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All Reporters → collier-bankr-cas-2d → Volume 77

Opinions in collier-bankr-cas-2d Volume 77

ORDER GRANTING DEFENDANTS JAMES B. NUTTER & CO. AND SUBSTITUTE TRUSTEE SERVICES, INC.’S MOTION TO DISMISS (DOC. NO. 7), DENYING PLAINTIFFS’ MOTION TO JOIN CHAPTER 13 TRUSTEE AS PLAINTIFF (DOC. NO. 12), AND DISMISSING COMPLAINT IN ITS ENTIRETY THIS MATTER is before the court on the Motion to Dismiss Plaintiffs’ Complaint for Avoidance of Transfers and Recover Preference Pursuant to 11 U.S.C. 547, ...
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*162Re: D.I. 936, 1249 OPINION INTRODUCTION The issue at hand is this: are claims of Membership Unit Purchasers to be subordinated pursuant to section 510(b) of the Bankruptcy Code because they are or are not securities of the Debtors or an affiliate of the Debtors? The Court will deny subordination and therefore overrule certain of the claims objections under the circumstances presented. Before t...
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United States Court of Appeals for the Federal Circuit ______________________ DENNIS W. COGBURN, Claimant-Appellant v. ROBERT A. MCDONALD, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________ 2014-7130 _______...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Creditor Kentucky Housing Corporation’s Objection to Confirmation [ECF No. 20] of the Debtor’s proposed Chapter 13 Plan [ECF No. 12]. For the reasons stated more fully below, the Creditor’s Objection to Confirmation is sustained and the Debt- or shall have 14 days to file an amended plan in conformity with this Order. I. RELEVANT...
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Case: 15-11923 Date Filed: 01/05/2017 Page: 1 of 19 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Nos. 15-11923 & 15-90007 D.C. Docket No. 11-01999-AJC BARBARA WORTLEY, RICHARD 1. CLARK, LIBERTY ASSOCIA...
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DECISION AND ORDER ON MOTION TO DISMISS OF RHODE ISLAND DIVISION OF TAXATION The Rhode Island Division of Taxation (“Division”) moves to dismiss plaintiff-debtor Jason Boudreau’s adversary proceeding in which he seeks a declaration that the claims of each of the defendants are dischargeable in accordance with 11 U.S.C. § 727.1 Doc. #20. Mr. Boudreau is proceeding pro se in this matter. This Decis...
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DECISION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO CONFIRMATION The issue is whether veterans’ disability benefits (“VA Benefits”) must be included in a debtor’s disposable income for payment to creditors under a Chapter 13 plan. The Debtors filed a Chapter 13 petition on July 20, 2016. The Trustee objected to confirmation under 11 U.S.C. § 1325(b)(1)(B), contending that the Debtors’ plan .does ...
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*452Memorandum-Decision and Order Granting Plaintiff Summary Judgment on Count Two United States of America, Tax Division, acting through the Office of the United States Attorney on behalf of the Internal Revenue Service (“Government”), filed this adversary proceeding in which it seeks: (i) denial of Debtor Robert V. Case’s discharge based on his alleged failure to disclose his interests in perso...
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OPINION This matter is before the Court on a motion filed by the chapter 7 trustee for turnover of any post-petition voluntary separation incentive payments (“VSI payments”) payable to the debtor from the U.S. Department of Defense. The debtor opposes the motion on the basis that such payments are excluded from the bankruptcy estate under 11 U.S.C. §§ 541(a)(6) or 541(c)(2). Alternatively, the de...
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ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY This cause came before the Court on December 13, 2016, for a final hearing on the Motion for Relief from the Automatic Stay and Request for Interim Hearing Under Section S62(e) of the Bankruptcy Code filed by SiteOne Landscape Supply, Inc. (“SiteOne”). [Doc. 71].1 David A. Wen-der, Esq. appeared for SiteOne; Constance L. Young, Esq. appeared for...
