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Opinions in br Volume 562

MEMORANDUM OF DECISION AND ORDER ON OBJECTION OF HSBC BANK USA, N.A. TO CONFIRMATION OF FIRST AMENDED PLAN HSBC Bank USA, N.A. has objected to my confirming the First Amended Chapter 13 Plan dated February 24, 2016, of Penny and Jason Sperry, the debtors in this case. HSBC maintains that the plan, which requires HSBC to send the Sperrys monthly mortgage loan statements consistent with the plan’s ...
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DECISION AND ORDER AUTHORIZING DEBTORS’ RETENTION OF COUNSEL Issue presented and summary of ruling In this contentious series of real estate cases, the secured lender has objected to Debtors’ retention of counsel. While the pleadings concerning retention have meandered into substantive issues affecting the cases overall, the narrow question presented is whether Debtors’ proposed counsel is not ...
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DECISION & ORDER In this Chapter 7 case^ the trustee proposes to surcharge exempt property for the amount needed to pay his expenses and a commission. Except to the limited extent allowed under 11 U.S.C. § 522(k), the court is compelled to deny this request by reason of the authority of Law v. Siegel, — U.S. —, 134 S.Ct. 1188, 188 L.Ed.2d 146 (2014). Franklin Pendleton Taylor, II, was the plainti...
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Counsel for the Associ- ation of Professional Flight Attendants, 1900 M Street, N.W., Washington, D.C, 20036, By: Robert S. dayman, Esq. *23MOONEY, GREEN, SAINDON, MURPHY & WELCH, Counsel for the Transport Workers Union of America, AFL-CIO, 1920 L Street, N.W, Suite 400, Washington, D.C. 20036, By: Richard S. Edelman, Esq. VEDDER PRICE P.C„ Counsel for Bank of America, N.A., Merrill Lynch Credit P...
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MEMORANDUM OPINION AND ORDER HOLDING THE BERMUDA INSURERS IN CONTEMPT Pending before the Court is the Order to Show Cause Why Allied World Assurance Company Ltd., Iron-Starr Excess Agency *43Ltd., Ironshore Insurance Ltd., and Starr Insurance & Reinsurance Limited Should Not be Held in Contempt (the “Second Order to Show Cause,” ECF Doc. #41) for violating the Memorandum Opinion and Temporary Res...
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MEMORANDUM OPINION AND PRELIMINARY INJUNCTION On December 21, 2016, this Court issued a Memorandum Opinion and Temporary Restraining Order (the “TRO Opinion” or the “TRO,” ECF Doc. # 35),1 enjoining the Bermuda Insurers from taking any action to enforce certain provisions of the Injunc-tive Orders (defined below) issued by the Supreme Court of Bermuda, Civil Jurisdiction (Commercial Court) (the “...
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OPINION1 INTRODUCTION The Debtors in this case sought an order confirming their joint Chapter 11 plan of reorganization following an execution of a global settlement agreement among the Debtors, the lender, and the Official Committee of Unsecured Creditors.2 The Court conducted a confirmation hearing, and based upon the evidence presented con*71firmed the plan.3 Ordinarily, this would end the mat...
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OPINION TABLE OF CONTENTS I. Introduction., .88 *88II. Facts and Procedural History...90 A. Background of High Fidelity House, Inc.... 90 1. Officers and Outside Accountant. . .90 2. HiFi’s Accounting Practices.., 91 a. Refreshed Invoices... 92 b. Inventory Valuation... 93 c. Advanced Billing.. .93 B. HiFi Commercial Loans with Fulton. . .93. 1. First Meeting... 94 2. Second Meeting.. .94 3. Thir...
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MEMORANDUM OPINION THIS CASE is before the court on the chapter 7 trustee’s objection to the debt- or’s homestead exemption in personal property. The trustee argues that the debtor did not fully comply with Va.Code (1950) § 34-14 which addresses how personal property is set apart for purposes of the homestead exemption. Va.Code (1950) § 34-4. The debtor recorded a homestead deed in 1991 and a seco...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING: (1) LETTER/MOTION OF DEFENDANTS TO RELEASE FUNDS, [ADV. DOC. NO. 50]; (2) RESPONSE OF PLAINTIFF TO DEFENDANTS’ LETTER/MOTION TO RELEASE FUNDS AND APPLICATION FOR PAYMENT OF FUNDS FROM COURT’S REGISTRY, [ADV. DOC. NO. 51]; AND (3) INTERVENORS, 3410 TOWNSHIP GROVE, LLC, AND KRISTINE PHAM’S MOTION TO INTERVENE AND APPLICATION FOR PAYMENT OF FUNDS FRO...
