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All Reporters → br → Volume 354

Opinions in br Volume 354

MEMORANDUM OF DECISION This is an appeal from an order of Chief United States Bankruptcy Judge Albert S. Dabrowski confirming the debtor’s Chapter 11 reorganization plan. Both the debtor, Milford Connecticut Associates (hereinafter “the debtor”) and its secured creditor, Mercury Capital Corporation (hereinafter “Mercury”), submitted plans for reorganization. After a hearing, the Bankr...
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MEMORANDUM AND ORDER GRANTING TRUSTEE’S MOTION FOR AUTHORITY TO COMPROMISE CLAIMS The matters before the court are (a) that certain Motion for Authority To Compromise Claims (Case Doc. I.D. No. 96, the “Motion To Compromise”) 1 filed by the chapter 7 trustee (the “Trustee”) and (b) that certain Objection of Republic Credit Corporation I to Trustee’s Motion for Authority To ...
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DECISION & ORDER This ease presents interesting issues regarding the allowance of claims filed by the spouse of a deceased debtor and by the law firm which represented the spouse in her capacity as executrix of the decedent’s estate. John R. Schuler was the president and sole stockholder of John R. Schuler, Inc., a corporation engaged in the construction business. John R. Schuler...
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MEMORANDUM DECISION STAYING LITIGATION Calpine Corporation (“Calpine”) and several of its affiliates (together with Cal-pine, the “Debtors”) seek entry of an order for an extension of the automatic stay to the prosecution of an action pending in the District of Nevada, Nevada Power Company v. Calpine Corporation, Moapa Energy Center, LLC, Fireman’s Insurance Company, and Does I-X, ...
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OPINION AND ORDER DENYING PLAINTIFFS’ REQUEST FOR AN ORDER MODIFYING THE PLAN INJUNCTION AND GRANTING DEFENDANTS’ MOTION TO DISMISS Before the Court are two motions. First, on August 30, 2006, Bieo Stupakoff and Russell James (collectively the “Plaintiffs”) filed the Motion to Modify Plan Injunction for Limited Purpose of Filing Claims in Illinois Litigation Pending Adjudication of Va...
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MEMORANDUM OPINION I. INTRODUCTION In this chapter 13 bankruptcy case, the holder of the mortgage on the Debtor’s residential real estate filed a proof of claim asserting the existence of a prepetition delinquency of $18,102.58 on the mortgage. The Debtor objects to certain components of the lender’s claim for prepetition arrears. Specifically, the Debtor challenges the l...
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MEMORANDUM OPINION The matter currently before the Court involves the Motion to Alter or Amend Judgment Pursuant to Bankruptcy Rules 8002(b) and 7052 filed by the Debtor/Plaintiff, John A. Kartman (“Kartman”). The Motion requests this Court to “alter or amend” its oral findings of fact and conclusions of law set forth on the record following the trial on the Debtor’s ...
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MEMORANDUM OPINION 1 Before the court is a motion by the Official Committee of Unsecured Creditors (“Turnover Motion”) 2 seeking entry of an order pursuant to §§ 503, 541, 542, and 105 of the Bankruptcy Code directing that Transaction Bonuses 3 provided by a secured creditor be turned over to Debt- or’s estate or, in the alternative, disallowing or prohibiting payment of the bonuses pursu...
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ORDER DENYING REMOVAL OF CHAPTER 7 TRUSTEE AND DENYING OTHER REQUESTED RELIEF This matter is before the Court on Larry Nettles’ (“Mr.Nettles”) Motion To find out who is in charge of J.P.N. Trust, *92 MBN Trust and Replace Bob Anderson as Trustee (“Motion”). Both Robert F. Anderson (“Trustee”) and Mr. Nettles appeared at the hearing on the Motion. The trustee was represented by counsel. ...
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ORDER DENYING WAIVER OF CREDIT COUNSELING AND DISMISSING CASE Mark McBride filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code on August 29, 2006. A request to waive the credit counseling requirement of 11 U.S.C. § 109(h)(1) 1 accompanied the petition. The request is grounded generally on § 109(h) and makes no reference to a particular subsection. As the basis for wa...
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MEMORANDUM OPINION Martin P. Sheehan, the Chapter 7 trustee (the “Trustee”) for Eugene and Debra Brown (the “Debtors”), seeks court approval to release the Debtors’ pre-petition cause of action against Ameriquest Mortgage Company (“Ameriquest”) to the Debtors in exchange for a payment of $40,000. Ameriquest objects to the Trustee’s proposed course of action on the grounds that the cau...