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OPINION Zafar David Khan and Terrance Alexander Tomkow (collectively “Debtors”) appeal the judgment1 of the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”), which affirmed the decision of the bankruptcy court that the claim of Kenneth Barton was not subordinated pursuant to the provisions of 11 U.S.C. § 510(b),2 and converted3 the Debtors’ Chapter 13 bankruptcy proceedings4 to Chapter 7 pr...
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Plaintiff Trikona Advisers, Ltd. (“TAL”) appeals from a decision of the district court for the District of Connecticut (Stefan R. Underhill, /.) granting summary judgment in favor of defendants Rakshitt Chugh, ARC Capital LLC, and other related corporate entities (the “Chugh Defendants”). TAL’s complaint alleged breaches of fiduciary duty by Chugh, a former partner and fifty-percent owner of TAL, ...
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OPINION Creditor Ivan Qi (“Qi”) filed involuntary petitions against husband and wife, Vin*344cent and Robin Zenga (the “Zengas”).1 The Zengas filed a motion to dismiss the involuntary petition in each of their respective cases, arguing that 11 U.S.C. § 303(b)(1) required a minimum of three petitioning creditors to institute an involuntary bankruptcy against them because they each had 12 or more c...
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*533ORDER DISCHARGING ORDER TO SHOW CAUSE, SETTING CERTAIN DEADLINES, AND DIRECTING ATTORNEY BRIAN GAR-VINE TO DISGORGE FEES PAID BY DEBTOR FOR SERVICES RENDERED TO RAMONA HAWKINS This cause came on for hearing on December 16, 2016, upon the Order Requiring Brian M. Garvine and Hemphill and Associates to Appear and Show Cause Why They Should Not Be Required to Disgorge Fees, and Requesting Counsel...
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MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S MOTION TO DISMISS INVOLUNTARY BANKRUPTCY PETITION AN RETAINING JURISDICTION UNDER 11 U.S.C. § 303(1) BACKGROUND On October 3, 2016, a Chapter 7 involuntary petition was filed against Roderick *585Clignett (“Debtor”) by Victor Salinas (“Salinas”). On October 13, 2016, summons service was executed. On November 2, 2016, Debtor filed a motion to (1) dis...
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The Defendant, U.S. Department of Education, appeals from the Bankruptcy *3Court’s1 determination that Fern’s student loans are dischargeable based upon undue hardship pursuant to 11 U.S.C. § 523(a)(8). For the reasons that follow, we affirm. STANDARD OF REVIEW The determination of undue hardship is a legal conclusion subject to de novo review. Long v. Educ. Credit Mgmt. Corp. (In re Long), 322 F....
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3200 IN RE: MARGARET KEMPFF, Debtor-Appellee. APPEAL OF: BRIAN K. FARLEY. ____________________ Appeal from the United States District Court ...
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*767MEMORANDUM DECISION The Debtor, Cindy L. Kitzerow, moves the Court to allow her to file a proof of claim on behalf of Summit Credit Union (“Summit”) approximately six (6) months after the claims bar date. For the reasons described below, the Debtor’s motion to allow an untimely proof of claim for Summit’s secured claim is denied. Further, however, the terms and provisions of the confirmed pla...
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MEMORANDUM OPINION GRANTING CONFIRMATION OF DEBTORS’ CHAPTER 13 PLAN & DENYING CHAPTER 13 TRUSTEE’S MOTION TO DISMISS [Resolving ECF No. 23, 21] I. INTRODUCTION Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) — specifically the hanging paragraph of 11 U.S.C. § 1325(a) (the “hanging paragraph”)— creates two exceptions that limit a debtor’s rig...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0026p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MARCIA R. MEOLI, ┐ Plaint...
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This appeal presents a question that' has divided the federal courts: Can a statement about a single asset be a “statement respecting the debtor’s ... financial condition”? 11 U.S.C. § 523(a)(2). Ordinarily, a debtor cannot discharge any debt incurred by fraud, id. § 523(a)(2)(A), but a debtor can discharge a debt incurred by a false statement respecting his financial condition unless that stateme...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0044p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT In re: MICHAEL CORRIN, ┐ ...
