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All Reporters → br → Volume 194
Opinions in br Volume 194
194 B.R. 1 (1996)
In re Alvin GOLDSTEIN, Debtor.
Donald R. LASSMAN, as he is Trustee in Bankruptcy of Alvin Goldstein, Plaintiff,
v.
Alvin GOLDSTEIN, Individually and as Trustee of Appleton Trust, and Lisa Saladini, Defendants.
Bankruptcy No. 93-18450-CJK. Adv. No. A95-1552.
United States Bankruptcy Court, D. Massachusetts.
March 29, 1996.
*2 Thomas J. Raftery, Boston, MA, for Trustee.
Robert S. ...
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Page 3
MEMORANDUM OPINION
The Court has before it the objections of the Chapter 7 Trustee and the United States Trustee to the proof of claim filed by Pach-man & Oshrin, P.C., a law firm that repre
*4
sented the Debtor prepetition in a divorce action in New York and which asserts that it holds a secured claim for legal services in the amount of $5,000. (Proof of Claim No. 6.) A ...
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Page 6
ORDER ALLOWING THE INVOLUNTARY PETITION, AND ENTERING THE ORDER FOR RELIEF Heard on January 17, 1996, on the objection of the alleged Debtor, Peter Mayhew, to the involuntary Chapter 7 petition filed against Mayhew by Jane Landers. At the conclusion of the hearing, Landers was given additional time to file a supplemental memorandum. Upon consideration of the evidence presented, the arguments of ...
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Page 7
MEMORANDUM AND ORDER ON MOTIONS TO DISMISS UNDER CODE § 109(e) AND DETERMINE STATUS OF CLAIMS UNDER CODE § 506(a)
The chapter 13 trustee has filed a motion to dismiss this case under § 1307(c)
1
because the debtors scheduled secured debt in excess of the amount permitted by § 109(e). In response, the debtors filed a motion to determine the status of claims under § 506(a) so tha...
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DECISION DENYING DISCHARGE OF DEBT PURSUANT TO 11 U.S.C. § 523(a)(2)(A) This matter is before the Court pursuant to an adversary proceeding commenced by Ilisa and Scott Daly (the “Plaintiffs”) against David and Martha Braizblot (the “Debtors” or the “Defendants”) seeking to have the debt owed to the Plaintiffs in the amount of $113,000 plus interest in the amount of $38,-994 deemed non-diseharg...
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The computer revolution has transformed the work places and working methods of America. Law and the legal profession are hardly immune from these changes. For example, keepers of public records have computerized their data bases, all for the sake of efficiency and precision. Is it possible, however, to become so efficient and precise that one forsakes the recognition which law often accords to su...
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DECISION DENYING MOTION TO DISMISS
Defendant has moved to dismiss the amended complaint with prejudice in this adversary proceeding commenced to determine the dischargeability of defendant’s credit card indebtedness to plaintiff under 11 U.S.C. § 523(a)(2)(A). This Court has jurisdiction of this core proceeding under 28 U.S.C. §§ 1334 and 157(a) and (b).
The amended, complaint allege...
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OPINION
I. Introduction
The appeals and motions before the Court, supported by a voluminous record and extensive briefing, arise out of the alleged fraudulent transfer of stock valued at approximately $43 million from the Estate of Cloyce K. Box, the patriarch of a Texas oil and gas family, to a holding company called Box Brothers Holding Company (“BBHC” or “Debtor”), in an allege...
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MEMORANDUM OPINION This is an appeal from two separate orders of the United States Bankruptcy Court for the District of Maryland (Derby, J.), entered in the consolidated bankruptcy proceedings of Merry-Go-Round Enterprises, Inc., a major retail clothing chain with stores in malls throughout the country. The appellants are landlords of Merry-Go-Round and related stores. They appeal from the Ba...
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194 B.R. 53 (1995)
In re James I. WARD, Jr., Debtor.
ESTATE OF Madeleine SAMSON, By and Through its Personal Representative, the Reverend Joseph MURPHY, for the benefit of the Estate's residuary beneficiaries, The Extension Society; St. Jude's Hospital for Children; Little Sisters of the Poor; Xavier Association for the Blind; Graymore Friars; Sacred *54 Heart Missions; Association of the Blind a...
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ORDER
THIS MATTER comes before the Court upon a Motion to Dismiss the Involuntary Petition, to Abstain and/or, for Relief from the Automatic Stay, and to Award Attorneys’ Fees, Costs and Damages (“Motion”) filed on August 31, 1995 by the Alleged Debtor, Gills Creek Parkway Associates, L.P., a South Carolina Limited Partnership (“Gills Creek”) in response to the Involuntary Petition of And...
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Page 65
194 B.R. 65 (1996)
In re Robert and Marilyn DeLUCA, Debtors.
Joel T. BROYHILL et al., Plaintiffs,
v.
Robert and Marilyn DeLUCA, Defendants.
Bankruptcy No. 95-11924-AM. Adv. No. 95-1181.
United States Bankruptcy Court, E.D. Virginia, Alexandria Division.
January 2, 1996.
*66 *67 Joseph S. Luchini, Hazel & Thomas, P.C., Falls Church, VA, for Joel T. Broyhill.
Eric J. Berghold, McCandlish & ...
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MEMORANDUM OPINION
In this action, the plaintiffs, Joel T. Broyhill and Northern Virginia Realty, Inc. Profit Sharing Trust seek a declaration that the defendants, Robert and Marilyn DeLuca, were properly removed as the managers of D & B Countryside, L.L.C., and that Joel T. Broyhill was properly appointed as the successor manager.1 A trial of the issues was held on September 15 and 18, 1995. At ...
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Page 79
194 B.R. 79 (1996)
In re Robert R. DeLUCA and Marilyn DeLuca, et al., Debtors.
JTB ENTERPRISES, L.C., Plaintiff,
v.
D & B VENTURE, L.C., et al., Defendants.
Bankruptcy No. 95-11924-AM. Adv. No. 95-1182.
United States Bankruptcy Court, E.D. Virginia, Alexandria Division.
February 8, 1996.
*80 *81 Joseph S. Luchini, Hazel & Thomas, P.C., Falls Church, VA, for Joel T. Broyhill.
Harvey B. Coh...
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MEMORANDUM OPINION
The plaintiff in this adversary proceeding, JTB Enterprises, L.C. (“JTB”), seeks a determination that R & M Kiln Creek, L.C. (“R *82& M Kiln Creek”) was properly removed as the managing member of D & B Venture, L.C. (“D & B Venture”), one of the debtors in these jointly administered cases, and that JTB was properly substituted as the managing member. A trial of the issues was h...
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MEMORANDUM OPINION
This matter comes before the court upon an appeal of an Order of the United States Bankruptcy Court for the Western District of Virginia, Lynchburg Division, Judge William E. Anderson, granting the United States Trustee’s motion to convert the appellant’s Chapter 11 petition into a Chapter 7 petition, pursuant to 11 U.S.C. § 1112, where the appellant had failed to c...
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OPINION COMES NOW before the Court Kitty Hawk Charters, Inc.’s Motion to Terminate Debtor’s Exclusive Period in which to File and Obtain Acceptances of a Plan of Reorganization and Express One International, Inc.’s Motion to Extend Exclusivity Period Pursuant to 11 U.S.C. § 1121. Since both motions deal with the exclusivity period, the Court combined the motions for hearing. This opinion cons...
