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All Reporters → br → Volume 600

Opinions in br Volume 600

I. Introduction This case came before the Court for a hearing on May 8, 2019, on several motions, including the following four motions (collectively, the "Motions"): (1) the motion filed by the Debtor, entitled "Debtor's Second Motion to Dismiss" (Docket # 155); (2) the motion filed by Prime Financial, Inc. ("Prime"), entitled "Second Creditor Motion to Convert Case to Chapter 7" (Docket # 179); (...
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Introduction & Background This matter comes before the court upon Cheryl Holman's ("Holman") motion to remand certain removed state law claims back to state court. Holman is the administrator of the estate of Elaine Cook ("Cook"), deceased. Holman is suing Johnson & Johnson ("J & J") (and others) on various legal theories, all arising under state law, to recover damages against J & J for its role ...
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Section 1320b-17 allows but does not require SSA to withhold the maximum amount of current benefits under one Social Security program to recover a past overpayment under another Social Security program, even where the overpayment arose from the recipient's fraud. For that reason "SSA's withholding of Thigpen's OASDI benefits to recover its prior SSI overpayments is a setoff not a recoupment, and t...
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Before the court is the Motion of 7030-32 Huntley Road, LLC to Dismiss Second Chapter 11 Case, or, in the Alternative, to Modify the Automatic Stay to Permit the Foreclosure Action to Proceed and to Permit 7030-32 Huntley Road, LLC to Exercise its Non-Bankruptcy Law Rights and Remedies [Dkt. No. 20] (the "Motion") brought by 7030-32 Huntley Road, LLC ("Huntley"), seeking dismissal the above-captio...
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This matter comes before the Court on Defendant United States of America Department of Education's (the "United States" or "DOE") Motion for Summary Judgment (the "Motion") on Debtor/Plaintiff Leta Marie Echelbarger's Complaint to Determine Dischargeability of Student Loans (the "Complaint"). For the reasons stated below, the Court GRANTS the Motion. Undisputed Facts The designated evidence reveal...
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Dischargeability of Students Loans under § 523(a)(8) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- ... (8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor's dependents, for- *2 (A)(i) an educational benefit overpayment or loan made, ins...
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FILED MAR 27 2019 ORDERED PUBLISHED SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL ...
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FILED MAY 6 2019 SUSAN M. SPRAUL, CLERK 1 U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 2 ...
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Larry and Terri Anderson filed a personal injury action against the debtor Trust1 on February 5, 2018, in Greene County, Missouri. In that action, the Andersons seek damages for injuries allegedly suffered by Mr. Anderson at one of Debtors' properties in 2015, prior to the commencement of Debtors' bankruptcy cases. Acknowledging that they have not filed a proof of claim against the Trust, the Ande...
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Entering Judgment on Plaintiff's NonDischargeability Complaint under 11 U.S.C. § 523(a)(2)(A) Debtor/Defendant Lindy Graham filed a Chapter 13 bankruptcy petition, and therein listed as unsecured debt a "property settlement" to her former husband Roger Graham for $ 32,591.47. The "property settlement" was actually a judgment from state court requiring Debtor to reimburse her ex-husband for overpa...
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Before the Court is Melanie and Matthew Chavez's expedited motion for relief from the automatic stay to proceed with a state court trial scheduled to start in less than two weeks. The Debtor objected and a final, evidentiary hearing was held on May 1, 2019. The Court finds that there is insufficient cause to modify the automatic stay, so the motion will be denied. Part of the analysis regarding "c...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon the Objection to Debtor's Amended Claim of Exemptions (Doc. 95) and Motion for Turnover of Property (Doc. 41), filed by GORDON P. JONES, Chapter 7 Trustee (the "Trustee"). A trial on these matters was held on November 13, 2018. The Trustee and Debtor both filed post-trial briefs. (Docs. 105 & 111). Upon the evidence and a...
