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All Reporters → br → Volume 175

Opinions in br Volume 175

DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION Kathleen P. Dwyer, the Chapter 7 Trustee (“Trustee”) objected to the debtors’ claim of a $92,000 exemption in their residence pursuant to M.G.L. c. 188, § 1. The objection was based upon the fact that the Declaration of Homestead names both of the debtors as declarants. It appears that the debtors acquired the property in both of ...
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MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY I. ISSUE The principal issue presented in this relief from stay proceeding is what interest the debtor’s estate has in a joint bank account established by the debtor’s brother which, without the knowledge of the debtor, listed the debtor as a joint owner with the brother. II. BACKGROUND Anthony Sciarra (Anthony), the brother of Gerald N. ...
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*6 DECISION AFTER TRIAL This Adversary Proceeding arises under 11 U.S.C. §§ 542 and 546(c) and involves the business relationship between the Debtor and Hiross Industries. Although the two companies occupied the same building when Morrison commenced this voluntary Chapter 11 case, they only had two official affiliations. First, Morrison leased space from Hiross, which it used as its storage...
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MEMORANDUM OPINION Debtor, William A. Bryant, appeals the United States Bankruptcy Court’s ruling that neither good cause nor excusable neglect exists to justify Bryant’s untimely filing of Schedule C, listing his exemptions, and that Bryant’s exemptions are, therefore, waived. Bryant asserts that the bankruptcy court should have permitted the late filing for cause shown and excusable neg...
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DECISION ON ORDER DENYING MOTION TO DISMISS 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) — matters affecting the administration of the estate, (E)— orders to turn over property of the estate, an...
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MEMORANDUM The question is whether a claim for property damage can be nondischargeable under § 523(a)(9) 1 of the Bankruptcy Code. Only claims for personal injury or wrongful death can be nondischargeable under 11 U.S.C. § 523(a)(9); property damage claims are outside the scope of that section. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052. I. On February ...
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MEMORANDUM OF DECISION This Chapter 7 case is before the court on the trustee’s objection to an exemption claimed by the debtor in a workers’ compensation action. Because awards arising from such actions are exempt under Illinois law, the objection is overruled and the exemption allowed. Jurisdiction This matter is within the jurisdiction of the district court pursuant to 28 U.S.C. § 1334(b...
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ORDER GRANTING APPLICATION TO HIRE ATTORNEY THIS CAUSE is before the Court upon the debtor-in-possession’s Application for Order Authorizing Retention of Special Counsel filed on September 30, 1994, pursuant to 11 U.S.C. § 327(e). The debtor seeks to hire John W. Hall, 1 a distinguished attorney specializing in criminal law, for the special purpose of representing the debto...
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ORDER GRANTING MOTION TO REOPEN THIS CAUSE is before the Court upon the Motion to Reopen, filed on July 14, 1994, to which the debtor responded on August 11, 1994. Hearing on the matter was held on November 22, 1994, after which the Court made a ruling on the record. This Order is issued pursuant to the statements made by the Court at the hearing. The United States seeks to reopen the case, purs...
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JOURNAL ENTRY Background The debtors, Mark and Lorie Olson, filed a Chapter 13 petition on February 20, 1992. They subsequently filed a plan on March 5, 1992 (Filing No. 4). The plan treated the Internal Revenue Service (IRS) as a priority claimant under 11 U.S.C. § 507. The IRS’s claim was listed as $10,280.74 and based upon unpaid 1986, 1987 and 1988 federal income taxes. The plan provi...
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JOURNAL ENTRY Before the court is the Motion for Summary Judgment by the Internal Revenue Service (“IRS”) (Fil. # 9), and the debtor’s Resistance thereto (Fil. # 19). I conclude that the Motion for Summary Judgment should be sustained. FACTS The parties have agreed that there is no genuine dispute of fact in this case. On April 26, 1991, approximately a week and a half beyond the tax deadline,...
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MEMORANDUM AND ORDER This matter arose by Complaint filed January 28, 1994, with the plaintiffs/Debtors claiming the defendant Federal Crop Insurance Corporation (FCIC), effectuated a pre-petition setoff which constitutes a recoverable preference. The plaintiffs moved for summary judgment and the parties, by stipulation, have agreed that no genuine issue of fact exists and the issue may be re...
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*39 MEMORANDUM & ORDER The plaintiff commenced the above-entitled adversary proceeding by Complaint filed on June 6, 1994, seeking to have obligations stemming from a state court divorce decree as well as expenses associated with its enforcement declared nondischargeable pursuant to 11 U.S.C. § 523(a)(5). The matter directly before the court arises by a motion for summary judgmen...
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OPINION Counsel for a Chapter 11 2 debtor and debtor in possession filed its first and final fee application following successful confirmation of the debtor’s plan of reorganization. The bankruptcy court entered an order which awarded fees in an amount less than requested by counsel and costs in full. Counsel filed a motion for clarification of the bankruptcy court’s order...
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OPINION Jose Antonio Santiago (“debtor”) is the debtor in the above-captioned chapter 11 case. Floyd Irons (“Irons”) filed an adversary proceeding against the debtor and several other parties not in bankruptcy. The bankruptcy court dismissed the complaint as untimely filed. From this order, the plaintiff appeals. For the reasons stated herein, we reverse the decision of the bankruptcy court. ...
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OPINION I The bankruptcy court allowed a law firm with a prepetition secured claim against the debtor’s property to represent that debtor as general counsel in the bankruptcy case. We hold that a professional with a claim secured by the debtor’s property should be viewed as not disinterested as a matter of law. We REVERSE. II FACTS CIC Investment Corporation (“Deb...
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OPINION I A car dealer perfected its security interest in a motor vehicle twelve days after the security interest became effective between the parties. The bankruptcy trustee brought an action to avoid the security interest pursuant to Bankruptcy Code (“Code”) Section 547. Oregon law contains a twenty day grace period for perfection of such interests. The bankruptcy court ruled that the Orego...
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OPINION James Kaczmarczik filed an adversary proceeding against Jerry and Geraldine Van Meter, the debtors. Kaczmarczik mailed the complaint and summons to the Van Meters, and concurrently filed the same. As a result, • the Van Meters received an unfiled complaint and an unissued summons. The Van Meters were never served with a filed complaint or an issued summons. Recognizing that th...
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AMENDED MEMORANDUM DECISION This matter is before the court on the motion of the United States Trustee to surcharge the chapter 7 trustee the sum of $3i,456.03. 1 Statement of Facts On July 10, 1992, Michelle Evon Rollins filed a voluntary chapter 7 petition. Her schedules, particularly Schedule B, indicated that she was entitled to receive, prior to the commencement of ...
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MEMORANDUM OPINION AND ORDER OF COURT THIS MATTER came before the Court for trial on September 8, 9, and 16,1994. At the trial, Plaintiffs were represented by Peggy J. Anderson and Roman C. Pibl of Dufford & Brown, P.C. and Defendant was represented by Paul G. Quinn. I. INTRODUCTION Plaintiffs, Defendant, and several others were joint venturers in the Merham Company Joint Ventur...
