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All Reporters → br → Volume 180

Opinions in br Volume 180

MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION In this adversary proceeding the plaintiff, Chapter 11 trustee Joseph V. O’Donnell, has filed a twenty count amended verified complaint against the defendants, seeking recovery for, among other things, funds transferred to the defendants in connection with a leveraged buyout of one hundred percent of the outstandi...
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MEMORANDUM OF DECISION Debtor Citicorp Park Associates (“Citi-corp”) has filed this motion seeking permission to apply a pre-petition fee retainer and post-filing cash collateral towards allowed attorney’s fees. Aetna Life Insurance Company (“Aetna”) objects and maintains that the rents from Citicorp’s property used to fund the retainer are the property of Aetna, and that Citicorp may...
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DECISION ON CLAIMS OF PAUL J. KEATING, II This is a dispute over claims for reimbursement and indemnification of legal expenses and claims for employment benefits consisting of severance pay, vacation pay and medical expense coverage. At issue is the existence of these employment benefits as an incident to the claimant’s employment, as well as application of a by-law indemnifying offi...
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ORDER DENYING PLAINTIFF’S COMPLAINT TO HAVE GOVERNMENT GUARANTEED/INSURED EDUCATIONAL LOAN DECLARED NON-DISCHARGEABLE Heard on February 8, 1995, on the Debt- or’s request for a determination that $22,000 owed to the Defendant for educational loans is dischargeable, under 11 U.S.C. § 523(a)(8)(B). This section makes educational loans nondischargeable in bankruptcy unless “excepting such debt f...
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MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT In this adversary proceeding the Debtor-Defendant has moved for summary judgment in his favor on the Plaintiffs’ Complaint. The subject summary judgment motion was scheduled for hearing on December 12, 1994, at which time the Plaintiffs’ counsel announced the parties’ agreement that the matter could be considered and determined by the ...
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*33 MEMORANDUM, DECISION & ORDER I. BACKGROUND On October 25, 1990, Syro, Inc. (“Syro”) filed a claim in the amount of $1,861,733.82 in this Chapter 11 bankruptcy action against O.W. Hubbell & Sons, Inc., (“Hubbell”). Syro claims that Hubbell owed this amount for the purchase of guardrails and accessories from Syro. On July 8, 1993, Hubbell filed and allegedly served a motio...
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DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT ON § 523 OBJECTIONS TO DISCHARGE-ABILITY OF DEBT Before this Court are cross-motions for summary judgment in this adversary proceeding which seeks a declaration that the Plaintiffs claim is non-dischargeable under 11 U.S.C. § 523(a)(6). The Plaintiffs motion for summary judgment is deified; The Debt- or-Defendant’s motion for summary judgment is gr...
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DECISION ON ADVERSARY COMPLAINT OF THE RETIREMENT ACCOUNT, INC., CUSTODIAL IRA, FBO GEORGE SAHAGIAN OBJECTING TO THE DISCHARGE OF CERTAIN DEBTS OF MICHAEL E. ERDHEIM The matter before the Court is an adversary proceeding commenced by the Retirement Account, Inc., Custodial IRA, FBO George Sahagian (the “Plaintiff’) objecting to the discharge of a certain debt of Michael F. Erdheim (the “Debto...
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Banque Indosuez is the holder of a mortgage which encumbers the debtor’s leasehold interest in property in Dunkirk, New York, on which the Sheraton Harborfront Inn is now located. The debtor, Chadwick Bay Hotel Associates, acquired this interest in 1989 from the Dunkirk Industrial Development Agency. The Sheraton Inn was to represent the first phase of the Upland Site Development for the Harborfr...
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Ecclesiastical standards usually have no relevance to the interpretation of civil law. The present case, however, is one of those rare instances in which this Court must apply a statutory rule to the unfamiliar structure of a religious organization. Specifically at issue is whether a congregation of religious nuns may assert individual rights that are normally denied to corporations. In this Ch...
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This is an appeal from a decision of the Bankruptcy Court which essentially seeks to review two issues, which I understand are the only issues presented on appeal: (1) whether the bankruptcy judge erred in denying the motion for summary judgment, and (2) whether the bankruptcy judge erred in denying the motion for reargument. Dealing with them in turn, the Court concludes, for the reasons that ...
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DECISION ON MOTION FOR SUMMARY JUDGMENT BY A FOREIGN BANK LIQUIDATION COMMITTEE AND AJ. TRADE INC.’S CROSS-MOTION FOR SUMMARY JUDGMENT DISMISSING PETITION FOR ANCILLARY RELIEF Introduction In this ancillary proceeding commenced under 11 U.S.C. § 304, Mohammad S. Hour-ani, Bassam Attari and Suleiman Hafeth (the “Petitioners”), as the Liquidation Committee (the “Committee”) of ...
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MEMORANDUM DECISION ON MOTION TO DISMISS COMPLAINT Allen-Bradley, Inc. (“Allen-Bradley”) commenced this adversary proceeding to impose a constructive trust upon the proceeds realized by Commodore Business Machines, Inc. (“Commodore”) from the court authorized sale of its factory located in Norristown, Pennsylvania, the contents thereof, and the 13.5 acres of real property on which it ...
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MEMORANDUM OPINION This case comes before the court upon an appeal from an order of the Bankruptcy Court for the District of Delaware (the “bankruptcy court”) granting appellee debtor Buckhead America Corporation’s motion to dismiss appellant creditor’s claim for creditor Glenstone Lodge, Inc.’s failure timely to respond to debtor’s motion to assume and assign. I. JURISDICTION ...
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ORDER Statement of the Case On August 18, 1993, David Martin (hereinafter “Martin”), debtor-appellant herein, filed a voluntary petition for bankruptcy, pursuant to Chapter 13 of the Bankruptcy Code. On December 22, 1993, the Internal Revenue Service (hereinafter the “IRS”), filed a proof of claim form in this matter, alleging a tax liability in the amount of $129,245.19. The IRS...
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ORDER THIS MATTER comes before the Court upon an adversarial proceeding filed by Aet-na Life & Casualty Company (“Aetna”) seeking a determination as to whether it is entitled to a recoupment of pre-petition over-payments under a disability insurance policy from post-petition payments to one of the joint debtors, Cecilia E. LaPierre (“La-Pierre”), and if so, what is the amount subject to t...
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ORDER THIS MATTER comes before the Court on the motion of Palmetto Federal Savings Bank of South Carolina (“Bank”) for relief from the automatic stay for cause to allow it to setoff $2,617.24 in funds on deposit in one of the Debtor’s bank accounts with the Bank. The Chapter 7 Trustee (“Trustee”) objected to the motion and argues that the Bank is not entitled to setoff, that setoff would be ine...