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MEMORANDUM OPINION The court today must rule on the compensation of professionals in these cases. Before the court are the final applications for compensation and reimbursement of expenses (each an “Application” made by an “Applicant”) filed on behalf of professionals retained by Debtors, the Official Creditors’ Committee for Mirant Corporation (“Mirant” and the “Corp Committee”), the...
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ORDER GRANTING SECURED CREDITORS’ MOTION TO ANNUL STAY THIS CORE PROCEEDING 1 comes before the Court on Accredited Home Lenders, Inc.’s, and Mortgage Electronic Registration Systems, Inc.’s, (collectively, “Secured Creditors”) Motion for Relief From Stay, under Federal Rule of Bankruptcy Procedure 4001 and 11 U.S.C. § 362(d), to allow them to seek confirmation by the Livingston Circuit Court ...
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OPINION RE: DEBTORS’MOTION TO USE INSURANCE PROCEEDS Allan and Karen Van Stelle filed a petition for relief under Chapter 13 of the Bankruptcy Code on September 27, 2005. 1 Debtors owned a 2004 Chevrolet Malibu when they filed their petition. Debtors had financed the purchase of the Malibu through Chase Automotive Finance (“Chase Automotive”). Debtors’ acknowledged in their...
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MEMORANDUM This adversary proceeding is before the court on a complaint by the plaintiff, Ar-men Joel Demerdjian, to determine the dischargeability of a debt allegedly owed to him by the defendant, Christian Deven Thompson, arising out of the plaintiffs purchase of a massage school business from the defendant. The issues for decision are (1) whether the defendant owes a debt to the pl...
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MEMORANDUM OPINION on “Motion to Dismiss Amended Adversary Proceeding Against Sheila Hamilton and Jonathan Kennett for Lack of Personal Jurisdiction, Forum Non Conveniens and Failure to State a Claim Pursuant to Rule 7012(b) of the Federal Rules of Bankruptcy Procedure” Pursuant to Federal Rule of Bankruptcy Procedure 7012(b) and Federal Rule of Civil Procedure 12(b)(2) and (b)(6), two ci...
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MEMORANDUM OPINION ON TRUSTEE’S APPLICATION FOR ENTRY OF FINAL ORDERS AND DECREES CLOSING CHAPTER 11 CASES Sandra A. Reese, is trustee (the “Trustee”) of the Xpedior Creditor Trust, a trust established in these Chapter 11 Bankruptcy cases by Plan confirmation. Pursuant to 11 U.S.C. § 350(a), Fed. R. Bankr.P. 3022 and Local Bankruptcy Rule 3022-1 she has applied for entry of a final or...
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OPINION This matter is before the Court on Motion of Robert Allen Fetter (“Debtor”) to Dismiss this adversary proceeding and the Response thereto of John L. Swartz, Trustee (“Trustee”). This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(E). On July 12, 2005, Debtor filed his voluntary Chapter 7 p...
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OPINION This matter came before the Court for trial on confirmation of the Second Amended Chapter 13 Plan (“Plan”) filed on May 31, 2006 by Dennis P. McCormick and Marcia McCormick (sometimes hereinafter “Debtors”). Confirmation is opposed by U.S. Bank, a secured creditor. This case and the proposed Plan raise interesting issues regarding the use of a secured creditor’s cash collateral to...
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ORDER DENYING DEBTOR’S MOTION FOR CONFIRMATION OF CHAPTER 13 PLAN The trustee has delayed the meeting of creditors and the recommendation regarding confirmation in this matter because the debtor has not yet filed her 2005 tax returns as required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). The debtor demands confirmation, arguing that section 1308 of ...
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MEMORANDUM OPINION In this adversary proceeding, Plaintiff Roxanne Janette Poe (“Debtor”) seeks a determination, pursuant to 11 U.S.C. § 523(a)(8), that her student loan debt, owed to Defendant Educational Credit Management Corporation (“ECMC” or “Defendant”) should be discharged for the reason that accepting the debts from discharge would impose upon her an undue hardship. This is a core pro...
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MEMORANDUM OF DECISION Chapter 13 Debtors Edward Schweizer and Cynthia Bennett, husband and wife, seek confirmation of their proposed Chapter 13 plan. Creditor Black Hawke Construction Lending, LLC, objects to confirmation of the plan and asks the Court for stay relief to foreclose its mortgage on Debtors’ house because the plan does not treat its claim as secured. Debtors contend they ef...