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*87 ORDER AND OPINION ON BANKRUPTCY APPEAL TO DISTRICT COURT This matter comes before the Court on an appeal from the April 13, 1992 Order on Second Claim of Exemptions and Decision on Second Claim of Exemptions, of the United States Bankruptcy Court for the District of Wyoming. This Court, having reviewed the record on appeal, the briefs of appellants and appellees, and bein...
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ORDER This matter coming before the Court upon the motions of Herman E. Thomason and Michael C. Matsos, individually and on behalf of Executive Park Hotel, Ltd. (“movants”), seeking relief from the automatic stay concerning the Ramada Inn in Huntsville, Alabama under 11 U.S.C. section 362(d), and seeking conversion or dismissal of this case under 11 U.S.C. section 1112; and after notice and a h...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS MATTER came on for consideration upon the Plaintiff/Debtors’ Motion for Partial Summary Judgment and Defendants’ Motion for Partial Summary Judgment in the above captioned case. This Court has considered all arguments and evidence consistent with a ruling on a motion for summary judgment. See Celotex v. Catrett, 477 U.S. 317,106 S.Ct. 2...
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MEMORANDUM OF DECISION First National Bank of Damariscotta (“First National”), holding a claim secured by a mortgage on the debtors’ principal residence, has moved for relief from § 362’s automatic stay. 1 Having considered the evidence, including the parties’ post-hearing stipulations, for the reasons set forth below, First National’s motion is granted, but only to the ext...
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DECISION ON MOTION FOR SUMMARY JUDGMENT Suzanne Myers (“Myers”) filed her original petition in this case under Chapter 7 on December 18, 1992. On April 27, 1993, the case was converted to one under Chapter 13. In this adversary proceeding, filed June 20, 1993, she seeks relief against the Federal Home Loan Mortgage Co. (commonly, and herein, called “Freddie Mac”) and Century Mortgage...
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DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT and CREDITOR’S OBJECTION TO CHAPTER 13 PLAN 1. PROCEDURAL BACKGROUND The Debtors, Vivian P. and Fannie M. Brown (the “Debtors”), seek confirmation of their Third Amended Chapter 13 Plan (the “Plan”) and move for summary judgment in their adversary proceeding against Shore-wood Financial, Inc. (“Shorewood” or the “mortgagee”). In their adversary c...
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MEMORANDUM Several matters are before the Court: two motions for relief from the automatic stay, one filed by Federal Home Loan Mortgage Corporation (“Freddie Mac”) and the other by First NH Mortgage Corporation (“First NH”), as well as Freddie Mac’s objection to confirmation of the Debtor's Chapter 13 plan. The facts are not in serious dispute, although the Debtor’s proposed treatment of the u...
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OPINION Cumberland Farms, Inc. (the “Debtor”) has brought these proceedings against thirteen Massachusetts municipalities and one Maine municipality to contest the valuations of some forty-seven parcels of real estate. At issue are real estate taxes for fiscal years 1988 through 1993, all of which have been paid except the 1992 taxes. Also contested is the rate of interest on the 1992...
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MEMORANDUM OPINION Mary DeMaggio filed for chapter 13 bankruptcy relief on April 10, 1992. At the time of the filing of the petition, she owed the Town of Northwood $15,228.41 for unpaid real estate taxes and $753.64 for unpaid public assistance loans, including accrued interest at rates specified by the applicable state statutes up to the date of the filing. See Debtor’s Second Amend...
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INTERIM RULING ON MOTION TO DISMISS CHAPTER 12 PETITION I. The issue presented in this interim ruling on a motion to dismiss the debtor’s Chapter 12 petition is whether the debtor qualifies as a family farmer by having received more than 50 percent of her 1993 income from a farming operation. Code § 109(f) provides: “Only a family farmer with regular annual income may be a debtor under chapter ...
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On these cross motions for summary judgment, the debtor and his ex-spouse ask this Court to determine the proper application of a Chapter 7 discharge to obligations arising under a judgment of divorce for payment of certain real property taxes. Specifically at issue is whether the concept of maintenance under 11 U.S.C. § 523(a)(5) extends to the debtor’s duty to contribute to payment of real esta...
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OPINION INTRODUCTION The debtor brought this motion to estimate secured creditor ICC Lincoln Limited Partnership’s (“ICC”) claim at zero, to vacate ICC’s 1111(b) election and to vacate and strike ICC’s plan objection and voting ballot. ICC crossmoved seeking authorization to withdraw its 1111(b) election so that ICC may cast a ballot on its unsecured deficiency cla...
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MEMORANDUM Plaintiff North Penn Transfer, Inc. brought this action against defendant ATD-American Co. in order to collect the difference between (1) the freight charges actually charged by plaintiff to defendant and (2) the freight charges specified by the tariffs of plaintiff that were on file with the Interstate Commerce Commission (“ICC”) and/or were consistent with applicable intr...
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MEMORANDUM Before me are two motions filed by the defendant, Commonwealth of Pennsylvania Department of General Services. One motion seeks dismissal the above-captioned adversary proceeding; the second motion requests that abstention be granted. The plaintiff/debtor opposes both requests for relief. For the following reasons, I conclude that abstention is warranted. I. A. ...
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OPINION Before the Court is Nancy L. Bennett’s (the “Plaintiff’) Complaint to Determine Dis-chargeability of Debt Pursuant to 11 U.S.C. §§ 727(b) and 523(a)(5) (the “Complaint”). 1 Plaintiff is the Debtor’s estranged wife, having initiated a divorce proceeding in state court prior to the Debtor’s bankruptcy filing. Plaintiff seeks a determination from this Court that her cl...
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*190 MEMORANDUM OPINION We are called upon in this proceeding to determine which of two competing claimants shall recover from debtor’s estate for shipments of calcium silicon (hereinafter “CaSi”) that Bozel Mineracao e Ferroligas (hereinafter “Bozel”) produced and debtor HH(US) ultimately sold to its own customers. Bozel and Richard Kempe, Receiver for Hofflinghouse & Company Limited (hereinaf...
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ORDER DETERMINING SECURED CLAIM OF STATE FARM LIFE INSURANCE COMPANY This matter came before this Court upon the motion of State Farm Life Insurance *201 Company (“State Farm”) to determine its secured claim in the above referenced case. This opinion holds that State Farm’s secured claim is equal to the amount of indebtedness owed under the Deed of Trust Note and its modifications, other co...
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MEMORANDUM This matter is before the Court on a motion by Dalkon Shield Claimants Anthony, Florence and Jason Shukis to interpret the Sixth Amended and Restated Plan of Reorganization of the A.H. Robins Company (“Plan”) and the related documents under which the Robins Bankruptcy is being managed. The Movants have requested the Court to order that: (1) The Plan requires the Dalkon Shield Claimant...
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MEMORANDUM OPINION AND ORDER Before the court is the plaintiffs unopposed Motion to Withdraw Reference. The plaintiff brought this claim seeking a determination of the priority of its judgment lien and mechanic’s and materialman’s lien on certain property located at No. 1 Gulf States Road, Beaumont, Jefferson County, Texas. Defendant, Cantex Chemicals, Inc., filed a counter claim alleging that ...