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ORDER THIS MATTER is before the Court upon the Motion of the Debtors, Thomas O. Coates and Nina Coates (“Coates”), to value a 1994 Dodge Caravan, VIN 284GH2539RR789352, (“Vehicle”), under lien to Chrysler Credit Corporation (“Chrysler Credit”) pursuant to 11 U.S.C. § 506 1 and the Motion of Chrysler Credit seeking relief from the automatic stay of § 362(d) in reference to its s...
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MEMORANDUM OPINION This matter comes before the Court on The Riggs National Bank of Washington, Incorporated’s (“Riggs”) complaint to determine the dischargeability of a debt allegedly owed to it by George T. Ross (“Ross”). Upon consideration of the memoranda submitted, arguments of counsel, and evidence presented at the May 6, 1994 trial and the parties’ proposed findings of fact and...
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SUPPLEMENTAL MEMORANDUM OPINION This matter comes before the Court on the motion of The Riggs National Bank of Washington, D.C. (“Riggs”), filed herein on September 2,1994, to amend this Court’s Memorandum Opinion, which was entered on August 30, 1994, and on Riggs’ motion for entry of a final order, filed herein on October 3, 1994. This Court has jurisdiction over this matter pursuant to 28 U....
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Notice of Intention to Sell Personal Property filed by the Trustee, Jack D. Maness, on December 22, 1994, and on the objections thereto filed by RAMBAM 1, Inc., the debtors, and by Jeffrey W. Ainslie and John W. Ainslie, Sr., as general partners of the partnerships identified below. For the reasons set forth herein, all of th...
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MEMORANDUM OPINION This case presents an issue of first impression as to whether a retired officer of the Air Force may effectively seH a fixed number of future monthly payments of his mihtary retired pay to which he is entitled so that title to those payments is vested in the assignee. The question arises because the debtor entered into a financial transaction structured in just such a manner ...
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REASONS FOR ORDER This matter came before the court on September 28, 1994 as a hearing on the motion of the United States of America, defendant, to dismiss. (PI. 17). The court took the motion under advisement at the hearing. The court has reviewed the record, the pleadings, and the applicable law, and makes the following determinations. A. Background The Chapter 11 proceedings of Inter...
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MEMORANDUM OF OPINION ON UTILITY DEPOSIT AND CAPITAL CREDITS OF AN ELECTRIC COOPERATIVE Issue The issue before the court is whether Seminole National Bank’s (SNB’s) perfected security interest covers Debtors’ utility deposit and capital credits with Lea County Electric Co-op (Co-op). The parties stipulated that if the court finds that SNB has a perfected security interest in the ...
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ORDER Pending before the Court for resolution is the Petition for a Writ of Mandamus filed by Anant Kumar Tripati, and the Court after considering the same, has concluded that it should be granted. INTRODUCTION Anant Kumar Tripati (“Tripati”) is a creditor in Bankruptcy Case No. 95-40059-S in the United States Bankruptcy Court, Eastern District of Texas. On February 2, 1995, Tripati att...
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MEMORANDUM OPINION Before the Court is a Motion To Dismiss Complaint (“Motion to Dismiss”) filed by United Student Aid Funds, Inc. (“USA Funds”). The Motion was set for a hearing and the Court took the matter under advisement at the conclusion of the hearing. The following shall constitute the Court’s findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy Procedure 7052....
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OPINION Now before the Court are: two Motions of Millege Billy Norton Jr. to Avoid Liens and the Motion of Devra Deniece Norton for Relief from the Automatic Stay. These Motions were combined for hearing and heard pursuant to regular setting. This opinion constitutes findings of fact and conclusions of law in accordance with Fed.R.Bankr.P. 7052 and disposes of all issues before the Court. FAC...
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OPINION NOW before the Court for consideration is the First Interim Application (“Application”) of Winstead Sechrest & Minick, P.C. (“Applicant”), counsel for the Chapter 7 Trustee, Dale L. McCullough (“Trustee”). This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr.Proc. 7052 and disposes of all issues before the Court. ...
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OPINION NOW before the Court for consideration is the Objection of Texas Commerce Bank, N.A., (“Movant”) to Schedules and Claim of Exemption (“Objection”). This opinion constitutes findings of fact and conclusions of law to the extent required by Fed.R.Bankr. Proc. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND Movant obtained a judgm...
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OPINION COMES NOW before the Court for consideration the Motion of General Motors Ac *177 ceptance Corporation (“GMAC”) to Compel Assumption or Rejection of Executory Contract. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr.Proc. 7052 and disposes of all issues before the Court. FACTUAL AND PROCEDURAL BACKGROUND On or...
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ORDER AND JUDGMENT Before the Court is an appeal from an Order of the Bankruptcy Court granting summary judgment to Defendant John Greenway. Plaintiffs/Appellants filed their brief on September 9, 1994 and Defen-danVAppellee filed his brief on September 26, 1994. After reviewing the arguments of counsel and the applicable law, the Court is of the opinion that the Bankruptcy Court’s ...
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MEMORANDUM OF OPINION AND ORDER In this voluntary Chapter 7 case, the matter before the Court is a Complaint to Determine Dischargeability of Debt filed by R.E. America (REA), an Ohio corporation, against Theodore M. Garver (the Debtor). The action specifically seeks to prevent the Debtor from obtaining a discharge of a $600,000.00 state court judgment, plus accrued interest, which was taken ...
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DECISION ON IRS MOTION TO DISMISS Debtor filed this Chapter 7 case September 2,1994, at 11:23 a.m. The United States, on behalf of its agency, the Internal Revenue Service (“IRS”), has filed a motion to dismiss the case for cause pursuant to 11 U.S.C. § 707(a), the cause asserted being bad faith filing or, in the alternative, to prevent an abuse of this Court’s process. Debtor filed a memorandu...
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MEMORANDUM AND ORDER RE DEBTOR’S “APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE ...” In this Chapter 7 case, the debtor, Ezell Shannon, moves this Court for waiver of the Chapter 7 filing fee in a consumer no-asset case. 1 Initially, on October 17, 1994, the debtor filed a voluntary Chapter 7 bankruptcy petition with, among other papers, an attached application and order to pay the filin...
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MEMORANDUM OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This proceeding is before the Court on the motion of the defendant, Internal Revenue Service, for summary judgment filed in response to the debtors’ “Complaint to Determine Dischargeability of the Prior Tax Obligations.” At issue is whether tax obligations for the years 1984 through 1987 are excepted from the debtors’ general d...
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*203 MEMORANDUM OPINION AND ORDER The matter before the court is the Motion of Midwest Mechanical (“Midwest”) for Partial Summary Judgment against William H. Grabscheid, as Trustee (“Trustee”) of VIII South Michigan Associates (“VIII South” or “Debtor”) with respect to the Trustee’s complaint seeking the return of certain payments made by VIII South to Midwest during the preference period, ...
