcy and divorce. The facts are undisputed and both parties agree that it can be decided on summary judgment. Bankruptcy Rule 7056. This is a core proceeding under 28 U.S.C. § 157(b)(2). The debtor, former husband of the defendant, filed this adversary proceeding to determine the dischargeability of an award of a port...
Views: 0
MEMORANDUM OPINION AND ORDER Defendant Taracorp Industries, Inc. (Ta-racorp) seeks dismissal from this suit by the United States for recovery of response costs incurred by the government pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607. Taracorp brought this motion under Fed.R.Civ.P. 12(b)(6); but, having introduce...
Views: 2
MEMORANDUM ORDER AUTHORIZING EMPLOYMENT OF PROFESSIONAL PERSONS The above-entitled matter came on for hearing before the undersigned on the 13th day of November, 1990 on applications of the debtor in possession (the “Debtor”) un *840 der 11 U.S.C. § 327(a) for orders authorizing it to employ Michael LeBaron and Lar-kin, Hoffman, Daly & Lindgren, Ltd. as its attorneys and Buan...
Views: 0
ORDER DENYING DEBTORS’ MOTION TO AMEND ORDER DIRECTING PAYMENT OF DISPOSABLE INCOME AND DENYING FARM CREDIT BANK’S MOTION TO AMEND PLAN The matter before the Court is the motion seeking amendment of this Court’s order directing payment of disposable income, filed by debtors on October 29, 1990, and the related motion to amend the debtors’ Chapter 12 plan, filed by Farm Credit Bank on November 9...
Views: 0
MEMORANDUM AND ORDER DENYING OBJECTION AND ALLOWING CLAIM OF INTERNAL REVENUE SERVICE I. INTRODUCTION Debtor in this Chapter 11 proceeding has objected to the claim filed by Internal Revenue Service in the amount of $69,561.53. Such claim represents amounts allegedly due for withholding and FICA taxes, FUTA taxes, and miscellaneous penalties and interest for periods beginning in 1985 and running ...
Views: 0
MEMORANDUM This is an action to determine the validity, priority or extent of a lien in $3,917.02 of proceeds from the sale of corn. The defendant, Bank of Brainard, holds possession of the funds which plaintiff, debtor, asserts should be turned over to him. The parties have submitted this matter to the court for decision upon a stipulation of facts. Debtor filed a bankruptcy case un...
Views: 0
MEMORANDUM This is an action by the debtor, Milo Smith, to determine the validity, priority or extent of the defendant, Ruthelma Smith’s interest in payments to be made under a land sale contract. Her interest, which was obtained in connection with her divorce from the debtor, is also sought to be avoided under 11 U.S.C. § 544. The parties have submitted this matter to the court for decision upon ...
Views: 0
MEMORANDUM OF DECISION The above-captioned chapter 11 case was commenced on September 10, 1990. On October 24, 1990, without obtaining relief from the automatic stay, the Internal Revenue Service (the “IRS”) issued two summonses (the “Summonses”) pursuant to 26 U.S.C. § 7602 directed to Wells Fargo Bank, N.A. (“Bank”), requesting the production of certain bank records. 1 One ...
Views: 0
MEMORANDUM OF OPINION RE CONFIRMATION OF PLAN The Debtor, Geraldine Becker Smith, asked me to confirm her plan of reorganization which provides, in part, that the claims of creditors Neal and Patricia Rief-fanaugh (hereafter the Rieffanaughs) are disputed and that the Rieffanaughs are to receive no money or other property from the bankruptcy estate on account of their claim, though other ...
Views: 0
MEMORANDUM OPINION RE PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF THE PROCEDURAL SUMMARY In simple terms, I have before me the Debtors’ motion for a temporary restraining order (hereinafter “TRO”) and their motion for relief from prior orders granting First American Capital Bank (hereinafter “the Bank”) relief from the automatic stay in two related bankruptcy cases. Ba...
Views: 0
MEMORANDUM DECISION The matter before this court is the objection of Security Pacific National Bank (“SPNB”) to the priority claim under 11 U.S.C. § 507(a)(7)(B) of San Diego County (“the County”) for 1984 escaped property taxes. This court has jurisdiction under 28 U.S.C. § 1334, 28 U.S.C. §§ 157(a) and (b), and General Order No. 312-D of the United States District Court, Southern Distri...
