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All Reporters → br → Volume 126

Opinions in br Volume 126

MEMORANDUM OPINION This case comes before the Court on appeal from a decision of the Bankruptcy Court. The appellee, 1301 Connecticut Avenue Associates (“Associates”), has filed a voluntary petition for protection under Chapter 11. One consequence of this petition is an automatic stay of actions by creditors. In an Amended Decision filed on August 14, 1990, the Bankruptcy Court denied a m...
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MEMORANDUM OF DECISION The Chapter 7 trustee has objected to the claim of Gary Gosselin (“Gosselin”), a former employee of Maine Built Homes, the debtor’s pre-petition sole proprietorship. Gosselin filed a proof of claim asserting priority under 11 U.S.C. § 507(a)(3) for $28,325.34 in workers’ compensation benefits due to him on account of a work-related injury he sustained on November 20, 1986...
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OPINION AND ORDER Maria Luisa Contreras, Esq. as an Independent Fiduciary, appointed by the U.S. District Court for the District of Puerto Rico to protect the interests of the Pension Fund of the Teamster’s Union, filed a Motion Requesting Order (docket entry 29). The gist of this request is that Movant needs an order authorizing a Motion for Abandonment filed by the Trustee so it may continue wi...
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OPINION AND ORDER The matter pending before the Court is whether creditors Nelson and Elizabeth Torres are entitled to the payment of interest on Claim # 13, and the applicable interest rate.1 Pursuant to Debtor’s request for a valuation of claim # 13, we held an evidentiary hearing.2 The parties have agreed to the following facts: “a. That on July 22, 1980, Nelson Torres Ruiz and Adrián Bonilla M...
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DECISION AND ORDER DENYING MOTION TO DISMISS Heard on December 18 and 19, 1990, and January 9, 1991 on the motion of Bank of New England/Old Colony (BNE) to dismiss the Debtor’s Chapter 11 case, and on the Debtor’s objection. 1 The Debtor filed its Chapter 11 petition on October 24, 1990, listing secured debt of $2,394,000; taxes of $77,872.14; unsecured debt of $86,568; and ...
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MEMORANDUM OF DECISION RE: OBJECTION TO REQUEST FOR APPROVAL OF STIPULATION DEALING WITH USE OF RENTS I. ISSUE The question presented is whether in Connecticut a mortgagee of realty holding a recorded mortgage and assignment of rents to secure the payment of the mortgage obligation has, through such recording, a fully perfected interest in the rents enforceable after the mortgagor files a b...
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DECISION ON MOTION FOR AN ORDER AUTHORIZING REJECTION AND TERMINATION OF CERTAIN EMPLOYEE BENEFIT AND COMPENSATION AGREEMENTS The above-captioned Chapter 11 debtors have moved pursuant to 11 U.S.C. § 365 to reject and/or terminate the debtors' Executive Medical Plan (the “EMP”). Significantly, the debtors contend that 11 U.S.C. § 1114 does not apply because; (1) the contracts providing for the ...
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DECISION ON MOTION FOR AN ORDER DISMISSING COMPLAINT The trustee in bankruptcy in this voluntary Chapter 7 case filed by the debtor, Joseph L. Grabowski, has commenced an adversary proceeding pursuant to 11 U.S.C. § 363(h) to sell a parcel of developed residential real estate which the trustee claims is owned by the debtor and his nondebtor wife as tenants by the entirety. The debt- or resists th...
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Both parties request declaratory relief pertaining to what part, if any, of debtors’ post-petition short-term debt arising before the discharge date was discharged. A review of the record indicates that all post-petition debt was discharged. Horace and Charlotte Conway filed a Chapter 13 petition and proposed plan on December 6, 1982. The plan proposed a total monthly payment of $830 and listed...
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OPINION This case comes before the court upon motion of the debtor for entry of an order directing it to turn over proceeds from the sale of certain personal property to Summit Trust Company, a secured creditor in this case. Subsequent to the filing of the motion and responses thereto, and a hearing on the motion and responses, this court, pursuant to separate motion, converted the case from on...
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MEMORANDUM AND ORDER Presently before the Court are defendant India Exotics’ (“India”) Motion to Withdraw 1 Adversary Action No. 90-2447, and *36 plaintiff Reading China & Glass Company’s (“Reading”) response. 2 For the following reasons, defendant’s Motion is DENIED. I. FACTUAL BACKGROUND On March 28, 1990, Reading filed a petition for Chapter...
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OPINION A. INTRODUCTION The instant contested matter presents the issue of whether an arrangement by which a dentist operated an oral surgery clinic for the Debtor-hospital rendered the unpaid pre-petition sums due to the dentist under the parties’ “employment agreement” to be “wages, salaries, or commissions” entitled to a priority under 11 U.S.C. § 507(a)(3). We conclude that the D...
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MEMORANDUM OPINION AND ORDER DENYING APPLICATION TO APPROVE APPOINTMENT OF ATTORNEY I. On November 16, 1990, attorney J. Michael Hill filed this bankruptcy case on *44 behalf of the debtor, Doors and More Inc. 1 On January 22, 1991, Hill filed an application for an order authorizing the debtor to retain him, accompanied by a “Biography of J. Michael Hill, P.C....
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MEMORANDUM OF OPINION AND ORDER AFFIRMING BANKRUPTCY COURT The above-captioned case is an appeal from a final order of the bankruptcy court. The bankruptcy court held that an Internal Revenue Service (“IRS”) claim for 1984 FUTA taxes was not a proper amendment to its earlier timely filed claim; and that other IRS administrative expense claims for taxes, which arose in a superseded Chapter...
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*52MEMORANDUM OF OPINION AND ORDER I. The matter before the Court is the motion of the United States Trustee (UST) to dismiss the above-styled Chapter 11 proceeding or in the alternative to convert to a Chapter 7. Upon review of the pleadings, argument of counsel, and the record, generally, the motion is granted and the case dismissed. II. On January 11, 1991, Child Life, Inc. (Debtor) caused to b...
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MEMORANDUM OPINION On February 7, 1987, Kathleen Zlogar (“debtor”) filed a Chapter 7 bankruptcy petition. Zlogar’s only asset at issue here is an undivided one-half interest in her residence, the value of which was stipulated at $40,000 on February 27, 1987. There also exists competing liens on this interest which exceed $40,000. On May 12, 1987, the bankruptcy trustee filed a “no-asset” ...
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OPINION On January 8, 1988, the Debtor sold his property and casualty insurance business to the R.A. Reynolds Agency, Inc. (REYNOLDS) for $36,600.00. On or before January 29, 1988, $20,000.00 was paid and an additional principal payment of $8,500.00 plus $1,575.00 for interest was paid on January 10, 1989. The final principal payment *59of $9,100.00 and $819.00 for interest was due on January 10, ...
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ORDER Before the court is a Motion filed by Resolution Trust Corporation (RTC) seeking a stay of all proceedings presently pending in the above-captioned bankruptcy case and in which United Federal Savings Bank of Iowa is a party. The stay is sought specifically with regards to four matters presently pending in connection with the above-captioned case and in which United Federal Savings Bank Asso...
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126 B.R. 63 (1991) In re Jack FRIEDMAN, Debtor. Jack FRIEDMAN, Appellant, v. SHEILA PLOTSKY BROKERS, INC., et al., Appellees. BAP No. CC-90-1312-VOJ, Bankruptcy No. LA 87-08173-LF and Adv. No. LA 87-02177-LF. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted October 19, 1990. Decided April 10, 1991. *64 David Weinstein, Los Angeles, Cal., for appellant. Robert P....
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OPINION VOLINN, Bankruptcy Judge: Appellant/debtor Jack Friedman invested in Texas real estate over a period of five years with the assistance of appellee real estate brokers. Friedman became indebted to appellees on a debt secured by a deed of trust to Friedman’s real property. Appel-lees recorded the deed of trust five months after its execution. Appellant filed his Chapter 11 bankruptcy petiti...
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OPINION The captioned case came before the court on January 31, 1991, for hearing on the motion of Olde Salem, Ltd., for an order prohibiting the debtor from using alleged cash collateral, being the rents of debtor’s apartment building. The motion is based upon a rental assignment given by the debtor to Olde Salem. The question presented is whether the subject rents are cash collateral wi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING THE RTC’S MOTION TO DISALLOW PAYMENT OF CONTINGENT ENHANCEMENT FEE TO LANDMARK COMMERCIAL CORPORATION At Phoenix, in this District, this matter having come before the Court for a hearing on March 5, 1991, on a motion filed by the Resolution Trust Corporation (the “RTC”), as conservator for Lincoln Savings & Loan Association, F.A., to disallo...
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OPINION Before the Court is the motion of Technology Funding Secured Investors I (“TFSI”) for the allowance and payment of a claim which it asserts is a superpriority administrative claim pursuant to 11 U.S.C. § 507(b). The Chapter 7 Trustee (“Trustee”) has objected to the motion on the ground that the claim of TFSI should not be classified as a superpriority claim. The Trustee argues alt...
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*88 OPINION I. INTRODUCTION. Before this Court is an objection by the Chapter 11 Trustee (“Trustee”) to the administrative claim of John Arrillaga and Richard Peery (“Lessors”), lessors of real property to Debtors Daisy Cadnetix Inc. and Daisy Systems Corporation (“Daisy”). The Official Unsecured Creditors’ Committee (“Committee”) joins in the objection. For the reasons here...
