Court Cases Court Cases

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

All Reporters → br → Volume 70

Opinions in br Volume 70

ORDER These cases are before the Court on debtors’ motions to avoid the liens of First National Bank of White City on certain cattle. The debtors are represented by Jan W. Leuenberger of Leuenberger Law Offices, Topeka, and the creditor is represented by David L. Stutzman of Arthur, Green, Arthur & Conderman, Manhattan. The debtors contend that 11 U.S.C. § 522(b) and K.S.A. § 60-2304...
Views: 0
MEMORANDUM OPINION This matter came before the Court on creditor Colorado National Bank’s (CNB) Motion to Dismiss or in the Alternative for Change of Venue to the United States Bankruptcy Court for the District of Colorado. The debtor, Ginco, Inc. (Ginco) is a Nevada corporation with its principal place of business and principal corporate offices located in Denver, Colorado. On November 29, 1...
Views: 0
ORDER OVERRULING OBJECTION TO CONFIRMATION This matter is before the Court upon an objection to confirmation of the Chapter 13 plan proposed by Marjorie Helen Welch. The objection, filed on behalf of Roger L. Welch, ex-husband of the debtor, was heard by the Court. The debtor has proposed a Chapter 13 plan which provides, in part, for graduated payments to the Chapter 13 Trustee over a period of 5...
Views: 0
ORDER DENYING MOTION TO CONVERT, OR IN THE ALTERNATIVE TO APPOINT A TRUSTEE This matter is before the Court upon a motion filed by TransOhio Savings Bank (“TransOhio”), a creditor in this case, seeking to convert this case to one under Chapter 7 of the Bankruptcy Code or to have a trustee appointed. The motion was tried to the Court. The Court notes that this case began on April 17,1...
Views: 0
ORDER DENYING MOTION TO DISMISS, DENYING MOTION FOR RELIEF FROM STAY REQUESTED BY ITT INDUSTRIAL CREDIT COMPANY, AND DENYING IN PART AND GRANTING IN PART MOTION FOR RELIEF FROM STAY REQUESTED BY GENERAL MOTORS ACCEPTANCE CORP. This matter is before the Court upon motions seeking relief from stay filed by ITT Industrial Credit Company (“ITT”) and General Motors Acceptance Corp. (“GMAC”), and upo...
Views: 0
ORDER SUSTAINING OBJECTIONS TO CONFIRMATION This matter is before the Court upon objections to confirmation of the Chapter 13 plan proposed by Harry H. Folk. The objections were filed by Bank One, Columbus, NA (“Bank One”) and were heard by the Court. The debtor has proposed a Chapter 13 plan which, as amended, provides for payments of $807.67 each month for the first 12 months with monthly i...
Views: 0
ORDER OVERRULING MOTION FOR RELIEF FROM STAY AND OVERRULING MOTION TO DISMISS This matter is before the Court upon a motion seeking relief from stay filed by Associates Commercial Corporation (“Associates”) and upon the trustee’s motion to dismiss this case. The motions relate to the pending Chapter 13 case of the debtor, Eugene D. Durben, and were heard separately by the Court. The debtor ha...
Views: 0
*17 MEMORANDUM AND ORDER The trustee commenced this adversary action on September 11,1986, seeking turnover of proceeds of the debtors’ 1985 crop. Basing his complaint upon sections 544 and 545 of the Bankruptcy Code, the trustee claims an interest paramount to all others including that of the debtors’ landlord upon whose land the crop was grown. Cargill did not file an answer. FDIC and the d...
Views: 0
ORDER RE DEBTORS’ MOTION FOR A CONVERSION OF A PENDING CHAPTER 11 CASE TO CHAPTER 12 The instant proceeding came on to be heard on December 18, 1986, upon the motion filed by the above-named debtors seeking an order authorizing them to convert their pending Chapter 11 case to newly created Chapter 12 of the Bankruptcy Code. CASE BACKGROUND On October 31, 1986, the above-named de...
Views: 0
ORDER Came on this date to be considered in the above-styled and numbered cause an appeal from a Final Order of the United States Bankruptcy Court for the Western District of Texas, Waco Division. On November 9, 1984, Bankruptcy Judge Bert Thompson entered an Order declaring that a debt owed the Internal Revenue Service by the debtor would be offset by a debt owed the debtor by the United...
Views: 1
OPINION Leslie Blond (“Blond”), former officer and shareholder of Tampa Chain Company, Inc. (“Tampa”), the debtor in this bankruptcy proceeding, has appealed pro se from an order of the Bankruptcy Court approving the settlement of the bankruptcy adversary proceeding entitled Barbara Balaber-Strauss, as Trustee v. Presidential Towers Residence, Inc., Adv.Proc.No. 85-6714A (the “Co-op Adversa...
Views: 0
ORDER This matter is before the court on its own Order to Show Cause issued sua sponte on December 22, 1986, directing the Debtors to appear and show cause why their Chapter 7 petition should not be dismissed pursuant to the substantial abuse provisions of section 707(b) of the Bankruptcy Code. In lieu of a hearing scheduled for January 5, 1987, the Debtors at their option elected to respond ...
Views: 3
DECISION AND ORDER ON REMAND This is an adversary proceeding commenced by a trustee in bankruptcy to avoid a preference. The record shows that defendant was served with the complaint by certified mail on June 24, 1985. The summons informs the defendant that it had 30 days after issuance of the summons (June 24, 1985) to serve an answer upon plaintiff’s attorney. Plaintiff thereafter again serve...
Views: 2
ORDER DENYING MOTION FOR NEW TRIAL Judgment in this adversary proceeding was entered on August 7, 1986. On August 18, 1986, plaintiffs Wiggs, Inc. and Miramar, Inc., and third party defendants Sheldon and Geraldine Schwartz filed a joint motion for a new trial pursuant to Rule 59, Federal Rules of Civil Procedure. This motion was served on Richman by personal service on his counsel on August 19...
Views: 0
*35ORDER DENYING THIRD PARTY DEFENDANTS’ MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, ALTERNATIVELY, FOR A NEW TRIAL Following the entry of a judgment against them based upon a jury verdict, the third party defendants, Sheldon and Geraldine Schwartz, have filed a motion for judgment notwithstanding the verdict or, alternatively, for a new trial, based on Rules 50(b) and 59 of the Federal R...
Views: 0
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND ALTERNATIVE MOTION FOR ADEQUATE PROTECTION THE MATTER under consideration is a Motion for Relief from Automatic Stay and Alternative Motion for Adequate Protection filed by McCullagh Leasing Corporation (MLC), Lessor in the above-captioned case. The Court has considered the Motion, together with the record, heard arguments of counsel, and now find...
Views: 1
MEMORANDUM OF DECISION This proceeding concerns the objection of the creditors’ committee to an application of Hopmeadow Rental & Leasing, Inc. (Hopmeadow) for allowance of its claim in the amount of $2,119.89 as an administrative expense. The facts underlying the application are taken from the case file and a brief evidentiary hearing held on December 30, 1986. I. Davidson & Mc...
Views: 0
DECISION In this adversary proceeding, the Chapter 7 trustee seeks an order directing the defendants to turn over to him 10 shares of its common stock, which represents the debtor’s 25% ownership share in the defendant corporation. FACTS The defendant, Omni-Veterinary Supply Co., Inc. (hereinafter referred to as “Omni-Vet”) was organized in the State of New Jersey on or about August 20, 198...
Views: 1
ENTRY ON DEBTORS’ FEBRUARY 5, 1986, MOTION TO AMEND CHAPTER 13 PLAN TO CLARIFY TREATMENT OF CLAIM OF CREDITOR (“MOTION”) The issue before the Court is whether Debtors’ second amended plan must treat the Internal Revenue Service’s (“IRS”) $3,109.50 claim for pre-petition interest as a priority unsecured claim pursuant to 11 U.S.C. Section 507(a)(6). 1 The IRS’ interest *4...
Views: 1
ORDER This matter comes before the court on the Motion to Prohibit Use, Sale or Lease of Collateral and Motion to Prohibit Debtors’ Use of Proceeds filed by Indiana Lawrence Bank on August 19, 1986. For the following reasons the court denies the bank’s motions and instead orders the debtors to make adequate protection payments as set forth herein. The bank is a creditor holding a...
Views: 0
MEMORANDUM OPINION Before the Court is Plaintiff's Motion For Judgment On The Pleadings On Its Complaint, wherein it seeks a finding that the debt owed it is nondischargeable pursuant to 11 U.S.C. § 523(a)(4). We find that Defendant has committed at least a defalcation while acting in a fiduciary capacity, and that judgment on the pleadings should be granted. FACTS Pl...
Views: 4
MEMORANDUM OPINION AND ORDER This matter came for trial on plaintiff, John W. Cobb’s complaint objecting to discharge of the debtors, Earl Daniel Hadley and Albertine Gayle Hadley, on September 9 & 11, 1986. The plaintiff appeared by and through his attorneys, Kelly D. Chestnut and Robert McRorey. The debtor-defendants appeared in person and through counsel, Dianna K. Stapleton and Harry ...
Views: 0
In its complaint in the present adversary proceeding, plaintiff alleges that it has a secured interest in a lawn tractor with grass catcher. It says that defendant has failed to redeem the property, reaffirm the debt, or return the property. It prays that we find the debt owing to plaintiff by defendant nondischargeable. Defendant denies the allegations of the complaint and asserts, essentially, ...
Views: 0
DECISION AND ORDER Debtors in this case seek confirmation of their Chapter 13 plan. Unsecured creditors, Kenneth and JoAnn Cornett (hereinafter “creditors”), object to confirmation, stating that the plan is contrary to *58 § 1325(a)(1), not complying with the provisions of Chapter 13 and, further, that it is not proposed in good faith, as required by § 1325(a)(3). At the hearing, it became ...
Views: 0
*61 MEMORANDUM OPINION Before the Court is an Objection by the Trustee to a claim of exemption by the Debtors. Specifically, the Court must determine whether the transfer of a one-half (V2) interest in the Debtor-husband’s retirement stock and savings account to his Debtor-wife, constitutes a valid transfer which would entitle the Debtor-wife to claim an exemption therein. T...
Views: 1
MEMORANDUM DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Howard and Emily Bradshaw brought this adversary proceeding against London, Inc. (“London” or “debtor”) to have the court invoke its equitable powers and impose a superpriority lien against London’s assets, pursuant to 11 U.S.C. § 364(c). When the complaint was filed, London was a debtor in possession under Chapter 11 of the Bankrup...
