Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → br → Volume 359

Opinions in br Volume 359

MEMORANDUM I. INTRODUCTION The matter before the Court is the “Chapter 7 Trustee’s Second Set of Objections to Claims” (the “Objection to Claims”). Mark G. DeGiacomo, the Chapter 7 Trustee (the “Trustee”) of the debtors, Jeffrey L. Allen (“Allen”) and Rita M. Allen (collectively, the “Debtors”) objects to the amended priority proof of claim filed by Allen on March 27, 2006 asserting ...
Views: 0
MEMORANDUM OF DECISION I. Introduction The matters before the Court are the motions for summary judgment which both parties have filed. The Defendants, Aetan and Stella Mataev (collectively “the Ma-taevs” or individually “Aetan” and “Stella”), seek summary judgment in the two proceedings which Plaintiff, Serguei Dre-liouch (“Dreliouch”), has filed against them. The first action is this adve...
Views: 0
MEMORANDUM OPINION I. INTRODUCTION Phoebe Morse, United States Trustee (the “Trustee”), filed a motion to dismiss this bankruptcy case pursuant to § 707(b)(2) or § 707(b)(3) of the Bankruptcy Code (Doc. No. 17) (the “Motion”). 1 Mark and Angela Hartwick (the “Debtors”) filed an objection to the Motion (Doc. No. 22). The Court held a hearing on the Motion on December 13...
Views: 0
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Under consideration by the Court is the complaint filed by Jill R. Brundege (“Plaintiff’) on a pro se basis on September 13, 2005. The Court interpreted the complaint as seeking relief pursuant to § 523(a)(5), § 523(a)(15) and § 727(a)(2) *25 and (4) of the U.S. Bankruptcy Code, 11 U.S.C. § 101-1330 (“Code”)....
Views: 1
DECISION This is an adversary proceeding to determine the dischargeability under 11 U.S.C. § 523(a)(6) of debts owed by Shai-hidi Ahmed, the debtor, to Yash Raj Films, (USA), Arelightz Films Pvt Ltd. and Enzo Pictures Ltd., based on judgments rendered in an action in the United States District Court for the Southern District of New York (the “District Court Action”). The plaintif...
Views: 0
OPINION AND ORDER Although the procedural posture of this complex multi-million dollar' case is far more complicated than the following statement thereof, the Court deems the matter before it to be this: Does a Chapter 7 Trustee get past a Rule 12(b)(1) Motion to Dismiss that is based on the governing Second Circuit case law of Wagoner and its progeny,1 simply by alleging that one or more speci...
Views: 0
BENCH DECISION 1 ON MOTION TO DESIGNATE VOTES OF CERTAIN CREDITORS IN THE CLASS OF ACC SENIOR NOTES In this contested matter in the chapter 11 cases of Adelphia Communications Corporation and its subsidiaries (the “Debtors”), I have before me the motion of a *56 group of holders of ACC Senior Notes (the “ACC Bondholders Group”) to designate 2 the votes i...
Views: 1
DECISION ON LOCAL FRANCHISING AUTHORITY ISSUES 1 In this contested matter in the jointly administered cases of Adelphia Communications Corporation and its subsidiaries, the Court has before it the executory contract assignment issues, under section 365 of the Code, associated with the Debtors’ contemplated transfer of their cable operations to affiliates of Comcast Corporation ...
Views: 3
MEMORANDUM OPINION 1 Before the Court is the Motion of The Shaw Group, Inc., and Shaw Environmental, Inc. (collectively, “Shaw”) seeking prejudgment interest on the judgment entered in its favor against Bechtel Jacobs Company, LLC (“Bechtel”). For the reasons set forth below, the Court will grant the Motion, in part. I. BACKGROUND Shaw provides various eng...
Views: 0
MEMORANDUM OPINION 1 Before the Court is the Motion of Acres of Diamonds, L.P. (“Acres”) for summary judgment. Also pending is the Motion in limine filed by Acres to exclude the plaintiffs expert valuation report and related testimony and the Motion of the IT Litigation Trust (the “Trust”) seeking disqualification of Acres’ expert witness. For the reasons set forth below, t...
Views: 0
Opinion Background. The above adversary action arises in the Chapter 11 Bankruptcy case of Stone & Webster, Inc., et al. (“Stone & Webster”) In its complaint the Plaintiff, the Shaw Group, Inc., (“Shaw”) seeks a declaratory judgment on a variety of issues, including 1) a determination as to the amount and rightful owner of a certain claim against Shaw, and 2) a declaration that upon payment o...
Views: 0
MEMORANDUM OPINION Brandon Clawson, the instant debtor (hereafter “the Debtor”), moves both to reopen his bankruptcy case and to then avoid a judicial lien of Cassady Pierce Company (hereafter “Cassady”), which lien the Debtor neglected to avoid before his case was initially closed. For the reasons set forth below, the Court denies both motions with prejudice. STATEMENT OF FACT...
Views: 0
MEMORANDUM OPINION When Emeline Wilson bought a parcel of real estate in August 2004, she signed three deeds of trust to secure money that had been advanced in connection with the purchase. One of those — -in favor of David L. and Vanessa M. Moir — was recorded approximately an hour before the deed by which she acquired title to the property. The other two — one in favor of 1 st Mariner B...
Views: 2
OPINION The chapter 7 trustee (“Appellant”) appeals an order of the bankruptcy court overruling his objection to the debtors’ claim of exemption. The bankruptcy court held that Shah M. Alam’s investment funds originating from a settlement of litigation against his disability insurance carrier were exempt in their entirety. For the reasons set forth below, we affirm the bankruptcy court’s ...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the motion of the Chapter 13 Trustee (Doc. # 39) to examine the transactions of the Debtors (“the Caises”) with their former attorney, Ginger Knight (“Ms. Knight”). The Court has received and reviewed the Caises’ verified statement detailing the transactions they had with Ms. Knight, as well as affidavits of Ms. Knight and her employee pa...
