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All Reporters → br → Volume 587
Opinions in br Volume 587
Plaintiff Penson Technologies LLC, as the successor in interest to Debtor SAI Holdings, Inc. ("SAI") and Debtor Penson Financial Services, Inc. ("Penson"), initiated this post-confirmation adversary proceeding objecting to Defendant Schonfeld Group Holdings LLC's proof of claim and seeking to recover damages for breaches of contracts. Defendant poses multiple challenges to Plaintiff's choice of fo...
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INTRODUCTION 2
Before the Court is a sua sponte Order wherein the parties were asked to brief three issues, i.e. , whether the Proceeding should be dismissed for lack of subject matter jurisdiction, if the Court should abstain from hearing the Proceeding, or if the Court should remand the Proceeding to state court.
The law of the case doctrine and a review of the jurisdictional issues under Third ...
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*45INTRODUCTION 2
Before the Court is Defendant's Rule 12(b)(1) Motion to dismiss the Trustee's single-count Complaint seeking payment for services previously rendered.
The Motion incorporates both factual and facial challenges to the Adversary Proceeding's subject-matter jurisdiction. As a threshold matter, the Court finds that the factual challenges should not be reviewed at this time because th...
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This is an appeal from orders of Judge Vincent F. Papalia of the U.S. Bankruptcy Court for the District of New Jersey. The debtor, a hospital, was sold free and clear in bankruptcy after due notice to creditors, including the plaintiff, who then remained silent but now seeks to assert her claims against the purchaser. Three orders are relevant:
(1) Order dated January 21, 2016, authorizing, inter ...
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Michael and Bonita McDougall (McDougalls) appeal the bankruptcy court's (1) judgment in favor of defendant AgCountry Farm Credit Services, PCA (AgCountry) in an adversary proceeding filed by Kent M. McDougall and Erica M. McDougall (Debtors); and (2) order denying a motion to alter or amend judgment. The McDougalls have asked us to consider the validity of a lien of AgCountry on property owned by ...
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Dennis Michael Thiel, Jr. ("Debtor") appeals the January 23, 2018 judgment of the bankruptcy court1 revoking Debtor's discharge. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). We affirm. BACKGROUND Debtor filed a petition for relief under chapter 7 of the bankruptcy code on February 13, 2015. David G. Velde ("Trustee") was appointed trustee. On the schedule of personal prope...
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FILED
JUN 28 2018
1 ORDERED PUBLISHED
SUSAN M. SPRAUL, CLERK
2 U.S. BKCY. APP. PANEL
OF THE NINTH CIR...
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Ameriflex Engineering LLC (Ameriflex) filed the instant adversary complaint seeking to subordinate the unsecured claim of creditor Michael Zoller to all other claims and interests pursuant to 11 U.S.C. § 510(b).1 The parties have each filed motions for summary judgment on the ultimate issue of application of the statute. They have supported their motions with concise statements of material facts, ...
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This matter comes before the Court on appellant, New Investments Inc.'s ("New Investments") appeal from the Bankruptcy Court's final judgment entered on August 26, 2016. Dkts. 1, 17, 18. Appellee, Altanatural Corporation ("Altanatural"), filed a brief in opposition, Dkt. 21, and New Investments filed a reply, Dkt. 22.
New Investments filed for Chapter 11 bankruptcy and subsequently entered into a ...
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The defendants move to dismiss this adversary proceeding (the "AP") or, alternatively, to transfer venue of the AP (AP Doc. 13) (the "Motion"),1 relying on a "jurisdiction" clause contained in the certificate of insurance that forms the basis of the alleged causes of action. (See AP Doc. 1.) The plaintiff (and debtor in a related chapter 11 bankruptcy case) opposes the Motion (AP Doc. 29) (the "Re...