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ORDER ON FEES James Lisowski is the trustee in this chapter 7 case and his firm, Lisowski Law Firm, Chtd. also serves as attorney for the trustee. The Lisowski firm has filed a fee application requesting $24,835 for attorney’s fees and $419.43 as costs. The debtors have objected. 1 The court requested that Lisowski supplement the record by filing his trustee billing statements....
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*304 MEMORANDUM OF DECISION This matter came before the court on the defendants’ motions for summary judgment in their favor on former Hance-ville Police Chief Edward Lee Potter’s complaint accusing them of illegally discriminating against him because of his bankruptcy. The court has reviewed the record of the hearing and the submissions of the parties in the context of applicable law. It f...
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ORDER This Chapter 7 case involves the Court’s authority to surcharge a debtor’s exemptions. Proeedurally, it is before the Court on the Trustee’s objections to debtors’ claims of exemption and the Trustee’s request to surcharge the claims of exemptions (Docket Entry No. 222), as amended on August 7, 2006 (Docket Entry No. 255). Debtors did not file any written response and are appearing pro...
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MEMORANDUM AND ORDER I. INTRODUCTION This is an appeal, brought under 28 U.S.C. § 158(a)(1), from an order entered by the Bankruptcy Court for the District of Massachusetts against Ameriquest Mortgage Company (“Ameriquest”) assessing damages for violations of the Real Estate Settlement Procedures Act, the Massachusetts Consumer Protection Act, and the Massachusetts implied covena...
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MEMORANDUM OPINION Before the Court is the Chapter 13 Trustee’s objection to the confirmation of *342 the Debtors’ above median plan. The Trustee argues that several of the Debtors’ claimed expense deductions from disposable income should not be allowed and that the plan fails to satisfy section 1325(b) 1 in that it does not devote all available disposable inco...
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MEMORANDUM DECISION DENYING ADMINISTRATIVE EXPENSE CLAIMS Stuart C. Fisher (“Fisher”), a creditor of the debtor, requests this Court grant him an administrative expense in the total amount of $101,265.95 pursuant to sections 503(b)(1)(A), (3)(d) and/or (4) of the Bankruptcy Code (the “Code”). Fisher alleges that he advanced $20,500 to the Debtor’s professionals as well as $50,000 to s...
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OPINION 1 Before the Court are the joint Motions of Stephen G. Dent (“Dent”) and Dent and Company, Inc., (collectively, the “Defendants”) for partial dismissal of the complaints against them and for an extension of time to answer the remainder of the amended complaints and the Motion of Jeoffrey L. Burtch, the chapter 7 trustee (the “Trustee”), for consolidation of the adve...
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MEMORANDUM OPINION AND ORDER Trial was held on November 13, 2006, on plaintiffs complaint to determine the validity, priority, or extent of a lien under a consignment held by defendant Suna Bros. Inc. The issue is whether Suna’s financing statement was seriously misleading because it was not filed under the correct name of the debtor. For the reasons set forth below, the court finds t...
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MEMORANDUM OPINION AND ORDER The Court tried this adversary proceeding (the “Adversary”) over 8 days, commencing on August 14, 2006 and concluding on September 14, 2006. At the conclusion of the trial, the Court asked the parties to file revised proposed findings of fact and conclusions of law (the “Revised Findings”) in light of the actual evidentiary record made at trial. Due to oth...
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MEMORANDUM OPINION AND ORDER Before the Court are two motions for summary judgment. Plaintiff Dennis S. Faulkner, the Chapter 11 trustee of the estate of The Heritage Organization, L.L.C. (“Heritage”), has filed his motion for partial summary judgment (the “Trustee’s Motion”) and Defendant Mikron Industries, Inc. (“Mikron”) has filed its cross-motion for summary judgment (“Mi-kron’s Motio...
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MEMORANDUM OPINION The Court held a trial on the merits in the above adversary proceeding on May 23-24, 2006. This is core proceeding under 28 U.S.C. § 157(b)(2) as it is the determination of whether the Debtor is a responsible person of Artec, Ltd., a Texas Limited Partnership under 26 U.S.C. § 6672. The Court has the jurisdiction to enter a final order in this matter pursuant to 28 ...
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MEMORANDUM OPINION ON THE MOTION OF THE UNITED STATES TRUSTEE TO DISMISS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. § 707(b)(2) I. INTRODUCTION LeManda and Jeffrey Singletary (the Debtors) filed a Chapter 7 petition on February 1, 2006 indicating that the presumption of abuse did not arise based on their belief that they had sufficient deductions to their current monthly income under 11 U....