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MEMORANDUM OPINION . On October 26, 2015, Melanie Miller Anderson initiated this lawsuit against several defendants, including David McKeand. (ECF No. 1). As a result of a settlement approved in the underlying bankruptcy case, McKeand is the only remaining defendant in this adversary proceeding. (Case No. 15-33603 at ECF No. 77). In her complaint, Anderson alleged that McKeand is a Debt Relief Ag...
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TRIAL OPINION I. Introduction This adversary proceeding arises out of the participation' of the Defendants in an investor program run by Plaintiff/Debtor Ralph Roberts, Realty, LLC (“Realty”) (the “Investor Program”). The Defendants are Jon Savoy; Arnold Hassig, a.k.a. Butch Hassig; Adam Hassig; and four entities formed by them—Prime Residential Properties Group, LLC; Ryan Residential Properties G...
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MEMORANDUM OPINION These jointly-administered chapter 11 cases are before the court for ruling after an evidentiary hearing on the objections of Wilmington Trust, N.A., as successor indenture trustee for the 10.75% senior unsecured notes (“Wilmington”), to two proofs of claim, both filed by first lien parties. One is the claim of Credit Suisse AG, Cayman Islands Branch, as agent on behalf of firs...
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MEMORANDUM OPINION Before the court for ruling is the motion of defendant Lanny R. Gibrick (“Gibrick”) to disqualify Brendan Appel (“Appel”) as trial counsel for plaintiff Robert Golden (“Golden”). For the following reasons, Gi-brick’s motion to disqualify will be granted. 1. Jurisdiction The court has subject matter jurisdiction under 28 U.S.C. § 1334(b) and the district court’s Internal Operati...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The matter before the Court is Trustee’s Complaint to Determine the Validity of Lien, Answer, Affirmative Defense, and Counterclaim Filed By The Burches, Trustee’s Answer and Defenses to Counterclaim, Joint Exhibit List, Joint Witness List, Joint Stipulations of Fact for Use at Trial, Memorandum Filed by Jacob Burch and Stephanie Burch and Plaintiffs Trial B...
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Memorandum of Decision & Order On April 19, 2016, the Appellant Citizens Bank (the “Bank”) commenced the present appeal from a Memorandum Decision (the “Underlying Decision”) of the United States Bankruptcy Court for the Eastern District of New York (Grossman, J.). The Bank contended that, in an adversary proceeding, the Bankruptcy Court’s entry of a default judgment against it, and in favor of t...
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OPINION AND ORDER The Official Committee of Unsecured Creditors (“the Committee”), the Bank of New York Melon as the Trustee under the 2017 Notes Indenture (“BONY”), and the Wilmington Savings Fund Society, FSB, and Delaware Trust Company as the Indenture Trustees for the Forest Notes (“Wilmington”), collectively referred to as the Appellants, appeal an order entered by the United States Bankrupt...
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OPINION AND ORDER FirstBank Puerto Rico (“FirstBank”) appeals the decision of the United States Bankruptcy Court for the Southern District of New York (Chapman, B.J.), granting the motion of James W. Giddens, Trustee for the SIPA Liquidation of Lehman Brothers Inc. (“the Trustee”) to expunge FirstBank’s claim, and denying First-Bank’s motion for summary judgment. See A3556, A3571. FirstBank’s cla...
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MEMORANDUM DECISION AND ORDER REGARDING APPLICATION FOR A RULE 2004 EXAMINATION Applicants CSI Leasing, Inc. (“CSILI”) and CSI Leasing Malaysia Sdn. Bhd. (“CSIM” and, together with CSILI, “CSI”) seek authorization to examine the Debtors pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (“Rule 2004”). The proposed examination broadly relates to the sale of assets by a non-Debtor, ...
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Memorandum Before the Court is Alfred Barr’s filing titled Interested Party Motion to Lift Au-. tomatic Stay or in the Alternative to Annul or Modify the Automatic Stay for Hire-Right Solutions Inc. (“Barr Motion”).2 Mr. Barr is proceeding pro se.3 The reorganized debtors filed an objection to the Barr Motion,4 and Mr. Barr filed a memorandum of law in support of his motion.5 At a hearing on Sept...