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ORDER The Court has considered the status of the above-styled and numbered cause and appel-lee’s motion to dismiss appeal as moot. According to appellee’s motion, the real property at issue in this appeal was sold on May 24, 1993, and the proceeds of the sale were distributed to the creditors of the debtor, *214Mitchell Battros, pursuant to a separate order of distribution entered by the bankrup...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court upon Plaintiffs Motion for Summary Judgment, Memorandum in Support, and Reply; and Defendants’ respective Memoranda in Opposition, Cross-Motions for Summary Judgment, Memoranda in Support, and Replies. Upon review of the written arguments of counsel, supporting affidavits, and exhibits, the Court concludes the WSOS Communi...
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ORDER This matter comes before the Court to consider the appeal from the bankruptcy court’s order denying Plaintiff attorneys’ fees for Defendant’s willful violation of the bankruptcy code’s automatic stay provision. By operating as a stay against actions by creditors against debtors, § 362 of the bankruptcy code protects debtors. The legislative history of § 362 is clear: “The a...
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MEMORANDUM RE PLAINTIFFS’ COMPLAINT TO SET ASIDE HOME FORECLOSURE SALE COMBINED WITH NOTICE OF THE ENTRY THEREOF In this adversary proceeding the plaintiffs, Joseph F. Ferrell and Lisa C. Ferrell, the above-named chapter 13 debtors (“Debtors”), seek to set aside a foreclosure of their home. Pursuant to Fed.R.Bankr.P. 7012(c) the parties have requested the Bankruptcy Court for a judgm...
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MEMORANDUM OPINION This matter is before the Court on Plaintiffs’ Motion for Sanctions. For the reasons that follow, Plaintiffs’ motion is presently denied. DISCUSSION Plaintiffs Sparks Tune-up Centers, Inc. and Sparks National Owners Association, Inc. move this Court to enter an order sanctioning Defendants Lee Strong and Linda Strong (“the Strongs”). Essentially, the plaintiffs motion is premi...
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MEMORANDUM OPINION AND ORDER Peachtree Lane Associates, Ltd. (“Peach-tree” or “debtor”), a chapter 11 debtor-in-possession, filed an adversary action (subsequently amended) against Harry, Alan, and Daniel Granader (collectively “defendants”) seeking a declaratory judgment determining the parties’ rights under a grant of easement and seeking injunctive relief against the defendants, ...
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MEMORANDUM OPINION These matters come before the Court on the motions to strike the fourth affirmative defenses of Greater Orlando Aviation Authority (“GOAA”), Jacksonville Port Authority (“JPA”), and Palm Beach County (“PBC”), (collectively referred to as the “Creditors”), and to strike their counterclaims for recoupment. The motions are brought by Sheldon L. Solow (the “Trustee”) as...
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MEMORANDUM OF OPINION This adversary proceeding relates to the bankruptcy case of the defendant, Debtor Thomas R. Volpert, Jr. (“Debtor” or “defendant” or “Volpert”), filed under Chapter 7 of the Bankruptcy Code. The Plaintiff, People of the State of Illinois, ex rel. Secretary of State George Ryan, by and through Attorney General Roland W. Burris (“State” or “Attorney General”), file...
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OPINION This case is before the Court on remand from the Honorable Michael M. Mihm, Chief United States District Judge for the Central District of Illinois. The Debtors, BOBBY GENE COX and VERNA JEAN COX1, filed a Chapter 13 bankruptcy petition on November 25, 1991, but the controversy underlying this dispute did not begin there. Back in 1985, the DEBTORS began residing at a house located at 404 ...
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DECISION and ORDER On September 28, 1993, Bobilya Chrysler, Plymouth, Dodge, Inc. (“Bobilya Chrysler”), Plaintiff, filed its COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT (“Complaint”) against Rick Douglas Gross (“Gross”), Debtor herein. At the beginning of trial on the Complaint, counsel for Bobilya Chrysler moved orally to amend the pleadings to conform to the evidence. Following ...
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MEMORANDUM OPINION On July 23, 1993, Billy G. Billingsley and Ruth Ann Billingsley (debtors) filed a voluntary petition for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. On August 19, 1993, the debtors filed a complaint against Helena National Bank (the Bank), Charles D. Roscopf (Roscopf), Trustee, Gene Ridge, and Wanda Ridge to set aside an alleged preferential ...
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MEMORANDUM This Memorandum addresses the Trustee’s Motion for Summary Judgment dated September 19,1994, and the Defendants’ Motion for Summary Judgment filed on October 6, 1994. The determinations and orders in this *290 matter are entered after a consideration of the record as a whole. This Adversary Proceeding is based upon an Amended Complaint to Enforce the Stay ...
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MEMORANDUM OPINION Mercantile Bank of St. Louis, the creditor in this Chapter 7 bankruptcy case (“Mercantile”), moved this Court to compel the debtors to reaffirm the debt to Mercantile for a 1992 Pontiac Sunbird, VIN # 1G2JB14T8N7560179 (the “Sunbird”), to redeem said collateral, or, in the alternative, to surrender the Sunbird. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (0...
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ORDER HOLDING DEBT TO BE NONDISCHARGEABLE This matter is before the Court on the complaint filed by Phoenix Bowling Corporation (Phoenix) to determine the discharge-ability of an obligation owed to it by the debtor Jeanne Marie Mason, a/k/a/ Jeanne Marie Campoli, a/k/a Jeanne Marie Towner. After reviewing the evidence produced at trial and the briefs of the parties, the Court determin...
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MEMORANDUM In this fraudulent conveyance action brought by the Chapter 11 trustee, I hold that former counsel to the debtor-in-possession is ethically disqualified from representing the defendant. Counsel for the defendant, Mr. John Guth-ery, has filed a motion seeking a determination of his ability to continue as counsel in this adversary proceeding. This is an action by the tru...
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MEMORANDUM Hearing was held on August 26,1994. Appearing on behalf of debtor was Ann Nolan and D. Milo Mumgaard of Legal Aid Society, Inc. Appearing on behalf of the United States was Karen Baker of Washington, DC. Appearing on behalf of the trustee was Chris Curzon of Schmid, Mooney & Frederick, P.C., Omaha, Nebraska. Appearing on behalf of the Nebraska Department of Revenue was Jame...
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MEMORANDUM & ORDER The Chapter 7 Trustee, Phillip D. Armstrong (Trustee), commenced the above-entitled action by Complaint filed on February 17, 1994, seeking to avoid the security interests given by the debtors to Dakota Western Bank of Bowman (Bank) in specified CRP payments and oil royalty payments. 1 The Trustee essentially asserts that the Bank’s security interests in the ...
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OPINION C.F. Brookside, Ltd. (“Brookside”) appeals an order of the bankruptcy court reaffirming its prior grant of summary judgment in favor of Skyview Memorial Lawn Cemetery (“Sky-view”). We affirm in part and reverse and remand in part. I. Background In 1979, Brookside sold an apartment project located in Redondo Beach, California (the “Project”), to Affordable Housing Corpora...