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Defendant Auctions America by RM, Inc. moves to dismiss Count I that asserts that it converted an antique car, a 1930 Cord, when it sold the car at an auction in violation of possessory interests of one of the Debtor's creditors, Dr. Susan Kolb.1 Plaintiff Trustee, who now holds Dr. Kolb's claim,2 opposes the Motion.3 The Motion is denied. Here is the undisputed timeline of relevant events: • June...
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THIS MATTER is before the Court on Appellant KK-PB Financial LLC's ("Appellant") appeal of three separate orders from the Bankruptcy Court below. See Case No. 9:19-cv-80343, DE 1; Case No. 9:19-cv-80351, DE 1; Case No. 9:19-cv-80363, DE 1. *122I. PROCEDURAL BACKGROUND Appellant filed four bankruptcy appeals between March 12, 2019 and March 15, 2019, all of which arise out of the same bankruptcy pr...
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*137Noreen Wiscovitch-Rentas, chapter 7 trustee (the "Trustee"), appeals from that portion of the bankruptcy court's August 2, 2018 order (the "Order") denying her motion for summary judgment on count I of her complaint and granting the cross-motion of Banco Popular de Puerto Rico ("BPPR" or "the bank"). In count I, the Trustee asserted a claim for relief under Bankruptcy Code §§ 542 and 553,1 see...
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This matter is before the Court on the objection of the Chapter 7 Trustee ("Trustee") to Debtor Marcus Soori-Arachi's ("Mr. Soori") second amended claim of exemption of a UTMA/UGMA account with Fidelity Investment Life Insurance under certain state exemption statutes. The account consists of a nonqualified, tax deferred annuity with a surrender value of $ 105,000. Mr. Soori opposed the Trustee's o...
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This case concerns abuse of the power given to creditors in 11 U.S.C. § 303 to file an involuntary bankruptcy petition. As the Second Circuit recently noted, Involuntary bankruptcy petitions help ensure the orderly and fair distribution of an estate by giving creditors an alternative *176to watching nervously as assets are depleted, either by the debtor or by rival creditors who beat them to the c...
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This matter comes before the Court on the motion of Pietro Giambrone ("Mr. Giambrone") for a stay pending appeal of this Court's order granting VNB New York LLC ("VNB") relief from the automatic stay pursuant to 11 U.S.C. § 362(d) with respect to 122 Holcomb Avenue, Staten Island, NY 13012. (ECF No. 38.)1 VNB opposes the motion. For the following reasons, the motion is denied. JURISDICTION This Co...
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*219These cases concern a contractual dispute among creditors that provided financing to a bankrupt Chapter 11 debtor so that the debtor could continue operating during its reorganization. Plaintiffs KeyBank National Association and Fifth Third Bank initially brought this action in the Supreme Court for the State of New York, New York County, asserting state law claims for breach of contract, brea...
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*243I. INTRODUCTION On December 7, 2018, Andrew Childe (the "Foreign Representative" or "Petitioner") commenced the jointly administered Chapter 15 Cases and sought this Court's recognition of the joint judicial reorganization (recuperação judicial or "RJ") of each of the Chapter 15 Debtors in the jointly administered judicial organization proceeding (the "Brazilian RJ Proceeding") pending in the ...
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The trustee of the F2 Liquidating Trust (the "Trustee" or "Plaintiff") commenced over one hundred adversary proceedings post-confirmation seeking to avoid as fraudulent conveyances and/or preferential transfers discretionary bonus payments and/or tax distributions made prepetition by F-Squared Management, LLC. In this subset of those proceedings, which with two small exceptions involve only bonus ...
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Before the Court is the motion (the "Motion") filed by Zhi Chen ("Chen") and Henghe North American, Inc. (collectively, the "Defendants") for reconsideration of its previous motion to dismiss the complaint ("Complaint") filed by the foreign liquidators of Zhejiang Topoint Photovoltaic Co., Ltd. ("Topoint"). Although filed as a motion for reconsideration, the grounds for relief cited in the Motion ...