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This Adversary Proceeding is before the Court on Defendant's Offer of Judgment (Docs. 26, 27), Plaintiff's Motion for Additional Attorney Fees (Doc. 30), and Defendant's Response to the Motion for Additional Attorney Fees (Doc. 32). Plaintiff argues that she accepted Defendant's Rule 68 Offer of Judgment and is now entitled to recover additional attorney's fees pursuant to 11 U.S.C. § 362(k). For ...
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Page 167
THIS CAUSE came before me on February 14, 2018, on Motion of Toyota Lease Trust ("Toyota") for an Order Confirming the Automatic Stay is not in Effect Pursuant to 11 U.S.C. § 365(p)(2)(B) (ECF # 49) ("Toyota's Motion"). Because of issues that arose between Abraham Abdemur (the "Debtor") and Toyota during the course of crafting what was supposed to be an agreed order, I am now required to resolve w...
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Page 173
Lisa Ritchey Craig, U.S. Bankruptcy Court Judge *177Before the Court is the Motion for Summary Judgment, filed by Charles M. Langevin ("Defendant"). The Motion arises in connection with an amended complaint (the "Complaint") filed by Guy G. Gebhardt, former Acting United States Trustee and prosecuted by Daniel M. McDermott, United States Trustee ("Plaintiff"). The Complaint seeks a finding that De...
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Before the Court are the following pleadings:
1) The Defendant's Motion for Stay and Objection to Proposed Scheduling Order, filed by the Defendant-Chapter 7 Debtor named above (the "Debtor"), who is pro se , on January 10, 2018 (Docket No. 12)(the "Motion");
2) The Plaintiff's Response to Defendant's Motion for Stay and Objection to Proposed Scheduling Order, filed by the Plaintiff-United States ...
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Having carefully considered the parties' arguments and applicable law, the Court finds the parties entered into a lease agreement, which the Bankruptcy Code requires a debtor to timely reject or assume. Therefore, subject to the limitations set forth in the accompanying order, the Court GRANTS the Motion. FACTUAL FINDINGS Prior to filing this case, the Debtor entered into an agreement regarding th...
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Robert Bailey seeks a determination that the debt owed to him by Ronald Reed was not discharged in Mr. Reed's chapter 7 case. Mr. Bailey contends that the debt is excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(6). For the reasons described below, judgment will enter in favor of Mr. Reed.
I. Findings of Fact
The following facts are drawn from the evidence admitted at ...
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Before the Court is the "Defendant's Motion for Summary Judgment" (the "Summary Judgment Motion") filed by CIT Bank, N.A. ("CIT"), the defendant in this adversary proceeding and a party in interest in the underlying Chapter 13 bankruptcy case filed by Stephen A. D'Alessio (the "Debtor"). In his complaint, the Debtor seeks, inter alia , a declaratory judgment that CIT is not entitled to foreclose a...
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In this adversary proceeding brought by three allegedly defrauded investors seeking denial of the debtor's discharge or, in the alternative, the excepting of their debts from the debtor's discharge, the plaintiffs request an order compelling the debtor's wife, Sheryl Simon, to testify about the substance of certain conversations she had with her husband. The conversations involved loan transaction...
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Before the Court is plaintiff Chapter 7 Trustee Wilfredo Segarra Miranda's (hereinafter "Trustee") request for judgment on the pleadings regarding avoidance and preservation actions. The Court must address whether the Trustee may avoid an unrecorded mortgage and preserve it for the benefit of the estate. Insomuch as Puerto Rico law provides that a mortgage is inexistent unless it is registered, th...
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Bissett Nursery Corporation ("Plaintiff") commenced this adversary proceeding seeking to deny the discharge of Douglas L. Meyer ("Mr. Meyer") and Mary V. Meyer ("Mrs. Meyer") (collectively the "Debtors") pursuant to 11 U.S.C. § 727(a)(6)(A) for failure to comply with Fed. R. Bankr. P. 2004 requests as ordered by the Court ("2004 Order").