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ORDER In this Chapter 7 case, a hearing was held January 17, 1989, on the Trustee’s Objections to the Debtors’ claim of exemptions. The Trustee objects to the Debtors’ claim of exemption in a Freuhauf trailer, an IHC Payloader, a Hale stock trailer, a 1966 GMAC truck, a 1980 International Harvester truck, the Debtors’ homestead and to the validity of the lien of James Neutgens. The Debtors resi...
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*95 ORDER This matter is before the Court upon the disbursing agent’s objection to tax claims of the Internal Revenue Service (IRS) and the IRS’s response thereto. The parties represented to the Court that no facts are in dispute and thus, the matter was submitted on the briefs of the parties. The debtor filed a reply brief in support of the IRS’s position. All facts have be...
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MEMORANDUM AND ORDER These are bankruptcy appeals brought by two law firms from an order denying their motions to reconsider an earlier order that had disallowed a particular amount or percentage of their requested fees. Because the issues are similar in both ap? peals, the court consolidates them for purposes of entering this order. This Chapter 11 bankruptcy was filed by the debtor...
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MEMORANDUM OPINION This matter came before the Court on the trustee’s objection to the debtors’ claim of exemptions. The parties agreed that there were no facts in dispute and that the Court could render a decision based solely on the briefs submitted by the parties. Having considered the briefs, the applicable law, and being otherwise fully informed and advised, the Court finds that the objec*109...
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ORDER ON MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM AND TRUSTEE’S OBJECTION TO CLAIM THIS IS a Chapter 7 case, and the matter under consideration is Net Realty Holding Trust’s (Net Realty) Motion for Allowance of Administrative Expense Claim and the Trustee’s Objection to Claim No. 54 filed by Net Realty. Net Realty seeks an order allowing as an administrative expense its claim in the...
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ORDER ON EMERGENCY MOTION TO DISMISS THIS is a Chapter 7 liquidation case filed by Verona/ Green, a Florida general partnership (Verona/Green). The matter under consideration is an Emergency Motion To Dismiss this Chapter 7 case filed by Lois Verona (Mrs. Verona). Mrs. Verona seeks a dismissal of this Chapter 7 case on dual grounds: 1) it is contended by Mrs. Verona that Verona/Green is n...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION This is a Chapter 7 case and the matter under consideration is the second phase of a bitter contest between Constance Hall (Plaintiff) and her former husband, Clifford G. Hall (Debtor). In Count I of the Amended Complaint, Mrs. Hall asserted a claim of nondischargeability based on § 523(a)(5) for the sum of $205,153.14 based on a...
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ORDER ON MOTION TO DISMISS OR MOTION TO ABSTAIN THIS IS a yet to be confirmed Chapter 11 case and the matters under consideration are two Motions filed by Sonora Associates, Ltd. (Sonora) in the above-captioned adversary proceeding. Sonora seeks a dismissal of the Complaint filed by Bicoastal Corporation, d/b/a Simuflite, f/k/a The Singer Company (Debtor) or, in the alternative, seeks an order of ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 case and the matter under consideration is a Complaint to determine the dischargeability of a debt due and owing by Dennis E. Wilson and Susan J. Wilson (Debtors) to Communications Family Credit Union (Credit Union) pursuant to § 523(a)(2)(A) and § 523(a)(6) of the Bankruptcy Code. Count I of the Complaint has been ...
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ORDER DENYING MOTION FOR CONTINUING POST-JUDGMENT WRIT OF GARNISHMENT AND GRANTING MOTION FOR DISSOLUTION OF WRIT OF GARNISHMENT THIS CAUSE came on for consideration upon a Motion for Continuing Post-Judgment Writ of Garnishment filed by Plaintiff, MDFC Equipment Leasing Corp., and a Motion for Dissolution of Writ of Garnishment filed by Defendant, Lawrie B. Glickman. The Court reviewed the Mot...
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MEMORANDUM DECISION This matter came before the Court on the Trustee’s objection to the Debtor’s claimed Homestead exemption of certain real estate pursuant to Article 10 Sec. 4 of *128 the Florida Constitution. Pursuant to Bankruptcy Rule 4003(c), the objecting party has the burden of proof to show that the Debtor is not entitled to the claimed exemption. The property consists of a single ...
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DECISION REGARDING LANDLORD’S LATE CHARGES AND TIMING OF PAYMENT In a prior decision, the court held that the amount owed Annandale Office Center Limited Partnership for administrative rent is fixed by the terms of the lease. 125 B.R. 328. The court now has under consideration the troublesome question whether a late charge of 1% per day, capping at 30%, ought to be allowed the landlord on its a...
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*132 MEMORANDUM OF DECISION ON MOTIONS OF HENRY B. WYNN AND ALBERT WYNN TO DISMISS PETITION FILED UNDER CHAPTER 11 AND TO DISMISS ADVERSARY PROCEEDING Henry B. Wynn and Albert Wynn have moved to dismiss the above-captioned Chapter 11 case and adversary proceeding on the grounds that Debtor’s Chapter 11 petition was filed in bad faith and without proper authority.' The Debtor and Flexco Compan...
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MEMORANDUM AND ORDER ON CONFIRMATION OF CHAPTER 13 PLAN The debtor seeks confirmation of its chapter 13 plan. For the reasons that follow, confirmation is denied. I. On May 24, 1987, the debtors purchased as their principal residence real property located at 135 Clover Hill Avenue in Bridgeport, Connecticut (the “residence”). To finance the purchase, the debtors gave Comfed Mortgage Co., In...
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DECISION ON FEE APPLICATION Special Counsel for the Debtor submits an application for an interim fee allowance pursuant to § 330 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., a) for an allowance of compensation for services rendered as Special Counsel to the Creditors’ Committee and b) for reimbursement of actual and necessary disbursements incurred. A Bankruptcy Court ...
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Presently before the Court is the motion of the United States of America, on behalf of the Department of the Navy (Navy), for relief from the automatic stay provisions of section 362(a) of the Bankruptcy Code. 11 U.S.C. § 362(a). The relationship between the debtor, Ontario Locomotive and Industrial Railway Supplies (U.S.) Inc. (Ontario), and the Navy, had its genesis in the award of a con...
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MEMORANDUM OPINION AND ORDER Plaintiff-Appellant United Merchants and Manufacturers, Inc. (“UMM”) appeals from an order of the United States Bankruptcy Court for the Southern District of New York (Blackshear, J.), which, upon consideration of whether a less severe sanction than dismissal would be appropriate, adhered to its original decision dismissing plaintiff’s complaint for failure to prosecu...
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This is an expedited appeal from two decisions reached by the Bankruptcy Court for the Southern District of New York on April 3, 1991 in the Chapter 11 proceedings of Financial News Network, Inc. (“FNN”). In re Financial News Network, Inc., 91 B 10891 (FGC). One decision ruled that one of two bids submitted for FNN’s assets (including FNN’s broadcast operations and certain other assets) did n...
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These are expedited appeals from a decision reached by the Bankruptcy Court for the Southern District of New York on April 3, 1991 in the Chapter 11 proceedings of Financial News Network, Inc. (“FNN”). In re Financial News Network, Inc., 91 B 10891 (FGC). *159 The Bankruptcy Court ruled orally on that date that any antitrust objections or actions by the Federal Trade Commission (FTC) or sta...
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Printables, Inc. (“Printables”) alleges that Brittany Dyeing & Printing Corp. *163(“Brittany”) has wrongfully retained or converted property belonging to Printables, and seeks the return of the claimed property, pursuant to 11 U.S.C. § 542, or, in the alternative, for damages for its alleged conversion. In 1989, this Court granted Brittany’s motion under 28 U.S.C. § 157(d) for withdrawal of the ad...
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MEMORANDUM DECISION ON THE DISCOUNT RATE TO BE USED IN CALCULATING THE ALLOWABLE AMOUNT OF A CLAIM BY THE PENSION BENEFIT GUARANTY CORPORATION (FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO 28 U.S.C. § 157(c)(1) AND BANKRUPTCY RULE 9033) This adversary proceeding is before the Court pursuant to a withdrawal of the ref *167 erence and referral for findings of fact a...
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OPINION This matter came before the court in connection with two motions. Initially, the Unsecured Creditors’ Committee moved before the court to convert the pending chapter 11 proceedings to a chapter 7 liquidation or, in the alternative, to appoint a chapter 11 operating trustee. In addition, Congress Financial Corporation moved before the court to vacate the stay to allow said financia...
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MEMORANDUM OF LAW In May 1986, Pine Run Trust, Inc. (“Pine Run”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code. This case is an appeal of a decision made by Chief Judge Thomas M. Twardowski of the Bankruptcy Court which disallowed an administrative proof of claim made by Dr. Eugene Willihnganz for $26,667 in the above-captioned jointly-administered proceedings. Dr. Willihngan...
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OPINION A. INTRODUCTION In its present procedural posture as an apparent motion of the Debtor seeking to avoid a mortgage pursuant to 11 U.S.C. § 522(f)(1), it is clear that we must deny relief to the Debtor in this contested matter. However, we recognize that the Debt- or could refile this matter in the posture of an adversary proceeding attacking the mortgage in the shoes of the Tr...
