JUDGMENT GEORGE B. NIELSEN, Bankruptcy Judge The court finds and concludes that plaintiff's complaint is sustained and debtor will be denied a discharge in the above referenced bankruptcy case. The Clerk will close this adversary file. ORDERED ACCORDINGLY.
FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER GEORGE B. NIELSEN, JR, Bankruptcy Judge The plaintiff trustee's complaint, seeking to deny debtor a Chapter 7 discharge was heard as a bench trial before the court on July 16 and September 2, 2010. The matter was thereafter submitted for decision. An interim order was entered on December 2, 2010, announcing the court's decision. The court has considered the testimony of witnesses, admitted exhibits and the facts and circumstances of this case....
MEMORANDUM DECISION EILEEN W. HOLLOWELL, Bankruptcy Judge. I. INTRODUCTION On December 7, 2010, the court conducted a number of hearings on reaffirmation agreements ("Reaffirmation Hearing"), including this case where a pro se motion to approve a reaffirmation agreement ("Reaffirmation Agreement") on a 2005 Chevy Avalanche ("Avalanche") was filed by the creditor. For the reasons explained below, this court will no longer conduct reaffirmation hearings in cases where a debtor is...
MEMORANDUM OPINION JAMES M. MARLAR, Chief Bankruptcy Judge. The Trustee, Dale D. Ulrich, has sought permission to pay certain administrative expenses of the prior Chapter 11 estate to Magellan Real Estate Investment, LLC (ECF No. 574). A hearing was held on November 23, 2010. An objection has been filed by ML Manager, LLC, as Manager for Centerpoint I Loan LLC and Centerpoint II Loan LLC and as Agent for the Pass-through Investors, which has made the matters before the court more unclear than...
OPINION DENYING CLASSIFICATION OBJECTION RANDOLPH J. HAINES, Bankruptcy Judge. The secured creditor has objected that the Debtor's pending plan of reorganization violates 1122 1 by classifying the creditor's guaranteed deficiency claim separately from the unguaranteed trade vendor claims. Based on the language, structure and purpose of 1122, interpreted in light of the history under the Act, Ninth Circuit case law under the Code, and the legislative intent of 1129(a)(10), the Court...
MEMORANDUM DECISION: PLAN CONFIRMATION JAMES M. MARLAR, Chief Judge. This Filing Applies to: _ All Debtors, [] Specified Debtors. TABLE OF CONTENTS I. THE PLAN ...........................................................................884 II. THE DEBTORS ........................................................................885 A. Pre-Bankruptcy ..................................................................885 B. Post-Bankruptcy ............................................................