Views: 0
ORDER AFFIRMING ORDER DENYING DISCHARGE, AFFIRMING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND AFFIRMING MEMORANDUM DECISION AND ORDER RE: MOTION FOR RECONSIDERATION I. Introduction This is an appeal from an order denying discharge entered on December 4, 1989, *883together with the accompanying findings of fact and conclusions of law, as well as from the denial of the motion for reconsideration o...
Views: 0
ORDER In this adversary proceeding, the following matters are pending: 1. The standing of the Chapter 12 Trustee to bring this action under §§ 544 and 548 of the Code; 2. Defendants’ Motion to Dismiss; and 3. Plaintiff Trustee’s Motion for Summary Judgment. 1. Trustee’s Standing. This adversary proceeding seeks to avoid certain alleged fraudulent transfers between Chapter 12 Debtors, family member...
Views: 0
MEMORANDUM DECISION AND ORDER Before the court are cross-motions for summary judgment and the Internal Revenue Service’s (IRS) alternative motion for dismissal of the complaint. The IRS levied First Centennial Title which was handling the escrow for a sale of Video Gaming, Inc. (VGI) property. The IRS agreed to release the levy on the condition that $36,657.99 be placed in an interest bearing...
Views: 0
DECISION AND ORDER This matter is before the Court on cross motions for summary judgment in the within adversary proceeding in which the plaintiff/debtor, Hampden Center, Ltd., seeks a determination of the extent, validity and priority of lien, pursuant to 11 U.S.C. § 506, and to avoid lien pursuant to 11 U.S.C. § 544(a). The parties entered into a Joint Statement of Stipulated Facts, as well as a...
Views: 0
DECISION AND ORDER Heard on the Trustee’s complaint to recover $125,000 from the defendant, A.B. Hirschfeld Press, Inc. (“Hirschfeld”), as an alleged § 547(b) preferential transfer. At issue is whether four payments 1 totaling $125,000 made by Buyer’s Club Markets, Inc. (“Buyer’s Club”), to Hirschfeld, 2 within the 90 days preceding the debtor’s Chapter 11 filing were preferential transfe...
Views: 3
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Trustee’s Motion to Disqualify Former Blinder Robinson Attorneys, Kalmon Glovin, Nathan Davidovich, John Winston, Thomas Orrell, and Greg Gerganoff (collectively the “Attorneys”) filed November 1, 1990. The Trustee seeks to disqualify the Attorneys from representing Intercontinental Enterprises, Inc. (“IEI”), a current...
Views: 0
ORDER This matter is before the Court on the recommendation of the bankruptcy judge that this claim be remanded to state court (Doc. # 4), the debtor’s objection (Doc. # 5), and the creditor’s response to the objection (Doc. # 6). After due and careful consideration of the recommendation, the objections, and the file the Bankruptcy Judge’s recommendation is ADOPTED. Accordingly, it is ORDERED t...
Views: 0
ORDER ON OBJECTION TO THE APPLICATION OF OFFICIAL ASBESTOS PERSONAL INJURY CREDITORS COMMITTEE TO EMPLOY CAPLIN & DRYSDALE AND RYDBERG, GOLDSTEIN & BOLVES THIS CAUSE came on to be heard upon the U.S. Trustee’s Objection to the Application of Official Asbestos Personal Injury Creditors Committee to Employ Caplin & Drysdale (C & D) and Rydberg, Goldstein & Bolves (RGB) as legal counsel (C &...
Views: 2
ORDER ON DEFENDANTS’ MOTION TO DISMISS THIS CAUSE came on to be heard upon First Union National Bank of Florida and First Union Mortgage Corporation’s (First Union) Motion to Dismiss Complaint of the Official Committee of Unsecured Creditors of the Florida Group, Inc. (Creditors Committee). The Creditors Committee filed a one count, multi-paragraph complaint seeking equitable subordination of F...
Views: 2
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, FIRST UNION NATIONAL BANK OF FLORIDA This adversary proceeding came on for consideration of the motion for summary judgment filed by the defendant, First Union National Bank of Florida. This is a proceeding filed by the successor personal representative of a decedent’s estate against several defendants, including the bank. Among other t...
