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Opinions in br Volume 97

ORDER This matter is before the court for review of the bankruptcy court's May 4, 1988 report and recommendation that the case be remanded to the Siskiyou County Superior Court where it was originally filed. Plaintiff’s complaint alleges strict product liability, breach of warranty, and negligence claims arising out of the crash of a helicopter manufactured by defendants Fairchild-Hiller,...
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MEMORANDUM DECISION ON TRUSTEE’S MOTION TO ABANDON PROPERTY This is a motion to abandon the estate’s interest in a fund held by a law firm in a trust account on the basis that it is of inconsequential value and benefit to the estate. 11 U.S.C. § 554; Bankr. Rule 6007. 1 The trustee says that either of two competing claimants are entitled to the entire fund. I conclude that one ...
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MEMORANDUM DECISION Presently pending is the application of Estes & Hoyt, A.P.C. (“applicant”) for allowance of fees and reimbursement of costs. The applicant is counsel for general partner and unsecured creditor Gordon A. Jacobs (“Jacobs”). At issue is whether applicant is entitled to compensation for attorneys’ fees and costs pursuant to § 503(b)(3)(D) and (4) of the Bankruptcy Code. Ap...
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MEMORANDUM DECISION This case presents a troublesome issue regarding the viability of a Chapter 13 case filed while a Chapter 7 case involving the same debtors and debts is pending. The issue is raised by motion for relief from the automatic stay in the Chapter 13 case. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the Uni...
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ORDER In this Chapter 11 case, the Debtor and the major secured creditors Albert and Irma Bailey (Baileys), are engaged in serious dispute over the failure of Baileys to timely file a Proof of Claim in this case of a state court Judgment rendered in favor of Baileys and against the Debtor on February 13, 1987. On July 5, 1988, this court denied Baileys’ motion for relief from the automatic stay...
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ORDER In this Chapter 11 case, the Farm Credit Bank of Spokane, formerly Federal Land Bank of Spokane (FCS), has filed a Motion for Relief of the Automatic Stay under § 362(d) of the Bankruptcy Code. Objections to the motion have been filed by some of the petitioning Debtors and the Trustee, who was appointed in this proceeding by reason of financial misuse of estate funds. Hearing on the...
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ORDER On November 7, 1988, trial was held on the Complaint of Rita Jones against the Debtor/Defendant Kenneth Jones, which alleges that the Debtor/Defendant transferred property of the estate within one year of bankruptcy with the intent to hinder, delay, or defraud the Plaintiff, as a creditor, so that the Debtor should be denied a general discharge under 11 U.S.C. § 727(a)(2). The parti...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon a Motion to Dismiss for Lack of Subject Matter Jurisdiction filed on behalf of *40 the Defendant, Témpora Corp. (“Témpo-ra”). A hearing was held on January 20, 1987, and the court requested that both counsel for Plaintiff and counsel for Defendant submit briefs on the issue of whether a distinction may be ma...
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*42 MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Debtor’s Application for Order to Show Cause and the Response of Robert C. Abelman thereto. Debtor seeks to have the Creditor (Recovery Collection Services, Inc.) and counsel for the Creditor (Robert C. Abelman) each held in contempt of Court, and requests a finding by the Court that Creditor’s counsel made a “delibera...
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MEMORANDUM AND ORDER This matter is before the court on an appeal from the United States Bankruptcy Court for the District of Kansas. In Judge Benjamin E. Franklin’s Order below, he denied the claims of the appellants against the bankruptcy estate and sustained the objections of the debtor to those claims. The appellate jurisdiction of this court is invoked pursuant to Local Rule 810(a), which ...
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MEMORANDUM OF DECISION This adversary proceeding is before the Court on the objections of plaintiffs Mark Medved, Gilbert Hellmer and Columbine Limited 1979 E, a Colorado Limited Partnership (Columbine) to discharge of certain debts owed them by defendants/debtors, John Martin Novak and John Edward Latti-more. Plaintiffs’ complaint seeks judgment for actual and punitive damages in an amou...
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ORDER RESULTING FROM DEFENDANTS’ MOTION TO DISMISS ACTIONS FILED BY TRUSTEE This matter came before the Court on the defendants’ motion to dismiss the preference actions filed by the trustee. The question before the Court is how to count the 90 day period of Section 547(b)(4)(A). The debtors filed voluntary petitions on February 18, 1986. The previous day was a federal holiday (President’s ...
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MEMORANDUM OPINION This matter came before the Court for hearing on two related motions. The first, filed by Stewart, Haegler and Welter (the Stewart movants) seeks a determination that certain oil and gas leases are exec-utory contracts that the trustee and debtor have assumed, and urges the Court to require the trustee to cure prepetition defaults in royalty payments. The second, filed ...
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MEMORANDUM OPINION This matter came before the Court for hearing on plaintiffs motion to file a second amended complaint and the objection thereto by defendant Barnhill. Having considered the arguments of counsel and the letter memoranda submitted therewith, and being otherwise fully informed, the Court finds the objection well taken. Although amendments to complaints should be freely permitted wh...
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ORDER Now before the Court is the appeal of Creditor Virginia Beach Federal Savings & Loan Association (“VBF”) of the Order of the United States Bankruptcy Court for the Northern District of Oklahoma dated March 11, 1987, which found that VBF had no interest in the rents from its collateral after the filing of its Notice Under 11 U.S. C. § 546 pf Claim to Cash Collateral on December 2, 19...
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*75MEMORANDUM DECISION AND ORDER On January 23,1989, the Court heard the Trustee’s action, brought pursuant to 11 U.S.C. § 544(b) and 24 O.S.1986 § 112 et seq., to avoid alleged fraudulent transfers by Debtors. After considering the evidence presented and the arguments and authorities of counsel, the Court finds as follows: Debtors filed their petition seeking relief under Chapter 13 of the Bankr...
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MEMORANDUM DECISION AND ORDER I. HISTORY OF PROCEEDINGS Before the Court is the appeal from the bankruptcy court’s Order Granting Motion For Summary Judgment, filed January 11, 1988. Appellant Harold G. Lowrey, Chapter 11 Trustee, filed his brief on May 12, 1988. First National Bank of Bethany, et al., Appellees, filed a response on June 8, 1988, to which Appellant replied on June 27...
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ORDER ON AMWOK CORPORATION’S MOTION FOR RELIEF FROM STAY This case is before the Court upon the Motion for Relief from Stay filed by Am-wok Corporation. A hearing on the motion was held January 9, 1989, and upon the evidence presented, the Court finds as follows: FACTS On October 19, 1988, a Final Judgment of Foreclosure was entered in favor of Amwok Corporation by the Circuit Court, in an ...
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ORDER ON OBJECTION TO CLAIMS THIS IS a Chapter 11 case and the matters under consideration are two objections filed by Captran Creditors Trust (Debtor) to the allowability of the claims of George E. Mills, Jr. (Mills), Claim No. 18 filed in the amount of $3,499 based on professional services allegedly rendered to the Debtor, and Claim No. 20 filed by Joan Smoak (Smoak) in the amount of $800 also b...
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ORDER ON MOTION TO DISMISS THIS IS a Chapter 11 case filed by Bel-Aire Investments, Inc., (Debtor) on June 24, 1988. The matter under consideration is a Motion to Dismiss the Chapter 11 case filed by Betty Winter, Donald F. Winter, Jr. and Sherri L. Gray (Movants). The Movant Betty Winter is one of the members of the Board of Directors and also a shareholder. The other Movants are shareholders ...
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ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY THIS CAUSE came on for hearing upon a Motion for Relief from the Automatic Stay or in the Alternative for Adequate Protection filed by Winfield Locks, Inc. The Court has considered the Motion, together with the record, heard argument of counsel and finds as follows: On April 1, 1987, Debtor North Reding-ton Beach Associates, Ltd., and Winfield en...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OPINION THIS IS a Chapter 7 liquidation case and the matters under consideration are several claims set forth in a Complaint filed by Barnett Bank Trust Co., N.A. (Barnett) against Leon Wysocki (Debtor) involved in this Chapter 7 case. In Count I Barnett seeks an order from this Court declaring that the obligation allegedly due and owing by the Deb...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This adversary proceeding is before the Court upon the complaint seeking (i) to void Airport Livestock Corporation’s security interest in livestock and milk proceeds pursuant to 11 U.S.C. § 544, (ii) to recover three preferential payments made to Airport Livestock Corporation prior to the commencement of this case, and (iii) to recover a post-petition tra...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case, and the matter under consideration involves a challenge to the Debtor’s right to a general bankruptcy discharge. The Amended Complaint is filed by First Florida Bank, N.A. (Plaintiff), and sounds in five counts. The claims in Counts I and II of the Amended Complaint seek to determine the discharge-...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came to be tried on February 4, 5, and 12, 1988, upon an adversary proceeding pursuant to Part VII of the Rules of Bankruptcy Procedure and 11 U.S. C. §§ 101(50) and 548(a)(2)(A), and the Court having heard the testimony and examined the evidence presented, observed the candor and demeanor of the witnesses, considered the arguments of cou...
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ORDER DETERMINING DEPOSITIONS TO BE PUBLIC PROCEEDING This matter having come before the court for telephone hearing on December 30, 1988 and for further hearing on January 3, 1989, upon the Emergency Motion for Authority to Attend Deposition and Request for Telephone Hearing (the “Motion”), filed by Florida Supermarkets, Inc. Adequate notice was given. The court heard argument of counsel...
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MEMORANDUM DECISION This cause came on to be heard upon the court’s own motion. A hearing was held on Wednesday, July 13, 1988 at 10:00 a.m. to consider whether or not recusal of the judge in this cause was appropriate. The court conducted a hearing at which it invited evidence or argument from any party. In addition, the court invited Valerie Greenberg, Phillip Stelly and their supe...