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MEMORANDUM This action is an appeal from the order of the United States Bankruptcy. Court for the Eastern District of Missouri, under 28 U.S.C. § 158(a) and Federal Bankruptcy Rule 8001(a). The action is before the undersigned United States Magistrate Judge by consent of the appellant and the appellee for the exercise of authority under 28 U.S.C. § 636(c)(3). Debtor Juvenile Shoe...
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MEMORANDUM Before the court is the Application for Allowance of Administrative Expense by William and Janette Stock (Fil. # 445), the Objection to Application for Allowance of Administrative Expense by JAS Enterprises, Inc. (“JAS”) (Fil. # 458), and the Objection on Behalf of the Official Unsecured Creditors Committee of Application for Allowance of Administrative Expense (Fil. #467)....
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AMENDED OPINION Creditor, Chris Canzone (“Canzone”), dba C & C Signs, appeals the bankruptcy court’s order denying his motion for relief from stay to attach a cash deposit posted by the debtor. We affirm the bankruptcy court’s order and remand for further proceedings regarding distribution of the cash deposit. Background The debtor, Robert Hammon, is a general contractor...
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OPINION I. FACTS Appellee and Debtor, Sateesh Apte (“Dr. Apte”), is a neurologist. He is also the founder of several corporations, including Apte Group, Inc. (“Apte Group”), a management company. In August, 1989, Apte Group leased a 48,000 square foot office building in Pleasanton, California from Rosewood Associates (“Rosewood”). Dr. Apte intended to sublease the office space to other medi...
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OPINION Before HAGAN, CASE, 1 and ASHLAND, Bankruptcy Judges. Presidential Corporation (“debtor”) is a debtor under chapter 7 of Title 11, United States Code. Michael McCarty (“trustee”), the bankruptcy trustee, filed suit against a number of parties to recover a fraudulent conveyance. The bankruptcy court granted a motion for summary judgment in favor of Richard James...
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ORDER DENYING STAY PENDING APPEAL The United States of America, on behalf of the Department of Housing and Urban Development (“HUD”), seeks a stay pending appeal of a bankruptcy court order confirming the Debtor’s Plan of Reorganization under Chapter 11 of the Bankruptcy Code. At a March 24 hearing on the matter, the Court denied the United States’ motion for a discretionary stay, and...
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OPINION REGARDING THE EFFECT OF REJECTION ON UNEXPIRED NON-RESIDENTIAL LEASE AND UPON EXECUTORY CONTRACT I. INTRODUCTION CASC Corporation (“Plaintiff’ or “Judgment Creditor”) is the plaintiff in this adversary proceeding and Reese L. Milner II, as successor trustee of the Milner Family Trust (the “Non-Debtor Co-Tenant”), Daniel M. Gottlieb (“Gottlieb”), Steven D. Lebowitz (“Lebowitz”...
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MEMORANDUM DECISION This case involves the division of sales proceeds of real property owned by two tenants in common where one of them had not set foot on the property for many years. The property in question is located in Yuba County near Marysville, Califorma and primarily used as a rice farm (“Rice Ranch” or “the property”). As many Northern Californian hunters know, rice farms attrac...
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MEMORANDUM OPINION These eases involve complaints by the trustee, Ronald R. Sticka, to recover preferential transfers made by the debtor, Atta-way, Inc. The legally relevant facts in each are identical. The trustee’s complaint alleges that these payments were made to the defendants within 90 days of the debtor’s filing of its voluntary petition in bankruptcy. Defendants Best Line, Inc. and East R...
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MEMORANDUM AND ORDER I. INTRODUCTION This matter is before the court on Farm Credit Bank of Wichita’s (“creditor”) motion to dismiss (Doc. 5) debtors’ appeal. The court has reviewed the parties’ briefs, the record, and the relevant law, and is ready to rule. II. PROCEDURAL BACKGROUND On September 15,1992, debtors filed bankruptcy under Chapter 12. They f...
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MEMORANDUM This is a complaint to determine discharge-ability of debt pursuant to 11 U.S.C. § 523(a)(2)(A) (Count I), § 523(a)(4) (Count II) and § 523(a)(6) (Count III). After reviewing the pleadings and briefs and hearing the evidence, the Court finds that plaintiff has failed to meet her burden of proof and that the complaint should be dismissed. FACTS This case arises out of ...
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ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter is before the court on plaintiff-debtor’s Motion for Summary Judgment seeking to avoid a transfer of property by the defendant. The complaint is made under sections 547 and 550 of the Bankruptcy Code. In 1984, plaintiff entered into a loan agreement with The First National Bank & Trust Company of Norman, Oklahoma and pledged as c...
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ORDER THIS CAUSE is before the Court on appeal from a decision of the Bankruptcy Court that denied appellant’s motion for an extension of time to file a timely proof of claim and to consider appellant’s proof of claim that was filed two days after the deadline. Findings of Fact The facts in this ease are undisputed. Ap-pellee, Sure Card, Inc. [Sure Card], filed a Chapter...
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ORDER GRANTING MOTION FOR CLARIFICATION AND RECONSIDERATION OF MEMORANDUM OPINION AND ORDER GRANTING IN PART AECTRA’S MOTION FOR PAYMENT OF ADMINISTRATIVE CLAIM THIS CAUSE came before the Court for hearing on June 7,1994, and again on August 10, 1994, upon the Trustee’s, Joel L. Tabas, Motion for Clarification and Reconsideration of Memorandum Opinion and Order Granting In Part Motion...
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THE FINAL DECREE of G.D.C.1 A chapter 11 petition was filed on April 6, 1990 and it appearing: There are strange things done in the Florida sun by the men who moil for gold. G.D.C. sales had their secret tales that would make your blood run cold. Bankruptcy fans have seen big plans but one of the biggest they ever did see, was at the end of the second year, when hope did appear, and we reorganized...
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This adversary proceeding is before the court on the Trustee’s motion for partial summary judgment as to four defendants. First, the Trustee seeks summary judgment as to the City of Powder Springs (the “City”), who holds ad valorem tax liens against real property of Debtor. Postpetition, the City recorded writs of fi. fa. as to those tax liens. Second, the Trustee seeks summary judgment as to the ...
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ORDER Before the court are (1) Debtor’s motion in the main ease for imposition of sanctions against Mitchell Construction Company, Inc. (“Mitchell”) and its attorney, David Rutherford, for willful violation of the automatic stay of 11 U.S.C. § 362(a); and (2) Debtor’s motion to dismiss as untimely the adversary proceeding filed by Mitchell. The issue central to both motions is when Mitche...