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OPINION A. INTRODUCTION The instant adversary proceeding presents two questions relating to the ef-feet of invocation of 11 U.S.C. § 506(a), (d) upon a federal tax lien concerning which no proof of claim has been filed: (1) May a debtor utilize 11 U.S.C. § 506(a), (d) to bifurcate a secured creditor’s interest in the estate’s interest in property when no proof of claim has been filed...
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OPINION This case is before us on both parties’ motions for summary judgment. The issue presented is whether debtor’s income tax obligation for the tax years 1975, 1976, 1977 and 1978 is nondischargeable under 11 U.S.C. § 523(a)(l)(B)(i). We grant the United States’ motion for summary judgment having concluded that the debt is nondis-chargeable. A brief summary of the undisputed material facts ...
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MEMORANDUM OPINION SUSTAINING OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN AND LIFTING AUTOMATIC STAY Equitable Bank, N.A. filed an objection [P. 7] to the confirmation of the debtors’ Chapter 13 plan and a motion to lift the automatic stay. For the reasons set forth in this opinion, confirmation will be denied and the motion to lift the automatic stay will be granted. FINDINGS OF FACT 1. T...
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MEMORANDUM OPINION GRANTING MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT Maryland National Bank and Loyd L. Warren and Ruby S. Warren filed motions for summary judgment [PP. 42 and 44] in this adversary proceeding on July 24, 1990 and August 3, 1990, respectively. The plaintiffs have not responded to either motion. Both motions for summary judgment will be granted and the instant...
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MEMORANDUM OPINION DENYING CREDITOR/PLAINTIFF’S MOTION FOR JURY TRIAL ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT FINDINGS OF FACT 1. The instant complaint to determine dischargeability of debt was filed by the plaintiff on April 4, 1989. 2. The complaint alleges that the debt- or, John R. Devitt, was hired by the plaintiff to provide accounting and financial services in the early 19...
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MEMORANDUM OPINION GRANTING MOTION TO DISMISS FINDINGS OF FACT 1. The instant complaint was filed on February 6,1990 by the Official Committee of Unsecured Creditors of Arundel Housing Components, Inc., a Chapter 11 debtor, against Georgia-Pacific Corporation to avoid and recover alleged preferential transfers. 2. The debtor filed its Chapter 11 petition in this Court on Decembe...
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MEMORANDUM OPINION DISMISSING COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT FINDINGS OF FACT 1. Robert Weldon Bromley filed a voluntary Chapter 11 bankruptcy petition in this court on March 9, 1989. On November 27, 1989, the case was converted to a liquidation proceeding under Chapter 7. 2. On July 20, 1989, Gary Hutchinson, the plaintiff, filed this complaint against the debt...
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MEMORANDUM OPINION This matter comes on the motion of the U.S. Trustee for conversion of this case to a case under Chapter 7 of the Bankruptcy Code. Joining in this motion is the Official Committee of Unsecured Creditors. After hearing and argument on April 2, 1991, the Court makes the following findings of fact and conclusion of law. On December 7, 1990, an involuntary Chapter 7 pet...
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MEMORANDUM OPINION This matter comes before the Court on the motion of A.H. Robins Company, Inc. (“Robins”), for summary judgment on its *228 objection to Claim No. 85329-00077 filed by the State Tax Department of West Virginia (“West Virginia” or the “State”). Robins objects to the proof of claim on the basis that West Virginia’s Business and Occupation (“B & 0”) Tax was fou...
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MEMORANDUM OPINION At issue before the court is the trustee’s motion to sell a 1969 Jaguar XKE Roadster free and clear of all liens. The First National Bank of Sioux Falls (“Bank”) objects and alleges it has a secured lien on the vehicle. The facts are not disputed and the parties have filed stipulations. The facts before the court are based on these stipulations. On January 17, 1990 the Bank obta...
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OPINION On consideration before the Court is the motion to compel Guaranty Bank and Trust *233 Co. to make a final accounting and turn over proceeds of the sale of collateral, filed by the United States Attorney for the Northern District of Mississippi, for and on behalf of the Small Business Administration (SBA); response to said motion having been filed by Guaranty Bank and...
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OPINION On consideration before the Court is the motion to dismiss or, in the alternative, to stay pending arbitration filed by the defendant, A.G. Edwards & Sons, Inc.; response to said motion having been filed by the plaintiff, Jeffery L. Arentson; and the Court having heard and considered same, hereby finds, orders and adjudicates as follows, to-wit: I. The plaintiff/debtor, ...
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OPINION This cause is before this Court on appeal from the United States Bankruptcy Court, Southern District of Mississippi, Southern Division. A complaint was filed before the bankruptcy court on behalf of the debtor, Fabricators, Inc. [Fabricators] against Technical Fabricators, Inc. [TFI] requesting subordination of TFI’s claims and transfer of its liens to the estate pursuant to 11 U....
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MEMORANDUM OPINION This matter came on for regular hearing pursuant to a Motion to Dismiss by the United States of America (Internal Revenue Service), hereinafter IRS, to dismiss on the grounds that Debtor is disqualified from filing for relief under Chapter 13 of Title 11 pursuant to § 109(e) in that the IRS alleges that Debtor owes in excess of $100,000.00 in unsecured non-contingent liquidat...
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OPINION For consideration before this Court is the Motion of James E. Jones, Creditor, for clarification of a prior order of this Court discharging Debtor pursuant to 11 U.S.C. § 727. This Opinion constitutes findings of fact and conclusions of law in accordance with Bankruptcy Rule of Procedure 7052 and disposes of all of the issues presented to the Court. FACTUAL AND PROCEDURAL BACKGROUND ...
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OPINION This matter came on for trial pursuant to regular setting. When all parties were present in Court, evidence was adduced and the matter was taken under advisement. The following opinion constitutes the Court’s findings of fact and conclusions of law in accordance with Bankruptcy Rule 7052 and to the extent that any finding of fact is a conclusion of law or conclusion of law is find...
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OPINION This matter came on for consideration of Plaintiff, Hubbell Steel Corporation's Complaint objecting to discharge pursuant to a regularly scheduled hearing on May 17, 1990, in Tyler, Texas. Also before the Court is a removed state court action filed by Plaintiff, Caroline Cook, alleging various state law violations by Defendants, Hubbell Steel Corporation and Dale Industries. This opinio...
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OPINION This matter came on for consideration of the Motion of Debtors, Douglas W. Hancock and Rose Ann Hancock, to Avoid Lien and the Motion of Creditor, Longview Bank and Trust Company, for Relief from the Automatic Stay pursuant to a regularly scheduled hearing on September 12, 1990, in Tyler, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Ba...
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MEMORANDUM OPINION The Trustee in this case has filed an objection to the Proof of Claim of Texas Bank & Trust (“Texas Bank”). The parties submitted stipulations to the court along with exhibits and presented oral argument. This is a core proceeding within the meaning of 28 U.S.C. § 157(b) and the following represent the court’s Findings of Fact and Conclusions of Law. FINDINGS OF FA...
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MEMORANDUM OF OPINION AND ORDER I. The matters before the Court are the parties' cross-motions for summary judgment in the above-styled adversary proceeding. In this Chapter 7 proceeding, Deborah Ann Pavlik (Plaintiff) caused to be filed a motion for summary judgment which seeks the determination that a certain debt owed by Frank Burdel (Debtor, Defendant) is nondischargeable. In res...
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ORDER GRANTING DEBTOR’S MOTION TO DISMISS COUNTERCLAIM AND DENYING NANCY RODERICK’S MOTION TO STRIKE Upon consideration of the record in this adversary proceeding and in the above-styled case, the Court determines, concludes, and orders as follows. Ronald Lee Roderick (“debtor”) filed his voluntary petition for relief commencing the above-styled case under 11 U.S.C. Chapter 7 on Nove...
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OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT I. Introduction This proceeding is before the Court following the trial of a complaint filed by Hoffman & Kuhn, Inc., the plaintiff, to determine the dischargeability of a debt owed it by Raymond Branham, the defendant. The Court has jurisdiction to hear this adversary proceeding pursuant to 28 U.S.C. § 1334...
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MEMORANDUM AND ORDER On April 27, 1989, the Honorable Steven W. Rhodes, United States Bankruptcy Judge, sitting by designation in the United States Bankruptcy Court for the Eastern District of Tennessee, granted a judgment in favor of the plaintiff Thomas E. DuVoi-sin, Liquidating Trustee of Plan and Creditors’ Liquidation Trust, Southern Industrial Banking Corporation [SIBC], finding that the la...
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MEMORANDUM Textron Financial Corporation leased business equipment to the debtor, Village Import Enterprises. The debtor has made adequate protection payments to Textron so that it could keep and use the equipment. But now the debtor has ceased operating, a bankruptcy trustee has been appointed, and no one is making the adequate protection payments. Textron has filed a motion asking the c...
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MEMORANDUM Unicon Construction Company has filed a motion to lift the automatic stay so that it can be allowed a set-off. 11 U.S.C.A. §§ 362(a)(7) & 553(a) (West 1979). Unicon subcontracted earth work, concrete work, and the erection of a metal building to Paul Pack Steel under three separate subcontracts. Each subcontract allowed Unicon to retain part of the purchase price to ...