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Before the court is a Motion to Reduce Claims of RKL Financial Corporation (Doc. No, 19) (the "Motion") filed by Felix A. Mendez, Sr. (the "Debtor") in the above referenced matter. In the Motion, the Debtor argues that the secured claim of RKL Financial Corporation ("RKL") must be reduced as the attorneys' fees and costs included therein (the "Fees")1 are excessive and unreasonable, and exceed the...
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I. INTRODUCTION The issue I must decide in this adversary proceeding is whether Debtor's pre-petition hardship withdrawal from her 401(k) account caused the withdrawn funds to lose their protected status as exempt under 11 U.S.C. § 541(c)(2). Were the withdrawn funds not part of the bankruptcy estate and therefore not subject to the claims of the chapter 7 Trustee? Or were the withdrawn funds part...
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Before the Court is an Appeal from the United States Bankruptcy Court for the Middle District of Louisiana, Judge Douglas D. Dodd, as supported by the Brief1 tendered by Appellant, SE Property Holdings, LLC (hereinafter "SEPH"). Countering the appeal is the Brief2 of Jeffery Stephen Lawrence Green ("Green" or "Debtor"), to which SEPH filed a Reply.3 For the reasons set forth below, the Rulings and...
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I. INTRODUCTION The principal purpose of the Bankruptcy Code is to grant a fresh start to the honest but unfortunate debtor-any purpose that violates the intent of the Bankruptcy statute is considered unworthy of bankruptcy protection and will be halted.1 Pending before this Court is Ricardo Orozco's ("Orozco " or "Plaintiff ") "Amended Complaint for Revocation of Discharge" ("Amended Complaint ")...
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Coushatta Bayou Land Company, LLC entered into a mineral lease with Goodrich Petroleum Company, LLC in February 2010. (ECF No. 39-2 at 8 ). The terms of the lease provided Coushatta with royalty payments that are free from the costs of production. However, the royalty clause contains an exception: the parties must share production costs from "unaffiliated third parties" in which Goodrich does not ...
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I. Introduction Among other things, this Chapter 11 case raises the question whether the Debtor's entanglement with a medical marijuana dispensary business, which business is illegal under federal criminal law but not necessarily illegal under Michigan law, requires the dismissal of this federal bankruptcy case. The Court concludes that dismissal is required. This case came before the Court on Mar...
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This case is before the Court on the Debtor's motion filed on May 3, 2019, entitled "Debtor's Motion To Enforce The Automatic Stay, To Hold MJCC 8 Mile, LLC And Its Principal And Attorneys In Contempt Of Court For Violating The Automatic § 362 Stay And For Costs, Attorney Fees And Punitive Damages" (Docket # 104, the "Contempt Motion"). On May 6, 2019, the Court entered an order scheduling an expe...
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This matter is before the Court on a motion for stay pending appeal. The Court granted three separate motions for sales of assets by the debtors in these jointly administered Chapter 11 cases. A pension fund objected to all three motions to the extent that they requested a finding under § 363(f) of the Bankruptcy Code that the sales were made free and clear of a possible liability to the pension f...
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I. INTRODUCTION AND JURISDICTION. In this adversary proceeding, the Michigan Unemployment Insurance Agency (referred to herein as the "UIA," the "Agency," or the "Plaintiff") alleges that Kenneth James-George Heinisch (the "Debtor" or "Defendant") failed to disclose material facts about being fired from prior employment and that this failure caused the Defendant to receive unemployment benefits th...
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This matter came before the Court on a "Motion for Declaration that Redemption Period is not Tolled and that Issuance of Sherif's Deed will not Violate the Automatic Stay." The Court held a hearing on this matter in Sioux City, Iowa. Daniel L. Hartnett appeared for Iowa-Nebraska State Bank ("Bank"). Wil Forker appeared for Donald Lieber ("Debtor"). The parties submitted briefs regarding this Motio...