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OPINION A bankruptcy trustee sought sanctions against several state court defendants for willful violation of the automatic stay of 11 U.S.C. § 362(a) when the state court, after determining that defense issues were not affected by the automatic stay, granted the defendants’ motion for a summary judgment, dismissed the lawsuit, and awarded them costs. The bankruptcy court ruled to the contrary,...
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OPINION OVERVIEW The Franchise Tax Board of the State of California (the FTB) continued to receive money from a wage garnishment of the debtors after receiving notice of the debtors’ Chapter 13 bankruptcy and instigated other proceedings against the debtors for a period of some five years. On motion by the debtors, the court assessed against the FTB the debtors’ attorney’s fees a...
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OPINION This appeal concerns the timely issue of the length of the statute of limitations provision applicable to a trustee that is appointed pursuant to § 546 of the Bankruptcy Code. Some courts have found Softwaire Centre and San Joaquin in disagreement on this issue. The debtor in possession operated the estate for seven years at which time the case was converted ...
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OVERVIEW The debtor and others formed a “Massachusetts Trust” which acted as surety for certain investment loans. The surety failed to pay on claims after the loans had defaulted. When the debtor filed his chapter 7 petition, the creditors brought an action under 11 U.S.C. § 523 to bar discharge of their claims. After trial, the bankruptcy court adjudged the debts nondischargeable. We AFFI...
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AMENDED MEMORANDUM DECISION ON WESTERN FARM CREDIT BANK’S MOTION TO ALTER OR AMEND ORDER DISMISSING CASE AND/OR FOR RECONSIDERATION This matter comes before the court on Western Farm Credit Bank’s (“Bank”) motion to alter or amend and/or for reconsideration of the court’s order dismissing debtors' Chapter 12 case. Introduction After four years as debtors under Chapter 12 and...
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MEMORANDUM DECISION This matter comes before the court on defendant’s motion to dismiss the above-referenced adversary proceedings. The motion was heard on July 7, 1994. Facts On April 1,1992, the debtor, Catwil Corporation (“Catwil”), filed its voluntary Chapter 11 petition. About two years later, on March 7, 1994, this Court authorized the Official Committee of Unsecured C...
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OPINION This is an action to except a creditor’s claim from discharge pursuant to section 523(a)(2)(A). This Court has jurisdiction of this proceeding pursuant to 28 U.S.C. section 157(a), (b)(2)(I), 1334(b) and 11 U.S.C. section 523(c). This is a core proceeding in which the Court is authorized to hear and determine all matters relating to this case. 28 U.S.C. § 157(b)(2)(I). FACTS The deb...
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MEMORANDUM OP DECISION Potlatch No. 1 Federal Credit Union (“PFCU”), an unsecured creditor, objects to the debtors’ claim of homestead exemption and to the confirmation of the debtors’ Chapter 13 plan. Lonnie Lee Cavanaugh and Kristen Cava-naugh filed their joint petition for relief pursuant to Chapter 13 of Title 11 of the United States Code on July 8, 1994. I. HOMESTEAD EXEMPTION Pu...
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MEMORANDUM OF DECISION The plaintiffs’ “second amended complaint to establish dischargeability” seeks a judgment of nondisehargeability under the provisions of 11 U.S.C. § 523(a)(4) and (6) 1 , and *377 11 U.S.C. § 727(a)(2) 2 , the embezzlement, malicious injury to property, and concealment of assets exceptions to discharge. Defendant ...
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MEMORANDUM OF DECISION Gulf USA Corporation (“Gulf’) and Pintlar Corporation (“Pintlar”) (collectively referred to hereinafter as “debtors”) filed this adversary proceeding against The Fidelity and Casualty Company of New York (“Fidelity”) and Continental Insurance Company (“Continental”) for violation of the 11 U.S.C. § 362 automatic stay. (Fidelity and Continental and hereinafter collec...
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*387 ORDER At Butte in said District this 7th day of December, 1994. In this Chapter 7 case, the Chapter 7 Trustee filed a Motion To Determine Tax Liabilities and payment thereof after sale of an asset by the estate which resulted in substantial federal and state capital gains taxes. The motion is resisted by the U.S. Internal Revenue Service (IRS) and Office of the U.S. Tru...
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ORDER I. FACTUAL BACKGROUND According to the facts as set forth in its Amended Complaint (# 15), Plaintiff Rannd Resources, Inc. (“Rannd”) is a Washington corporation which was formed in 1991 to engage in mining activities. In late 1991, Rannd discovered certain mining claims in Nye County, Nevada (hereinafter the “Leased Properties”), which it believed held valuable gold mineral deposits. In J...
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OPINION The State of Oregon, Department of Human Resources, Senior & Disabled Services Division (the State), appeals the order of Bankruptcy Judge Polly Higdon. 163 B.R. 180. Under that ruling, the State holds a general, unsecured claim and is not entitled to administrative expense priority under 11 U.S.C. § 503(b)(1)(A) for costs incurred in closing the debtor’s nursing facility. Oral ar...
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OPINION This matter came before the court upon objections to confirmation of the debtors’ chapter 13 plan by the State of Oregon, Adult and Family Services Division (creditor). The creditor is represented by Bonnie Canary and the debtors are represented by Caroline Cantrell, both of Portland, Oregon. The creditor is the holder of an allowed unsecured claim against one of the debtors, Candi Co...
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ORDER This matter is before the Court on a motion filed by the debtors for the return of certain personal property, to hold Don Johnson in contempt of court for willful violation of the automatic stay, and for actual and punitive damages. 11 U.S.C. § 362(h). The hearing in this matter was held on the 20th day of September, 1994. From the evidence presented, the Court makes the following findi...
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ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS The Plaintiff in this adversary proceeding, Oscar Huff, has filed a Notice of Appeal and an Amended Notice seeking reversal of this Court’s order declaring dischargeable any debt owed to him by Jessé Brooks pursuant to 11 U.S.C. § 523(a)(6). 1 Mr. Huff has filed a motion seeking leave to appeal in forma pauperis pursuant to 28 U.S.C. § 19...
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ORDER ON FEE APPLICATIONS OF COOPERS AND LYBRAND THIS CAUSE came on for consideration upon Final Evidentiary Hearing of United States Trustee’s and Debtor’s Objection to Coopers and Lybrand’s Application for Compensation and Reimbursement of Expenses. The Court having considered the evidence, together with the record, makes the following findings. I. BACKGROUND OF DEBTORS The ab...
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MEMORANDUM OPINION AND ORDER CONTINUING AND MODIFYING PRELIMINARY INJUNCTION The Court conducted a hearing on November 28, 1994 in furtherance of an Order Entering Preliminary Injunction entered by Chief Bankruptcy Judge Cristol on November 4, 1994 (“November 4 Order”). The November 4 Order was entered following emergency hearings on November 3 and 4, 1994 on the Verified Complaint of the for...