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MEMORANDUM OPINION AND ORDER I. Statement of Proceedings This contested matter came before the court on the Objection of Citizen’s Federal Savings and Loan Association (hereinafter “Citizens”) filed on January 23, 1990 to the Debtor’s Second Petition to Modify Plan After Confirmation. The court held a pre-hearing conference on this matter on March 23, 1990 and ordered the pa...
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MEMORANDUM This matter is before the Court on an appeal of the Bankruptcy Court ruling issued on June 20, 1990 which dismissed the case after finding that the debtor failed to meet the Chapter 13 eligibility requirements which are set out in 11 U.S.C. § 109. The APPELLEE’S BRIEF was filed on September 12, 1990. The APPELLANT’S BRIEF was filed on August 13, 1990. Oral arguments were heard in thi...
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*344 MEMORANDUM This matter comes before this Court by way of the Bankruptcy Court, in which plaintiff originally filed her complaint to determine nondischargability of debt. The Eighth Circuit has held that Bankruptcy Courts, as Article I courts, lack the statutory authority to conduct jury trials on legal proceedings. In re United Missouri Bank of Kansas City, N.A., ...
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126 B.R. 348 (1990) In re Robert Leroy VICKERS and Betty Jean Vickers, Debtors. J. Kevin CHECKETT, Trustee in Bankruptcy, Appellant, v. Robert Leroy VICKERS and Betty Jean Vickers, Appellees. Bankruptcy No. 90-30089-SW, Civ. No. 90-5028-CV-SW-1. United States District Court, W.D. Missouri, Southwestern Division. December 5, 1990. John R. Stonitsch, Kansas City, Mo., for appellant. W. Henry Johnso...
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MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT FACTS Plaintiff National Union Fire Insurance Co. (“National Union”) has moved for summary judgment, presenting the issue of whether two state court default judgments against the defendant constitute collateral estoppel on the issue of nondischargeability. The judgments on which National Union relies were taken by its assignor, Emi...
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ORDER Before the court is the Trustee’s appeal of Bankruptcy Judge Arthur B. Feder-man’s opinion dated July 5, 1990, wherein Judge Federman denied the Trustee’s objection to the debtors’ exemption. 116 B.R. 149. Specifically, Judge Federman held that debtor Robert Leroy Vickers could exempt his pension benefits from the bankruptcy estate to the extent reasonably necessary to support the debtor and...
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MEMORANDUM OPINION AND ORDER Appellant Michele Ann Schwenn (Schwenn) appeals from the bankruptcy court’s judgment that her withholding of joint venture funds constituted a defalcation while acting in a fiduciary capacity making discharge unavailable under 11 U.S.C. § 523(a)(4). I affirm. Schwenn and appellee Robert Beebe (Beebe) entered into a joint venture to purchase oil and gas le...
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MEMORANDUM OPINION AND ORDER This is an appeal of the bankruptcy court’s December 21, 1990 order denying the motion of appellant Western Cities Broadcasting, Inc. for relief from the court’s previous order deferring consideration of Western Cities’ proposed reorganization plan. Western Cities argues, among other things, that the court exceeded its jurisdiction in ordering deferral of the ...
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MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the Trustee’s Objection to Debtors’ Claim of Exemption of 401k Plan, said objection being filed by the trustee on April 20, 1990. FINDINGS OF FACT Based upon the record and stipulations of the parties, this Court finds as follows: 1. That on February 22, 1990, the debtors, Paul E. James, Jr. and ...
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MEMORANDUM OF DECISION This matter came before the court on Robert Eric Peiffer’s Motion (complaint) *365 for Discharge of Taxes. The debtor took the position that 1981-82 taxes owed to the State of Alabama were excise taxes of the type contemplated in 11 U.S.C. § 507(a)(7)(E) and could be discharged after three years. The defendant, Alabama Department of Revenue, contended t...
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MEMORANDUM I. PROCEDURAL HISTORY On April 27, 1989, an involuntary petition for relief under Chapter 7 of the Bankruptcy Code was filed by three creditors against The O’Day Corporation (“O’Day” or the “Debtor”), a manufacturer of fiberglass sailboats located at 848 Airport Road, Fall River, Massachusetts. No responsive pleading was filed by the alleged Debtor, which had ceased all op...
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AMENDED MEMORANDUM OPINION This case is a referred civil action from district court involving allegations that the negligence and intentional misconduct of a bankruptcy trustee caused damage to a principal of the debtor corporation. At a recent pretrial hearing of this case, the parties discussed whether this court has jurisdiction to hear this matter because under 28 U.S.C. § 157(b)(5) o...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter comes before the Court on the oral motion of defendant Michael Angelo Bisignani (“Debtor”) for attorney’s fees and sanctions at the close of the trial of an adversary proceeding commenced on January 14, 1988 by Floyd Pucello (“Pucello”) pursuant to § 523(a)(6) of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330 (W...
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MEMORANDUM OPINION This is an action brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., by Cassie A. Hubbard, f/k/a Cassie Wickes, the plaintiff, against the defendant National Bond and Collection Associates. (Docket Item [“D.I.”] 1). Discovery was completed on January 14,1991 (D.I. 6), and the case is presently before the Court on ...
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OPINION This matter is before the court on the objections of the defendants The Ormond Shops, Inc. (“Ormond”), Thomas J. Lipton, Inc. (“Lipton”) and Lionel Leisure, Inc. (“Lionel”) (collectively, the “Defendants”) to the Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings Submitted to District Court Pursuant to 28 U.S.C. § 157(c)(1) and Bankruptcy Rule 9033 (the “Prop...
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OPINION I. Introduction Presently before the court are the motions of John L. Indri, the debtor herein, to avoid a pre-petition lease termination and to extend the time in which to assume or reject the subject lease. For the reasons set forth below, this court has determined that the lease termination was a transfer for purposes of 11 U.S.C. §§ 547, 548. II. Facts The facts necessary ...
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OPINION I. Introduction At the hearing on this matter which took place on March 18, 1991, the court determined that the actual costs of the adction should be borne by the secured creditor, Banco Hispano Americano. Additionally, determination was reserved as to whether or not the auctioneer was entitled to a commission from the estate on the sale of shares of stock in an entity known as Phar-maM...
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OPINION A. INTRODUCTION The instant adversary proceeding requires us to address several issues not previously touched upon in the line of decisions in this jurisdiction concerning calculation of arrearages and proofs of claim in cases concerning mortgages previously assigned to the United States Department of Housing and Urban Development (“HUD”) in connection with its Mortgage Assig...
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*464 OPINION A. INTRODUCTION The instant contested matter presents the issue of whether the corporate Debtor retained ownership of certain equipment which was pledged by a successor corporate entity to a bank, thus rendering the Bank’s alleged security interest in the equipment given by the successor a nullity. We find that the successor’s possession of the equipment merely ...
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RECONSIDERATION OF ORDER DENYING CONFIRMATION OF CHAPTER 11 PLAN OPINION Background This matter is before us on the Motion of Arthur B. Dilts and M. Joan Dilts doing business as Dilts Electric Company (“Debtors”) for Reconsideration of our Opinion and Order of May 31, 1989, which denied confirmation of the Debtors’ Plan of Reorganization (“Plan”) on the basis that the Plan is not fair and...
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*474 MEMORANDUM OPINION Performance Communications, Inc. (“plaintiff”) has brought this adversary action pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Plaintiff seeks to avoid a preference and to recover from defendant First National Bank (“Bank”) the sum of $127,-160.46, which plaintiff paid to Bank in satisfaction of a debt guaranteed by principals of debtor. Bank has fil...
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MEMORANDUM OPINION The matter before the Court is the objection of Liberty Savings Bank (Liberty) to payment of Debtor’s counsel’s fees from Liberty’s cash collateral. 1 The objection is sustained for the following reasons. I. Facts On September 15, 1989, Blue Ridge Motel Associates (Debtor) filed a voluntary petition for relief under Chapter 11 of the Bankrup...
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MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY GOLDOME REALTY CREDIT CORPORATION AND DISMISSING COMPLAINT Before the debtor filed a voluntary Chapter 7 bankruptcy petition in this Court, the defendant Goldome Realty Credit Corporation, as holder of a deed of trust note executed by the debtor, sold the debtor’s residence at foreclosure and purchased the property. This Court vac...
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DOUGLAS 0. TICE, Jr., Bankruptcy Judge. The debtor filed a complaint against the Internal Revenue Service which requires this court to decide whether a federal tax debt of the debtor was discharged by his chapter 7 discharge in bankruptcy. Facts The facts are fully stipulated. On April 11, 1985, the IRS assessed against the debtor a 100 percent tax penalty pursuant to Internal Revenue C...
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MEMORANDUM OPINION This matter arises out of objections filed by Joseph Eugene Wills (the “Debtor”), a Northern Virginia real estate developer, to three proofs of claim. The first claim, filed by Thomas L. Swarek (“Swarek”), relates to two promissory notes, each dated November 10, 1988, made by the Debtor and payable to the order of Swarek 30 days after issuance in the aggregate principal...