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Case: 18-1098, Document: 20, Filed: 05/21/2019 Page 1 of 20 FILED MAY 21 2019 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL...
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I. Introduction Attorney Ruston Welch failed to disclose the compensation he received from *428David and Terry Stewart (the "Debtors") and their related entities, as required by 11 U.S.C. § 329(a) and Federal Rule of Bankruptcy Procedure 2016(b).2 Upon discovering the omission, one of the Debtors' creditors sought to have Mr. Welch's compensation disgorged. After a hearing, the bankruptcy court or...
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The debtors in these jointly-administered Chapter 11 cases are The Revocable Trust of John Q. Hammons dated December 28, 1989, as Amended and Restated (the "Trust ") and a number of its subsidiaries and affiliates. In 2016, the Trust employed UBS Securities LLC as Debtors' financial advisor pursuant to 11 U.S.C. § 328. This matter now comes before the Court on UBS's application for fees and expens...
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THIS MATTER is before the Court on the Debtor's Notice of Conversion of Bankruptcy Case from Chapter 7 to Chapter 13 ("Motion to Reconvert"). See Docket No. 153. Debtor seeks to reconvert her Chapter 7 case to Chapter 13 after previously *454converting her bankruptcy case from Chapter 13 to Chapter 7. Philip J. Montoya, Chapter 7 Trustee ("Chapter 7 Trustee") and Tiffany M. Cornejo, Chapter 13 Tru...
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This order addresses two matters. First, the order considers Debtor's Request for Entry of Discharge Forthwith Pursuant to *462Federal Rule of Bankruptcy Procedure 4004(c) filed by Archie Joel Champion, III ("Debtor"). Second, the order addresses the timeliness of the United States Trustee's ("UST's") Motion to Dismiss, or in the Alternative to Convert the Case to Chapter 11. These are core procee...
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I. INTRODUCTION Appellant Konstantinos Ioannis Katsiroumbas ("Katsiroumbas" or "debtor"), a chapter 7 bankruptcy debtor, appeals from an August 1, 2018 Memorandum-Decision and Order (the "August MDO") issued by United States Bankruptcy Judge Margaret Cangilos-Ruiz that denied him a discharge of certain debts after appellee Frank H. Suits, Jr. ("Suits" or "creditor"), a judgment creditor, objected ...
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Celestine and Lawrence Elliott (the "Elliotts") purchased General Motors vehicles in 2006 and 2007. On June 1, 2009, General Motors Corporation ("Old GM") filed for bankruptcy. The Court established November 30, 2009 as the bar date and General Motors LLC ("New GM") emerged from bankruptcy in 2011. Between 2012 and 2014, New GM issued dozens of recalls related to vehicles sold before the bankruptc...
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*494In mythological lore, the Greek hero Achilles thought himself to be invincible, impervious to the swords and arrows of his enemies. So too, is the mindset of the Pennsylvania Department of Revenue ("Revenue") in the cases presently before the Court. Revenue requests dismissal of separate adversary proceedings brought by chapter 13 debtors seeking to reduce or eliminate Revenue's secured claims...
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The Stipulation was approved by this Court on August 25, 2017, and this adversary proceeding was subsequently closed on September 12, 2017. Over sixteen months later, and over a year past the sale-by date of the Stipulation, the Debtor filed his Motion to Enforce Stipulation Agreement (ECF No. 59), which is the subject of this Memorandum Order. The crux of the Debtor's argument is that in his view...
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Defendant, American Express National Bank, moves the Court to dismiss all of Plaintiff's causes of action remaining in this adversary proceeding pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable herein by Federal Rule of Bankruptcy Procedure 7012.1 Defendant also moves the Court to sanction Plaintiff pursuant to Federal Rule of Bankruptcy Procedure 9011(c).2 Plaintiff opposes b...