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MEMORANDUM The issues before the Court concern (1) the adequacy of notice to a creditor of a bankruptcy filing, and (2) the bankruptcy court’s discretion to extend the deadline for filing complaints objecting to a debtor’s discharge and to nondischargeability of a claim, after the expiration of the filing deadline. A. PROCEDURAL HISTORY The facts involved in this case are no...
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MEMORANDUM OPINION This matter came before the Court for hearing on November 30, 1994, on the debtors’ motion to convert to Chapter 13 or, in the alternative, dismiss so that the debtors could re-file under Chapter 13. The question raised by the debtors’ motion was whether the debtors, whose case was pending prior to enactment of the Bankruptcy Reform Act of 1994 and whose debts exceeded the al...
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OPINION AND ORDER: FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was tried before the Court from May 4, 1994 to June 10, 1994. The findings *445 of fact and conclusions of law of this Court are as follows. I. CHRONOLOGY OF THE PAN AM-DELTA TRANSACTION Pan Am Corporation and its subsidiaries (hereinafter “Pan Am”) filed for bankruptcy protection on Januar...
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AMENDED DECISION ON SANCTIONS 1 Once in a long while an attorney for the debtor in possession in a chapter 11 case, who is an officer of the court, engages in *519 conduct which is sufficiently violative of that relationship that sanctions must be imposed so as to preserve the integrity of the bankruptcy process. This is such a ease. I. The sanctionable conduct arises from statements ma...
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DECISION ON UNITED STATES TRUSTEE’S MOTION TO DISQUALIFY WEIL, GOTSHAL & MANGES AS DEBTORS’ COUNSEL AND TO IMPOSE AN ECONOMIC SANCTION AGAINST WEIL, GOTSHAL & MANGES Rarely am I faced with a motion as troubling as this one, the United States Trustee’s motion to disqualify Weil, Gotshal & Manges (“Weil Gotshal”), the debtors’ counsel, from further representation of its clients a...
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MEMORANDUM OPINION This opinion sets forth the court’s decision on a motion by plaintiff E & C Holding Company, the debtor-in-possession (hereinafter “the debtor”), to vacate the court’s order of April 26, 1994 granting partial summary judgment in favor of defendant Township of Piscataway (hereinafter “Piscataway”). The court determined on that motion that Piscat-away held a claim against defen...
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OPINION A. INTRODUCTION The Plaintiffs in the instant proceeding have, in their post-trial briefing, narrowed the issue before us to whether this court should declare that accounts receivable generated by their home health care services performed on behalf of the Debtor hospital are not property of the Debtor’s estate because they constitute the res of a constructive trust cr...
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MEMORANDUM OPINION Andrew Schwartz, the chapter 7 trustee of Harry Levin, Inc., t/a Levin’s Furniture, has commenced two separate adversary proceedings. The first, Adv. No. 94-0451, has *564 named Peter J. Kursman as the sole defendant, while the second, Adv. No. 94-0452, names Jetronic Industries, Inc. as the sole defendant. Both proceedings were filed on June 3, 1994. ...
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MEMORANDUM A. BACKGROUND On December 1, 1994, this court presided over a consolidated hearing on the Motion of U.S. Concord, Inc. (“Concord”) for Relief from the Automatic Stay under 11 U.S.C. § 362(a) Enjoining [Both Above-Captioned] Debtors from Use of Cash Collateral, for an Accounting and for Turnover of Cash Collateral or, Alternatively, to Dismiss [These] Case [sic] Pursuant to 11 U...
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MEMORANDUM OPINION Several matters are before the court at this time. Richard Kronz and Sylvia Kronz (the “Kronzes”) seek a determination at Adversary No. 93-2576-BM as to the validity, priority, and extent of their mortgage lien against real property located at 406 Cubbage Street and 117 East Mall Plaza in Carnegie, Pennsylvania. Debtors deny that the lien is valid and alternati...
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MEMORANDUM OPINION This court has before it a Motion To Prohibit The Use Of Cash Collateral filed by Crestar and the Debtor’s Response thereto. Both parties have submitted supplemental memoranda which this court also has considered. At the preliminary hearing, Crestar’s motion was denied due to insufficient evidence upon which this court could find that the funds at issue were Crestar...
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MEMORANDUM OPINION Trial was held on August 9, 1994, on plaintiffs complaint to except a debt from *611discharge pursuant to 11 U.S.C. § 523(a)(2)(A). At the conclusion of the trial, the court granted leave for plaintiff to amend the complaint1 to include a claim under 11 U.S.C. § 523(a)(6). The court took the matter under advisement. For the reasons stated in this memorandum opinion, the debt ...
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MEMORANDUM OPINION In this adversary proceeding plaintiff filed a complaint seeking to except a debt from debtor’s discharge pursuant to provisions of 11 U.S.C. § 523(a)(5) and also to deny debt- or’s discharge in bankruptcy pursuant to 11 U.S.C. § 727(b). In response debtor moved to dismiss, alleging that plaintiff is without standing to bring the action. Because this court finds that the plain...
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MEMORANDUM OPINION Final hearing was held on November 14, 1994, on Debtor William. Howard Dunham’s motion to Show Cause Against Curtis Black for an alleged violation of the automatic stay. Because the contempt judgment, entered to uphold the dignity of the state court, did not violate the automatic stay, the court denied the motion. This memorandum opinion supplements the court’s bench ruling...
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MEMORANDUM OPINION This matter comes before the Court on the complaint of AVCO Financial Services, Inc. (“AVCO”) for determination of the discharge-ability of a debt owed to it by Everette Abdul’Faruq and Shawna Abdul’Faruq (the “Abdul’Faruqs”) pursuant to 11 U.S.C. § 523(a)(2)(B). This is a core proceeding, over which this Court has jurisdiction pursuant to 28 U.S.C. §§ 157(b)(2)(I) and 1334...
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MEMORANDUM OPINION AND ORDER We 1 begin this opinion with dictum. Often it makes the better point. They think themselves anointed. Ah, take the cash, and let the credit go, Nor heed the rumble of a distant drum! —The Rubaiyat of Omar Khayyam *625 Over all of these years we have heard the argument of credit unions seeking a favored status 2 in the bankruptcy court which the law s...
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*628 MEMORANDUM OPINION Hearing was held on September 29, 1994, on debtors’ objection to a proof of claim filed by creditor who had obtained a deed in lieu of foreclosure on certain property in partial satisfaction of a promissory note secured by a deed of trust on the property. Debtors allege that creditor’s execution of this deed in lieu of foreclosure “constitutes a full r...
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MEMORANDUM OPINION AND ORDER CONTAINING THE COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW CCEC Asset Management Corporation (CAMC) seeks a judgment against Chemical Bank under 11 U.S.C. § 550 upon the avoidance of a series of three transfers under 11 U.S.C. § 544. The court issued a partial summary judgment by bench ruling on March 21, 1994, and conducted a trial of the remaining is...
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OPINION REGARDING CONFIRMATION OF CHAPTER 13 PLAN INTRODUCTION On April 20, 1994, Great Lakes Exteriors, Inc., obtained a default judgment in Oakland County circuit court against Patrick Mannor. The judgment is for $41,383.30, an amount which comprises damages of $41,020.46 and $362.84 in interest, costs and attorney fees. Mannor filed for chapter 13 relief eight days later. His Schedule F in...