On January 23, 2018, a trial was held to determine whether t...
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Page 243
Pending before the Court is the objection (the "Objection," ECF Doc. # 29) filed by the debtors Daniel Benyamin and Lucy Benyamin (the "Debtors") to Claim # 5-1 (the "Claim") filed by Ditech Financial LLC ("Ditech") for $455,424.72. The issue here is important and straightforward. The Debtors signed the promissory note, a New York Fixed Rate Note, on December 3, 2003, in favor of IndyMac Bank, F.S...
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Page 253
Before the Court is the motion (the "Motion") [ECF No. 232] of Antonio Reinaldo Rabelo Filho, the foreign representative for the debtors in the above-captioned Chapter 15 cases (collectively, the "Chapter 15 Debtors"), requesting that this Court give full force and effect and grant comity in the United States to the foreign restructuring plan (the "Brazilian RJ
*256Plan") confirmed in their Brazil...
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Appellant, the former Official Committee of Unsecured Creditors ("Committee") appointed under 11 U.S.C. § 1102(a)(1) in the chapter 11 cases of Constellation Enterprises LLC and nine related companies ("Debtors"), has appealed the Bankruptcy Court's denial of a settlement approval *278motion (B.D.I. 963)1 ("Settlement Denial Order") (Civ. No. 17-757) and the Bankruptcy Court's order granting Debto...
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Page 287
Law Solutions Chicago LLC, trading as Upright Law LLC, (which I will refer to as Upright Law or, simply, Upright), is an Illinois-based entity "partnering" with over 400 lawyers nationwide providing consumer bankruptcy services to 6000 plus individuals throughout the country. That entity, and its regional partner, Kevin Tanribilir, (hereinafter "Tanribilir"), are the subject of this sanction motio...
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Sue Reagan, a chapter 7 debtor, seeks to discharge her student loans despite enrolling *298in an income-based repayment plan ("IBR Plan") that reduced her monthly payments to $0. The Educational Credit Management Corp. ("ECMC")-a seasoned veteran of this line of litigation-says this should stop her at the summary-judgment stage. It argues Reagan has not pled sufficient facts to show she cannot mai...
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Toys "R" Us-Delaware, Inc. ("TRU"), one of the Debtors in these jointly administered chapter 11 cases, currently rents space in a retail shopping center from Brea Union Plaza I ("Brea I"). TRU, in connection with a court-approved auction of certain real property and unexpired leases, is seeking final approval of the assumption and assignment of its lease with Brea I to Burlington Coat Factory Ware...
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*314Before the Court is Appellant Living Benefits Asset Management, LLC's ("LBAM") Brief (ECF No. 8), filed September 2, 2017; Appellee Kestrel Aircraft Company, Inc.'s ("Kestrel") Brief (ECF No. 11), filed October 2, 2017; and Appellant's Reply (ECF No. 12), filed October 17, 2017. This action is before the Court on appeal from of an order of the United States Bankruptcy Court for the Northern Di...
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Appellants in this bankruptcy appeal seek review of three orders entered by the bankruptcy court. First, on July 18, 2017, the Bankruptcy Court entered a Memorandum Opinion and Order sustaining the Chapter 13 Trustee's objections to confirmation of Appellants' proposed Chapter 13 plan, and instructing Appellants to submit an amended Chapter 13 plan within 14 days. Docket no. 9 at 14. Second, on Au...
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Page 327
On May 16, 2018, chapter 7 trustee Jeff A. Moyer (the "Trustee") filed a Motion to Compel Turnover (ECF No. 28, the "Motion"), seeking to compel counsel for debtors Michael and Patricia Dawson (the "Debtors") to relinquish specified documents concerning a prepetition garnishment. The Debtors and their counsel, Cheryl L. Chadwick, filed an Objection to Motion to Compel Turnover (ECF No. 31, the "Ob...