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OPINION Before the Court is the Debtor’s Motion for Authority to Pay Secured Creditors Bank of Chestnut and Illinois National Bank. The motion asks that the Debtor be authorized to pay the two creditors directly and in contravention of the express terms of the Debtor’s pending, but not yet confirmed, Second Amended Chapter 12 Plan. Because the motion is procedurally and substantively deficient, i...
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Case: 16-11578 Date Filed: 02/15/2017 Page: 1 of 18 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11578 ________________________ D...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2346 WANN VAN ROBINSON; MARY D. ROBINSON; THE WANN VAN ROBINSON REVOCABLE TRUST, Plaintiffs - Appellees, v. JASON CLINT WORLEY, Defendant - Ap...
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MEMORANDUM OF DECISION This adversary proceeding is before the court for decision after trial on Plaintiffs *524pro se complaint to determine discharge-ability of a debt owed to him by Defendant. Defendant is a debtor in the underlying Chapter 7 case. Plaintiffs complaint is based upon Defendant’s failure to complete construction of a pole barn on Plaintiffs property after contracting to do so an...
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MEMORANDUM OPINION TO DISMISS CHAPTER 13 CASE Pending before the Court is a motion filed by Michael and Jamie Shapiro (the “Shapiros”), seeking to dismiss Debtor’s, Mary C. Addams, chapter 13 case (the “Motion to Dismiss”). The Shapiros hold a second mortgage lien against Debtor’s two-family property used as her primary residence, and claim Debtor. cannot confirm a feasible plan. During the cours...
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MEMORANDUM OPINION REGARDING: (1) THE CHAPTER 7 TRUSTEE’S MOTION FOR AUTHORITY TO MAKE INTERIM DISTRIBUTION: AND (2) THE DEBTOR’S OBJECTION TO THE CHAPTER 7 TRUSTEE’S MOTION FOR AUTHORITY TO MAKE DISTRIBUTION [Doc. Nos. 175 & 177] I. Introduction Bill Jay Bird (the “Debtor”) has found himself in a difficult situation: on one hand, he seeks the shelter and protection of the bankruptcy court from h...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0062p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: SUSAN G. BROWN, ┐ D...
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(Slip Opinion) OCTOBER TERM, 2016 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared ...
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MEMORANDUM OPINION Tyrome Gibson seeks confirmation of his chapter 13 plan. The chapter 13 trustee objects because the plan does not require the debtor to pay to the trustee any future income tax “refunds” he receives as additional plan payments. The trustee’s objection is overruled. The debtor prorated the expected income from his tax “refund” over 12 months and' properly calculated his plan paym...
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Case: 16-30274 Document: 00513907721 Page: 1 Date Filed: 03/13/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-30274 Fifth Circuit ...
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MEMORANDUM OF DECISION CONVERTING CASE TO CHAPTER 7 UPON TRUSTEE’S MOTION FOR CONDITIONAL DISMISSAL OF CASE (Dkt. # 556) Geraldine Mund, United States Bankruptcy Judge Jeffrey Golden (the “Trustee”), as trustee of the chapter 11 estate of Robert Vilas Johnson and Linda Joyce Johnson (the “Debtors”), moves for entry of an order conditionally dismissing this chapter 11 case and allowing professional...
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MEMORANDUM OPINION This matter is before the Court on the motion of the City of Chicago (the “City”) for a declaration that the post-petition retention of debtor Bianca L. Avila’s (the “Debtor”) vehicle does not violate the automatic stay. I. BACKGROUND On January 5, 2017, the City impounded the Debtor’s 2012 Toyota Corolla vehicle (the “Vehicle”) pursuant to § 9-100-120 of the Municipal Code of ...
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Shawn L. Benoit (the “Debtor”) appeals from the bankruptcy court’s June 28, 2016 order dismissing his chapter 13 case (the “Order”). We find no abuse of discretion and AFFIRM the Order. BACKGROUND The Debtor commenced a chapter 13 bankruptcy case on September 26, 2013. On his Schedule A-Real Property, the Debtor disclosed that he owned property in Corea, Maine (the “First Property”). He valued the...