Views: 1
MEMORANDUM OPINION Facts This matter comes before the Court on the Motion to Convert filed by the Debtor, Harry Jackson Hughes, to convert from Chapter 13 under Title 11 of the United States Code to Chapter 12 under Title 11 of the United States Code. Permanent Savings Bank, having filed a response in opposition to the Motion to Convert, appeared by counsel, and the Debtor appeared in p...
Views: 1
MEMORANDUM DECISION AND ORDER On December 16, 1986, Merlyn and Mar-lys Rennich (debtors) filed for relief under *70 Chapter 12 of the Bankruptcy Code. According to their schedules, they operate a dairy and farming business in Harrisburg, South Dakota. Also on that date, they filed a. motion for use of cash collateral. On January 16, 1987, Federal Deposit Insurance Corporation (FDIC) filed a...
Views: 2
MEMORANDUM OPINION This Chapter 13 case is before the court on the trustee’s motion to modify the confirmed plan filed by this debtor. The court entered an order confirming the plan in March of 1985 on the recommendation of *73 the trustee. The confirmation order was entered without any hearing, inasmuch as no creditor had objected to the plan. The plan as filed and conf...
Views: 2
MEMORANDUM AND ORDER The issue before the court is whether, in North Dakota, a contract for deed for the purchase of real property is an executory contract pursuant to section 365 of the Bankruptcy Code. Herbert and Christine Czeczok (Czeczok) filed on November 10, 1986, a Motion For Relief From Stay concerning certain development property purchased on contract by the debtor, William L. Faiman ...
Views: 0
MEMORANDUM OPINION This adversary was filed to determine the dischargeability of a debt. The debt- or’s corporation (“Crown”) sold certain accounts to the creditor (“GMA”) at a discount. GMA took a security interest in the receivables. GMA’s officer testified that the only notification given to account debtors was a change of the post office box for remitting payments. Certain payments were nonet...
Views: 0
MEMORANDUM OPINION This proceeding concerns leases of nonresidential real property. Senioris Enterprises, Inc. (“Debtor”) is the lessee of several locations in shopping centers where it conducts a restaurant business called “The Stuffed Pocket”. Homart Development Co. (“Homart”) is the lessor of at least two of these locations, the Willowbrook Mall and the Deerbrook Mall, both in the Hous...
Views: 0
OPINION The debtor 1 sent notice of its intent to continue paying its president and chief executive officer, Harry Breitman, his annual-salary of $104,000.00 and to continue paying its executive vice president, Terrence Maher, his salary of $65,000.00. 2 Three creditors filed objections to the proposal concerning Dr. Breitman and one creditor filed an objection concerning the proposed compe...
Views: 3
MEMORANDUM AND DECISION Heretofore, Robert Wagner, trustee in bankruptcy for Rumsey Sheet Metal, Inc., (Rumsey) moved this Court for partial summary judgment. The parties submitted briefs, exhibits and other products of pretrial discovery including the depositions of Mr. Richard Rumsey, a principal of the debtor corporation, and Mr. John Trait, a principal of the defendant corporation. Or...
Views: 0
MEMORANDUM AND DECISION The Creditors’ Committee for the debtor, Keegan Utility Contractors, Inc. (Keegan), objects to the claim of Joseph L. McGloin. The claim, for $2,584.60, represents legal fees Mr. McGloin incurred in his capacity as the debtor’s construction manager and officer. Keegan filed its Chapter 11 petition on March 5,1985. Proofs of claims were then filed by Keegan’s creditors....
Views: 0
OPINION AND ORDER The Trustee commenced this proceeding for summary judgment seeking a determination which would allow him to recover from First State Bank, now by merger Merchants Bank, payments made by the debtor-in-possession in order to satisfy a pre-bankruptcy indebtedness. For the reasons provided herein, we grant the Trustee’s requested relief. FINDINGS OF FACT After reviewing the briefs a...
Views: 0
OPINION Plaintiff, Donald G. Navarro, as Trustee for Compco Computer Centers, Inc. (“Trustee”), made a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure for an order directing entry of partial summary judgment in favor of the Trustee and against Defendant, International Business Machines Corporation (“IBM”) alleging that the lien asserted by IBM was unperfected as IBM fai...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come on before the Court on February 10, 1987, upon the Complaint to Determine Non-Dischargeability of Debt owed to the creditor/plaintiff, CHERYL LYNN HOOVER (the “creditor”), by the debtor/defendant, MARTIN ALBERTO GOMEZ (the “debtor”), pursuant to 28 U.S.C. §§ 157(b) and 1334 and 11 U.S.C. § 523(a)(9) and the Court having heard the te...
Views: 0
70 B.R. 98 (1987) In re Mark Douglas CHUNING & Paula Renee Chuning, Debtors. Charles E. RUBIN, Trustee, Plaintiff, v. The REORGANIZED CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, et al., Defendants. Bankruptcy No. 86-01767-2, Adv. No. 86-0399-2. United States Bankruptcy Court, W.D. Missouri. February 20, 1987. Joyce B. Kerber, Independence, Mo., for defendant RLDS. *99 Stephen B. Strayer, Kan...
Views: 0
MEMORANDUM OPINION AND ORDER BACKGROUND This well tried on both sides adversary matter comes before the Court on the Complaint of the Trustee against the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS) to determine lien status and to compel turnover of property. The debtors, but primarily Mark Douglas Chuning, had been engaged in farming as a share cropper for the RLDS since 1983. P...
Views: 1
*103 OPINION The matter before the Court raises the issue of whether funds segregated by the Debtor in trust for federal taxes, pursuant to federal statute, are property of the Debtor’s estate and, as such, are available for distribution to all creditors, as opposed to being payable, in their entirety, to the federal government on account of the taxes due. While we share, with th...
Views: 1
OPINION Niermeyer appeals from an order dismissing her complaint seeking a declaration that the debtor’s liability to her was not dischargeable under 11 U.S.C. Section 523(a)(5). Niermeyer obtained a non-marital support judgment in state court at the termination of a lengthy relationship with Doyle. The bankruptcy judge found that it was not the intent of Congress that non-marital support, or “...
Views: 0
OPINION The debtors appeal from an order dismissing their bankruptcy case. The bankruptcy judge dismissed the Kellys’ Chapter 7 case pursuant to 11 U.S.C. § 707(b) after determining that their debts were primarily consumer debts and that granting relief to them would be a substantial abuse of Chapter 7. In re Kelly, 57 B.R. 536 (Bankr.D.Ariz.1986). The Kellys raise the followin...
Views: 2
I The Debtors appeal from a ruling that their liability for 1979 and 1980 income taxes is not discharged. Paraphrasing 11 U.S.C. § 523(a)(1)(A), a debtor who has filed non-fraudulent tax returns may discharge tax liabilities except for amounts due within three years prior to the date of filing. In this case the Debtors were in a Chapter 13 case for almost three years before dismissing...
Views: 0
The Chapter 11 debtors, Merv and Linda Newell, appeal from the bankruptcy court’s *117 order terminating the automatic stay entered in favor of the appellee, Bank of Palm Springs (“Bank”). The sole issue raised by the Newells on appeal relates to the timeliness of their objections 2 to the Bank’s proposed findings of fact, conclusions of law, and order, which ...
Views: 2
Creditor Owen Goldsmith appeals from an order granting debtor’s motion for summary judgment which dismissed creditor’s adversary complaint for nondischargeability. We reverse and remand. STATEMENT OF FACTS The debtor John Harck, a real estate salesman licensed by the Department of Real Estate of the State of California, was the owner of real property located at 1101 Palm Avenue, Marti...
Views: 2
ORDER Before the Court are motions to dismiss by Fleet Mortgage Company and to cite Fleet Mortgage Company in contempt filed by the debtor. The following facts were presented at the hearing on May 17, 1985. Frank J. Hubbard, Jr., filed a voluntary petition for relief under the provisions of Chapter 7 on May 18, 1982. According to an Order entered by this Court, the Honorable Charles W. Baker presi...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW FINAL DECREE AND JUDGMENT DENYING COMPLAINT OBJECTING TO DISCHARGE The plaintiff seeks denial of discharge 1 on the grounds that defendant made false oaths in connection with this bankruptcy proceeding within the meaning of section 727(a)(3), (4) of the Bankruptcy Code. The evidence which was adduced in the course of the plenary evidentiary ...
Views: 1
ORDER DENYING MOTION FOR RECONSIDERATION “[A] ‘motion for reconsideration,’ although filed within 10 days, contained no request to alter or amend judgment (though maybe that was implicit) but merely informed the court that the movant would file at a later date a memorandum of law. Essentially, then, the motion was a request for extension of time, and extensions of time are not permitted for Rule 5...
Views: 0
ORDER GRANTING MOTION OF JOHN E. FOWLER FOR RELIEF FROM STAY The matter before the Court is the motion of JOHN E. FOWLER (“FOWLER”) for relief from the automatic stay of 11 U.S.C. § 362(a). The Court, having heard the testimony and examined the evidence presented, having observed the candor and demeanor of the witnesses, having considered the arguments of counsel, including memoranda of l...
Views: 2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENTS SUSTAINING COMPLAINT FOR DENIAL OF DISCHARGE AND DENYING COMPLAINT FOR A DECREE OF NONDISCHARGEABILITY The above styled actions, consisting of an objection to discharge upon the principal ground of debtors’ failure to disclose in the schedules the granting of an additional mortgage on their residential real property a scant four day...
Views: 1
DECISION ON ORDER DETERMINING DISCHARGEABILITY The creditor, Mason Lumber Company, filed this adversary proceeding to determine the dischargeability of a debt under 11 U.S.C. § 523. Trial was held on January 27, 1987, at which the plaintiff and the defendant debtor, each represented by counsel, were.present and adduced testimony. The matter was then taken under advisement. This is a ...
Views: 2
ORDER Plaintiffs appeal from the bankruptcy court’s order which denied their request for turnover of property from the trustee. The relevant facts are taken from the parties’ stipulation of facts before the bankruptcy court. Plaintiffs filed a voluntary Chapter 7 petition on November 1, 1984. On October 30, 1984, plaintiffs entered into a contract to sell certain real estate with a commercial...
Views: 1
MEMORANDUM OPINION Charles L. Hoffman, Jr., (Hoffman) filed a voluntary petition under the provisions of chapter 7. On September 13, 1985, National Bank of Commerce of Pine Bluff (NBC) filed a pleading styled, “Objection to Discharge and Complaint to Determine Dis-chargeability of Debt.” The proceeding before the Court is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I) and (J)...
