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All Reporters → br → Volume 589
Opinions in br Volume 589
Emmet G. Sullivan, United States District Judge *2In November 2016, Appellant Aihua Palmour initiated an adversary proceeding against Debtor-Appellee Kimberly Budd in the United States Bankruptcy Court for the District of Columbia ("Bankruptcy Court"). After a trial, the Bankruptcy Court dismissed Ms. Palmour's complaint. Months later, the Bankruptcy Court also denied Ms. Palmour's motion for reco...
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In these consolidated adversary proceedings, the Official Committee of Unsecured Creditors of Lincoln Paper and Tissue, LCC ("the Committee ") asserts claims on behalf of Lincoln Paper and Tissue, LCC ("the Debtor ") and the Debtor's bankruptcy estate against the Debtor's former board members, Rodney N. Fisher ("Fisher "), Douglas L. Meltzer ("Meltzer "), Edward Dan Herring ("Herring "), Keith Van...
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Appellants-debtors Leigh and Amy Small ("the Smalls") have appealed from an order of the United States Bankruptcy Court that granted a motion for extension of time by appellee Neighborhood Housing Services of New Haven, Inc. ("Neighborhood Housing") to file an objection to discharge pursuant to 11 U.S.C. § 727 and to dischargeability pursuant to 11 U.S.C. § 523(a), and that further denied a motion...
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Konstantinos Ioannis Katsiroumbas ("Debtor") filed a chapter 7 bankruptcy case on December 28, 2016. Frank H. Suits, Jr. ("Plaintiff") holds two money judgments against Debtor, totaling $407,775.23. Plaintiff alleges that (i) Debtor's list of assets on his schedules A and B are false; (ii) Debtor has failed to keep sufficient records from which his financial condition can be determined; (iii) Debt...
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Page 51
Before the Court is an appeal filed by debtors, Donald Eugene Miner and Sandra Randolph Miner ("the Miners" or "Appellants"), of the Bankruptcy Court's March 14, 2017 order denying their proposed Chapter 13 plan. [Rec. Doc. 1]. The Trustee, Todd S. Johns ("Trustee" or "Appellee"), opposes the appeal and recommends that the Court affirm the Bankruptcy Court's order. [Rec. Doc. 9]. For the reasons a...
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Page 63
Pending before the Court is an appeal filed by the Appellant, Harold L. Rosbottom, Jr. ("Rosbottom"), of an order issued by the Bankruptcy Court dated June 8, 2016, denying a motion entitled "Rule 60(b) Motion to Vacate the Chapter 11 Confirmation Plan." [Record Doc. 1]. The Appellees are the Chapter 11 Bankruptcy Trustee, Gerald Schiff ("Schiff" or "Trustee"), Louisiana Truck Stop and Gaming, LLC...
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Page 76
I. Introduction.
Before this Texas bankruptcy court are two, related contested matters (one against an individual Chapter 7 debtor and one against his former, long-time personal assistant), initiated by one of the debtor's alleged creditors, involving: (a) what appears to have been an intentional concealment, then destruction, of electronically stored financial records of the debtor; and (b) a req...
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Pending before the Court is Todd William Kuenstler's Appeal of an order issued by the United States Bankruptcy Court for the Eastern District of Texas granting Half Price Books, Records, Magazines, Inc.'s Motion to Deem "Motion for Determination of Dischargeability" as a Complaint and Motion for Leave to File Amended Complaint (Dkt. # 5).
BACKGROUND
On August 8, 2016, Half Price Books, Records, Ma...
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Page 146
This case is before the court on the Trustee's Motion to Compromise and Settle a Medical Product Liability Claim and to Pay Attorney Fees, Medical Liens and Expenses that was filed on March 16, 2018. The debtor does not challenge the reasonableness of the settlement. Rather, she opposes the motion on the ground that the funds do not constitute property of the bankruptcy estate that the trustee may...
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MEMORANDUM OPINION John J. Tharp, Jr., United States District Judge *155This is an appeal from a bankruptcy court order dismissing the debtor's Chapter 11 petition without a confirmed reorganization plan. The bankruptcy court concluded, and this Court agrees, that dismissal was appropriate because the debtor had been given ample time to present a confirmable plan but failed to do so. I. BACKGROUND...