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MEMORANDUM OPINION Hazel Hicks Carter, a/k/a Hazel M. Hicks, Debtor, Movant, filed a Motion to Avoid Lien on October 11,1994. W.S. Badcock Corporation, Respondent, filed its response on October 21, 1994. A hearing on Movant’s motion was held on February 15, 1995. The Court, having considered the Stipulation of Facts and the arguments of counsel, now publishes this memorandum opinion. ...
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ORDER The Browns filed this appeal from an order of Chief Judge Lamar Davis of the United States Bankruptcy Court. Appellees have filed a motion to dismiss, which the Court now grants. Pursuant to Bankruptcy Rule 8007, the Record on Appeal was docketed with this Court on November 10, 1994, obligating Appellants to file their brief within fifteen days. Bankruptcy Rule 8009(a)(1). Appellants filed...
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ORDER 1 By application Angela McLeroy and Evita Paschall, attorneys for the debtors in the foregoing Chapter 13 cases, seek an award of attorney’s fees in the amount of $950.00 in each case. In essence, counsel seeks an award in excess of the maximum compensation established under General Order Number 9 (1990) issued by the Honorable Lamar W. Davis, Jr., Chief Judge of this...
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DECISION ON MOTION FOR SUMMARY JUDGMENT In this adversary proceeding, the debtor, Washington Bancorporation (“WBC”), seeks *331 to recover a $1.47 million payment (“Payment”) made to the defendant, Luther H. Hodges, Jr. (“Hodges”), by way of a preference or fraudulent conveyance action. Under the court’s consideration is the defendant’s motion for summary judgment. For re...
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MEMORANDUM OF DECISION The facts of this proceeding are not in dispute. On March 16, 1993, Debtor Robert C. McAuliffe filed for protection under Chapter 7 of the Bankruptcy Code. As of the petition date, McAuliffe owned real property in North Waterboro, Maine (the “Residence”), which property was encumbered by several mortgages, including, a mortgage (the “Mortgage”) in favor of GMAC Mortgage...
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MEMORANDUM OF DECISION Introduction Seven months after a Chapter 11 reorganization plan for Maine Pride Salmon, Inc., (“Maine Pride,” “debtor” or “reorganized debtor”) was confirmed, its case was converted to Chapter 7. Moore-Clark Co. (Canada), Inc., (“Moore-Clark”) remains unpaid for goods supplied on credit to Maine Pride after confirmation, but before conversion. It has m...
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OPINION AND ORDER ON DEFENDANTS’ APPEAL FROM A FINAL ORDER OF THE UNITED STATES BANKRUPTCY COURT INTRODUCTION The Bankruptcy Court held that a 1977 home mortgage granted by Robert and Mary Ballarino to the Foxborough Savings Bank (“the Bank”) operates, through its dragnet clause, to secure the debt owed the Bank by Robert, as a result of the Bank’s foreclosure on a commercial propert...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the “Motion to Dismiss Amended Complaint or for Summary Judgment and Motion to Reconsider” filed by the Debtor, James J. McKeman, Jr. (the “Debtor”). The Plaintiff, the Cadle Company (“Cadle”), filed an Opposition to the Motion. II. PROCEDURAL HISTORY The Debtor filed a voluntary petition under Chapter 13 on January ...
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Memorandum Opinion This matter came before the Court on March 17, 1995, for a hearing on confirmation of the debtor’s Chapter 13 plan. At the conclusion of the hearing, the Court took confirmation of the debtor’s plan under advisement to consider the issues it raised, including whether a Chapter 13 plan may provide for different treatment of cosigned consumer debt claims without regard to whe...
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MEMORANDUM OPINION The Court has before it four adversary proceedings brought by the debtor/plaintiff, Valerie Garrett (“Garrett”), against the respective following defendants: Northstar Guarantee, Inc. (“Northstar”), New Hampshire Higher Education Assistance Foundation (“NHHEAF”), Pennsylvania Higher Education Assistance Agency (“PHEAA”) and Massachusetts Higher Education Assistance ...
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MEMORANDUM OF DECISION In this adversary proceeding, third-party defendant Keven A. McKenna (“McKenna”) has moved to dismiss the third-party complaint. The motion poses the question whether this court has 28 U.S.C. § 1334 “related-to” jurisdiction or 28 U.S.C. § 1367 “supplemental” jurisdiction over a third-party dispute between non-debtors. For the reasons set forth below, I conclude...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter comes before the Court on motions by Megan Racine Associates, Inc. (“Debtor”) and Federal Deposit Insurance Corporation (“FDIC”), as receiver for the New Bank of New England, in the adversary proceeding commenced by Niagara Mohawk Power Corporation (“NIMO”) against Debtor and FDIC. On or about February 28, 199...
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DECISION AND ORDER ON “NOTICE OF INTENT BY RODOLITZ CORPORATION, DEBTOR AND DEBTOR IN POSSESSION, TO ENTER INTO AND PERFORM UNDER LEASE AGREEMENT DATED MARCH 31, 1995 BY AND BETWEEN RODOLITZ HOLDING CORPORATION AND PAINT APPLICATOR CORP. OF AMERICA, INC.” By “Notice of Intent By Rodolitz Holding Corporation, Debtor and Debtor in Possession, To Enter Into And Perform Under Lease Agreement Dated M...
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DECISION AND ORDER ON NOTICE OF INTENDED SALE OF PROPERTY Gregory Messer, Trustee of Brookville Plumbing & Heating, Inc., debtor, gave notice that “pursuant to 11 U.S.C. 704(1) and 363(b) the Trustee, Gregory Messer, Esq., will sell through Jackson Hecht Associates, Inc., at public auction free and clear of all liens and encumbrances, if any, same to attach to the proceeds of sale, on Thursday,...
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MEMORANDUM OPINION AND ORDER This is the court’s decision on Trans World Airlines, Inc.’s (TWA) motion for summary judgment with respect to claim number 6791 filed by Ann G. Spadafora. I. JURISDICTION Original jurisdiction for this matter lies in the United States District Court for the District of Delaware. 28 U.S.C. § 1334. The District Court has referred that jurisdiction to this cou...
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OPINION INTRODUCTION TWA filed its Chapter 11 petition on January 31, 1992. TWA served as debtor-in-possession during the entire case, and its second amended plan of reorganization (the “Plan”) was confirmed on August 11, 1993, effective November 3, 1993. TWA commenced this adversary proceeding on March 10, 1992 (the “Adversary Proceeding”). On June 23, 1992, the Court authorized...
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OPINION The Trustee in the above Adversary seeks recovery against the Defendant for alleged preferential transfers and fraudulent transfers under 11 U.S.C. § 547 and § 548, asserting that the transferee-defendant was an insider of the Debtor. The Trustee has engaged the law firm of Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc. (the “Firm”) as his counsel to conduct the litigation...