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OPINION ON CONFIRMATION OF THE DEBTORS’ MODIFIED FIRST AMENDED PLANS OF REORGANIZATION AND LIQUIDATION Before me for consideration is confirmation of the Debtors’ Modified First Amend*269ed Plans of Reorganization and Liquidation (the “Plan”), a critical component to the global reorganization of Abengoa, S.A. (“Abengoa” or “Parent”).2 The debtors have resolved virtually all objections to confirma...
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MEMORANDUM DECISION I. Introduction The matters before the Court in this these adversary proceedings are two complaints brought by Plaintiff Dots, LLC (“Dots” or “Debtor” or “Plaintiff’), against Defendants Finance One, Inc. and Milberg Factors, Inc. (collectively, “Defendants” or “Factors;” or, individually, “Finance One” and “Milberg”), seeking the recovery of prepetition transfers on the basis...
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MEMORANDUM OPINION This case is before the court on the motion of Lora Holland for relief from the automatic stay to conclude a pending divorce case in which she is seeking a divorce a vincula matrimonii, support, equitable distribution, and attorney’s fees. The debtor concedes that most of the requested relief is not stayed by 11 U.S.C. § 362(a) and does not oppose relief as to those matters.1 Ho...
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MEMORANDUM OPINION This case is before the court on the motions of H. Jason Gold, the former chapter 7 trustee (the “Trustee”), and ALG Trustee, LLC, the trustee under a first deed of trust (“ALG”), to dismiss this case. (Docket Entries 30 and 32, respectively). The Amended Complaint1 was filed by The Bank of New York Mellon fka The Bank of New York, as Trustee for Certificate Holders of the CWAL...
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MEMORANDUM OPINION This matter is before the Court on an adversary proceeding filed by the Debtor, Samuel J. Boyd (the “Debtor”), against New Peoples Bank, Inc. (the “Bank”) for violation of the discharge injunction. The Court found in its May 27, 2016 Memorandum Opinion and corresponding Order that the Bank violated the discharge injunction and set the matter for further hearing as to what sanct...
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ORDER GRANTING, IN PART, AND DENYING, IN PART, JULIO PAL-MAZ, M.D.’S MOTION FOR ENFORCEMENT OF INJUNCTION (ECF NO. 420) Came on to be considered the above-numbered bankruptcy cases, and, in particular, Julio Palmaz, M.D.’s Motion for *333Enforcement of Injunction (ECF No. 420) (the “Motion”), Trustee’s Joinder in Motion to Enforce Plan Injunction (ECF No. 429) (the “Joinder”) and The Turnbull Pla...
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OPINION Creditor Ivan Qi (“Qi”) filed involuntary petitions against husband and wife, Vin*344cent and Robin Zenga (the “Zengas”).1 The Zengas filed a motion to dismiss the involuntary petition in each of their respective cases, arguing that 11 U.S.C. § 303(b)(1) required a minimum of three petitioning creditors to institute an involuntary bankruptcy against them because they each had 12 or more c...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the United States Trustee’s (“UST”) Motion to Disqualify Bingham Greenebaum Doll LLP from Representing the Chapter 7 Trustee [ECF No. 2044]1 (“Motion to Disqualify”) in which two groups of Debtors’2 largest creditors join: (i) East Coast Miner LLC, East Coast Miner II LLC, Keith Goggin and Michael Goodwin (collectively, the “ECM Enti...
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The debtor appeals from an order of the bankruptcy court1 sustaining the trustee’s objection to an exemption claimed by the debtor. Specifically, the bankruptcy court held that a Minnesota property tax refund under Minn. Stat. Ann. § 290A.04 (West) is not exempt under Section 550.37 (Subd. 14) of the Minnesota statutes as “government assistance based on need,” following this panel’s decision in Ma...
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MEMORANDUM OPINION & ORDER Appellant/Plaintiff John R. Stoebner,1 Trustee in bankruptcy for Polaroid Corporation and other related debtors (“the Polaroid Debtors”) appeals from a January 14, 2016 order (“the Order”) of the United States Bankruptcy Court for the District of Minnesota (“Bankruptcy Court”) and an oral order made by that same court on December 1, 2015. For the reasons set forth herei...
