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All Reporters → collier-bankr-cas-2d → Volume 31

Opinions in collier-bankr-cas-2d Volume 31

*649 MEMORANDUM OF DECISION ON CONFIRMATION A confirmation hearing was held in this case on March 14 and 15, 1994. The debtor presented its case in support of confirmation of its plan and the Kansas Public Employees’ Retirement System (KPERS) presented its case in opposition. The debtor is represented by Daniel Flanigan and David Ferguson of McDowell, Rice & Smith, Kansas City, M...
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DECISION AND ORDER Heard on the Debtor’s motion to adjudge the Rhode Island Department of Transportation, Division of Motor Vehicles, in contempt, and also for the imposition of sanctions for its intentional and/or willful violation of the automatic stay. The legal issue presented is whether the automatic stay provided by 11 U.S.C. § 362(a)(1) prevents the State of Rhode Island from enforcing...
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OPINION AND ORDER RE INTERIM PROCEDURES AND DENYING BREAK-UP FEES This matter is before the Court pursuant to Debtor’s Motion for Approval of the Interim Procedures Agreement and the objection thereto. An evidentiary hearing was required and held on April 12, 1994, after which the matter was taken under advisement. After due consideration of the pleadings, the evidence presented, the argu...
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MEMORANDUM OF DECISION ON MOTION TO AVOID TAX LIENS UNDER 11 U.S.C. § 545(2) *813 Debtors bring this motion 1 to avoid federal and state tax liens and raise issues regarding a Chapter 7 debtor’s ability to avoid liens under 11 U.S.C. § 545(2). 2 We deny Debtors’ motion and hold that a Chapter 7 debtor does not have standing to bring an action to avoid such l...
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MEMORANDUM OPINION The issue before the court is whether Sandra L. Rishel’s (“Debtor”) attorneys’ fees are considered to be “compensation of the trustee” within the meaning of 11 U.S.C. § 363(j), thus disallowing the payment of attorneys’ fees as a cost and expense of the sale of property. After careful consideration and for the reasons stated below, the court determines that when a d...
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166 B.R. 365 (1994) In re Russell Dean JOHNSON, Debtor. AMERICAN FAMILY FINANCIAL SERVICES, INC., Plaintiff, v. Russell Dean JOHNSON, Defendant. Bankruptcy No. 3-93-2574. Adv. No. 3-93-203. United States Bankruptcy Court, D. Minnesota, Third Division. April 22, 1994. *366 Dennis J. Holisak, Edina, MN, for debtor/defendant. D.H. Seel, Bloomington, MN, for plaintiff. ORDER DENNIS D. O'BRIEN, Chief...
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MEMORANDUM OF DECISION ON ORDER REQUIRING PAYMENT OF POST-PETITION TAXES On March 18, 1994, we issued an Order requiring the Debtor to pay all outstanding post-petition taxes on nonresidential leases within twenty-one days, failing which such leases would be deemed rejected. Said Order was made in response to the motions of several lessors seeking the payment of post-petition lease ob...
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ORDER On January 27,1992, John Lyman (debtor) filed a chapter 7 bankruptcy petition. A matrix listing four creditors was filed the same day. On February 11, 1992, debtor filed his schedules and a signed verification of matrix. 1 All of the named plaintiffs in the instant adversary proceeding were listed as unsecured creditors on debtor’s schedules, but none of them were listed on the matrix...
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DECISION ON MOTION BY AMERICANA HOTELS AND REALTY CORP. FOR SUPERPRIORITY ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. § 507(b) This matter is before the Court pursuant to a motion made by the secured creditor Americana Hotels & Realty Corp. (“Americana”), for an order: (i) fixing the value of its secured lien on property owned by J.F.K. Acquisition Group (the “Debtor”) pursuant...
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23 F.3d 311 62 USLW 2754, Bankr. L. Rep. P 75,887 In re INTERWEST BUSINESS EQUIPMENT, INC., Green Street, aNon-Profit Corp., Retail Systems, Inc., Debtors.INTERWEST BUSINESS EQUIPMENT, INC., Green Street, aNon-Profit Corp., Retail Systems, Inc.,Plaintiffs-Appellants,v.UNITED STATES TRUSTEE, Defendant-Appellee. No. 92-4122. United States Court of Appeals,Tenth Circuit. May 2, 1...
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OPINION The debtor appeals a money judgment and judgment of nondischargeability for $22,567 in credit card debt. The court determined the debt to be nondischargeable after considering the factors enumerated in the BAP case In re Dougherty, 84 B.R. 653 (9th Cir. BAP 1988). Debtor contends that Dougherty misconstrues 11 U.S.C. § 523(a)(2)(A) 1 basi...
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24 F.3d 1199 Bankr. L. Rep. P 75,924In re O.J. OSBORN and Roma Lou Osborn, Debtors.O.J. OSBORN and Roma Lou Osborn, Appellants,v.DURANT BANK & TRUST COMPANY, Appellee. No. 91-7008. United States Court of Appeals,Tenth Circuit. May 13, 1994.Order Denying Rehearing June 24, 1994. Rick Poland of Underwood, Bardrick, Poland & Snyder, Oklahoma City, OK, for appellant...
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In this Chapter 11 Bankruptcy ease, the bankruptcy and district courts refused to hold that nearly $70,000 owed to Omni was nondischargeable because the debt was not properly scheduled in time to permit Omni to file a proof of claim and Omni had no other notice or actual knowledge of the case. See 11 U.S.C. § 523(a)(3). Instead, the courts authorized “for Omni’s benefit” an extension of time to...
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21 F.3d 690 62 USLW 2760, Bankr. L. Rep. P 75,956 In the Matter of John Floyd NICHOLS and Deena CountsNichols, Debtors.CONROE OFFICE BUILDING LTD., et al., Appellants,v.John Floyd NICHOLS, et al., Appellees. No. 93-2394. United States Court of Appeals,Fifth Circuit. May 31, 1994. Joe A. Izen, Jr., pro se. L.T. Brandt, pro se. L.T. Brandt, Houston, TX, fo...
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25 F.3d 338 31 Collier Bankr.Cas.2d 134, 25 Bankr.Ct.Dec. 1146,Bankr. L. Rep. P 75,921, 23 UCC Rep.Serv.2d 833 In re UNION SECURITY MORTGAGE COMPANY, Debtor.Larry STEWART, Trustee for Union Security Mortgage Company,Plaintiff-Appellant,v.EAST TENNESSEE TITLE INSURANCE AGENCY, INC., Defendant-Appellee. No. 93-5755. United States Court of Appeals,Sixth Circuit. Argued April 28, ...
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*513 MEMORANDUM OF DECISION AND ORDER RE: CONFIRMATION OF PLAN I. ISSUE The dispositive issue in this proceeding is whether a court may confirm a debtors’ joint Chapter 11 plan whose feasibility concededly relies upon the receipt of the debtors’ future wages for a period of at least seven years. The debtors, who are husband and wife, contend that “present law is totally permissive of ...
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MEMORANDUM Before me are two motions filed by the defendant, Commonwealth of Pennsylvania Department of General Services. One motion seeks dismissal the above-captioned adversary proceeding; the second motion requests that abstention be granted. The plaintiff/debtor opposes both requests for relief. For the following reasons, I conclude that abstention is warranted. I. A. ...
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DECISION RE MOTIONS FOR SUMMARY JUDGMENT This is a dispute between the debtor, 5028 Wisconsin Avenue Associates Limited Part *701 nership, and its mortgagee 1 concerning the entitlement to rents owed by the debtor’s tenant, Copy King, Inc. The disputed rents have been held by the tenant in an escrow account pending resolution of the dispute. The court holds tha...
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OPINION I. INTRODUCTION The debtor, an ambulance service supplying transportation to Medicare patients seeks injunctive relief in this proceeding to prevent the Department of Health and Human Services (“HHS”) from suspending payment of its Medicare reimbursements because of alleged overpayments. The facts require harmonization of two independent federal statutes. Because restructurin...
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In this bankruptcy proceeding, plaintiff J.E. Nicholson, Jr. filed a complaint seeking to have a debt owed to him by defendant Kenneth L. Isaacman declared nondischargeable. The bankruptcy court concluded that plaintiffs complaint was untimely, despite the fact that it was filed within the date set by the court clerk following a change of venue, 149 B.R. 502. The district court affirmed. On app...
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This is an appeal from an order of the United States District Court for the Northern District of New York, Frederick J. Scul-lin, J., affirming an order of the Bankruptcy Court for the Northern District of New York, Stephen D. Gerling, B.J., denying the Debtor’s motion to amend its schedules, and dismissing the Debtor’s objections to portions of its former employees’ proofs of claim. The order ...
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Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Senior Judge SPROUSE and Senior Judge CHAPMAN, joined. OPINION During the liquidation of JKJ Chevrolet, Incorporated (JKJ) pursuant to Chapter 7 of the Bankruptcy Code, see 11 U.S.C.A. §§ 701-728 (West 1993), Reynolds & Reynolds Company (Reynolds) sought to recover from JKJ’s principal secured credito...
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Following the declared bankruptcy of Terry Limited Partnership (“Terry”), its chief asset, an office building, was sold at a public auction. The sale generated revenue sufficient to repay the first and second mortgage holders. Equitable Life Insurance (“Equitable”) was the second mortgage holder. According to' Equitable’s agreement with Terry, if Terry defaulted, interest would begin to accrue at...
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Opinion by Judge SCHROEDER. The issue in this appeal is whether a federal tax lien had attached to the vested retirement benefits of a retired justice of the Alaska Supreme Court. We must decide whether these vested benefits represent property within the meaning of 26 U.S.C. § 6321 to which the tax lien had attached prior to bankruptcy, or whether the benefits should be regarded as “after...