Views: 0
ORDER DISMISSING CHAPTER 11 PETITION THIS MATTER came before the Court for hearing on January 2, 1991 on the Motion to Dismiss the Petition of Panache Development Company, Inc., (“Debtor”) filed by RLS Ventures, Inc. (“RLS”), and after proper notice and hearing, the Court having observed the candor and demeanor of the witnesses, examined the exhibits placed into evidence, having heard the...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Daniel L. Bakst (the “trustee”) against Mary Griffin (the “co-owner”) for determination, partition, and sale of the respective interests of Wunita L. Griffin (the “debtor”) and the co-owner in real property pursuant to 11 U.S.C. § 363(h) and the Court having heard the testimony, examined ...
Views: 0
OPINION Atlantic Realty Trust (“Atlantic”), one of the affiliated chapter 11 debtors in these administratively consolidated proceedings, moves for authority to disburse to itself the balance of proceeds from the sale of real estate located at Lot 62, Hayward Glen, Millbury, Massachusetts. Federal Deposit Insurance Corporation (“FDIC”) objects on the ground that Atlantic’s ownership is sub...
Views: 3
The plaintiff, Bank of India (hereinafter “the Bank” or “Plaintiff”) moves for summary judgment pursuant to Fed.R.Civ.P. 56, made applicable to this proceeding by Bankruptcy Rule 7056, denying the debtor Moti Sapru (hereinafter “the Debtor”) his discharge pursuant to 11 U.S.C. § 727(a)(4)(A). The Debtor cross-moves for summary judgment to dismiss the Plaintiffs complaint for failure to state a ...
Views: 0
Before this Court is the appeal of plaintiff-appellant, Bruce D. Scherling, bankruptcy trustee of Eljay Jrs., Inc. (“Trustee”), from an order of the Honorable Howard C. Buschman III, United States Bankruptcy Judge, dismissing a complaint filed by the Trustee which alleged that certain transfers made by plaintiff Eljay Jrs., Inc., (“Eljay”) to the estate of defendant Louis J. Mallas (“Mallas Est...
Views: 0
*971 OPINION AND ORDER This matter comes before the Court to consider the consolidated appeal from the ruling of the bankruptcy court below by the appellants, Amerifirst Federal Savings Bank (“Amerifirst”). This Court has jurisdiction to hear appeals from final judgments, orders, and decrees of bankruptcy judges. 28 U.S.C. § 158(a) (1988); Bankr.R. 8001. The appellees in thi...
Views: 0
MEMORANDUM I. INTRODUCTION Technology for Energy (TEC) is the debt- or in a Chapter 11 bankruptcy case. Before its bankruptcy, TEC agreed to build a radiation monitoring system for a nuclear power plant that the plaintiffs, Bechtel and Public Service, were building in New Jersey. The parties made the contract in the form of two purchase orders; TEC was the seller; Bechtel and Public ...
Views: 0
ORDER This matter came before the Court for hearing on the 21st day of November, 1990, on objection by the Debtor to the filed administrative expense claim of St. Louis Development Partners (Claimant), resulting from the post-assumption breach of an unexpired lease. Appearances are as noted on the record. The Court, having heard and received arguments of counsel, and now being fully advis...
Views: 0
MEMORANDUM DECISION ACTION This decision adjudicates objections filed to the Chapter 7 Trustee’s notice of proposed action to sell real property free and clear of liens and encumbrances. The action pits two different bodies of federal law against each other: bankruptcy law and U.S. Department of Agriculture loan subsidies. After- analyzing relevant provisions of the Bankruptcy Code a...
Views: 0
PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION PURSUANT TO BANKRUPTCY RULE 5011 ON MOTION TO ABSTAIN THE MATTERS under consideration are raised in several not-yet-consolidated Chapter 11 cases filed by Hillsborough Holdings Corporation (HHC), the parent of Walter Industries and 30 of its subsidiaries, all of whom seek relief under Chapter 11 of the Bankruptcy Code. The i...
Views: 1
ORDER This matter is before the Court on the objections filed by certain Asbestos Defendants to the Bankruptcy Court’s April 13, 1990 Proposed Findings of Fact, Conclusions of Law and Recommendation Pursuant to Bankruptcy Rule 5011 on Motion to Abstain (Recommendation), 123 B.R. 1004, and the respective responses of the Debtors Hillsborough Holdings Corporation (HHC) and others, the adversary p...
Views: 0

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up