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MEMORANDUM OPINION ON DEBTOR’S SUPPLEMENTAL MOTION TO DISMISS FIRST AMENDED COMPLAINT OBJECTING TO DISCHARGE PURSUANT TO 11 U.S.C. §§ 523 AND 727 I. INTRODUCTION William Kilroy (Kilroy) filed a Chapter 7 petition on October 13, 2005. On April 6, 2006, T. Layng Guerriero (Guerriero), a former business partner of Kilroy in various ventures, filed a Complaint Objecting to Discharge unde...
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*501 DECISION AND ORDER This cause is before the Court after a Hearing on the Defendant’s Motion to Dismiss Adversary Complaint. The Court has now had the opportunity to consider the arguments raised by the Parties at the Hearing, together with those arguments submitted by the Parties in writing to the Court. Based upon this review, the Court, for the reasons explained in thi...
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MEMORANDUM ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN This contested matter is before the court on the Objection to Confirmation filed by EMC Mortgage Corporation (EMC Mortgage) on July 25, 2006, objecting to confirmation of the Debtor’s proposed Chapter 13 plan filed on June 20, 2006. A preliminary hearing was held on August 30, 2006, and a trial was set for October 11, 2006. Fo...
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This is an appeal of Man Financial, Inc. (“Man”) from the final order of the United States Bankruptcy Court for the District of Minnesota entered on March 15, 2006, remanding this removed action to the District Court of the State of Minnesota for Hennepin County (the “State Court”). We reverse and remand, with instructions to transfer this action to the United States Bankruptcy Court for the Sout...
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ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION AND TO DEBTORS’ EXEMPTION OF PER CAPITA INCOME, DENYING MOTION FOR TURNOVER, WITHOUT PREJUDICE, AND CONTINUING MOTION TO DISMISS AND TO CONVERT This matter is before the Court on the Trustee’s Motion for Turnover, 1 the Trustee’s Objection to Confirmation, 2 the Trustee’s Motion to Dismiss, 3 the Trustee...
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MEMORANDUM OPINION The life of the bankrupt debtor is not an easy one. Almost by definition, one who seeks the protection of this Court does so in the face of a financial crisis. Oftentimes the bankruptcy system is the last, best, and only hope for such a debtor. When a debtor hires counsel to assist him or her, the debtor has the right (as does any client) to expect undivided loyalty. In addit...
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MEMORANDUM AND ORDER ON APPEAL FROM BANKRUPTCY COURT This is an appeal from an order of the United States Bankruptcy Court confirming that proceeds from the sale of debtor’s home are exempt from appellant’s pre-petition debt. Debtor Maurice F. Cunningham claimed a homestead exemption under Massachusetts law in his home in North Andover, Massachusetts. He then filed for bankruptcy...
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ORDER ON MOTION OF EUREKA BROADBAND CORPORATION TO DISMISS DEBTOR’S PETITION AND OBJECTION TO CONFIRMATION This matter came before the Court for an evidentiary hearing on the Motion of *559 Eureka Broadband Corporation to Dismiss Debtor’s Petition [# 78], to which the Debtor objected [# 98], and Eureka’s Objection to Confirmation of Debtor’s First Amended Chapter 13 Plan [# 77]. The following...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the Limited Objection to the Chapter 7 Trustee’s Final Report and Account before Distribution, Request for Compensation and Report on Claims/Proposed Distribution (the “Final Report”). Carl D. Aframe (“Attorney Aframe”), the Debtor’s attorney, holds a Chapter 13 administrative expense claim arising out of the approval on February 28, 2...
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MEMORANDUM I. INTRODUCTION The matters before the Court are Counts VII and VIII with respect the Complaint filed by Lynne F. Riley, Chapter 7 Trustee of the Estate of Jane A. Tougas, the Debtor. Through these Counts, the Trustee seeks denial of the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(3) and (a)(6), for the Debtor’s alleged refusal and failure to produce documents pu...
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MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter came before the Court for hearing on the Plaintiffs Motion for Summary Judgment [# 22] and the Debtor’s Opposition thereto [# 27]. The Plaintiff, a subcontractor who performed work for the Debtor, seeks a declaration that its claim against the Debtor is nondischargeable under 11 U.S.C. § 524 based on a default j...
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MEMORANDUM OPINION Before the Court is the Debtors’ complaint seeking an undue hardship discharge of their student loans pursuant to section 523(a)(8). 1 The Court held a trial on August 17, 2006, at which Mrs. Neal testified under oath. At the close of the trial, the Court took the matter under advisement and asked the New Hampshire Higher Education Assistance Foundation (...