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MEMORANDUM OPINION Debtor Master Mortgage Investment Fund (Master Mortgage) filed its Fourth Amended Plan of Reorganization on November 18, 1993 (the Plan). The Plan was duly transmitted to the creditors and all parties in interest of record together with a copy of the *932 Disclosure Statement previously approved by the Court. The Court considered the Plan and six object...
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*943 MEMORANDUM AND ORDER This bankruptcy case comes before the court upon the United States’ appeal, on behalf of the Farmers Home Administration (FmHA), from an adverse decision by the bankruptcy court. The United States contends that the bankruptcy court erred in denying its motion for relief from the automatic stay to exercise its right of setoff against annual Conservation R...
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OPINION DENYING ENTRY OF UAW’S 1113(F) ORDER This matter is before the Court upon remand from the Honorable Anna Diggs Taylor of the Eastern District of Michigan, directing this Court to rule on the merits of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) and UAW Local 2194 (collectively UAW’s Motion [for] Entry of Order Under § 1113(f)...
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MEMORANDUM AND ORDER ON DEFENDANT ELAINE ANDERSEN’S MOTION TO ORDER TRUSTEE TO ABANDON PROPERTY AND TO LIFT STAY AND MOTION FOR SUMMARY JUDGMENT The chapter 7 trustee commenced this adversary proceeding on August 28, 1992, to recover an allegedly fraudulent transfer of an interest in a residence by the debtor to his wife, Elaine Andersen (“Andersen”), on December 8, 1986. Andersen seeks s...
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ORDER GRANTING SUMMARY JUDGMENT This proceeding is before the Court on the trustee-plaintiffs motion for summary judgment. The trustee filed a complaint to try, pursuant to 11 U.S.C.A. § 549, to recover an alleged postpetition transfer of estate property to State Farm Life Insurance Company (State Farm). The debtor intervened, and State Farm filed an answer leaving the actual defense of this ac...
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MEMORANDUM OPINION The former Chapter 7 trustee in this case, Michael A. Grassmueck, Inc. has filed proof of claim # 7 in this case in the amount of $2,031.26 as an administrative expense claim. This matter comes before the court upon the debtor’s objection to that claim. BACKGROUND The facts are, essentially, undisputed. The debtor commenced this case by filing a voluntary Chapter 7 petiti...
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MEMORANDUM OPINION This matter is before the Court on Objection Of The United States Trustee To Debt- or’s Application For Order Authorizing The Retention Of Accountant. A hearing on the Trustee’s Objection was held on March 23, 1994. Based on the evidence presented at the hearing, and the arguments of counsel, the Court will sustain the objection of the United States Trustee. These f...
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MEMORANDUM OPINION Facts Leon Basham, the Debtor, filed for Chapter 13 relief under the Bankruptcy Code, 11 U.S.C. § 1301, et seq. (the Code), on January 14, 1993. The Debtor listed only six creditors in Schedules D — F. Two of the claims are scheduled as secured. The Debtor scheduled a debt in the amount of $23,500 to Green Tree Acceptance Corp. (Green Tree) for the purchase of a...
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ORDER It has come to the Court’s attention that the above adversary proceeding has been pending without any substantial activity of record having taken place since December 7, 1992. This proceeding was commenced by the chapter 7 Trustee Theo D. Mann (hereinafter “Trustee”) against Robert Hahn (hereinafter “Debtor”) as a Complaint Objecting *694 to Discharge. The matters i...
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RULING AND ORDER ON DEFENDANT’S MOTION TO DISMISS AMENDED COMPLAINT I. ISSUE Hal M. Hirsch, the Chapter 7 trustee of the consolidated estate of Colonial Realty Company, Jonathan Googel, and Benjamin Sisti (the debtors), filed a complaint on July 12,1993 against Michael Marinelli, the defendant. On November 15, 1993, the trustee filed an amended complaint containing four ...
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MEMORANDUM OPINION This matter is before the Court on Motion For Relief From Stay Or To Dismiss Or Convert filed by Louise Y. Pulliam Kelley (“Movant”), a secured creditor in this Chapter 11 ease. This is a core matter pursuant to 28 U.S.C. § 157(b)(2)(G). The Court held a hearing on this motion on March 30, 1994. Based on the evidence presented at the hearing and the arguments of cou...
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DECISION ON TRUSTEE’S MOTION TO REDUCE DEBTORS’ AUTOMOBILE EXEMPTION TO $2,100 THE MOTION The debtors, husband and wife, each claim a motor vehicle exemption in the amount of *783 $2,400 pursuant to § 282(1) of the New York State Debtor and Creditor Law in the same 1988 Toyota Camry, which is titled solely in the wife, for a total exemption of $4,800. The Chapter...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for hearing on May 23, 1994, upon the Debtors’ Motion for Post-Confirmation Modification of Plan filed March 30, 1994, and the objections thereto filed by Courtesy Ford and the Chapter 13 Trustee. The objection by the Chapter 13 Trustee is a technical objection, and the Debtors have agreed that they will correct that matter. On January 31, 19...
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OPINION Before the Court is the Motion for Judgment on the Pleadings (the “Motion”) filed by the defendant Rental Tools/Equipment (“Defendant”). The Motion requires the Court to decide an issue expressly reserved by the Third Circuit Court of Appeals in its recent decision Construction Management Services, Inc. v. Manufacturers Hanover Trust Company (In re Coastal Group Inc.), ...
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*690 ORDER REVERSING THE ORDER OF THE UNITED STATES BANKRUPTCY COURT DENYING THE APPELLANTS’, CLARK OIL AND TRADING COMPANY, NIC, INC., GIC, INC., PAUL NOVELLY, LAWRENCE ALT-MANSBERGER, AND SAMUEL R. GOLDSTEIN, MOTION TO DISMISS THE FIRST THROUGH SIXTH AND FOURTEENTH CLAIMS FOR RELIEF ASSERTED IN THE AMENDED COMPLAINT BY CHAPTER 7 TRUSTEE DAVID R. HABERBUSH AND FINDING THE CLAIMS ARE TIME-BARRE...
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MEMORANDUM OPINION Trial was held on May 26, 1994, on debtor plaintiffs complaint to enjoin continuation of defendant’s state court action as violative of the automatic stay. The parties stipulated to the facts and presented legal argument at trial. For the reasons stated in this memorandum opinion judgment will be entered for defendant, and the complaint will be dismissed. Fin...
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MEMORANDUM OPINION This matter concerns the Chapter 13 Trustee’s objection to confirmation of a debt- or’s Chapter 13 plan after conversion from Chapter 13 to Chapter 7 and reconversion to Chapter 13. The Court considers whether to reinstate the original plan or require confirmation of a new plan. In the latter event, the Court must consider the length of time available for the debtor to comp...
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OPINION AND ORDER Peoples First National Bank and Trust Company, Hazleton, PA, now by merger, First Eastern Bank, N.A. (hereinafter “Bank”), has filed an objection to the First Amended Chapter 13 Plan of Emil J. Haras-chak (hereinafter “Debtor”), alleging three (3) grounds as follows: (1) Section 1322(b)(2) of the Bankruptcy Code (antimodification provision) prevents the Bank’s secure...
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MEMORANDUM OPINION Debtor seeks (at Motion No. 94-590M) to have the involuntary chapter 7 petition brought against it dismissed. It also seeks pursuant to 11 U.S.C. § 303(i)(l) to recover attorney’s fees and costs incurred in resisting the involuntary petition and requests pursuant to 11 U.S.C. § 303(i)(2)(B) an award of punitive damages. According to debtor, the petition must be...
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OPINION ON UNION’S MOTION TO CONFIRM AND DEBTOR’S CROSS-MOTION TO VACATE AN ARBITRATION AWARD The International Ladies’ Garment Workers’ Union, AFL-CIO (the “Union”), seeks to confirm an arbitration award which would compel The Leslie Fay Companies, Inc. (“Leslie Fay”) to adhere to a postpetition amendment to a collective bargaining agreement. Leslie Fay cross-moves to have me set aside t...
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OPINION In each of these cases, Creditor Tandy Credit filed a Motion To Extend Time For Filing Complaint Objecting To Discharge. Although the title refers to an objection to discharge, the relief requested in each motion is for an extension of a deadline within which to file a complaint objecting to the dischargeability of a claim. The prayer for relief in each motion requests that the Court ...
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MEMORANDUM OPINION On May 18,1994, two matters came before the Court in this chapter 13 case. First, the Court took testimony and heard arguments of counsel on Andover Bank’s motion to dismiss the debtor’s chapter 13 case or alternatively convert it to a case under chapter 7. Second, the Court heard argument on the debtor’s motion for summary judgment on her complaint for avoidance of...
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DECISION ON OBJECTION TO CLAIM OF JOHN H. SUTTER The primary question in this objection to a landlord’s claim for damages on a terminated lease is whether the term “surrendered” in the limitation imposed by 11 U.S.C. § 502(b)(6) 1 applies when the landlord declines the return of the premises. The secondary question, which is compelled by conflicting computations of damages and ...
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DECISION AND ORDER DETERMINING CLASSIFICATION/SUBORDINATION OF CLAIMS AFTER CONVERSION FROM CHAPTER 11 TO CHAPTER 7 Before the Court are cross motions for summary judgment by the Chapter 7 Trustee, and claimants Robert and Betty Griggs, who are the former officers, directors and shareholders of the Debtor. The present dispute concerns the classification of two claims previously designated as ...