Views: 1
MEMORANDUM OPINION On January 3, 1985, M.L. and Frances Green, debtors, filed a voluntary petition for relief under the provisions of chapter 13. The amended plan proposed to pay unsecured creditors around twenty-five percent of each allowed claim. Twenty-five percent is more than unsecured creditors would receive in a chapter 7 case according to the schedules. A claim of Peoples Bank and Loan ...
Views: 0
MEMORANDUM OPINION This matter came before the Court for trial on October 16, 1986, on the complaint of W.C. McCelvey to determine the dis-chargeability of a debt under § 523(a)(6) of the Bankruptcy Code. *169 At trial, plaintiff rested its case on various documents of record in the underlying federal district court proceeding W.C. McCelvey v. Benny Fulgham, No. C...
Views: 1
*171 ORDER AND NOW, this 27th day of October, 1986, it is ORDERED that the Motion of Natalie S. Pavelka to Dismiss the Plaintiff’s Complaint to Determine Discharge-ability of Debt is hereby DENIED. The last day for timely filing of the plaintiff’s Complaint was July 1, 1986. The Court per review of the pleadings and independent research, has ascertained that the filing of the Complaint occu...
Views: 1
MEMORANDUM OPINION Pursuant to 11 U.S.C. § 505 the debtors seek a determination of the tax liability of the debtor James Lee McManis to the United States of America for withholding and other taxes owed by McManis & Associates, a partnership. The plaintiff debtors and the defendant United States of America each have filed motions for summary judgment pursuant to Bankruptcy Rule 7056 on the...
Views: 0
MEMORANDUM OPINION AND ORDER I Statement of Proceedings This case came on for a consolidated hearing on August 13, 1986, on Motion of Robert Calloway and Patricia Calloway (hereinafter: “Debtors”) filed June 30, 1986 to Dismiss the Involuntary Petition of Lafayette National Bank and Trust, Northern Indiana Bank and Trust Company and Anthony Wayne Bank (hereinafter: “Petitioner”)...
Views: 1
MEMORANDUM OPINION On March 4, 1986, Charles T. Bernard and Betty H. Bernard (debtors) filed their amended plan of reorganization. A confirmation hearing was held in Jonesboro, Arkansas, on the 22nd day of April 1986. The Federal Land Bank of St. Louis (Land Bank), which is a class III secured creditor, filed a written objection to confirmation and also voted to reject the plan. All other class...
Views: 0
ORDER ALLOWING MOTION TO DISMISS AND TO MAKE MORE DEFINITE AND CERTAIN The defendants filed motions to dismiss the complaint and to strike and to make various allegations more definite. The motions should be granted. The trustee filed a 30-page complaint against four of the officers of the debtor and a related partnership seeking to impose liability on the theory of piercing the corp...
Views: 2
ORDER DENYING MOTIONS FOR RECONSIDERATION The above and within motion for reconsideration and that of the United States of America, which was filed on October 30, 1986, came on before the court for hearing on November 14, 1986. The court then heard the arguments of counsel for plaintiffs and those of counsel for the defendants. At the conclusion thereof, the court announced its determination to...
Views: 0
MEMORANDUM DECISION This matter came before the court on September 8,1986 upon the trustee’s objection to debtor’s claim of homestead exemption. (C.P. No. 7). The debtor is a bookkeeper who earned about $300 a week dur *191 ing the past two years. Her marriage was terminated in 1986. She has minor children living with her. The debtor resides in an abode located within a munic...
Views: 0
ORDER DENYING MOTION TO DISMISS Came on for consideration on October 17, 1986, the Motion to Dismiss of James P. Corcoran, Superintendent of the Insurance of the State of New York (Superintendent), and after considering the memoranda of authority and the argument of counsel the Court enters the following Order: This adversary proceeding in the nature of interpleader was filed by Mich...
Views: 0
MEMORANDUM This matter is presently before the Court on an interlocutory appeal from the United States Bankruptcy Court for the Eastern District of Tennessee. The defendants in this action appeal the decision of the bankruptcy court denying a jury trial in this matter. 66 B.R..370 (1986). The liquidating trustee, the plaintiff, has also filed a number of motions seeking to have several of...
Views: 3
ORDER REINSTATING CHAPTER 13 CASE, DISCHARGING DEBTOR’S ATTORNEY, AND SETTING HEARING RE. ATTORNEY FOR DEBTOR’S COMPENSATION This cause came on to be heard upon the debtor’s motion to vacate and/or reconsideration of order dismissing case for failure to file chapter 13 statement and plan. The motion filed by debtor’s counsel recites that the debtor’s failure to file the plan was a result of d...
Views: 0
MEMORANDUM AND ORDER The matter before the court is an adversary proceeding commenced on July 2, 1986, to determine the secured status of Production Credit Association of the Midlands/Farm Credit System Capital Corporation (PCA) in property of John and Alice Todd (Debtors). The dispute is essentially twofold: whether PCA’s security interest in the Debtors’ chattels is perfected and whethe...
Views: 1
MEMORANDUM-DECISION AND ORDER The facts surrounding the present motion of The Chase Manhattan Bank, N.A. (“Bank”) are not in dispute. Gerald F. Eccleston (“Debtor”) filed a bankruptcy petition for relief under Chapter 11 of 11 U.S.C. §§ 101-151326 (“Code”) on June 19, 1984. The Bank filed a proof of claim asserting a secured claim in the amount of $116,557.13. Debtor’s case was voluntaril...
Views: 2
MEMORANDUM AND ORDER On this appeal fully submitted on October 9, 1986, the Debtor in this Chapter 11 reorganization proceeding seeks to review an order of the Bankruptcy Court (Schwartzberg, J.) issued June 12, 1986. In re Cohoes Industrial Terminal, Inc., 62 B.R. 369 (Bkrtcy.S.D.N.Y.1986). The parties to the dispute herein are adversaries in at least four separate lawsuits in the state and ...
Views: 1
DECISION AND ENTRY ADOPTING IN ITS ENTIRETY THE REPORT AND RECOMMENDATION OF THE UNITED STATES BANKRUPTCY JUDGE (DOC. #21); DECISION AND ENTRY OVERRULING OBJECTIONS OF TRUSTEE TO SAID REPORT AND RECOMMENDATION; MOTION OF PIPER AIRCRAFT CORPORATION TO WITHDRAW THE DISTRICT COURT’S ORDER OF REFERENCE TO THE BANKRUPTCY COURT REGARDING THE ABOVE ADVERSARY PROCEEDINGS IS HEREBY SUSTAINED IN ITS ENTIRE...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT DIRECTING RETURN OF $50,000 PLUS APPROPRIATE INTEREST BY DEFENDANTS TO THE PLAINTIFF This is an action brought by a chapter 11 debtor for the purpose of compelling the defendants to return to it the sum of $50,-000 which the debtor paid as an earnest money deposit 1 on a contract for the lease *230 of a certa...
Views: 0
MEMORANDUM DECISION This dispute arises by way of a Motion for Protective Order filed by NCNB NATIONAL BANK OF FLORIDA (“NCNB”). The NCNB Motion for Protective Order (“NCNB Motion”) was filed in this Court in response to the issuance by the Clerk of this Court of a Subpoena to Witness issued on September 23, 1986. This Subpoena was served on NCNB by FINCORA, LTD., CFC CAPITAL CORPORATION, and COM...
Views: 0
MEMORANDUM OF DECISION The instant adversary comes before the Court upon the complaint of the trustee to avoid a preferential transfer pursuant to 11 U.S.C. § 547. The debtors appear by Marvin R. Appling, Wichita. The plaintiff/trustee appears personally and by Karl R. Swartz of Morris, Laing, Evans, Brock & Kennedy, Wichita. The defendant, Citizens State Bank (“CSB”), appears by Calvin L...
Views: 1
This Decision addresses the duty of reasonable inquiry imposed by Bankruptcy Rule 9011 with regard to a pleading which “denies knowledge or information sufficient to form a belief” as to matters of public record. FACTS The plaintiff’s/debtor’s complaint contains the following allegations: *242 1. This adversary proceeding is brought pursuant to Bankruptcy Rule 7001 and S...
Views: 1
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT On August 13, 1986, Plaintiff, Arrow Air (“Arrow”), filed its two count Complaint against Defendant, United Airlines (“United”). Plaintiff’s Amended Complaint was filed August 26, 1986. Count I sought the refund of overpayments made by Arrow to United for which no services were provided under the parties’ Ground Services Agreement No. 49789. Coun...
Views: 0
ORDER DENYING MOTION TO REMOVE DEBTOR’S COUNSEL THIS CAUSE came before this Court for final hearing on August 19, 1986, upon a Motion by the Creditors’ Committee to remove debtor’s counsel due to alleged conflict of interest and to deny any and all compensation for debtor’s counsel. The creditors’ committee alleges that a conflict of interest exists which requires the removal of counsel f...
Views: 2
MEMORANDUM OF OPINION AND ORDER This matter is before the Court upon the motion of Needles Development Company (Needles) for relief from the automatic stay or, alternatively, for adequate protection pursuant to 11 U.S.C. § 362(d). The matter was heard to the Court with notice having been made upon all parties entitled thereto. Upon an examination of the record in its entirety, the evidenc...
Views: 3
ORDER DENYING PRELIMINARY INJUNCTION This is a highly unusual case in which the Trustee labors under particularly difficult circumstances as a result of the Debt- or’s failure to keep, or in any event make available to the Trustee, adequate books and records. According to credible testimony, Debtor has held numerous parcels of real property, single family, multifamily, and large development projec...
Views: 0
OPINION This is an appeal from the Bankruptcy Court, where the application of plaintiff First National Bank of Maryland (the “Bank”) for an extension of time in which to file its complaint was denied. Defendant Allan E. Markoff now moves to dismiss pursuant to Rule 7041 of the Bankruptcy Rules and Rule 41(b), F.R.Civ.P., for the Bank’s failure to file a timely brief in this court. ...
Views: 0
MEMORANDUM AND ORDER This case involves an appeal from an order of the Bankruptcy Court pursuant to *268 28 U.S.C. section 158(a). The appellants, Joyce Searles (“Mrs. Searles”) and James K. Searles (“Mr. Searles”), challenge an order of the Bankruptcy Court, entered April 11,1986, that required them to vacate a residence in Cumberland, Rhode Island known as Grayrock Manor. T...
Views: 2
MEMORANDUM AND ORDER The matters before the court are two motions to dismiss filed by Federal Land Bank of St. Paul (FLB), on December 29, 1986, and Gate City Federal Savings Bank of Minot (Gate City) on January 12, 1987. Both movants allege that the instant Chapter 11 petition, being the debtors’ second petition, was filed in bad faith, that there is a continuing loss to and diminution of the ...