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DECISION AND ORDER Appellant Mortgage Electronic Registration Systems, Inc. and Wells Fargo Bank, N.A. (“MERS”) appeal from a Bankruptcy Judge’s decision in a Chapter 13 bankruptcy proceeding to deny a motion to compel an otherwise applicable arbitration clause. 1 This case squarely presents an unresolved question concerning the enforceability of arbitration agreements in t...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Under consideration by the Court is confirmation of the Chapter 13 Plan, originally filed on October 27, 2005, by Jeffrey L. Williams (“Debtor”) and subsequently amended on March 7, 2006. On March 7, 2006, an objection was filed by the chapter 13 trustee, Mark W. Swimelar, Esq. (“Trustee”) concerning the feasibility of th...
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MEMORANDUM DECISION AND ORDER Before the Court is a dispute between two creditors of the debtor as to the priority of their interests in proceeds arising from the sale of property with each creditor asserting a first priority in a portion of the sale proceeds. In determining this issue, the Court needs to address, among other things, the relative priority of a judgment creditor who docket...
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DECISION AND ORDER VACATING AUTOMATIC STAY AND DENYING STAY PENDING APPEAL Before the Court is a motion by Yael Bar-Shov (“Secured Creditor”), seeking relief from the automatic stay to proceed with a mortgage foreclosure on certain real property owned by Mark Uvaydov, the Debtor herein (“Motion”). The Debtor opposes the Motion and in apparent anticipation of the Motion being granted, he inclu...
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MEMORANDUM DECISION (Re: Defendants’ Motion to Vacate Order Granting Summary Judgment) Before the Court is the Defendants’ motion to vacate and reconsider the Order and Judgment, entered on June 24, 2002 (the “Order”), which granted summary judgment in favor of the Plaintiff-Debtor. For the reasons that follow, the Court grants the Defendants’ motion to vacate and reconsider the Order but...
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DECISION This matter comes before the Court on the Court’s order directing Doris Ginsberg (the “Debtor”) to show cause why her case should not be dismissed for failure to comply with the credit counseling requirement imposed by Section 109(h)(1) of the Bankruptcy Code (the “credit counseling requirement”). 1 For the reasons set forth below, the Debtor’s case is dismissed. ...
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DECISION & ORDER In this chapter 7 proceeding, the debtor has moved for reconsideration of a prior order dismissing this case for failure to file payment advices as required under 11 U.S.C. § 521(a)(l)(B)(iv). For the reasons stated herein, the motion to reconsider is granted, and upon reconsideration, the order of dismissal is vacated. Section 521(a)(l)(B)(iv) of the Bankruptcy ...
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DECISION AND ORDER In this motion, a creditor seeks reconsideration of an order which avoided the lien of her judgment as against the homestead of the debtors. The central issue is not the outcome upon reconsideration, but whether reconsideration is appropriate under Bankruptcy Rule 9024 and Rule 60 of the Federal Rules of Civil Procedure. On June 28, 1996, Gail Ann Wiatr obtained a judgment ...
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OPINION AND ORDER The appellant, Taunton Municipal Lighting Plant (“Taunton”), appeals from an *654 order of the United States Bankruptcy Court for the Southern District of New York (Arthur J. Gonzalez, J.) disallowing and expunging Taunton’s proof of claim filed against the debtors/appellees, Enron Corporation and certain of its affiliates (collectively “Enron”). The Ban...
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DECISION ON MOTION TO ENFORCE TERMS OF CONFIRMATION ORDER AND CHAPTER 11 PLAN AND CLASSIFY PROOFS OF CLAIM In this contested matter, reorganized chapter 11 debtors, Indesco International, Inc. (“Indesco”), its affiliate AFA Products, Inc. (“AFA”), and Continental Sprayers International, Inc. (the “Debtors”), seek to enforce the classification of the claims of Merit Abrasive Products, Inc. (“Mer...
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DECISION AND ORDER ON MOTION TO EXPUNGE CLAIM In this contested matter in a case under Chapter 7 of the Bankruptcy Code, debtor Charles Moore (the “Debtor”) moves to expunge, under Bankruptcy Code section 502(b)(1), the claim filed by Cadies of Grassy Meadows II, LLC (“Cadies”). The Cadies claim rests on a judgment that was entered against the Debtor 14 years ago, and that Cadies acqu...
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MEMORANDUM DECISION ON REMAND FROM THE COURT OF APPEALS FOR THE SECOND CIRCUIT The Court of Appeals for the Second Circuit, in Millennium, II, 1 remanded certain issues to this Court relating to the propriety of continuing in effect an anti-suit injunction entered over four years ago. The questions presented require, among other things: (i) application to this case...