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DECISION and ORDER ON NOTION TO DISMISS In this joint Chapter 7 case, the United States Trustee has moved to dismiss the case pursuant to 11 U.S.C. § 707(a). The motion came on for hearing before the court. 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 28 U.S.C. § ...
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MEMORANDUM OPINION The matter before the Court is the motion of Knox Metals Corporation (“Knox” or “Defendant”) to dismiss William H. Grabscheid’s (“Plaintiff’ Or “Trustee”) adversary complaint to recover preferential transfers pur *914 suant to 11 U.S.C. §§ 547(b) and 550(a). Knox contends the statute of limitations set forth in § 546(a) 1 forbids the Trustee ...
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MEMORANDUM OF ORDER ON MOTION FOR AUTHORIZATION TO FILE A RIVAL PLAN UNDER CODE § 1121(C) At a hearing on June 9,1994,1 ruled that a rival plan could be filed by an unsecured creditor even though the disclosure statement for the debtor’s plan has been approved. This memorandum explains the basis for that decision. BACKGROUND This chapter 11 case was commenced on June 9, 1993. Th...
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OPINION After receiving their Chapter 7 discharge, debtors Alvin and Christine Hudson made payments on a debt they believed was still owing but which had, in fact, been discharged. The defendant, Central Bank (“Bank”), accepted the payments without advising the debtors they were no longer obligated on the debt. The debtors filed this *370 action for turnover and for sanctions, alleging that...
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OPINION This case and these proceedings are before the Court on Plaintiffs complaint filed on February 2, 1993, seeking to avoid a fraudulent transfer and to recover transferred property of the estate and objecting to debt- or’s discharge. See 11 U.S.C. §§ 548, 727. Similarly, these two adversary proceedings are related to another matter filed by Plaintiff in the main case objecting to Debt...
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DECISION REGARDING MOTIONS FOR SUMMARY JUDGMENT Under the court’s consideration is the Motion for Summary Judgment filed by the plaintiff, Sovran Bank/DC National (“Sov-ran”); the Motion for Summary Judgment filed by the trustee; and the Cross-Motion for Summary Judgment filed by the Defendants, Joseph Aumiller and the United States. The parties assert that there are no genuine issues...
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MEMORANDUM & ORDER The matter before the court is a motion filed by the official unsecured creditors’ committee on January 10, 1994, for an order converting the case from a Chapter 11 reorganization to a Chapter 7 liquidation pursuant to 11 U.S.C. § 1112(b) and the appointment of an interim trustee. The motion to convert was joined by First Western Bank & Trust of Minot, Butler Machinery ...
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MEMORANDUM & ORDER The matter before the court is confirmation of the Debtors’ First “Amended” Plan of Reorganization (Plan) under Chapter 12 of the United States Bankruptcy Code. The Debtors, Wayne and Pamela Foertsch, filed their modified plan of reorganization on November 18, 1993. The standing Chapter 12 Trustee (Trustee) and Lincoln State Bank (Bank), the Debtors’ principal secured c...
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30 F.3d 1209 63 USLW 2131, 25 Bankr.Ct.Dec. 1513,Bankr. L. Rep. P 75,998 In re Gary Ronald PEREZ, Debtor.Frank EVERETT, Appellant,v.Gary Ronald PEREZ, Appellee. No. 92-15971. United States Court of Appeals,Ninth Circuit. Argued and Submitted Nov. 5, 1993.Decided July 27, 1994. Barbara Peyton, Peyton & Associates, Sacramento, CA, for appellant. Michael A. P...
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29 F.3d 903 63 USLW 2147, 25 Bankr.Ct.Dec. 1456,Bankr. L. Rep. P 76,015 In re C.S. ASSOCIATES, d/b/a University Nursing andRehabilitation Center, Debtor.UNITED JERSEY BANK, Appellant,v.Mitchell W. MILLER, Esq.; The City of Philadelphia; TheUnited States of America; Healthcare Services Group;Perloff Brothers, Inc.; Diane Vendetti; The SchoolDistrict of Philadelphia; Nicholas Canuso, ...
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MEMORANDUM ORDER Presently before the Court is the appeal of Raymond E. Silk, M.D. from the Oct. 23, 1993 Order/Judgment of the Bankruptcy Court which entered judgment in favor of the Trustee and against Silk in the amount of approximately $1.5 million. This Court has *369 jurisdiction pursuant to 28 U.S.C. § 158. 1 For the reasons which follow, I will affirm the Order of the Bankruptcy C...
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MEMORANDUM OPINION This matter comes before the Court on the Debtors’ Motion to Redeem Tangible Personal Property filed April 25, 1994. General Motors Acceptance Corporation (GMAC) filed an answer to.the motion, and the Court held a hearing to consider the issues raised by the parties. Having duly considered the motion and the arguments of counsel, the Court finds as follows: Facts The ...
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MEMORANDUM OPINION This is the court’s decision on a motion by defendant Betty Simon, trustee (hereinafter “Simon”) 1 for summary judgment dismissing a complaint by plaintiffs John and Rita McGrath, the debtors, to avoid a tax foreclosure sale of the debtors’ residence under section 548(a)(2) of title 11, United States Code (the “Code” or “Bankruptcy Code”). This court has jurisdiction unde...
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DECISION AND ORDER Heard on January 20, 1994, on Northeast Savings Bank’s motion for relief from the automatic stay. At the end of the hearing the Court denied Northeast’s request for leave to foreclose, without prejudice, and requested memoranda on the ancillary issue of whether the Debtor’s postpetition payments on the Northeast promissory note should be credited to principal or interest. B...
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ORDER By motion filed December 10, 1993 the debtor, Arlinda Arnita Lee seeks to avoid the security interest of her creditor Davis/McGraw, Inc. (“Davis/McGraw”) in certain household goods and furnishings pursuant to 11 U.S.C. § 522(f)(2)(A). 1 The only issue is whether the security interest of Davis/ McGraw is purchase money. Having heard the evidence presented, considered a...
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ORDER DENYING TRUSTEE’S MOTION FOR PRELIMINARY INJUNCTION AND DENYING DEFENDANT’S MOTION TO DISMISS COUNT II This is an adversary proceeding in which the Trustee seeks to avoid a series of transfers between the Debtor, Americana Services, Inc. and the Debtor’s principals, Robert and Dottie Dick, and their wholly owned companies, Warehouse Consultants, Inc. and R.D.D. Associates, Inc. ...
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OPINION AND ORDER Appellant, Lee Roads Partners, Limited, (“the Debtor”) appeals from an Order of Chief Bankruptcy Judge Conrad B. Duber-stein of the Eastern District of New York denying its motion to reject its lease (“the Overlease”) with F.W. Woolworth Co. (“Woolworth”). The bankruptcy court found Woolworth to be in at least “constructive possession of the premises,” and thus entitled to the...
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MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT WITH LEAVE TO RE-PLEAD CERTAIN CLAIMS In this adversary proceeding, the Debtors seek to subordinate the secured claim of the defendant, Crossland Federal Savings Bank (“Crossland”), to the claims of all other creditors, 1 and to transfer Crossland’s mortgage to the Debtors’ estates. According to the complaint, Crossland eng...
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OPINION This appeal arises from a bankruptcy court’s order granting summary judgment in favor of the appellee. The appellee had filed a complaint for a determination as to the validity and priority of a deed of trust. The *399 Chapter 7 2 Trustee filed a cross-complaint asserting that the lien could be avoided under § 548(a). Cross motions for summary judgment ...
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OPINION The debtor and his wife received two refund checks, one from a real estate seller and another from an escrow company. The escrow company issued their refund check by mistake. The debtor deposited both checks. The appellee sought imposition of a constructive trust on the debtor’s subsequently purchased home based on the mistaken cheek. The bankruptcy court imposed a constructiv...
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OPINION An art gallery entered into a five year lease agreement with a shopping center. Within ninety days of the art gallery’s bankruptcy petition, the gallery and the shopping center entered into a termination of lease agreement with the gallery transferring about $38,000 to the shopping center. Post-petition, the art gallery, as debtor in possession, sought to avoid the $38,000 tra...
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166 B.R. 94 (1994) In re RIVER OAKS LIMITED PARTNERSHIP. The TRAVELERS INSURANCE COMPANY, Appellant, v. RIVER OAKS LIMITED PARTNERSHIP, Appellee. No. 93-CV-72581-DT. Bankruptcy No. 92-11111-S. United States District Court, E.D. Michigan, S.D. February 18, 1994. *95 John C. Murray, Oak Brook, IL, William T. Burgess, Detroit, MI, David Fleischer, Douglas L. Furth, New York City, for Travelers Ins. ...
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MEMORANDUM OPINION The issue before the court is whether a Chapter 13 debtor can modify the postpetition interest rate claimed by an overseeured statutory lien creditor without violating 11 U.S.C. §§ 1322(b)(2), 1325(a)(5)(B)® and 506(b). After careful consideration, the issue is determined in the affirmative. I. FACTS Samuel and Alice DeSarno (“Debtors”) defaulted o...
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MEMORANDUM OPINION Trial was held on February 28 and March 1, 1994, on plaintiffs complaint to determine the dischargeability of debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(4). After the presentation of evidence and the argument of counsel the court ruled in favor of plaintiff. This memorandum opinion supplements the court’s bench ruling. Findings of Fact Debtor filed a voluntary ...
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RULING AND ORDER ON TRUSTEE’S OBJECTION TO DEBTOR’S EXEMPTION I. ISSUE The issue to be determined by this ruling is whether a Chapter 7 debtor may exempt, under Code § 522(d)(10)(E), $15,000 held in an Individual Retirement Account (IRA), where the IRA was funded by a roll-over of a lump-sum payment made to the debtor by his employer when the employee pension plan terminated. The partie...