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MEMORANDUM OPINION Did Neal Richards Group, LLC (“NRG”), the managing member of the general partner of the Debtor, make a “substantial contribution” to this bankruptcy case and, if so, can it collect $2,875 million? I. BACKGROUND AND FACTS A. The parties. The Debtor, a Texas limited partnership, owned a short-term acute care hospital and medical office building, together with a 445 stall adjacent...
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Case: 16-20255 Document: 00513925398 Page: 1 Date Filed: 03/24/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-20255 Fif h Circuit ...
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OPINION INTRODUCTION LaRosa Greenhouse, LLP (“Debtor”) filed a motion seeking to modify its chapter 12 confirmed plan. The motion sought to extend certain deadlines for the Debtor to make payments and to make other adjustments due to, inter alia, Debtor’s counsel’s intention to seek further post-confirmation compensation from the Debt- or and/or the bankruptcy estate. Section 1229 of title 11 per...
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The plaintiffs appeal from an order of the United States District Court for the Eastern District of New York (Spatt, /.), dismissing their action asserting claims for breach of fiduciary duty, tortious interference, and common law fraud against the law firm K&L Gates, LLP and two of its former partners. The plaintiffs, unsuccessful bidders in a bankruptcy proceeding, alleged that the defendants...
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ORDER DENYING FEE APPLICATION AS MOOT This matter is before the Court on the Ex Parte Application for Administrative Expenses (ECF No. 40) filed by counsel for the debtor, David K. Welch. The Court held a hearing on this matter on March 22, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to F...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE MARK DINGLEY, No. 14-60055 Debtor, BAP No. 13-1261 MARK DINGLEY, Appellant, OPINION ...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 16-1477 ____________ In Re: LINEAR ELECTRIC COMPANY, INC., Debtor COOPER ELECTRIC SUPPLY CO. and SAMSON ELECTRICAL SUPPLY CO., INC., ...
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MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR PAYMENT OF ADMINISTRATIVE EXPENSES I. BACKGROUND On October 3, 2013, Iraj Maqsoudi (“Debtor”) filed a Chapter 7 voluntary petition. On January 4, 2014, Debtor received a discharge. On January 21, 2014, Trustee commenced an adversary proceeding against *42Mandana Banihashem. (“Defendant”). On January 30, 2014, Trustee commenced an adversary proceed...
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OPINION Wayne L. Wright (“debtor”) filed this appeal from the bankruptcy court’s order granting the Chapter 7 Trustee’s (“trustee”) motion for authority to compromise personal injury and workers’ compensation claims. The bankruptcy court rejected the debtor’s argument that the trustee had abandoned those claims when the decree closing the case did not specify that the estate retained the claims. ...
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MEMORANDUM OPINION In the continuing dispute between debt- or David L. Dini and his one-time business partner John H. Sammarco, the issue before the Court is whether the equitable doctrine of laches bars Sammarco’s motion to dismiss Dini’s chapter 7 bankruptcy case under 11 U.S.C. § 707(a).1 For the reasons set forth below, the Court finds that Sammarco’s delay in filing the motion was unreasonab...
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ORDER APPROVING MODIFICATION OF CONFIRMED CHAPTER 13 PLAN The issue before the Court is whether it should approve a proposed modification of a confirmed chapter 13 plan to decrease the pool to unsecured creditors by the amount of the attorney’s fees incurred to create the basis for the pool, or whether it should deny the modification because the amount of the pool in the confirmed plan is res jud...
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MEMORANDUM OPINION AND ORDER DENYING IN PART MOTION TO ESTABLISH CERTAIN CLAIMANTS AS CRITICAL VENDORS AND TO APPROVE CRITICAL VENDOR PAYMENTS FOR EMERGENCY ROOM PHYSICIANS This matter came before the Court for hearing on March 24, 2017 (the “Hearing”), on the Motion to Establish Certain Claimants as Critical Vendors and to Approve Critical Vendor Payments (the “Motion”) (Dkt. 1725) filed by Pion...