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SUPPLEMENTAL OPINION REGARDING NEW VALUE EXCEPTION TO THE ABSOLUTE PRIORITY RULE In In re U.S. Truck Co., Inc., 800 F.2d 581 (6th Cir.1986), the Court held that the stockholders of a corporate debtor can, consistent with the requirement of 11 U.S.C. § 1129(b)(2)(B)(ii), 1 retain their shareholder interest by making a contribution to the reorganized debtor that is both substantial and esse...
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SUPPLEMENTAL OPINION Concerned Citizens for Addison Community Hospital Authority [“Concerned Citizens”] filed a motion to intervene in this chapter 9 proceeding under Fed.R.Bankr.P. 2018. For the reasons stated in this opinion, 1 the Court concludes that the motion should be denied, but that members of Concerned Citizens who are creditors must be allowed an opportunity to be heard under 11 ...
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ORDER The Internal Revenue Service (IRS) appeals from an Order of United States Bankruptcy Judge Richard Stair, Jr. of the United States Bankruptcy Court for the Eastern District of Tennessee, which granted summary judgment to debtors Joey L. Bentley and wife Letha Bentley with regard to their objection to part of an IRS claim. For the reasons which follow, we AFFIRM. I. BACKGROUND. The...
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MEMORANDUM OPINION AND ORDER BACKGROUND This adversary proceeding arises out of an ongoing Chapter 7 Bankruptcy action in the Bankruptcy Court for the Northern District of Illinois. The debtor in the Chapter 7 action is Lifschultz Fast Freight Corporation, a trucking company that operated under the Interstate Commerce Act, 49 U.S.C. § 1, et seq. In the present suit, the trustee is attempting to co...
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MEMORANDUM, OPINION AND ORDER This matter is before the Court on a Motion for Reconsideration brought by Ziebell Water Service Products, Inc. 1 In this motion, Ziebell requests the Court to reconsider its order denying Ziebell’s motion for Leave to File Proof of Claim Instanter filed several weeks after the date set by the Court by which claims had to be filed. See ...
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MEMORANDUM OPINION The delightful quality of fraud lies in its infinite variety ... 1 INTRODUCTION This matter revolves around the events leading up to and culminating in a two day mediation conference at which Sizzler Restaurants International, Inc. (“Sizzler”) paid $4,175,000 to settle litigation between itself, *676 FBN Food Services, Inc. (“FBN”) and...
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MEMORANDUM OPINION The matter before the Court is the Motion of Defendants Helmsley-Spear, Inc. and Northern Illinois Gas (collectively referred to *694 as “Defendants”) to Dismiss Count VII and XI, respectively, of the Plaintiffs Complaint. Catherine Steege, not individually but as Trustee (“Trustee” or “Plaintiff’) for the Estate of Superior Toy and Manufacturing Co., I...
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MEMORANDUM OPINION I.INTRODUCTION The Debtors in this chapter 13 case bought a 1992 Bonneville with secured financing from Bank One. They now want to “strip down” Bank One’s lien on the car so that they can satisfy that lien by paying only the value of the car, which is less than the total balance remaining due Bank One. Relying upon In re Hernandez, 162 B.R. 160, 163 (Bankr.N.D.Ill.1993)...
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ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS This proceeding came on for hearing on the defendants’ motion for judgment on the pleadings. Gordon B. Conn, Jr., appeared for the plaintiff. Jane S. Welch appeared for the defendants. This court has jurisdiction over this motion pursuant to 28 U.S.C. §§ 157(a) and 1334, Bankruptcy Rule 5005, and Local Rule 201. This is a ...
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MEMORANDUM OPINION AND ORDER On March 7, 1994, a hearing was held on Timothy Seyferth’s Amended Second Motion for Contempt, the final motion in a series of contempt pleadings. The bankruptcy trustee supported Mr. Seyferth’s current motion and previous motions for contempt, and by order entered January 31, 1994, was permitted to intervene in the contempt proceedings which are the subje...
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ORDER DENYING REQUEST FOR PAYMENT OF ADMINISTRATIVE EXPENSE FILED BY AMERICAN DRUG STORES, INC. AND DENYING MOTION FOR RECONSIDERATION OF DISALLOWANCE OF GENERAL UNSECURED CLAIM This matter is before the Court on the request for payment of administrative expense filed by American Drug Stores, Inc. d/b/a Oseo Drug Stores (American Drug) and the objection to the request filed by Food Ba...
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MEMORANDUM This adversary complaint is before the Court. Appearing on behalf of debtor is Albert Burnes of Omaha, Nebraska. Appearing on behalf of the defendant is Paul Peter, of Bruckner, O’Gara, Keating, Hen-dry, David & Nedved, P.C., Omaha, Nebraska. This memorandum contains findings of fact and conclusions of law required by Fed. Bankr.R. 7052 and Ped.R.Civ.P. 52. This is *...
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*737 ORDER Alton J. Wilson appeals the bankruptcy court’s decision not to avoid a judicial lien held by George S. Wynns. Wynns cross-appeals the bankruptcy court’s determination that Wilson is entitled to a homestead exemption under California law. Wilson claims a homestead exemption on his property at 3392 64th Avenue, Oakland, California, (the property) in which he holds a...
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ORDER DENYING DISMISSAL OF ADVERSARY PROCEEDING STATEMENT OF FACTS Defendant Biljo, Inc. seeks dismissal of this adversary proceeding on the grounds that the complaint filed by Plaintiff, Samuel R. Biggs, Chapter 7 Trustee, was filed after the time to commence such an action had expired under 11 U.S.C. § 546(a). The relevant facts are not in dispute. The bankruptcy case was ...
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MEMORANDUM OPINION Margaret Rose Hilt and Leonard D. Hilt owned a residence homestead as joint tenants with right of survivorship 1 before Margaret filed a petition for divorce in 1985. The District Court of Shawnee County, Kansas, entered a divorce decree on September 16, 1985, granting Margaret Hilt the homestead and Leonard Hilt a judicial lien 2 on the homest...
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MEMORANDUM OPINION Barkley 3A Investors, Ltd., filed a voluntary Chapter 11 petition 1 on June 13, 1994, and continues in possession of its office building property under 11 U.S.C. §§ 1107 and 1108. 2 PFL Life Insurance Company (“PFL”) holds debtor’s $2.5 million note secured by a mortgage and assignment of rents on the building property which is valued between...
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ORDER Now before the Court is an appeal by CCF, Inc. of a decision by the United States Bankruptcy Court for the Northern District of Oklahoma. The Bankruptcy Court awarded Appellee First National Bank $111,053.41 under Section 509 of the Bankruptcy Code. CCF now challenges that decision, contending the Bankruptcy Court erred, as a matter of law, in awarding First National Bank the mo...