Views: 0
MEMORANDUM OPINION This matter has been submitted for decision on the Plaintiffs Motion for Summary Judgment and the Defendant’s Response. The Plaintiff commenced this action on February 6, 2006 by filing a Complaint to Determine Dischargeability of Debt pursuant to Bankruptcy Code sections 523(a)(2)(A) and (B) and 523(a)(6). The Defendant’s debt to the Plaintiff arises from his personal guaran...
Views: 0
AMENDED OPINION REGARDING OBJECTION TO CONFIRMATION BY DAIMLERCHRYSLER FINANCIAL SERVICES LLC This case requires the Court to decide the following question raised by the 2005 amendments to the Bankruptcy Code: Does the so-called “hanging paragraph” found at the end of 11 U.S.C. § 1325(a)(9) 1 permit a Chapter 13 debtor to surrender a vehicle to the secured creditor, as part of a Chapter 13 pl...
Views: 0
DECISION DENYING MOTION OF THE U.S. TRUSTEE TO DISMISS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. §§ 707(b)(2) AND/OR (b)(3) Background On July 3, 2006, the Debtors, Mark and Michelle Sorrell, filed a chapter 7 petition (Doc. 1). This chapter 7 case is subject to the provisions of Pub.L. No. 109-8, 119 Stat. 23, the Bankruptcy Abuse Prevention and Consumer Protection Act (the “2005 Act...
Views: 0
MEMORANDUM OPINION This matter comes before the court on the Motion of DDR MDT Midway Marketplace LLC (“DDR”) to Clarify this Court’s April 15, 2003 Order Authorizing Assumption and Assignment of Certain Property to Wal-Mart (the “Motion”). For the reasons set forth herein, the Motion is denied for lack of jurisdiction. BACKGROUND On January 22, 2002 (the “Petition Date”), K...
Views: 3
Memorandum Opinion This case is now before me on the plaintiff Trustee’s motion to strike certain paragraphs of the Defendant’s amended answer and to strike the Defendant’s jury demand on all remaining counts of the complaint. The pertinent facts are not in dispute. FACTS The Trustee filed a five-count complaint on December 29, 2004. Counts I and II alleged an actual fra...
Views: 0
MEMORANDUM OPINION ON OBJECTION TO CONFIRMATION This proceeding relates to the Chapter 13 bankruptcy case filed by Mona Morales (“Debtor”) on August 15, 2006. Wells Fargo Financial Acceptance, its successors and/or assigns (“Wells Fargo Financial”) is a creditor of the Debtor with respect to a certain indebtedness secured by a lien on a 2002 Saab 954 motor vehicle (the “Vehicle”). The Debtor ...
Views: 0
OPINION This matter is before the Court on the motion of the Defendant, Global Financial Credit, LLC (“Global”), to dismiss the Ad *220 versary Complaint for Violation of the Automatic Stay filed by Richard B. Dean and Brenda S. Dean (“Debtors”). Global asserts that the Complaint should be dismissed for the following reasons: (1) the Debtors’ claim for violation of the au...
Views: 0
DECISION ON MOTION TO REOPEN The debtor filed a petition for relief under Chapter 11 of the United States Bankruptcy Code on April 3, 2001. A proposed plan was confirmed on October 3, 2003. In the months following confirmation, proceedings in the case involved objections to a number of claims and some contempt proceedings, all of which were concluded by May 2005. Nothing further took ...
Views: 0
MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT The plaintiff, Dustin Elbing, filed an adversary proceeding under 11 U.S.C. § 523(a)(6) seeking a determination that potential obligations owed him by the debt- or, as yet unliquidated, are excepted from his discharge. The plaintiff moved for summary judgment on the grounds various statements, pleadings, and state court orders...
Views: 0
ORDER On October 8, 2005, Charles Preston Tyson, Sr., (“Debtor”), filed a voluntary petition for relief under the provisions of Chapter 13 of the United States Bankruptcy Code. The Debtor claimed a residence located at 4766 Highway 157, Judsonia, Arkansas, as a homestead pursuant to the Arkansas Constitution, Article 9, Sections 3 and 4. He valued the exemption at $371,000.00. No party in inter...
Views: 0
AMENDED OPINION Appellants are registrants under California’s statutory scheme defining the economic rights and liabilities of qualifying domestic partners. At the time their bankruptcy petitions were filed each owned an undivided interest in their home. Each claimed the full homestead exemption accorded to individuals by California law. The trustee objected to the exemptions, arguing that Cali...
Views: 0
MEMORANDUM DECISION I. PRELIMINARY STATEMENT This matter comes before the Court on Chapter 7 Trustee Lothar Goernitz’s (the *253“Trustee”) “Application for Order Directing Title Security Agency of Arizona dba Premier Title Group to Show Cause Why it Should not be Held in Contempt of Court” (“Application”), filed September 6, 2006. This Court issued the requested Order to Show Cause on September 8,...
Views: 70
MEMORANDUM DECISION INTRODUCTION AND THE LEGAL ISSUE The legal issue in each of the eight chapter 13 cases listed in the caption is the same, to wit: “What is the legal effect of the chapter 13 Trustee’s conditional objection to exemptions?” The short answer is that, once the Debtors’ chapter 13 plans were confirmed, as occurred in each of these cases, the terms of the confir...