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MEMORANDUM I. INTRODUCTION The matters before the Court for decision are the objections of the Federal Deposit Insurance Corporation, as Liquidating Agent of Capitol Bank and Trust Company (the “FDIC”), and the Resolution Trust Corporation, as the Receiver of New England Federal Savings Association (the “RTC”), to the Second Amended Plan (the “Plan”) filed by the above-referenced deb...
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*127 MEMORANDUM OPINION The matter before the court is Debtor’s Amended Second Omnibus Objection to Claims. Various claims were resolved by orders of this court dated March 22, 1994, and May 20, 1994. The only remaining issue concerns the priority of certain claims for severance pay arising from the permanent closure and sale of Debtor’s Youngstown, Ohio, plant. See Stipulation of Facts at ...
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Schertz-Cibolo-Universal City Independent School District, Devine Independent School District, Charlotte Independent School District, Rosebud-Lott Independent School District, Ben Bolt-Palito Blanco Independent School District, Fairfield Independent School District, and Ballinger Independent School District (“plaintiff school districts”) appeal from the district court’s decision affi...
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After more than thirty-one years of marriage, LeBaron and Audrey (“Joyce”) Dennis divorced. The divorce court awarded Joyce one-half of LeBaron’s military retirement benefits, and LeBaron agreed to pay the taxes thereon. Six years after the divorce, LeBaron filed a petition for bankruptcy. He sought a discharge of his obligation to pay the taxes on Joyce’s share of the retirement benefits. The ba...
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Barry M. Perlin, the debtor in this bankruptcy case, appeals the district court’s order affirming the bankruptcy court’s determination that the debtor’s obligation under a divorce decree to pay his former spouse’s attorney fees and expert witness fees was part of a support obligation and thus was not dischargeable under 11 U.S.C. § 523(a)(5). Perlin argues on appeal that the plaintiffs— his former...
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32 F.3d 1360 31 Collier Bankr.Cas.2d 726, 25 Bankr.Ct.Dec. 1475,Bankr. L. Rep. P 75,988 Clarence L. HEDGES, Debtor, Patricia Hedges Beckett,Personal Representative for Clarence Lee Hedges, Appellant,v.RESOLUTION TRUST CORPORATION, as Receiver for GibraltarSavings, F.A., Successor-in-Interest to CathedralMortgage Company, Inc., a Californiacorporation, Appellee.In re Clarence L. HEDGES, De...
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This is an appeal of a “death penalty” sanction imposed by the district court on appellant R. David Legg. The district court struck Legg’s pleadings and stayed him from filing further pleadings in the action until he pays the more than $60,000 in sanctions previously entered against him. We AFFIRM. Facts and Procedural History This consolidated case arose from the 1985 bankruptcy ...
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MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The Court considers the motion of the Plaintiff, Herkimer County Trust Company (“HCT”), for summary judgment, filed in the within adversary proceeding, declaring that Mark Swimelar, Esq., in his capacity as Chapter 13 trustee (“Swimelar”) and Randy Sehaal, Esq., in his capacity as Chapter 7 trustee (“Sehaal”) (hereinafter...
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DECISION and ORDER This matter is before the court on CITATION FOR CONTEMPT (“Motion”), which was filed on September 14, 1992, by John Lee Penrod and Alyce Jean Penrod against Financial Institutions Liquidation Corporation fik/a Mutual Guaranty Corporation, Successor in Interest to the Clinton County Farm Bureau Cooperative Association Credit Union. The parties filed a Stipulation of ...
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MEMORANDUM OPINION This matter comes before the Court on the motion of the United States, on behalf of the Small Business Administration (“SBA”), for summary judgment on its Complaint to Determine the Extent, Validity and Priority of Liens and Interest in Property of the Estate. The Court has core jurisdiction pursuant to 28 U.S.C. §§ 157(b)(2)(E) and 1334. Upon consideration of the p...
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In this chapter 13 proceeding, an unsecured creditor challenges the priority which the Internal Revenue Service claims with respect to income taxes due for the 1988 and 1989 calendar years. At issue is whether the pendency of a prior bankruptcy proceeding served to toll the three year and 240 day priority periods as set forth in 11 U.S.C. § 507(a)(7)(A). John Eysenbach filed his present petitio...
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ORDER AFFIRMING DECISION OF BANKRUPTCY COURT This is an appeal by Appellant David G. Epstein, as the Legal Representative for the Piper Future Claimants, from the Order Sustaining Objection to Claim and Disallowing Legal Representative’s Proof of Claim entered on December 6, 1993 by Judge Robert A. Mark of the United States Bankruptcy Court for the Southern District of Florida. The so...
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MEMORANDUM OPINION IN SUPPORT OF ORDER VACATING PARTIAL SUMMARY JUDGMENT In an earlier opinion 1 this Court held that future potential claimants who may assert postconfirmation claims related to aircraft manufactured prepetition by Piper Aircraft Corporation (“Piper” or “Debtor”) do not hold “claims” under § 101(5) of the Bankruptcy Code (the “Code”). In this adversary proc...
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Opinion by Judge CANBY. ORDER The petition of appellees for rehearing is granted. The case is re-decided on the petition for rehearing, the response thereto, and the briefs and record previously filed in this court. The opinion of this court reported at 3 F.3d 306 is hereby withdrawn, and the attached opinion is hereby adopted. OPINION In this ease, we must decide whether bid-rigging and antitrus...
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Billie Vester Rasbury and Bill’s Forestry Service, Inc. (“Bill’s Forestry”), appeal from the district court’s denial of their motion under 26 U.S.C.A. § 7430 (1989) for recovery of costs and attorneys’ fees incurred in their successful defense of an Internal Revenue Service claim for federal withholding taxes, interest, and penalties in a bankruptcy proceeding. We hold that the applicable stand...
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27 F.3d 980 63 USLW 2018, 25 Bankr.Ct.Dec. 1307,Bankr. L. Rep. P 75,968 In re MAXWAY CORPORATION;In re Danners, Incorporated, Debtors.MAURICE SPORTING GOODS, INCORPORATED, Plaintiff-Appellant,v.MAXWAY CORPORATION, by and through their OFFICIAL COMMITTEEOF UNSECURED CREDITORS; Danners, Incorporated, byand through their Official Committee ofUnsecured Creditors,Defendants-Appellees. No....
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The United States of America, acting through its agency the Maritime Administration (“MARAD”), appeals a judgment of the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge), 162 B.R. 410 (S.D.N.Y.1993), which affirmed the order of the Bankruptcy Court (Cornelius Blackshear, Bankruptcy Judge), 132 B.R. 247 (Bankr.S.D.N.Y.1991), granting summa...
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Edsel and Frances T. Adams appeal the decision of the district court affirming the bankruptcy court’s denial of a discharge under 11 U.S.C. § 727(a)(2)(A) and (a)(2)(B), and imposition of a $686,227.14 money judgment, plus interest, in favor of Bar-clays/American Business Credit, Inc. The Adamses maintain, under Section 727, that they did not hinder or delay collection of their debt, and argue th...
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27 F.3d 374 63 USLW 2002, 31 Collier Bankr.Cas.2d 877,25 Bankr.Ct.Dec. 1255, Bankr. L. Rep. P 75,966 In re DAYS CALIFORNIA RIVERSIDE LIMITED PARTNERSHIP; DaysCalifornia La Palma Limited Partnership;Chesterfield Century City LimitedPartnership, Debtor.FINANCIAL SECURITY ASSURANCE, INC., Appellant,v.DAYS CALIFORNIA RIVERSIDE LIMITED PARTNERSHIP; DaysCalifornia La Palma Limited Partnership...
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Opinion by Judge HUG. In this case, we are asked to decide whether a trustee’s failure to pay the full amount of a debtor’s rent obligation, under a nonresidential real estate lease, for the period following the order for relief but prior to rejection of the lease, pursuant to 11 U.S.C. § 365(d)(3), gives rise to an administrative claim for the full amount of the rent accrued during that ...
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Opinion by Judge D.W. NELSON. Dr. Vincent Siragusa appeals from the district court’s judgment affirming the bankruptcy court’s dismissal of his complaint based on comity. The bankruptcy court dismissed the action because it already was being litigated in state court. We affirm. FACTUAL AND PROCEDURAL BACKGROUND After 15 years of marriage, Dr. Siragusa and Joanne Siragusa were divorced in 1983. I...
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This case requires us to decide whether an appeal challenging the bankruptcy court’s approval of a sale was rendered moot due to the appellants’ failure to obtain a stay in advance of the sale. At the appellants’ request, the bankruptcy court eventually did enter a stay pending appeal, but only after the sale had already been executed and after the time for appeal had expired. The district cour...
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MEMORANDUM OPINION AND ORDER Care Travel Co. Ltd. (“Care Travel”) appeals from a decision of the Bankruptcy Court of the Southern District of New York, (Cornelius Blackshear, J.) adjudicating rights in a fund representing a civil judgment against debtor-in-possession and appellee Pan American World Airways (“Pan Am”). BACKGROUND Care Travel is a British corporation that ente...
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MEMORANDUM DECISION On February 18, 1993, the debtor, Brickel Associates, Inc. (“Brickel”), filed for chapter *141 11 bankruptcy. Briekel listed Freight Based Customs Brokers, Inc. (“FBCB”), in its schedules as a creditor holding an unliquidat-ed claim for $15,091.86. While acting as a broker and customs service for Briekel, FBCB paid certain customs duties which were not reimbursed. FBCB fil...