Views: 0
MEMORANDUM OPINION This appeal by Cemco, Inc. (“Cemco”), a creditor of the debtor’s estate, concerns the May 16, 1985, and June 27, 1986, orders of Bankruptcy Judge Schwartz declaring that the debtor, Howard National, the bankruptcy estate, and the trustee, Lawrence Cooper have no right, title or interest in and to a certain installment note, known as the “Westernaire Note” (the “Note”). ...
Views: 0
MEMORANDUM AND ORDER Presently before the court is an appeal from an Order dated May 12, 1986, issued by United States Bankruptcy Judge William A. King, Jr. In that Order, Judge King granted the creditor-appellee, Maria Amaya’s motion, pursuant to 11 U.S.C. § 362(d), to modify the automatic stay of proceedings against debtor-appellant, Patricia Halley. For the reasons stated herein, after...
Views: 2
OPINION This matter is before the Court on appeal from the decision of the United States Bankruptcy Court for the Western District of Michigan. In the proceedings below Walter Heller, a secured creditor of the debtor, Fasano/Harris Pie Company (“Fa-sano/Harriss”), and Richard Remes, the trustee in bankruptcy, brought an action against Food Marketing Associates, Ltd. (“FMA”), appellant, to recover...
Views: 0
ORDER Came on for hearing on December 19, 1986, the Trustee’s Motion for Extension of Time to File Objections to Discharge of Debtor, and after considering the evidence presented and the argument of counsel the Court enters the following Order. I. Facts On June 9, 1986, Debtors filed their petition in Bankruptcy under Chapter 7. On July 27, 1986, the first meeting of creditors w...
Views: 0
MEMORANDUM-DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT This motion for summary judgment arises in the adversary proceeding commenced by Peggy L. McMahon (“Debtor”) against a creditor, Gertrude S. Nourse, (“Nourse”), the Sheriff of Herkimer County, New York, Daniel B. Reardon (“Rear-don”), and Christine R. Scalzo (“Trustee”). The Debtor seeks to recover certain items of personal prop...
Views: 1
ORDER MEMORIALIZING ORAL ORDERS ISSUED BY COURT ON JANUARY 26, 1987, ON CASH COLLATERAL ISSUE The within petitions for relief under chapter 12 of the Bankruptcy Code were filed on January 13, 1987. The debtors’ counsel, at the same time, filed a motion for use of the cash collateral of the Heritage Bank. The motion which was thus filed was of the following substance: “Debtors have received proceed...
Views: 0
OPINION ON OBJECTIONS TO LIEN CLAIMS ISSUES — FACTS—CONTENTIONS This matter is before the Court on the debtor’s objections to lien claims. The narrow issue is what must a Washington statutory mechanic’s lien claimant do to preserve or perfect the lien, if anything, when a bankruptcy is filed after the recording of the Notice of Claim of Lien but before commencement of a foreclosure p...
Views: 0
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS MATTER came on before the Court on January 14, 1987, upon the cross-motions for summary judgment filed by Plaintiff and Defendant. Plaintiff, RICHARD A. HARRINGTON, a retired police officer for the CITY OF CORAL GABLES, FLORIDA, is a Chapter 13 debtor. Defendant, GEORGE A. LIMBEY, is also a retired CORAL GABLES policeman and a jud...
Views: 0
MEMORANDUM OPINION AND ORDER Flushing Savings Bank (“Flushing” or the “Bank”) appeals pursuant to 28 U.S.C. § 158(a) from an order of the Bankruptcy Court for the Southern District of New York, Hon. Howard Schwartzberg, Bankruptcy Judge, fixing the monthly use and occupation of its lessee and the debtor herein, Lockwood Enterprises, Inc. (“Lockwood”) at $20,000. Lockwood presently leases premises...
Views: 1
In the instant matter, appellant Twins Roller Corporation (“Twins”) appeals an Order entered by United States Bankruptcy Judge Abram, in In Re Roxy Roller Rink Joint Venture, No. 84 B. 11469 (Bankr.S.D.N.Y. September 12, 1985) (“Order”). The action is now before the Court upon appellee Roxy Roller Rink Joint Venture’s (“Roxy Roller”) motion to dismiss the appeal. Roxy Roller advances...
Views: 1
MEMORANDUM OPINION Liberty National Bank and Trust Company of Louisville, successor to United Kentucky Bank, Inc., appeals from the Confirmation Order, entered by the United States Bankruptcy Court for the Western District of Kentucky in this Chapter 11 reorganization proceeding which denied Liberty post-petition pre-confirmation interest and attorney’s fees on its secured claims beyond t...
Views: 1
MEMORANDUM OPINION This Memorandum Opinion constitutes the Court’s findings of fact and conclusions of law under Bankruptcy Rule 7052 with respect to the trial on December 18, 1986. Gerrald W. Nance (“Nance” or “Defendant”) filed for bankruptcy on approximately April 10, 1985. On July 22, 1985, Borg Warner Central Environmental Systems, Inc. (“Plaintiff”) filed a complaint to determi...
Views: 3
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On September 17, 1986, a hearing was held on objections of the Chase Manhattan Bank, N.A. (“Bank”) to confirmation of the proposed amended Chapter 13 plan advanced by Theodore R. and Marie E. Mas-cari (“Debtors”). This matter was thereafter submitted for decision, and the following constitute the Court’s Findings of Fact ...
Views: 0
MEMORANDUM OPINION REGARDING CONFIRMATION OF DEBTOR’S FIRST AMENDED PLAN OF REORGANIZATION The issue is whether the Court should allow the debtor to cramdown its plan of reorganization on the first mortgagee of a substantial part of its farmland when the plan provides that only a certain part of the mortgaged premises be deeded to the mortgagee in full satisfaction of the entire mortgage indebt...
Views: 1
MEMORANDUM ON DEBTORS’ MOTION TO CONVERT TO CHAPTER 13 At issue is whether the debtors may convert from Chapter 7 to Chapter 13, 11 *338 U.S.C.A. § 706(a) (West 1979), where the court has previously converted their case from Chapter 11 to Chapter 7. Conceding they do not have an absolute right, the debtors nonetheless contend they should be permitted to convert to Chapter 13....
Views: 1
OPINION Before the Court in this Chapter 13 proceeding are motions to dismiss by both the Chapter 13 Trustee and the Federal Home Loan Mortgage Corporation (“Federal”), the holder of the mortgage on the residence of the debtor, Frank Bono. The movants invoke § 109(g) of the Code, which disqualifies an individual from being a debtor, if during the preceding 180 days, he was a debtor in a c...
Views: 1
MEMORANDUM OPINION Taiman Home Mortgage Corporation (“Taiman”) has appealed a decision of the bankruptcy court denying its motion to modify the automatic stay entered in a chapter 13 proceeding of John W. and Kathleen M. Toth (“the debtors”). For the following reasons, the decision is remanded to the bankruptcy court for further proceedings consistent with this opinion.1 The debtors own a condomi...
Views: 0
MEMORANDUM AND ORDER The petitioner, Crown Leasing Corporation, seeks a writ of mandamus or a writ of prohibition to require a bankruptcy judge to recuse in an adversary proceeding, and to reassign the case to another judge. The factual background may be briefly summarized: Lorraine Johnson-Alien is the debtor in a Chapter 13 proceeding originally pending before the Honorable William A. King,...
Views: 0
MEMORANDUM DECISION AND ORDER RE: MOTION TO VOID TRANSFER On October 31, 1986, Aero Filipinas (“Aero”) filed a Motion to Void Transfer, whereby it requested that the attorneys for the debtor, the Law Firm of Green, Ning, Lilly & Jones (“Applicant”), be compelled to return to the debtor the amount of $10,-719.80. This amount represents partial payment to debtor’s attorneys for attorneys’ f...
Views: 0
MEMORANDUM OPINION AND ORDER THE FACTS The only thing striking about the facts of this case is given the staggering number of bankruptcy cases filed every year, the problem now before the Court does not occur much more often. The facts are relatively simple and are not in dispute. Frontier Enterprises, Inc. (the “Debtor”) filed a voluntary Chapter 7 petition on October 28, 1983....
Views: 1
MEMORANDUM-DECISION AND ORDER On April 3, 1986, debtors Larry C. Wood-worth and Mary Katherine Woodworth (“Debtors”) filed their petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. §§ 101-151326 (“Code”). The applicant herein was appointed Trustee of the Debtors on April 9, 1986, and accepted the appointment on April 10, 1986. On June 13, 1986, the Court appointed the Tr...
Views: 0
MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion of the Chapter 7 Debtors, Randall É. Henson and Deborah Henson, to Reopen their case so that they may file Amended Schedules, listing a previously omitted creditor. The Motion alleges that the “Debtors filed their Chapter 7 petition ... on January 11, 1985”. The fact is, however, that the Debtors filed a Chapter 13 ...
Views: 2
On August 12, 1986 the debtor filed a motion to avoid a judicial lien on the basis that the lien impairs debtor’s homestead exemption. Upon timely objection by the judgment creditor, a hearing was held on December 10, 1986. The Court finds that the debtor filed a voluntary Chapter 7 petition for relief in bankruptcy on May 29,1986. At that time, debtor claimed an exemption on its homestead as p...
Views: 1
DECISION This case raises the issue of whether Commodity Credit Corporation (“CCC”) may set off a $20,762.98 obligation to Brooks Farms (“debtor”) against a separate obligation “in excess of $20,762.98” 1 due from the debtor to CCC. The issue has been submitted on the defendants’ motion for summary judgment. A stipulation of facts has been filed by the parties. *370 The debtor is a partne...
Views: 1
MEMORANDUM-DECISION AND ORDER ON DEBTOR’S MOTION TO DISMISS ADVERSARY COMPLAINT For the second time, the Court considers the arguments of Debtor, Salvatore Tuzzo-lino (“Debtor”) seeking to dismiss the adversary complaint objecting to discharge-ability filed by Plaintiff Langine R. Waskiewicz (“Plaintiff”). By Order of the Court dated September 8, 1986, the Court dismissed Plaintiffs adver...
Views: 2
MEMORANDUM OPINION AND ORDER This action involves an interlocutory appeal of two issues raised in the individual bankruptcy of Wayne J. Klein. Presently pending before the Court is Wayne J. Klein’s motion for leave to appeal, filed pursuant to Bankruptcy Rules 8001 and 8003. For the reasons noted below, leave to appeal is denied. PROCEDURAL HISTORY Wayne J. Klein is President of...