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MEMORANDUM OF OPINION ON OBJECTIONS TO DISCHARGE Banc One, Texas, N.A. (Banc One) objected to the discharge of Mary Lou Braymer (Debtor) under § 727(a)(3) and (4) which read as follows: (a) The court shall grant the debtor a discharge, unless— (3) the debtor has concealed, destroyed,- mutilated, falsified, or failed to keep or preserve any recorded information, including books, ...
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MEMORANDUM OPINION Came on for trial plaintiffs Complaint to Recover Money or Property from defendant. After considering the evidence, pleadings, memoranda and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law and enters a separate Judgment in conjunction herewith, in favor of plaintiff. To the extent any findings of fact herein are construed to b...
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MEMORANDUM OF OPINION AND DECISION In this Chapter 11 case of Northeastern Ohio General Hospital Association (NEOGH), the Trustee, William E. Schon-berg, objects to the claim of Ohio Hospital Association (OHA) who responds thereto. Jurisdiction of this core proceeding is authorized by Sections 1334 and 157(b)(2)(B) of Title 28 of the United States Bankruptcy Code. The parties submitted the ma...
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ORDER This matter is before the Court pursuant to the Motion for Summary Judgment brought by La Salle Street Fund, Inc. of Delaware (hereinafter La Salle or landlord) (Doc.1981); La Salle’s Brief in Support *517 (Doc.1982); La Salle’s Supplemental Brief in Support of Motion for Summary Judgment (Doc.2026); Montgomery Ward, Inc.’s Memorandum in Opposition to La Salle’s Motion (Doc.2050); and D...
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OPINION AND ORDER ON MOTION FOR RELIEF FROM STAY I. Procedural Background and Jurisdictional Statement This matter is before the Court upon the renewed motion of Goldome Realty Credit Corporation (“Goldome”), seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a). The motion was opposed by the debtor, Northgate Terrace Apartments, Ltd. (“Northgate”). The Court d...
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ORDER DENYING MOTION FOR EXAMINATION OF DEBTOR PURSUANT TO BANKRUPTCY RULE 2004, BUT ORDERING CERTAIN DOCUMENT PRODUCTION This matter is before the Court on a motion, filed by creditors David and Rebecca Ater (“Aters”), seeking to examine debt- or Douglas R. Merritt (“Debtor”) under the provisions of Bankruptcy Rule 2004. The debtor opposed the motion. The debtor filed a petition under Chapter 7 o...
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OPINION AND ORDER ON MOTION TO REOPEN CASE I. Introduction This matter is before the Court upon the Motion to Reopen Case (“Motion”) filed by Steven Wayne and Vicki Jo Moore, the debtors in this closed Chapter 7 case. The Motion is opposed by Lucas Truck Sales and Hartman’s Truck Center. Following a hearing held on March 22, 1991, the Court took this matter under advisement. *529The Court is veste...
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OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF A DEBT I. PRELIMINARY CONSIDERATIONS First Deposit National Bank (“First Deposit”) filed this adversary proceeding against James and Melinda Houfek on September 17, 1990. In its complaint, First Deposit asserts that its credit card obligation from Melinda Houfek is nondis-chargeable in the Houfeks’ Chapter 7 bankruptcy case pursuant ...
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OPINION AND ORDER ON MOTION FOR RECONSIDERATION I. Preliminary Matters This matter is before the Court on a motion to reconsider this Court’s November 21, 1990 Opinion and Order dismissing this Chapter 11 case. 121 B.R. 788. Mill Distributors, Inc. and The Louisiana-Pacific Company (“Mill and L.P.”) filed this motion and Oak Brook Apartments of Henrico County, Ltd. (“Debtor”)...
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OPINION AND ORDER ON MOTION TO EXTEND EXCLUSIVITY PERIOD I. Preliminary Matters This matter is before the Court upon the motion of Montgomery Court Apartments of Ingham County, Ltd. (“Montgomery Court” or “Debtor”) to enlarge the exclusive period within which it may file a plan of reorganization. Greyhound Financial Corporation (“Greyhound”) objected to the motion. At the con...
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ORDER GRANTING MOTION TO DISQUALIFY COUNSEL This matter is before the Court on the debtor’s motion seeking to disqualify plain*541tiff’s counsel from representation in this adversary proceeding. The Court has jurisdiction in this matter under 28 U.S.C. § 1334 and the - General Order of Reference previously entered in this district. This is a core proceeding objecting to the debtor’s discharge and ...
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MEMORANDUM OPINION This matter comes to be heard on the amended motion of the Debtors for a hardship discharge pursuant to 11 U.S.C. § 1328(b) and on the motion of Craig Phelps, as Chapter 13 standing trustee (the “Trustee”), to dismiss the case pursuant to 11 U.S.C. § 1307(c)(6). For the reasons set forth herein, the Court having reviewed the pleadings and the exhibits attached thereto, ...
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MEMORANDUM OPINION This matter comes before the Court on the Plaintiffs Motion For Sequestration Of Rents And Cash Collateral And Order Prohibiting Use of Rents And Cash Collateral. In addition there are two other motions related to the above captioned debtor, which are before the Court: 1) The Motion of the Krupp Corporation for Allowance and Payment of Administrative Expenses and Other ...
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ENTRY This cause is before the Court on appeal from the order of the United States Bankruptcy Court for the Southern District of Indiana dismissing adversary proceeding No. 90-27. For the following reasons, the decision of the Bankruptcy Court is affirmed. Background The appellant in this case, Sparmal Enterprises, Inc., (Sparmal), filed a Chapter 11 bankruptcy proceeding on...
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OPINION and ORDER This is an appeal from a- final order of a United States Bankruptcy Judge, in which appellant challenges the bankruptcy court’s authority to permit a discharged debtor to reopen a Chapter 7 proceeding to obtain lien avoidance on property that was either undervalued or not claimed as exempt during the original proceeding. Also, appellant challenges the bankruptcy court’s decisi...
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ORDER RE: REMAND RE IRS PRIORITY CLAIM This case appears before the Court on remand from the United States District Court for the Northern District of Iowa. The sole issue for determination is whether certain truck drivers of the debtor were the debtor’s employees or independent contractors for federal income tax purposes in 1985 and part of 1986. The Court having held an evidentiary hear...
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MEMORANDUM OPINION AND ORDER JURISDICTION This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. The parties have ■ stipulated that this is a “core *574 proceeding” which the Court may hear and enter appropriate judgments pur...
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MEMORANDUM DECISION ACTION Michael and Shirley Cook (“Debtors”) motioned to discharge chattel liens alleging the debt on chattels has been fully paid as required by their confirmed Chapter 11 Plan. Farmers Home Administration (“FmHA”) maintains its 11 U.S.C. § 1111(b) election (“1111(b) election”) precludes lien discharge because its collateral includes real estate and chattels irres...
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126 B.R. 584 (1991) In re John McGregor FULKROD, Debtor. John McGregor FULKROD, Appellant, v. Edmund R. BARMETTLER, Trustee, Appellee. BAP No. NV-89-1919-ORMe, Bankruptcy No. 88-0707. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted January 24, 1991. Decided April 29, 1991. *585 Daniel S. Corder, Reno, Nev., for appellant. John White, Jr., Reno, Nev., for appell...
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OPINION Mr. Fulkrod petitioned for relief under Chapter 12 of the Bankruptcy Code on June 2, 1988. His plan of reorganization provided that three impaired creditors would be paid directly by him and not by the trustee. In confirming the plan, the bankruptcy court held that payments to impaired creditors must be made by the trustee. Mr. Fulkrod appeals from that order, claiming that it improperly ...
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*590 MEMORANDUM DECISION This matter comes before the court on debtor First Alliance Corporation’s (“FAC”) objection to Rancho Bernardo Limited Partnership’s (“RBLP”) claim of damages for termination of a lease. At issue is whether “free rent” provided to FAC under a lease modification letter must be taken into account when calculating the maximum allowable damages pursuant to 11...
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OPINION The United States appeals from a judgment of the Bankruptcy Court holding that valuation of a debtor’s non-income producing residence retained by the debtor under 11 U.S.C. sec. 506(a) should reflect a reduction for the hypothetical costs of sale of that property. Factual Context on Appeal Debtor/Appellee Doris Coby filed a Chapter 13 bankruptcy petition on September...
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OPINION The matter before the court is the motion (# 49) of the plaintiff, Craig Allen Showal-ter, for clarification, enlargement and reconsideration of the order of December 6, 1990, 752 F.Supp. 963 (D.0r.l990) dismissing his claim against defendant Bradley Rinard. BACKGROUND This dispute involves claims arising from a motor vehicle accident and the settlement of those claims. On or about ...
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MEMORANDUM OPINION AND ORDER This matter comes on before the Court pursuant to the April 2, 1990 hearing on the Trustee’s Objection to Debtors’ Pension Plan Exemption. The debtors, Victor Joseph Hentzen and Christine Anne Hentzen, appeared in person and through their attorney, James E. Kunce. The trustee James S.Willis appeared pro se. FINDINGS OF FACT Based upon the pleadings a...
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MEMORANDUM OPINION AND ORDER The matter presently before the court is the confirmation of the debtors’ Chapter 13 plan of reorganization. A hearing was had on December 12, 1990. Robert Fugal, Esq. appeared on behalf of the debtors. Steven T. McMaster, Esq., Assistant Utah Attorney General, appeared on behalf of the Utah Higher Education Assistance Authority (UHEAA). Barbara W. Richman, th...