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OPINION I. INTRODUCTION Presently before this Court is a Motion to Hold Verizon Liable for Violating the Automatic Stay, for Punitive Damages, Legal Fees and Costs (the “Motion”), (Docket No. 11), filed by the debtor, Dominic-James Porcoro (the “Debtor”), by and through his counsel, RC Law Group, PLLC. The Debtor seeks sanctions against Verizon New Jersey Inc., Verizon Long Distance and Verizon O...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JEREMY PORTER, an individual, No. 15-16985 Plaintiff-Appellant, D.C. No. v. 1:15-cv-00805- MCE-JLT NABORS DRILLING USA, L.P., a Limited Partnershi...
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MEMORANDUM OPINION This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment (“Motion”) filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties’ oral arguments, and the applicable statutes and ease law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedu...
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MEMORANDUM OPINION This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment (“Motion”) filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties’ oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedu...
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FINAL RULING ON AMENDED MOTION TO EXTEND THE STAY AND JOINT MOTION TO STAY TO PENDING SOUTH DAKOTA MATTER These matters came before the Court for final hearing on May 2, 2017 in Sioux City, Iowa. Don Molstad appeared for Debtor Bailey Ridge Partners, LLC (“Debtor”). Bill Miller appeared for Du-buque Bank & Trust Company (“Dubuque Bank”). Wil Forker appeared for Floyd “Chet” Davis. Chad Thompson a...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0097p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: CONCO, INC., ┐ Debt...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 15-3761 ________________ IN RE: THOMAS GIACCHI, Appellant THOMAS GIACCHI v. UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTE...
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MEMORANDUM OPINION The Court “may” dismiss a chapter 13 case for “cause,” including unreasonable delay, material default under a confirmed plan, and bad faith.1 But once the debtor completes all payments under the plan, the Court “shall” grant the debtor a discharge.2 In this case, the debtors violated both their plan and confirmation order. They flouted their duties to the Trustee, the Governmen...
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FILED 1 ORDERED PUBLISHED APR 28 2017 SUSAN M. SPRAUL, CLERK 2 U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 3 UNITED STATES B...
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FILED MAY 26 2017 1 SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL 2 OF THE N...
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(Slip Opinion) OCTOBER TERM, 2016 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared ...
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IN PROCEEDINGS UNDER CHAPTER 13 OF THE BANKRUPTCY CODE ORDER The above-styled case came before the Court for a' hearing on confirmation of the Debtor’s Second Amended Plan on March 16, 2017, at 9:10 AM. At the hearing, the Chapter 13 Trustee raised an objection to confirmation alleging that the Debtor had failed to satisfy the good-faith requirement of § 1325(a)(3) of the Bankruptcy Code. After h...
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*671MEMORANDUM OPINION I. INTRODUCTION Randall and Sharon Todt (the “Debtors”) filed for chapter 7 bankruptcy relief in 2011 and received their bankruptcy discharges in 2012. After their bankruptcy case was closed, the Debtors continued to receive monthly statements from their mortgage servicer indicating their mortgage was past due. The mortgage on their home was eventually foreclosed in 2013. Th...
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OPINION This contested matter is before the Court on the objection filed by the Debtors, JEREMY GENE ETNIRE and MINDY SUE ETNIRE, to Claim # 9-1 filed by the Illinois Department of Human Services, asserting a priority claim in the amount of $13,699.63, pursuant to section 507(a)(1) of the Bankruptcy Code, as a domestic support obligation. 11 U.S.C. section 507(a)(1). The Debtors filed a Chapter 1...
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MEMORANDUM1 The Debtor filed a Notice of Proposed Use, Sale or Lease of Property Outside of the Normal Couse of Business combined with a Motion to Sell Property Free and Clear and Motion for Settlement-and Compromise on February 24, 2017. The property to be sold was the Debtor’s stock interests in two corporations whose value the Debtor listed as $900,000 on Schedule A/B, Question 19. The buyer o...