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This dispute arises from harassing and provocative text messages sent during a span of four-and-a-half months in 2015. Between March and July 2015, plaintiff Joel Plys and his friends received over 20 disparaging text messages from more than 12 different cellphone numbers. They were almost exclusively about Plaintiff's daughter's paternity.1 Through personal investigation *171and manipulation of h...
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Page 186
On June 27, 2018, the court heard argument regarding SFR Investment Pool 1, LLC'S Motion to Retroactively Annul the Automatic Stay ("Annulment Motion").2
*190The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission.
BACKGROUND
On June 17, 2011, a voluntary Chapter 7 bankruptcy petition was filed, in pro se , by Myong Leeds ("Leeds")...
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This proceeding is before the Court on the amended motion to dismiss filed by *207Defendant FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA") (Doc. 10) and the response in opposition filed by Plaintiff INSTITUTE OF CARDIOVASCULAR EXCELLENCE, PLLC ("Debtor") (Doc. 11). For the reasons stated herein, AHCA's motion is denied as to Count 1, but is granted as to Counts 2 and 3. BACKGROUND Debtor f...
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This matter comes before the Court on the Motion of the Debtor for Contempt ("the Motion") (Dkt. No. 11). In the Motion, the Debtor contends First Franklin Financial Corp. ("First Franklin") violated the automatic stay by retaining a payment the Debtor made voluntarily on a pre-petition debt and by crediting that payment to its pre-petition claim against the Debtor. The Debtor seeks an order direc...
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On May 31, 2016, Ms. LaTricia Hardy filed a pro se , voluntary bankruptcy petition in the United States Bankruptcy Court for the District of Columbia ("Bankruptcy Court"). After two years of litigation, Ms. Hardy appeals six of the Bankruptcy Court's orders. Proceeding pro se , Ms. Hardy appeals the following: (1) the order granting the Trustee's motion to "turnover" her commercial real estate pro...
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Creditors like Mr. Bernier have a legal right to such complete and accurate financial disclosures and are sufficiently harmed by a debtor's failure to do so. Such rights and the remedies afforded by § 727(a)(3) and (4) give rise to their standing to seek the denial of a discharge under these provisions. See DenBeste v. Power(In re DenBeste) , Nos. NC-12-1087-HPaMk, NC-12-1180-HPaMk, 2012 WL 541651...
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Page 250
DECISION & ORDER
Bucki, U.S.B.J.
The Chapter 7 trustee has moved for authority to recover various costs and expenses from the exempt portion of proceeds derived from a sale of the debtor's homestead. The central issue involves whether the decision of the Supreme Court in Law v. Siegel , 571 U.S. 415, 134 S.Ct. 1188, 188 L.Ed.2d 146 (2014), will protect the full value of the claimed exemption.
Jaso...
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I. INTRODUCTION
Before this Court is an appeal by Appellant-Creditor, Toyota Motor Credit, from the Order of the United States Bankruptcy Court for the Eastern District of Pennsylvania dated October 3, 2017. In that Order, the Bankruptcy Court granted the Motion for Sanctions for Violation of Automatic Stay filed by Appellee-Debtor, Markel Steven Dunn, because Toyota repossessed Dunn's vehicle pri...
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I. INTRODUCTION
In October 2016, the plaintiffs, David and Ruth Martin ("Plaintiffs"), obtained a prepetition judgment ("Judgment") in the Chester County Court of Common Pleas ("CCP") against the debtor, Heriberto Melendez ("Debtor"). Memo in Supp. of Pls.' Mot. for Summ. J. ("Mot.") Ex. 1 at 6-7. In connection with the Judgment, the CCP determined that the Debtor had breached a contract by knowin...
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In each of the above three cases Quicken Loans, Inc. ("Quicken") has filed a Notice of Withdrawal of Notices of Postpetition Mortgage Fees, Expenses and Charges ("Withdrawal") by which it seeks to withdraw a Notice of Postpetition Mortgage Fees, Expenses, and Charges ("Notice") filed previously in the case pursuant to Fed.R.Bankr.P. 3002.1(c) . Because all three cases present the same issues, they...