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Page 102
MEMORANDUM OPINION
Today we make our contribution to the small but growing body of caselaw interpreting 11 U.S.C. § 523(a)(15). The Court, in this ease and in an opinion in the case of
Hibbard v. Hibbard,
AP No. 96-3044, will discuss this new exception to the bankruptcy discharge in some detail. Here, Joan Smither (“Creditor”), Victor Smither’s (“Debtor”) former spouse, is suin...
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OPINION ON VARIOUS MOTIONS FOR ORDERS TO APPOINT ADDITIONAL COMMITTEES OR TO MODIFY THE COMPOSITION OF EXISTING COMMITTEES
I.Introduction
The issues to be decided in these contested matters include:
1. Whether the existing committees adequately represent the interests of the moving parties.
2. Does the Court have any power to reconstitute a committee and, if so, how...
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OPINION ON THE MOTIONS OF UNITED STATES TRUSTEE AND TORT CLAIMANTS’ COMMITTEE FOR STAY PENDING APPEAL: MARCH 21,1996 ORDER
On March 21, 1996, the Court entered an order denying various parties’ motions for the appointment of additional committees, etc., granting the physician claimants’ motion for appointment of an additional committee of physician claimants, and ordering the United S...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT
This declaratory judgment action is before the Court on cross-motions for summary judgment filed by Plaintiff-Debtor, Kent Klingshim (the “Debtor”), and by Defendant, Internal Revenue Service (“IRS”). This proceeding arises in a case referred to this Court by the Standing Order of Reference e...
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Page 161
MEMORANDUM
This case is before the court upon the Amended and Restated Motion for Authority to Pay Certain Taxes filed by the Krystal Company, the debtor in this Chapter 11 case. The motion seeks permission of the court to pay in due course the real estate taxes that Krystal is obligated to pay under the terms of the numerous and various nonresidential real property leases to which it...
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Page 165
MEMORANDUM ON DEBTORS’ MOTIONS FOR CERTIFICATES OF CONTEMPT
The court, for purposes of resolving common issues, has consolidated two motions, one filed by the debtor in the individual case of Donald Ray Walker, and the other filed by the debtor in the individual case of Misty Renee McCoy. Each motion, entitled “Motion for Certificate of Contempt,” was filed February 8,1996, seeking an...
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Page 171
ORDER This matter came on for hearing on March 21, 1996, on the Motion for Certificate of Contempt filed by the debtor, Donald Ray Walker, on February 8, 1996, seeking an order requiring First Tennessee Bank Credit Card Division to cease and desist from violating the automatic stay. For the reasons stated in the Memorandum filed this date, containing findings of fact and conclusions of law as re...
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Page 171
*172 ORDER This matter came on for hearing on March 21, 1996, on the Motion for Certificate of Contempt filed by the debtor, Misty Renee McCoy, on February 8, 1996, seeking an order requiring First Tennessee Bank Credit Card Division to cease and desist from violating the automatic stay. For the reasons stated in the Memorandum filed this date, containing findings of fact and conclusions of law ...
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MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DIS-CHARGEABILITY AND OBJECTION TO DISCHARGE
The plaintiff, Mona Y. Sawyer, filed an adversary proceeding on March 17, 1995, alleging that a particular debt in the amount of $72,000 should be excepted from the debtors’ discharge pursuant to § 523 and in the alternative that the debtors’ general discharge should be denied pursuant to § 727. No p...
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Page 178
MEMORANDUM OPINION
This matter comes before the Court on the motion of Jack McCullough, the Chapter 13 Standing Trustee (the “Trustee”), to dismiss this case with a request for a bar to refiling under 11 U.S.C. § 109(g)(1), and on the motion of Anthony and Angeline Herrera (collectively the “Debtors”) for a finding of a willful violation of the automatic stay under 11 U.S.C. § 362(a) ...
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OPINION
The Chapter 13 cases under consideration present a common factual scenario. In each case, the debtor borrowed money prior to bankruptcy to purchase a vehicle and granted the creditor a security interest in the vehicle. The creditor’s lien, however, was never recorded on the vehicle’s certificate of title. The debtor then filed for relief under Chapter 13 of the Bankruptcy Code, an...
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194 B.R. 199 (1996)
In re OUR OWN HARDWARE COMPANY, Appellant.
The Provident Bank, Tom's Home Center, Inc., Appellees.
In re TOM'S HOME CENTER, INC., Debtor.
Cause No. NA 95-0069-C B/H.U.S.B.C. No. 95-90030 BHL-11.
United States District Court, S.D. Indiana, New Albany Division.
March 29, 1996.
John S. Egan, Brown Todd & Heyburn, Louisville, KY, for Plaintiff.
*200 C. William Lohmeyer, New Al...
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ORDER
The above-captioned matter came on for trial on February 27,1996 on Plaintiffs’ Complaint Objecting to Discharge of Debtor. Plaintiffs Jodie Dutton, John Mally and Jaco-lyn Mally were represented by attorney Henry Nathanson. Debtor/Defendant Sylvia J. Kondora appeared with her attorney, Michael Mollman. Intervenor Steven Kondora appeared with his attorney, Steven Howes. After pr...
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MEMORANDUM OPINION This matter is before the Court on appeal from an order of the United States Bankruptcy Court, which denied turnover of the *211 money in appellant’s bank account to the bankruptcy estate and ordered the bank to release the money to the Internal Revenue Service (IRS) pursuant to a prepetition levy by the IRS. The Court has jurisdiction over this appeal pursuant to 28 U.S....
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OPINION
Michael Goodwin (“Goodwin”) is a chapter 11 debtor. Diane Seidel (“Seidel”) is Goodwin’s ex-wife, and a defendant in much of the litigation before the bankruptcy court. J. Elliot McIntosh (“McIntosh”) is the attorney for Goodwin and Seidel. (Hereinafter, Goodwin, Seidel, and McIntosh will collectively be referred to as “Appellants.”) Goodwin and Seidel brought a motion to recu...
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Page 227
MEMORANDUM DECISION
This Court has under advisement the motion filed by Central Rents, Inc. (“Central” or “movant”) seeking relief from the automatic stays. A final hearing was conducted on September 18, 1995, at which time Todd Jones appeared for the movant, and the debt- or Freddy Bowman appeared. Mrs. Bowman did not appear. The Court has considered the arguments of counsel, the evidenc...
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Page 230
194 B.R. 230 (1996)
In re Desiree CRUMMIE, Debtor.
In re Antonio and Myrna YSAGUIRRE, Debtors.
Bankruptcy Nos. 94-57951-ASW-OR, 95-51407-ASW-OR.
United States Bankruptcy Court, N.D. California.
March 20, 1996.
*231 Marcia E. Gerston and Evelyn T. Crane (argued), Levy, Greenfield & Davidoff, San Jose, CA, for Creditor GMAC.
James M. Lauderdale (argued), Law Offices of James M. Lauderdale, Mont...
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MEMORANDUM AND ORDER
On December 2, 1992, Raymond Paul and Susan Renee Schwarten filed for protection under Chapter 7 of the Bankruptcy Code. In an adversary proceeding, the bankruptcy court granted Mark Twain Kansas City Bank’s (Mark Twain) motion for summary judgment, finding that the Schwartens were collaterally estopped from relitigating the issue of whether they had committed fraud i...