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On September 28, 2018, Rose Moses Woodford (the "Debtor") filed a voluntary Chapter 13 bankruptcy petition in this Court. After the Court denied confirmation of her first Chapter 13 Plan, the Debtor initiated this adversary proceeding on January 21, 2019. In her complaint, the Debtor claims that Capital Bank, NA (the "Bank") required Sherwood D. Woodford, the Debtor's then husband, to execute a De...
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This matter came on for hearing on the motion to reopen the chapter 11 cases of Friede Goldman Halter Inc. ("FGH") and an unspecified number of thirty-one affiliated companies (collectively with FGH, "Debtors"), ECF No. 8046,1 under 11 U.S.C. §§ 105(a) and 350(b) and Rule 5010 of the Federal Rules of Bankruptcy Procedure. This proceeding is within the bankruptcy court's core jurisdiction under 28 ...
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Debtors John Wiley Bryant and Janet Elizabeth Bryant (the "Debtors ") object1 to Claim No. 8 filed by Franklin Credit Management Corporation ("Franklin "), as servicer, on behalf of Bosco Credit II Trust Series 2010-1 ("Bosco "). This Memorandum Opinion comprises the court's finding of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052, made applicable by Fed. R. Bankr. P. 9014(c).2 I....
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The Reorganized Debtors have argued that it is quite clear that the last iterations of the Sub-Advisory and Shared Services Agreements intended to supersede in every way the prior versions. That includes the provisions directing arbitration. And, they argue, it does not matter when the causes of action occurred/accrued or not. What matters is that the parties agreed at some point that their disput...
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*563Came on for consideration the above numbered adversary proceeding and, in particular, Plaintiff's Motion for Summary Judgment (ECF No. 44 ),1 Defendant's Affidavit in Response to Plaintiff's Motion for Summary Judgment (ECF No. 46) ("Affidavit in Response"), and Plaintiff's Reply to Defendant's Affidavit in Response to Plaintiff's Motion for Summary Judgment (ECF No. 47) ("Plaintiff's Reply")....
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Americredit Financial Services, Inc. filed an objection to Katie Smith's amended modification to her confirmed chapter 13 plan. On December 13, 2018, the Court overruled Americredit's objection, and asked the parties to brief the issue of whether a chapter 13 plan modification becomes effective at the time of filing, upon the Court's approval, or at some *573other time. Despite the Court's ruling,...
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*587This appeal concerns a Complaint for Declaratory Judgment filed by chapter 7 trustee Susan Rhiel (the "Appellant") seeking a determination that a refinanced mortgage only encumbers the interest of the person specifically defined within the body of the mortgage as a "Borrower/Mortgagor." The bankruptcy court considered whether the co-debtor wife's signature and initials on a mortgage instrument...
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The Debtor seeks confirmation of her Second Amended Chapter 13 Plan. [ECF No. 99.] 21st Mortgage Corporation, a secured creditor, argues that the Second Amended Plan does not comply with 11 U.S.C. § 1325(a)(5)(B).1 [ECF No. 107.] The Objection is sustained, and confirmation of the Second Amended Plan is denied for the reasons set out herein. I. FACTS. The Debtor filed for chapter 13 relief and sch...
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Thomas Williamson tells this Court that USF Holland failed to accommodate his disabilities and then terminated his employment based on his disabilities and for seeking accommodations. But when Williamson filed for bankruptcy, he did not tell the bankruptcy court the same thing. In particular, he omitted his claim against USF Holland, deemed an asset, from his bankruptcy petition. And he only discl...
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MEMORANDUM DECISION The matter before the court is the Objection of Wheeler Financial, Inc.[,] to Chapter 13 Plan [Dkt. No. 129] (the "Confirmation Objection"), filed by Wheeler Financial, Inc. ("Wheeler") in the above-captioned case, objecting to the confirmation of the Debtor's proposed chapter 13 plan, Official Form 113-Chapter 13 Plan [Dkt. No. 106] (the "Proposed Plan"). Also before the court...