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*122 DECISION RE MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DISTRICT OF COLUMBIA SHOULD NOT BE HELD IN CRIMINAL AND CIVIL CONTEMPT AND RE MOTION FOR PRELIMINARY INJUNCTION This decision addresses the plaintiffs motions for a preliminary injunction and for contempt sanctions. 1. Facts The Debtor, 1736 18th Street, N.W., Limited Partnership, owns an apartment bu...
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ORDER After review of the careful and thoughtful analysis contained in the Memorandum, September 8, 1988, I adopt the report and recommendation and ALLOW the motion to abstain. MEMORANDUM JAMES M. GABRIEL, Chief Judge. The matter before the Court is the Debt- or’s objection to the proof of claim of the Commonwealth of Massachusetts, Department of Revenue (the “Commonwealth”). The Debtor filed a C...
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MEMORANDUM OPINION This bankruptcy appeal challenges the refusal of the bankruptcy judge to enjoin pending state criminal proceedings, 95 B.R. 270. For the reasons that follow, the appeal is denied, and the findings and rulings below are affirmed. 1. Background Debtor/appellant Herman 0. Roussin owed money to Constance Bailey Norway (“Bailey”). In 1983 Bailey obtained a judgment against R...
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OPINION AND ORDER This proceeding came before the Court on March 25, 1988 for an evidentiary hearing on plaintiff-debtor’s request that the automatic stay provisions of 11 U.S.C. § 362(a) be extended to its president, Mr. Paulo da Cunha. Plaintiff seeks to enjoin the Federal Deposit Insurance Corporation (FDIC) from further prosecuting a civil action against Mr. da Cunha before the U.S. D...
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OPINION AND ORDER The matter pending before the Court is whether the creditor AVCO Financial Services, Inc. (“AVCO”) violated the automatic stay provisions of 11 U.S.C. § 362(a). On March 7, 1988 the debtor filed a complaint to recover damages for a violation of the automatic stay. The debtor alleges that due to the harassment by AVCO’s employees, she was forced into refinancing a lo...
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97 B.R. 139 (1989) In re Joseph DiMARTINO, Debtor. 850 AQUIDNECK AVENUE ASSOCIATES, a General Partnership, Ralph Papitto and Richard Bready General Partners of 850 Aquidneck Avenue Associates, Plaintiffs, v. AQUIDNECK COURT ASSOCIATES, a Limited Partnership, Joseph A. DiMartino and Donald T. Marini General Partners of Aquidneck Court Associates, Defendants. Bankruptcy No. 8500345, Adv. No. 870017...
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DECISION AND ORDER Heard on April 6, 7, 8, 11, and 16, 1988, on the Amended Complaint of the plaintiff, 850 Aquidneck Avenue Associates, a general partnership, against the defendants, Aquidneck Court Associates, a limited partnership, and its two general partners, Joseph A. DiMartino, the debtor, and Donald T. Marini. The plaintiffs’ complaint, which seeks, inter alia, compensatory and punitive d...
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ORDER Heard on February 14, 1989, on the motion of Cross Con Terminals, Inc. (“Cross Con”), an unsecured creditor, for authorization to examine the Custodian of Records of the debtor, Jewelers Shipping Association (“JSA”), pursuant to Bankruptcy Rule 2004, to obtain a list of “individuals or entities” whose goods were transported by Cross Con. The debtor and the unsecured creditors commit...
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MEMORANDUM OF DECISION ON MOTION OF BANK OF BOSTON CONNECTICUT FOR RELIEF FROM AUTOMATIC STAY I. The principal issue presented in this proceeding is the right of a bank, two and one-half years after the filing of a bankruptcy petition (petition), to select against which of two pre-petition obligations of the debtor the bank may set off funds on deposit in the debtor’s bank accounts on the petitio...
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MEMORANDUM AND ORDER This is an appeal from a December 2, 1987 order of the United States Bankruptcy Court for the Eastern District of New York (Hall, J.), which, inter alia (1) authorized the sale of the debtor’s shares in Apartment No. 3A at 1010 Fifth Avenue, New York, New York to Ruth Lindenbaum (“the purchaser”) for $2.3 million, (2) ordered the debtor and debtor-in...
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DECISION On September 2, 1988 the plaintiff, Carol Brody, commenced an adversary proceeding pursuant to 11 U.S.C. § 523(a)(5) to determine the dischargeability of a debt owed by her estranged husband, Denis Bro-dy, the debtor in this case. An answer to the complaint containing a counterclaim was served on October 6, 1988 by mail. On October 31, 1988 a reply to the counterclaim was se...
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MEMORANDUM AND DECISION This matter was brought on by the debtors’ November 23, 1988 motion to have the court value the claims of certain judgment creditors and declare the judgment liens void, pursuant to § 506 of the Bankruptcy Code. 11 U.S.C. § 506. A judgment creditor, Robert Weichert, opposed the motion. A hearing was held on January 10,1989, at which decision was reserved pending su...
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MEMORANDUM AND ORDER Bate Records, Inc., brings this appeal of the bankruptcy court’s decision of August 22, 1988, denying Bate’s motion for summary judgment. Bate is a retailer of records and tapes. Although established as a corporate entity separate from that of 10th Avenue, a record and tape wholesaler and Chapter 7 debtor in this action, 10th Avenue’s trustee in bankruptcy alleges tha...
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MEMORANDUM DECISION AND ORDER ON MOTION TO TRANSFER VENUE OF' ANOTHER CASE TO THIS COURT I. Maruki USA Co., Inc. (Maruki USA), the debtor, moves to transfer to this district the bankruptcy case of HL Associates Limited (HL Associates) currently pending in the Southern District of Florida. Other bankruptcy cases are also pending in other districts involving debtors that have some form...
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DECISION ON ORDER TO SHOW CAUSE FOR ORDER TO ASSUME EXECUTORY LEASE AND TO CURE ARREARS This Chapter 11 debtor, B.K.B. Enterprises, Inc., seeks to assume a lease between the debtor and its landlord in accordance with 11 U.S.C. § 365. The lease relates to premises formerly occupied as a car wash, gas station and tire shop. The premises are now occupied by the debtor solely as a car wash. The lan...
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OMNIBUS DECISION PERMANENTLY ENJOINING VIOLATIONS OF THE CONFIRMED PLAN AND CLAIMS RESOLUTION PROCEDURES The matter before the Court deals with issues and post plan confirmation activities which impact the very foundation of the Debtors’ Confirmed Reorganization Plan. 1 Several parties (“Claimants”) had filed various lawsuits around the country naming either the Manville Person...
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*183 MEMORANDUM AND ORDER This interpleader action arises from claims of Beck-Rumbaugh Associates, Inc. (“Debtor Corporation”) 1 and Robert Rum-baugh (“Rumbaugh”), for commissions due from John L. Motley Associates, Inc. (“Motley Associates”) and John L. Motley (“Motley”). Motley also demanded payment from the Debtor Corporation, Rum-baugh, and Norman H. Beck, Jr. (“Be...
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MEMORANDUM This action arises from alleged civil rights violations which plaintiff claims were perpetrated upon him by defendants Public Savings Association, Inc. (Public Savings), Apex Financial Corporation of Pennsylvania, Inc. (Apex), Richard Stern (Stern) and Fox Rothchild, O’Brien & Frankel (Fox, Rothchild).1 Before the court are the motions of the defendants Public Savings, Apex, Stern, and...
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OPINION This adversary proceeding involves a contest over the ultimate right to recovery of $130,000.00 paid to the Debtor, BELL FUEL CORPORATION (hereinafter referred to as “the Debtor”), by certain insurers in settlement of a suit brought against them by the Debtor as a result of the insurers’ failure to compensate the» Debtor for coverage of certain “business interruption” damages. The...
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*200 OPINION On January 24, 1989, counsel for the Plaintiffs in the above-captioned adversary proceeding filed a motion seeking substantial attorneys’ fees for their services performed in the course of the instant Chapter 11 bankruptcy case. 1 This motion is based, alternatively, on 42 U.S.C. § 1988 and 11 U.S.C. §§ 503(b)(3)(D) and (b)(4). We hold that the narrow scope of §§ 503(b)(3)(D) a...
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OPINION Before the court is a motion filed by Sears, Roebuck and Co. (“movant”), seeking relief from the automatic stay under 11 *207 U.S.C. § 362(d) so that it may proceed to repossess certain personalty of the debtor. Because we find that movant is a secured creditor and has met its burden of proof under 11 U.S.C. § 362(d)(2), we grant Sear’s motion, thus enabling it to pur...
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OPINION A. INTRODUCTION The instant adversary proceeding, reminiscent of two proceedings that we recently decided together in In re Adams, Adams v. Philadelphia Homing Authority, and In re Bowens, Bowens v. Philadelphia Homing Authority, 94 B.R. 838 (Bankr.E.D.Pa. 1989) (hereinafter cited as “Adams”), raises the issue of whether the Philadelphia Housi...
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OPINION The parties have stipulated that the only issue that we need decide in the above-enti- *221 tied four very similar adversary proceedings at this juncture is whether, pursuant to the equitable powers vested in this court by 11 U.S.C. § 105(a), we can compel the defendant-insurers, contrary to the terms of their policies, to make lump-sum payments to the Debtor on accou...
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OPINION The instant adversary proceeding challenges a proof of claim filed by the Department of Housing and Urban Development (HUD). In so doing, it raises difficult questions regarding the effect of a chapter 13 proceeding on the mortgage assignment program operated by HUD. On July 9,1987 the debtors filed a voluntary petition in bankruptcy under chapter 13. Thereafter, HUD filed a ...
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OPINION A. INTRODUCTION From the complex jumble of facts surrounding Objections by a Trustee to claims of the Debtor’s two major creditors and an adversary proceeding involving the Trustee and both of these creditors, all of which were consolidated for trial, emerge three rather simply-resolved legal issues. The adversary proceeding, attempting to render Frankford Trust Co. (hereinaf...