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126 B.R. 611 (1989) In the Matter of Charles Lamar McCOMBS, Debtor. FAMILY RETAIL SERVICES, Appellant, v. Charles Lamar McCOMBS, Appellee. Bankruptcy No. 89-03650, Civ. A. No. 89-A-1072-S. United States District Court, N.D. Alabama, S.D. September 15, 1989. MEMORANDUM OPINION ALLGOOD, District Judge. This case is before the court on appeal from the United States Bankruptcy Court, Northern Distri...
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MEMORANDUM OPINION This case is before the court on appeal from the United States Bankruptcy Court, Northern District of Alabama, Southern Division. The appeal arises from the Bankruptcy Judge’s Order of June 13, 1989, allowing the debtor/appellee to avoid a *612nonpossessory, nonpurchase-money lien of appellant. On February 7, 1989, McCombs filed Chapter 7 Bankruptcy and on March 21, 1989 he made...
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ORDER ON MOTION FOR RECONSIDERATION OF ORDER DISALLOWING CLAIM OF RICHARD J. PLES-TINA AND QUELAH CORPORATION NORTHWEST SALARY REDUCTION PROFIT-SHARING PLAN THIS CAUSE came on for hearing with notice to all parties in interest to consider the Motion for Reconsideration of Order Disallowing Claim filed by Richard J. Ples-tina (Plestina) and Quelah Corporation Northwest Salary Reduction Pro...
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ORDER ON MOTION FOR SANCTIONS THIS is an adversary proceeding filed in the above-captioned Chapter 7 case by Frederick Gould (Plaintiff) against Laura Brown, d/b/a Brown Janitorial (Debtor). The matter under consideration is the Debt- or’s Motion seeking imposition of sanctions against the Plaintiff. The Court has considered the Motion, together with the record, and finds the facts relevant to a r...
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ORDER ON DEBTOR’S OBJECTION TO CLAIM OF IRS THIS IS a yet-to-be confirmed Chapter 11 case involving Bridget Nichelle Sims (Debtor). The matter under consideration is an Objection filed by the Debtor to the claim of the United States of America filed on behalf of the Internal Revenue Service (Government) in the amount of $168,327.35. The claim of the Government is based on 26 U.S.C. Section 6672 wh...
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ORDER ON RENEWED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION THIS matter came on for hearing on short notice to consider a Renewed Emergency Motion for Preliminary Injunction filed by Sea Span Publications, Inc. (Sea Span), the Debtor involved in the above-captioned Chapter 11 reorganization case. Sea Span seeks a preliminary injunction against Samuel F. Greneker (Greneker), Holland M. Wa...
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ORDER ON MOTION FOR CONTEMPT THIS is a previously closed Chapter 7 liquidation case which has been reopened at the request of Harvey A. Schneider (Debt- or). The matter under consideration is a Motion for Contempt filed by the Debtor who seeks to hold in contempt Connie D. Currey (Ms. Currey), a creditor of the Debtor. In order to put the matter under consideration in proper focus, it should be...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Court upon the complaint of Advance Turbo Products, Inc. (the “debtor”) against Congress Financial Corporation (Florida), First Wall Street SBIC, L.P., Amity Machine Tool Company, Inc., Fleet Credit Corporation, Bernard Machinery, Inc., and the Department of the Treasury-Internal Revenue Service (the “creditors”) to deter...
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MEMORANDUM OPINION Creditor, Confederation Life Insurance Co., appeals from the bankruptcy court’s final order of October 11, 1990 confirming the plan in the Beau Rivage Limited Chapter 11 bankruptcy case, and the underlying orders of October 4, June 28 and May 2, 1990. The appeal is pursuant to 28 U.S.C.A. § 158(a) which grants this court jurisdiction to hear appeals from final judg...
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MEMORANDUM OF DECISION In this involuntary bankruptcy proceeding, the debtor, Thomas Ferrante (“Fer-rante”), has moved to disqualify the law firm of Richardson & Troubh, counsel for Emery-Waterhouse Co. (“Emery-Water-house”), the petitioning creditor. Ferrante asserts that, because he is a former client of that firm, it may not now represent Emery-Waterhouse against him. For the reas...
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MEMORANDUM OF DECISION This appeal and cross-appeal arise out of an adversary proceeding commenced in *652 Bankruptcy Court, wherein Herbert C. Kahn, Trustee of Hemingway Transport, Inc. and Bristol Terminals, Inc. (collectively “Hemingway”), filed a third-party complaint against Woburn Associates for contribution under the Comprehensive Environmental Response, Compensation, ...
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MEMORANDUM OF DECISION This consolidated bankruptcy appeal presents several issues of law arising out of three different decisions of the Bankruptcy Court. See In re Hemingway Transport, Inc., 108 B.R. 378 (D.Mass.1989); 105 B.R. 171 (D.Mass.1989); 73 B.R. 494 (D.Mass.1987). Briefly, the underlying facts are these: On July 28, 1982, the Debtors, Hemingway Transport, Inc. and Br...
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MEMORANDUM OPINION This case presents questions of feasibility of a plan of reorganization, and “cramdown” treatment of a secured creditor’s claim under the plan. The present dispute is the latest chapter in a pitched battle between the debtor in possession and the secured creditor, Shawmut Bank, N.A., from the time of the chapter 11 filing on May 11, 1990 through the plan confirmation he...
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DECISION DEEMING LIENS TO HAVE BEEN PERFECTED WITHIN 90 DAYS FROM THE FILING OF THE PETITION FOR RELIEF This matter comes before this Court by way of an adversary proceeding brought by Sterling Die Casting Co., Inc. (hereinafter “Sterling” or the “Debtor” or “the plaintiff”) against Local 365 UAW Welfare Pension Fund (hereinafter “the Defendant”) to avoid a judicial lien obtained by it on the Deb...
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MEMORANDUM OPINION This case and its collateral matters have traveled a long and tortuous path beginning with debtor’s conviction in the U.S. District Court of bankruptcy fraud, traveling through proceeding wherein debtor, inter alia, was denied a discharge as a result of many and various egregious actions. This is an action by the Chapter 7 trustee to recover the value of...
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MEMORANDUM OPINION AND ORDER This matter is before the court on the motion to avoid lien and for redemption filed by the debtors on February 18, 1987, and on the countermotion to lift the stay filed by Snap-On-Tools on March 4, 1987. The debtors seek to avoid the lien of Snap-On-Tools Corporation on certain tools purchased from Snap-On-Tools and Snap-On-Tools seeks to lift the stay as to those ...
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MEMORANDUM OPINION AND ORDER Two motions are before the court, one brought by The Office of Thrift Supervi *689 sion (“Motion of The Office of Thrift Supervision for Order Under § 365(o) Requiring Debtor to Cure Capital Deficiency Nunc Pro Tunc”) and one by the Resolution Trust Corporation as conservator for First Federal Savings Association of Raleigh and as receiver for Fir...
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This matter is before the court on appeal from a final order of the bankruptcy court in the bankruptcy of Westchase I Associates, L.P. Both the debtor Westchase and Lincoln National Life Insurance Company, a secured creditor, have filed appeals. Lincoln appeals the ruling of the bankruptcy court involving the distribution of rents from a building development which is the principal asset of the ...
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MEMORANDUM OPINION This opinion concerns the objection of the trustee in bankruptcy to a proof of claim filed in the case by Construction' Consultants International Corporation (“CCIC”). Elizabeth A. Stuckey filed a Chapter 11 petition on July 12, 1988. Her case was converted to a chapter 7 on March 29, 1989, and Robert G. Mayer was appointed as her chapter 7 trustee in bankruptcy. ...
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OPINION On consideration before the court is the complaint to modify the third mortgage encumbering the debtors’ residence; answer to said complaint having been filed by the defendant, Union Mortgage Co., Inc., hereinafter referred to as Union Mortgage; all factual issues having been stipulated by the parties; the Court having received and reviewed memoranda of law submitted by the partie...
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MEMORANDUM OF OPINION ON CLAIM OF PHILIP R. RUSS The Bankruptcy Trustees1 in the captioned cases objected to a secured claim filed by Philip R. Russ (Russ) for the following reasons: A. That the applicable statute of limitations barred Russ from exercising his claim on a note and mortgage executed by the Debtors. The court finds that Russ may pursue his claim on the mortgage in this bankruptcy pro...
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DECISION AND ORDER ON MOTION OF PLAINTIFF TO STRIKE CROSS CLAIMS AND COUNTERCLAIMS CAME ON for consideration the joint motion of Bettina M. Whyte (“Fiscal Agent/Trustee”), Merlin Express Inc. (“Merlin”) and Fairchild Gen-Aero, Inc. (“Gen-Aero”) to strike or dismiss the Counterclaims filed by GMF Investments, Inc. (“GMF”), Metro Aviation, Inc. (“Metro”) and Morgan Spectrum, Inc. (“Morgan”) (collec...
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ORDER DENYING MOTION FOR NEW TRIAL CAME ON for consideration the motion of Defendant for New Trial. Upon consideration thereof, the court finds and concludes that the motion should be denied. On March 12, 1991, this court’s judgment denying discharge to the defendant, David M. Swift, was entered on the docket. Defendant now seeks a new trial, pursuant to Bankruptcy Rule 9023, chargin...