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Willow Bend Ventures, L.L.C. ("Debtor") filed Objections to Proofs of Claim 4 and 5 filed by the Louisiana Department of Revenue ("LDR"). P-53 and 55. Cross Motions for Partial Summary Judgment filed by Debtor and LDR came before the Court on May 29, 2018. P-214 and 216.
I. Summary Judgment Standard
Summary Judgment is proper when no genuine issues of material fact exist, and the moving party is e...
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This adversary proceeding came before the Court for trial on August 16, 2018, on the Complaint to Determine Nondischargeability of Debt and Allowed Claim *290as to Lavinia Dumitrache and [her son] (the "Complaint") (A.P. Dkt. # 1) filed by the creditor-plaintiffs Lavinia Dumitrache and her son (the "Plaintiffs") against the debtor-defendant David D. New (the "Defendant"). Both Ms. Dumitrache and t...
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This matter is before the Court on the Motion for Partial Summary Judgment (Adv. Dkt. No. 7)1 by Plaintiffs National Truck Funding LLC ("NTF") and American Truck Group LLC ("ATG") (together, "Debtors"); and the Cross-Motion for Partial Summary Judgment (Adv. Dkt. No. 11) by Defendants Yolo Capital Inc., Hannah Baby LLC, First United Management Inc., and Moonpie FLP (collectively, "Creditors"). Thi...
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This matter is before the Court on the Motion for Summary Judgment (Adv. Dkt. No. 7)1 by Plaintiff Kappa Development and General Contracting Inc. ("Kappa") and the Cross-Motion for Summary Judgment (Adv. Dkt. No. 10) by Defendant and Counterclaimant Hanover Insurance Company ("Hanover"). Kappa is the Debtor-in-Possession in the underlying chapter 11 case, and Hanover is the surety that bonded a co...
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When declaring Martin Luther King Jr.'s birthday a national holiday, President Ronald Reagan affirmed:
Dr. King had awakened something strong and true, a sense that true justice must be colorblind .... In 1964, Dr. King became the youngest man in history to win the Nobel Peace Prize .... Now our nation has decided to honor Dr. Martin Luther King Jr. by setting aside a day each year to remember him...
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I. Introduction This case is before the Court on the motion filed on June 22, 2018 by the Indianapolis Airport Authority (the "IAA"), entitled "Motion for Relief From Stay" (Docket # 50, the "Motion"). Timely objections to the Motion were filed by the Debtor and by Indiana Hotel Ventures, LLC. The Court held a hearing on the Motion on *317July 25, 2018, and then took the Motion under advisement. T...
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III. FINDINGS OF FACT.
A four-day trial was held in this adversary proceeding on February 20 and 21, 2018, and April 9 and 10, 2018.2 At the trial, the court heard testimony from four witnesses: the Debtor; Lynda Ostosh, the Debtor's wife; Jeffrey S. Berens, Executive Vice President and Chief Lending Officer of West Michigan Community Bank;
*326and Doug Bouwman, Chief Executive Officer and shareho...
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Plaintiff Zivko Knezovic appeals from the bankruptcy court's grant of summary judgment to Defendant Urban Partnership Bank (UPB) on his adversary complaint, and the court's denial of his motion to alter or amend that judgment. For the reasons explained below, this Court affirms the bankruptcy court's orders. I. Background A. The Note In August 2005, Plaintiff and two co-signers borrowed $1.5 milli...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
Carol A. Doyle, United States Bankruptcy Judge *364Ira Bodenstein, the chapter 7 trustee of Peregrine Financial Group, Inc., filed this adversary proceeding against the University of Northern Iowa ("University"). He seeks to recover an alleged fraudulent transfer of $500,000 made to the University from funds in a Peregrine bank account containing customers' ...
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What follows are the court's findings of fact and conclusions of law in accordance with Rule 52(a)(1) of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 52(a)(1) (made applicable by Fed. R. Bankr. P. 7052 ). For the reasons discussed below, judgment will be entered in favor of BMO and against Brahos on both of the bank's claims. Brahos's discharge will be denied.