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*251
MEMORANDUM OF DECISION
This proceeding is before the Court for resolution of the trustee’s attack on various aspects of real and personal property tax claims asserted by the Board of County Commissioners of Johnson County, Kansas (Johnson County). The trustee appears as his own counsel in this proceeding. Johnson County is represented by Assistant County Counselor Roger L. T...
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MEMORANDUM OPINION
This matter came on to be heard upon the Motion to Dismiss Adversary Proceeding filed herein by Debtor-Defendant, William R. Kelley (“Debtor”), seeking a dismissal of the above-captioned adversary proceeding filed by Plaintiff, The Employers Workers’ Compensation Association (“Plaintiff”). The Court held an evidentiary hearing on Debt- or’s Motion to Dismiss on February...
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ORDER
This matter comes before the Court on the complaint filed by the Trustee to recover a preferential transfer. The parties have waived a trial and have agreed that the Court could decide this proceeding based exclusively on the pleadings filed, stipulations and memoranda of law. The pivotal issues for the Court to decide are whether Borden, Inc. (“Borden”) has a security interest ...
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MEMORANDUM OPINION
On consideration before the Court is a complaint filed by Condor One, Inc. (hereinafter “Condor”), to determine the extent and priority of Condor’s lien against certain accrued rents, and to require turnover or, alternatively, to enjoin the use of said funds. On July, 17, 1995, Condor filed the above-styled adversary proceeding. On the same day, Debtors filed their Comp...
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ORDER OVERRULING OBJECTION BY UNITED STATES TRUSTEE TO DEBTOR’S MOTION FOR FINAL DECREE
This case came on for hearing on March 6, 1996, on the Objection by United States Trustee to Debtor’s Motion for Final Decree (the “Objection”) (Doc. No. 118). An order confirming the plan of reorganization filed by the debtor, Central Florida Electric, Inc. (the “Debtor”), was entered on October 2...
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ORDER This adversary proceeding is before the court following trial. Plaintiff seeks a determination that the $10,000 obligation owed to her by Debtor is nondischargeable support pursuant to § 523(a)(5). Debtor argues that the obligation is a dischargeable property division. FINDINGS OF FACT Plaintiff and Debtor were married in 1982. The parties have no children of the marriage. After six...
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*293
MEMORANDUM OF OPINION
Fredda Dressier (“Fredda” or “plaintiff’) asserts that obligations owed her by her former spouse, Chapter 7 debtor Michael B. Dressier (“Michael” or “debtor”), are excepted from discharge under § 523(a)(5) and § 523(a)(15). For the reasons set forth below, I conclude that, although a substantial portion of the indebtedness survives discharge because it ...
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DECISION ON DEBTOR’S MOTION OBJECTING TO CLAIM FILED BY GENERAL MARINE INDUSTRIES, INC.
Before the Court is the motion of the debtor, G. Marine Diesel Corp., (the “Debt- or”) objecting to the claim filed by General Marine Industries, Inc. (“GMI”) against the estate for services rendered and materials furnished as a subcontractor to the Debtor. This Court held healings to consider the objection ...
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MEMORANDUM OPINION AND ORDER
Appellant Minhlong Enterprises, Inc. (“Minhlong”) brings the above-captioned appeal of . a Bankruptcy Court Order signed December 1, 1994 (the “Dec. 1, 1994 Order”) holding unenforceable a lease held by Minh-long prior to a Bankruptcy Court approved sale. Pursuant to Federal Rule of Bankruptcy Procedure 8002, appellee Common Ground Community HDFC, Inc. (“Commo...
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MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART THE TRUSTEE’S MOTION FOR A PRELIMINARY INJUNCTION
This case may again prove the adage that something too good to be true probably isn’t. Harrison J. Goldin, the chapter 11 trustee of the three debtors, seeks to enjoin the prosecution of two lawsuits and one arbitration brought by disgruntled investors and creditors against the debto...
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OPINION
Laurance Lowenschuss (“Laurance Low-enschuss”), individually and as the trustee of the Fred Lowenschuss Associates Pension Plan (the “Pension Plan”) commenced this action by filing a complaint (the “Complaint”) in the United States District Court for the District of Nevada (the “U.S. District Court, Nevada”) against defendant Resorts International, Inc. (“Resorts”). Laurance Lowen-schuss ...
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Opinion
INTRODUCTION
Presently before the Court is the motion of secured creditor FTB Mortgage Services, Inc. (“FTB”) to dismiss Counts I, II and III of the Complaint filed by joint debtors Mark and Rosemary DuFrayne (“Debtors”). FTB moves to dismiss these counts pursuant to Rule. 12(b)(6) of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”)
1
on the basis that...
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OPINION
A INTRODUCTION
The Plaintiffs in the instant proceeding (“the Proceeding”), LINDACAROL CHERKEN GRAHAM, the estranged wife (“the Wife”); LORNA G. CHERKEN, the mother-in-law (“the Mother”); and HARRY S. CHERKEN, the brother-in-law (“the Brother”), respectively, of MARK G. GRAHAM, M.D. (“the Debtor”), challenge the dischargeability of the Debtor’s respective indebtedness...
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ORDER THIS MATTER came before the Court upon the Complaint of the Plaintiff, Laura T. Scott, seeking an Order declaring that the obligations owed by Defendant/Debtor should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(5) 1 and § 523(a)(15). 2 Based upon the evidence and testimony presented, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FAC...
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Page 381
*383 ORDER DENYING MOTION TO REOPEN CASE THIS MATTER came before the Court on the motion of Richard J. Paul (the “Debtor”) to reopen his case. The Motion to Reopen Case was filed on September 20, 1995. On October 5, 1995, NationsBank, National Association (Carolinas)’s (“NationsBank”) filed its objection to the Debtor’s Motion to Reopen Case. Findings of Facts 1 1. On or about Dec...
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Page 384
ORDER
THIS MATTER comes before the Court upon the Motion of Summatyme Corporation, a N.C. corporation, (“Summatyme”), for an Order modifying the 11 U.S.C. § 3621 stay in this case to allow the completion of the foreclosure proceeding before the Master-in-Equity for Charleston County, and to allow the entry of Judgment of foreclosure and sale of the Debtor’s real property. With the consent of the ...
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ORDER
Chapter 7
THIS MATTER comes before the Court upon the Debtor’s Motion to Dismiss or in *390the Alternative, Motion for Summary Judgment (the “Motions”). After reviewing the pleadings and the evidence presented along with arguments of counsel for the Plaintiff and the Debtor, who is appearing pro se, the Court makes the following Findings of Fact and Conclusions of Law pursuant to Rule 52 of...
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Page 396
ORDER
This matter comes before the Court upon a motion to be employed by the Debtor on a
nunc pro tunc
basis (the “Motion”) filed by the law firm of Robinson, Barton, McCarthy & Calloway, P.A., (the “Law Firm”) on January 24, 1996. Pursuant to order of the Court, the matter was scheduled for an expedited hearing after service on all creditors and parties in interest. The United...
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Page 400
ORDER
This matter came before the Court on February 5, 1996, for a hearing on the “Motion to Be Employed as Counsel for the Debtor
Nunc Pro Tunc
” (the “Motion”) filed by Robinson, Barton, McCarthy & Calloway,
*401
P.A. (the “Law Firm”) as well as its third application for fees and expenses dated November 29, 1995 in the amount of $50,231.64 (the “Third Application...