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MEMORANDUM OF DECISION GRANTING TRUSTEE’S MOTION TO VACATE ORDER GRANTING DEBTOR’S APPLICATION FOR WAIVER OF CHAPTER 7 FILING FEE A limited in forma pauperis provision took effect in the bankruptcy courts on October 17, 2005, pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). See Pub.L. 109-8, 119 Stat. 23 (2005). The relevant statute establishes a...
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AMENDED MEMORANDUM OPINION 1. INTRODUCTION On June 2, 2000, debtor Stone & Webster, Inc. (“debtor”) 1 filed a voluntary petition for relief under chapter 11, title 11 of the United States Code. On October 18, 2001, plaintiff Saudi American Bank (“SAMBA”) filed an adversary action against defendants Shaw Group, Inc. (“Shaw”), SWINC Acquisition Three, Inc. and SWE...
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OPINION Mystic Tank Lines Corp. (“the Debtor”) seeks expunction of a claim held by TMW *696 Systems, Inc. (“TMW”) arising out of a software license agreement. The Debtor asserts that it was not afforded the opportunity to inspect and evaluate the software pursuant to Article Two of the Uniform Commercial Code (“U.C.C.”) and, alternatively, that the Debtor properly revoked...
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MEMORANDUM AND ORDER Appellant-debtor BWP Gas appeals from the bankruptcy court’s discretionary abstention from an adversary proceeding and subsequent order to “transfer” the proceeding to a state court. Because the bankruptcy court has no power — statutory or inherent — to send a proceeding to a state court from whence it never came, the transfer order is vacated and the proceeding i...
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MEMORANDUM OPINION I. A bankruptcy discharge is a powerful legal right. In the right circumstances, it provides an opportunity for an unfortunate debtor to climb up and out of the depth of debt to start life anew without the albatross of financial stress. The discharge is the culmination of a successful bankruptcy case. The exercise of this legal right comes with certain responsi...
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354 B.R. 720 (2006) In re Dudley F. DeSHAZO, Debtor. Dudley F. DeShazo, Plaintiff v. Timothy Heffernan, Defendant. Bankruptcy No. 06-10675, Adversary No. 06-0218. United States Bankruptcy Court, E.D. Pennsylvania. November 16, 2006. *721 *722 William D. Schroeder, Jr., Colmar, PA, Edward J. Carreiro, Jr., Colmar, PA, for Plaintiff. Michael Seth Schwartz, Philadelphia, PA, for Timothy Heffernan. ...
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Opinion Introduction Before the Court are a number of motions related to Plaintiffs Complaint for Declaratory Relief. That Complaint seeks a determination that the real estate listed in his Bankruptcy Schedule A is his property.1 Defendant disputes that claim and has filed a Motion for Summary Judgment. After Plaintiff filed a reply to that motion, Defendant amended it to add a request for dism...
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MEMORANDUM OPINION REGARDING THE DEBTOR’S MOTION TO REINSTATE THE AUTOMATIC STAY The matter before the Court is the above captioned debtor’s Motion to Reinstate Automatic Stay. For the reasons set forth more fully below, the Court will enter an order which denies the relief requested by the debtor. I. Background On April 19, 2006 this Court entered an Order Granting Conditional Relief F...
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MEMORANDUM OPINION The Debtor, Buffalo Molded Plastics, Inc. d/b/a Andover Industries (“Buffalo Molded”) filed the within adversary against Defendants Comerica Bank (“Com-erica”) and Plastic Mold Technology, Inc. (“PMT”) seeking an order distributing certain, escrowed funds held by its counsel as a result of prior court Order. Currently before the Court is the Joint Motion for S...
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ORDER OVERRULING DEBTOR’S OBJECTION TO CLAIM THIS MATTER is before the Court on David Pricer Spencer’s and Patricia Kig-gins Spencer’s (“Debtors”) Objection to Proof of Claim (“Objection”) filed by Countrywide Home Loans, Inc (“Countrywide”). Both Countrywide and Debtors attended the hearing held on the Objection on August 17, 2006. Debtors do not dispute that they received funds from Cou...
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ORDER DENYING MOTION TO CONVERT TO CHAPTER 13 THIS MATTER is before the Court on the motion of Doris Anderson to convert this Chapter 7 case to one under Chapter 13 of the Bankruptcy Code. A previous conversion occurred in the case. Findings of Fact 1.Willie Anderson and Doris Anderson were husband and wife. They filed a joint, voluntary petition for relief under Chapter 13 of the Bankrup...