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MEMORANDUM DECISION & ORDER This matter came before the court March 24, 1994 on plaintiffs Motion to Withdraw the Reference. Plaintiff was represented by Linda Jones of Anderson & Karrenberg. Martha Stonebrook, of Cohne, Rappaport & Segal, appeared for the defendant. After hearing oral argument, the court took the matter under advisement. Now being fully advised, the court issues the foll...
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MEMORANDUM OPINION AND ORDER Anthi Manousoff appeals from a decision of the Bankruptcy Court of the Southern District of New York, (Burton Lifland, J.) denying her application to have a late notice of claim deemed timely pursuant to Bankruptcy Rules 9006(b). BACKGROUND In October 1990, Manousoff commenced a personal injury action against R.H. Macy (“Macy’s” or “Debtor”) ...
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OPINION This case is before the Court on Snap On Credit’s Motion for Relief from the Automatic Stay, filed on April 28, 1994. The Court conducted a hearing on May 23, 1994, and upon review of the evidence presented and the parties’ memoranda, enters the following findings of fact and conclusions of law. Fed. R.Bankr.P. 7052. The Court has jurisdiction pursuant to 28 U.S.C. § 1334. FINDINGS ...
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We consider two technical but important questions of bankruptcy law: (1) Are state court findings that the debtor committed fraud and breach of fiduciary duty binding on the debtor in dischargeability proceedings? And, (2) does Bankruptcy Code section 523(a)(4) preclude discharge of punitive damages? A. Bugna and McArthur were business partners. Bugna, a licensed real estate broker, agreed...
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OPINION AND ORDER GRANTING MOTION OF COMMONWEALTH CONSTRUCTION CORPORATION, ET AL TO CONVERT CHAPTER 11 CASE TO CHAPTER 7 CASE AND DISMISSING UNITED STATES TRUSTEE’S MOTION TO APPOINT CHAPTER 11 TRUSTEE AS MOOT This matter is before the Court on the motion of Commonwealth Construction Corporation, Merit Plumbing, Inc., Country Construction, Inc., Transtar Electric, Inc., Active Building S...
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ORDER AFFIRMING BANKRUPTCY COURT This cause is before this Court on appeal from final judgment entered by the Bankruptcy Judge in favor of appellees. Jurisdiction is pursuant to 28 U.S.C. § 158(a). Chief Bankruptcy Judge Alexander L. Paskay entered Final Judgement on September 23, 1993. STANDARD OF APPELLATE REVIEW Findings of fact by the Bankruptcy Court will not be set asi...
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171 B.R. 79 (1994) In re GOLDEN TRIANGLE CAPITAL, INC., Debtor. GOLDEN MORTGAGE FUND # 14, a joint venture, Appellant, v. James KENNEDY, Trustee of Golden Triangle Capital, Inc., Appellee. BAP No. SC-92-1545-AsVO. Bankruptcy No. 91-05063-H7. Adv. No. 91-90441-H7. United States Bankruptcy Appellate Panel of the Ninth Circuit. Argued and Submitted November 17, 1993. Decided July 28, 1994. *80 Jean ...
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*66 ORDER DENYING DEBTOR’S REQUEST FOR TRIAL BY JURY This matter comes before the Court upon the request of the alleged Debtor, John S. McNaughton, for a Trial by Jury. An involuntary petition under 11 U.S.C. § 303 was filed against the alleged Debtor on July 18, 1994 by Rubins, Ease, Rubins, Cambiano & Bryant (Rubins). According to the petition, the alleged Debtor owes Rubin...
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MEMORANDUM OPINION This bankruptcy appeal arises from the pending Chapter 7 proceeding of Charles and Jeraine Larsen. Wesley B. Huisinga, United States Trustee, through Assistant United States Trustee Charles Nail, appeals the Bankruptcy Court’s holding that administrative expenses previously granted to David 0. Carter for legal services rendered on behalf of the debtors in prior bankruptcy pro...
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MEMORANDUM OPINION This matter comes on to be heard upon the cross motions for summary judgment filed by Larry K. Kelley and Carol N. Kelley (“Debtors”) and the Oklahoma Tax Commission (“OTC”) in regard to the dischargeability of sales taxes owed by Debtors to the OTC for the tax period 1987 to 1988. The parties agree there are no disputed facts and therefore one party is entitled to judgment a...
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DECISION AND ORDER In the case of In re Vecchio, 20 F.3d 555 (2d Cir.1994) (decided April 7, 1994), the Second Circuit Court of Appeals held that the bar date for claims set forth in Bankruptcy Rule 3002 is void as to priority claims in a Chapter 7 case because 11 U.S.C. § 726(a)(1) does not distinguish between timely filed priority claims and untimely priority claims. Bec...
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MEMORANDUM OF DECISION This proceeding arises, on cross motions for summary judgment filed by plaintiff D. Christopher Ward, the appointed Chapter 7 trustee (“trustee”) and defendant Communications Data Services, Inc., an Iowa corporation (“CDS”). Plaintiffs motion is denied and defendant’s motion is granted. The complaint was filed inter alia to invalidate defendant’s Iowa statutory artisan’s lie...
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MEMORANDUM DECISION Ralph Boldt, Chapter 7 Trustee, filed a Notice of Intent to Distribute Estate which included fees for paraprofessional services and certain costs for case file storage. The United States Trustee opposes the distribution, stating that the Chapter 7 Trustee may not receive compensation over the statutory cap of 11 U.S.C. § 326(a) even if the duties were performed by a paraprof...
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MEMORANDUM-OPINION This action is brought by the Chapter 7 Trustee of Transport Associates, Inc. (“Trustee”) against Jackson Oil Company (“Jackson”) to avoid as preferential transfers a total of $148,209.58 transferred by Transport Associates to Jackson in payment for petroleum products. This matter is presently before the Court on Jackson’s Motion for Summary Judgment. Jackson advances t...
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MEMORANDUM OPINION AND DECISION This cause comes before the Court on Plaintiffs Complaint to Avoid Preferential Transfer and Defendants Answer. The parties agreed to submit written arguments and stipulations. The Court has reviewed the written arguments of Counsel, Briefs, all correspondences and exhibits, as well as the entire record in the case. Based on that review and for the following reaso...
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MEMORANDUM OF DECISION I Plaintiffs are debenture holders asserting claims against debtors in the approximate amount of $90 million. Under the terms of a Chapter 11 reorganization plan confirmed on June 16, 1993, Circle K was sold to CK Acquisitions Corporation for $399.5 million in cash. CK Acquisitions Corporation was controlled by an investment entity known as Investcorp. In ...
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MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION TO LIFT STAY AND FINDING THE DEBT NON-DISCHARGEABLE PURSUANT TO 11 U.S.C. § 523(a)(6) This matter is before the Court on Plaintiffs’ Motion to Lift Automatic Stay regarding the execution on a default judgment which was obtained in Berrien County Circuit Court on September 28, 1993. On November 25, 1992 this Court granted the Plaintiffs’ M...
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I. INTRODUCTION This ease involves the question whether the Bankruptcy Appellate Panel (“BAP”) properly directed that a bankruptcy court order be dismissed for lack of jurisdiction. The BAP held that (i) the bankruptcy court lacked jurisdiction to turn over the sale proceeds of the debtor’s homestead property to his ex-wife’s lawyer, but that (ii) it was nevertheless proper for the lawyer to ke...
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DECISION ON TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION Donald J. Orkin (“debtor”) was the sole proprietor of a real estate business. On June 22, 1992, he established the Donald J. Orkin Retirement Plan (the “Plan”). In the same month he transferred $271,000 into the Plan, representing the proceeds of an individual retirement account (“IRA”). Under the terms of the Plan, debtor...
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DECISION ON MOTION FOR SUMMARY JUDGMENT This matter is before this Court pursuant to an adversary proceeding commenced by the Official Committee of Unsecured Creditors of Interstate Cigar Co. (the “Committee,” or “Plaintiff’) seeking to recover certain accounts receivable from the Defendants, Sidney, Joel, and Gary Spielfogel (the “Defendants”). The Defendants have made a motion for summary jud...
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In the present proceeding the Court is asked (1) whether certain leases of real estate were duly terminated according to their terms before the filing of the Debtor/tenant’s Chapter 11 Petition, and (2) if they were so terminated, what are the legal consequences thereof relative to the Chapter 11 reorganization effort. The Court is of the view that since “termination” of a lease has no meaning ...
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AMENDED ABSTRACT OF BENCH RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Big Yank Corporation (“Big Yank” or “Debtor”) seeks to avoid Bank One, Lexington N.A.’s (“Bank One”) alleged interest under a certain mortgage (the “Mortgage”) in the Debtor’s Lexington, Kentucky warehouse and distribution center (the “Property”). Bank One, within ninety days prior to the filing of the Debtor’s chapter 11 pe...
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MEMORANDUM OPINION DISMISSING CASE WITHOUT PREJUDICE Background This matter is before the Court upon remand to this Court for the narrow purpose of determining whether the debtor’s action in the case resulted in unreasonable delay in the distribution of assets for this ease and if so whether this chapter 7 case should be dismissed with or without prejudice. On February 1, 199...
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MEMORANDUM OPINION In his capacity as former Chapter 7 trustee, Sherman B. Lubman (“The Trustee”) brings this matter before the Court on a motion to reopen the Chapter 7 case of D. Kenneth Winebrenner and Maruta Wine-brenner (“The Debtors”). Upon consideration of the motion, response to the motion, arguments of counsel, evidence presented at the February 10, 1994 hearing, and briefs submitted...