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MEMORANDUM OPINION This matter comes before the Court on appeal from the Bankruptcy Court’s denial of the debtors’ motion to avoid liens and application for determination of secured status. 76 B.R. 82. Debtors Roland and Lynn Gaglia purchased a home in 1980, financing much of it with a mortgage to Ft. Pitt Federal (now First Federal Savings & Loan). In 1983, the debtors offered their...
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MEMORANDUM OPINION Appellant, Wade G. Shehady, Sr., trading and doing business as Shehady’s Oriental Rugs, appeals from an order of the Bankruptcy Court dated June 25, 1987, which denied appellant’s motion to amend one provision of a confirmed Chapter 13 bankruptcy plan. Because the motion to amend was not timely brought to the Bankruptcy Court, the Bankruptcy Court’s order denying the motion is ...
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MEMORANDUM OPINION Before the Court are cross motions for Summary Judgment filed on behalf of Robert T. Noel Coal, Inc. (“Noel” or “Debtor”) and Laurel National Bank (“Laurel”). The issue to be decided is which party is entitled to the proceeds from a public sale of equipment which was held in the Bankruptcy Court on September 5, 1985. This question first came to the Court’s attentio...
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DECISION RE MOTION FOR PRELIMINARY INJUNCTION Kora & Williams Corporation (“Debtor”), the plaintiff, was the contractor for the Union Station Bus/Parking Garage and Rail Access project in Washington, D.C. The Insurance Company of North America (“INA”), which has intervened in support of the Debtor’s position, issued a payment bond, as surety, on behalf of the Debtor, as principal, in conn...
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ORDER DISMISSING APPLICATION AND ORDER DIRECTING DEBTOR TO FILE PLAN The matter before the court is the “Application for Authority to Receive Personal Living Expenses/Compensation” filed by the debtor on February 16, 1989. The application was only served on the Bankruptcy Administrator who has not filed a response. The debtor is an emergency room physician practicing medicine in Wilmington, N...
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MEMORANDUM OPINION AND ORDER On December 16,1988, the trustee in this chapter 7 case sold real property located in Wake County, North Carolina, by public auction to Planters National Bank (“Planters”) for $90,000. The purpose of this proceeding is to determine which creditors are entitled to the proceeds. A hearing was held in Raleigh, North Carolina, on March 6, 1989. The primary issue i...
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MEMORANDUM OPINION AND ORDER The matters before the court are the request filed on January 4, 1989, by the chapter 12 debtors to have their bankruptcy case dismissed and the “Notice of Default Under Chapter 12 Plan” filed on January 10, 1989, by the chapter 12 trustee. After proper notice, a telephonic hearing was held on March 9, 1989. The issue presented is whether the debtors have the right ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on the United States’ complaint objecting to the dischargeability of debts related to several transactions: sale of the debtors’ 1987 apple crop; the 1985 transfer of a hay baler, rake and loaders; and the 1987 transfer of two tractors. Also at issue is whether certain items are property of the debtors’ estate or property of Nie...
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*277 MEMORANDUM OPINION This matter is before the court on the joint complaint of Green Hill Corporation (“Green Hill”) and Abdoulalem Gharia-ni (“Ghariani”) seeking a denial of the discharge of Charles C. Kim (“Kim”) and Duak F. Kim (“Mrs. Kim”) pursuant to 11 U.S.C. section 727 of the Bankruptcy Code or, in the alternative, a denial of the dis-chargeability of their debt under ...
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MEMORANDUM OPINION The matter before the Court for decision arises as a result of a complaint seeking declaratory judgment filed by Earl Richard Wilson and Pamela Sue Gaskins Wilson (the Wilsons) as to whether 11 U.S.C. § 524(c) and 11 U.S.C. § 722 are mandatory or elective. However, as reflected by the memoranda filed by the plaintiffs in this case, the real issue which the plaintiffs ha...
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MEMORANDUM OPINION The issue before the court is whether the debtors are entitled to receive additional government monetary relief due to the destruction of their tobacco plant beds and tobacco crop following, and if so, how much. On October 18, 1986, Congress enacted the Disaster Payment Program which authorized up to $400 million in disaster payments to eligible producers experiencing a loss in ...
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JOINT MEMORANDUM OPINION The within complaints were filed by Ted G. Davis, debtor, seeking to avoid judgment liens of the defendants upon real estate which he owns in Buchanan County, Virginia. From the evidence in the consolidated hearing, it appeared that debtor, while trading as T. Davis Coal Company, employed defendants in the business and when their earned wages were not paid, all of these de...
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ORDER & REASONS REGARDING DISCHARGEABILITY This litigation has been brought by FSLIC as receiver of Gulf Federal Savings Bank to recover damages incurred by Gulf as a result of alleged wrongful acts by Gulf’s former officers, directors and lawyers, 1 including legal malpractice claims against Gulfs former lawyers, the firm of Mmahat & Duffy and John Mmahat individually. These cl...
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*303OPINION Defendant, Stanley Levine, filed a petition in bankruptcy on November 10, 1986. Plaintiff, Louisiana Builders, Inc. (“Louisiana Builders”), filed an objection on January 20,1987 to defendant’s discharge based upon alleged violations of 11 U.S.C. Secs. 523(a)(4) and (6) which relate to fraud and willful and malicious injury by a debtor. The issue of dischargability was decided by the ba...
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The above-entitled litigation comes before this Court on appeal from the United States Bankruptcy Court for the Eastern District of Louisiana. Claimant, Jerry L. Robinett, appeals the Order of United States Bankruptcy Judge T.M. Brahney, III, which recognized only $184.38 of his $4,684.38 priority claim. The Order of the Bankruptcy Court is AFFIRMED. FACTS On or about November 4, 1981, debtor, Gar...
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ORDER WITH REASONS This Order on the Court’s own motion primarily involves a contract that would circumvent the Court’s power to determine compensation for an attorney representing the Debtor-in-Possession. *308 The Debtor recently filed a Chapter 11 pétition. An Application to Employ Counsel seeks appointment of John C. Anderson of Baton Rouge and his firm, and Gerald H. Sc...
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MEMORANDUM OPINION This Opinion concludes that the confirmed Chapter 11 Debtor is entitled to the excessive fees paid by him to his attorney even though most classes of creditors under the confirmed plan are impaired when the creditors have failed to assert any *313claim to these funds and the Chapter 11 Plan is now fully consummated. In this case, many classes of secured creditors were “impaired...
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Following a bench trial, several parties appeal the adverse portions of a final judgment entered by the bankruptcy court. Finding that certain of the bankruptcy court’s extensive findings of fact are insufficient to permit appellate review, the court vacates the judgment and remands the case to the bankruptcy court for further proceedings. I. A. Appellants, Endrex Exploration Com...
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MEMORANDUM OPINION In this case, the Court must inquire into whether several obligations undertaken by the debtor as part of an agreement incident to divorce are a dischargeable property settlement or nondischargeable obligations for support. This Court rules that the obligations were intended to provide the debt- or’s wife with future support, and therefore, are not dischargeable. FACTUAL BA...
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MEMORANDUM OF OPINION CONCERNING ATTORNEY’S FEES On May 16,1988, Clinton E. Williams and wife, Billie Ray Williams (Debtors) filed for relief under Chapter 12 of the Bankruptcy Code. After protracted negotiation and litigation on February 8, 1989, the Court confirmed the Debtors’ Third Amended Plan of Reorganization. The Court took under advisement the requests for attorney’s fees made by the D...
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ORDER AWARDING ATTORNEY’S FEES This Order addresses the application of the law firm of Rochelle & Balzerson, counsel for the debtors, for compensation. After a hearing, the court took the application under advisement to further review the application in detail and to consider the propriety of the hourly rates requested. Upon consideration thereof, the court finds and concludes, for the re...
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MEMORANDUM OPINION Came on for consideration the Application by the Chapter 7 Trustee, Stanley Wright, for Relief From an Order signed September 17, 1987 entitled “Agreed Order of Adequate Protection on Motion of Robert Cox For Relief From Stay”. A hearing was held on this matter on September 15, 1988. After argument of counsel, the Court took this matter under advisement. *345 ...
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OPINION AND ORDER ALLOWING ADMINISTRATIVE PRIORITY TO INTEREST ON POST-PETITION TAXES This matter is before the court upon the trustee’s objection to second amended proof of claim filed by the State of Michigan, Department of Treasury, Revenue Division, for $6,682.66 representing sales, withholding and single business tax deficiencies, penalties and interest. Upon consideration thereof, t...
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MEMORANDUM OPINION These twin causes of action are before the Court to determine whether the Debtor generally is entitled to a discharge and whether a specific obligation is dischargea-ble. Beginning in January 1985, it appears that the Debtor cohabited with one Larry *352 Welling at 16936 Route 224, Berlin Center, Ohio. The residence was owned by Mr. Welling’s parents, ...
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MEMORANDUM OPINION This cause came before the Court on the Debtor’s Amended Complaint against MIDLAND BUCKEYE FEDERAL SAVINGS & LOAN ASSOCIATION (“MIDLAND BUCKEYE”) and MIDLAND SERVICE CORPORATION (“MIDLAND SERVICE”) for breach of contract. This is a core proceeding pursuant 28 U.S.C. Sec. 157(b)(2). FACTS On Decémber 24, 1984, the Debtor borrowed Three Hundred Eighty-Five Thousand & 00/100 Dolla...
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MEMORANDUM OF OPINION AND ORDER This matter is before the Court on application of the firm of Squire, Sanders & Dempsey (Applicant) for appointment as general counsel for the Debtor corporations. Both Debtors filed petitions on February 28, 1989, seeking an order of relief under Chapter 11. This is a core proceeding under provisions of 28 U.S.C. § 157(b)(2)(A), with jurisdiction further c...