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This adversary proceeding arises out of the prepetition acquisition of a secured loan by defendant Radians Wareham Holding, Inc. ("RWHI") and the prepetition exercise of remedies under that loan agreement against the chapter 11 debtors herein, Ironclad Performance Wear Corporation, a California corporation ("ICPW CA"), and Ironclad Performance Wear Corporation, a Nevada corporation ("ICPW NV") (co...
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THIS MATTER came before the Court for a hearing on November 7, 2018 at 10:00 a.m. (the "Hearing") upon Defendant's Motion to Dismiss With Prejudice First Amended Complaint Filed by Plaintiffs, Christopher Garcia and Ginny Davies (ECF No. 30 ) (the "Converted Motion"), *684the Supplement To Defendant's Motion to Dismiss With Prejudice First Amended Complaint Filed by Plaintiffs, Christopher Garcia ...
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THIS MATTER came before the Court on April 3, 2019 on the Motion for Sanctions for Violation of the Automatic Stay Against Susan Golan (the "Motion") (ECF No. 35 ). The debtor ("Debtor") seeks an order from this Court determining that the (i) entry of a final judgment (the "Final Judgment") in Debtor's state court divorce proceeding and (ii) filing of a motion to compel in that same proceeding by ...
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Before the Court is the Motion to Dismiss or, in the Alternative, Motion for Relief from the Automatic Stay (hereinafter the "Motion"), (Doc. No. 20), filed by Delta Air Lines, Inc. (hereinafter "Delta") in the above-styled bankruptcy proceeding. Asanda Air II LLC (hereinafter the "Debtor") opposes Delta's motion. This matter constitutes a core proceeding over which this Court has subject jurisdic...
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Before the Court is the Motion to Settle and Compromise Various Controversies and to Transfer the Estate's Interest in Real Property (the "Motion"), filed by Edwin K. Palmer ("Trustee"), as Chapter 7 trustee for the bankruptcy estate (the "Estate") of Michael Lee Morgan and Angela Morgan (the "Debtors"). (Doc. 83). The Court held evidentiary hearings on the Motion on December 20, 2018, and January...
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IV The dismissal of the case, upholding EverCap's right to bar the filing of a bankruptcy case, and the court's determination that only Brown is authorized to operate the debtor, will also require denial of the debtor's applications to employ general counsel and special counsel. V Orders follow....
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*740Carbon Investment Partners LLC and Carbon Master Fund LP (together, "Carbon") move to extend the deadlines to object to the debtor Lee Alexander Bressler's ("Bressler") discharge of Bressler's alleged debt to Carbon under section 523(c) of the Bankruptcy Code, and, more broadly, to Bressler's discharge of any prepetition debt under section 727 of the Code. ("Motion," ECF Doc. # 54.) Bressler's...
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Before the Court is the Motion of Karen Sbriglio under Bankruptcy Rule 2004 for an order directing the production of documents from Debtor, Cambridge Analytica LLC. For the reasons stated below, the Motion is denied.1 BACKGROUND Karen Sbriglio is a plaintiff in a derivative action brought in Delaware Chancery Court in 2018 against certain Facebook officers and directors. Neither the Debtors nor an...
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*756West Salem Storage, LLC (the "Plaintiff" or "West Salem") filed a complaint against the reorganized debtor, Exide Technologies ("Exide"), seeking a declaratory judgment that the confirmed plans in Exide's two prior bankruptcy cases did not discharge West Salem's claims against Exide based on the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") or its Oregon state ...
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When the Debtor filed his bankruptcy petition, he owned a fifteen percent interest in Tier One Solar, LLC ("TOS"). On December 23, 2013, TOS borrowed the amount of $ 850,000.00 from Mutsy I, LLC ("Mutsy") pursuant to a Secured Convertible Promissory Note ("Note"). Mutsy is wholly owned and managed by Landress. On December 23, 2013, Mutsy advanced the amount of $ 820,000.002 to TOS. *768In conjunct...