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Page 330
Before the court is Debtor's Motion for Rule to Show Cause [Dkt. No. 97] (the "Motion") brought by George E. Ludkowski (the "Debtor"), the debtor in the above-captioned bankruptcy case (the "Case"). In the Motion, the Debtor seeks damages for an alleged violation of the automatic stay by The Law Firm of Wendy R. Morgan ("Morgan").1
The determination of the Motion rests, in part, on the concurrent ...
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Page 347
Eastern Savings Bank, FSB ("Eastern") has objected to the confirmation of Debtor *348Hade Reynolds' ("Debtor") Modified Chapter 13 Plan filed on May 23, 2018. (Dkt. No. 28.) For the reasons discussed below, Eastern's Objection will be sustained by this order. UNDISPUTED FACTS 1. Debtor filed his petition for Chapter 13 bankruptcy relief on February 5, 2018. (Dkt. No. 1.) 2. Eastern has two mortgag...
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Page 349
I. BACKGROUND
On June 19, 2017, Gwendolyn Washington ("Debtor") filed a Chapter 13 voluntary petition. Previously, on August 1, 2012, Debtor obtained a discharge in a Chapter 7 proceeding. On July 10, 2017, Debtor filed a motion to avoid lien with "Option One Mortgage Corp serviced by Real Time Resolutions Inc." This lien predated the petition date of Debtor's Chapter 7 case. On August 8, 2017, th...
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Page 356
I. BACKGROUND
On June 19, 2017, Gwendolyn Washington ("Debtor") filed a Chapter 13 voluntary petition. Previously, on August 1, 2012, Debtor obtained a discharge in a Chapter 7 proceeding. On July 10, 2017, Debtor filed a motion to avoid lien with "Option One Mortgage Corp serviced by Real Time Resolutions Inc." This lien predated the petition date of Debtor's Chapter 7 case. On August 8, 2017, th...
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Page 363
Before the Court is the chapter 13 trustee's request for guidance about how to respond to a tax levy she received from the State of New Mexico, attempting to levy on money owed to the debtor's bankruptcy counsel. Before the levy, the Court had confirmed a chapter 13 plan and approved $2,940.30 as compensation for counsel's services. The trustee had written a check to counsel for his approved fees,...
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Janice D. Loyd, U.S. Bankruptcy Judge *375Arising out of litigation history extending back nearly a decade, in this multi-pronged adversary brought by the Debtor against his residence mortgagee, he seeks the judgment of this Court (1) disallowing the mortgagee's proof of claim on the basis that the mortgagee does not have standing to assert the same, (2) disallowing the mortgagee's proof of claim ...
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In four of these administratively consolidated adversary proceedings,1 Plaintiff, Chapter 7 Trustee Christine Herendeen, ("Plaintiff") has moved for partial summary judgment on Counts IV and VII of her complaints (the "Complaints") and on the Ninth and Twelfth Affirmative Defenses asserted by Defendant Regions Bank ("Regions") (the "Summary Judgment Motions"). For the reasons set forth below, the ...
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Introduction
Before the Court is a motion to compel arbitration by defendant Firstmark Services ("Firstmark"). Firstmark seeks an order referring the parties to arbitration with respect to the claims set forth in Tashanna Golden's complaint, and argues that the Federal Arbitration Act requires that this Court compel arbitration pursuant to an arbitration agreement between Firstmark and Ms. Golden....
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*431Introduction
Before the Court is a motion to compel arbitration by defendants Navient Solutions, LLC, Navient Credit Finance Corporation, and Sallie Mae, Inc. (the "Defendants"). The Defendants seek an order referring the parties to arbitration with respect to the claims set forth in Hilal Khalil Homaidan's complaint, and argue that the Federal Arbitration Act requires that this Court compel a...
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DECISION & ORDER
Bucki, U.S.B.J.