Views: 0
MEMORANDUM AND ORDER DENYING MOTION FOR POST-PETITION ATTORNEYS’ FEES WITHOUT PREJUDICE Defendant Burlingame Capital Partners II, L.P. (“Burlingame”) seeks an award of post-petition attorneys’ fees and costs as part of its judgment in the above-captioned consolidated adversary proceedings. For the reasons stated below, the request will be denied without prejudice. The above-captioned adversary pr...
Views: 0
MEMORANDUM OF DECISION RE APPLICATION FOR APPROVAL OF COMPROMISE The application for approval of a proposed compromise between John T. Kendall (the “Kendall”), the interim chapter 7 trustee, and Burlingame Capital Partners II, L.P. and related individuals and entities (collectively “Burlingame”) came on for hearing on January 12, 2007. Appearances were stated on the record. At the conclus...
Views: 1
MEMORANDUM OF DECISION On September 27, 2006, chapter 11 debtor Taylor Quality Concrete, Inc. (“Debtor”) filed an Application to Employ Pike & Miller P.A. as its attorneys (“Application”) in this bankruptcy case. Docket No. 70. In the Application, Debtor requests that the employment be approved nunc pro tunc to February 8, 2006, the date the bankruptcy petition was filed. There is no dispute that...
Views: 0
MEMORANDUM OF DECISION The Plaintiff United States Trustee (“UST”) commenced this adversary proceeding requesting an order denying the chapter 7 1 debtor James Lowell Snod-grass (“Defendant”) a discharge pursuant to §§ 727(a)(2)(A), (a)(2)(B), and (a)(4)(A). Docket No. 1. The Court conducted a trial in the action on December 14, 2006 at which the parties appeared and presented ...
Views: 0
OPINION DENYING CONFIRMATION OF DEBTOR’S PLAN I. Introduction Donald Slusher, a carpenter, filed for chapter 13 bankruptcy protection on March 17, 2006. With his petition, Mr. Slusher filed his Schedules I & J, which contained statements of his current income and current expenditures. These showed monthly income and expenses of $3,739.82 and $1,285, respectively, for a monthly net in...
Views: 0
481 F.3d 404 Martin ALPERT and Carolyn Alpert, Plaintiffs-Appellants,v.UNITED STATES of America, Defendant-Appellee. No. 06-3415. United States Court of Appeals, Sixth Circuit. Argued: January 23, 2007. Decided and Filed: March 23, 2007. ARGUED: J. Scott Broome, Rotatori, Bender, Gragel, Stoper & Alexander, Cleveland, Ohio, for Appellants. Curtis C. Pett, United ...
Views: 0
MEMORANDUM DECISION RE: CLAIM OF ORIGEN FINANCIAL, LLC INTRODUCTION This controversy presents multiple issues regarding the interplay between the claims allowance process and the process of confirming and administering a Chapter 13 plan. Convoluted facts often give rise to complicated issues of law which is the situation in this case. FACTS On February 21, 2003, the debtors commenced a Chapte...
Views: 0
MEMORANDUM AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S PLAN Following oral argument on November 15, 2006, the Court took under advisement the Chapter 13 Trustee’s objection to Debtor’s plan that proposes to be completed in 18 months without making payments to unsecured creditors. The Chapter 13 Trustee, William H. Griffin (hereafter Trustee), appears by Dianna J. Lord. Debtor, The...
Views: 0
MEMORANDUM OPINION This case came before the Court on objection to confirmation filed by CitiFi-nancial Auto Corporation LL/a TransSouth Financial (“CitiFinaneial”) on the grounds that CitiFinaneial is not adequately protected by the debtor’s proposed plan pursuant to which the debtor proposes to surrender CitiFinancial’s collateral in full satisfaction of the creditor’s claim. „ The issue befo...
Views: 0
ORDER ON MOTION FOR TURNOVER (Doc. No. 54) THE MATTER before the Court is a Motion for Turnover (Doc. No. 54) filed on June 19, 2006, by the Chapter 7 Trustee, Diane L. Jensen (Trustee), in this Chapter 7 ease of James Robert Jessell, Jr. (Debt- or). The Trustee’s Motion seeks an Order compelling the Debtor to turn over to the Trustee certain alleged non-exempt assets, including $36.00 cash on han...
Views: 0
ORDER This matter came before the Court on the Motion for Sanctions Against General Electric Capital Corporation for Violating § 1141, the Permanent Injunction Under § 524 and Injunctions in the Debtor’s Confirmed Plan of Reorganization (“Motion”) 1 filed by Dynamic Tours & Transportation, Inc., the reorganized Debtor herein (“Debtor”) against General Electric Capital Corpo...
Views: 0
ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTOR’S AMENDED CLAIM OF EXEMPTION (Doc. No. 14) The Debtor, A. Steven Buonopane (“Debtor”), has claimed his homestead as exempt both under Article X, Section 4 of the Florida Constitution and based on it being owned by him as tenants by the entirety (“TBE”) with his spouse. The Court, in its Order on Debtor’s Motion to Alter or Amend Order ...
Views: 0
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART TRUSTEE’S REQUEST TO RECOVER ESTATE PROPERTY PURSUANT TO 11 U.S.C. § 550 THIS MATTER came before the Court for trial on November 6, 2006, upon Trustee’s Complaint to Recover Estate Property Pursuant to 11 U.S.C. § 550. The Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT ...
Views: 0
MEMORANDUM AND ORDER Donald R. Lassman is the Chapter 7 Trustee for the debtor STM Industries, Inc. (“STM”) in a pending bankruptcy ease, In re STM Indus., Inc., Bankruptcy Docket No. 04-12576-RS. He commenced an adversary proceeding on behalf of STM against Container Recycling Alliance LP (“CRA”) for damages under several different state law theories. CRA answered and coun...