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MEMORANDUM OF DECISION This case is before the court for confirmation of Mary Lewis’ Chapter 13 plan. Because of the recurring nature of the issue presented, 1 the Bankruptcy Bar Association for the District of Maryland (“BBA”) was invited to select persons to file amicus curiae briefs. An amicus brief was filed by James M. Hoffman, Esquire, and Gregory P. Johnson, Esquire, at the request...
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PRELIMINARY DECISION ON MOTION FOR RELIEF FROM STAY Haymarket Cooperative Bank (“Haymark-et”) seeks relief from the automatic stay so that it may foreclose on property mortgaged to it by Debtor. At the preliminary hearing it was agreed that I would first determine the efficacy of the waiver granted by Debtor to Haymarket pre-petition, as that issue may be determinative. If it should p...
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29 F.3d 95 31 Collier Bankr.Cas.2d 1085, 25 Bankr.Ct.Dec. 1445,Bankr. L. Rep. P 75,987 In re 680 FIFTH AVENUE ASSOCIATES, and 54th and Fifth LandPartners, Debtors.680 FIFTH AVENUE ASSOCIATES, and 54th and Fifth LandPartners, Plaintiffs-Appellants,v.The MUTUAL BENEFIT LIFE INSURANCE COMPANY IN REHABILITATION,Defendant-Appellee. No. 1337, Docket 93-5107. United States Court of Appea...
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29 F.3d 88 31 Collier Bankr.Cas.2d 1090, 25 Bankr.Ct.Dec. 1440,Bankr. L. Rep. P 75,986 In re The LIONEL CORPORATION and Lionel Leisure, Inc., Debtors.Murray KLEIN, Stanley Zabar, and Saul Zabar, as Tenants inCommon, Plaintiffs-Appellees,v.CIVALE & TROVATO, INC., Defendant-Appellant,Lionel Leisure, Inc., Defendant-Appellee,J. United Electrical Contracting Corp., Defendant. No. 1235...
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Delbert and Ethel Barnes (Creditors) appeal the district court’s order affirming the bankruptcy court’s confirmation of the Chapter 13 Plan of Reorganization of Lance C. and Virginia R. Barnes (Debtors). The Creditors argue that the plan’s failure to comply with 11 U.S.C. §§ 1325(a)(5)(B)(ii) and 1322(c) required the bankruptcy court to deny confirmation. We agree and we reverse. FACTS The De...
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On this appeal we address the question of whether a cable television franchise agreement between a debtor and non-debtor may be • assumed by that debtor as debtor in possession over the non-debtor’s objection under 11 U.S.C. § 365(c)(1). We conclude that such an assumption is permissible. I. BACKGROUND In March of 1977, the City of Jamestown, Tennessee (the “City”), granted Clarence R...
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MEMORANDUM OPINION The matter before the court is the Motion of Artra Group, Inc. (“Artra”) to Abstain and Remand its First Amended Complaint (“Complaint”) to the Illinois State Court in DuPage County. The above named Defendants contest this motion, asserting that Ar-tra’s Complaint is properly before the court. For the reasons stated below, the court remands Counts I through IV of Artra’...
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32 F.3d 1370 63 USLW 2163, 31 Collier Bankr.Cas.2d 1136,Bankr. L. Rep. P 76,029 In re UNITED STATES TRUSTEE.Anthony G. SOUSA, U.S. Trustee, Appellee,v.Paul Anthony MIGUEL, Patricia Ann Miguel, dba Miguel DairySystems, et al., and Michael D. McGranahan,Chapter 7 Trustee, Appellant. No. 92-16496. United States Court of Appeals,Ninth Circuit. Argued and Submitted Jan. 14, 1994.De...
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MEMORANDUM OPINION On October 5, 1992, John Coleridge Schleifer (“Debtor”) obtained a Chapter 7 discharge pursuant to Section 727 of the Bankruptcy Code (Title 11, United States Cpde). Debtor’s case was closed on October 6,1992. Pending before the court is a pro se motion by the debtor to reopen the bankruptcy case to determine the dischargeability of certain debts. For the...
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OPINION Debtors Robert and Dawn Short seek to avoid the hen of American General Finance, Inc. (“American”) as a nonpossessory, non-purchase money security interest impairing an exemption claimed by them in household goods. See 11 U.S.C. § 522(f)(2). American objects that its hen is a purchase money security interest not subject to avoidance under § 522(f)(2) and that its hen retained this s...
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Robert Galloway (“Trustee”), Trustee for Wesley Industries, Inc. (“Debtor”), appeals the district court’s denial of his request to void and recover a transfer that Debtor made from its cash collateral account to First Alabama Bank (“First Alabama”) between 90 days and one year prior to Debtor’s filing for bankruptcy. First Alabama cross-appeals the lower court’s decision granting the Trustee’s ...
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Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge POOLE. I. Facts In 1979, debtor Victoria Farms, Inc. (“Victoria Farms”) mortgaged its farm to Equitable Life Assurance Society of the United States (“Equitable”). See S.E.R. tab 1, Ex. A, at 7. The mortgage took the form of a “deed of trust,” which simply granted Equitable a lien on the property. In return, Victoria Farm...
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*1020 ORDER Steven Wayne Koeller filed his petition for rehabilitation under Chapter 13 on December 17, 1991. He converted to Chapter 7 on November 1, 1993. Among the assets he listed was a rental house at 6200 South Wal-rond, Kansas City, Missouri. The Chapter 7 Trustee and the first lien holder initially felt there was value in this property, but subsequently the Trustee re...
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This appeal marks the third time we have addressed issues arising out of Pettibone Corporation’s bankruptcy. See Pettibone Corp. v. Easley, 935 F.2d 120 (1991); Moser v. Universal Engineering Corp., 11 F.3d 720 (1993). At least one more appeal is pending before another panel. This go-’round presents interesting questions about the interaction of the Internal Revenue Code a...
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In this case, we consider issues arising from chapter 11 debtor Acequia, Inc.’s ten-year effort to recover certain prebankruptcy conveyances made to Vernon Clinton, founder and former controlling shareholder of the corporation. Clinton appeals the magistrate judge’s determination that he fraudulently transferred Acequia’s assets to himself. Acequia, now under the control of adverse parties, cross-...
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33 F.3d 294 63 USLW 2167, 25 Bankr.Ct.Dec. 1725,Bankr. L. Rep. P 76,073 In re COLUMBIA GAS SYSTEMS INC. Columbia Gas TransmissionCorporation, Debtors,U.S. TRUSTEE,v.COLUMBIA GAS SYSTEMS INC. Columbia Gas Transmission CorporationThomas E. Ross, TrusteeOfficial Committee of Unsecured Creditors of the ColumbiaGas System, Inc.; The Official Committee ofEquity Security Holders of the Columbia...
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OPINION OF THE COURT Debtor Dominick Conte, a New Jersey lawyer and the defendant in this case, appeals from a district court order affirming a bankruptcy court order that Conte’s debt to plaintiffs Urmila and Narinder Gautam arising from a jury verdict against him in a legal malpractice action was not dischargeable. The bankruptcy court held that the debt was not dischargeable because th...
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32 F.3d 1302 63 USLW 2198, Bankr. L. Rep. P 76,044 Dennis WHETZAL, Chapter 7 Trustee; Estate of Carl V. Gull;Estate of Eunice I. Gull, Plaintiffs-Appellees,v.L.D. ALDERSON, Defendant,Office of Personnel Management, Appellant.ESTATE OF Carl V. GULL; Estate of Eunice I. Gull; DennisWhetzal, Plaintiffs-Appellees,v.OFFICE OF PERSONNEL MANAGEMENT, Defendant-Appellant.Dennis WHETZAL, Chapte...
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Broken Bow Ranch, Inc., a South Dakota farming corporation (Broken Bow or Debt- or), appeals the district court’s1 affirmance of a bankruptcy court2 order denying Debtor a discharge in bankruptcy unless it pays $81,862 in “disposable income” to its unsecured creditors. See 11 U.S.C. §§ 1225(b), 1228(a). Concluding that we have jurisdiction to review this final bankruptcy order and that the bankrup...
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30 F.3d 1319 63 USLW 2131, 25 Bankr.Ct.Dec. 1488 William M. GRAY, Trustee for the Northwest ExplorationCompany Creditors Limited Liability Trust,Plaintiff-Appellant,v.Thomas E. ENGLISH, Daniel M. Bell, and Basco, Ltd., Defendants,andEnglish, Jones & Faulkner, Defendant-Appellee. No. 93-5046. United States Court of Appeals, Tenth Circuit. July 25, 1994. Andrew R. ...
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36 F.3d 825 31 Collier Bankr.Cas.2d 1285, 30 Fed.R.Serv.3d 585,Bankr. L. Rep. P 76,093 In re Carol Freeman MARSCH, Debtor (Two Cases).John D. MARSCH, Claimant-Appellant,v.Carol F. MARSCH, Respondent-Appellee (Two Cases). Nos. 92-56442, 92-56443. United States Court of Appeals,Ninth Circuit. Argued and Submitted May 2, 1994.Decided Sept. 14, 1994. Michael L. Sandford...
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MEMORANDUM DECISION Robert and Jacqueline Page, husband and wife, worked farmland in Columbia County as tenants of Dale Zander (“Zander”). During the summer and fall of 1992, crops on that land were damaged by deer. On June 1, 1993, a judgment for eviction and money damages in the amount of $6,775 was entered against the Pages in favor of Zander. After being given notice of eviction by Za...