1. Jurisdiction
The court ha...
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FILED
SEP 19 2018
1 SUSAN M. SPRAUL, CLERK
U.S. BKCY. APP. PANEL
OF THE NINTH CIRCUIT
2
...
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This case requires the bankruptcy court, as a court of equity, to determine whether the equities involved in this dispute favor the debtor or the creditor.
Procedural Background
Debtor, represented by counsel, filed her petition under chapter 7 of the Bankruptcy Code on February 4, 2015. After the case was fully administered, Debtor received her discharge, and the case was closed on July 8, 2015.
...
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The following are before the Court for consideration: 1. Complaint Objecting to Dischargeability of Debt [Doc. 1] (the "Complaint"), filed by plaintiff Oklahoma Heritage Bank on July 2, 2018; 2. Motion to Dismiss for Failure to State a Claim, with Brief in Support, and Notice of Opportunity for Hearing [Doc. 7] (the "Motion to Dismiss"), filed by debtor and defendant Gayland Grant Ward on August 1...
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This matter is before the Court upon the appeal by Appellant Brett A. Elam of the bankruptcy court's order sanctioning Mr. Elam, entered on October 24, 2017, and the bankruptcy court's order denying reconsideration of its sanctions, entered on November 17, 2017. The Court has carefully considered the appeal, the briefs, the record on appeal, and is otherwise fully advised in the premises.
I. BACKG...
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These companion appeals arise out of a creditor's efforts to deny, delay, or limit a chapter 7 debtor's discharge. A discharge, *448the creditor feared, would preclude continuation of its efforts to elevate an unsecured claim to a secured claim by obtaining a lien on the debtor's principal residence. The bankruptcy court issued an order dismissing the creditor's complaint in its entirety and a sep...
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This matter comes before the court on the motion for summary judgment by defendant 21st Mortgage Corporation ("21st Mortgage"). Plaintiff Gregory Kirby alleges that certain post-petition written communications to his wife and him from 21st Mortgage and the filing of a pleading in a state court foreclosure action against them violate the bankruptcy discharge injunction, 11 U.S.C. § 524(a)1 , and th...
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II. The Facts
A. The Cushmans' Chapter 13 Case
Laurence and Carlene Cushman started their chapter 13 case in August 2014. They scheduled Credit One Bank as the holder of a general unsecured claim in the amount of $540.00 arising out of Mrs. Cushman's credit card account ending in 0642. Shortly after the chapter 13 filing, Resurgent filed the proof of claim at the nucleus of this dispute. There wer...
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JOSEPH F. BIANCO, United States District Judge *504Samuel Osuji ("appellant") appeals from a May 9, 2017 Order entered by the United States Bankruptcy Court for the Eastern District of New York (the "Bankruptcy Court") granting a motion by Deutsche Bank National Trust Company ("Deutsche Bank") as trustee for Indymac INDX Mortgage Loan Trust 2007-AR1, Mortgage Pass-Through Certificates Series 2007-...
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Before the Court is the Debtor's motion to sell an occupied residential loft building located in the SOHO district of New York City free and clear of liens claims and *514encumbrances including any rights of existing occupants pursuant to 11 U.S.C. § 363(b) and (f). [ECF No. 34] The Debtor's motion which requires an analysis of the New York Multiple Dwelling law, the Loft Law and the applicable ba...
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Page 518
*520I.
JURISDICTION
The Court has jurisdiction under 28 U.S.C. §§ 157(a), 157(b)(1), and 1334(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(I). This decision constitutes the Court's findings of fact and conclusions of law, to the extent required by Rule 7052 FRBP.
II.
ISSUE
Was Mr. DeFreze discharged from his 2008 New York State personal income tax liability, where his original (late-f...
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Page 524
Before the Court is the Liquidation Trustee's First Omnibus Objection to Certain *527Claims (Substantive) (D.I. 1635) (the "Claims Objection") and the responses to the Claims Objection filed by Samuel E. Gasowski, Rocco Covella, and Sandy Sepulveda-Ayers (together, the "Claimants").3 The Claimants filed claims asserting a right to payment based upon the Debtors' Prepetition Retention Program.4 The...