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AMENDED ORDER ON DEUTSCHE ZENTRALGENOSSENSCHAFT-BANK AG DEFENDANTS’ FED. R. CIV. P; 12(c) MOTION FOR JUDGMENT ON THE PLEADINGS KATHLEEN H. SANBERG, CHIEF UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding was commenced by Douglas A. Kelley, in his capacity as the court-appointed Chapter 11 *394Trustee of Debtors Petters Company, Inc.; PC Funding, LLC; and SPF Funding, LLC, (collectively “P...
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ORDER SUSTAINING RAC ACCEPTANCE EAST LLC’s OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN Creditor RAC Acceptance East LLC (“RAC”) objects to confirmation of Debtor LaRita Jean Harris’s proposed Chapter 13 Plan. In essence, the Debtor asserts that her rent-to-own-furniture agreement with RAC is a disguised security agreement, rather than a lease, and is proposing to pay RAC’s claim as a secured clai...
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MEMORANDUM OF DECISION GRANTING JUDGMENT TO DEBTOR/DEFENDANT ROBERTA MACKEY On July 6, 2015, Roberta Mackey (“Roberta” or the “Debtor”) filed the above chapter 7 bankruptcy petition. At that time there was a pending superior court case brought by Jacquelynn (“Jacquelynn”) and William (“William”) Gordon against Roberta for breach of written contract, fraud and deceit, and financial abuse of elder ...
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MEMORANDUM DECISION ON OBJECTION TO CLAIMS OF EXEMPTION1 On May 20, 2014, the court heard the Objection to Claims of Exemption brought on behalf of Federal Deposit Insurance Corporation as Receiver for La Jolla Bank, FSB (“FDIC”). The appearances of counsel were noted on the record. After oral arguments were presented, the matter was taken under submission. BACKGROUND On December 19, 2013, Daniel...
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MEMORANDUM OPINION AND JUDGMENT GRANTING THE MOTION OF THE BARTLETT PARTIES FOR RELIEF FROM THE DISCHARGE INJUNCTION TO LITIGATE THEIR CLAIMS AGAINST DEBTOR IN FEDERAL DISTRICT COURT The Bartlett Parties1 move to modify the discharge injunction to permit them, notwithstanding Debtor Paul Robben’s discharge, to pursue their action in the United States District Court for the District of Kansas agai...
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OPINION Before the Court are the chapter 11 trustee’s motion to reject a lease, filed in case no. 15-12386, and the trustee’s emergency motion for relief from stay, filed in case no. 16-12829. This opinion is issued in both cases because of the significant legal and factual overlap. The main dispute is whether the trustee should be allowed to reject a lease between his estate as lessor and the de...
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MEMORANDUM OPINION Before the Court is the United States Trustee’s (“UST”) Amended Motion to Convert Chapter 11 Case to Chapter 7, or in' the Alternative, Motion to Dismiss (Docket No. 808). (the “Motion”). The Debtor filed its Concurrence with and Response in Support of the Motion (Docket No. 318) (“Concurrence”). Creditors, Lawrence Castleman and Harminder Sian, filed Notices of Creditor’s Pref...
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OPINION Plaintiff First Bank and Trust Co. seeks to deny Defendant Debtor Ondre Reyn*502olds’ discharge pursuant to 11 U.S.C. § 727(a)(2), (4), (5) and (6). In the alternative, Plaintiff seeks to except debt from discharge pursuant to 11 U.S.C. § 523(a)(2) and (6), Plaintiff alleges that Debtor misrepresented possession of collateral, failed to adequately protect collateral, made false statements...
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MEMORANDUM OPINION AND ORDER FOR RELIEF IN INVOLUNTARY PROCEEDING Introduction-Statement of the Case On April 4, 2016 (the “Petition Date”), CO & G Production Group, LLC (“CO & G”), Spoon Resources, LLC (“Spoon”), Acadiana Maintenance Services (“Acadia-na”) and Great American Insurance Company(“Great American”) (collectively, the “Petitioning Creditors”) filed an involuntary proceeding under Chap...
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CORRECTED1 MEMORANDUM DECISION AFFIRMING BANKRUPTCY COURT’S DECISION GRANT-INp TRUSTEE’S SUMMARY JUDGMENT MOTION This is an appeal from the bankruptcy court’s decision granting Duane H. Gill-man’s (“Trustee”) summary judgment motion and ruling that Appellant Christopher Russell profited in the amount of $441,008.97 from a Ponzi scheme carried out by Twin Peaks Financial Services, Inc. and MNK Inv...