Views: 2
MEMORANDUM SUR DEBTOR’S MOTION FOR RECONSIDERATION OF OPINION AND ORDER DATED JANUARY 9, 1987 On January 20, 1987, the Debtor filed a timely 1 Motion that we reconsider certain portions of our Opinion and Order of January 9, 1987, in which we ruled upon an Objection of the Debtor to the Proof of Claim of the Debtor’s Mortgagee, now known as Meritor Mortgage Corporation East (he...
Views: 1
MEMORANDUM OPINION AND ORDER The Plaintiff filed the within adversary proceeding seeking an order of this Court barring the Defendant’s discharge pursuant to the provisions of Section 727 of the Bankruptcy Code and also seeking a determination of nondischargeability as to certain obligations owed the Plaintiff by the Defendant pursuant to Section 523 of the Code. The matter came on for trial ...
Views: 0
OPINION AND ORDER This matter was presented to the Court on the motion of the Debtor herein pursuant to which the Debtor requested that the Court determine that the automatic stay provided for by 11 U.S.C. § 362 was applicable to stay the pending foreclosure action of Beneficial Mortgage Co. of Colorado (“Beneficial”). The Court ruled that the stay did not apply. Thereafter the Court, ...
Views: 3
DECISION This action, commenced by John D. Stein, Chapter 7 trustee (“trustee”), seeks a turnover 1 of the debtor’s undivided one-half interest 2 in an 80 acre farm located at 6479 West Waukau Avenue, Oshkosh, Wisconsin. Defendant, John W. Zarling (“debt- or”), appears pro se. The trustee has joined other parties as defendants because of their possible interests in the farm. Trial was com...
Views: 1
ORDER This adversary proceeding is before the Court on plaintiff's motion for summary judgment filed December 2, 1986. Plaintiff, John Daniel, seeks summary judgment on his complaint filed May 9, 1986, seeking to deny dischargeability of a judgment claim against the debtor, Benjamin H. Jenkins. Plaintiff received a judgment against defendant in June 1985 for compensatory and punitive damages fo...
Views: 0
PRELIMINARY ORDER ON DEBTORS’ MOTION TO HOLD IRS IN CONTEMPT This cause came on to be heard on the motion of William J. Holland and Patricia A. Holland, debtors, to hold Internal Revenue Service (hereinafter referred to as IRS) in contempt. The IRS has indicated that it can not be held in contempt for a number of reasons. This order will dispose of some of these reasons. The remainder will be d...
Views: 2
OPINION The narrow issues before me stem from a motion to dismiss filed by defendants in response to a complaint to recover allegedly preferential transfers. For purposes of this motion, the relevant facts are not in dispute. On February 9, 1981, the debtor filed a voluntary bankruptcy petition under chapter 11 and operated its business as debtor in possession. 11 U.S.C. § 1107. The ...
Views: 0
MEMORANDUM On March 24, 1986, this court entered an order authorizing the debtor to employ Deric Associates, Inc. (“Deric”) to assist the debtor in collecting monies allegedly due the debtor from Transport Insurance Group. The order authorized the compensation of Deric on a 10% contingent fee basis as to all funds collected from the insurance company. Subsequently, on August 26, 1986, the...
Views: 0
This case comes to the court on appeal from the order of the United States Bankruptcy Court for the Middle District of Georgia entered on November 6, 1984, which declared the debt owed by the debt- or, Clyde F. Alexander, to the creditor, Farmers & Merchants Bank of Eatonton, to be dischargeable in bankruptcy. In passing on an appeal from the bankruptcy court, the district court must make an in...
Views: 1
MEMORANDUM OPINION AND DECISION Introduction These two cases represent yet another skirmish in the continuing battle between Social Security beneficiaries and state welfare agencies over the rights to payments from the Social Security Administration (SSA). The fact pattern and issues before the Court are the same as those in Vazquez, Guerrero and Compton, 42 B.R. 609 (Bankr.E.D.Pa.1984) (Vazquez...
Views: 0
MEMORANDUM OPINION INTRODUCTION Pending for determination are the Motion To Ratify Foreclosure Sale brought by Germania, F.A. (“Germania”) and the Motion To Declare Foreclosure Null and Void And Set Foreclosure Aside For Violation of Automatic Stay brought by Debtor. Trial was had upon these matters on February 2, 1987, at which time evidence was adduced, argument of counsel heard, a...
Views: 4
MEMORANDUM OPINION INTRODUCTION Debtors, husband and wife farmers, filed their voluntary Chapter 11 petition on October 23,1986. On December 22,1986, Debtors filed their Motion To Convert To Chapter 12. On January 14, 1987, the Court noticed the motion for a hearing on February 18, 1987. One creditor, the First Bank *432 of Montgomery County, formally objected to Debtors’ motion. Upon the e...
Views: 1
MEMORANDUM OPINION This motion was brought by Downey Savings & Loan Association (“Downey”) for relief from the automatic stay or in the alternative adequate protection. I heard the matter on February 4, 1987. As discussed below, I denied Downey’s motion. STATEMENT OF FACTS Debtor is a publicly traded corporation which designs, manufactures and markets electronic power conditioni...
Views: 0
MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon a Motion To Vacate Order Confirming *442 Debtor’s Chapter 13 Plan filed by Gordon Davis (“Davis”). A hearing was held on this motion on January 23,1987. After the hearing and a review of its file, for reasons more fully set forth below, the Court grants Davis’ Motion To Vacate. FINDINGS OF FACT The...
Views: 0
ORDER THIS MATTER comes before the Court on the Debtors’ Motion to Void Lien under 11 U.S.C. § 522(f) and the Objection thereto by Beneficial Colorado, Inc. Admissions by the parties have left only one issue for determination, i.e., is a stere.o system (speakers, tuner, tape decks and equalizer) or a 35 mm camera with telephoto lens, tripod and flash, property which can be claimed as exempt u...
Views: 0
ORDER In this Chapter 7 adversary proceeding, the Plaintiff filed a complaint on June 12, 1986, seeking to declare the debt non-dis-chargeable under Section 11 U.S.C. § 528(a)(2) of the Bankruptcy Code. The Debtors responded with a response, amended on October 23, 1986, setting forth among other matters an affirmative defense that the complaint was filed beyond 60 days of the first meeting of c...
Views: 1
The Debtor, Robert L. Chrzanowski, filed a Chapter 13 petition on October 4, 1984, listing five unsecured creditors. A proposed plan in the Chapter 13 statement was filed on October 22. The plan proposes a monthly payment of $200 for 36 months which results in $180 per month for distribution among creditors holding scheduled unsecured debt of $33,949.93. Three of the debts arise out of the dissol...
Views: 4
MEMORANDUM-DECISION, PROPOSED FINDINGS OF FACT, PROPOSED CONCLUSIONS OF LAW AND PROPOSED ORDER On February 24, 1986, the Trustee commenced this adversary proceeding pursuant to Fed.R.Bankr.P. 7003 (Fed.R.Civ.P. 3) against Robert M. Weichert (“Weichert”). On August 25,1986, the Trustee moved for summary judgment pursuant to Fed.R. Bankr.P. 7056 (Fed.R.Civ.P. 56), and additionally sought to dismiss...
Views: 3
DECISION ON ORDER TO SHOW CAUSE SEEKING ORDER VACATING AUTOMATIC STAY AND DIRECTING TURN OVER OF STOCK The plaintiff, Angelo P. Rainaldi, has moved pursuant to Bankruptcy Rule 4001 and 11 U.S.C. § 362(d) for an order vacating the automatic stay imposed under 11 U.S.C. § 362(a) and directing Marine Mid *456 land Bank to turn over to him the shares of stock which it now holds in two wholly owne...
Views: 2
DECISION ON MOTION FOR AN ORDER EXTENDING TIME TO ASSUME OR REJECT UNEXPIRED LEASES The debtor, A. Tarricone, Inc. (ATI), proposes to invoke 11 U.S.C. § 365(b) in order to assume an ATI gas station lease in Woodstock, New York, which it leases from Scott’s Corner Builders, Inc. (the “lessor”). However, ATI seeks to cure the defaults under the lease by depositing the rent into an escrow account ...
Views: 0
OPINION At this juncture in the tortuous procedural history of this case, we are called on to decide one relatively simple legal issue, i.e., whether the Debtor’s Proof of Claim was timely filed, pursuant to 11 U.S.C. § 501(c), on November 18, 1986, at least seven (7), and possibly over ten (10), months subsequent to the bar date for filing claims. 1 Although we choose to follo...
Views: 1
OPINION Kenneth J. Neufeld has filed a motion to revoke the order of discharge entered in this case, so as to permit him to file a proof of claim or amend an “informal” proof of claim. 1 For the reasons set forth below, this motion will be denied. I. The relevant facts surrounding this dispute are uncontested. 2 On December 27, 1985, the debtor filed a vo...
Views: 1
FINDINGS AND CONCLUSIONS IN AUGMENTATION OF ORDER ON MOTION The United States having filed a request for Findings and Conclusions in relation to the Court’s rulings of November 21, 1985 and entered November 25, 1985, the Court hereby augments its rulings by setting forth its Findings and Conclusions that led to said Orders. The United States on behalf of the Secretary of Housing and ...
Views: 1
ORDER At Butte in said District this 25th day of February, 1987. On October 3, 1986, the Plaintiff Debtors filed an adversary complaint against the Defendants Ferrin seeking rescission of a Contract For Deed executed by the parties on October 12, 1982. In that contract, the complaint alleges the Debtors agreed to purchase real property from the Defendants for $230,000.00 and after a ...
Views: 1
OPINION What this Court must now determine is whether the defendant’s request for a jury trial must be respected and, if so, in what court, the district court or the bankruptcy court, such trial is to take place. This adversary proceeding was commenced on September 9, 1983, at a time when bankruptcy proceedings in this District were governed by the Emergency Resolution entitled “In R...
Views: 1
MEMORANDUM OPINION This cause came on for consideration of the Motions of DEUTZ-ALLIS CREDITOR CORPORATION (“DEUTZ”) and JOHN DEERE COMPANY (“JOHN DEERE”) to Dismiss this pending Chapter 12 case. Movants argue that the Debtor may not maintain this Chapter 12 proceeding because there was pending at the time of its filing a case under Chapter 11 of Title 11, United States Code, in which the...
Views: 1
ORDER DENYING MOTION FOR SANCTIONS The defendant, Riverview Finance Company, seeks sanctions against the trustee, Shelia Solomon, and her attorney, Kenneth Schneider, for alleged violations of Rule 11 of the Federal Rules of Civil Procedure.1 Specifically, Riverview contends that three pleadings were filed in this adversary proceeding in violation of Rule 11 — the complaint, the first amended comp...