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ORDER DENYING DEBTOR’S MOTION FOR ORDER AUTHORIZING ASSUMPTION AND ASSIGNMENT OF LEASE AND SUBLEASE FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS (STORE NO. 4100) AND SETTLEMENT OF SB PARTNERSHIP’S CLAIMS This matter is before the Court on the motion filed by Food Barn Stores, Inc. (Food Barn) on June 23, 1994, for an Order Authorizing Assumption and Assignment of Lease and ...
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171 B.R. 345 (1994) In re Tracy Ann RIDDER, Debtor. Tracy Ann RIDDER, Plaintiff, v. GREAT LAKES HIGHER EDUCATION CORPORATION, Defendant. Bankruptcy No. LM13-91-00850. Adv. No. 93-2442-13. United States Bankruptcy Court, W.D. Wisconsin. August 12, 1994. Melvyn L. Hoffman, Hoffman, Addis & Brandau, La Crosse, WI, for debtor/plaintiff. Lloyd J. Blaney, Madison, WI, for defendant. MEMORANDUM DEC...
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Opinion by Judge HILL. In this opinion we hold that bankruptcy debtors may claim the California homestead exemption. We reverse a district court decision which held to the contrary. FACTS William H. Pladson and Barbara J.P. Snethen, a married couple residing together, filed a joint Chapter 7 bankruptcy petition which claimed a homestead exemption of $52,000 in their residence. John Kendall, the co...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court upon the Motions for Summary Judgment filed by the Defendant and Plaintiff. The Court has reviewed the written arguments of Counsel, supporting memoranda, and exhibits, as well as the entire record in the case. Based upon that review, and for the following reasons, this Court finds that the Plaintiffs Motion for Summary Judgment s...
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DECISION The Plaintiff, Citibank, N.A. (hereinafter “Citibank”), commenced an adversary proceeding against the debtor/defendant, Claude Emery (hereinafter “Debtor/Defendant”), to revoke the Debtor/Defendant’s discharge pursuant to 11 U.S.C. § 727(d)(1) and Bankruptcy Rules 7001(1) and (4), on the grounds that the Debtor/Defendant procured his discharge through fraud. (Fed.R.Bankr.P. i...
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Sinclair Oil Corporation (Sinclair) appeals from a judgment of the district court 1 upholding a decision of the bankruptcy court 2 dismissing its complaint for a declaration of nondischargeability of a debt in the bankruptcy proceeding of Larry H. Jones. We affirm. Jones was the president and sole shareholder of Eudy Oil Company (Eudy) and Roberts Oil Company (Roberts), which were in the wh...
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Charles Simpson Christopher was sued by Sequa Corporation and Chromalloy American Corporation in New York state court in early 1989. At the time the suit was filed, the plaintiffs had actual knowledge that Christopher had earlier filed for Chapter 11 bankruptcy. His plan of reorganization was confirmed in August 1989. Christopher later brought an adversary proceeding against Se-qua Corporation ...
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Wayne Drewes, the trustee for the bankruptcy estate of Barry and Linda Sehonteich, appeals the district court’s 1 order affirming the bankruptcy court’s 2 denial of his motion to turnover certain monthly payments that Linda was receiving. We affirm. I. BACKGROUND Linda Sehonteich served as a live-in companion and caretaker for an elderly man, Joseph Bloom. Bloom ...
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171 B.R. 321 (1994) In re Anna M. BUTLER, Debtor. Anna M. BUTLER, Plaintiff, v. William LEJCAR, Defendant. Bankruptcy No. 94 B 09039. Adv. No. 94 A 00880. United States Bankruptcy Court, N.D. Illinois, Eastern Division. August 16, 1994. *322 Marshall A. Levin, Chicago, IL, for debtor/plaintiff. Jonathan L. Smith, Balin Smith and Associates, Chicago, IL, for defendant. MEMORANDUM OPINION JACK B. ...
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The Associates Commercial Corporation (“ACC”) appeals the district court’s confirmation of a reorganization plan under chapter 13 of the Bankruptcy Code (the “code”). Because the district court erred as a matter of law in calculating the value of ACC’s secured claim under 11 U.S.C. § 506(a), we reverse. I. A. On March 30, 1989, Elray and Jean E. Rash 1 purchased a comm...
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This case requires us to untangle a knot that each party has played a role in tying. The appellant and debtor in the underlying bankruptcy case, Thomas Edward Coggin (“Coggin”), appeals the district court’s affir-mance of the decision of the bankruptcy *1445court. The bankruptcy court held that it had jurisdiction over the challenges to Coggin’s discharge. The challenges were filed after the statu...
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I. INTRODUCTION In this case of first impression, we address the propriety of substantive consolidation of the estates of debtors who are spouses. This appeal arises from the district court’s affir-mance of the bankruptcy court’s order substantively consolidating estate of debtor Ida V. Reider with that of her husband. For the reasons that follow, we reverse the judgment of the district co...
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This case, of first impression in any circuit, turns on whether license fees, paid by a licensee for the use of technology, patents, and proprietary rights, are “royalties” within the meaning of 11 U.S.C. § 365(n)(2)(B) and, as such, must continue to be paid after the licensor in bankruptcy has exercised its statutory right to reject the contract. FACTS With slight alterations we adopt the ...
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Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge WILKINSON and Senior Judge CHAPMAN, joined. OPINION Edward Claughton, Jr. (“debtor”) appeals the district court’s order affirming the decision of the bankruptcy court to grant Beverly Mixson (“Mixson”), the debtor’s former wife, relief from the automatic stay provision of 11 U.S.C. § 362(a) and allow funds from the...
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The United States appeals the district court’s decision (1) affirming a bankruptcy court order directing payment of an outstanding Claims Court judgment owed to chapter 7 debtor Cascade Roads, Inc.; (2) upholding a bankruptcy court award of sanctions against the government for willful violation of the automatic stay; and (3) granting attorneys’ fees and costs to Cascade for its appeal from the ...
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Bankruptcy trustee Robert Allen (“the Trustee”) appeals from the district court’s ruling that debtor Lois Imogene Green exempted the full value of a personal injury lawsuit from her bankruptcy estate. We affirm. I. BACKGROUND Green filed a petition for Chapter 7 bankruptcy protection in February 1991. As part of her petition, Green submitted both a schedule of personal property and a ...
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MEMORANDUM OPINION This adversary proceeding was brought by the Debtor, PBR Communications Systems, Inc. (“Debtor”), to determine the validity of the claim of Jefferson Bank (the “Bank”) against the proceeds generated from the sale of the Debtor’s assets. The Bank seeks entry of a summary judgment determining that it has a valid and perfected security interest in the sale proceeds inc...
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MEMORANDUM OPINION FACTS AND BACKGROUND This matter is before the Court on the defendant’s motion for summary judgment of dismissal of the plaintiffs preference action. The primary issue, one of first impression in this District, is whether the debtor may pursue preference claims posteonfirmation, where the plan contains no reservation of rights or retention of jurisdiction to pr...
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MEMORANDUM DECISION What is a law-abiding bank to do? It obeyed state law and froze $541 when served with a facially valid writ of execution. Now the debtor demands that the bank pay $10,-000 in punitive damages on the theory that honoring a writ of execution violated the bankruptcy discharge injunction with respect to a debt that the debtors had intentionally omitted from their bankruptc...
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OPINION AND ORDER SUSTAINING LAWRENCE D. HIRSCH’S OBJECTION TO PROPOSED DISTRIBUTION OF THE CHAPTER 7 ESTATE This matter is before the Court pursuant to the Hirsch Law Office’s Objection filed by Lawrence D. Hirsch to the Proposed Distribution of the Chapter 7 Estate. A hearing was held August 30, 1994 and arguments were presented on this matter after which the matter was taken under advi...
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DECISION ON MOTION TO REJECT EXECUTORY LICENSING AGREEMENT INTRODUCTION Chapter 11 debtor G. Licensing, Ltd., formerly known as Gitano Licensing, Ltd., with *756 the support of the Official Committee of Unsecured Creditors (the “Committee”), moves 1 to reject a certain executory license agreement (the “License”) with the John Forsyth Company, Inc. (“Forsyt...
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DECISION RE MOTION OF SECRETARY OF HEALTH AND HUMAN SERVICES RIGHT TO RECOUP The Secretary of Health and Human Services (“Secretary”) has filed a motion requesting that the court affirm his right to make recoupment under a Health Insurance Benefits Agreement (“Provider Agreement”) with the Debtor and in the alternative, if this court deems it necessary, to grant the Secretary relief f...
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ORDER ON SUMMARY JUDGMENT MOTION This adversary proceeding came before this Court on June 14, 1994, on a pretrial hearing on the Amended Complaint filed by the plaintiff on January 20, 1994 (Court Doc. No. 42), as well as a Motion for Summary Judgment filed by the defendants on May 13, 1994 (Court Doc. No. 48). The Court heard extensive argument on the defendants’ Motion for Summary J...
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This appeal requires the Court to determine the commencement date of the period of nondischargeability imposed by 11 U.S.C. § 523(a)(8)(A), for student loans, where the original loans have been superseded by a consolidation loan obtained pursuant to 20 U.S.C. § 1078-3. Section 523(a)(8)(A) provides that an individual debtor shall not be discharged from any debt “for an educational loan made, in...
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The appellant, Randy Depoister, is the debtor in the underlying bankruptcy proceeding from which this appeal stems. He appeals the judgment of the district court *584affirming the bankruptcy court’s approval of the trustee’s settlement of the claims made against the bankruptcy estate by the Mary Holloway Foundation [“Foundation”]. Mr. Depoister • maintains that approval of the compromise was impro...