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OPINION INTRODUCTION This matter comes before the Court on appeal from the United States Bankruptcy Court, Western District of Michigan, pursuant to Title 28 United States Code Section 158. On September 21, 1989, the bankruptcy court issued an order which dismissed *735 defendant-appellee Aetna Casualty & Surety Co. (hereinafter “Aetna”) from Adversary Proceeding No. 88-...
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OPINION LAURENCE E. HOWARD, Bankruptcy Judge. This matter is before the Court to determine the dischargeability of the Debtors’ obligation to the 7th Probate Court for the County of Charlevoix, pursuant to 11 U.S.C. § 523(a)(5). For the reasons stated below, the debt is declared to be discharge-able. FACTS The facts in this case are not in dispute. This case was scheduled for trial on Feb...
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MEMORANDUM ON MOTION OF U.S. TRUSTEE TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT ON THE RENEWED MOTION FOR SANCTIONS AGAINST THE U.S. TRUSTEE The “Motion of the United States Trustee to Dismiss, or in the Alternative for Summary Judgment on the Renewed Motion for Sanctions Against the U.S. Trustee” (the “Motion”) [Application for Fees Docket (“Docket”) No. 1295] came before the Court for ...
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OPINION AND ORDER DENYING THE HUNTINGTON NATIONAL BANK’S MOTION TO DISMISS OR, ALTERNATIVELY, TO ABSTAIN FROM EXERCISING SUBJECT MATTER JUR-' ISDICTION I. Preliminary Considerations This matter is before the Court upon the motion (the “Motion”) of defendant, The Huntington National Bank (“Huntington”), requesting the Court to dismiss this adversary proceeding or, alternatively, to abstain from ex...
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INTERLOCUTORY ORDER ON MOTION FOR RELIEF FROM STAY Atlantic Kraft Sales, Inc. (hereafter “movant”) filed a motion for relief from the automatic stay “to effectuate a setoff pursuant to 11 U.S.C. § 553.” In its memorandum in support of its motion, movant said that debtor was indebted to it in the total amount of $1,549,338.54, and that movant had filed a proof of claim in that amount....
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OPINION AND ORDER ON SECOND RENEWED MOTION FOR RELIEF FROM STAY AND SCHEDULE FOR' FURTHER HEARING I. Procedural Background This matter is before the Court on a second renewed motion for relief from stay filed by Goldome Realty Credit Corporation (“Goldome”). The debtor, Northgate Terrace Apartments, Ltd., (“Northgate”) opposed the motion and the matter was heard by the Court on March 27, 19...
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ORDER Before the court is an appeal by the Internal Revenue Service (“IRS”) from an order of the Bankruptcy Court compelling the turnover of bank account funds upon which the IRS had levied prior to the filing of the bankruptcy petition of debtor George Brown, Jr. (“Brown”). For the reasons discussed below, the Bankruptcy Court’s decision is reversed. FACTS On November 9,1987, the IRS asses...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for trial on the motion of Ford Consumer Finance Company f/k/a Meritor Credit Corporation (1) for dismissal of these Chapter 13 proceedings, or alternatively for modification of the automatic stay; (2) for an order enjoining Debtors from filing another bankruptcy proceeding within 180-days of dismissal; and (3) for sanctions, presumably...
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MEMORANDUM ORDER DENYING CONFIRMATION OF PLAN The above-entitled matter came on for hearing before the undersigned on 4th day of April, 1991 on two objections by Charles Brown (the “Objector”) to confirmation of the Debtors’ Chapter 13 plan (the “Plan”). The appearances were as follows:, Thomas Howard for the Objector; Stephen Creasey for J.J. Mickelson, the standing trustee; and H. Merwin Budd...
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ORDER The act of filing the Chapter 11 bankruptcy petition in this case has presented a very narrow question of law: May a corporation commence a bankruptcy case in Missouri without representation by legal counsel? FINDINGS OF FACT On March 28, 1991 Elshiddi Enterprises, Inc. filed a Voluntary Petition for Reorganization under chapter 11 of title 11 of the United States Code. Th...
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OPINION The appellee filed an adversary proceeding alleging that certain payments made to the appellant, UIC, Inc. (“UIC”), 1 within ninety days prior to the debtor’s bankruptcy were preferential transfers under 11 U.S.C. § 547(b). 2 UIC contended that the payments were not preferential because they were payments in the ordinary course of business under section 547(c...
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ORDER In these consolidated adversary proceedings, the Chapter 7 Trustee seeks to set aside a judicial foreclosure of real property located in Oregon in which the Debtor had a legal interest within one year of the filing of the bankruptcy petition. After Answer, the parties have submitted the matter to the Court on Stipulated Facts and Exhibits and have filed briefs in support of their respecti...
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MEMORANDUM AND ORDER This matter is before the court on appeal by Roadrunner Freight Systems, Inc. (“appellant”) from a Judgment (R. Doc. 11), and Memorandum of Decision (R. Doc. 12), entered on January 17, 1990 (as amended on January 31, 1990) (R. Doc. 15), by the United States Bankruptcy Court for this District in which the bankruptcy court granted the motion of the debtor, American Fre...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS is a Chapter 7 case and the matter under consideration is a Motion for Summary Judgment filed by Marilyn Louise Gor-gen (Debtor) in the above-styled adversary proceeding. The adversary proceeding involves a three-count Amended Complaint filed by Robert B. Gorgen, the Debtor’s former husband. The claim set forth in Count I is based on § 523(a)(5) o...
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ORDER ON APPLICATION FOR PAYMENT OF ADMINISTRATIVE EXPENSE THESE are confirmed consolidated Chapter 11 cases and the matter under consideration is the Application of Florida Georgia Tractor (Florida Georgia), a creditor in these cases, for an administrative expense pursuant to § 503(b)(3)(D) of the Bankruptcy Code. Florida Georgia seeks to have the attorney fees of Mershon, Sawyer, Johnst...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before the Court on The Citizens and Southern Bank of Duval County’s (“C & S”) Motion to Prohibit Use of Cash Collateral and the respective Debtors’ Motions for Use of Cash Collateral. 1 A hearing of the motions was held on April 4, 1991, and upon the evidence presented the Court makes the following Findings of Fact and Concl...
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ORDER This case is before the Court on Jeff Lynn Stovall’s (“Appellant”) appeal from the Bankruptcy Court’s order of September 18, 1990, which denied Appellant’s Motion for a Restraining Order to prevent Susie Diane Stovall, (“Appellee”), from prosecuting her citation for contempt in the Superi- or Court of Paulding County. The parties to the instant action were divorced by decree of...
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MEMORANDUM OPINION Historic Macon Station Limited Partnership, Debtor, Movant, filed a “Motion for Disqualification” on March 25,1991.1 Mov-ant asks this Court to disqualify John W. Griffin and the law firm of Troutman, Sanders, Lockerman & Ashmore (“Trout-man, Sanders”) from representing Georgia Power Company and Piedmont-Forrest Corporation, Respondents.2 A hearing was held on April 2, 1991. Th...
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DECISION GRANTING IN PART AND DENYING IN PART RTC’S MOTION FOR SUMMARY JUDGMENT Under the court’s consideration is the motion filed by the Resolution Trust Corporation (“RTC”), receiver for Baltimore Federal Financial, F.S.A. (“BFF”), seeking summary judgment as to all counts of the Complaint filed by 1301 Connecticut Avenue Associates (“Associates”). Associates commenced this adversary p...
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DECISION ON MOTION FOR CHANGE OF VENUE Phillip R. White (“White”), the defendant in this adversary proceeding commenced by the Chapter 11 debtor, Thomson McKinnon Securities Inc., has moved for an order pursuant to 28 U.S.C. §§ 1404(a) and 1412, and Bankruptcy Rule 7087, to transfer venue of this action to the Northern District of Texas, Dallas Division. The defendant’s motion was made be...
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DECISION ON MOTION FOR AN ORDER GRANTING PERMISSION TO PERFECT MARITIME LIEN IN ADMIRALTY The movant, American Application Associates of Fairfield, Inc. (“American”), contends that if a craft looks like a vessel, *838 floats like a vessel and is named like a vessel, it must be a vessel that is subject to a maritime lien for materials furnished to convert it to a floating rest...
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OPINION A. INTRODUCTION Before us is the request of RICHARD BUICK, INC. (“the Debtor”) that we confirm its First Amended Plan of Reorganization (“the Plan”), despite the presence of a critical adverse vote and Objections to confirmation by GENERAL MOTORS ACCEPTANCE CORPORATION (“GMAC”), the Debtor’s principal secured creditor. We find that the ballot and Objections of GMAC were not t...
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MEMORANDUM OPINION In this contested matter the debtor’s former wife, Carolyn Gautier-Adams, filed a motion seeking relief from the automatic stay so that she might pursue collection of a prepetition divorce judgment against the debtor. A preliminary hearing was held on September 12, 1990, at which time the court took evidence and ruled that the motion would be granted in part and denied in p...
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*862 OPINION On consideration before the Court is the motion for summary judgment filed by the plaintiff, Eastover Bank for Savings, hereinafter referred to as Eastover; response to said motion having been filed by counsel for the named defendants; and the Court having reviewed the bankruptcy case file, the adversary pleadings, certain discovery materials, and the memoranda of la...