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ORDER This matter is before the Court on debtors’ objection to the proof of claim filed by the United States for priority income tax debts. Debtors contend that the claim should not be allowed because it was filed more than ninety (90) days following the petition date. The United States contends that (1) their formal proof of claim merely amended a timely informal claim and thus, the ...
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ORDER THIS MATTER comes before the Court upon the Debtors’ objection to the Proof of Claim filed by the Resolution Trust Corporation (“RTC”) in the amount of One Hundred and Sixty Five Thousand, Fifty-Three and 22/100 ($165,053.22) Dollars. The RTC’s unsecured claim is based upon a guaranty provided by the Debtors to North Carolina Federal Savings and Loan (“Bank”), the RTC’s predecessor, which s...
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MEMORANDUM OPINION AND ORDER This proceeding comes before the Court on the complaint of Patricia Ewing for a determination under 11 U.S.C. § 523(a)(5)(B) that all sums due in connection with her divorce from the debtor, Robert Michael Ewing, are in the nature of support and thereby nondis-chargeable. Specifically, plaintiff refers to the award she received in the Circuit Court of the ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court upon the motion by the debtors in possession requesting entry of an order approving the sale of real property hot in the ordinary course of business and free and clear of liens. This Court has jurisdiction over this core proceeding pursuant to 28 U.S.C. § 157(b). STATEMENT OF FACTS Charles and Jane Collins (“Collins...
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MEMORANDUM OPINION AND ORDER R.K. Leasing & Rental Systems (R.K. Leasing) brings this Motion to Set Aside Default Judgment pursuant to Rule 55(c) of the Federal Rules of Civil Procedure and Rule 7055 of the Federal Rules of Bankruptcy Procedure. This Court conducted a hearing on March 23, 1995. For the reasons stated herein, the Court finds in favor of R.K. Leasing and sets aside the ...
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*459 MEMORANDUM OPINION The debtors, Kama! M. Babiker and Debris B. Herasingh, have filed a complaint against the defendant, Citizens Contracting Company, Inc. (“Citizens”), in order to avoid an asserted preferential judgment lien held by Citizens. In lieu of trial, the parties have submitted this matter on briefs and joint stipulation of facts. As its sole defense, Citizens argues that the...
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MEMORANDUM OPINION This matter comes before the Court on the objections of Darell Sayer (“Sayer”) and Linda B. Todd (“Todd”) to the confirmation of the debtor’s Chapter 13 Plan. The parties submitted respective briefs on the issue of whether the monies awarded Sayer and Todd in a state court divorce proceeding should be treated as priority claims and paid in full through the debtor’s ...
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MEMORANDUM OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT ORDER DENYING THE MOTION TO RECUSE I.Procedural History On July 20, 1993, the appellant/debtor, Robert J. Erchak, filed an Affidavit of Bias and Prejudice Concerning Bankruptcy Judge L. Edward Friend, II seeking to recuse Judge Friend. On July 28, 1993, the motion to recuse was denied. On August 5, 1993, the appellant filed a not...
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MEMORANDUM OPINION Debtors Donald G. Pansegrau and Sue D. Pansegrau (“Defendants” or “Pansegraus”) move to dismiss the amended §§ 523 and 727 complaint of Gerald Geisler (“Plaintiff’ or “Geisler”) pursuant to Fed.R.Civ.P. 56(b), applicable through Bankr.R. 7056. Following are the Court’s findings of fact and conclusions of law pursuant to Bankr.R. 7052. The Court heard Defendants...
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MEMORANDUM OPINION BACKGROUND Jeff and Alma Hayes (Plaintiffs) originally filed an action against Royala, Inc. (Royala) in state court requesting an accounting and a declaratory judgment for title to various properties held by Royala. Plaintiffs also sought damages for negligence, fraud and breach of fiduciary duty. After the Plaintiffs filed suit, Royala filed for reorganization under Chap...
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ORDER APPROVING IN PART AND DENYING IN PART APPLICATION FOR FINAL PAYMENT OF ATTORNEY’S FEES AND EXPENSES Before the Court is an Application For Final Payment Of Attorney’s Fees And Expenses (“Application”) filed by Robert R. Barron, P.C. (“Applicant”) on September 6, 1994. The Applicant seeks approval to apply a $2,490.00 prepetition retainer to approved fees and expenses. The United Sta...
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*485 MEMORANDUM The Court has considered the fee application of Deitz & Freeburger, P.S.C., attorneys, and specifically addresses the request to award an hourly rate of $190.00 per hour to one of the attorneys, Merritt S. Deitz. In keeping with the Court’s approach adopted in In re Optical Corp. of America, Inc., 157 B.R. 823 (Bankr.W.D.Ky.1993), the Court will allow an hourly rate of $185.00 p...
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SUPPLEMENTAL OPINION 1 This matter is before the Court on the debtor’s motion for an order to reinstate its lottery license issued by the State of Michigan Bureau of State Lottery (“Bureau”). It is the debtor’s position that the Bureau’s post-petition suspension of its lottery license with the intent to revoke violated the automatic stay, specifically §§ 362(a)(1) and (3) of the Bankruptc...
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*488 MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS In this case, we address whether the appointment of a Chapter 7 trustee upon the conversion of a case in which a Chapter 11 trustee has served begins a new two year statute of limitations period pursuant to 11 U.S.C. § 546(a)(1). 1 This issue has been the subject of debate within circuits througho...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court upon Plaintiff’s Complaint to Determine Dis-chargeability of a Debt, Defendant’s Motion for Summary Judgment and Memorandum in Support, and Plaintiffs Reply. Plaintiff has also filed a Motion in Limine regarding certain letters he had written to Defendant, and Defendant filed a Reply. This 'Court has reviewed the argume...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court after Hearing on Plaintiffs Motion to Show Cause *497 and for Sanctions on Defendant Philips Display, Plaintiffs Statement of Time and Expenses, and the Response of Defendant Philips Display. This Court has reviewed the arguments of counsel, exhibits, as well as the entire record in the case. Based upon that review, and for t...
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MEMORANDUM The issue is whether Vanderbilt University’s post discharge collection action against the debtor violated the discharge injunction in § 524(a) of the Bankruptcy Code. 1 Vanderbilt did not violate § 524(a). The following are findings of fact and conclusions of law. Fed.R.BankR.P. 7052. I. Debtor enrolled at Vanderbilt in September 1989. When he withd...