Views: 0
MEMORANDUM OF DECISION The parties here can not agree on the appropriate distribution of proceeds realized from the post-petition sale of real property of the debtor, Sunset Hollow Properties, LLC. (“Sunset Hollow”). The heart of the controversy is the extent to which a second mortgage on that property, held by defendants John Kokoski and Paul A.L. Mannheim (“Kokoski” and “Mannheim” s...
Views: 0
PRELIMINARY DECISION ON REMAND REGARDING THE TRUSTEE’S MOTION FOR ORDER AUTHORIZING A FOURTH INTERIM DISTRIBUTION Introduction On May 23, 2001, Dr. Ben S. Branch, Chapter 7 Trustee (the “Trustee”) of Bank *385 of New England Corporation (“BNEC” or “the Company”) moved for authority to make a fourth interim distribution in the amount of $11,000,000 to the creditors of the estate (the “Moti...
Views: 0
MEMORANDUM OF DECISION REGARDING TRUSTEE’S OBJECTION TO CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN Before the Court is the Chapter 13 trustee’s objection to confirmation of the Debt- or’s Chapter 13 plan. 1 The Debtor opposes the objection. At issue is whether the plan’s proposed distribution to creditors satisfies the so-called best interests test set forth in Section 1325(a)(4) of the Bankr...
Views: 0
MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO AMEND BANKRUPTCY PETITION (SCHEDULE C) [# 23] AND CHAPTER 7 TRUSTEE’S MOTION TO COMPROMISE CLAIM WITH JANET D. ORLANDO [# 26] This matter came before the Court for hearing on the Debtor’s Motion to Amend Schedule C[# 23], to which the Chapter 7 Trustee objected [# 24], and the Chapter 7 Trustee’s Motion to Compromise Claim with Janet D. Orlando [# 26...
Views: 0
OPINION AND ORDER Before the court is the trustee’s motion for summary judgment, as well as the defendant’s opposition thereto and cross-motion for summary judgment. For the reasons set forth below, the trustee’s motion for summary judgment is granted, and the defendant’s motion for summary judgment is denied. Background Debtor YJ International, Inc. (“VJ”) filed a voluntary petition for reli...
Views: 0
OPINION AND ORDER This ease came before the court on April 25, 2006, to consider the approval of Caribbean Thoroughbred Racing Company, Inc.’s Second Amended Disclosure Statement For Second Amended Joint Plan Of Reorganization For Debtors And Debtors-In-Possession El Comandante Management Company, LLC, Housing Development Associates, SE, and El Co-mandante Capital Corporation (“Caribb...
Views: 5
DECISION AND ORDER I. Procedural Background Pending before this Court is a Motion for Summary Judgment filed by EduCap, Inc. (“EduCap”) (Docket #30). On November 3, 1999, the debtor, Barney Sproli-to (“Sprolito”) filed a petition under Chapter 13 of the Bankruptcy Code (Docket # 1). Edueap filed Proof of Claim # 3 for the amount of $7,052.44 and Proof of Claim # 4 for the amo...
Views: 0
RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. Anthony M. Floyd (“the debtor”) filed a Chapter 7 case on October 13, 2005. On January 17, 2006, Sheriden Woods Health Care Center, Inc. (“the plaintiff’) filed a complaint (“the complaint”) against the debtor asserting that the debtor’s obligation to the plaintiff is nondischargeable pursuant to Bankruptcy Code § 523(a)(4) (de...
Views: 0
DECISION & ORDER When Juan Irene filed a petition for relief under chapter 7 of the Bankruptcy Code, he duly claimed a homestead exemption for the condominium unit where he resides in Cathedral Park Tower at 37 Franklin Street in the City of Buffalo. At about the time that he acquired that condominium unit, Mr. Irene also purchased, by separate deed, two parking spaces within the same condomini...
Views: 0
DECISION & ORDER BACKGROUND On July 13, 2006, James M. and Shane M. Grant (the “Debtors”) filed a petition initiating a Chapter 13 case, and George M. Reiber, Esq. (the “Trustee”) was appointed as their Chapter 13 Trustee. The Debtors filed a Chapter 13 Plan (the “Plan”) which provided, pursuant to that portion of Section 1325(a)(9) that has become known as the “Hanging Para...
Views: 0
MEMORANDUM DECISION AND ORDER GRANTING THE MOTION TO WITHDRAW THE REFERENCE VWE Group, Inc., d/b/a/ V.W. Eimicke Associates, Inc’s (the “Debtor”) is a family-owned New York corporation headquartered in Yonkers, New York and run by the Eimicke family. Prior to filing a bankruptcy petition on June 2, 2004, the Debtor was in the business of selling human resources products including copyrigh...
Views: 0
MEMORANDUM OPINION The Official Committee of Asbestos Claimants (“the Committee”) has moved by letter motion to request that certain documents withheld by International Specialty Products, Inc. (“ISP”) and G-I Holdings Inc. (“G-I”) on the grounds of privilege be reviewed in camera to determine the applicability of the privilege. The Committee’s motion was marked fully submitted on February ...
Views: 0
DECISION ON RIGHT TO OFFSET Delta Air Lines, Inc. (“Delta” or the “Debtor”) commenced this adversary proceeding for declaratory judgment that the Government Services Administration (the “Government”) is precluded from deducting amounts the Government “overpaid” to Delta for services purchased pre-petition from amounts which the Government owes to Delta for services purchased post-peti...
Views: 0
DECISION ON MOTION TO REJECT COMAIR PILOTS’ COLLECTIVE BARGAINING AGREEMENT For the third time this year this Court is called upon to decide a motion by debtor *471 Comair, Inc. (“Comair” or “debtor”) to reject its collective bargaining agreement with one of its three unions under Section 1113 of the Bankruptcy Code, 11 U.S.C. § 1113. This motion seeks to reject the colle...