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MEMORANDUM OF OPINION ON REVOCATION OF DISCHARGE Floyd Holder, the Trustee-in-Bankruptcy (Trustee) in the James R. Bennett and wife, Sandra Annette Bennett (Debtors) case seeks both a judgment against them and to revoke their discharge under § 727(d)(2) of the Bankruptcy Code 1 which reads as follows: On request of the trustee, a creditor, or the United States Trustee, and after notice and ...
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ORDER AMENDING AND RESTATING “OPINION AND ORDER DETERMINING NON-CORE STATUS; REPORT AND RECOMMENDATION ON REQUEST OF DEFENDANT SCHAFEROTH CONSTRUCTION COMPANY FOR ABSTENTION; DENIAL OF DISMISSAL AND/OR SUMMARY JUDGMENT” In light of the provisions of Section 309 of The Federal Courts Study Committee Implementation Act of 1990, Public Law 101-650, signed by the President on December 1, 1990...
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ORDER OVERRULING OBJECTION TO CLAIM OF THOMAS MCFARLAND I. Preliminary Considerations This matter is before the Court on the merits of an objection to the allowance of the claim of Thomas McFarland. The objection was filed by Sara J. Daneman, the duly-appointed successor trustee (“Trustee”) of the Chapter 7 bankruptcy estate of debtor Patricia McFarland. The Court has ju...
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MEMORANDUM OPINION This matter comes before the Court on the Debtor’s motion to add a debt and allow a late claim to be filed by his former spouse, Barbara Weissman (“Ms. Weiss-man”). Ms. Weissman has objected to the relief sought by the Debtor. For the reasons set forth herein, the Court denies the motion to allow the late claim, although the Debtor's Chapter 13 statement will be amended...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT THIS is a yet-to-be confirmed Chapter 11 case and the matter under consideration is the amount of default, if any, Jim Walter Resources, Inc. (the Debtor) is required to cure in order to assume a Transportation Agreement (Agreement) with Warrior & Gulf Navigation Company (Warrior & Gulf) pursuant to § 365(b)(1) of the Bankruptcy Code. Both the Debtor ...
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ORDER OF REVERSAL ON BANKRUPTCY APPEAL THIS CAUSE has come before the Court upon the appeal from the Order of The Bankruptcy Court of the Southern District of Florida, Hon. Sidney M. Weaver, Judge dated November 1, 1990. That order, denied the appellant’s motion to vacate a previous order of the bankruptcy court which dismissed the case. This Court has appellate jurisdiction over this matter pursu...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court on November 28, 1990 on Plaintiff’s Complaint to Determine Dischargeability of Debt. The Court has reviewed the relevant pleadings, has heard argument from counsel and makes the following findings of fact and conclusions of law. FINDINGS OF FACT None of the Defendants filed a responsive pleading to the Complaint. In a...
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DECISION AND ORDER Heard on February 5, 1991 on the Complaint of D.A.D. Restaurant, Inc. (D.A.D.) to allow the transfer of Debtor’s liquor license to D.A.D., and on the objection of the Rhode Island State Tax Administrator (Administrator). At the outset, a little background is in order. On December 21, 1991, the Chapter 7 Trustee filed a Notice of Intended Sale of the liquor license....
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*909 .OPINION A. INTRODUCTION On the Trustee’s appeal from this court’s award to him of final compensation of $2,305 in addition to prior interim compensation of $63,521.18 received by the Trustee, the district court remanded this matter to us (1) to review our power to reduce compensation requested by the Trustee sua sponte; (2) to conduct an evidentiary hearing ...
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MEMORANDUM OPINION Presently before the Court is an appeal of the bankruptcy court’s Order and Memorandum Opinion entered on April 30, 1990. In re Allegheny International, Inc., No. 88-448 (Bankr.W.D.Pa. 4/30/90). For the reasons stated hereafter, this Court affirms the bankruptcy court’s opinion in part, reverses in part, and remands for further proceedings. I. Facts ...
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*928 MEMORANDUM OPINION Before the Court is the motion of Second Pennsylvania Real Estate Corporation (Lessor) to compel payment of administrative rent allegedly owed it by the Debtor-in-Possession, Papercraft Corporation (Debtor). Debtor was not in default prepetition. Debtor filed this Chapter 11 bankruptcy on March 22, 1991. The first rental payments due postpetition were to b...
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MEMORANDUM OF DECISION Before the court are two motions seeking modification of the stay of 11 U.S.C. § 362(a) seeking to enable the movant to proceed in state court to seek to perfect mechanics’ liens against the debtor’s property. The facts are not in dispute. Once again this court will consider the relationship of bankruptcy law and the Maryland law of Mechanics’ Liens found in Maryland Re...
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MEMORANDUM OPINION This is an adversary proceeding to determine the validity of claims against the debtor, Waddell Jenmar Securities, Inc. The trial was held on April 18, 19, 22 and 23, 1991, in Raleigh, North Carolina. JURISDICTION On April 10, 1989, the United States District Court for the Middle District of North Carolina entered an order adjudicating that the customers of Wa...
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MEMORANDUM OPINION This matter comes before this Court upon the complaint of Catheryn Purnell (“plaintiff”) for a determination as to whether her former husband’s obligation in their divorce decree to hold the plaintiff harmless for a $110,769.28 1 tax penalty is nondischargeable under 11 U.S.C. § 523(a)(5)(B) on the basis that it is in the nature of alimony, maintenance or sup...
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On October 30, 1989, the Debtor, C.G. Chartier Construction, Inc., “Chartier,” filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the . Bankruptcy Court for the Eastern District of Louisiana. On November 21, 1989, Pelican Homestead and Savings Association, “Pelican,” a creditor of Chartier, filed a motion for Adequate Protection and Se-. questration of Rents. The mot...
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MEMORANDUM DECISION AND ORDER CAME ON for hearing the motion of Debtor for Sanctions against the United States, Internal Revenue Service (“IRS/Service”) for Violation of the Automatic and Co-Debtor Stays. Upon consideration thereof, the court now enters this memorandum decision and order thereon. JURISDICTION This matter is before the court on a motion brought under Sections 362...
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OPINION RE JURISDICTION ISSUE Once again, this court must visit the greyness of the statutory framework of *968bankruptcy jurisdiction. The issue before the court is whether this adversary proceeding is a core proceeding, a noncore related proceeding, or a noncore, nonrelat-ed proceeding with respect to the causes of action stated in the complaint.1 PROCEDURAL BACKGROUND Pal Nissan, Inc., the Debt...
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OPINION AND ORDER ON MOTION TO REOPEN This matter is before the Court on the Debtor’s Motion to Reopen this case in order to value the security interest of Am-eritrust in the Debtor’s residential real estate, and Ameritrust’s Memorandum Contra thereto. A hearing was held on this Motion on December 17, 1990. Present were Lee Mittman representing the Debtor, and Ralph Dill representing Amer...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT This matter is before the Court on the Motion for Summary Judgment filed by *980 William B. Logan, the duly-appointed Trustee in the Chapter 7 case, and the Memorandum Contra Trustee’s Motion for Summary Judgment and Motion for Summary Judgment filed by Consumer Credit Counseling Service. The Court has jurisdiction over this matter pursua...
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MEMORANDUM On March 25, 1991, the Court heard oral arguments on the consolidated appeals of the Mannings against the U.S. Trustee and Dominion Bank against the Mannings. The appeals stem from the Bankruptcy Court’s dismissal of the Mannings’ Chapter 7 bankruptcy petition under 11 U.S.C. § 707(b) and the Bankruptcy Court’s denial of Dominion Bank’s motion to dismiss under 11 U.S.C. § 707(a). At ...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Plaintiff-appellant David R. Herzog, as Trustee of the estate of debtor Network 90% Inc. (the “Trustee”), has appealed from an order of the Bankruptcy Court entering summary judgment in favor of the defendant-appellant SunarHauserman upon all counts of the Trustee’s complaint seeking to avoid certain prepetition and postpetition transfers to SunarH...
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OPINION This is an adversary proceeding seeking recovery of alleged preferential transfers and the matters under consideration are joint motions for summary judgment. *998 The relevant facts, as stipulated are as follows. The Debtor, Helen Gallagher Enterprises, Inc., sold gift items at retail and maintained retail outlets nationwide. Francis E. Giamette and Dolores A. Giame...
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AMENDED DECISION ON APPLICATIONS FOR COMPENSATION FOR MICHAEL, BEST & FRIEDRICH BASICS This Decision pertains to all fee applications of Michael, Best & Friedrich (“MB & F”). Since this case was commenced on December 5, 1988, MB & F has represented the debtor, Hutter Construction Co., Inc. (“HCCI”). It also represented two other related Chapter 11 debtors, THCC Corp. (“THCC”) and Acq...
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MEMORANDUM OPINION Now before the Court is an Objection to Dischargeability of Debt filed by separate debtor, Donald Meek, in the above adversary proceeding. This adversary proceeding was filed after the debtor filed a Motion to Reopen his closed Chapter 7 case. He received a discharge on November 27, 1989. He asserts a debt owed to the Defendants was discharged in that case. The matter came on...
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