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OPINION AND ORDER This matter is before the Court on appeal from the United States Bankruptcy Court for the Southern District of Ohio, Eastern Division. Appellant Maddox appeals from the May 23, 1988 opinion and order of the Bankruptcy Court granting the motion of the debtor, Michael C. Soult D.M.D., to reopen his bankruptcy case to permit him to list the appellant as a creditor. 88 B.R. 801. T...
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DECISION AND ORDER GRANTING DEBTOR’S MOTION TO REOPEN BANKRUPTCY CASE This matter is before the court upon the motion of James C. Caslin, debtor, to' reopen his bankruptcy case for the purpose of adding the City of Dayton, Ohio as a creditor. The court has jurisdiction pursuant to 28 U.S.C. § 1384 and the standing order of reference entered in this district. This matter is a core proceedi...
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OPINION AND ORDER ON MOTION TO DETERMINE CORE STATUS OF DEBTOR’S AMENDED COMPLAINT I. Preliminary Statement This matter is before the Court upon the Motion to Determine Core Status of Debt- *371 or’s Amended Complaint (“Motion”) filed by the defendants in this adversary proceeding — Food Concepts of Wisconsin, Inc., David Boxer, Richard D. Turcott, M.D., and Caro...
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ORDER GRANTING MOTION TO DISMISS THIRD-PARTY PLAINTIFF’S COMPLAINT I. Statement of Uncontested Facts This matter is before the Court upon the Motion to Dismiss Third-Party Plaintiff’s Complaint (“Motion”) filed by Mobile Consultants, Inc. (“MCI”), the third-party defendant in this adversary proceeding. The uncontested facts on which the Motion is based are as follows: (1...
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ORDER GRANTING MOTION TO DISMISS I. Preliminary Statement This matter is before the Court upon the Motion to Dismiss (“Motion”) filed by the defendant, Larry G. Cover, the debtor in the Chapter 7 case of Larry G. Cover, dba Commercial Electronics, Zanesville Radio Telephone, Case No. 2-82-04311 (“Debtor”). The Motion seeks dismissal of the Complaint to Determine Di...
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OPINION AND ORDER ON MOTION TO REOPEN I. Preliminary Statement This matter is before the Court upon the Motion to Reopen (“Motion”) filed by Willa Delaine Smart, the debtor in this closed Chapter 7 case (“Debtor”) and the memorandum contra to the Motion filed by The Dayton Firefighters Federal Credit Union (the “Credit Union”). Jurisdiction over this case is vested...
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OPINION AND ORDER ON DIS-CHARGEABILITY OF DEBT This adversary proceeding is before the Court on a Complaint, filed by Jerry Mounts (“Mounts”) against debtor Cynthia R. Greve (“Greve”), to determine the dis-chargeability of a debt. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district. This is a core proceedi...
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*389MEMORANDUM OPINION Before the court is defendant, U.S.A. Rookwood Corporation’s (“Rookwood”) motion for summary judgment. For the following reasons, Rookwood’s motion is granted. FACTS This action is brought by the Trustee in bankruptcy (“Trustee”) for the estate of Energy Cooperative, Inc. (“ECI”) pursuant to 11 U.S.C. § 547 to set aside alleged preferential transfers ECI made to Rook-wood du...
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*392MEMORANDUM OPINION This case comes before the Court on the defendants Norwood Ashley’s and Barbara Ashley’s Motion to Vacate this Court’s order of December 23,1988 and Judge Katz’s order of September 16, 1988 holding the defendants in civil contempt. For the following reasons, the defendants’ motion is denied. FACTS The Ashleys filed their voluntary Chapter 11 Petition on July 1, 1981, and ha...
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MEMORANDUM OPINION This case is before the court on the appeal of defendants llene F. Goldstein,,trust-ee of the estate of Wayne J. Klein (“Trustee”) and United States Fidelity and Guarantee Company (“USF & G”) from a decision of the bankruptcy court granting a motion of plaintiff Harris Trust and Savings Bank (“Harris Bank”) for summary judgment. The bankruptcy court ruled that Harris Ba...
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MEMORANDUM, OPINION & ORDER FACTS This matter comes before the court on the motion of Fleet Mortgage Company *399 (“Fleet”) to annul the automatic stay imposed by 11 U.S.C. § 362(a) to allow Fleet to complete foreclosure on this Chapter 13 debtor’s home. 1 The debtor, Melvin Ligon, bought his home on November 28, 1984. Fleet lent him $43,000 to fina...
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MEMORANDUM OPINION AND SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was originally commenced by the filing of an involuntary petition under Section 303 of the Bankruptcy Code, 11 U.S.C. 303, against Better Care, Ltd., the alleged debtor (Better Care). On May 27, 1988, this Court entered Findings of Fact and Conclusions of Law (Findings), after trial, finding that ...
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MEMORANDUM OPINION AND ORDER This cause coming on to be heard on the Debtor’s Motions for Partial Summary Judgment on the Debtor’s Objection to Claim and counterclaims against the First Bank of Whiting, and the Court, having considered the record and pleadings on file in this case, having considered the memo-randa of law submitted by the parties in support of their respective positions, a...
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MEMORANDUM OPINION AND ORDER This matter comes before this Court on the objection of Charles J. Myler (“Trustee”) to the homestead exemption claimed by Roy C. Jelinek, d/b/a Elgin Y & C Cab Co. (“Debtor”). Debtor seeks to claim the homestead exemption in an amended exemption Schedule B-4 filed more than two years after Debtor originally filed his bankruptcy petition. The Trustee objects o...
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MEMORANDUM OPINION This matter comes before this Court on cross-motions for summary judgment brought by Equitable Life Leasing Corporation (“Equitable”) and Heller Financial, Inc. (“Heller”), two of the defendants herein, and Virtual Network Services, Corporation (“VNS”), the debtor in this case and the plaintiff in this adversary proceeding. This Court grants the Motion for Summary Judgm...
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MEMORANDUM OPINION From the Complaint it appears that Trustee seeks to avoid a certain Assignment to Defendant Harriet Caldwell a/k/a Harriet Scherl pursuant to 11 U.S.C. § 548 (Count I), § 544(a) (Count II), and § 544(b) (Count III). At stake is a fund of at least $32,247.42, the net proceeds after sale of the relevant property. At all times that this Adversary case pended, said Defendant ha...
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ORDER The Federal Deposit Insurance Corporation (FDIC) brought an adversarial action in the bankruptcy court against Bernard and Monique Cerar, seeking to prevent the discharge of a note. The bankruptcy court ruled for the FDIC on Counts I and II. *448 That decision, appealed to this Court, is hereby AFFIRMED. FACTS The Atkinson Trust & Savings Bank was closed o...
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OPINION This matter is before the Court on the Objections to Confirmation filed by Farm Credit Bank of St. Louis and First of America Bank of Kankakee—N.A. (Bank). There having been a hearing held on these objections on October 3, 1988, wherein the parties presented testimony and documentary evidence. The parties were given time to brief the issues; the last of these briefs was received October...
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OPINION AND ORDER Debtors filed a Chapter 13 proceeding, and scheduled a student loan owed to the Illinois State Scholarship Commission (COMMISSION) as án unsecured debt. The COMMISSION objected to confirmation of the plan which proposes to pay unsecured creditors 1% over three years. The basis of the COMMISSION’S objection is twofold. First, the plan was not filed in good fait...
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ORDER This matter is before the Court on an Amended Complaint to Determine Secured Status and to Avoid Alleged Security Interest filed by Eagle Bank 1 (“Eagle”) against Community Bank of Trenton (“Community”). Also before the Court is debtors’ objection to Community’s proofs of claim in which debtors have adopted the allegations contained in Eagle’s amended complaint. Eagle and...
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MEMORANDUM AND ORDER This matter is before the Court to consider the validity of a notice of rejection of lease filed by lessors of an oil and gas lease owned in part and operated by debt- or, Hanson Oil Co., Inc. Lessors allege that the trustee in bankruptcy has failed to assume or reject such oil and gas lease within 60 days as required by § 365(d)(4) of the Bankruptcy Code. Lessors ass...
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MEMORANDUM OF DECISION This matter is before the court on the debtors’ MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (“Motion”). The creditor, General Finance Corporation (“General”), whose lien the debtors are attempting to avoid, filed an objection to the Motion. A pretrial conference was held and the parties waived a trial on the matter and instead agreed to submit stipulated facts and...
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MEMORANDUM OF DECISION Prior to joining in the bankruptcy petition initiating this case, the debtor, Mrs. Sowers, was employed by Bank One, Lafayette, N.A. Among the benefits the bank offered its employees was a 401(k) plan. Mrs. Sowers terminated her employment on June 12, 1987. As a result of termination, her contributions to the plan, which had a value in excess of $2,300.00, became im...
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FINDINGS AND ORDER PERTAINING TO: (1) CLAIM OF JOSEPH A. SZABO, REGIONAL DIRECTOR NATIONAL LABOR RELATIONS BOARD THIRTIETH REGION, ACTING ON BEHALF OF THE NATIONAL LABOR RELATIONS BOARD AS STATUTORY AGENT OF CERTAIN EMPLOYEES (2) CLAIM OF UNITED FOOD AND COMMERCIAL WORKERS INDUSTRY PENSION FUND; (3) CLAIM OF LOCAL P-40 UNITED FOOD & COMMERCIAL WORKERS, AFL-CIO, CLC; and (4) ...
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MEMORANDUM AND ORDER This action was originally filed by the Plaintiff in the United States Bankruptcy Court for the Eastern District of Arkansas, Western Division, as six separate adversary proceedings in the bankruptcy of Golden Gulf, Ltd. Based upon the bankruptcy court’s recommendation of January 30, 1987, the United States District Court withdrew reference of these actions and consol...