Views: 2
DECISION ON COMAIR MOTION FOR PRELIMINARY STRIKE INJUNCTION By order dated December 27, 2006 in accordance with the Court’s Decision dated *493 December 21 (the “December 21 Decision”), this Court granted the motion of debtor Comair, Inc. (“Comair”) under Section 1113 of the Bankruptcy Code, 11 U.S.C. § 1113, to reject its collective bargaining agreement with its pilots (...
Views: 0
MEMORAND UM DECISION DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT TO DISMISS AND GRANTING TRUSTEES MOTION FOR SUMMARY JUDGMENT Before this Court are cross motions for summary judgment on Count I of a Complaint filed by Helen Gredd as Chapter 11 Trustee (the “Trustee”) for Manhattan Investment Fund Ltd. (the “Fund” or “Debt- or”), against Bear, Stearns Securities *513 C...
Views: 0
MEMORANDUM OPINION AND ORDER REGARDING TRUSTEE’S MOTION SEEKING TO HOLD JOSEPH MANCUSO IN CIVIL CONTEMPT Kenneth P. Silverman, the Chapter 7 Trustee (“Silverman” or the “Trustee”) of *531 Chief Executive Officers Clubs, Inc. (“Debtor”), seeks an order holding Joseph Mancuso (“Mancuso”) in civil contempt for violating a November 18, 2002 Order (“November 18 Order”) signed ...
Views: 0
MEMORANDUM OPINION AND ORDER DENYING MOTION TO REQUIRE THAT ADVERSARY COMPLAINT BE FILED UNDER SEAL Pending before the Court is a motion by a putative defendant seeking an order pursuant to 11 U.S.C. § 107(b)(2) requiring that the chapter 11 trustee, Janice B. Gru-bin (“Grubin” or the “Trustee”), be required to file a proposed adversary complaint under seal (the “Sealing Motion”) (ECF...
Views: 0
MEMORANDUM OPINION Montague S. Claybrook’s (“Plaintiff’), the Chapter 7 trustee for Bake-Line Group, LLC (“Debtor”), brings this preference action against Consolidated Foods, Inc. (“Defendant”) to avoid a pre-petition transfer of $139,208.24 from the Debtor to Defendant. This opinion is with respect to Defendant’s motion for summary judgment (Doc. # 23) and Plaintiffs cross-motion for sum...
Views: 0
MEMORANDUM 1 On November 7, 2002 (the “Petition Date”), Gruppo Antico, Inc., f/k/a Trend Holdings, Inc., et. al. (the “Debtor”) filed a voluntary chapter 11 bankruptcy petition. On November 11, 2003, the Debtor commenced this adversary proceeding by filing a Complaint (the “Original Complaint”) (docket no. 1) against Hipro Electronics, Inc. (“Hipro-USA”), alleging that ...
Views: 0
ORDER EXEMPTING DEBTOR FROM CREDIT COUNSELING This matter is before the court on the motion of the debtors for the exemption from credit counseling of Mr. Randolph Thomas Howard. A hearing was held in Wilson, North Carolina on January 24, 2007. 11 U.S.C. § 109(h)(1) requires that all debtors receive credit counseling within the 180-day period preceding the filing of their bankruptcy petition....
Views: 0
ORDER DISMISSING CASE This matter is before the court on the issue of the debtor’s completion of credit counseling more than 180 days prior to the *591 filing of the petition. The debtor filed a voluntary petition pursuant to chapter 13 on February 2, 2007. The debtor filed a certificate of credit counseling indicating that the debtor completed his credit counseling on August 4, 2006. 11 U....
Views: 0
ORDER THIS MATTER is before the Court on Stipulation for Assumption of the Lease Agreement between Debtor and Cab East, *592 LLC (“Cab East” or “Lessor”) regarding a lease agreement for a 2004 Ford F-150 pickup truck. Counsel for the Cab East and the debtor’s attorney stipulated to the entry of an order approving the assumption of the lease agreement by the debtor under the terms of a Lease A...
Views: 1
MEMORANDUM DECISION The matter before the Court is the Motion for Contempt filed June 20, 2006 in which the Debtor requests the Court enter an order and injunction against Stephanie Skeen Parks, the Debtor’s former spouse, and her attorney to stay the proceedings against the Debtor currently pending in the Circuit Court of Russell County and to *596 permanently enjoin Ms....
Views: 0
REASONS FOR DECISION This matter comes before the Court on Cottonport Bank’s Motion for Relief from Stay and Abandonment for the Limited Purpose of Obtaining Right of Way and the debtors’ Opposition. This is Core Proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (G), (M) and (O). This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and by virtue of the reference by the District Court pursuant ...
Views: 0
REASONS FOR DECISION This matter comes before the court as a request to value inventory pursuant to the terms of a confirmed Chapter 11 plan. Preventative Maintenance Services, Inc. (“PMSI or the Debtor”) filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code on March 6, 2006. Regions Bank (“Regions”) is a secured creditor of PMSI, and holds a security interest in...
Views: 0
ORDER Before the Court in the above styled and numbered cause of action is Plaintiff United States’ Emergency Motion For Order Declaring 11 U.S.C. § 362 Does Not Apply To This Case and Memorandum Of Law In Support filed February 2, 2007 (Clerk’s Document No. 139). After reviewing the motion, the file, and the applicable law, the Court is of the opinion that the motion should be granted because ...
Views: 0
MEMORANDUM OPINION FINDINGS AND CONCLUSIONS REGARDING DISMISSAL OF ADVERSARY PROCEEDING WITH PREJUDICE In this adversary proceeding, the Trustee seeks to recover $936,741.35 paid by the Debtor to Homrich, Inc. (“Homrich”) by wire transfer prior to the filing of the bankruptcy case. The Trustee alleges that the payment was a preference that the Trustee can recover under 11 U.S.C. § 547...