During the pendency of this case in Chapter 13, the debtors executed a stipulation to extend the time to object to the discharge of a debt. Thereafter, the conversion of this case to Chapter 7 established a new deadline to challenge dischargeability. Now at issue is whether the earlier stipulation continues to apply even after conversion, so as to allow an adversar...
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INTRODUCTION
Before the Court is the defendants' (the "Defendants") motion to dismiss (the "Motion to Dismiss") Counts X-XII, XIV-XVIII in the above captioned adversary action for failure to state a claim upon which relief could be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the Court grants, in part, the Defendants Motion to Dismiss. Specifically...
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Page 469
This case is before this court for a decision on the Chapter 13 trustee's objection to confirmation of the debtor's proposed Chapter 13 plan. The court held a hearing on confirmation of the plan on April 24, 2018. The relevant facts are not in dispute. After hearing the legal arguments of counsel, the court held this matter under advisement. After due deliberation and consideration of the facts an...
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Page 475
This matter comes before the court upon the Motion for Relief from Automatic Stay ("Motion") filed by Lori Parker ("Ms. Parker") on April 24, 2018 and the Response thereto filed by Brian Joseph Guy ("Debtor") on May 11, 2018. The court conducted a hearing on June 21, 2018 in New Bern, North Carolina. Russell C. Alexander, Esq. appeared for Ms. Parker, Janice Joyner Panza, Esq. appeared for the Deb...
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Page 481
Pending before the court is a dispute over whether Terrence and Christina Combs (the "Debtors") are eligible to be debtors in bankruptcy. On April 25, 2018, they voluntarily dismissed a previous case (Case No. 17-bk-1148) and filed this case on April 30, 2018. With the new filing, the Debtors seek the extension of the automatic stay under § 362(c)(3)(B) of the Bankruptcy Code. FNB Bank, Inc., the ...
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Page 487
This adversary proceeding is before the Court on the Court's own motion, and also on the motion for remand filed on July 10, 2018 by the Defendant Indiana Airport Authority (Docket # 2, the "Remand Motion"). *488On July 9, 2018, Plaintiff/Debtor Indiana Hotel Equities, LLC commenced this adversary proceeding by filing in this Court a notice of removal (Docket # 1, the "Removal Notice"), purporting...
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Page 488
After the court declined to confirm debtor Darcy A. Hager's chapter 13 plan, Ms. Hager retained new counsel, Kerry D. Hettinger, Esq., to assist her in proposing and prosecuting a revised, confirmable plan. Mr. Hettinger took on the Debtor's case, assisted her in revising her plan, and persuaded the court to confirm it, over the objections of creditor Lawrence W. Newmeyer, Esq. Mr. Hettinger then ...
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Page 492
Associated Bank, N.A., a secured creditor, objects to confirmation of the amended Chapter 13 Plan proposed by Anthony Miceli. (ECF No. 30.) Associated Bank objects to the Debtor's proposal to distribute smaller monthly payments to the secured creditor for its mortgage arrearage claim until the allowed claim of the Debtors attorneys is paid in full, after which the payments to the creditor will inc...
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This matter is before the Court on the adversary complaint filed against Robert J. Ferrari (the "Debtor") by plaintiff David R. Brown, not individually but as the chapter 7 trustee for the Debtor's bankruptcy estate (the "Trustee"). The Trustee objects to the Debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A), (a)(3), and (a)(5) of the Bankruptcy Code.1 For the reasons outlined below, the Co...
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The matter before the court arises out of the Adversary Complaint Objecting to and Opposing Dischargeability of Debt [Adv. Dkt. No. 1] (the "Complaint"), filed by Anthony Kontos (the "Plaintiff"), Independent Administrator of the Estate of Charles Vournazos (the "Decedent") in the above-captioned adversary case (the "Adversary"). The Complaint seeks a determination of dischargeability of debt unde...