Views: 1
OPINION Issue The issue in this case is whether a recorded mortgage on real estate, which has a mobile home affixed thereto, gives the mortgage holder a lien on the mobile home superior to a subsequent lien which is perfected in accordance with the Mobile Home Titling Act by endorsement of the lien on the certificate of title by Penndot. Facts On July 2, 1984, John R. Steitz and Susan B. Steit...
Views: 0
OPINION AND ORDER This case presents novel questions concerning whether a trustee in bankruptcy is subject to inquiry notice in his alternative capacities as hypothetical judicial lien creditor, holder of an execution returned unsatisfied, and bona fide purchaser of real property. Also involved is the question of whether the recording of an improperly witnessed mortgage constit...
Views: 0
OPINION Before me for determination is the debtors’ objection to a proof of claim filed by an unsecured creditor, Maryland Bank, N.A. The basis of the debtors’ objection is that the Bank’s proof was filed untimely — that is, the proof was filed more than three months from the date set for the meeting of creditors, in violation of Bankr.Rule 3002(c). While admitting that its formal proof o...
Views: 0
MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S RULE 9023 MOTION TO REOPEN PROOFS OR ALTER, AMEND OR MODIFY JUDGMENT This cause comes before the Court upon motion of Z. Lesman (“Plaintiff”) to reopen proofs or to modify this Court’s September 5, 1986 Order rendering judgment after trial on Plaintiff’s action to determine dis-chargeability of a debt. In the September 5, 1986 Order, the Court f...
Views: 1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This proceeding came on for trial to determine whether the debtor’s discharge should be denied. Gordon B. Conn, Jr., appeared for the plaintiffs and Cass S. Weil appeared for the defendant. This court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(J). Based...
Views: 4
ORDER This is an appeal from two bankruptcy court orders, both dated July 21, 1986. Both parties have briefed their positions and oral argument was heard on December 3, 1986. On January 30, 1987, the court heard further arguments on the issue of sanctions. For the following reasons, both of the bankruptcy court’s decisions are affirmed and sanctions are imposed on appellants and their cou...
Views: 0
ORDER The matter comes before the court on (1) a Motion to Revoke Fee Orders of Lord, Bissell & Brook and (2) an Objection to a Stipulation, filed by Edgar F. Heizer; and a Motion to Strike pursuant to Bankruptcy Rule 9018 requested by Lord, Bissell & Brook. Hearing on the above matters was held on December 9, 1986, and they were taken under advisement on December 17, 1986. For the follow...
Views: 0
Victor and Janet Leben brought this adversary proceeding to obtain possession of two parcels of real estate, payment of past due rent and payment of past due real estate taxes from Asher Rabin, Chapter 11 trustee of A.W.H. of Wisconsin, Inc. (f/k/a A.W. Huss Co.). During the pendency of this suit, the Lebens have obtained possession and clear title to the property through a land contract foreclosu...
Views: 1
BACKGROUND The above named plaintiffs (the “plaintiff” or “Juniper”), on May 8, 1986, commenced this adversary proceeding against Herbert Kahn, the Chapter 7 Trustee of Bristol Terminals, Inc. and Hemingway Transport, Inc. (collectively, the “Debtor” or “Hemingway”). 1 In its complaint, Juniper alleges inter alia 1) that the Debtor, on or about May 18, 1983, while in Chapter II,...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came before the Court on January 8, 1987, upon the Complaint of First Colony Life Insurance Company (“FIRST COLONY”) for exception to the discharge of Jon Ray Coover (the “Debtor”) pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6). The Debtor filed an Answer to the Complaint, and raised as an affirmative defense that the judg...
Views: 1
OPINION This matter is before the Court on the Creditor’s complaint to determine dis-chargeability of a debt based upon an allegedly false financial statement. The issues were tried to the Court on March 2, 1987 and the matter was taken as submitted upon the record as a whole. The parties had become acquainted with each other in 1982 when Mr. Loyd (Plaintiff) and Mr. Coyne (Co-Debtor/Defendan...
Views: 0
MEMORANDUM DECISION Citibank (South Dakota, N.A.) has brought an adversary complaint under § 523(a)(2) to determine dischargeability of a debt owed by Deborah Quick. Citibank is owed $10,767.33 for purchases made by Quick on two Visa credit cards issued by the bank. Quick denies she obtained the goods and services, intending not to pay for them. This is a core proceeding as defined b...
Views: 1
DECISION & ORDER The trustee of the bankruptcy estate of F & S Central Manufacturing Corp. (“F & S”) brought this adversary proceeding against the defendants N.P.S.I., Inc. (hereinafter “N.P.S.I.” or the “subsidiary”) and N.P.S. Corp. (hereinafter “N.P.S.” or the “parent”) seeking damages in the sum of $550,000.00 alleged to have been incurred as a result of the defendants’ failure to con...
Views: 1
MEMORANDUM OPINION AND ORDER ALLOWING MOTION OF SAFECO INSURANCE COMPANY OF AMERICA TO REMAND This cause was removed by Defendants from the United States District Court for the Northern District of Illinois. Plaintiff has moved to remand, and that motion is granted. FACTS On June 20, 1986 Safeco Insurance Company of America (“Safeco”) filed a four-count Complaint against Robert ...
Views: 1
DECISION ON ORDER TO SHOW CAUSE SEEKING AN ORDER CLARIFYING AN ORDER OF DECEMBER 22, 1986. The Creditors’ Committee in the above-captioned matters has moved for an order pursuant to Section 2(a)(15) of the former Bankruptcy Act “clarifying” this court’s order dated December 22, 1986, which in relevant part, directs the trustee to collect the sum of $9656.17 as the expenses payable to the ...
Views: 0
ORDER ON MOTION TO DISMISS CHAPTER 11 CASE THIS IS a Chapter 11 case and the matter under consideration is a Motion to Dis *589 miss the Chapter 11 Case. The Motion, filed by a group of individuals and by a corporation known as Southwind Airpark Association, Inc., is based on the contention that the Petition for Relief of R. Dawson Radio Corp. (Debtor) was filed in “bad faith...
Views: 4
Rose Construction Company, Inc. (“Rose”) a creditor of this Chapter 11 debt- or, has moved pursuant to 28 U.S.C. §§ 1406 and 1412 for an order transferring the venue of this case to the Bankruptcy Court for the Western District of Kentucky. The debtor opposes the motion on the ground that venue is proper pursuant to 28 U.S.C. § 1408(2) because a partnership of which the debtor is a general part...
Views: 1
OPINION Case Summary The Rusiskis filed a Motion for Relief from the Automatic Stay to enforce a pre-petition decree issued by the Court of Common Pleas of Allegheny County ordering specific performance of an agreement of sale for real property between the Rusisk-is, as vendees, and the debtors, as vendors. The debtors contend that whatever interest the Rusiskis may have had in the subject ...
Views: 2
RANDALL J. NEWSOME, Bankruptcy Judge. This is a Chapter 11 adversary proceeding in which the officers and sole shareholders 1 of Hi-Lo Powered Scaffolding, Inc. have moved for a preliminary injunction under 11 U.S.C. § 105(a) seeking to enjoin David W. Penn and Julio D. Varela from prosecuting a civil action pending against them in the Superior Court of the District of Columbia....
Views: 3
This appeal raises a question of interpretation on which the courts are divided. California has exercised its prerogative under Section 522(b)(1) of the Bankruptcy Code (“Code”) to opt out of the exemption *614 scheme federal law provides debtors. Instead, California has enacted its own statutory scheme of exemptions. Cal.Civ.Proc.Code §§ 703.110 and 703.140. The trial court held t...
Views: 2
Appellant, Vanderpark Properties, Inc., lessor of non-residential real estate to the debtor, appeals from an order of the bankruptcy court allowing the debtor to assume a lease with appellant upon the cure of all defaults. The lease has subsequently been sold free and clear of all liens and interests for $106,000 with Vanderpark’s interest attaching to the proceeds of the sale. Van-derpark cont...
Views: 2
MEMORANDUM AND ORDER In this Chapter 11 reorganization case, the law firm of Pepper, Hamilton & Scheetz is counsel to the debtor-in-possession. Counsel has filed an application for interim compensation pursuant to 11 U.S.C. § 331, requesting an interim fee award of $110,730.25 for 1,147 hours of legal services performed for the debtor-in-possession from November 1, 1982 through April 30, ...
Views: 3
OPINION Redetermination of Tax Liability for Ad Valorem Property Taxes for the Years 1978-85, Inclusive, and for the Redetermination of Personal Property Taxes for the Years 1980-82, Inclusive This matter is before me on a Motion brought by the Debtor-in-possession to determine the Debtor’s tax liability under Title 11 U.S.C. Section 506. The thrust of the Debtor’s Motion is that the local ...
Views: 2
*636 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT I Statement of Proceedings This adversary proceeding came on for a bench trial on May 8, 1986 pursuant to pretrial Order of October 25, 1985 on the amended complaint of G and E Incorporated d/b/a Howard and Sons (hereinafter: “Howard”) filed on June 20, 1983 alleging that the indebtedness to it by the Debtor-Defenda...
Views: 2
MEMORANDUM DECISION The above-entitled matter is now before the Court on a motion by Helen Hooper and Helmac Investments, Inc. dba UBI Business Brokers (“movants”) for an order of the Court modifying the automatic stay pursuant to § 362(d) of the Bankruptcy Code. Specifically, the movants have requested a determination by the Court that the automatic stay is not applicable to the prosecut...
Views: 2
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Trustee in the above entitled adversary action. The parties have filed their arguments respecting the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments as well as the entire record in ...
Views: 3
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. At Trial, the parties had the opportunity to present any evidence and arguments they wished the Court to consider relative to the merits of this case. The Court has reviewed the evidence, the arguments, and the entir...
Views: 4
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. The parties have agreed that the disposition of this case is, by operation of law, dependent upon the outcome in Hunter v. Babcock (In re Babcock Dairy Co. of Ohio, Inc.) 70 B.R. 657 (Bkcy.N.D.Ohio 1986). ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. The parties have agreed that the disposition of this case is, by operation of law, dependent upon the outcome in Hunter v. Babcock (In re Babcock Dairy Co. of Ohio, Inc.) 70 B.R. 657 (Bkcy. N.D.Ohio 1986). Pursuant to that a...