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MEMORANDUM This case came on to be heard upon the trustee’s objection to the debtors’ claim of a homestead exemption. The determinative issue in this ease is whether the holder of a remainder interest in a life estate may claim the Tennessee homestead exemption provided for by Tenn.Code Ann. § 26-2-301, which reads in pertinent part: An individual, regardless of whether he is head of a fami...
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MEMORANDUM This Chapter 13 case is before the Court on the Motion to Vacate Order of Discharge and to Reconsider Payment of Claim filed on behalf of a creditor, Continental Casualty Company, d/b/a CNA Insurance Companies (“CNA”). For the reasons hereinafter stated, the motion shall be denied. I. This voluntary Chapter 13 case 1 was filed on December 7, 1993. The p...
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MEMORANDUM OPINION AND ORDER This Court has just been assigned the appeal by Car-Go Parts Center of Illinois, Inc. (“Car-Go”) from what Car-Go’s Notice of Appeal describes as “the final order dismissing Count I of the above-captioned adversary proceeding, with prejudice, of the bankruptcy court entered in this adversary proceeding on the 9th day of March, 1995.” For the reasons stated in this...
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MEMORANDUM OPINION AND ORDER This case involves a dispute concerning the future ownership of certain real property (the “property”) and the enforceability of redemption provisions in the Chapter 11 Bankruptcy Plan (the “Plan”) of QF Finance Ltd. (“QF”). On November 28,1994, National Indemnity Corporation (“National”) filed a Motion for Leave to Appeal, pursuant to 28 U.S.C. § 158(a), from an ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of the Chapter 13 Trustee, James E. Kohlhorst, to Dismiss the above-captioned Chapter 13 case, pursuant to the provisions of Bankruptcy Code Section 109(e). The Trustee is represented by Attorney Mary P. Gorman. The Debtors are represented by Attorney Harvey A. Meyers. The IRS (U.S.A.) is represented by Attorney Sam...
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OPINION Before the Court in each of these cases is the Motion to Allow Claim filed by AgriBank, FCB (BANK) and the Debtors’ objection. Agri-Tech Farms is a partnership consisting of Wallace LeRoy Green, Kenneth L. Green, and Forrest L. Green. The partnership and all three partners filed separate Chapter 11 eases in bankruptcy. In October of 1981, Agri-Tech Farms’ predecessor (WGFK Fa...
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DECISION By its complaint in this proceeding, the plaintiff/debtor, who is proceeding pro se, seeks to recover both compensatory and punitive damages from the defendants Jocquel Supply and Donald Stinson. Although the complaint is in six separate counts, each of which seeks recovery under a slightly different legal theory, in the ultimate analysis plaintiffs claims reduce themselves t...
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ENTRY Appellants Robert Andrew Jones and Mar-vetta Jones (“Appellants” or “Debtors”) appeal the Bankruptcy Court’s grant of summary judgment in favor of Indiana Finance Company (“Appellee” or “Creditor”). For the reasons stated below, we reverse the bankruptcy court’s judgment and remand for further proceedings. I. BACKGROUND The Debtors entered into a Retail Installment Contrac...
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MEMORANDUM ENTRY This matter is before the Court on the appeal of Debtor-Appellant Robert E. Black, Jr., of the Bankruptcy Court’s Order of December 21, 1993, dismissing his chapter 13 Case. For the reasons stated below, Black’s appeal is denied. Black filed for chapter 13 bankruptcy in 1992. A payment plan was submitted and confirmed. However, Black defaulted on the chapter 13 plan when he f...
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ORDER After reviewing the file and the applicable law, the Court hereby adopts the bankruptcy court’s November 10th report and recommendation regarding the Negotiated Rates Act in its entirety. Defendant’s October 20th motion for summary judgment is granted and the plaintiffs cross-motion for summary judgment is denied. IT IS SO ORDERED. United States Bankruptcy Court, E.D. Arkansas, Batesville...
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MEMORANDUM This action is an appeal from the United States Bankruptcy Court for the Eastern District of Missouri, under 28 U.S.C. § 158 and Bankruptcy Rules 8001(a) and 8013. The debtor-appellant and the appellee United States each consented to the exercise of authority by a Magistrate Judge under 28 U.S.C. § 636(c)(3). Debtor Ronald L. Recker (appellant) appeals from the Novembe...
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MEMORANDUM The trial of these matters was commenced on March 6, 1995 and concluded on March 8, 1995. The parties agreed that the trial of the Adversary Proceeding would be consolidated with the hearing on the motion of Curt Ogden (“Plaintiff’), to reconsider an order that denied a request for the appointment of a trustee. At the conclusion of the trial, the matters were submitted to t...
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ORDER This Order addresses the motion of Kathryn Faulstich (“Movant”) to reopen this closed Chapter 7 Bankruptcy case to permit modification of the injunctive provisions of the Order of Discharge. This is a core proceeding pursuant to Section 157(b)(2)(A) and (0) of Title 28 of the United States Code. The Court has jurisdiction over the parties and this matter pursuant to 28 U.S....
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MEMORANDUM This matter is before the Court on a complaint by Virginia Vaughn (“Plaintiff’) to determine dischargeability of certain debts that arose from a judgment entered against Gerard M. Quinn (“Debtor”) by the St. Charles, Missouri, County Circuit Court. The Plaintiff has requested the debts be declared non-dischargeable as based on allegedly willful and malicious actions of the Debtor, pur...
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MEMORANDUM This is the third Chapter 12 bankruptcy case filed by Fern Acres Ltd. I conclude that the filing of this case constitutes an abuse of the bankruptcy process and, I hereby sustain the Motion for Relief from Automatic Stay and Motion to Dismiss filed by Lisco State Bank. FACTS The debtor in this ease, Fern Acres, Ltd. (“Fern Acres”), is a farming operation which obtained financin...
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OPINION Appellants, Miriam Lacey, David Lacey and Linda Knight (collectively referred to herein as the “Lessors”), are the owners of certain non-residential real property located in Santa Monica, California (the “Property”). On or about November 1, 1989, the Lessors entered into an agreement (the “Lease”) to lease the Property to Westside Print Works, Inc. (“Westside”). The Lease...
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OPINION OVERVIEW The debtor appeals an order of the bankruptcy court modifying the automatic stay to allow a claimant to pursue an employment discrimination action against the debtor in the district court. We AFFIRM. FACTS AND PROCEEDINGS BELOW The Santa Clara Fair Association terminated Deirdre Sanders’ employment as assistant bookkeeper in November 1991. On February 3, 1992, Sanders f...
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OPINION Before ASHLAND, VOLINN and MEYERS, Bankruptcy Judges. LCO Enterprises leased warehouse space from Lincoln. LCO and Lincoln amended their lease agreement to lessen the amount of the lease payments and the leased space, and to lengthen the lease. LCO assumed the lease in their bankruptcy. The trustee unsuccessfully attempted to recover pre-petition lease payments for the es...