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MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT The narrow issues raised by the cross motions for summary judgment concern whether or not the Internal Revenue Service is entitled to a priority claim for unpaid income taxes, and the stare decisis effect of a decision of the Court of Appeals for the Tenth Circuit. The plaintiffs-debtors brought their complaint seeking a determination ...
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ORDER AFFIRMING BANKRUPTCY COURT’S ORDER ON LESSORS MOTION FOR RELIEF FROM STAY OR IN THE ALTERNATIVE. MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM BEFORE THIS COURT is an appeal from an Order On Lessor’s Motion for Relief from Stay or in the Alternative Motion for Allowance of Administrative Expense Claim entered by United States Bankruptcy Judge A. Jay Cristol on August 20, ...
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MEMORANDUM OPINION AND ORDER AFFIRMING ORDER OF BANKRUPTCY COURT The Debtor, Anthony S. Caserta, appeals the Order That Sanctions Not Be Imposed on Gerald J. Tobin in Connection With His Filing And/Or Withdrawal of Claims, entered on July 2, 1993, by Chief Judge A. Jay Cristol of the United States Bankruptcy Court for the Southern District of Florida. Procedural and Factual Backg...
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AMENDED MEMORANDUM OPINION 1 Plaintiff, Soneet R. Kapila, the Trustee for the bankruptcy estate of Data Lease Financial Corporation (“Trustee” or “Kapila”), has filed a motion for summary judgment on a complaint against the Defendant and Debtor in this case, Roy W. Taimo (“Debtor” or “Taimo”) to except a debt from discharge. The complaint asserts that a debt arising from an...
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ORDER This matter arises on the Chapter 13 Trustee’s motions to dismiss with prejudice and for imposition of sanctions against Debt- or and Debtor’s attorney. Hearing was held August 1, 1994. Debtor did not appear. Pursuant to direction of the court at the hearing, Debtor’s attorney filed a post-hearing report August 22, 1994 (the “Report”). An amendment to that report (the “Amendment...
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MEMORANDUM OPINION AND ORDER These companion cases are on appeal from a decision of the Bankruptcy Court. The primary issue in the case below was who owned 1631-1644 Kalorama Street, N.W., Washington, D.C. (“Property”). On June 2, 1994 the bankruptcy judge granted summary judgment for the plaintiffs/appellees (“appel-lees”) invalidating both the title defendants/appellants (appellants) had obta...
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MEMORANDUM OPINION REGARDING PLAINTIFF’S MOTIONS FOR PARTIAL SUMMARY JUDGMENT David B. Tatge, the Trustee in this Chapter 7 case, filed this adversary proceeding pursuant to Bankruptcy Code section 723(a) against various partners and former partners in the debtor partnership. The Trustee seeks contribution from the defendants for the deficiency in estate assets to pay those claims on whic...
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DECISION AND ORDER DENYING MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.’S, REQUEST FOR RELIEF AFTER RECONSIDERATION OF DECISION AND ORDER DATED NOVEMBER h, 1993 Before the Court is the Motion for Reconsideration filed by the law firm Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (“Mintz Levin”), seeking relief from our November 4,1993 Order Setting Final Compensation in the amoun...
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Decision on Motion to Avoid a Judicial Lien The debtor, Irene Vizentinis (hereinafter, the “Debtor”), moves pursuant to 11 U.S.C. § 522(f) to avoid a judicial lien as impairing her homestead exemption under New York Civil Practice Rules and Procedure (hereinafter, “CPLR”) Section 5206(a) and New York Debtor and Creditor Law (hereinafter, “DCL”) Section 282. The City of New York (hereinafter, th...
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Decision on F.R.B.P. 9011 Sanctions This decision addresses the imposition of sanctions pursuant to Fed.R.Bankr.P. 9011 (hereinafter, “Rule 9011”). For the reasons that follow, we find the Debtor’s former attorney, Howard J. Diller, Esq. (hereinafter, “Diller”), subject to sanctions. This proceeding is subject to the bankruptcy court’s jurisdiction under 28 U.S.C. §§ 1334(b) and 157(a) and the Ord...
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OPINION Defendants Alltel Cellular Associates of Arkansas Limited Partnership, an Arkansas Limited Partnership, Alltel Mobile Communications of Arkansas, Inc., Alltel Mobile Communications (collectively “Alltel”) have moved to transfer this action to the United States District Court for the Eastern District of Arkansas pursuant to 28 U.S.C. § 1404(a) (1993). The motion to transfer to ...
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MEMORANDUM DECISION OVERRULING OBJECTIONS TO THE DEBTOR’S DISCLOSURE STATEMENT The ostensible matter before the Court— approval of the Debtor’s disclosure statement — masks the real issue: should the Court designate a secured creditor’s vote based on claims purchased during the Chapter 11 case for the avowed purpose of defeating confirmation? KHD Acquisition Corp. (“KHD”) holds an approxi...
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MEMORANDUM OPINION INTRODUCTION Before the court in this adversary proceeding is a motion by the Debtor plaintiff for a preliminary injunction to enjoin the defendant from prosecuting a California state court action against former and present directors of the Debtor plaintiff. Because I find that the Debtor plaintiff could suffer irreparable harm from the indemnification and coll...
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OPINION On this motion, we are reconsidering our denial of the trustee’s summary judgment motion seeking disgorgement of monies paid to the Township of Pemberton (“Township”) following the sale of assets of debtor’s estate. FACTS Tabone, Inc. (“debtor”) filed a petition for relief under Chapter 11 of the Bankruptcy Code on February 25, 1991. Debtor’s case was converted to Ch...
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OPINION A. INTRODUCTION The posture of the above-captioned individual Chapter 11 cases of two brothers and their respective wives is unusual and is explained by the fact that the matter was reassigned to this judge in the midst of a plan-confirmation process which the predecessor judge had apparently determined should occur prior to the court’s trying (1) underlying adversary...
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OPINION A INTRODUCTION This proceeding presents the issue of whether the Debtor herself must have obtained property by false pretenses, false representation, or fraud in order to have a debt declared non-disehargeable on the basis of 11 U.S.C. § 523(a)(2)(A). We agree with those cases which do not confine § 523(a)(2)(A) to instances where a debtor receives a direct benefit from such actio...
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MEMORANDUM OPINION This matter is before the court on BT Commercial Corporation’s (“Plaintiff’) Motion for Summary Judgment and Memorandum of Law in Support of Motion for Summary Judgment, filed June 1, 1994 in The United States Bankruptcy Court for the Middle District of North Carolina; Kenneth M. Kochekian’s (“Defendant”) Motion for Partial Summary Judgment and Memorandum of Law in Supp...
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MEMORANDUM OF OPINION AND ORDER THIS MATTER is before the Court on appeal from the Judgment and Order of United States Bankruptcy Judge Marvin R. Wooten, entered August 10, 1993. Judge Wooten found that the United States of America, Defense Finance & Accounting Service, violated the automatic stay provision of the Bankruptcy Code and ordered monetary sanctions payable to the Debtors/M...