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MEMORANDUM OPINION On January 30, 1986, the United States District Court for the Eastern District of Arkansas determined that the customers of Brittenum & Associates, Inc. (debtor) were in need of protection under the Securities Investor Protection Act of 1970 (SIPA). The Honorable James F. Dowden was appointed trustee by the district court, and the case was removed to the bankruptcy court for ad...
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ORDER On March 25, 1988, Gerald A. Butler filed a voluntary petition for relief under the provisions of chapter 12 of the United States Bankruptcy Code. The debtor-in-possession filed a proposed plan of reorganization on June 20, 1988. On July 6, 1988, *510 a hearing was held concerning objections to confirmation filed by First National Bank of Eastern Arkansas (First Nationa...
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MEMORANDUM AND ORDER Re: Objection to Exemptions The matter before the Court is the Federal Land Bank of Omaha’s Objection to Exemptions claimed by the Debtors. The Federal Land Bank claims that the Debtors converted non-exempt property into exempt property with the intent to hinder, delay or defraud their creditors. This Memorandum and Order constitutes the Findings of Fact and Conc...
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This proceeding came on for trial on the plaintiff’s complaint seeking a determination of the validity, priority and extent of its lien against the Carlton Bloomington Dinner Theatre property. Richard Dono-hoo and Seth Colton appeared for the plaintiff. Joseph Nilan 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 co...
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*542 MEMORANDUM ORDER OVERRULING OBJECTION TO DISCHARGE This proceeding is before the court for trial based on stipulated facts. Based on the file, factual matters previously determined, and the stipulated facts, I make this memorandum order. On January 7, 1986, Omar A. Tveten filed a petition under chapter 11. On April 25, 1986, the plaintiffs filed this adversary proceeding seeking to hav...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The hearing on the motions to dismiss this case was called on February 9, 1989. The Debtor appeared by its President, Solomon Rooks, and presented certain arguments upon the record, including a request to continue the hearings to permit the Debtor to attempt to retain legal counsel. The United States Trustee appeared by counsel and opposed the request to ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The matter being considered here is a Motion for Summary Judgment filed on behalf of one of the Defendants, Mark Twain Bank. These Findings and Conclusions are entered after consideration of the record as a whole including the numerous memoranda filed by the parties. Summary judgment may be rendered if the pleadings, depositions, answers to interrogatories, ...
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ORDER DIRECTING DOUGLAS L. WINCHESTER, FORMER COUNSEL FOR DEBTORS, TO RESTORE ALL ATTORNEY’S FEES COLLECTED BY HIM FROM DEBTORS TO THE DEBTORS WITHIN 25 DAYS OF THE DATE OF FILING OF THIS ORDER The files and records in this chapter 11 case show that it was effectively dis *548 missed on February 13, 1987. This came as a result of a conditional order of dismissal which had bee...
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ORDER APPROVING MODIFICATION TO DEBTORS’ CONFIRMED PLAN OF ADJUSTMENT ON CONDITION OF PROMPT AND UNFAILING PAYMENT ACCORDING TO TERMS OF MODIFIED PLAN The debtors seek the court’s approval of a modification of their previously-confirmed plan of adjustment, the effect of which would be to extend the term of the loan owing to the objecting creditor Heritage Bank from a 20-year loan, under the confir...
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MEMORANDUM OPINION FACTS In this Chapter 11 case, Safeco Insurance Company, (“Safeco”) makes a claim against the estate of debtor, Prime, Inc. (“Prime”) for amounts Safeco paid to its insureds, Steve and Sharon McCray (“McCrays”) under their policy, including the uninsured motorist policy provision. On March 1, 1980, the McCrays were involved in an accident with an employee of Prime. Prime’s insur...
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MEMORANDUM OPINION Debtors, formerly farmers, filed a Chapter 13 proceeding. The Farmers Home Administration (FmHA) filed objections to confirmation alleging that debtors had not filed the proceeding in good faith. FmHA’s pique was aroused by two events in the past. In 1986, debtors had executed a financial statement which represented that they were possessed of certain livestock when in fact they...
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MEMORANDUM Trial was held on this matter and a companion case which is a turnover action, Adversary No. A88-4056, 97 B.R. 561, which is entitled W. Edward Plihal, Plaintiff, v. The Austin Co., Inc., Defendant and First National Bank of Wahoo, Intervenor, on January 6 and January 20, 1989. Appearing on behalf of the plaintiff was Donald Swanson of Schmid, Mooney & Frederick, P.C...
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MEMORANDUM Trial was held on this matter and a companion case which is a preference and lien avoidance action, Adversary No. A88-4057, 97 B.R. 554, which is entitled W. Edward Plihal, Plaintiff, v. First National Bank of Wahoo, Defendant, on January 6 and January 20, 1989. Appearing on behalf of the plaintiff was Donald Swanson of Schmid, Mooney & Frederick, P.C., Omaha, Nebraska. Appearing on be...
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MEMORANDUM This matter is before the Court on the objection to discharge based upon 11 U.S.C. § 727(a)(2) filed by the Bank of Heming-ford. Pursuant to its order, dated September 22, 1988, the Court has considered the briefs submitted on this matter, plus all evidence previously submitted at the. July 6, 1988, trial on objections to exemptions. This memorandum constitutes the Court’s find...
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MEMORANDUM OPINION Plaintiff/Appellants James and Elizabeth Adelman (“the Adelmans”) have appealed an order of the Bankruptcy Court for the District of South Dakota denying their motion to enforce the Adelmans’ interpretation of a stipulated settlement between the Adelmans and Defendant/Appellee Minn-west Bank of Ortonville (“Minnwest”). This Court affirms the bankruptcy court’s order and...
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OPINION Debtor’s amended Schedule B-4 listed the debtor’s interest in his pension plan and asserted that the plan was not an asset of the estate pursuant to 11 U.S.C. § 541(c)(2). Judgment creditor PriMerit Bank objected to the debtor’s claimed exemption. The bankruptcy court held that the assets in the pension plan were property of the estate and were not exempt under federal or state law...
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OPINION Approximately 36 days after the entry of an order, debtor/appellant, Oscar Martinez (“appellant”) filed a motion for an extension of time to file a notice of appeal from that order. Appellant appeals from the bankruptcy court’s denial of the motion for an extension. We affirm. FACTS On October 24, 1985, the bankruptcy court entered judgment in an adversary proceeding in ...
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ORDER Appellant, Arizona Health Care Cost Containment System (“AHCCCS”), appeals a Bankruptcy Court decision ordering ap-pellee Miller & Pitt to turn over to appellee George Nelson, as bankruptcy trustee for Donald and Carol Yakel, funds obtained from the settlement of Yakel’s claims against a third party tortfeasor. AHCCCS claims $24,309.65 of the settlement represents medical costs incu...
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MODIFIED OPINION RE MOTION TO QUASH, MOTION TO COMPEL AND MOTION TO TRANSFER BACKGROUND A challenge to the procedures for and geographic limits of examinations of entities other than the debtor, pursuant to Bankruptcy Rule 2004(c), is raised by cross-motions brought by the entity seeking to compel the 2004(c) examination and the entity seeking to resist the 2004(c) examination. ...
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MEMORANDUM DECISION Because both of the above-referenced cases present the same legal question, the Court has considered them together to jointly dispose of them in this Decision. At issue is the Chapter 7 trustee’s power to limit or condition the estate’s release of sales proceeds attributable to a debtor’s declared homestead exemption. [[Image here]] In both cases, the debtor filed a Chap...
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AMENDED ORDER ON MOTION OF SUNNYSIDE GOLD CORPORATION TO DISMISS DEBTOR’S APPLICATION FOR JUDICIAL ENFORCEMENT OF ITS PLAN OF REORGANIZATION This matter comes before the Court on the motion of Sunnyside Gold Corporation (Sunnyside) to dismiss the debtor’s application for judicial enforcement of its plan of reorganization. The debtor requested that Sunnyside be required to provide it with ...
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OPINION AND ORDER ON FEES I.INTRODUCTION This matter came before the Court on the Chapter 7 Trustee’s Application for Fees. The Trustee in this Chapter 7 case, Steven Zimmerman (the “Trustee”), seeks final compensation for his services and the services of his paralegal, plus the reimbursement of certain expenses incurred during the administration of this estate. He seeks $1,372.09 as...
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MEMORANDUM AND ORDER This is bankruptcy appeal brought by the creditors, The First National Bank and Trust Company of Hutchinson, Kansas, Farmers Cooperative Elevator Company and Action Auto Rental and Sale. These creditors filed an involuntary bankruptcy petition against the debtor, Milburn Franz, on October 7, 1986. In an order filed September 25, 1987, the bankruptcy court found that debto...
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MEMORANDUM OPINION AND ORDER This matter came for hearing on the debtor’s motion to avoid the lien of the Third National Bank of Sedalia, Missouri. The debtor, Mary Beth Moody, appeared by and through counsel, Gary L. Sloan. The creditor, Third National Bank of Sedalia, Missouri, appeared by and through counsel, Eric C. Rajala. FINDINGS OF FACT This Court finds that the parties have stipula...
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MEMORANDUM DECISION AND OPINION On February 9, 1989, the Court heard this adversary proceeding brought under 11 U.S.C. § 523(a)(4) to determine the dis-chargeability of a debt. After considering the evidence presented and the arguments and authorities of counsel, the Court makes the following findings of fact and conclusions of law. On December 18,1981, Evelyn and Ansel Hull conveyed 4.6905 a...
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ORDER Before the Court is the appeal by City National Bank of Sayre (“Bank”) of the Bankruptcy Court’s February 24, 1988 Order. Appellant Bank filed its brief on April 14, 1988. Gladys Rashid (“debtor”) filed her brief on May 16, 1988 to which the Bank replied on May 31, 1988. The broad issue on appeal is whether rental of a house separate from, but adjacent to, the principal residence, c...