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OPINION I The bankruptcy court held that a guaranty executed postpetition was invalid under Section 524 of the Bankruptcy Code because it was based on a discharged debt. The creditor appeals from the summary judgment entered against it. We AFFIRM. II FACTS On November 20, 1991, Getzoff Accountancy Corporation (“GAC”) signed a promissory note and obtained a loan from SafraBank Californ...
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AMENDED OPINION I The bankruptcy court held that in determining whether a judgment hen attached to a debtor’s property under California law, the equity in the property should be determined as of the date the debtor filed her bankruptcy petition. The debtor appealed, contending that the equity should have been determined ón the date the abstract of judgment was recorded. We AFFIRM. II FACTS The fa...
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OPINION Nelson filed a Chapter 7 petition and scheduled $20,000 as exempt under Washington Revenue Code § 6.15.020 (RCW) as it pertains to an IRA. The trustee asserts that the exemptions found in RCW § 6.15.020 im-permissibly connect ERISA and IRA treatment, and are therefore invalid. The bankruptcy court allowed the exemption. We affirm. *586 FACTUAL BACKGROUND The...
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MEMORANDUM OF DECISION AND ORDER RE: Appeal of Bankruptcy Court’s Order Re: Motion By Richard V. DeWitt For Relief From The Automatic Stay This is an appeal from a bankruptcy court order entered June 17, 1994 which concluded that Appellant’s limitation action complaint was improperly filed in violation of section 362 of the Bankruptcy Code and that Appellant’s complaint is void as to the ...
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MEMORANDUM OF DECISION Debtor objects to the Internal Revenue Service’s claim for $24,805.81 on the grounds that the claim is unsecured. Debtor admits to the amount of the claim for $24,805.81. The issue before the court is whether the Internal Revenue Service (hereinafter “the Service”) can attach a lien to Debtor’s interest in a pension plan provided under the state of California’s...
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MEMORANDUM OF DECISION Cigna Insurance Company moves to dismiss the debtors’ complaint for lack of subject matter jurisdiction. BACKGROUND In January of 1994, Gulf USA Corporation (“Gulf’) brought an adversary proceeding against certain of their officers and directors for breach of fiduciary duty, corporate waste, and preferential and fraudulent transfers. See Gulf USA...
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MEMORANDUM OPINION The Kansas Economic Development Revenue Bond Act 1 empowers a city “to issue revenue bonds, the proceeds of which shall be used for the purpose of paying all or part of the cost of purchasing ... facilities for ... commercial development” 2 and “to enter into leases or lease-purchase agreements with any person, firm or corporation for such faci...
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ORDER ON MOTION FOR STAY PENDING APPEAL The movants are creditor parties to a Kansas industrial revenue bond transaction financing the construction of a Holiday Inn Hotel operated by debtor in Olathe, Kansas. 1 This Court entered an order on August 5, 1994, denying the creditors’ joint motion for relief from automatic stay aimed at gaining possession of the hotel. 2 ...
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MEMORANDUM AND ORDER This is an appeal from an order of the bankruptcy court which held that a lease established pursuant to provisions of the Kansas Economic Development Revenue Bond Act is not a true lease and therefore not subject to the assumption/rejeetion requirements of § 365 of the Bankruptcy Code. 1 The debtor has filed a cross-appeal challenging the bankruptcy cou...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court pursuant to the Amended Complaint to Determine Dischargeability of Debt filed by Pamela Sue' Bega (“plaintiff’) to determine the discharge-ability of a student loan debt under 20 U.S.C. § 1087(c). A scheduling conference was held on January 9, 1995. Plaintiff was represented by and through her attorney, Tom D. Fulzenloger. Defend...
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ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT DUE TO MISTAKE This matter comes before the Court pursuant to the Motion For Relief From Judgment *645Due to Mistake filed by American Freight System, Inc. (“plaintiff’). The motion alleges in pertinent part that: the Reply Brief of AFS to the Supplemental Submission was not delivered to the Clerk of this Court in Topeka, Kansas, and therefore it wou...
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ORDER DENYING MOTION FOR STAY OF ORDER PENDING APPEAL This matter comes before the Court pursuant to the Motion For Stay Of Order *647Pending Appeal filed by American Freight System, Inc. (“plaintiff’)- The motion seeks an order staying any action on the Judgment and Memorandum Opinion and Order entered by this Court on March 30, 1995 (“Judgment”), pending plaintiffs appeal. The Court’s Judgmen...
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MEMORANDUM DECISION AND ORDER AFFIRMING DENIAL OF DEBTORS’ OBJECTION TO PROOF OF CLAIM This matter is before the court on debtors and appellants Michael J.D. Smith’s (“Mr. Smith”) and Sandra Rose Smith’s (collectively “Debtors”) appeal of an order entered by the Honorable Glen E. Clark, Chief United States Bankruptcy Court Judge, on September 12, 1994, denying debtors’ objection to a proo...
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ORDER DISALLOWING EVIDENCE OF SETTLEMENT NEGOTIATIONS This matter is before the Court on an evidentiary question associated with a Motion to Establish Fixed Payment on Secured Claim filed by Copelco Capital. The motion was filed on October 3, 1994, and on October 12, 1994, Mr. David Rogers, the Chapter 13 Trustee recommended an adequate protection payment of $140.00 per month. On October 13, 19...
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MEMORANDUM OPINION This proceeding came before the Court on the Bankruptcy Administrator’s motion to dismiss the above styled case for “substantial abuse” pursuant to 11 U.S.C. § 707(b). Appearing before the Court were the attorney for the debtor and the attorney for the bankruptcy administrator. Blair, the debtor, filed this chapter 7 petition on November 30, 1994. After a review of the debt...
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MEMORANDUM OPINION AND ORDER This matter is before the court on appeal from the United States Bankruptcy Court of the Middle District for Alabama. The bankruptcy court abstained from hearing Thomas Leonard Thaggard’s adversary proceeding against Mary Anne M. Pate, f/k/a Mary Ann Thaggard, and Robert J. Russell, Jr. After careful consideration of the arguments of counsel, the relevant ...
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MEMORANDUM OPINION AND ORDER This matter is presently before the court on appeal from the United States Bankruptcy Court for the Middle District of Alabama, filed May 5, 1994. Appellee filed a brief in support of the bankruptcy court’s decision on May 27, 1994. For reasons set forth herein, the decision of the bankruptcy court is due to be reversed and remanded. JURISDICTION ...
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MEMORANDUM OPINION The above-styled action is before the court on appeal from the August 9, 1993, final decree of the United States Bankruptcy Court for the Middle District of Alabama. The bankruptcy court found that Lynne E. MacElvain (hereinafter “MacElvain” or “the Debtor-Appellant”) filed her Chapter 11 plan of reorganization in bad faith and dismissed her plan of reorganization. ...