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ORDER The Debtor, Andrew Goesel is a chiropractor who filed for protection under Chapter 13 of the United States Bankruptcy Code shortly after the completion of his divorce proceedings. His ex-wife, Christine Goesel, filed a secured proof of claim in the amount of $50,000.00, representing her interest in Florida real property, as memorialized in the parties’ Marital Settlement Agreement. The Debt...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND/OR MOTION FOR MORE DEFINITE STATEMENT AND MOTION TO STRIKE This matter came before the Court for hearing on September 29, 2016, at 3:00 p.m., on the Defendants’ Motion to Dismiss Complaint and/or Motion for More Definite Statement and Motion to Strike (the “Motion”) (ECF # 16). The Court has considered the Moti...
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MEMORANDUM AND ORDER REGARDING BANKRUPTCY APPEAL (Dkt. No. 1) I. Introduction Paul Sagendorph (“Debtor”) is the debt- or in a Chapter 13 bankruptcy proceeding. His amended Chapter 13 plan sought to vest title to certain property in one of his creditors, Wells Fargo Bank, N.A. (“Wells Fargo”). Wells Fargo objected to this provision of the plan, but the Bankruptcy Court overruled the objection and ...
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MEMORANDUM I. INTRODUCTION The matter before the Court is the Motion for Summary Judgment filed by the Plaintiff in this adversary proceeding, the Chapter 7 Trustee of the Debtor - (the “Plaintiff’ or “Trustee”), on Counts I and III of his Complaint, through which he seeks to avoid an alleged fraudulent transfer by the Debtor to the Defendants, Stephen Chiang and Chialin Chiang, who are the Debtor...
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MEMORANDUM DECISION Before the Court is the motion of secured creditor, New York Liens, LLC RAI Custodian (“NY Liens”), to confirm that the automatic stay terminated in this case 30 days post-filing by operation of 11 U.S.C. § 362(c)(3)(A). The Debtor does not dispute that § 362(c)(3)(A) applies because she had a prior bankruptcy case pending within the year preceding the filing of the instant ca...
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DECISION ON SUMMARY JUDGMENT This matter comes before the Court on the motion for summary judgment of William K. Harrington, United States Trustee, Region 2 (“Plaintiff’ or “U.S. Trustee”), requesting the Court to (1) direct MVP Home Solutions, LLC, Silverstein & Wolf Corp., Marcus A. Mullings, Amal M. Balmacoon and John Nelson (collectively the “Defendants”) to forfeit all fees they received fro...
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POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW Alex Spizz, the chapter 7 trustee (the “Trustee”) for Ampal-American Israel Corp. (“Ampal”), filed this adversary proceeding to avoid and recover a single pre-petition transfer made by Ampal in Israel to the Israeli law firm Goldfarb Seligman & Co. (“Goldfarb”) as a preference pursuant to sections 547 and 550 of the Bankruptcy Code. The Court con...
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Re: D.I.: 312, 313, 325, 326, 327, 328, 330, 339, 358, 359, 360, 361, 362, 367 MEMORANDUM This matter is before the Court on the motion (the “Rule 2004 Motion” or “Motion”) 2 of Marc S. Kirschner, as trustee of two trusts created pursuant to the Debt*618ors’ plan of reorganization, seeking authority under Federal Rule of Bankruptcy Procedure 2004 (“Rule 2004”) to take discovery from certain third...
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MEMORANDUM OPINION Plaintiff, Eugene Davis, liquidating trustee (the “Trustee”) for the PCC Liq-. uidating Trust (the “Liquidating Trust”), successor-in-interest to Patriot Coal Corporation (“Patriot”), Panther, LLC (“Panther”), Catenary Coal Company (“Catenary”), and Coyote Coal. Company (“Coyote”) (collectively, the “Debtors”), filed a “Complaint for Turnover of Tax Refund” (the “Complaint”) ag...
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MEMORANDUM OPINION This Memorandum Opinion is issued in support of the Order Granting the Chapter 11 Trustee’s Motion for Entry of Order: (A) Approving Sale of Assets Free and Clear of Liens, Claims, and Encumbrances;-, (B) Approving Assumption and Assignment of Executory Contracts, (C) Approving Settlement of .Claims; and (D) Prohibiting Assertion of Estate Claims, entered on December 21, 2016. ...