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Page 404
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY This matter came before the Court on the motion of Joy M. Ackerman (“Mrs. Acker-man”) for relief from the automatic stay. Mrs. Ackerman sought relief from the stay in order to prosecute an action seeking equitable apportionment of the marital property in the Family Court of the State of South Carolina, Colleton County (“Family Court”). Ralph C. McCu...
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MEMORANDUM OPINION AND ORDER
INTRODUCTION
This matter comes before the Court on an appeal from the United States Bankruptcy Court. Plaintiff/Appellant (hereinafter L & R Associates) presents the following two questions on appeal to the Court: 1) “Was Curtis [sic] [Defendant/Appellee] defense that he should be afforded the opportunity to litigate the issue of fraud barred by the D...
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Page 412
OPINION
CAME ON FOR HEARING before the Court the Emergency Motion for Reconsideration of Order Granting Debtor’s First Amended Motion to Avoid Transfer Pursuant to Sections 549 and 544 (“Motion for Reconsideration”) and the Amended Motion for Relief from Automatic Stay to Permit Eviction Proceedings and Request for Hearing without Waiver of 30-Day Hearing Requirement (“Stay Motion”) b...
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Page 416
194 B.R. 416 (1996)
In re Thomas K. LEASK and Sandra K. Leask, Debtors.
Bankruptcy No. 96-40066.
United States Bankruptcy Court, E.D. Texas, Sherman Division.
April 2, 1996.
*417 Ronald Gaswirth, Gardere & Wynne, L.L.P., Dallas, Texas, for Fritz Industries, Inc.
Brad Campbell, Campbell & Williams, L.L.P., Dallas, Texas, for Debtors.
OPINION
DONALD R. SHARP, Bankruptcy Judge.
COMES NOW be...
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Page 418
OPINION The Court heard Debtors’ Objection to Allowance of Claim of Internal Revenue Service (IRS) pursuant to regular setting. 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 Debtors filed their Chapter 13 petition on October 5, 1994. On ...
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OPINION COMES NOW before the Court for consideration Debtor’s Second Amended Disclosure Statement and the Disclosure Statement filed by the Official Polybutylene Claimant’s Committee (the “PB Committee”). Debtor and the PB Committee also have competing Plans on file. This opinion constitutes the Court’s findings of fact and conclusions of law to the extent required by Fed.R.Bankr. Proc. 7052 ...
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194 B.R. 429 (1996)
In re LUNAN FAMILY RESTAURANTS, Debtor.
MARRIOTT FAMILY RESTAURANTS, INC., Plaintiff,
v.
LUNAN FAMILY RESTAURANTS and Bank of America Illinois, Defendants.
BANK OF AMERICA ILLINOIS, Cross-Plaintiff and Counterplaintiff,
v.
LUNAN FAMILY RESTAURANTS, Cross-Defendant,
and
Marriott Family Restaurants, Counterdefendant.
Bankruptcy No. 94 B 21227. Adv. No. 95 A 00110.
United States ...
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MEMORANDUM DECISION
Introduction
The debtors, Peggy Kiesner and Roger and Iris Kiesner, brought identical adversary proceedings in each of their bankruptcy eases asking that this court determine taxes claimed owed by the IRS were discharged or, in the case of certain taxes owed by another entity, the debtors are not liable.
The parties briefed the issues and presented ev...
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Page 463
AMENDED MEMORANDUM DECISION
The United States Trustee is asking the court to deny the final application for compensation and reimbursement of expenses filed by the law firm of Kravit, Gass & Weber, S.C. (KGW), counsel for Frank Pio Crivello as Chapter 11 debtor-in-possession.
*464
The U.S. Trustee objects to KGW’s application on multiple grounds, including the law firm’s inel...
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Page 469
MEMORANDUM OPINION
Hearing was held on Objection to Claim of United States of America, Internal Revenue Service and on Objection to Claim of Nebraska Department of Revenue filed by Debtors on December 4, 1995. Appearances: Dean Jungers, attorney for debtors; Robert Met-calfe, attorney for United States of America, IRS; and James Woodruff, attorney for Nebraska Department of Revenue. T...
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Page 474
ORDER RE: MOTION FOR NEW TRIAL March 14, 1996, the debtor, through counsel, filed a Motion For New Trial with respect to the court’s Findings of Fact, Conclusions of Law, and Ruling denying confirmation of the debtor’s amended and modified plan. The court has considered the pleadings and now rules. As a threshold matter, the plaintiff’s motion is properly characterized as a motion to alter th...
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ORDER In this Chapter 7 bankruptcy, Plaintiff Don Torgenrud, the Chapter 7 Panel Trustee filed on April 7, 1995, separate adversary proceedings against Debtor Ted Wolcott (“Wolcott”), and against Defendant Gail Benson (“Benson”). Adversary complaint 95/00030 against Wolcott seeks to deny Debt- or’s general discharge. Adversary complaint 95/00029 against Benson seeks to avoid preferential or fra...
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Page 488
194 B.R. 488 (1996)
In re Franklyn C. LIMBAUGH, Laurie A. Limbaugh, Debtors.
Bankruptcy No. 395-35375psh13.
United States Bankruptcy Court, D. Oregon.
April 3, 1996.
*489 Todd Trierweiler, Portland, OR, for debtors.
OPINION
POLLY S. HIGDON, Bankruptcy Judge.
This matter came before the court for confirmation of the debtors' Chapter 13 plan. In their plan the debtors have divided the claims of un...
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MEMORANDUM DECISION ON APPEAL
In this bankruptcy appeal John Cervenka contests the bankruptcy court’s February 4, 1994 Order on Motions and Cross-Motions for Summary Judgment (“Order”), 1994 WL 131097, granting summary judgment in favor of Christine J. Jobin, trustee of the bankruptcy estate of M & L Business Machine Co., Inc. (“Trustee”).
Cervenka argues the bankruptcy court erred: (1) by enteri...
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ORDER
Chapter 11 Debtor and Appellee Yellow Cab Cooperative Association (“Yellow Cab”) moves to dismiss this bankruptcy appeal or, in the alternative, to vacate the stay entered on February 23, 1996. Yellow Cab asserts the appeal is moot under Church of Scientology v. United States, 506 U.S. 9, 12, 113 S.Ct. 447, 449-50, 121 L.Ed.2d 313 (1992) because events have occurred while the appeal was pen...
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MEMORANDUM OPINION AND ORDER
Defendants Franeiso Marquez Zermano and Rosa Elva de Marquez appeal from a final judgment of the bankruptcy court (1) setting aside the transfer of certain real property to them by Debtor’s Mend, and (2) ordering recoveiy of the property or, in the alternative, the entry of judgment against them and Debtor’s Mend jointly in the amount of $109,586. The Marqueze...
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194 B.R. 514 (1996)
In re Guy Benny BROWN, Debtor.
Ronald D. GULLICKSON, Appellee,
v.
Guy Benny BROWN, Appellant.
No. 95-4021-RDR. Bankr. No. 92-41284-7.
United States District Court, D. Kansas.
March 29, 1996.
*515 *516 F. Stannard Lentz, Carl R. Clark, Lentz & Clark, P.A., Overland Park, KS, for Guy Benny Brown.
Robert D. Kroeker, Steven M. Leigh, Robert D. Lantz, Martin, Leigh & Laws, ...