Views: 0
ORDER GRANTING IN PART AND DENYING IN PART GREENHAW’S MOTION TO DISMISS (DOCKET #53) On January 6, 2003, Greenhaw Energy, Inc. (“Debtor”) filed a petition for chapter 11 bankruptcy. On Schedule D, Debtor listed Morris R. Greenhaw Oil & Gas, Inc. (“Greenhaw Oil & Gas”) as a secured creditor holding a deed of trust on oil and gas interests in Erath, Comanche and East-land Counties. ...
Views: 2
MEMORANDUM OPINION AND ORDER This matter affords the court its first opportunity to address the issue of how an above-median income Chapter 13 debtor’s projected disposable income is to be determined. The Debtors here have submitted a plan that proposes to pay $290.00 per month to unsecured creditors. The Trustee, in her Report and Recommendation as to Confirmation, has not recommended confir...
Views: 0
MEMORANDUM OF OPINION AND ORDER Prepetition, Frederick G. Voltz, trustee of the Voltz Family Trust dated 9/25/95, obtained a state court judgment against ProCare Automotive Service Solutions, LLC based on damages for termination of a real estate lease. Voltz filed a proof of claim in ProCare’s chapter 11 case for the full amount of the judgment. The debtor objects, arguing that the claim is sub...
Views: 0
MEMORANDUM OF DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This adversary proceeding is before the court on Defendant’s Motion for Summary Judgment [Doc. #11] and the Trustee opposition [Doc. # 12]. For the reasons that follow, the motion will be granted. BACKGROUND The relevant facts are not in dispute. On April 4, 2004, Debtors in the underly*660ing Chapter 7 case executed a promi...
Views: 0
ORDER REGARDING MOTION FOR DEFAULT JUDGMENTi OR IN THE ALTERNATIVE, MOTION TO COMPEL DISCOVERY This adversary proceeding is before the court on Plaintiffs Motion for Default Judgment, or in the Alternative, Motion to Compel Discovery [Doc. # 42] and Motion to Compel Discovery [Doc. # 43], and the pro se response filed by Defendant Allen Eaton and his wife, Debbie Sandlin, which the court construes...
Views: 0
MEMORANDUM These chapter 13 and chapter 7 cases are before the court on motions to dismiss pursuant to 11 U.S.C. § 109(h)(1) by the chapter 13 trustee and the United States trustee, respectively. Both cases present the issue of whether 11 U.S.C. § 109(h)(1) requires a debtor to receive a credit counseling briefing at least one day before filing a bankruptcy petition or simply prior to...
Views: 0
MEMORANDUM ON MOTION TO DISMISS INVOLUNTARY PETITION Before the court is the question of whether the Involuntary Petition filed against the Debtor on June 22, 2006, must be dismissed because it, together with the Alias Summons in Involuntary Case issued on October 11, 2006, were not served on the Debtor in the manner required by Rule 1010 of the Federal Rules of Bankruptcy Procedure. The Debtor ...
Views: 0
*683 MEMORANDUM OPINION Before the court is the Debtors’ motion seeking sanctions against the County Clerk of Will County, Illinois, for violating the automatic stay imposed by section 362 of the Bankruptcy Code. 1 This Memorandum Opinion explains why the motion is being granted. Jurisdiction Jurisdiction lies pursuant to 28 U.S.C. § 1334 and Internal Ope...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This Adversary Proceeding relates to the Chapter 7 bankruptcy case of Mary Ross (“Debtor” or “Defendant”). Nuvell Credit Corporation (“Nuvell” or “Plaintiff’) filed this Adversary Complaint objecting to Defendants/Debtors’ discharge under two provisions of the Bankruptcy Code, 11 U.S.C. §§ 727(a)(2) and 727(a)(5). Nuvell is a creditor of the Deb...
Views: 0
OPINION In a matter of first impression in this District, the Court has been asked to examine the effect of conversion of a prior case upon a debtor’s eligibility to receive a discharge in a pending chapter 13 case in light of the prohibitions against serial discharge enacted in 11 U.S.C. § 1328(f) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The debtors in this case ...
Views: 0
DECISION PRELIMINARY STATEMENT All plaintiffs in the above-entitled adversary proceedings are chapter 13 debtor-mortgagors. They assert that their respective defendant-mortgagees were paid “interest on interest” through their respective chapter 13 plans in violation of 11 U.S.C. § 1322(e). 1 Sec. 1322(e) was added to the Bankruptcy Code by the Bankruptcy Reform Act of ...
Views: 0
ORDER Before the Court is the objection of Alvin and Rebecca Dwiggins (“Debtors”) to the amended claim of Elk Horn Bank & Trust Company (“EHB”), an oversecured creditor in the case. At issue is whether EHB is entitled to be reimbursed for its post-petition attorneys fees and costs pursuant to 11 U.S.C. § 506(b). EHB incurred the legal fees for bankruptcy-related services an...
Views: 0
MEMORANDUM OPINION AND ORDER FOR JUDGMENT This proceeding came for hearing on November 30, 2006 pursuant to the district court’s order reversing the judgment entered on August 23, 2005 and remanding for further proceedings. James Ruben-stein and Doug Elsass appeared for the plaintiffs. Kenneth Corey-Edstrom appeared for The BMC Liquidating Trust, and Shannon Kelly appeared for defendant Deutsch...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW The matter before the Court is Plaintiffs Complaint to Determine the Dis-chargeability of Particular Debts Pursuant to 11 U.S.C. Section 523, Debtor’s Answer, Defendant Alvin C. Lewis Jr.’s Pre-Trial Memorandum and Plaintiffs Reply to Defendant’s Pretrial Brief. A hearing in this matter was held on March 28, 2006, where both parties appeared in person a...