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OPINION This matter is before the Court on confirmation of the Chapter 13 Plan filed by Arthur Gillen (DEBTOR) and the objection thereto by the Standing Chapter 13 Trustee, Marsha Combs-Skinner. The plan is for a term of sixty (60) months and will pay unsecured creditors in full, without interest. The Trustee’s basis for objecting is that the DEBTOR has failed to commit all of his monthly disposa...
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ORDER DENYING MOTION FOR DIRECTED VERDICT This matter came on to be heard upon the motion of Maureen Brown (Brown) to modify the chapter 13 plan of the debtor, Thomas Edward Matusak, pursuant to § 1329 of the Bankruptcy Code. A hearing was held on January 19, 2017, in Raleigh, North Carolina. At the conclusion of the hearing, counsel for the debtor made an oral motion for directed verdict based u...
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MEMORANDUM-DECISION AND ORDER 7. Introduction Before the Court is a motion by Debtor Jeffrey Sharak (“Debtor”) against Bayview Loan Servicing, LLC (“Bayview”) filed on November 7, 2016 (the “Motion,” ECF No. 65), wherein Debtor seeks sanctions against Bayview pursuant to 11 U.S.C. § 105 for civil contempt based on its alleged violation of the discharge injunction provided by 11 U.S.C. § 524(a)(2)...
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OPINION2 Before the Court is the Debtor AW Liquidation, Inc.’s (f/k/a Associated Wholesalers, Inc.) (“AWI”) Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 (Made Applicable by Fed. R. Bankr. P. 7056 and 9014) With Respect to Bimbo Bakeries USA, Inc.’s (“BBU”) Motion for the Allowance and Payment of Administrative Expenses (D.I. 2691) under 11 U.S.C. § 503(b)(9) (“AWI’s Motion for Summa...
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OPINION REGARDING TIMELINESS OF CREDITOR ROBERT MITCHELL’S PROPOSED POST-CONFIRMATION PLAN MODIFICATION I. Introduction This Chapter 13 case presents a question about the meaning of Bankruptcy *154Code § 1329(a). That section permits certain types of modifications of a confirmed Chapter 13 plan to be made, “[a]t any time ... before the completion of payments under such plan.” 11 U.S.C. § 1329(a). ...
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ORDER OVERRULING TRUSTEE’S OBJECTION TO EXEMPTIONS THIS MATTER is before the court on the Trustee’s Objection to Exemptions (“Objection”) filed by the Chapter 7 Trustee on January 17, 2017. The court held a hearing on the Motion on February 10, 2017 and announced its ruling at a hearing on March 10, 2017. Representatives of the Trustee and the Debtors appeared at both hearings. The Objection pres...
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MEMORANDUM OPINION DENYING CONFIRMATION OF SECOND AMENDED PLAN OF REORGANIZATION WITH LEAVE TO AMEND For the reasons set forth, this Court will deny confirmation of the pending Second Amended Plan of Reorganization. FINDINGS OF FACT 1. 100 Harborview Drive Condominium (“the building”) also known as The Har-*135borView Towers, is a 29-story luxury residential high rise that stands on the shore...
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This appeal involves the bankruptcy of Quincy Medical Center, Inc., QMC ED Physicians, Inc. and Quincy Physician Corporation (“Debtors”). Apurv Gupta and Victor Munger (“Appellants”), former senior executives of Debtors, appeal the district court’s ruling that the bankruptcy court lacked subject matter jurisdiction over their post-confirmation claims for severance payments against the purchaser...
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Related to ECF Nos. 79 & 95 MEMORANDUM OPINION AND ORDER REGARDING (1) ORDER TO SHOW CAUSE, AND (2) APPLICATION OF PLAINTIFF’S SPECIAL COUNSEL FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES Before the Court are the (1) Order to Show Cause as to Why the Order Approving Employment of Special Counsel Nunc Pro Tunc Should Not be Set Aside as an Impermissible Fee Sharing Agreement [BC ECF...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3111 ___________________________ In re: Michael John Hernandez lllllllllllllllllllllDebtor --------------...