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DECISION AND ORDER Hearings were held on October 26, 27, and 28, 1994, on the motion of Crestar Bank (herein Crestar) to dismiss the Chapter 11 case of AMA Corporation (herein the Corporation) on the ground that the case was filed in bad faith. The Court has heard testimony, judged the credibility and demeanor of witnesses, and considered authority provided by the parties. For the reasons...
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AMENDED MEMORANDUM OPINION Before the Court is a complaint filed by Bettye Phillips to obtain declaratory relief regarding potential claims Bettye Phillips may have against the Debtor. The Court consolidated the complaint for trial with an adversary proceeding filed by the Debtor against Bettye Phillips (Adversary No. 94-6020). At the conclusion of the trial, the Court rendered its findin...
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AMENDED SUPPLEMENT TO BENCH OPINION OF NOVEMBER 2, 1994 RELATING TO ASSIGNED RENTS AS PROPERTY OF THE ESTATE This Opinion supplements the bench opinion of November 2, 1994. 1 At that time, the Court orally ruled that assigned rents arising from the operation of Debtor’s shopping center are property of the Debtor subject to the Code’s constraints on the use of cash collateral pursuant to § 3...
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OPINION AND ORDER This action is before the Court on appellant’s appeal from the bankruptcy court’s order discharging appellees’ 1981 and 1983 income tax liabilities pursuant to 11 U.S.C. § 523(a)(1)(A). On November 27, 1991, appellees filed a petition in bankruptcy court under Chapter 7 of Title 11. Prior to the petition, appellees made a formal written offer in compromise of th...
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MEMORANDUM OF OPINION The Debtor in this case asserts that his exemption claims became final in the chapter *921 11 phase of his case since no creditor objected within the time specified in Rule 4003(b) of the Federal Rules of Bankruptcy Procedure. The Trustee appointed after the Debt- or converted the case to chapter 7 argues that the Debtor is wrong on two counts: first, be...
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*927 OPINION AND ORDER The States of Arkansas, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Maine, Missouri, Montana, New Jersey, New York, North Carolina, North Dakota, Pennsylvania, Utah and Washington (collectively, “States”) appeal from a bankruptcy court order granting the Debtors’ objection to the States’ proofs of claim under the States’ abandoned p...
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DECISION FINDING THAT THE PARTNERSHIP OF “COUNTRY SQUARE PROPERTIES” DID NOT DISSOLVE AUTOMATICALLY UPON THE FILING OF DEBTOR’S CHAPTER 11 PETITION IN BANKRUPTCY; ORDER CONTINUING PROCEEDINGS This matter is before the court upon the Defendant’s motion to dismiss the Plaintiffs complaint for failure to state a claim. The court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order...
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DECISION AND ORDER ON MOTION FOR FEES UNDER § 506(c) In this Chapter 11 ease a plan was confirmed May 11, 1994. The debtor and counsel for the debtor, Keating, Meuthing and Klekamp (“KMK”), now move for an order pursuant to 11 U.S.C. § 506(c) to allow them to collect from the proceeds of sale of the real estate which was the subject of the bankruptcy case, $9,324.62, the unpaid balance of its att...
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DECISION RE OBJECTION TO CLAIM OF CITY OF NEW YORK, ETC. Debtor, Eagle-Picher Industries, Inc., filed objections to proof of claim # 165291 filed by the New York City Health and Hospitals Corporation; proof of claim # 165292 filed by the City of New York and its affiliated agencies, agents and entities; and proof of claim # 165293, filed by the New York City Housing Authority. Each of the...
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DECISION RE TEACHERS INSURANCE and ANNUITY ASSOCIATION MOTION FOR ADEQUATE PROTECTION The Chapter 11 debtor in this case is the owner of the building in which the Hyatt Regency Cincinnati hotel is housed and operated. Permanent financing for the construction of the building was provided by Teachers Insurance and Annuity Association of America (“TIAA”). Now before the court is a motion by ...
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MEMORANDUM The debtor, Ruby Helen Daugherty, commenced this adversary proceeding on October 13, 1993, seeking a determination that two educational loans owing First Tennessee Bank (Bank) are dischargeable under the “undue hardship” provisions of 11 U.S.C.A. *955 § 528(a)(8)(B) (West 1993). The Bank filed a Countercomplaint on January 28, 1994, seeking a determination that...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Debtor’s appeal from the bankruptcy court’s order of December 30, 1993. That order provides that Volkswagen Credit Inc.’s (“VCI”) lien on the debtor’s automobile shall survive the completion of debtor’s Chapter 13 plan, despite the fact that the plan calls for the complete payment of the secured portion of VCI’s claim...
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*971MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS II AND III OF THE COMPLAINT This matter is before the court on the Trustee’s Motion for Summary Judgment (“Summary Judgment Motion”) in his favor on two counts of his second amended complaint (“Complaint”). Counts II and III of the Complaint seek to avoid certain ownership transfers made by Larry Miller (“Larry”) and Bar...
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MEMORANDUM OPINION I. INTRODUCTION The matter before the court is a motion for sanctions by the Northern Trust Company (“Northern”) against Douglas Gowan (“Gow-an”), Gowan’s motion to dismiss the Northern’s motion, and Gowan’s counter-motion for sanctions against the Northern and its attorneys. VIII South Michigan Associates (“Debtor”) is a limited partnership which held a l...
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Appellant United States of America (“Government”) filed this appeal from the December 23, 1993 order of the United States Bankruptcy Court for the Western District of Wisconsin, the Hon. Thomas S. Utschig presiding. That order sustained the debtor Mitchell W. Voelker’s objection to the Government’s proof of claim for federal taxes. Subject matter jurisdiction exists pursuant to 28 U.S.C. § 158....
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MEMORANDUM OPINION On November 12, 1992, Guy Hamilton Jones, Jr. (“Jones”) and Guy Jones, Jr., P.A. (“the P.A.”) filed voluntary petitions for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. Jones is an attorney, who conducts his legal profession through the professional association, Guy Jones, Jr., P.A. Richard L. Ramsay was appointed the trustee in bot...
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ORDER This matter is before the Court upon Plaintiffs appeal of the Order for Summary Judgment issued by the bankruptcy court on December 29, 1993. 162 B.R. 226. Upon a de novo review of the pleadings, memorandum of counsel, and the entire file, this Court reverses the bankruptcy court and holds that as a matter of law Minn.Stat. § 27.138 creates a statutory trust and that the ...
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ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT This adversary proceeding came on for hearing on September 1,1993, on the parties’ cross-motions for summary judgment. Clinton E. Cutler appeared for the plaintiff. Randall L. Seaver appeared for the defendant. I granted the defendant summary judgment on December 29, 1993. Dairy Fresh Foods, Inc. v. Ramette (In re Country Club Market, Inc.) 162 B.R. 226 ...
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MEMORANDUM OPINION Debtor Americana Services, Inc. filed its petition for relief on December 14, 1993. Steven C. Block was duly appointed trustee and brings this adversary action against Warehouse Consultants, Inc., R.D.D. & Associates, Inc., f/k/a Robert D. Dick & Associates, Inc., Robert D. Dick and Dottie K. Dick. Count I sought to avoid the transfer of certain assets by debtor thr...
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