Views: 0
ORDER This case is before the Court on Trustee’s motion to dismiss Debtor’s case under 11 U.S.C. § 521(i)(l). Since Debtor failed to provide payment advices within 45 days of the petition date, the Court will grant Trustee’s motion. Accepting Debtor’s factual contentions as true, the Court makes the following findings of fact. 1 Debtor filed his petition for relief under Chapter 7 of the ...
Views: 1
ORDER OVERRULING CHAPTER 13 TRUSTEE’S MOTION TO DENY TO CONFIRMATION The Chapter 13 Trustee filed a motion to deny confirmation of Debtor Frances Oliver Ward’s proposed Chapter 13 Plan. The issue is whether the Debtor is proposing to pay into her plan all of her “projected disposable income to be received in the applicable commitment period” as required by § 1325(b) of the Bankruptcy Code. 1...
Views: 0
MEMORANDUM OPINION In this adversary proceeding, Plaintiffs Dennis McLaughlin and Petra Patricia McLaughlin (“Debtors”) seek a determination, pursuant to 11 U.S.C. § 523(a)(8), that their student loan debt, owed to the U.S. Dept, of Education (“Education”) and to Educational Credit Management Corp. (“ECMC”) should be discharged for the reason that excepting the debts from discharge would impo...
Views: 0
ORDER AND OPINION [¶ 1] This case presents a series of acts and omissions by financial institutions, the First State Bank of Roscoe (“bank”) and its holding company, Roscoe Community Bankshares, Inc., (collectively the “banks”) that the court finds to be very troubling. [¶ 2] The standards of review by this court are well known. Matters of law are reviewed de novo. Findings of fact are to be uphe...
Views: 0
OPINION INTRODUCTION Following a default prove-up hearing concerning the nondischargeability of a $715 loan debt, the bankruptcy court denied the plaintiff-lender’s motion for entry of a default judgment, ruled the debt to be discharged, and dismissed the adversary proceeding. On appeal, the lender maintains only that, where a prima facie case had been pled, t...
Views: 1
MEMORANDUM DECISION INTRODUCTION The Internal Revenue Service (“IRS”) filed a Proof of Claim for delinquent taxes, which includes a claim for unsecured debt in the amount of $422,390.92. Edward Henne (“Debtor”) contends that this debt was discharged in his previous Chapter 7 case.1 The IRS argues that the Debtor’s taxes were not discharged because the Debtor failed to file returns and therefore ...
Views: 0
MEMORANDUM of DECISION At Butte in said District this 16th day of November, 2006. In this Chapter 13 bankruptcy, after due notice, a hearing was held August 1, 2006, *782 in Butte on confirmation of Debtors’ First Amended Chapter 13 Plan (“Plan”) filed July 11, 2006. Attorney Richard A. Ram-ler, of Belgrade, Montana, appeared at the hearing on behalf of Debtors and i...
Views: 0
Midwest Regional Credit Union (“Midwest”) appeals an order of the United States Bankruptcy Court for the District of Kansas finding that the value of Juan Carlos De Anda-Ramirez and Jennifer Nicole De Anda’s (the “Debtors”) vehicle is *796 equal to the Kelley Blue Book (“KBB”) private party value, not the KBB retail value. For the reasons set forth below, the decision of the bankru...
Views: 0
ORDER REQUIRING CERTIFIED COPY OP TRANSCRIPT A review of Appellant Christine Ann Kanke, Administrator of the Estate of Mark Anthony Schanbacher’s Designation of Record, filed June 13, 2006, and Appendix, filed October 2, 2006, demonstrates that Appellant has not complied with Federal Rules of Bankruptcy Procedure 5007 and 8006; to wit, it has not filed certified copies of transcripts of minutes...
Views: 0
ORDER THIS MATTER comes before the Court on Plaintiffs’ Complaint, objecting to the dischargeability of the debt owed to Plaintiffs by the Defendant (“Debtor”), under 11 U.S.C. § 523(a)(4), which debt arose from his company’s non-payment of certain employee benefits owed under a collective bargaining agreement. By agreement of the parties, the Court bifurcated the issues of liability and ...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER is before the Court on the Chapter 7 Trustee’s Complaint to Recover Fraudulent Transfer, to Determine the Extent, Priority and Validity of Interest in Property of the Estate and to Sell Estate’s Interest and Interest of Co-Owner in Real Property (“Complaint”). The Court held a trial on the merits of this adversary proceeding on December 18, 20...
Views: 0
ORDER DENYING MOTION TO EXTEND AUTOMATIC STAY The debtor’s motion to Extend the § 362(a) Automatic Stay as to All Creditors came on for hearing before the court on the 13th day of December 2006, at 9:00 a.m. David Berry of Berry & Tripp appeared on behalf of the debtor. On November 20, 2006, the debtor filed this voluntary Chapter 13 bankruptcy proceeding. This debtor was a debtor in...
Views: 0
MEMORANDUM DECISION GRANTING DEBTORS’ OBJECTION TO TRUSTEE’S MOTION TO DISMISS AND MOTION TO ABATE The matter before the Court is the Debtors’ Objection to the chapter 13 Trustee’s Motion to Dismiss and their Motion to Abate chapter 13 plan payments. The Court took this matter under advisement to determine whether chapter 13 debtors may modify a chapter 13 plan where the modification would resu...