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This matter is before the Court on the motion of Daniel and Sara Roselli (the "Defendants" or the "Rosellis"), to dismiss Claims Two and Three of the Amended Complaint filed by The Finley Group (the "Plaintiff" or the "Liquidating Agent"), Liquidating Agent for RedF Marketing, LLC ("RedF"), pursuant Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Having considered the parties' briefs and o...
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This matter came before the Court for hearing on June 22, 2018 (the "Hearing"), on the Answer, Defenses & Motions (the *555"Motion to Dismiss") (Adv. Dkt. 8)1 filed by April Florine Miller ("April");2 the Response in Opposition to Defendant's Motion to Dismiss (the "Response to Motion to Dismiss") (Adv. Dkt. 13) filed by Barbara Bond Parker ("Barbara"); April Miller's Reply to Plaintiff's Response...
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Page 567
Judge Katharine M. Samson, United States Bankruptcy Judge *571This matter came on for hearing on the chapter 13 Trustee's objection to confirmation ("Objection") (ECF No. 18). This matter is within the bankruptcy court's core jurisdiction under 28 U.S.C. § 157(b)(2)(L).
The Trustee1 asserts that the nonstandard provisions in the Debtor's proposed chapter 13 plan ("Plan") are either unnecessary res...
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Three years ago, a California state court found that Baessler, acting with the intent to deceive, made false representations that Dave reasonably relied on to his detriment. Based on that finding, the state court entered judgment on several legal theories, including one theory that did not require proof of an intent to deceive. Does the state court's finding bind the bankruptcy court in a subseque...
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Page 594
*596INTRODUCTION
The practical question in this bankruptcy appeal is how much of the $60,000 in the debtors' home equity is available to general unsecured creditors of either one of them. All parties agree that about $3,000 would be available if the debtors had proceeded from the outset as joint tenants. This is because the debtors' combined homestead exemptions would have covered all but about $3...
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Before the court are (1) appellee Jackson Masonry, LLC's Motion for Disbursement of Supersedeas Bond Funds to Appellee and Setting Case Management Conference for Hearing on Bond Damages Owed to Appellee ("Motion for Disbursement") (Doc. No. 29) and (2) appellant Ritzen Group, Inc.'s Motion for Stay Pursuant to Currently-Posted Supersedeas Bond Funds ("Motion to Stay") (Doc. No. 31). Both motions h...
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Page 608
Andrea R. Wood, United States District Judge *610Plaintiff-Appellee Mark Simon filed a complaint in Arizona state court against Defendants-Appellants Constantino Joseph Boccarsi and Cari Ann Coglianese (the "Debtors") asserting a claim for securities fraud under Arizona law. Ultimately, a default judgment was entered against the Debtors. When the Debtors later filed for Chapter 7 bankruptcy, they ...
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The matter before the Court arises from the adversary complaint filed by the plaintiff, Frances Gecker, as the chapter 7 trustee (the "Trustee") of the jointly administered bankruptcy estates of Network Salon Services, LLC ("Network Salon") and Anthia R. Hill ("Ms. Hill," collectively, the "Debtors"), against the defendant, LG Funding LLC ("LG Funding"), to recover alleged preferential and constru...
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Before the court for ruling is the motion of creditor West Suburban Bank (the "Bank") to convert or dismiss the chapter 11 case of debtor Aurora Memory Care, LLC ("AMC") under section 1112(b) of the Bankruptcy Code, 11 U.S.C. § 1112(b). For the reasons discussed below, the motion will be granted. Although the Bank prefers dismissal, the case will be converted to chapter 7.
1. Background
The facts ...
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Page 644
The debtors ("Brent" and "Heather" or "the debtors") filed this chapter 7 case on April 6, 2017 as a joint case. The debtors' residence is located at 3421 Bay Road North Drive, Indianapolis, Indiana ("Bay Road property" or "property"). Brent owns this property in fee simple. Heather *646owns property in fee simple located at 18821 Orleans Court, Noblesville, Indiana. The Orleans Court property was...