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THIS MATTER is before the Court on appeal from the bankruptcy court. The FDIC-R (Venture Bank's receiver) appeals the Bankruptcy Court's determination that Chapter 7 debtor Venture Financial Group (Venture Bank's owner) was entitled to $8,000,000 in carryback of loss tax refunds, and that FDIC-R was not.
The Bankruptcy Court determined that VFG had the contractual right to file tax returns on beha...
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Defendant Kice Industries, Inc. (Kice), moves for summary judgment on the Chapter 7 Trustee's preference claim under 11 U.S.C. § 547.1 Kice was a subcontractor *552of Debtor WB Services, LLC (Debtor), which was the prime contractor for the construction of a project on property owned by East Kansas Agri-Energy, LLC (EKAE or Owner). Within 90 days before Debtor filed for relief under Chapter 7, EKAE...
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3) All pending motions are DENIED AS MOOT . *5734) The Clerk is DIRECTED to close this adversary proceeding. SO ORDERED....
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Page 573
In both of these chapter 13 cases, creditors holding mortgages on the debtors' real property have objected to confirmation of the debtors' plans. Both objections argue that the Court must deny confirmation because the chapter 13 plans include balloon payments in violation of § 1325(a)(5)(B)(iii)(I) of the Bankruptcy Code. Under that subsection, if a chapter 13 plan includes periodic payments on a ...
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I. INTRODUCTION
Before the court is an adversary proceeding commenced by Donald Aslan ("Mr. Aslan" or the "Plaintiff"), seeking a determination that the defendant, Peter J. Cortez, Jr. ("Mr. Cortez" or the "Defendant") should be denied his discharge pursuant to 11 U.S.C. § 727(a)(3) for failing - without *581justification -- to keep or preserve records from which his financial condition might be a...
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The pro se plaintiff, Darren P. Zapotocky, brings this action alleging that CIT Bank, N.A., breached his reverse mortgage contract by requiring him to obtain flood insurance. Zapotocky also challenges *592a foreclosure judgment entered against him in Connecticut state court.
CIT now moves pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss this action for lac...
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Pending before the Court are three motions for entry of default judgments (collectively, the "Motions") filed in three adversary proceedings (the "Adversary Proceedings") in the bankruptcy case of Advance Watch Company Ltd. and its affiliated debtors and debtors in possession (the "Debtors") by Peter Kravitz, as Creditor Trustee of the Creditor Trust of Advance Watch Company Ltd. (the "Plaintiff")...
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Page 606
I. INTRODUCTION1
On June 18, 2014 the court issued an opinion finding the appeals equitably moot for the above-captioned bankruptcy appeals filed by Wilmington Trust Company ("Wilmington Trust"), Aurelius Capital Management, LP ("Aurelius"), Law Debenture Trust Company of New York and Deutche Bank Trust Company Americas (the "Appellants"), and EGO-TRB, LLC ("EGI"). (D.I. 93.) Although Tribune Medi...
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The Chapter 7 Debtor removed a state court divorce action to the Bankruptcy Court. His wife, the plaintiff in the state court, moved to remand the matter. She also sought relief from the automatic stay to have the state court determine equitable distribution and other marital issues. I will permissively abstain from hearing the divorce action, which will be remanded to State Court. Limited relief ...
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(4) all other remaining requested relief in SGC's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is denied ; and (5) pursuant to Fed. R. Bankr. P. 7012(a), SGC shall file a responsive pleading within fourteen (14) days from entry of this Order. AND IT IS SO ORDERED....
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Page 656
This matter is before the Court on a Motion to Dismiss filed by the United States Trustee on November 2, 2017 [Docket No. 28]. Debtor Dean Randall Bozard ("Debtor") filed a response to the Motion on November 22, 2017 [Docket No. 30]. A hearing was held on May 8, 2018. At the conclusion of the hearing the Court took the matter under advisement and now issues this Order. BACKGROUND 1. Debtor filed a...