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MEMORANDUM OPINION AND ORDER This cause is before the court on appeal from the final judgment entered by the United States Bankruptcy Court for the Middle District of Alabama on December 14,1994, in favor of Joe M. Harper. The court has jurisdiction pursuant to 28 U.S.C. § 158. 1 After independently reviewing the record, the briefs, and the documents submitted by the parties, this court fin...
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ORDER This cause is before the Court on appeal from a determination by the United States Bankruptcy Court for the Middle District of Florida, the Honorable Alexander L. Paskay, Chief Bankruptcy Judge, presiding and pursuant to 28 U.S.C. § 158(a). The legal issue on appeal is whether the Bankruptcy Court committed reversible error by dismissing, with prejudice, Count I and II of A...
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ORDER Appeal by the claimant, Internal Revenue Service, from an order of the bankruptcy court denying its motion to Vacate Order Granting Debtors’ Motion Compelling The Internal Revenue Service to release a hen. The government filed an amended proof of claim in this case for a secured claim of $20,000 and an unsecured claim of $56,945.31. Debtors filed an objection to this claim and the ban...
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FINAL ORDER AFFIRMING IN PART AND REVERSING IN PART BANKRUPTCY COURT’S MEMORANDUM OPINION AND JUDGMENT BEFORE THIS COURT are two appeals filed by the United States of America (“United States”) which pertain to a Memorandum Opinion, dated December 20, 1993, and its corresponding Final Judgment dated January 24, 1994, entered by visiting United States Bankruptcy Judge Basil H. Coutra-ko...
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ORDER This matter comes before the Court on the Complaint of the debtor SMS Investment Associates, Inc. (hereinafter “Debtor”) filed on December 7, 1992 against the City of Peachtree City (hereinafter “Peachtree City” or “City”). By commencing this proceeding, the Debtor requests this Court to order Peachtree City to turn over property of the estate. As such, the matters involved herein constitu...
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MEMORANDUM OPINION ON APPLICATION FOR COMPENSATION AND REIMBURSEMENT Kathleen Horne, former counsel for the Debtor, River Landings, Inc., applied for approval of professional fees pursuant to Section 330 of the Bankruptcy Code. Ms. Horne represented the Debtor in this Chapter 11 proceeding until a recent order was entered permitting her withdrawal. By order dated February 22, 1995, th...
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OPINION AND ORDER Before the court is Trustee’s Report On Sale (docket No. 197, filed on July 8,1994) of debtor Ibérica Manufacturing, Inc.’s real property located at Calle Munoz Rivera # 49, Juncos, Puerto Rico. The report of the sale conducted on May 31, 1994 contains a summation of costs as well as the commission paid to the trustee from the proceeds. Although the real property was...
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DECISION ON APPLICATION FOR FINAL ALLOWANCE OF ATTORNEYS’ COMPENSATION DECISION This matter comes before this Court on the final application (hereinafter “Final Application”) of Parker Chapin Flattau & Klimpl (hereinafter “Applicant”), counsel to the debtors, for allowance of compensation and reimbursement of expenses. For the reasons set forth herein, a final allowance is grante...
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MEMORANDUM The instant appeal arises out of the Chapter 11 bankruptcy proceedings of Carl M. Mazzocone, debtor and appellee. Appellant Lewis Kates appeals from an Order of the United States Bankruptcy Court for the Eastern District of Pennsylvania dated June 2,1994 dismissing the bankruptcy case. This Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a). For the foll...
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OPINION Presently before the Court are two Motions for Summary Judgment filed by Defendant SKF USA, Inc., d/b/a CR Services and CR Industries (“SKF”). In the first motion (“Motion I”), SKF seeks summary judgment against debtor/plaintiff, Friedman’s Express, Inc. (“Debtor”), on the ground that Debtor lacks standing to bring the freight undercharge claims asserted in the complaint. In t...
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MEMORANDUM OPINION Plaintiffs request amendment of a default judgment in the amount of $10,270.99 previously entered in their favor. They seek an additional award of punitive damages in the amount of the attorney’s fees and costs they incurred as a consequence of debtor’s bank *798 ruptcy filing as well as a determination that this debt is excepted from discharge pursuant to 11 U.S.C. § 523...
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MEMORANDUM OPINION AND ORDER The matters presently before the Court include: (1) the Apphcation for Payment of Arrearages filed by Huntington Bank Mar-tinsburg, N.A.; (2) the Apphcations for Allowance and Payment of Attorney Fees and Expenses to Attorneys for Huntington Bank Martinsburg, N.A.; and (3) the Application for Allowance of Attorney Fees and Expenses filed by Counsel for the...
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REASONS FOR DECISION This matter comes before the Court after trial on the merits of the plaintiffs’ complaint to determine the dischargeability of certain debts allegedly due the plaintiffs by the debt- or. This is a Core Proceeding pursuant to 28 U.S.C. § 157(b)(2). This Court has jurisdiction pursuant to 11 U.S.C. § 1334 and by reference from the District Court pursuant to Local Distri...
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REASONS FOR DECISION This is a Core Proceeding pursuant to 28 U.S.C. § 157(b)(2). This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and by virtue of the reference by the District Court pursuant to Local District Court Rule 22.01 incorporated into Local Bankruptcy Rule 1.2. No party at interest has sought to withdraw the reference to the bankruptcy court, nor has the District Court ...
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TABLE OF CONTENTS [[Image here]] MEMORANDUM OPINION This matter comes before the Court on the amended complaint filed by Sheldon L. So-low, trustee (the “Trustee”) of the estates of the debtors, Midway Airlines, Inc., Midway Aircraft Engineering, Inc., and Midway Airlines (1987), Inc. (collectively referred to as “Midway”) against Northwest Airlines, Inc. (“Northwest”), and ...
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MEMORANDUM OPINION This matter comes before the Court on the motion of Sheldon L-. Solow (the “Trustee”) for Midway Airlines, Inc. (the “Debtor”) pursuant to Federal Rule of Civil Procedure 59(e), incorporated by reference in Federal Rule of Bankruptcy Procedure 9023, to alter or amend a judgment entered on January 23, 1995. For the reasons set forth herein, the Court hereby denies th...
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MEMORANDUM OPINION AND’ ORDER I Statement of Proceedings This Chapter 7 case is before the court on the Withdrawal by David R. DuBois as Chapter 7 Trustee of the above captioned bankruptcy estate (hereinafter: “Trustee”), of his Motion for the Determination of the Tax Liability of the above captioned bankruptcy estate, and the Objection thereto, and the Motion for a ...
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