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MEMORANDUM AND ORDER This is an appeal from the bankruptcy court. The appellants H.T. Paul Co., Inc. and Howard T. Paul (“Paul”) contend that the bankruptcy court erred in dismissing their complaint objecting to discharge and dischargeability of debtor Donald G. Atteber-ry in Case No. 93-40866-7. Having carefully reviewed the arguments of the parties, the court is now prepared to rule. We r...
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MEMORANDUM OPINION AND ORDER
This matter comes before the Court pursuant to the Trustee’s Complaint to Avoid and Recover Preferential and/or Post-Petition Transfers. A hearing was held on May 8, 1995. Upon the subsequent filing of stipulations and briefs, the Court took the matter under advisement.
JURISDICTION
The Court has jurisdiction over this proceeding. 28 U.S.C. §...
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Page 533
ORDER DENYING TRUSTEE’S MOTION TO COMPEL DEBTOR TO UNDERGO PHYSICAL EXAMINATION
THIS MATTER came before the Court on the 27th day of February, 1996, the date set for hearing on the Trustee’s Motion seeking to compel the Debtor to undergo a physical examination and, implicitly, to allow a policy of life insurance to be taken out insuring his life. The underlying facts are not in disput...
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MEMORANDUM OF DECISION AND ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
By their complaint in this adversary proceeding, the Plaintiffs, William and Jean Phalon, object to the dischargeability of the judgment debt owed them by Defendant and Debtor Peter Varrasso in the amount of $57,-764.66.
1
The Plaintiffs contend that the debt is excepted from discharge by § 528(a)(2...
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Page 540
MEMORANDUM OF DECISION ON OBJECTION TO CLAIMS OF EXEMPTION
The above-captioned matter requires the Court to determine the propriety of certain claims of exemption made by the Debtors,
*541
most notably their claim to a “homestead” exemption pursuant to Section 52-352b(t) of the Connecticut General Statutes. For the reasons stated below, the Court determines,
inter alia,...
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Page 544
*545MEMORANDUM OF DECISION ON MOTION TO AVOID JUDICIAL LIEN
This Memorandum of Decision is a companion to a Memorandum of Decision and Order on Objection to Claims of Exemption (hereafter referred to as the “Exemption Opinion”) also entered this day. In the Exemption Opinion this Court determined the extent of the Debtors’ entitlement to a homestead exemption pursuant to C.G.S. § 52-352b(t). This...
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Page 547
DECISION & ORDER
BACKGROUND
On November 21, 1995, Bernard and Dana Nevería (the “Debtors”) filed a Petition initiating a Chapter 13 case. On their schedules, the Debtors showed their joint ownership of a residence at 266 Westchester Avenue, Rochester, New York (“Westchester”), and further indicated that: (1) the property had a fair market appraised value of $78,500.00; (2) there was ...
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Page 553
DECISION GRANTING MOTION FOR AN ORDER VACATING THE PERMANENT INJUNCTION The Debtors filed a joint voluntary petition under Chapter 7 of the Bankruptcy Code on May 16, 1995 (“the Filing Date”). The last date for filing claims against the Debtors’ estates and to file complaints objecting to discharge and dischargeability of individual debts pursuant to sections 727 and 523 of the Bankruptcy Code ...
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Page 555
DECISION ON DEBTORS’ MOTION TO DISMISS COMPLAINT SEEKING SPECIFIC PERFORMANCE OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ON GROUNDS THAT, INTER ALIA, RELIEF IS PRECLUDED BY THE RULE AGAINST PERPETUITIES
Bradlees, Inc. (“Bradlees”), and an affiliated company, New Horizons of Westbury, Inc. (“Horizons” and together with Bradlees, the “Debtors”) seek to dismiss, the amended complaint f...
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Page 559
*562
MEMORANDUM
We have before us the question whether plaintiff Palmer K. Schreiber (“Schreiber”) may reach the interest of defendant Christopher G. Kellogg (“Kellogg”) in a Pennsylvania spendthrift trust to satisfy a judgment entered against him in this court. Kellogg is currently the debtor in a Chapter 7 bankruptcy proceeding in the Southern District of Florida.
This...
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MEMORANDUM OPINION
Presently before the court is the Motion to Prohibit the Use of Cash Collateral of Patio Rooms Corporation (“Creditor” or “Movant”) (“Creditor’s Motion” or “Movant’s Motion”), which raises the issue of whether postpetition payments made under prepetition home improvement contracts are subject to a prepetition security interest in a debtor’s accounts receivable. Beca...
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Page 576
ORDER
THIS MATTER comes before the Court upon the Debtor’s Motion to Reopen pursuant to 11 U.S.C. § 350.
1
The sole objection to the Debtor’s motion was filed by Frank E. Fowler (“Mr. Fowler”). After receiving the testimony, carefully considering all the evidence and weighing the credibiKty of the witnesses, the Court makes the foKowing Findings of Fact and Conclusions of Law p...
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OPINION This is plaintiff Myron LaBonte’s appeal from the bankruptcy court. The bankruptcy court granted summary judgment in favor of appellee James Hall. The issue before the Court is whether a bankrupt employer who failed to purchase and maintain workers’ disability compensation insurance may be found to have caused “willful and malicious injury” to his subsequently injured employee pursuan...
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Page 583
MEMORANDUM AND ORDER
This appeal arises out of the collection and payment of trust fund taxes by a corporation, Village Junction Restaurant, Inc., formerly owned by Jon Ford. Mr. Ford, the sole shareholder, was responsible for collecting and remitting the trust fund taxes to the Internal Revenue Service. Believing that these taxes had not been paid in full following the sale of the co...
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Page 590
MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS OR TO TRANSFER CASE TO PROPER VENUE
The contested matter before the Court is the motion filed by a creditor, Charles F. Timbs, III, to dismiss this voluntary chapter 7 case for improper venue or to transfer the case to the Northern District of Mississippi. The debtor opposes the motion and no other party in interest appeared in support of ...
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MEMORANDUM OPINION This is an appeal from a final order of the bankruptcy court of the Northern District of Illinois denying debtor Curtis C. MeEwen’s motion to vacate the bankruptcy court’s previous order modifying the automatic stay to allow the Federal National Mortgage Association (“FNMA”) to acquire McEwen’s residence in a foreclosure sale. BACKGROUND FNMA was the holder of the pro...
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Page 597
MEMORANDUM OPINION ON DEBTOR’S MOTION FOR TURNOVER
This contested proceeding relates to a voluntary petition for relief filed under Chapter 7 of the Bankruptcy Code by debtor Lutvi Dalip (“Debtor”) on October 26,1995. Debt- or seeks by motion to adjudicate his right to an escrow fund resulting from pre-bankrupt-cy sale of his home, although he originally agreed for that fund to be pai...
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Page 605
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This proceeding relates to the bankruptcy case filed by James Halas, (“Halas” or “Debtor”), under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 101
et seq.
Ron Ohr, Sr. (“Movant” or “Ohr”), a creditor in this ease, moved to have the automatic stay under 11 U.S.C. § 362 annulled retroactively. Movant allegedly bought the real estate t...
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MEMORANDUM OPINION ON TEMPORARY ALLOWANCE OF RICO CLAIMS UNDER RULE 3018(A) FOR VOTING
Introduction
On March 31,1995, three creditors, including Hatley Sales Corp. and Label-Tek, Inc., filed an involuntary petition against Hydrox Chemical Company, Inc. (“Hydrox” or “Debt- or”), producer of health care supplies. Subsequently, American Packaging Products, Inc., Coleman Chemical...