Views: 0
*675MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. The parties have agreed that the disposition of this case is, by operation of law, dependent upon the outcome in Hunter v. Babcock (In re Babcock Dairy Co. of Ohio, Inc.) 70 B.R. 657 (Bkcy.N.D.Ohio 1986). Pursuant to tha...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. The parties have agreed that the disposition of this case is, by operation of law, dependent upon the outcome in Hunter v. Babcock (In re Babcock Dairy Co. of Ohio, Inc.) 70 B.R. 657 (Bkcy.N.D.Ohio 1986). Pursuant to that ag...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court for Trial on the Complaint To Avoid Preferential Transfers filed by the Plaintiff in the above entitled action. The parties have agreed that the disposition of this case is, by operation of law, dependent upon the outcome in Hunter v. Babcock (In re Babcock Dairy Co. of Ohio, Inc.) 70 B.R. 657 (Bkcy.N.D.Ohio 1986). ...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court after Hearing on Michigan Milk Producers Association’s Motion To Require Trustee and K.W. Huffman To Reimburse the Estate For Unauthorized Disbursements. At the Hearing, the parties had the opportunity to present any evidence and arguments they wished the Court to consider relative to the merits of this Motion. Both parties have sub...
Views: 0
*695 RULING OF THE COURT CCA Partnership, debtor, and the Bondholders Committee have proposed a joint plan designated second amended plan of reorganization. Delaware Trust Company objects to confirmation of that plan. Delaware Trust serves as trustee under an indenture dated August 1, 1982 with New Castle County for the benefit of bondholders of Commercial Development Revenue Bon...
Views: 0
MEMORANDUM OPINION AND ORDER CCA Partnership, a Chapter 11 debtor, has moved for summary judgment on its complaint against the Director of Revenue, State of Delaware. CCA seeks a declaratory judgment to the effect that a proposed transfer of its real estate is exempt from the Delaware Realty Transfer *697 Tax by virtue of § 1146(c) of title 11, United States Code which provid...
Views: 1
MEMORANDUM OF DECISION The instant adversary is before the Court upon the trustee’s complaint to avoid a preferential transfer pursuant to 11 U.S.C. § 547. The plaintiff/trustee appeared by Thomas E. Malone and Karen Humphreys of Redmond, Redmond, O’Brien & Nazar, Wichita. Defendant, Bucklin Grain Company, appeared by Michael A. Doll, Mangan, Dalton, Trenkle & Rebein, Chartered, Dodge Cit...
Views: 0
FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING ORDER CONDITIONALLY CONFIRMING DEBTOR’S PLAN OF REORGANIZATION The issue of confirmation vel non of the debtor’s, proposed plan of reorganization came on before the court for hearing on December 1, 1986. Whereupon the debtor appeared by Bruce E. Strauss, Esquire, its counsel, and the creditor John Hancock Mutual Life Insurance Company appeare...
Views: 0
70 B.R. 712 (1987) In re Ronald E. CURTIS d/b/a Curtis Communications, Debtor. Bankruptcy No. LR 84-1187M. United States Bankruptcy Court, E.D. Arkansas, W.D. January 13, 1987. John Jewell, Donald H. Henry, Little Rock, Ark., for Carla Curtis. R.J. Brown, Little Rock, Ark., for debtor. *713 Basil V. Hicks, Jr., N. Little Rock, Ark., Trustee. MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. O...
Views: 0
MEMORANDUM OPINION On September 11, 1984, Ronald E. Curtis d/b/a Curtis Communications filed a voluntary petition for relief under the provisions of chapter 11. Hon. Charles W. Baker was employed as counsel for the estate but withdrew because he discovered the existence of the appearance of a conflict of interest. On October 19, 1984, Hon. Robert J. Brown was authorized by this Court to represent...
Views: 0
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff in the above entitled adversary action. The parties have filed their arguments relative to the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments, the evidence, and the entire record ...
Views: 1
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Partial Summary Judgment filed by the Plaintiff in the above entitled adversary action. Although the Defendants have filed an Answer in this case, they have not opposed the Motion presently before the Court. The Court has reviewed the Motion as well as the entire record in this case. Based upon that review and for ...
Views: 1
MEMORANDUM OPINION The plaintiff in these consolidated adversary proceedings, J. William Holland, is the trustee in bankruptcy for the estate of American Reserve Corporation (“ARC”). ARC was an insurance holding company whose subsidiaries were engaged primarily in property and casualty insurance, concentrating in specialized coverage lines. Two of ARC’s principal operating subsidiaries, R...
Views: 1
ORDER ON MOTION TO VACATE OR IN THE ALTERNATIVE, TO DISMISS THE MATTER under consideration is an Amended Complaint for Declaratory Judgment, Injunctive Relief and Order of Contempt, filed by Lake Cascade, Inc. (Lake Cascade), and a Motion to Vacate or in the Alternative, to Dismiss, filed by the Defendants named in the above-captioned adversary proceeding. The issues were submitted for this Court’...
Views: 0
MEMORANDUM AND ORDER Central Illinois Savings & Loan Association (“Central”) is a major creditor of IQ Telecommunications, Inc. (“IQ”), the debtor in this bankruptcy case. Central Illinois filed an adversary complaint on behalf of the estate seeking to recover property conveyed by IQ to other entities shortly before and after IQ filed its Chapter 11 petition. The complaint names some 25 i...
Views: 4
MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motion For Summary Judgment filed by the Plaintiff against the Defendant Target Industries (hereinafter Target). The parties have filed their arguments relative to the merits of this Motion and have had the opportunity to respond to the arguments made by opposing counsel. The Court has reviewed those arguments as well as the ...
Views: 0
MEMORANDUM AND DECISION In this case, the debtor filed under Chapter 11 on August 22, 1986. He now has moved to convert the Chapter 11 case to Chapter 12. When the motion was on to be heard, the Court and the parties addressed themselves to whether a case filed under Chapter 11 prior to the effective date (November 26, 1986) of the Family Farmer Act (the “Act”) could be converted to Chapt...
Views: 2
MEMORANDUM AND DECISION The debtor has made application to convert this case from Chapter 11 to Chapter 12. The trial of the issues has been in two parts. The legality of converting a pre-No-vember 1986 Chapter 11 case to Chapter 12 *758 was discussed in a previous opinion by this Court. In re Robert Mason, 70 B.R. 753 (Bkrtcy.W.D.N.Y.1987). In that case, it was concluded that the Court c...
Views: 0
MEMORANDUM DECISION AND ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT AND DISMISSAL The debtor filed a complaint to avoid the State’s claim to his Supplemental Social Security Income (SSI) payment. Relying principally on the Eleventh Amendment to the U.S. Constitution, Vermont moved for summary judgment and dismissal. We deny the State’s motions because the Bankruptcy Code waives Vermont’s sovereign...
Views: 0
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS IS a Chapter 7 case, and the matter under consideration is a claim of non-dis-chargeability, or in the alternative, a claim to bar the discharge of Edward C. Hyers and Audrey P. Hyers, (Debtors). The claims set forth in five different counts are asserted by Patricia A. Bacon (Bacon), the Plaintiff who instituted this adversa...
Views: 0
ORDER In this Chapter 11 proceeding, hearing was held on the Debtor’s Plan of Reorganization on October 28, 1986. Ballots received from the creditors are as follows: [[Image here]] Unsecured creditors Brower, Vallie, Cook, Joyner and Brower Law Firm are insiders. Each secured Class A, B, C, D and J are impaired under the proposed Plan, and since Classes B, C, D and J have voted ...
Views: 3
DECISION ON MOTIONS FOR SUMMARY JUDGMENT Before us are the defendants’ and third-party defendants’ motions for summary judgment in a mechanic’s lien foreclosure action previously removed to this court. For the reasons discussed below, we grant the defendants’ motions to dismiss the complaint against Fisk Associates (“Fisk”) and deem the plaintiff’s summons and complaint as a proof of clai...
Views: 0
OPINION This case raises the oft-debated question whether a bankruptcy debtor is entitled to protection from a State-created obligation to clean up environmental hazards created by the debtor prior to the filing of the bankruptcy petition. The following facts are undisputed. Security Gas & Oil, Inc. (SGO) is a California corporation that operates natural gas and oil wells in West Vir...
Views: 1
Before the court are two matters for disposition: a motion by Elsub Corporation (hereinafter “Elsub”), the alleged debtor herein, to dismiss the involuntary petition filed against it by Playboy Enterprises, Inc. (hereinafter “PEI”) pursuant to Section 303(c) of the Bankruptcy Code, and a motion by PEI to add creditors to the involuntary petition filed by PEI against Elsub. *799 Thi...
Views: 0
DECISION Movant filed this contested matter after more than 60 days had passed since the order for relief in the case, and debtor had failed to assume or reject its lease of nonresidential real property. The matter came on for a final hearing at which time testimony was heard. At the. conclusion of the hearing, we ruled in favor of movant, announcing on the record the reasons for that conclus...
Views: 1
ORDER DENYING APPLICATION FOR SETTING OF JURY TRIAL Plaintiff, Trustee in the above-styled case under 11 U.S.C. Chapter 11, brought this adversary proceeding in Bankruptcy Court against parties alleged to have perpetrated a controlled auction of property of the Chapter 11 estate. The Trustee asserted three causes of action: (1) avoidance of the sale and/or recovery of damages under 11 U.S.C. § ...
Views: 0
The debtor filed for protection under Chapter 11 of the Bankruptcy Code on May 29, 1984. Steven M. Gates, debtor’s co-counsel, has submitted a final application for legal fees. The attorney for the creditors’ committee objects to this application because, in his view, the documentation is inadequate, the pre-petition services listed were not sufficiently connected to the filing of the petition,...
Views: 1
ORDER AND NOW, this 2nd day of March, 1987, it is ORDERED that: 1. The Proposed Findings of Fact and Conclusions of Law of the Bankruptcy Court, to which no objections have been filed, are ADOPTED; 2. The motion to set aside default judgment entered against Jack Rhode and permitting the filing of a responsive pleading is DENIED, and this court’s Order entering a default judgment...
Views: 1
DECISION AND ORDER American Capital Asset Management, CNA Financial Corporation, Elliott Associates, L.P., United Savings Association of Texas and Westinghouse Credit Corporation (“Movants”) seek an order, pursuant to § 1102(a)(2) of the Bankruptcy Code, 11 U.S.C. § 1102(a)(2) (1986) (the “Bankruptcy Code”), requiring the United States Trustee for this district to appoint an additional co...