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ORDER DETERMINING § 362(b)(4) STATUS OF SOUTH CAROLINA SUPREME COURT AND OFFICE OF DISCIPLINARY COUNSEL THIS MATTER is before the Court on motion of The Supreme Court of the State of South Carolina (“South Carolina Supreme Court”) and The Office of Disciplinary Counsel, Henry B. Richardson, Jr., Disciplinary Counsel (“ODC”) for determination of status under 11 U.S.C. § 362(b)(4) 1 ...
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MEMORANDUM OPINION When Tijuana Plascencia (then known as Tijuana Robinson) purchased a house in 1998 constructed by the charitable organization Loudoun Habitat for Humanity (“Loudoun Habitat”), a “deed of right to repurchase” was recorded giving Habitat the right for 20 years to repurchase the property at the original sales price plus a modest annual increase for appreciation. Ms. Plasce...
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DECISION AND ORDER At Roanoke in said District this 8th day of November, 2006: The matter before the court arises as a result of the objection to debtors’ claim of homestead exemption by George A. McLean, Jr., Trustee (herein the Trustee). The issue for decision is whether the debtors complied with the requirements of Code of Virginia, § 34-17. 1 For the reasons stated in this decision and ...
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DECISION & ORDER At Roanoke in said District this 16th day of November, 2006: Before the Court is the United States Trustee’s (herein “Trustee”) Motion to Dismiss the Chapter 7 petition of the above-styled debtors (herein “Smiths”) for substantial abuse of the provisions of Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”). The matter was heard on September 12, ...
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MEMORANDUM OPINION AND ORDER Before the court is an appeal by Jack C. Wallace (“Wallace,” “the creditor,” or “the appellant”) from a final order in the United States Bankruptcy Court for the Northern District of Texas. The appellant challenges the bankruptcy court’s decision not to apply the restriction of 11 U.S.C. § 522(p) to the debtor’s homestead. For the reasons stated below, the order o...
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MEMORANDUM OPINION AND ORDER On September 26, 2006, a hearing was held on the motion for partial summary judgment filed by plaintiff LVR Carpet Center, Inc. (“LVR Carpet”). Defendant Carolyn Ann Coley (“Coley”) filed her response in opposition to the motion. Federal Rule of Civil Procedure 56(c) provides that summary judgment is proper when the “pleadings, depositions, answers to interrogat...
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MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART MOTION FOR FINAL SUMMARY JUDGMENT I. INTRODUCTION Before this court is the Motion for Final Summary Judgment (the “Summary Judgment Motion”) of The Cadle Company (“Cadle”) on Objection to Discharge of Debtor James Randell Hughes and Brief in Support Thereof and Defendant’s Response to Plaintiffs Motion for Final...
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MEMORANDUM OPINION On October 25, 2006, trial was held on the complaint of LVR Carpet Center, Inc. (“LVR Carpet”) asserting that its claim against Carolyn Ann Coley, the defendant and debtor, should be declared nondis-chargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4), and/or (a)(6). The Court has juris *815 diction over this matter under 28 U.S.C. § 1334(b); this is a core proceeding pursua...
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MEMORANDUM OPINION REGARDING COMPLAINT OBJECTING TO DISCHARGE OF DEBT Before the Court is the complaint of Anna Lorraine Williford McCrey objecting to the discharge of a debt owed by debtor to her. This Court has jurisdiction of this proceeding pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding. I. Facts McCrey and debtor met at a casino in Lake Charles, Louisiana in April 200...
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MEMORANDUM OPINION AND ORDER FOR RELIEF FROM COMPLIANCE On May 27, 2006, Thomas Guidry filed a petition for chapter 13 bankruptcy. On May 30, 2006, this Court issued an initial order in this case. The Court issues this initial order separately in every chapter 13 case, pursuant to the procedures for administration of chapter 13 bankruptcy cases in the Southern District of Texas. The initi...
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OPINION Debtors appeal an order denying confirmation of their chapter 13 plans and dismissing their case. I. ISSUES ON APPEAL Whether the Debtors’ proposed Chapter 13 plan, prior to amendment, unfairly discriminated between joint and individual creditors even though the only property available for distribution in a hypothetical Chapter 7 case would be property held as tenants by the entiret...
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OPINION This is an appeal from an order in a bankruptcy case denying a state’s motion to dismiss on the basis of sovereign immunity. *841 I. Quality Stores, Inc. (“Quality”) operated a retail store in Vermont. On October 20, 2001, creditors of Quality filed an involuntary petition for bankruptcy relief against Quality in this Court. Quality closed its retail store i...