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Page 668
This case comes before the court on the Chapter 13 Trustee's ("Trustee") Motion to Dismiss Case ("Motion"), filed on January 11, 2018. [Doc. # 34]. Creditors First Federal Bank of the Midwest ("First Federal") and Skymark Refuelers, Inc. ("Skymark") also filed Objections to Debtor's Chapter 13 Plan seeking dismissal of Debtor's case. [Doc. ## 31, 33]. After an initial hearing on the Motions/Object...
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This matter is before this Court on the Joint Motion to Approve Procedures for the Miscellaneous Proceeding Required by the Settlement Agreement and Release ("Joint Motion") [Docket Number 36]. A hearing on the Joint Motion was held May 9, 2018 during which this Court rendered *680an oral decision disapproving the procedures set forth in the Joint Motion and providing a basic outline of this Court...
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This matter comes before the Court on appeal from the Bankruptcy Court. Appellant Midstate Finance Company ("Midstate") appeals the Bankruptcy Court's order, entered on November 29, 2016, confirming Appellees Justin and Cathy Peoples's (the "Debtors") Chapter 13 plan. The Court heard oral arguments in this matter on March 14, 2018. For the reasons stated herein, the Court will AFFIRM in part and R...
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Debtor Laurina Kim Bukovics ("Plaintiff") filed for bankruptcy relief under chapter 7 of the Bankruptcy Code on November 9, 203 5. That case was closed without a discharge on March 7, 2016 for Plaintiff's failure to file Official Form 423. On April 10, 2017, Plaintiff moved to reopen her bankruptcy case in order to file a complaint against Navient Solutions LLC ("Navient") seeking to discharge her...
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MEMORANDUM OPINION ON FEE APPLICATION OF DEBTOR'S COUNSEL FOR WORK PREPARING THE "MOTION TO APPROVE DISCLOSURE STATEMENT"
[DKT. NOS. 428, 446, 452]
Jack B. Schmetterer, United States Bankruptcy Judge *710Counsel for Debtor Quadrant 4 System Corporation ("Quadrant 4"), the law firm of Adelman & Gettleman, Ltd., has submitted two interim fee applications [Dkt. Nos. 446 & 452] in this case, directing...
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On February 17, 2018, the United States Bankruptcy Court filed a Report and Recommendation (R & R) and proposed findings recommending that this Court grant Chapter 7 Trustee-Plaintiff Jason Rund's motion for summary adjudication on his claim that Defendants made fraudulent transfers with actual intent. Defendants John Kirkland and Poshow Ann Kirkland (as trustee of the Bright Conscience Trust) obj...
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Before the Court is Plaintiff Thomas Misik's ("Misik") appeal of the Bankruptcy *725Court's order judgment in favor of Defendant Thomas D'Arco ("D'Arco") on Misik's claims under 11 U.S.C. §§ 523(a)(2), (a)(4) and (a)(6) seeking to deny D'Arco a discharge of his debt to Misik. I. BACKGROUND This case arises out of Plaintiff Misik's attempts to recover $150,000 that he lent to Martin Ballardo ("Ball...
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*733Plaintiffs FTE Networks, Inc. and its wholly owned subsidiary Jus-Com, Inc. (referred to collectively as "FTE") brought this adversary proceeding seeking to except a debt from the discharge of defendant, chapter 7 debtor Ronald Ivie, Jr. ("Ivie"), under § 523(a)(6).1 The matter was tried on October 18 and 19, 2017.2 After the parties submitted written closing arguments, the matter was taken un...
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Page 743
This cause is before the Court on the appeal by Robert C. Furr, the Chapter 7 Trustee, ("Appellant" "Trustee") of the bankruptcy court's (1) Consolidated Order Granting Motions to Dismiss, dated July 27, 2017; (2) Final Judgment dated July 28, 2017; (3) Order Denying in Part Omnibus Motion of Plaintiff and Setting Hearing Thereon, dated August 28, 2017 and (4) Order Denying Motion to Reconsider Or...