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MEMORANDUM At Saint Louis, in this District, this 29th day of March, 1996. The matter is before the Court on a complaint by Sarah Pleban (“Plaintiff’) to determine the dischargeability of a debt owed to her by Lynda Kyle O’Toole (“Debtor”) for guardian ad litem (“GAL”) fees awarded pursuant to a state court order. It is the Plaintiffs contention that GAL fees are in the nature of support ...
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MEMORANDUM OPINION AND ORDER In this Chapter 7 case, debtor’s former wife and father-in-law seek a judgment of nondischargeability of debts from a Property Settlement Agreement and a Decree of Dissolution of Marriage pursuant to 11 U.S.C. § 523(a)(2)(A) for debts incurred by fraud; (a)(5) for support debts; and (a)(6) for debts due to willful and malicious injury. The wife’s lawyer also seeks...
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*639
OPINION
The debtor Larry L. Greatwood appeals an order of the bankruptcy court granting a motion of the United States to dismiss the debtor’s Chapter 13 case for bad faith due to the debtor’s failure to file federal income tax returns and failure to confirm his Chapter 13 plan. We find that the “Statements in Lieu of U.S. Income Tax Form 1040 or 1040NR” filed by the debt...
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MEMORANDUM DECISION
Preliminary Statement
This matter comes before this Court on an “Expedited Motion for Reconsideration Re: Court Order of May 22, 1995,” concerning the trustee’s sale of certain real property located at 2713 West Gila Lane, Chandler, Arizona, filed by WILLIAM J. THOMAS AND STEPHANNA F. THOMAS (the “Debtors”), and the “Motion for Relief from the Automatic Stay a...
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Page 651
MEMORANDUM DECISION AND CERTIFICATION TO THE DISTRICT COURT
On November 25, 1994, JOHN and ADRIANNE MURRAY, the Debtors, filed a motion for an expedited hearing and request for the turnover of the funds paid by them to a document preparation service. The Court issued an order to show cause to determine whether the document preparer had violated the newly enacted provisions of Section 308 ...
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MEMORANDUM AND ORDER
The defendants, Industrial Commission of Ohio, the Administrator and the Bureau of Workers’ Compensation (“applicants”) apply for leave to appeal, pursuant to 28 U.S.C. § 158(a)(3), from a bankruptcy court order issued in the adversary proceeding that denied the Industrial Commission of Ohio’s motion for protective order. The plaintiffs, American Freight System, Inc. ...
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Page 663
ORDER
This matter came on for hearing on the Involuntary Petitions of Gulf Chrysler-Plymouth-Dodge, Inc. for orders of relief in the above styled cases. Appearances were as noted in the record. And it appearing to the Court from the testimony taken at said hearing, the testimony taken at the hearing to appoint interim trustees which was incorporated by agreement into this hearing, and...
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*671
ORDER ON MOTION FOR SUMMARY JUDGMENT AS TO CHOICE OF LAW
I. INTRODUCTION
THIS CAUSE came on for consideration upon Cross Motions for Summary Judgment. This Court has considered all arguments and evidence, including the entire record for this case, consistent with a ruling on a motion for summary judgment.
See Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 252...
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ORDER DETERMINING DEBT DISCHARGEABLE
This matter came on for trial before the Court on January 17, 1996. Debtor, Zoe Vazquez, is seeking discharge of a student loan pursuant to § 523(a)(8)(B)
1
as an undue hardship on the Debtor. The Court, having considered the documentary evidence, having observed the candor and demeanor of the witnesses, having considered the arguments o...
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ORDER
Currently before the Court in this matter is the “Complaint to Determine Discharge-ability of Debt” of Connie D. Humiston (hereinafter “the Creditor”). This Complaint comes as part of an adversary proceeding, commenced by the Creditor to determine the dischargeability of certain divorce-related debts owed her by James David Huddelston (hereinafter “the Debtor”). It, therefore, g...
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ORDER
Currently before the Court in this matter is the Motion for Relief from Final Judgment of the Board of Regents of the University System of Georgia (hereinafter “the University”). Through this Motion, the University asks the Court to find that circumstances of excusable neglect require it to vacate its Orders dated January 11, and 81, 1996, wherein it granted summary judgment and...
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ORDER
Currently before the Court in this case is the Motion to Extend Time for Filing Notice of Appeal of William Michael Robinson (hereinafter “the Debtor”). Through this Motion, the Debtor asks the Court to find that he excusably neglected to file an appeal of a March 4, 1996 Order, wherein partial summary judgment of nondischargeability was entered against him on the bankruptcy cla...
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OPINION
Seeking to enforce a noncompetition clause in its franchise agreement, The Maids International, Inc. (“Maids”) has brought this complaint to enjoin Michael E. Ward and Angela L. Ward (the “Debtors”) from owning or operating a maintenance and cleaning service within a fifty mile radius of the franchised territory. Maids contends neither the Debtors’ bankruptcy filing nor reject...
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MEMORANDUM OF DECISION ON MOTION FOR RECONSIDERATION
I.JURISDICTION
The above-captioned matter is before this Court for decision. The United States District Court for the District of Connecticut has jurisdiction over the instant matter by virtue of 28 U.S.C. § 1334(b); and this Court derives its authority to hear and determine the matter on reference from the District Court pursuant to 28 U.S.C. ...
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RULING ON MOTION TO MODIFY SCHEDULING ORDER I. ISSUE William F. Celani, the plaintiff and former husband of the Chapter 7 debtor, Kathleen Mary Celani (the “Debtor”), on May 4, 1995, filed a complaint requesting that the court declare certain debts owed him by the Debt- or nondischargeable pursuant to 11 U.S.C. § 523(a)(15). 1 The court, on September 11, 1995, issued a scheduling orde...
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Before the Court is the final fee application of Marcus Montgomery P.C. (the “Marcus Firm” or “Marcus”) pursuant to Bankruptcy Code sections 503(b)(3)(D) and (4), seeking compensation for professional legal services and reimbursement of its actual, necessary expenses in the total sum of $87,-583.69. This Court held a hearing to consider the application on February 13, 1996 at which time the Court...
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OPINION and ORDER
Appellant Skillman E. Siewert appeals two orders of the Honorable Prudence B. Abram of the United States Bankruptcy Court for the Southern District of New York in
In re Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey,
88 B 10377 (PBA). First, Siewert appeals an order dated August 19, 1994 (the “Disallowance Order”) which granted summary j...
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Appellant Fellows, Read & Associates, Inc. (“Fellows”) appeals from the February 28, 1995 decision of The Honorable Stuart M. Bernstein, United States Bankruptcy Judge, dismissing Fellows’ complaint following trial. Fellows sought a determination that the debt arising from three guarantees executed by Ralph Rieder (“Rieder” or “Debtor”) was not dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A)...
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RULING ON CREDITORS’ COMMITTEE APPLICATION TO RETAIN COUNSEL
On June 20, 1995 an involuntary petition for relief pursuant to Chapter 7 of Title 11 of the United States Code was filed against the debtor. The case was converted to Chapter 11 on July 11, 1995. After an evidentiary hearing the Court entered an order pursuant to 11 U.S.C. § 1104 for the appointment of a trustee, and the truste...