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ORDER This matter came before the Court on the Objection of the Trustee to the Debt- or’s claimed exemptions. Appearing were Irvin Grodsky, attorney for the Debtor, and Theodore L. Hall, Trustee and attorney for the Trustee. Having duly considered the evidence and arguments of counsel, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. James Allen Seu...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION THIS is a Chapter 7 liquidation case, initially instituted as a case under Chapter 11 of the Bankruptcy Code. The controversy under consideration presented by the above-captioned adversary proceeding instituted by the United States of America (Government) teaches a classic object lesson on the subject of how to live high on the h...
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MEMORANDUM OPINION This case is before the Court upon the motion of Acafid AG Lugano, Maurice d’Moreno, Fortunee Moreno-Jtros, Kam Pui Man, Noemi J.R. Downes, Arzi Bank AG, Dan Andrei, and Bernhard Meiners, Jr. (the “Lugano Group”), to require American Transtech, Inc. (escrow agent), to make distributions pursuant to the Fourth Amended Joint Plan of Reorganization, or in the alternative, ...
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MEMORANDUM OPINION This case is before the Court upon the motion filed by Maeona M. Stegall (“Mrs. Stegall”), seeking an extension of time in which to surrender preferred stock certificates pursuant to the debtor’s Fourth Amended Joint Plan of Reorganization. An evidentiary hearing on the motion was held December 16, 1988, and upon the evidence presented, the Court enters the following Memorandum...
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MEMORANDUM OPINION This case is before the Court upon motion filed by Becky H. Wyer (“Mrs. Wyer”) seeking an extension of time in which to surrender debenture certificates pursuant to the debtor’s Fourth Amended Joint Plan of Reorganization. An evidentiary hearing on the motion was held December 16, 1988, and upon the evidence presented, the Court enters the following Memorandum Opinion: FACTS On...
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MEMORANDUM OPINION This case is before the Court upon the motion filed by Cody" Motor Company (“Cody”) seeking an extension of time in which to surrender preferred stock certificates pursuant to the debtor’s Fourth Amended Joint Plan of Reorganization. An evidentiary hearing on the motion was held December 16, 1988, and upon the evidence presented, the Court enters the following Memorandum Opinio...
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MEMORANDUM DECISION The debtor seeks a determination under 11 U.S.C. § 523(a)(5) that the portion of his IBM retirement and pension plan benefits designated as a community property interest of his ex-wife is dischargeable. The defendants have answered. The answer of the ex-wife asserts a counterclaim seeking relief alternatively under § 523(a)(5) or (6). In its answer, IBM asserts a count...
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ORDER ON FEE APPLICATIONS This debtor’s chapter 11 plan was accepted by its creditors and was confirmed several weeks ago. (CP 132). At the confirmation hearing, held November 18, 1988, all fee applications were also heard. This Order addresses those applications. History of the Case The debtor has operated a non-profit church-controlled continuing care facility (The Palms) ...
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MEMORANDUM DECISION The trustee seeks the avoidance under 11 U.S.C. §§ 547(b) and 550 of the debtors’ transfer of a 1957 Thunderbird to the defendants, parents of the debtor wife. The defendants have answered and the matter was tried on January 24. I conclude that this transfer occurred April 26,1988 and was, therefore, an avoidable preference, and that the trustee is entitled to its recovery. Th...
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ORDER ON CLAIMS 55, 59, 60, 61 CONTINUING HEARING ON DEBTOR’S OBJECTIONS On December 23, 1988, 18 days before the confirmation hearing scheduled on this debtor’s chapter 11 plan, the debtor filed (CP 48a) its objections to 36 claims, together with a motion (CP 50) to shorten, under Rule 9006(c)(1) the 30-day notice period to 20 days, so that its objections could be heard at the confirmati...
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ORDER ON CLAIMS 33, 34, 35 The trustee’s partial objections to Claims 33, 34, and 35, which total $63,916, were heard January 10 with 19 other objections. The others were resolved in a January 17 Order. Ruling on these three was reserved. (CP 100). For the reasons which follow, I sustain the trustee’s objections. This debtor filed for a chapter 11 reorganization in November 1984. The...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE came before the Court upon the complaint of Allied Video Corp. (the “creditor”) against Charles E. Fitch (the “debtor”) to determine the discharge-ability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A), and the Court having heard the testimony, examined the evidence presented, observed the candor and demeanor of the witnesses, considered the argu...
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ORDER ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT This matter came before the Court for hearing on March 3, 1989, at 9:30 a.m. (1) for trial of the Trustee’s Objection to Allowance of Administration and Priority Claims 3152 and 3153 filed by the Internal Revenue Service and Counterclaim for Equitable Subordination (the “Objection and Counterclaim”) filed by William D. Seidle (the “Trustee”),...
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ORDER Presently before the Court is plaintiffs motion for summary judgment in the above-styled proceeding. The present motion was filed on August 18, 1986 and defendant-debtor filed a memorandum in opposition October 2. The underlying complaint in this proceeding seeks a determination of nondischargeability regarding a certain debt owed by debtor in the amount of $1,500.00, pursuant to 11...
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ORDER Before the court is debtor’s motion to amend his Chapter 7 petition to add his spouse as joint debtor. On December 27, 1984, the debtor, John Leon Kirkus, filed a Chapter 13 case which was converted to Chapter 7 on June 19, 1987. Thereafter, on July 9, 1987, debtor filed the present motion to amend his Chapter 7 petition to add his spouse, Geraldine Kirkus, as a joint debtor. The issu...
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ORDER Before the court is Virginia A. Dilkes’ motion for reconsideration of the August *677 31, 1988 order disallowing her claim, motion for a new trial on the objections to her claim, motion for amendment of the court’s findings of fact and conclusions of law, and motion for an order vacating or amending said order. This matter originally came on for hearing on August 9, 198...
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ORDER Before the court is defendant’s motion to dismiss this fraudulent transfer and preference complaint on the basis that the doctrine of laches bars plaintiff from proceeding against defendant. This is a core proceeding pursuant to 28 U.S.C. Section 157(b)(2)(F) and (H). The period for commencing fraudulent transfer and preference actions is governed by the time limits imposed by ...
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MEMORANDUM OPINION On October 7th, 1988, Respondents Robert Trombley and Dianne Trombley (hereinafter “Debtors”) filed a voluntary petition under Chapter 7 of the Bankruptcy Code. Chrysler First Financial Service Corporation of Georgia (hereinafter “Movant”) filed its Motion for Relief from the Automatic Stay with this court on December 19, 1988. On December 21, 1988, the motion came on for heari...
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MEMORANDUM OPINION OVERRULING DEBTOR’S OBJECTION [P. 925] TO THE PROOF OF CLAIM OF DICKSTEIN, SHAPIRO & MORIN FOR COMPENSATION AS DEBTOR’S FORMER SPECIAL COUNSEL This matter came on for hearing before the undersigned U.S. Bankruptcy Judge to whom the instant bankruptcy case was specially assigned. Based upon all of the evidence and for the reasons stated, the debt- or’s objection to the f...
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MEMORANDUM AND ORDER This is an appeal by the Commissioner of Revenue for the Commonwealth of Massachusetts (“Commissioner”) from the Bankruptcy Court’s denial of the Commissioner’s motion for relief from a September 17, 1986 Bankruptcy Court Order fixing October 31, 1986, as the “bar date” for filing proofs of claim. By moving for relief from the bar date order, the Commissioner sought t...
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97 B.R. 721 (1989) In re M.S.V., INC., Martin Specialty Vehicles, Inc., Debtors. M.S.V., INC., Martin Specialty Vehicles, Inc., Carole Martin, Plaintiffs, v. BANK OF BOSTON, WESTERN MASSACHUSETTS, N.A., Defendant. Bankruptcy Nos. 86-40095-PWG, 86-40096-PWG, Adv. No. 86-4012-JFQ, Civ. A. No. 88-0150-F. United States District Court, D. Massachusetts. March 22, 1989. *722 Maurice M. Cahillane, Egan,...
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MEMORANDUM AND ORDER I. INTRODUCTION Before the Court , is defendant-appellant Bank of Boston’s (“BOB”) lengthy and detailed Appeal from a Final Judgment of the United States Bankruptcy Court for the District of Massachusetts (“Defendant’s Appeal”), which challenges Bankruptcy Judge Queenan’s conclusion that BOB acted in bad faith in foreclosing on the plain*723tiffs’ property, and which protests ...
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MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT BACKGROUND The plaintiff and the defendant were married on September 3,1961. On October 8,1985, the plaintiff petitioned the Connecticut Superior Court for a dissolution of the marriage, which the defendant contested. On December 22, 1986, the state court entered a judgment dissolving the marriage and inter alia ordered t...
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ORDER Plaintiff James R. Erlichman has commenced this civil action in order to appeal a decision of the Bankruptcy Court of the Northern District of New York rendered by Judge Justin J. Mahoney on July 13, 1988. Judge Mahoney was at that time presiding over a Chapter 7 bankruptcy proceeding in which James R. Erlichman, debt- or, had already been discharged of those debts owed to creditors listed ...
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MEMORANDUM DECISION AND ORDER FACTS The Court has before it for consideration two applications for interim compensation in the within Chapter 11 case. The first application is filed by Hodgson, Russ, Andrews, Woods & Goodyear, Esqs. (“Hodgson, Russ”), the attorneys for the Official Creditors’ Committee and the second application is filed by Spicer & Oppen-heim (“Spicer”), the ac...