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By its complaint in the above-captioned adversary proceeding, the Elizabeth W. Ackerman Trust U/A/D 12/18/1967 ("the Trust"), by and through its co-trustees, Lawrence Litvak and Timothy R.J. Mehrtens, seeks a determination that certain unliquidated and disputed liability of the defendant and chapter 7 debtor, Jeffrey Ross Ackerman ("Jeffrey" or "the Debtor"), a former trustee of the Trust, to the ...
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Debtor Jason Boudreau commenced this adversary proceeding against the Internal Revenue Service ("IRS") seeking a determination that his federal income taxes assessed for the years 2008, 2009, 2010, and 2011 are dischargeable.1 (For ease of reference, these tax years will be referred to collectively as the "Tax Years.") The parties filed cross-motions for summary judgment, and the Court heard oral ...
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Plaintiff Makenna Bennett ("Plaintiff") filed an action seeking, inter alia , to recover compensatory damages from FCA US LLC f/k/a Chrysler Group, LLC ("New Chrysler") arising from a 2015 accident involving a 2004 Dodge Durango (the "Vehicle") in which she was a passenger.1 New Chrysler has moved to dismiss the claims based on negligence and failure to warn as alleged in her second cause of actio...
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Page 819
Before the Court is the Order to Show Cause, dated April 19, 2018 [ECF No. 21], issued to Raymond Ragues, Esq. as counsel for Vincent D'Arata, the debtor in the above-captioned Chapter 7 case (the "Debtor" or "Mr. D'Arata"). The Court issued the Order to Show Cause based on two letters from the Debtor that complained about the conduct of his counsel. See Letter of Vincent D'Arata, dated April 2, 2...
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Page 829
*831Rebecca Rice, Esq., Cohen & Rice, Rutland, Vermont, For the Debtor
Jan M. Sensenich, Esq., Office of the Chapter 13 Trustee, Norwich, Vermont, As the Standing Trustee
Heather Z. Cooper, Esq., Facey Goss & McPhee, P.C., Rutland, Vermont, For Jennifer Soutar
MEMORANDUM OF DECISION
GRANTING MOTION FOR RECONSIDERATION OF THIS COURT'S INTERPRETATION OF § 362(C)(3)(A), DENYING MOTION TO ADOPT LIMITE...
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INTRODUCTION 1
Before the Court is a Motion seeking interpretation and enforcement of provisions *851of the Cubic Plan concerning the possible release, discharge, and injunction of claims and causes of action, particularly any claims against the Movants relating to the Louisiana Judgment.
Upon review of the relief requested and the facts herein, the Court finds that any decision it could currently...
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The matters before the court are the Motion to Remand and Abstain filed by TCI Triangle, Inc. ("TCI") on March 29, *8602018, Dkt. 17 and the Motion to Remand filed by McGrath RentCorp ("McGrath") on March 29, 2018, Dkt. 22 (collectively, the "Motions to Remand"). A response in opposition was filed by twelve third-party defendants on April 19, 2018, Dkt. 27 (the "Response"). A hearing was held in R...
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Before the Court are separate but related motions to dismiss this adversary proceeding filed by Defendants Happy State Bank (HSB); Shannon T. Burdett; OPR H2O, LLC (OPR H2O); Outpost Ranches, Ltd. (Outpost); and Panhandle Enterprises, Inc. (Panhandle) (collectively, Defendants). The complaint initiating this adversary, filed by Jerry Artho (dba Artho Cattle) on February 8, 2017, alleges several ca...
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I. INTRODUCTION
The dispute at bar is governed by Federal Rule of Civil Procedure 60(b) for which there is voluminous case law; hence, this Court would not ordinarily issue a Memorandum Opinion involving this rule. However, the dispute at bar involves a Rule 60(b) motion filed in a lawsuit removed from state court, and there is split case law as to whether the Rooker - Feldman doctrine applies in ...
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