Views: 0
MEMORANDUM BACKGROUND On November 19, 1985, Mike Burns Inn, Inc. and Michael John Burns (collectively the “Debtors”) filed petitions for relief un *864 der Chapter 11 of the Bankruptcy Code. On August 21, 1986, they commenced this adversary proceeding against the Massachusetts Property Insurance Underwriting Association (the “Fair Plan”) and Albert J. Minevitz d/b/a Fran...
Views: 3
MEMORANDUM DECISION On February 27, 1985, the debtors, Arlyn V. Nett and Lois J. Nett, filed a joint petition for relief under chapter 7 of the Bankruptcy Code. Melvin Bahr and Mary Ann Bahr, plaintiffs herein, filed their adversary complaint on May 23, 1985, objecting to the debtors’ discharge under 11 U.S.C. § 727(a)(2)(A) and (B) and section 727(a)(4) and, alternatively, seeking that t...
Views: 0
ORDER ON EMERGENCY MOTION TO SET SALE DATE AND MOTION TO REINSTATE THE AUTOMATIC STAY THIS IS a Chapter 11 case and the matters under consideration are two motions; *876 one filed by Newbern Groves, Inc. (New-bern); and the second by George T. Had-ley, the Trustee (Trustee), who is currently in charge of the affairs of Terramar Mining Corporation (Terramar), the Debtor of the above-captioned ...
Views: 1
MEMORANDUM OPINION In this appeal from a final order of the Bankruptcy Court, the issue presented is whether a trustee-in-bankruptcy may recover from property securing an allowed secured claim the rental expense of housing the property from the time of the petition to the time of the property’s abandonment, and the expense of security in protecting the property. The Bankruptcy Court ruled...
Views: 1
MEMORANDUM OPINION CASE SUMMARY This matter is before the Court on the debtor’s uncalendared motion to convert the debtor’s Chapter 11 case to a case under Chapter 12. The Court is called upon to decide whether these debtors may convert their case as requested. FACTUAL AND PROCEDURAL BACKGROUND The debtors, Joseph E. and Ida Marie Anderson, filed a voluntary petition under ...
Views: 2
OPINION This is an action for breach of contract brought by two bankruptcy debtors, Stardust Inn, Inc. and E & G Restaurant Lounge, Inc., against Rajnikant A. Doshi. Although the case is a related proceeding, at trial the parties consented to the entry of a final judgment by the bankruptcy court. See 28 U.S.C. § 157(c)(2). For the reasons set forth below, judgment will be enter...
Views: 0
OPINION In this adversary proceeding, the plaintiff, McCormack Terminal Company, Inc. (“McCormack”) seeks to establish a proof of claim against F.A. Potts and Co., Inc. (“Potts”), the Chapter 11 debtor/defendant, in an amount in excess of $15,000,000.00 *896based upon an alleged pre-petition breach of contract by Potts. Potts denies any liability to McCormack and filed a counterclaim for more tha...
Views: 0
MEMORANDUM OPINION AND ORDER The matters before the court are cross motions for summary judgment in this adversary proceeding brought by the chapter 7 trustee alleging a preferential transfer under 11 U.S.C. § 547 or, in the alternative, a fraudulent conveyance under 11 U.S.C. § 548. A hearing was held in Raleigh, North Carolina, on February 23, 1987. JURISDICTION This bankruptc...
Views: 0
ORDER ON MOTION TO DISMISS COMPLAINT FILED BY PROPERTY MANAGEMENT AND INVESTMENTS, INC. THIS IS a Chapter 7 liquidation case, and the matter under consideration is a Motion to Dismiss the Complaint filed by Property Management Investments, Inc. (PMI). The Motion is filed by the lawfirm of Johnson, Blakely, Pope, Bokor & Ruppel, P.A. (Johnson, Blakely), and the remaining Defendants named in the Co...
Views: 0
First Interstate Bank of Hawaii (“First Interstate”) filed a Motion to Lift Automatic Stay on October 15, 1986, and the final hearing was held on December 10, 1986 and February 11, 1987. Present at the hearing were Cuyler Shaw, Esq., appearing for First Interstate, Susan Ichinose, Esq. and Christian Porter, Esq., appearing for the Trustee, Richard Kennedy. The Court, having reviewed and conside...
Views: 0
MEMORANDUM OPINION This cause is before the Court on the Motions for Summary Judgment filed by Defendants DPAC, INC. (“DPAC II”), and MALCOLM K. SHEPPARD (“SHEPPARD”) in the above-captioned adversary proceeding. PROCEDURAL POSTURE THE OHIO CORRUGATING COMPANY filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on Séptem-ber 30, 1985. Thereafter, but prior to Janu...
Views: 4
MEMORANDUM The question before the court is whether the trustee in bankruptcy in the case of C-L Cartage Company can recover payments it made to the defendant, City Bank, within a year before bankruptcy. The trustee contends that the payments are recoverable as preferential or fraudulent transfers. The debtor, C-L Cartage Company, was a corporation. At all the relevant times, its pre...
Views: 2
FINDINGS OF FACT AND CONCLUSION OF LAW This action was tried by the Court on February 6,1987, upon a complaint filed by the plaintiff to recover possession of two aircraft, for payment of an administrative claim and upon the counterclaim of the defendant to determine the validity, priority and extent of liens or interests in the two aircraft. The Court, having heard the testimony and exam...
Views: 198
OPINION CLASSIFICATION OF ENVIRONMENTAL CLEAN-UP COSTS IN BANKRUPTCY The movant, the Environmental Protection Agency (“EPA”), has incurred certain expenses in performing an environmental clean-up at the site of the debtor’s former operations. The EPA now asks this Court to determine the estate is liable for these costs under the Comprehensive Environmental Response, Compensation, and...
Views: 2
MEMORANDUM DECISION I. INTRODUCTION At issue is a $40,775.00 claim against Gamma Fishing Company, Inc. (“debtor”), for an overdue insurance premium installment. Creditor Cosimo Cutri Insurance Company (“Cutri”) contends that $39,-800.00 of its claim is payable in full either as ah administrative expense per 11 U.S.C. § 503(b)(1)(A), or as part of an executory contract assumed by...
Views: 1
MEMORANDUM DECISION I. INTRODUCTION This is an adversary proceeding to determine the dischargeability of a debt arising *957 from a pre-petition California state court judgment in favor of the plaintiffs (“Campbell”) against the debtor for intentional fraud. This court has jurisdiction to hear this matter pursuant to 28 U.S.C. and § 1334 and § 157(b)(1). This is a c...
Views: 1
MEMORANDUM DECISION AND ORDER DENYING ATTORNEY’S FEES AND SANCTIONS At issue is the entitlement of a disgruntled former attorney for a 50% shareholder of the debtor to fees for services which the *964 attorney rendered both prior and subsequent to the filing of the debtor’s chapter 11 petition. The case was filed in an effort to realize value from a lease for premises from wh...
Views: 1
OPINION The instant Motion to reopen the above-captioned bankruptcy case filed by one PRISCILLA 1 FORD (referred to hereinafter as “the Movant”) presents two (2) issues in an unusual factual matrix, which makes what are both essentially simple legal issues appear to be close questions. The first issue relates to the standing of a successor-in-interest of property of a debt- or ...
Views: 2
OPINION The instant case presents us with an opportunity to consider another of the recurrent issues surrounding the confirmation of Chapter 13 Plans, one of which, the “good faith” requirement of 11 U.S.C. § 1325(a)(3), we addressed in In re Gathright, 67 B.R. 384 (Bankr.E.D.Pa.1986), application for appeal denied, 71 B.R. 343 (E.D.Pa.1987). At issue here is the “eq...
Views: 1
MEMORANDUM OPINION The matter before the court is an objection to discharge brought by the debtor’s chapter 7 trustee, Algernon L. Butler, Jr., pursuant to 11 U.S.C. § 727. The debtor has filed a motion to dismiss this adversary proceeding, the motion was denied prior to trial, and the trial was held in Raleigh, North Carolina, on February 24, 1987. JURISDICTION This bankruptcy court has ju...
Views: 1
MEMORANDUM ON CHAPTER 12 CONVERSION MOTIONS The issue in these cases is whether this court may convert a bankruptcy case pending on November 26, 1986, the effective date of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, to a case under the newly enacted Chapter 12 of the Bankruptcy Code. BACKGROUND The above-encaptioned family farm cases...
Views: 1
DECISION AND ORDER ON MOTION FOR LEAVE TO AMEND Plaintiff, trustee in the related bankruptcy case, filed this suit against defendant to recover a preference. The suit was originally filed June 24, 1985. The complaint alleges that defendant was an insider, and that various transfers occurred within one year before the date of the filing of the petition in bankruptcy, and these transfers should be s...
Views: 0
FINDING AS TO FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE OFFICIAL UNSECURED CREDITORS’ COMMITTEE On December 5, 1986 Brouse & McDowell, attorneys for the official unsecured *997 creditors’ committee for Terex Corporation, filed its application for final compensation and reimbursement payments with supporting itemization requesting compensation in the ...
Views: 0
ORDER This Cause coming to be heard upon a Complaint Seeking Exception to Discharge filed herein and the Court, having heard the testimony and examined the evidence presented; observed the candor and demeanor of the witnesses; considered the arguments of counsel and being otherwise fully advised in the premises, does hereby find for the defendant and against the plaintiff and it is: ORDERED AND AD...
Views: 0
OPINION The instant Motion for Relief from Stay, before us for disposition on the basis of a record developed only by means of pleadings, i.e., the Motion for Relief and the Debtor’s Answer thereto, obliges us to consider once again the same issues regarding the burdens of proof on such motions that we previously covered in our Opinion in In re Stranahan Gear Co., 67 B.R. 834 (Bankr.E.D.Pa.19...
Views: 1
OPINION AND ORDER E.P. Associates, Inc. (the “Claimant”) has filed a claim against the debtors in this Chapter 13 proceeding, Anthony J. Nar-done and Linda M. Nardone (the “Debtors”), in the sum of $41,775.74 plus interest and additional legal expenses. The claim includes $6,166.40 in already incurred legal expenses, and credits the Debtors with $5,500 as the approximate value of the coll...
Views: 1
MEMORANDUM OF DECISION AND ORDER ON STANDING OF AN UNIMPAIRED CREDITOR TO OBJECT TO CONFIRMATION OF A CHAPTER 11 PLAN OF REORGANIZATION On February 20, 1987, the debtor, Wonder Corporation of America and Waldco, *1019 Inc. (“the Proponents”) filed an Amended Disclosure Statement and an Amended Joint Plan of Reorganization. On February 25, 1987, the Proponents filed a Statement Amending Debtor...
Views: 1

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

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

ⓘ Information Facts

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