Views: 0
MEMORANDUM OPINION PARTIALLY GRANTING AND PARTIALLY DENYING MOTION TO DISMISS This adversary proceeding came on for hearing on September 21, 2006, on the defendant’s Motion to Dismiss Amended Complaint (Doc. No. 24). The defendant, Kimberly Ann Cameron, is the wife of the debtor, John Robert Cameron. Within one year preceding the filing of this bankruptcy case, on September 15, 2005, ...
Views: 5
MEMORANDUM OPINION GRANTING MOTION TO DISSOLVE LIS PENDENS This adversary proceeding came on for hearing on September 21, 2006, on the defendant’s Motion to Dissolve Lis Pen- *824 dens or Alternatively Motion to Require Bond (Doc. No. 25). In this adversary proceeding, the Chapter 7 trustee, Carla P. Musselman, seeks to impose either an equitable lien or a constructive trust against propert...
Views: 0
FINDINGS OF FACTS, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THE MATTER under consideration in this Chapter 7 liquidation case of Gregory J. Smith (Debtor), originally filed as a Chapter 13 case on June 30, 2003, but converted to Chapter 7 on June 15, 2005, is a challenge of the Debtor’s right to protection under the Bankruptcy Code. The matter is presented for this Court’s...
Views: 0
Order This appeal arises from the bankruptcy court’s determination not to count votes submitted by certain creditors in opposition to the Far & Wide Corporation reorganization plan because the votes were submitted on pre-marked ballots. For the reasons explained below, the bankruptcy court’s decision is AFFIRMED, and this case is CLOSED. I. Background Facts Far & Wide Corporatio...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on Plaintiffs complaint to recover seized funds claimed as exempt and Defendant’s motion for summary judgment. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(0). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conforman...
Views: 0
OPINION AND ORDER REVERSING THE BANKRUPTCY COURT’S “ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT” AND REMANDING FOR ENTRY OF JUDGMENT FOR APPELLANT In this case, Appellees Michelle Middleton and Robert Fellmy resisted the Trustee’s attempt to avoid a certain transfer by petitioning the bankruptcy court to judicially sanction a deceptive, and possibly felonious, real estate purchase plan in w...
Views: 0
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS This case is before the court on the United States Trustee’s (“UST”) motion to dismiss Debtors’ Chapter 7 case for abuse under 11 U.S.C. § 707(b)(3) [Doc. #23], Debtors’ response [Doc. # 28] and the UST’s supplemental brief [Doc. # 32]. The court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 and the general or...
Views: 0
DECISION AND ORDER This cause is before the Court on the Motion of the Defendant/Creditor, Pre *860 ferred Credit, to Dismiss; and the Plaintiffs Memorandum in Opposition thereto. Having now had the opportunity to review the arguments of the Parties, the Court, for the reasons now explained, finds that the Defendant’s Motion should be Granted. DISCUSSION The instant proceeding was comme...
Views: 0
DECISION AND ORDER This cause is before the Court after a Further Hearing on the Debtor’s Objection to the Trustee’s Motion for Turnover. In her Motion for Turnover, the Trustee seeks possession of those funds maintained by the Debtor on deposit in a bank account. The material facts giving rise to this controversy are not in dispute. On March 1, 2006, the Debtor, Angela Todd, fil...
Views: 0
MEMORANDUM This preference action is before the court on the parties’ cross-motions for summary judgment. This court having concluded that the transfers are excepted from avoidance under 11 U.S.C. § 547(c)(4) except to the extent of $8,558.87, the motions will be granted in part and denied in part. This is a core proceeding. See 28 U.S.C. 157(b)(2)(F). I. The debt...
Views: 0
MEMORANDUM ON MOTION OF CREDITORS FOR PAYMENT OF ADMINISTRATIVE EXPENSE This contested matter is before the court upon the Motion of Creditors Mims Gordon and Alta Marie Williams for Payment of Administrative Expense (Motion for Administrative Expense) filed by Mims Gordon and Alta Marie Williams on November 16, 2006. Ms. Gordon and Ms. Williams seek payment, pursuant to 11 U.S.C.A. §§ 105(a) a...
Views: 0
MEMORANDUM OPINION AND ORDER On December 22, 2006, the Court granted in part and denied in part Defendants’ motion to release frozen funds to pay their attorneys’ fees, ordering any interest earned on frozen accounts to be released to Defendants’ law firm, Ungaretti & Harris, LLP, on the condition that the Ungar-etti firm subject itself to this Court’s jurisdiction in the event the Federal Trad...
Views: 0
MEMORANDUM OPINION This matter comes before the Court on the motion of Lowitz & Sons, Inc. (“Low-itz”) pursuant to Federal Rules of Civil Procedure 55(c) and 60(b) to vacate a default judgment entered against Lowitz and in favor of Alex D. Moglia (the “Trustee”), as trustee for the bankruptcy estate of Outboard Marine Corporation and its related debtor entities (the “Debtor...
Views: 0
MEMORANDUM OPINION ON DEBTORS’ MOTIONS TO VACATE DISCHARGE AND CONVERT TO CHAPTER 13 AND ON TRUSTEE’S MOTION TO RECONVERT Debtors’ Edward and Karen Starling (the “Debtors”) filed their combined motion to convert this Chapter 7 case to Chapter 13 and vacate the discharge entered in the Chapter 7 case. Chapter 7 Trustee Philip Levey (the “Trustee”) opposed that motion, and in the altern...
Views: 2
ORDER REGARDING FURTHER PROCEEDINGS ON TRUSTEE’S MOTION TO DISMISS This Chapter 13 case came before the Court for hearing on January 22, 2007 with respect to the Trustee’s motion to dismiss the debtor’s Chapter 13 case filed on December 12, 2006. The debtor appears by counsel Ricardo Casas; the Chapter 13 Trustee appears by Attorney Julia M. Ho-ham. The manner in which a change in the debtor’s ...
Views: 0

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up