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AMENDED MEMORANDUM OPINION AND ORDER DENYING DEBTOR’S MOTION TO RECOVER INVOLUNTARY PREFERENCE This matter is before the Court on the Debtor’s Motion to Recover an Involuntary Preference against the' Internal Revenue Service. Docket No. 17. The IRS has filed an Answer. Docket No, 21. The IRS filed a Brief in support of its position, as did the Debtor. Docket Nos. 22, 24. The Court heard the partie...
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*666MEMORANDUM OPINION Patrick M. Flatley, United States Bankruptcy Judge On November 17, 2016, Corwin Place LLC (the “Debtor”) filed a motion to disqualify the law firm representing Premier Bank’s (“Premier”), its principal creditor. Premier filed a response in opposition to the Debtor’s motion and the court conducted a hearing on the matter on November 30,2016. At the hearing, the court requeste...
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MEMORANDUM OPINION This matter is before the Court on the Debtor Defendant Troy L. Vanwinkle’s Motion to Dismiss Amended Complaint [ECF No. 26]. The Plaintiffs, Lyle Walker and Carl David Crawford, filed this adversary proceeding seeking a judgment that their claim is non-dischargeable pursuant to 11 U.S.C. §§ 523(a)(2)(A) and (a)(6). [ECF No. 1 at 5; ECF No. 24 at 20.] A hearing was held on the ...
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OPINION AND FURTHER ORDER REGARDING THE CHAPTER 7 TRUSTEE’S MOTION TO APPROVE COMPROMISE, AND ADJOURNING THE NOVEMBER 16, 2016 HEARING This case came before the Court on October 12, 2016, for a hearing on the Chapter 7 Trustee’s motion entitled “Motion to Approve Compromise Pursuant to Bankruptcy Rule 9019” (Docket # 51, the “Motion”). For the reasons stated by the Court on the record during that...
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MEMORANDUM OF DECISION AND ORDER The court held a hearing on December 14, 2016, in Grand Rapids, Michigan, to consider the motion of plaintiff Jeff A. Moyer, chapter 7 trustee (the “Trustee”) to amend his complaint against defendants John and Carol Rosich (the “Defendants”). See Plaintiffs Motion for Leave to File First Amended Complaint (the “Motion,” ECF No. 16). The Defendants oppose the Motion...
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MEMORANDUM OF OPINION AND ORDER This case of first impression involving statutory interpretation 26 U.S.C. § 139F(a) is before the Court upon appeals by Debtors-Appellants Melinda Louise Elkins nka Melinda Louise Dawson and Clarence Arnold Elkins, II from the *688same order of the bankruptcy court.1 After an examination of the record, this Court determines that oral argument is not needed. I. On J...
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OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This cause came on for consideration of the Motion for Summary Judgment (Doc. #9) (the “Motion”), filed by Frederick M. Luper, Chapter 7 Trustee (“Plaintiff’), the memorandum in opposition to Plaintiffs Motion (Doc. #11) (the “Response”), filed by Valueland Auto Sales Inc. (“Defendant”), and Plaintiffs reply (Doc. #13) (the “Reply”) to the Respon...
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MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTORS’ HOMESTEAD EXEMPTION, AND ORDER REGARDING ADMINISTRATION OF ESTATE (DOC. NO. 13) This Memorandum Opinion and Order serves as the Court’s findings of fact and conclusions of law for an Objection to Exemptions filed by Clyde C. Hardesty (Trustee), and a Response filed by Austin Chidi Felix and Dorothy Ify Felix (Debtors). Based u...
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MEMORANDUM DECISION The limited issue before the court arises after the appeal of this court’s Order Granting Motion of United Central Bank for Allowance of Secured Claim and Turnover of Collateral Proceeds [Dkt. No. 271] (the “UCB Order”) and Order [Dkt. No. 268] (the “IDOR Order”), each implementing in part this court’s Memorandum Decision [Dkt. No. 267] (the “Proceeds Opinion”).1 The Proceeds ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTOR’S ADVERSARY COMPLAINT TO AVOID AND RECOVER PREFERENCE AND OTHER RELIEF (COUNT 1) Faye T. Pantazelos filed a petition for bankruptcy relief under Chapter 13 of Bankruptcy Code. She then brought this adversary proceeding against her former attorneys in prior bankruptcy cases, J. Kevin Benjamin, Theresa Benjamin, and the firm of Benjamin Brand, LLP, ...