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dissenting. I write separately to express my disagreement with the outcome of this case. *379The assigned trustee in this ease should have the same right to be exempt from the insured-versus-insured exclusion as a court-appointed trustee. The plain language reading of the insurance contract in this case and Sixth Circuit precedent both support that finding. Because this decision makes it harder fo...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ Nos. 15-3341 & 16-3482 _____________ IN RE: PAUL E. KLAAS; BETH ANN KLAAS, Debtors ELIZABETH SHOVLIN, ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1358 MARJORIE K. LYNCH, Bankruptcy Administrator for the Eastern District of North Carolina, Appellant, v. GABRIEL LEVAR JACKSON; MONTE NICOLE JACKSON, Debtors – Appelle...
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MEMORANDUM DECISION On July 18, 2016, Bradley A. Strom (“Strom” or “Debtor”) commenced the instant bankruptcy case by filing a voluntary petition under chapter 7 of the Bankruptcy Code. He received a discharge on February 13, 2017. The Trustee filed a Final Report on December 20, 2016. Lakeview Care Partners, Inc. (“Lakeview”), a creditor, filed an objection to the Final Report. Lakeview asks the ...
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MEMORANDUM OPINION DENYING CONFIRMATION OF THE DEBTORS’ PLAN OF REORGANIZATION DATED APRIL 19, 2017 WITHOUT PREJUDICE TO FILING AN AMENDED PLAN I. Introduction This case presents the narrow of issue of what interest rate is appropriate in a Chapter 13 plan for a secured creditor who will be paid on a cramdown basis. There is no question that the Supreme Court’s holding in Till v. SCS Credit Corp....
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DIANE C. WEIL, Chapter 7 No. 16-55359 Trustee, Plaintiff-Appellant, D.C. No. 1:11-bk-23855-VK v. EDWARD E. ELLIOTT, OPINION Defendant-Appellee. Appeal from the United Sta...
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MEMORANDUM OPINION REGARDING MOTION TO COMPEL ARBITRATION Before the Court is Defendant’s Motion to Compel Arbitration and Stay Related Contested Matter (“Arbitration Motion”) (Doc. 44) filed by Célico Partnership d/b/a Verizon Wireless (“Verizon”) on April 24, 2017. Verizon seeks an order staying this Court’s further consideration of the Motion for Contempt (Doc. 29) filed by Debtors David A. Jo...
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MEMORANDUM OPINION AND ORDER GRANTING IN PART NEW GM’S MOTION TO ENFORCE SALE ORDER AGAINST THE PITTERMAN PLAINTIFFS AND RESOLVING 2016 THRESHOLD ISSUE TWO: WHETHER NON-IGNITION SWITCH PLAINTIFFS ARE BARRED FROM ASSERTING INDEPENDENT CLAIMS AGAINST NEW GM Pending before the Court is the motion filed on June 24, 2016 (the “Motion,” ECF *220Doc. #13655) of General Motors LLC (“New GM”) to enforce th...
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OPINION Appellant/Debtor Antoinette Pace (“Debtor”) owned nonresidential real estate that foreclosure creditor The Farmers National Bank of Canfield (“FNB”) sold in *266a prepetition foreclosure sale. After the sale but still prepetition, FNB obtained a deficiency judgment against Debtor and filed two judicial liens. During her chapter 7 case, Debtor filed a motion pursuant to § 522(f)(1)(A)1 to a...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-3576 JOHN CARROLL and CATHERINE M. CARROLL, Debtors-Appellants. v. JOJI TAKADA, Chapter 7 Bankruptcy Trustee, ...
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OPINION1 Ms. Tabitha Fayson bought a used Mercedes on credit and subsequently filed a petition under Chapter 13. The Court confirmed Ms. Fayson’s Chapter 13 plan that allowed her to keep the Mercedes in exchange for paying the full debt. Ms. Fay-son, frustrated with mechanical issues and an allegedly undelivered warranty, now seeks to surrender the Mercedes to her secured creditor and to treat any...