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MEMORANDUM-DECISION, FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER This matter comes before the Court on the motion of Plaintiff Michael J. Balanoff, Esq. as Trustee in Bankruptcy (“Trustee”) to enjoin the transfer of some $290,220.00 to one Gloria Steffan pursuant to an Order of the New York State Supreme Court under §§ 362(a)(2) and 105(a) of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330...
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MEMORANDUM AND ORDER Appellant Wefco, Inc. (“Wefco”), a Chapter 11 debtor-in-possession, appeals from an order of the United States Bankruptcy Court for the Eastern District of New York (Hall, J.), dismissing, for lack of subject matter jurisdiction, an adversary proceeding brought by Wefco against Daniel Mala-wista Golf Shop, Inc. (“Malawista”). This Court has jurisdiction to decide the ...
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OPINION Presently before the court are identical motions made in each of the above-captioned cases requesting recusal of the undersigned pursuant to 28 U.S.C. § 455. This court finds the motions legally insufficient and factually without merit. Re-cusal is unwarranted since no reasonable person, “were he to know all the circumstances, would harbor doubt about the judge’s impartiality”, Potashnick...
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MEMORANDUM AND DECISION This Adversary Proceeding was commenced by the Chapter 11 Trustee on October 14, 1986. The Trustee seeks to deny Richard G. Miller (the “Debtor”) a bankruptcy discharge and have him found in contempt of Court. A three day bench trial yielded lengthy findings of fact, the most important of which follow. On April 11, 1984, the Debtor filed a petition for Chapter...
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MEMORANDUM DECISION AWARDING ATTORNEYS’ FEES TO LANDLORD On January 9, 1989, I rendered a ruling from the bench permitting 2495 Broadway Supermarket, Inc., the debtor, to assume its lease with Lawrence and Melvin Fried-land (the landlord). The landlord did not object to the assumption on the terms which I set, which included an award of attorneys’ fees pursuant to the terms of the lease a...
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*770 DECISION The Federal Deposit Insurance Corporation (the “FDIC”) seeks summary judgment on the fourth, sixth and seventh cross-claims contained in the Chapter 7 Trustee’s third amended answer to the complaint in this adversary proceeding alleging fraudulent conveyances. Those cross-claims assert that a conveyance by the Debtor, Perri Kanterman, of a mortgage and her entering ...
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OPINION The instant dispute between the Debtor and its landlord pursuant to a lease containing a purchase option, tests the power of the landlord to unilaterally terminate the parties’ contract on the basis of a forfeiture clause. Since we believe that such a clause must be construed narrowly, we hold that, in several respects, the landlord has failed to establish that it met the prerequi...
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MEMORANDUM OPINION Before me is a consolidated complaint and motion brought by the debtors, Lester and Frances McLean, seeking to avoid the City of Philadelphia’s lien on their residential real property for unpaid prepetition water bills. 1 Debtors present alternate legal theories for relief: first, that the lien was not perfected as of the date of the bankruptcy petition filin...
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OPINION A. INTRODUCTION The instant proceeding brings to our court, as a debtor, the same mortgagor who was the plaintiff in a sharply-worded Opinion of the Third Circuit Court of Appeals, reversing a denial of her application for an assignment of her federally-insured mortgage to the United States Department of Housing and Urban Development (hereinafter referred to as “HUD”). ...
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OPINION A. INTRODUCTION The instant proceeding presents two disturbing elements which, to a degree, counteract one another. First, we have a landlord who, having obtained relief from the automatic stay only to regain possession of its premises, proceeded to seize, destroy, and otherwise dispose of the Debtor-tenant’s apparently valuable property despite the Debtor’s vigilance in seek...
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OPINION The two closely-related matters before us concern the right of a Debtor-landlord to not only reject a lease, but also to terminate the right of its Tenant to retain its leasehold, on the basis of a lease clause providing that the lease shall terminate upon the expiration of the interest of the Lessor’s predecessor in the premises. We hold that, by receiving rent and expressing no ...
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OPINION Before the court is a motion filed by Hill Financial Savings Association (“movant”), requesting relief from the automatic stay under 11 U.S.C. § 362(d)(1) to pursue a pre-petition foreclosure judgment it obtained against debtor. The parties have stipulated to the following relevant facts, and hence, no hearing was held. On or about November 14, 1979, debtor executed a note in...
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MEMORANDUM AND ORDER This matter is before the Court on the motion of Hammermill Thrift Plan (“Hammermill” or the “Plan”) for reconsideration of the Opinion and Order previously entered by this Court on January 20, 1988. White v. Babo (In re Babo), 81 B.R. 389 (Bankr.W.D.Pa.1988). Hearing on this cause was held on the 10th day of May, 1988. Hammermill’s motion, based on th...
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MEMORANDUM OPINION Before the Court is F. Bruce Corneal, Jr.’s (“Corneal”) Motion For Stay Pending Appeal, wherein Corneal implores this Court to stay our Order of January 25, 1989 confirming the Plan of Reorganization of Asher J. Sky (“Sky”). Objections to the request for stay were filed by Sky, the Chapter 11 Trustee, and Union National Bank (“UNB”), the primary secured creditor in the case...
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OPINION Issue The issue is whether § 1129(b)(2)(B) of the Bankruptcy Code permits the debtor to obtain confirmation of a Chapter 11 Plan of Reorganization over the objections of a majority of the class of unsecured non-priority creditors, where the debtor retains the equity ownership, and the unsecured creditor class is impaired. We hold the debtor’s plan may not be confirmed. Discussion...
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This matter came on to be heard for a bench trial to determine whether the defendant’s obligations to his former spouse are excepted from the defendant’s Chapter 7 discharge under 11 U.S.C. § 523(a)(5)(B). After reviewing the record and hearing the arguments of counsel, the court, pursuant to Bankruptcy Rule 7052, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT P...
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ORDER DISSOLVING THE PLAINTIFF’S PRE-JUDGMENT ATTACHMENT LIEN This matter is before the court for a hearing on the motions of Aero Occidente, Ltda. and Aero Mercantil, S.A., as third-party claimants, to dissolve the plaintiffs, Mr. Alberto Gacharna, pre-judgment attachment lien on two (2) aircraft which were registered with the Federal Aviation Administration in the name of the defendant, Air Ope...
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MEMORANDUM OPINION AND ORDER The issue before the court is whether insurance proceeds resulting from the destruction of the debtor’s automobile rightfully belong to the debtor or the first lien-holder on the vehicle. The facts are as follows: Sylvia Woods (“debtor”) filed a Chapter 13 petition in this court on September 8, 1988. At that time, debtor owned a 1983 Oldsmobile Omega automobile en...
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*853 MEMORANDUM AND ORDER This action is an appeal from an order of the United States Bankruptcy Court pursuant to 28 U.S.C. Sec. 158(a). It concerns an Order entered on August 12, 1988 by the bankruptcy judge extending the exclusivity period for Washington-St. Tammany Electric Cooperative, Inc. (“WST”), debtor in a Chapter 11 case, to obtain acceptance of its plan for reorganiza...
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MEMORANDUM OPINION This cause is before the Court upon an application for interim compensation and reimbursement of expenses filed by the law firm of Krogstad and Wood, attorneys for the former debtors in possession, and upon an adversary complaint filed by the trustee against L. Kenneth Krogstad and the law firm of Krogstad and Wood for turnover of personal property of the estate. The in...
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MEMORANDUM OF OPINION ON OWELTY LIEN Jim Bob Shults and Nedra Mollie Shults (Debtors) filed for relief under Chapter 7 of the Bankruptcy Code on April 16, 1987. The United States of America on behalf of its agency, the Farmers Home Administration, (FmHA) filed a proof of claim on September 14, 1987, asserting a lien on three specifically described tracts of land in Garza County, Texas, de...
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MEMORANDUM OF OPINION AND ORDER In these consolidated adversary proceedings, Marvin A. Sicherman (Trustee) seeks a grant of summary judgment regarding certain alleged preferential transfers made by Harvard Manufacturing Corporation (Debtor) to the' Internal Revende Service (IRS) within ninety days of the Debtor being placed into an involuntary Chapter 7 case. In view of the following find...
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OPINION AND ORDER AWARDING DEBTOR DAMAGES AND DETERMINING DEBT TO BE NONDIS-CHARGEABLE This matter is before the court upon plaintiff’s complaint for contempt and the parties’ stipulation and briefs in support of their positions. Upon consideration thereof, the court finds that Debtor should recover $1,015.00 from defendants and that the debt in issue should be excepted from discharge. ...
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MEMORANDUM OF OPINION AND ORDER This adversary proceeding is a preference action filed by Marvin A. Sicherman (The Trustee), wherein he seeks to recover certain prepetition transfers made by Service Bolt & Nut Co., Inc. (The Debtor) to Massachusetts Mutual Life Insurance Company (the Insuror) within the ninety-day period preceding the petition filing. Following a trial on the matter, the ...
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DECISION ON MOTION PURSUANT TO 11 U.S.C. § 365(d)(2) A controversy had arisen in this Chapter 11 case having to do with the rights of the several parties involved in an effort to sell certain real estate owned by the debtor. This court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this District. This is a core proceeding arising under...
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DECISION and ORDER This is a Chapter 11 case filed January 20, 1988. An order issued January 22, 1988, authorizing the employment of Cohen, Todd, Kite and Stanford as attorneys to represent the debtor-in-possession. The application leading to that order requested the employment of Paul Nemann of that firm. Mr. Nemann filed an affidavit in connection with the application in which he said: Inso...
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ORDER RE OBJECTION TO AMENDED PLAN Debtor filed his Chapter 13 petition June 8, 1988. He was given until August 8, 1988 to file his schedules and he did so on that date. Debtor is self employed. He owns a number of mobile homes which he rents. Debtor has presented a plan in which he proposed to pay arrearages within two years, and otherwise pay secured creditors 100% over five years. Unsecured ...