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ORDER David Novoselsky (“Novoselsky”), a resident of Pleasant Prairie, Wisconsin, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Eastern District of Wisconsin. Before the Court is an appeal by Tiberiu Klein (“Klein”), who is proceeding pro se as a creditor of Novoselsky’s bankruptcy estate. Klein appeals from an order of Bankruptcy Judge G. Michael Halfenger ...
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Debtors Todd Allen Crabtree and Ter-ryl Lynn Crabtree (“Debtors”) appeal the August 8, 2016 memorandum decision and order of the bankruptcy court sustaining Trustee Gene W. Doeling’s (“Trustee”) objection to Debtors’ claimed homestead exemption. We reverse and remand for further proceedings consistent with this opinion. BACKGROUND In March 2012, Debtors began making improvements to the real proper...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Appellant The Official Committee of Unsecured Creditors (the “Creditors’ Committee”) appeals the United States Bankruptcy Court’s July 28, 2016 Order Denying Substantive Consolidation. See Am. Notice Appeal [Docket No. 1, Attach. 1]. For the reasons set forth below, the Order of the Bankruptcy Court is affirmed. II. BACKGROUND On January 16, 2016, the ...
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ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE TO THE UNITED STATES BANKRUPTCY COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA AND DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS Before the Court is Defendants Davol, Inc., Bard Devices, Inc. and C.R. Bard, Ine.’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Dkt. No. 35.) Alternatively, Defenda...
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OPINION AND ORDER DENYING, IN PART, MOTION TO QUASH SUBPOENAS FOR RULE 2004 EXAMINATION I. Introduction. The Federal Rules of Civil Procedure and Federal Rules of Bankruptcy Procedure are designed to promote the “just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. But, the procedural rules also contain many traps for the unwary. The traps can be all the...
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*778MEMORANDUM OPINION Before the Court is the Trustee’s Motion to Enforce Carveout for General Unsecured Creditors (“Motion”) filed by Craig H. Dill, Chapter 7 Trustee (“Trustee”). See Docket No. 509. The Motion requests the Court to enforce an order that provides for distribution of certain settlement proceeds to “general unsecured creditors.” See Stipulation and Agreed Order between Virtual Re...
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*786ORDER DENYING MOTION TO REOPEN CASE This matter is before the Court on the Motion to Reopen Chapter 7 and Notice of Opportunity for Hearing filed by the Debtors, Delton James Eastep, II and La-Donna Gayle Eastep (“Debtors”) on December 1, 2016, (the “Motion”) [Doc. 45]. The Motion seeks authority to reopen this bankruptcy case in order that Debtors may file a reaffirmation agreement out of ti...
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MEMORANDUM OPINION DENYING PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIM FOR LACK OF JURISDICTION This Adversary Proceeding is before the Court on Motion to Dismiss Defendant’s Counterclaim filed by Westlake Flooring Company, LLC, d/b/a Westlake Flooring Services (hereinafter “Westlake Flooring”) for lack of subject matter jurisdiction and lack of standing. The Court has reviewed the Def...
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MEMORANDUM DECISION This Adversary Proceeding came before the Court for an evidentiary hearing on September 27, 2016, on Plaintiff USAmeri-Bank’s (“Bank”) Motion to Alter and Amend. (Doc. 25). For the reasons set forth below, the motion is DENIED. I. FACTS A. Procedural History On January 22, 2016, Freddie Lewis Strength filed a petition in bankruptcy *802pursuant to Chapter 7 of the Bankruptcy C...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon Motion for Leave to File State Court Action against Trustee, Aaron R. Cohen, Pursuant to 28 U.S.C.A. § 959(b) (the “Motion for Leave”) (Doc. 68). The Court conducted a trial on the matter on October 5, 2016. At the conclusion of the trial, the Court took the matter under advisement. Upon the evidence and the applicable la...
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ORDER The primary issue in the trial of this adversary proceeding is whether the Plaintiff, when he renewed a loan for more than $400,000, actually and reasonably, relied on the Debtor’s personal financial statement which showed a net worth of about $12,500,000 when the Debtor’s net worth was really closer to zero, but which financial statement contained one or more known material inaccuracies an...