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I. INTRODUCTION Kevin M. Wigger stands convicted of criminal sexual conduct in the third degree for crimes he committed before filing his chapter 7 bankruptcy petition, and he is currently incarcerated at the Central Michigan Correctional Facility. According to the Michigan Attorney General, his incarceration will continue until at least October 30, 2021 and possibly until June 10, 2030. To mitiga...
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The debtor seeks to have his student loans, consolidated in 2001, discharged because he asserts that continued repayment would constitute an undue hardship. After obtaining a bachelor's and Master's degree, being employed and then self-employed for 19 years, the debtor ended his new job search in early 2016 after six weeks to stay home to care for his ailing parent, and then for his young child. A...
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I. Background On April 18, 2015, Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code. Doc. 1. The Internal Revenue Service and Creditor Central Trenching, Inc. were among five creditors that filed proofs of claim. The IRS's amended claim *809identifies total tax liabilities of $ 130,247.45 for tax years 2011-2014, with a priority claim of $ 119,534.10. Claim No. 1-3. Central T...
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INTRODUCTION Even the Internal Revenue Service ("IRS" or "Defendant") must obey the bankruptcy code's automatic stay. If the IRS willfully violates the stay, it is liable for an individual debtor's actual damages including costs and attorney's fees. The IRS, here, admittedly violated the automatic stay by offsetting taxes owed pre-petition with the debtors' annuity payments to be received post-pet...
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In re Lee, CIVIL NO. 15-00278 SOM/RLP, 2015 WL 7274035, at *1 (D. Hawai'i Nov. 17, 2015). The United States Supreme Court has stated: [a] finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. This standard plainly does not entitle a reviewing court to ...
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John D. Rockefeller once said: "A friendship founded on business is better than a business founded on friendship." At issue in this proceeding is whether a debt that stems from two loan transactions is excepted from discharge under 11 U.S.C. § 523(a)(2)(A). The Court has jurisdiction over this core matter pursuant to 28 U.S.C. § 157(b)(2)(I) and 28 U.S.C. § 1334. The Court, having considered the e...
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The matter before the Court is the Chapter 11 Trustee's Motion To Substantively *860Consolidate The Falls Event Center, LLC with Debtors The Falls at Fresno, LLC, The Falls at Gilbert, LLC, The Falls at McMinnville, LLC, The Falls at St. George, LLC, and The Falls of Littleton, LLC; and Non-Debtors The Falls at Austin Bluffs, LLC, The Falls at Cutten Road, LLC, The Falls at Stone Oak Parkway, LLC,...
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Nicole Testa Mehdipour, as chapter 7 trustee, filed this adversary proceeding against Joseph K. Rensin, the debtor in this case, seeking declaratory relief, objecting to exemptions, and seeking turnover of property. The Federal Trade Commission ("FTC") joined in the trustee's objections to the debtor's exemptions. ECF Nos. 70 and 164, Case No. 17-11834. The Court consolidated the plaintiff's objec...
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On May 13, 2019, British American Insurance Company Limited, as plaintiff in the above-captioned adversary proceeding and judgment creditor, filed a motion asking this court to determine whether a proceeding supplementary, pursued against Sylvia Baldini, is a core matter subject to entry of final orders and judgment by this court. ECF No. 824. For the reasons stated below, the court rules that the...
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This proceeding was commenced on September 17, 2018, when James D. Cunningham, Defendant herein ("Movant") removed a dispossessory proceeding from DeKalb County Magistrate Court (the "Magistrate Court") to this Court1 . This Court remanded the dispossessory action to the Magistrate Court because Movant's chapter 13 case had been dismissed and there was no bankruptcy purpose to be served by retaini...
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