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ORDER SUSTAINING OBJECTION TO CONFIRMATION This matter is before the Court upon the Objection to Confirmation (“Objection”) *904 filed by The Huntington National Bank (“HNB”). The Court has jurisdiction over this case pursuant to 28 U.S.C. § 1334(b) and the General Order of Reference entered in this district. This is a core proceeding which the Court may hear and determine. 28 U.S.C. § 157(b)...
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*906 MEMORANDUM OPINION This case comes before the Court on plaintiff Bates & Rogers Construction Corp.’s (“Bates & Rogers”) Motion to Abstain and Remand. For the following reasons, the motion is granted. DISCUSSION On February 17, 1987, Bates & Rogers filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code. On December 20, 1988, plaintiff ...
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ORDER Pursuant to 28 U.S.C. § 158(a), appellant Illinois Bell Telephone Company (“Illinois Bell”) appeals the final order entered by the bankruptcy court in this adversary proceeding on October 12, 1988. In that ruling, the bankruptcy court granted summary judgment to appellees Directional International, Ltd.; Access Microcenters, Inc.; and the New Personal Computer Network, Inc. (collect...
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MEMORANDUM OPINION This matter comes to be heard before the Court on the motion of Concordia Federal Bank for Savings (“Concordia”) pursuant to Federal Rule of Bankruptcy Procedure 9011 for sanctions against the debtors Robert E. Pasko and Dorothy Pasko and their attorney John Knapp. The debtors and their attorney failed to answer any of the allegations in Concordia’s motion for sanctions...
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MEMORANDUM OPINION This adversary proceeding comes before the Court on the complaint of Britton Mo *920 tor Service, Inc. (“Britton”) objecting to the discharge of debtor/defendant Michael J. Krich (“Krich”) for violations of 11 U.S.C. § 727(a)(2), (a)(4)(A). For the reasons set forth below, the Court having considered all the pleadings, and the evidence adduced at trial, does hereby sustai...
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MEMORANDUM OPINION AND ORDER The appellant Roxolana Harasymiw brings this appeal of the United States Bankruptcy Court’s July 22, 1987 decision in this case. In its decision, the bankruptcy court found that Selfreliance Federal Credit Union met its burden of showing that Harasymiw’s $150,000 debt should not be discharged pursuant to 11 U.S.C. §§ 523(a)(4) and 523(a)(2)(B). In her appeal, ...
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MEMORANDUM OPINION The Debtors David Gray and Cheryl Gray (“Debtors”) have moved for a finding that certain actions by their creditor, Stephen E. Rich, Jr. (“Rich”), and Rich’s attorney, Richard E. Steck (“Steck”), violated the automatic stay under § 362(a)(6) and the post-discharge injunction under § 524(a) of the Bankruptcy Code, 11 U.S.C. §§ 362(a)(6) and 524(a). (Hereafter, unless spe...
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MEMORANDUM OPINION ON LYONS SAVINGS BANK’S MOTION TO DISMISS COUNTS 1 AND 51 OF THE FIRST AMENDED COMPLAINT Pleadings and Issues Defendant Lyons Savings Bank has moved to dismiss Counts 1 and 51 of the First Amended Complaint. For reasons set forth below, that motion is denied. The Complaint filed by the Trustee seeks diverse relief including Court authority to sell a shoppi...
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AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW This Adversary case came on for trial. Evidence and stipulations of fact were admitted and considered. Both parties rested and the Court heard final argument. A post trial stipulation was filed by the parties as to post-petition payments by Debtor to Connecticut General. Now therefore the Court makes and enters the following Amended Findings...
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MEMORANDUM AND ORDER Joseph E. Cohen, trustee, plaintiff, has objected to the discharge of the Joseph Bucci, debtor, defendant, on the grounds that Bucci with intent to hinder, delay, or defraud his creditors or an officer of the estate had transferred and concealed property within one year before the date that he filed his petition in violation of Bankruptcy Code § 727(a)(2)(A); that Bucci fai...
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MEMORANDUM OPINION This matter comes before the Court on the motion of John Iaquinta (“Iaquinta”) pursuant to Federal Rule of Bankruptcy Procedure 9024 incorporating Federal Rule of Civil Procedure 60 for relief from a judgment entered on January 12, 1989. 95 BR 576. For the reasons stated herein, the Court having considered the pleadings does hereby deny the motion. I. JURISDICTION ...
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ORDER ON APPEAL This is a Chapter 7 bankruptcy proceeding. The case is before the court on appeal from an order entered by the Bankruptcy Court on April 8, 1987. The order disallowed all claims which had not been filed on or before February 6, 1986, and refused the appellants the right to amend their claims to list claims which had not been filed prior to that date. In the proceedings in the Bank...
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MEMORANDUM OF DECISION This matter is before the court on the Estate of Richard A. Kuchik’s (“Creditor”) *963 MOTION TO DISMISS BANKRUPTCY OF DAVID MERYL BELT, III, filed on December 20, 1988 and the Creditor’s verbal objection to confirmation of the debt- or’s Chapter 13 Plan of Reorganization. The immediate matter at hand concerns the Creditor’s demand for an evidentiary he...
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MEMORANDUM OF DECISION This matter is before the court on confirmation of debtor’s MODIFIED CHAPTER 13 PLAN (“Plan”). The standing chapter 13 Trustee, Tedd E. Mishler, Esq. (“Trustee”), filed an OBJECTION TO CONFIRMATION and the matter came on for hearing. For the reasons set out below, the debtor’s Plan is CONFIRMED and the objection of the Trustee is overruled. The debtor is directed to...
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ORDER . This case is before the court on a COMPLAINT TO DETERMINE DISCHARGE-ABILITY filed on July 16, 1987, by Standard Federal Bank (“Bank”) against Joyce Jean Compton, Debtor/Defendant herein (“Defendant”), under 11 U.S.C. § 523(a)(2)(A) and (B), and (a)(6). After various continuances and efforts at discovery, a trial was held in Fort Wayne on September 22, 1988. The court dire...
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DECISION The amended disclosure statement of Dorian J. Hirt (“debtor” or “Mr. Hirt”) is before the court for approval. Also pending are a motion filed by the United States Trustee for conversion to a case under chapter 7 or, in the alternative, dismissal of this chapter 11 case and a motion for relief from the automatic stay filed by Farm Credit Bank of St. Paul (“FCB”), holder of a first mortg...
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MEMORANDUM DECISION This adversary proceeding arises in the chapter 7 bankruptcy filed by Dennis Mu-surlian on December 27, 1985. Mr. Musur-lian’s case is a bramble bush of dishonesty and dissembling, the present avoidance action being but one ill-formed shoot of its diseased root. The defendant, William Olson, has been caught in this thicket as an unwitting dupe, or, at worst, a poorly c...
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MEMORANDUM DECISION Claimant, Bernadette Stoudt, was employed by Eye Contact after May 27, 1986, under a contract for an annual salary of $18,000.00 and a bonus of $2,500.00 upon the completion of each three months’ work. On August 27,1986, she became entitled to a bonus of $2,500.00 but Eye Contact was unable to pay it. On September 6, 1986, Eye Contact and Ms. Stoudt agreed to a new con...
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ORDER On October 29, 1987, Elton E. Batchelor and Edith Sue Batchelor (debtors) filed a voluntary petition for relief under the provisions of chapter 12 of the United States Bankruptcy Code. The schedules, as amended, listed secured claims of $302,-148.54 and unsecured claims of $8,470.00. Real property, consisting of two tracts, was valued at $210,567.64 and personal property was valued at $61...
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*998 MEMORANDUM OPINION The instant appeal is taken by both the debtors, Marcia Nell Holt and Marvin Joe Holt, and the creditor, Federal Savings and Loan Insurance Corporation (FSLIC), from an opinion delivered by the Honorable Robert F. Fussell, United States Bankruptcy Judge for the Eastern and Western Districts of Arkansas, filed March 17, 1988, in the above cited cases. 84 B.R. 991. The d...
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ORDER STRIKING NOTICE OF INTENT TO FILE APPEAL TO THE DISTRICT COURT IN SPRINGFIELD, MISSOURI AND APPLICATION FOR ORDER ALLOWING APPELLANT TO PROCEED PRO SE AND IN FOR-MA PAUPERIS On January 25, 1989, the Court received a pleading, titled Notice of Intent to File Appeal to the District Court in Springfield, Missouri and Application for Order Allowing Appellant to Proceed Pro Se and In Forma Pau...
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MEMORANDUM OPINION Debtor was formerly known as Show Me Lodges, Inc. Debtor’s witness could not identify at what date its name was changed. In any event, debtor filed a California Corporation Franchise or Income Tax Return for the period of September 1, 1983 through August 31,1984, Said return was prepared by Laventhol & Horvath, debtor’s outside certified public accountants. Said return was signe...
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MEMORANDUM THIS MATTER came before the court for a trial on December 14, 1988, upon the *1004 complaint to determine dischargeability of debt under 11 U.S.C. § 523(a)(6). This section provides, in pertinent part, that a discharge does not discharge an individual debtor from any debt “for willful and malicious injury by the debtor to another entity or to the property of another entity.” FIND...
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OPINION Duane J. Dwyer (Dwyer) appeals from a judgment in favor of the bankruptcy trustee, preventing his avoidance of (i) his pre-petition conveyances of realty to the debtor and (ii) the ratification of a subsequent state court settlement, confirming the debt- or's entitlement to the properties. Dwyer, representing himself, questions the validity of the state court settlement and of the...
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*1015 CONTESTED MATTER ORDER Before the court is GEIBank Industrial Bank’s (“movant”) amended motion for relief from stay and for imposition of sanctions pursuant to Bankruptcy Rule 9011 against debtor and her attorney. This matter is a core proceeding pursuant to 28 U.S.C. Section 157(b)(2)(G). After consideration of the record, the testimony and other evidence presented, a...
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