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DECISION AND ORDER
Brett H. Ludwig, United States Bankruptcy Judge *652Alan and Maureen Bagg are Chapter 7 debtors. On August 18, 2017, one of their longtime neighbors, Robert Heinrich, filed a proof of claim and an adversary complaint in their bankruptcy case. Heinrich's $425,324.05 claim is based on a state court judgment that he obtained against the Baggs for: (1) tortious interference with con...
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Page 659
This matter comes before the Court on appeal from the United States Bankruptcy Court for the Central District of California. Appellant filed his opening brief on February 26, 2018. (Dkt. 11). This Court took the matter under submission on April 12, 2018. On September 17, 2015, Appellant filed for chapter 7 bankruptcy. On April 10, 2017, Appellee filed the First Amended Complaint, which states two ...
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Page 667
INTRODUCTION
Nearly ten years after the dissolution of her 18 year marriage to Ethan Aparicio, Olivia (Aparicio) Reyes applied to the Superior Court of California for the County of Tulare ("Superior Court" or "State Court") thereby renewing the dissolution judgment which, in part, incorporated a marital settlement agreement ("MSA"). Under the MSA, Ethan was to pay Olivia for support, equalization,...
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INTRODUCTION
11 U.S.C. § 523(a)(4) excepts from discharge an individual debtor's debt for *681fraud or defalcation while acting in a fiduciary capacity. Debtor's former spouse here asks the court to find nondischargeable a debt stemming from a previously adjudicated community property interest in defendant's retirement benefits. The court holds that sufficient evidence has been presented establish...
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On August 17, 2017, in In re Price, the bankruptcy court issued its Memorandum of Decision on Motion for Partial Summary Judgment ("Bankruptcy Court's Order"). 575 B.R. 461 (Bankr. D. Hawai'i 2017). Appellant Thomas W. Coulson ("Coulson" or "Appellant") filed his Notice of Appeal and Statement of Election ("Notice of Appeal") on August 31, 2017. [Dkt. no. 1.] On October 31, 2017, Appellant filed h...
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On July 20, 2017, the court heard the Motion to Dismiss Involuntary Petition, or, in the Alternative, to Abstain, and Reservation of Rights Under 11 U.S.C. § 303(i) ("Dismissal Motion"), brought by EB Holdings II, Inc.2 The appearances of *707counsel were noted on the record. After arguments were presented, the matter was taken under submission.3
BACKGROUND
In addition to the above-captioned invol...
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On February 8, 2018, U.S. Bankruptcy Judge Robert E. Nugent entered a Memorandum and Opinion ("Opinion") confirming Debtor Abengoa Bioenergy Biomass of Kansas, LLC's ("ABBK") plan of liquidation and overruling the objections to the plan filed by Drivetrain, LLC, as Liquidating Trustee for Abengoa Bioenergy US Holding, LLC, et al. On February 16, 2018, Drivetrain filed a notice of appeal of the Opi...
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Page 750
A student loan may be discharged in bankruptcy only if the payment of such loan would impose an undue hardship on the debtor.1 Determining whether the hardship the student loan payment would impose is undue involves deciding three things: (1) is the debtor unable to make her student loan payments while maintaining a minimal standard of living; (2) is the debtor's present impecunious condition like...
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Section 523(a)(4) of the Bankruptcy Code excepts from discharge a debt "for *764fraud or defalcation while acting in a fiduciary capacity." The Code does not define fiduciary capacity, and the only clear consensus among courts interpreting § 523(a)(4) is that acting in a fiduciary capacity means something more than simply having fiduciary duties.
The Defendants are produce dealers with fiduciary d...
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This case came before the court for hearing on June 26, 2018 pursuant to Alleged Debtor Buckeye Activewear, LLC's ("Alleged Debtor") Motion to Dismiss Case ("Motion"). [Doc. # 8]. Petitioning Creditor Radia Enterprises, Inc. ("Petitioning Creditor") filed a Response to Alleged Debtor's Motion [Doc. # 13], Alleged Debtor filed a Reply to Opposition to Motion to Dismiss [Doc. # 19], and Petitioning ...