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DECISION The doctrine of res judicata — often referred to in modern terminology as “claim preclusion” — has influenced the outcome of countless bankruptcy decisions in the past and, undoubtedly, will continue to do so in the future. When res judicata applies, it forecloses relitigation of claims which were either decided or could have been decided *845 in prior litigation. The case at bar...
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ORDER On February 22, 2006, Gill and Katie Bonnett filed a voluntary petition for relief under the provisions of Chapter 13 of the United States Bankruptcy Code. On June 1, 2006, the Trustee timely filed an objection to a claim of $2,282.32 filed by the Crossett Paper Mills Employees Federal Credit Union (Credit Union). The Trustee only objected to the secured status of the claim, not...
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ORDER Before the Court is the Trustee’s Motion for Turnover of Unscheduled Assets, filed *852 on January 13, 2006, Trustee’s Amended Motion for Turnover of Unscheduled Assets, filed on February 8, 2006, and Trustee’s Objection to Debtors’ Amended Exemptions and Motion for Turnover of Property filed on July 19, 2006. The Court held a hearing on the motions on September 28, 200...
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AMENDED ORDER Comes now the Court, sua sponte, pursuant to Federal Rule of Bankruptcy Procedure 9024 and issues this corrected Order as a substitute for the Order entered in error on October 23, 2006. On June 27, 2005, Rodney Cameron Beene and Jacquelyn Suzanne Beene (“Debtors”) filed a voluntary petition for relief under the provisions of Chapter 7 of the United States Bankruptc...
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ORDER RE: COMPLAINT TO DETERMINE PRIORITY OF MORTGAGES This matter came before the undersigned for trial on August 2, 2006 on Debt- or’s Complaint to Determine Priority of Mortgages. Thomas G. McCuskey appeared for Debtor/Plaintiff Mary L. Van-tiger-Witte. Randall L. Jackson appeared for Defendant Mortgage Electronic Registration Systems. Assistant U.S. Attorney Martin McLaughlin appeared...
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DECISION RE: DETERMINATION OF DISCHARGEABILITY American National Bank (Bank) asks the court to determine that its claim against Alicia Dalcourt is excepted from discharge. Trial was held September 20, *870 2006 in Sioux City. David J. Koukol appeared as attorney for Bank. Martha McMinn appeared as attorney for Dalc-ourt. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I). Stipulation...
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ORDER RE: COMPLAINT This matter came before the undersigned for trial on October 12, 2006. Debtors/Plaintiffs Patrick and Cerina Wade were represented by attorney Thomas Fiegen. Defendant Solon State Bank was represented by attorneys Ray Terpstra and Natalie Ditmars. After the presentation of evidence and argument, the Court took the matter under advisement. The time for filing briefs has...
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ORDER RE: COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT This matter came before the undersigned for trial on Octoberll, 2006. Plaintiff Lisa Ahlf was represented by attorney Bruce Buckrop. Debtor/Defendant Jonathon Ahlf was represented by attorney David Millage. After the presentation of evidence and argument, the Court took the matter under advisement. This is a core proceeding pursuant to 2...
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MEMORANDUM AND ORDER This matter is before the Court on an appeal by the Pension Benefit Guaranty Corporation of an October 26, 2005 Order and Findings of Fact and Conclusions of Law (collectively the “Order”) 1 of the United States Bankruptcy Court for the Eastern District of Missouri (1) determining that the financial requirements for a distress termination of the debtors...
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ORDER This case is before the Court on Trustee’s objection to Chana Rosen’s (the Debtor) claim of exemption of a trust in which she is the beneficiary, (the “Trust”). Because the Trust property is not exempt from attachment or execution under Missouri law, the Court will sustain Trustee’s objection. The facts of the case are undisputed. Debtor’s mother established the Trust in her will date...
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MEMORANDUM OPINION Before the court in this adversary proceeding is a motion for new trial or amendment of an order, filed by Tanna Latisha Suggs (“Debtor”). The order from which Debtor seeks relief was entered by this Court on October 6, 2006 (“Order”), in conjunction with the motion to dismiss filed by Regency Financial Corp. (“Regency”) and Debtor’s motion for summary judgment. Thi...
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Dear Counsel: The matter before the Court is the Section 506(b) Motion for Allowance of Prepayment Charge filed by First Dakota National Bank. This is a core proceeding under 28 U.S.C. § 157(b)(2). This letter decision and accompanying order shall *915 constitute the Court’s findings and conclusions under Fed.Rs.Bankr.P. 7052 and 9014(c). As discussed below, First D...
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