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OPINION AND ORDER Plaintiff LM Waste Service Corp. (“LM Waste”) commenced the adversary proceeding of caption against the Municipality of Juana Diaz (the “Municipality”) for the turnover of property under section 542 of the Bankruptcy Code, collection of monies, and breach of contract and against Andres Reyes Burgos, Inc. (“ARB”) for the tor-tious interference with a service contract LM Waste had...
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DECISION AND ORDER ON MOTION TO DISMISS OF RHODE ISLAND DIVISION OF TAXATION The Rhode Island Division of Taxation (“Division”) moves to dismiss plaintiff-debtor Jason Boudreau’s adversary proceeding in which he seeks a declaration that the claims of each of the defendants are dischargeable in accordance with 11 U.S.C. § 727.1 Doc. #20. Mr. Boudreau is proceeding pro se in this matter. This Decis...
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OPINION AND ORDER The Court finds that when a bank acts only as a substitute for cash, there is no 11 U.S.C. § 546(e) shelter for payees receiving money from a debtor’s account. If sued, they must defend on the merits. Not on § 546(e) “safe harbor”. Section 546(e) provides a “safe harbor” for certain transactions involving transfers “by” a financial institution. Here, a bank’s only involvement in ...
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MEMORANDUM OPINION AND ORDER FINDING THAT THE BERMUDA INSURERS VIOLATED THE BARTON DOCTRINE This is the fourth written opinion in this adversary proceeding since it was filed on October 27, 2016, with each of the opinions addressing whether this Court or a court in Bermuda can and will address the claims and defenses arising in this case, including whether the underlying disputes must be arbitrat...
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MEMORANDUM OPINION Before the Court is Debtor Joseph Gras-so’s pro se appeal from the Bankruptcy Court’s September 15, 2015 order granting motions for summary judgment filed by the appellees, Marshall J. Katz, Madison Capital Company, LLC, and Christine C. Shubert, Chapter 7 Trustee for the Estate of Joseph Grasso. For the following reasons, the Bankruptcy Court’s Order will be affirmed. I. PROCE...
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MEMORANDUM OPINION After the Debtor, now deceased, defaulted on her mortgage, Capital One Bank— holder of a first mortgage on the Debtor’s homestead—commenced foreclosure proceedings against the Debtor. Capital One obtained a final judgement of foreclosure and the holder of a second mortgage on the homestead, Fifth Third Bank, was the successful bidder at the subsequent sheriffs sale purchasing t...
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ORDER On this date, the Court considered the status of the above captioned case and the parties’ briefing regarding the applicability of a bankruptcy stay. After careful consideration, the Court finds that the bankruptcy stay does not apply. Further, Plaintiff has until December 22, 2016 to respond to Defendant Broadway National Bank’s Partial Motion to Dismiss (Docket no. 7). Finally, Plaintiff i...
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MEMORANDUM OF DECISION & ORDER After discovering that Ricki K. Bremer (the “Debtor”) had filed a chapter 13 bankruptcy petition while her current chapter 7 case remains pending,1 the court issued an Order to Show Cause dated December 22, 2016 (the “Show Cause Order,” ECF No. 8), directing the Debtor to explain why the court should not dismiss the Chapter 13 Case as prohibited per se or as a bad f...
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OPINION AND ORDER DENYING MOTION FOR RELIEF FROM THE AUTOMATIC STAY This cause came on for hearing on November 18, 2016 (the “Stay Hearing”), upon the Motion for Relief from the Automatic Stay (Doc. #29) (the “Motion”), filed by Natures Products, Inc. (“Creditor”), and the objection to the Motion (Doc. #35) (the “Objection”) and supplemental memorandum thereto (Doc. #46) (the “Supplement”), filed...
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*916MEMORANDUM & ORDER Pending before the court is a Motion for Judgment on the Pleadings (Docket No. 21) filed by the defendant, Volvo Group North America, LLC (“VGNA”), to which the plaintiffs, Patrick and Charlotte Fin-ney, have filed a Response in opposition (Docket No. 28), VGNA has filed a Reply (Docket No. 29), and the plaintiffs have filed a Sur-Reply (Docket No. 32). For the reasons disc...
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DECISION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION The issue is whether veterans’ disability benefits (“VA Benefits”) must be included in a debtor’s disposable income for payment to creditors under a Chapter 13 plan. The Debtors filed a Chapter 13 petition on July 20, 2016. The Trustee objected to confirmation under 11 U.S.C. § 1325(b)(1)(B), contending that the Debtors’ plan .does ...
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