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Robert M. Dow, Jr., United States District Judge *782This case is on appeal from the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, Case No. 17-11668. Appellant Glenn Stearns, Chapter 13 Trustee ("Trustee"), appeals from the Bankruptcy Court's order and memorandum opinion dated December 27, 2017, denying the Trustee's motion to dismiss the case of Christoph...
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Page 794
Consumers Credit Union ("Credit Union") seeks to dismiss the Debtors' joint Chapter 7 case for abuse under 11 U.S.C. § 707(b).1 (ECF No. 18.) The Credit Union first argues that the Debtors did not satisfy the means test prescribed by Section 707(b)(2), contending that they may not treat Credit Union's judgment debt as a secured debt and challenging certain deductions made in their calculations. It...
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Todd Horlbeck filed a chapter 7 bankruptcy petition on August 21, 2015. During the pendency of Horlbeck's case, Tillman Enterprises, LLC ("Tillman") filed a three-count adversary complaint seeking a determination that a debt Horlbeck owes to Tillman is not dischargeable pursuant to 11 U.S.C. §§ 523(a)(19), (a)(2)(A), and (a)(2)(B) (Counts I, II, and III, respectively).1 The matter is now before th...
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Page 846
In this case, the Court is asked to decide whether a chapter 7 debtor may claim two separate exemptions, each in the amount of $15,000.00, for payment received on account of personal bodily injury. The Debtor seeks to exempt $15,000.00 for personal bodily injury arising from a pre-petition automobile accident, as well as $15,000.00 for injuries related to a pre-petition products liability claim. T...
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Page 854
*857I. INTRODUCTION
Appellant Laurel Greenstein appeals from several orders issued by the bankruptcy court, relating to her Chapter 7 bankruptcy, and related adversary proceedings. She contends that her home (the "Property") was wrongfully foreclosed on by Wells Fargo Bank, N.A., and several corporate representatives,1 (collectively, "Wells Fargo") in violation of the automatic stay in her case.
I...
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This is a judgment enforcement procedure situation. This court's money judgment has been appealed but may be collected in this judicial district because no supersedeas bond has been posted. The appeal, however, by virtue of the federal judgment registration statute ( 28 U.S.C. § 1963 ), prevents registration and collection in other districts unless this court finds "good cause" to register the jud...
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INTRODUCTION This matter came before me on motions for summary judgment by the Plaintiff, Randy Sanders ("Sanders " or the "Plaintiff "), and the Defendant, AllianceOne Receivables Management, Inc. ("AllianceOne " or the "Defendant ") (Dkt. Nos. 68 and 73). Sanders filed this adversary proceeding after objecting to proofs of claim nos. 1, 2 and 4 (the "Proofs of Claim ") filed by AllianceOne in th...
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This matter is before the Court on the Application for Allowance of Administrative Expense - Substantial Contribution Claim of Attorneys for J D Logistics ("Application"), filed by J D Logistics, Inc. ("JDL"). The Chapter 7 Trustee ("Trustee") filed the only response to the Application. After considering the pleadings, evidence, and arguments presented, the Court's findings of fact and conclusions...
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This proceeding is before the Court on Plaintiff FEDERAL TRADE COMMISSION'S (the "Commission's") motion for summary judgment (Doc. 30), Defendant MICHAEL W. LANIER'S ("Debtor's") response in opposition (Doc. 41), the Commission's reply (Doc. 48), as well as Debtor's cross-motion for summary judgment (Docs. 44 & 47), the Commission's response to Debtor's cross-motion (Doc. 49), and Debtor's reply (...
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In this appeal from the United States Bankruptcy Court for the Middle District of Georgia, USAA Federal Savings Bank contends the Bankruptcy Court, Judge Austin E. Carter presiding, erroneously granted summary judgment to the Trustee1 in an adversary proceeding to *917avoid a transfer, specifically a security deed, in favor of Appellant USAA Federal Savings Bank. For the following reasons, the Ban...
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