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Page 741
DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF WEST VIRGINIA WORKERS’ COMPENSATION FUND
The Chapter 11 Successor Trustee (the “Trustee”) of Olga Coal Company (the “Debtor”) requests this court to determine
*743
whether proofs of claim, filed by the State of West Virginia Workers’ Compensation Division (the “State” or the “Fund”), are entitled to administrative or tax priorit...
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AMENDED ORDER
In this action, plaintiff William M. Burke (“Burke”) moved for abstention and remand to state court and for modification of the automatic stay. Third-party plaintiff United Jersey Bank (“UJB”) moved to have its third-party action against certain individual guarantors severed and remanded to state court. The Court referred the motions to the magistrate judge.
The magistr...
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Page 762
OPINION ON DEBTOR’S MOTION TO REDUCE PROOF OF CLAIM
At issue here is the valuation of an automobile owned by the debtor, Ethel Y. Maddox. Chrysler Financial Corporation holds a security interest in the vehicle, and is un-dersecured. The purpose of the valuation is to determine the amount of Chrysler’s allowed secured claim that will be paid through debtor’s Chapter 13 cram down plan.
...
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Opinion
Introduction.
Before the Court is a Motion by the above Debtor, Liberty Cab & Limousine Co., Inc., under 11 U.S.C. § 1113(d)(1) for permission to modify the terms of a collective bargaining agreement with certain drivers represented by Teamsters Union Local 115 (hereinafter the “Union”). The Debtor’s request for relief was originally heard on an expedited basis and, a...
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Page 777
OPINION
Before the Court is the Joint Motion of Michael Kaliner, Trustee and Larry Moses, Debtor (“Movants”) To Vacate Order of May 16, 1995 Granting Partial Relief Lifting Stay (the “Motion”). The Motion requires us to once again explore the murky confluence of state domestic relations law and federal bankruptcy law. See In re Bennett, 175 B.R. 181 (Bankr.E.D.Pa.1994). For the reasons stated b...
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Page 782
MEMORANDUM OPINION
Objections to secured claims filed by the respective debtors in each of these cases against Chevy Chase Bank (the “Bank”) raise identical issues of law and present many facts in common. Accordingly, this joint Memorandum Opinion shall be filed in each case.
Facts and Conclusions of Law
The Bank claims a secured interest in goods “sold” by two home impr...
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MEMORANDUM ORDER
Plaintiffs Haywood Clayton and Sylvia Clayton filed this civil action on September 29, 1995, alleging that Defendant Raleigh Federal Savings Bank (“Raleigh Federal”) violated a federal criminal statute, 18 U.S.C. § 152(4), by filing false claims in bankruptcy proceedings relating to the Claytons. Plaintiffs alleged that Raleigh Federal wrongfully
*795
ove...
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Page 797
194 B.R. 797 (1996)
In re Robert R. DeLUCA, Marilyn S. DeLuca, Debtors.
PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, Movant,
v.
LAKESIDE ASSOCIATES, L.P., Respondent.
Bankruptcy No. 95-11924-AM. Contested Matter No. 96-1211.
United States Bankruptcy Court, E.D. Virginia, Alexandria Division.
April 1, 1996.
*798 *799 Kevin M. O'Donnell, McKinley, Schmidtlein, O'Donnell & Bornmann, P.L.C., Alexandr...
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MEMORANDUM OPINION A hearing was held on March 25, 1996, on the motion filed by Principal Mutual Life Insurance Company (“Principal Mutual”) on February 13, 1996, for relief from the automatic stay in the case of Lakeside Associates, L.P. (“Lakeside” or “the debtor”) in order to foreclose under a deed of trust or, in the alternative, for dismissal of the case. At the conclusion of the hearing the ...
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Page 807
MEMORANDUM OF OPINION ON HOMESTEAD
The State National Bank of Big Spring, Texas
1
(Bank) objected to the claim by Richard Lee Leonard and Stephanie Jo Leonard (Leonards) of property in Midland, Texas as their residential homestead. The court finds that the Leonards had not abandoned the property as their homestead and that the Bank’s objection should be denied.
2
F...
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OPINION AND ORDER I. INTRODUCTION This matter is before the Court on the appeal of the debtor, Joyce Patricia Leach, and James Michael Manley (hereinafter “appellants”) from an interlocutory order of the bankruptcy court. Appellants are the defendants in an adversary proceeding brought by appellee, Hilda M. Buckingham, Personal Representative of the estate of Lillian P. Childress (hereinaft...
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MEMORANDUM OPINION
This matter is before the Court upon the appeal of Tony Biondic (“Biondic”) of a judgment rendered in the United States Bankruptcy Court for the Northern District of Ohio in favor of the United States of America (“Government”). The Bankruptcy Court found that Biondic was collaterally estopped from litigating whether or not his 1980 income tax liability is dischargeable.
For the...
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Page 818
MEMORANDUM
This case is presently before the court upon the objection filed by Wachovia Bank of South Carolina (‘Wachovia”) to the debtors’ claim of exemptions in certain personal property owned by them. Wachovia alleges that the exemptions should be denied because the debtors have substantially undervalued their property and have acted in bad faith by their prepetition transfers of c...
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MEMORANDUM This matter concerns the Amended Complaint to Determine Dischargeability filed on behalf of The North River Insurance Company (“Plaintiff’). The Court announced its determinations and orders from the bench after a trial on October 17, 1994. These determinations have been reduced to writing as a result of a request from persons affected by this ruling. This is a core proceeding pu...
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MEMORANDUM ORDER
This matter is before the Court on the Motion to Dismiss filed by the debtors, Richard and Laura Perkey, and the Motion For Leave to Intervene as Party Plaintiff filed by the Chapter 7 Trustee, John C. Reed.
Facts
On October 25, 1995, Richard and Laura Perkey filed a petition for relief under Chapter 7 of the Bankruptcy Code. John C. Reed was appointed T...
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Page 851
MEMORANDUM OPINION Debtor filed for rehabilitation under Chapter 13. The standing Chapter 13 Trustee found several problems with the listed income, the listed expenses and the value placed on debtor’s automobile. It appears to the Court that the amended schedules I and J cure the income and expense concerns, although the Court suggests that the Trustee cheek debtor’s tax return next spring to...
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Page 853
MEMORANDUM OF DECISION RE: CONFIRMATION OF PLAN DATED SEPTEMBER 13, 1995 The matter before the Court is the confirmation of Debtors’ plan dated September 13, 1995 and the objections thereto. This is a core proceeding under 28 U.S.C. § 157(b)(2). This Memorandum and accompanying Order shall constitute the Court’s findings and conclusions under Fed.R.Bankr.P. 7052. As set forth below, the Court c...
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OPINION
Dr. Gerald Wolfe appeals an order of the bankruptcy court sustaining an objection to his claim and allowing a general prepetition unsecured claim against the estate for $470,-000. We reverse and remand.
*860
STATEMENT OF THE FACTS
The salient facts of this case are not in dispute. The debtor Leisure Time Sports, Inc. and Dr. Gerald Wolfe entered into a m...
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OPINION
OVERVIEW
The debtor abandoned her leased office space two years prepetition, with 46 months remaining under the lease term. The lessor filed claims for two months past due rent owing as of the date of abandonment and for the remaining rent due under the lease term up to the date it filed its proofs of claim. Section 502(b)(6) of the Bankruptcy Code circumscribes allowance...