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36 F.3d 484 63 USLW 2274, 26 Bankr.Ct.Dec. 56, Bankr.L. Rep. P 76,100 In re SUBURBAN MOTOR FREIGHT, INC., Debtor.OHIO BUREAU OF WORKERS' COMPENSATION, Plaintiff-Appellant,v.Stephen K. YODER, Trustee for Suburban Motor Freight, Inc.,Defendant-Appellee. No. 93-3920. United States Court of Appeals,Sixth Circuit. Argued Aug. 8, 1994.Decided Sept. 21, 1994. 1 Grego...
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In this bankruptcy case we must determine at what stage in garnishment proceed *494 ings under Ohio law a “transfer” takes place for purposes of 11 U.S.C. § 547(b), which permits a trustee in bankruptcy to avoid transfers of interests in a debtor’s property made within 90 days before the date of filing a petition, in bankruptcy. I. A. The parties filed a stipulation ...
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ORDER This matter is currently before the court on the defendant’s motion for summary judgment in this adversary proceeding by the trustee to avoid an allegedly preferential payment to the defendant. The court heard argument from counsel on February 25, 1994. For the reasons set forth below, the defendant’s motion for summary judgment is denied. Summary judgment is appropriate “if th...
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ORDER ON OBJECTION TO EXEMPTIONS THIS is a Chapter 7 liquidation case and the matter before the Court is the second aspect of an Objection to Claim of Exemptions, filed by Village of Cross Keys, Inc. (Cross Keys), a creditor of John and Rhoda Snape (Debtors). Cross Keys in its Objection initially urged two grounds based on which, according to Cross Keys, the Debtors are not entitled to re...
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ORDER GRANTING DEBTOR’S APPEAL FROM BANKRUPTCY COURT’S JANUARY 21, 1994 ORDER LIFTING STAY TO ALLOW SECURED CREDITORS TO FORECLOSE ON REAL PROPERTY On January 21, 1994, the bankruptcy court entered an order lifting the automatic stay in debtor’s Chapter 7 bankruptcy action, thereby allowing the secured creditors to foreclose on a parcel of real property known as the east of section 33 and the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before the Court upon motion of Osprey International, Ltd. (“Osprey”) to permit election of stock. The Court held a hearing on the motion on March 17, 1994. Upon the evidence presented, the Court enters these findings of fact and conclusions of law: Findings of Fact Osprey filed an -unsecured claim in the amount of $198,382.21. Debt...
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MEMORANDUM OF DECISION AND ORDER ON MOTION TO DISMISS CASE I. INTRODUCTION In this contested matter the Movant, People’s Bank (hereinafter “People’s”), seeks to have dismissed the pending Chapter 13 case of Alan A. Winder and Ruth Winder (hereinafter “Debtors”) on the basis of the Debtors’ alleged ineligibility for relief under Chapter 13 pursuant to 11 U.S.C. § 109(e). Specifically,...
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DECISION ON MOTIONS TO DISMISS ADVERSARY PROCEEDINGS These proceedings, two of fourteen adversary proceedings commenced on February 15, 1994 by the Chapter 7 Trustee in bankruptcy of Ted A. Petras Furs, Inc. (“Debt- or”), were filed to recover alleged preferential transfers pursuant to section 547 of the Bankruptcy Code (“Code”) and Rule 7001(1) of the Federal Rules of Bankruptcy Proc...
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OPINION Richard Bracey (“Bracey”), a former chapter 7 debtor, appeals an order of the bankruptcy court holding that the appellee, the California Franchise Tax Board (“FTB”) did not violate the discharge injunction provisions of section 524 by attempting to collect delinquent prepetition taxes. The issue centers on whether the taxes were discharged in Braeey’s chapter 7 case. For the r...
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OPINION A secured creditor filed a motion for relief from the automatic stay under § 362(d)(1) and (2). 2 Since there was no equity in the property and the debtor’s plan was uncon-firmable as a matter of law, the bankruptcy court granted the motion for relief under § 362(d)(2). The debtor appeals. We AFFIRM. I. FACTS The debtor/appellant, Sun Valley Newspaper, Inc...
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DECISION ON OBJECTION TO CLAIMED EXEMPTIONS Richard E. O’Connell, Esq., the Chapter 7 Trustee (hereinafter “Trustee”) filed an objection to the claim of Robert L. Taft (hereinafter “Debtor”), of an exemption of $55,000 in his Simplified Employee Pension (hereinafter “TCC SEP”) and $3,400 in the Debtor’s Individual Retirement Account (hereinafter “TCC IRA”). Since the Debtor did not op...
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ORDER Before the court is plaintiff’s motion to amend complaint. In the original complaint, plaintiff seeks to avoid and recover preferential transfers in the amount of $198,597.08. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F). The court will grant plaintiffs motion. FACTS On February 13, 1992, National Steel Service Center, Inc. (“NSSC”) filed f...
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170 B.R. 984 (1994) In re BLOOMINGDALE PARTNERS, an Illinois limited partnership, Debtor. Bankruptcy No. 91 B 11678. United States Bankruptcy Court, N.D. Illinois, Eastern Division. August 15, 1994. *985 *986 Douglas J. Lipke, Robert J. Patton, Vedder, Price, Kaufman & Kammholz, Norman B. Berger, James T. Markus, James L. Lucari, Holleb & Coff, Chicago, IL, for debtor. Philip V. Martino, ...
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In this case of first impression, plaintiff, the United States of America, appeals the judgment of the district court declaring its action against representatives of an entity-indebted to the United States barred by a six year statute of limitations. On appeal, the issue is whether the United States brought a timely action against the debtor’s representatives under the federal priority statute,...
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This is an appeal from a district court’s order affirming the bankruptcy court in its holding that a trustee may not sell a debtor’s land free of a reciprocal land covenant executed in favor of her neighbor’s property. We affirm. I. Background Kathleen Sue Hiles (“Debtor”) owns property in Scherville, Indiana, within a residential subdivision known as Lincoln Knolls Estates (“Lincoln”...
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33 F.3d 509 63 USLW 2203, 26 Bankr.Ct.Dec. 86, Bankr.L. Rep. P 76,121,18 Employee Benefits Cas. 1993 In the Matter of ESCO MANUFACTURING CO., Debtor.PENSION BENEFIT GUARANTEE CORP., Appellee,v.Gregg PRITCHARD, Trustee in Bankruptcy For EscoManufacturing, Co., Appellant. No. 93-1681. United States Court of Appeals,Fifth Circuit. Sept. 29, 1994. William F. LePage, Ter...
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36 F.3d 996 74 A.F.T.R.2d 94-6634, 63 USLW 2291,26 Bankr.Ct.Dec. 132,Bankr. L. Rep. P 76,120 In re TANAKA BROTHERS FARMS, INC., Debtor,UNITED STATES of America, and its agency the InternalRevenue Service, Appellant,v.Andrea S. BERGER, Trustee; Boulder Creek Farms, Inc., Appellees. No. 93-1211. United States Court of Appeals,Tenth Circuit. Oct. 3, 1994. Christine A....
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35 F.3d 190 63 USLW 2291, 26 Bankr.Ct.Dec. 127, Bankr.L. Rep. P 76,122 In re Raymond CLAY and Scott Clay, d/b/a The Emporium, Petitioners. No. 94-50507. United States Court of Appeals,Fifth Circuit. Oct. 3, 1994. Harrel L. Davis, III, Mounce & Galatzan, El Paso, TX, for petitioners. H. Christopher Mott, Krafsur, Gordon, Mott, Sanders & Miranda, El Paso...
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George C. Montgomery appeals from an order of the district court 1 affirming the section 109(g) dismissal of his second bankruptcy petition. We affirm. I. BACKGROUND On March 24, 1992, Montgomery filed for bankruptcy protection under Chapter 13 of the Bankruptcy Code. The case was dismissed on June 8,1992, because Montgomery did not attend a section 341 creditors meeting. O...
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OPINION BayBank asserts it lacks adequate protection of its security interest in rents from four commercial properties included under its mortgages and rent assignments. It moves for an order requiring G. Burton Mullen (the “Debtor”) to turn over to it all “net rents” (after expenses). Alternatively, BayBank requests an order requiring the Debtor to “segregate” the monthly net rents, ...
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In this farm bankruptcy case, we must determine if Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1201-1231, compels a bankruptcy judge to extend the repayment of a secured tax debt beyond the three year duration of the debtors’ reorganization plan. The bankruptcy judge below determined that the debtors, Thomas and LaVonna Fortney, should satisfy their $18,569.76 tax obligation to Vernon Count...
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After Faye Lloyd filed for bankruptcy under Chapter 7 of the Bankruptcy Code, the bankruptcy court approved the sale of Lloyd’s real estate, pursuant to 11 U.S.C. § 363, and reserved three acres for Lloyd under the “homestead exemption.” Lloyd appeals from the order authorizing the sale of the property and challenges several findings made by the bankruptcy court during the course of proceedings t...
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MEMORANDUM DECISION ON APPEAL This is a consolidated appeal from the following orders of the bankruptcy court: (1) August 22, 1991 order rejecting the class proof of claim filed by class representatives, Saul Jones, Amtax Company, Inc., Michael Malone and Arlene Gayl (“Appellants”), on behalf of themselves and a certified class of purchasers of securities of Amdura Corporation (“Amdura”);...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on (1) Tracy Elizabeth Anderson’s Motion to Confirm filed December 22,1992; (2) Geneva Joann Maloney’s Second Submitted Motion to Confirm filed December 22, 1992; and (3) Thomas Lee Smith’s Motion to Confirm filed February 26, 1993. The Court, having re *228 viewed the applicable files and being advised in the premises, makes the...
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