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ORDER AND JUDGMENT This matter is before the Court on Plaintiffs Complaint to Determine Extent of Lien Rights in Property and for Declaratory Judgment, after briefing by the parties. This Court has jurisdiction of this matter under 28 U.S.C. §§ 1334 and 157 and this matter is a core one under 28 U.S.C. § 157(b)(2)(K). FACTS The Debtor Joyce Hill filed a Chapter 7 petition on December 9, 2011, wit...
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MEMORANDUM OPINION AND ORDER DISALLOWING PROOF OF CLAIM NO. 31-1 This matter is before the Court on the Debtor’s Amended Motion to Disallow *803Proof of Claim No. 31-1 filed by Sang Wook Kim. Docket No. 338. Mr. Kim filed a Response opposing the Motion. Docket No. 351. The Court heard the arguments of the parties on June 6, 2017. For the reasons stated below, the Court •will disallow the claim on...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3983 ___________________________ Melikian Enterprises, LLLP, Creditor lllllllllllllllllllllAppellant ...
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BENCH DECISION REGARDING (I) PETITIONS FOR RECOGNITION OF FOREIGN PROCEEDINGS, (II) RECOGNITION OF FOREIGN REPRESENTATIVE, AND (III) RELATED RELIEF UNDER CHAPTER 15 OF THE BANKRUPTCY CODE Mood Media Corporation (“Mood Media”) is a Canadian company. It is the applicant in a proceeding under Section 192 of the Canadian Business Corporations Act that is pending in Ontario and that was filed May 18, 2...
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Case: 16-11506 Date Filed: 06/27/2017 Page: 1 of 10 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11506 ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3417 ___________________________ Rhett R. Sears; Rhett Sears Revocable Trust; Ronald H. Sears; Ron H. Sears Trust; Dane Sears, ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3352 ___________________________ In re: Korley B. Sears, lllllllllllllllllllllDebtor. ------------------------...
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ORDER SUSTAINING RESPONSE IN OPPOSITION TO NOTICE OF FINAL CURE PAYMENT UNDER RULE 3002.1 REGARDING CLAIM NUMBER 5 and DENYING DEBTOR’S MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE Debtor Barbara Faye Thornton filed a Motion for Entry of Chapter 13 Discharge Due to Plan Completion, to which the Chapter 13 Trustee objects. The issue is whether the Debtor has made “all payments under the plan” as requir...
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ORDER ALLOWING OBJECTION TO CLAIM The matter before the court is the objection to claim filed by debtor O. William Faison with respect to SummitBridge National Investments III, LLC’s proof of claim in the amount of $302,596.19. A hearing took place in Raleigh, North Carolina on March 1, 2017, at the conclusion of which the court took the matter under advisement. For the reasons that follow, the c...
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ORDER DENYING TRUSTEE’S OBJECTION TO THE DEBTOR’S AMENDED SCHEDULE C— PROPERTY CLAIMED AS EXEMPT (ECF NO. 51) Before the Court is Trustee’s Objection to the Debtor’s Amended Schedule C— Property Claimed as exempt (the “Objection”) (ECF No. 511). Debtor filed Debt- or’s Response to Trustee’s Objection to the Debtor’s Amended Schedule C—Property Claimed as Exempt (the “Response”) (ECF No. 58). A hea...
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MEMORANDUM DECISION This matter is before the Court on the objection of the Debtor, Annette Sue Man- or (“Manor”), to the Proof of Claim of Members Cooperative Credit Union (the “Credit Union”). Manor seeks to reduce the secured claim by certain amounts she believes should not be included in the claim as purchase money amounts securing the claim. *765FACTS On October 7, 2016, Manor purchased a new...
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MEMORANDUM AND ORDER DETERMINING VALUATION DATE FOR PURPOSES OF EVIDENTIA-RY HEARING ON MOTION TO AVOID LIEN This matter came before the Court on June 13, 2017, pursuant to the motion to avoid lien of Guaranty Bank. Debtors Rodolfo and Sara Montiel (“Debtors”) filed the motion to strip the creditor’s lien on January 28, 2017, and creditor Guaranty Bank responded. The Court set an eviden-tiary hea...
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