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Page 867
MEMORANDUM DECISION
Preliminary Statement
The Debtors, RICHARD HARRY JACKSON and LISA MARIE JACKSON, and the Trustee, STEVEN SINGER, have requested that this Court determine whether an objection to an exemption must be filed when the Debtor’s market value of the property claimed exempt is equal to the amount properly claimed as exempt by the Debtors under applicable state or fede...
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Page 875
ORDER AFFIRMING BANKRUPTCY COURT DECISION
On February 5,1996, this Court heard oral argument on an appeal from an order of the Bankruptcy Court denying an application for fees. Upon consideration of the oral and written record, this Court affirms the order of the Bankruptcy Court for the reasons stated herein.
I.
Overview
The law firm of Forrest & McLaughlin (“F & M”) ap...
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Page 881
*883 MEMORANDUM DECISION Katherine Baker, (“Debtor”) moves this Court for an order modifying her Chapter 13 plan to compensate for a reduction in her disposable income due to the death of her husband and former co-debtor Tal Baker. The Chapter 13 trustee (“Trustee”) opposes the motion because the Debtor has failed to include certain life insurance proceeds in her calculation of “projected dis...
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MEMORANDUM OF DECISION In this adversary proceeding, the parties, Edlee Taft Lilly and Louella Lee Lilly (the “Debtors”), and the Internal Revenue Service of the United States (the “Service”) have filed cross-motions for summary judgment. FACTUAL BACKGROUND The Service conducted an audit of the Debtors’ income tax return for 1981. The Debtors appealed the Service’s audit determination to the Ser...
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Page 888
MEMORANDUM OF DECISION
James C. Strickland and H. Elaine Strickland (the “Debtors”) object to the priority claims of the Internal Revenue Service (“Service”) for tax years 1990 and 1991 and the priority claim of the Idaho State Tax Commission (the “Tax Commission”) for the 1991 tax year.
FACTUAL BACKGROUND
The Debtors’ federal income tax returns for tax years 1990 and 1991 w...
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Page 893
ORDER
At Butte in said District this 12th day of April, 1996.
After due notice hearing was held in this Chapter 7 bankruptcy, on a Motion to Avoid Lien on real property filed by Debtors Ronald Lewis Todd and Shirley Ann Todd (“Debtors”) January 29, 1996. The affected creditor, Pioneer Liquidating Corporation (“Pioneer”), filed an objection to the motion on March 4, 1996. At hearing b...
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MEMORANDUM OPINION AND ORDER
The appeal raises a question of first impression in this circuit, namely, whether notice to an unscheduled creditor of a bankruptcy filing less than 30 days before the 60-day deadline for filing nondischargeability complaints is adequate under Bankruptcy Rule 4007(c) and the United States Constitution. Judgment creditor Sophir Company (“Sophir”) appeals from t...
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MEMORANDUM DECISION ON APPEAL
Attorney Richard R. Clements, A.P.C. (“Clements”), appeals from two orders issued by the bankruptcy court on November 21, 1995, sustaining the trustee’s objections to claims filed on behalf of himself and his former law firm for services provided and costs advanced to Debtors. Clements contends the claims were filed in accordance with the bankruptcy rules and are the...
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MEMORANDUM AND ORDER
Plaintiff Yvonne Deloris Albert brought the present adversarial action against her former husband, debtor/defendant Willie Al
*909
bert, Jr., seeking to determine the discharge-ability of a state court judgment in her favor. She had obtained this judgment, in the principal amount of $23,810.80 with accrued interest of $6,276.77 as of April 1,1994, for...
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MEMORANDUM OF DECISION AND ORDER SUSTAINING DEBTOR’S OBJECTION TO THE CLAIM OF THE INDUSTRIAL COMMISSION OF ARIZONA This contested matter concerns whether or not the claim of the Industrial Commission of Arizona qualifies for the Bankruptcy Code’s tax priority. The answer requires that I define the noun “tax.” One would think that this fundamental, unambiguous term was uniformly well defined ...
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MEMORANDUM OPINION This matter is before the Court on a complaint filed by Gerald McGinnis (“Plaintiff’), requesting the Court to determine that an obligation incurred by debtor/defendant, Thelma McGinnis (“Debtor”), pursuant to the parties divorce decree is nondischargeable pursuant to 11 U.S.C. § 523(a)(15) of the United States Bankruptcy Code. The trial in this matter was held on the 2nd day...
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Page 923
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This case is before the Court upon an Objection to Debtor’s Claim of Exemptions
*924
filed by Locomotion Properties, Ltd. (hereinafter “Locomotion”), a creditor of Debtor and a Motion to Continue and Consolidate Hearing on Objection to Exemptions also filed by Locomotion. A hearing was held on February 8, 1996 and the parties subseq...
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ORDER DENYING PLAINTIFF’S MOTION TO COMPEL RELEASE OF FUNDS THIS CAUSE came on for hearing before the Court on January 2,1996 upon the Plaintiffs Emergency Motion to Compel the Release of Funds, and having reviewed the Motion, heard argument of counsel, and being otherwise fully advised in the premises, the Court finds as follows: Patrick Pierre (“Debtor”) filed a voluntary petition for rehef un...
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OPINION
Before the Court is the complaint (“Complaint”) of Debtor, Barbara Farris (“Debt- or”), objecting to the proof of claim filed by Jefferson Bank (“Jefferson”).
1
Debtor seeks
*933
to have this Court disallow Jefferson’s claim in its entirety as violative of the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691,
et seq.
(“ECOA”).
2
F...
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ORDER
THIS MATTER comes before the Court for trial upon the Complaint, as amended, filed by the Plaintiff, W. Ryan Hovis, the Chapter 7 Trustee for the Debtor (“Trustee”) asserting twelve causes of actions against the various defendants. The Trustee seeks recovery of allegedly preferential payments from Defendant Powers Construction Company, Inc. (hereinafter “Powers Construction”) in the...
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ORDER
THIS MATTER came before the Court pursuant to the Motion of SC Hyatt Corporation and Hyatt Corporation (“Hyatt”) to Dismiss the Complaint of Plaintiff Dunes Hotel Associates, or, in the Alternative, to Stay the Second Claim and Compel Its Arbitration (“Hyatt Motion”) and the Motion for Partial Summary Judgment against the Defendants with Respect to the First Claim for Relief of the ...
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ORDER
THIS MATTER is before the Court upon (a) the Objection filed on April 13, 1995 by SC Hyatt Corporation (“Hyatt” or “SC Hyatt”) to Wolf Block Schorr & Solis-Cohen’s (‘Wolf Block”) proof of claim which was filed on March 20, 1995 in the amount of $2,139.57 (the “Objection”) and (b) the Debt- or’s Motion for Temporary Allowance of Claim Asserted by Wolf Block filed on August 28, 1995 (...
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Before the court is Placid Refining Company’s appeal of the Bankruptcy Court’s order finding it in contempt. Appellee, Terrebonne Fuel & Lube, Inc., has filed a reply memorandum and a cross-appeal. This matter is before the court on briefs without oral argument.
Background
On or about April 28, 1985, Terrebonne Fuel and Lube, Inc. (“Terrebonne”), a wholesale fuel distributor, and Placid Refining...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL ON COUNT II
This Adversary proceeding relates to the joint bankruptcy case filed by Bruce Barr and Paula Barr (collectively “Debtors” or the “Barrs”), under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101 et seq.
The plaintiffs, Dr. Keith Rezin and Sue Rezin (collectively “Plaintiffs” or “the Rez-ins”), allege that they ho...
Views: 0
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