, The United States Trustee and the Committee maintain that the bankruptcy court *497 properly adjusted the lodestar to $200 per hour in view of Rhode Island market rates for trustee services. We find that the Trustee did not sustain his burden of proving that $250 was a reasonable hourly rate.
, HAINES, Bankruptcy Judge. Issues on Appeal.Conclusion, For the reasons set forth above, we conclude that the bankruptcy court's order denying Krikor Dulgarian's motion seeking payment of all pre-assumption lease arrearages in full from the proceeds of the sale of the debtor's assets was error.
Its argument is as follows: the debtor had sufficient cash on hand to pay the claims of all classes other than PonceBank immediately on the effective date of confirmation. BAP 1994) (general rule is that appellate court will not consider issues raised for the first time on appeal).
In Cen-Pen Corp. v. Hanson, 58 F.3d 89 (4th Cir.1995), the court of appeals affirmed a district court ruling that the Chapter 13 debtors' interest in their residence remained subject to a lien, despite a plan provision that liens would be void if the secured creditor did not file a proof of claim.
Another judge made new findings, ruled the Fields had justifiably relied upon the misrepresentation of Philip W. Mans (the Debtor) and entered judgment declaring the Fields' debt nondischargeable by reason of the fraud. However, the sufficiency of the warning is a question of fact.
Discussion, Relying on In re Penrod, 50 F.3d 459 (7th Cir.1995), Smith contends that the bankruptcy court erred when it determined that the Kennebunkport Property mortgage survived the confirmation order because the debtors had not made it clear in the plan that the mortgage was to be extinguished.
The appeal poses the question whether the trustee's motion to abate tax penalties initiated a contested matter within the meaning of the bankruptcy rules, thereby requiring the trustee to effect service upon the United States. Relief from the void order under Rule 60(b)(4) is mandatory.
United States v. Goode, 814 F.2d 1353, 1354 (9th Cir.1987) (We review a district court's decision on trial management for abuse of discretion., [6] The court conducted the trial on the Epicor trustee's fraudulent transfer claim and Birch's claims in two phases.
, (Appellants) appeal from an order of the Bankruptcy Court granting Albert J. Brien's (Debtor) motion to dismiss Appellants' complaint objecting to Debtor's discharge pursuant to 11 U.S.C. ยง 727(a)(4)(A) and (a)(5). 12(b)(6), for failure to state a claim upon which relief can be granted.
INCREASED INTEREST RATE, FNB also asserts that the amended plan may not be feasible because the debtors' disposable income may be insufficient to provide payment of the additional percentage point in the interest rate ordered by the bankruptcy court at the confirmation hearing.
914, 133 L. Ed. 2d 845 (1996). Barbour, 63 F.3d at 36.[3], Blue Cross moved for summary judgment, arguing that Twilley's assignment of insurance contract rights to HIRC was invalid and that, in any event, Weiss's legal action was time-barred by the policy's two-year limitation of actions clause.
, Maria Hill, a former principal of debtor Moorhead Corporation, appeals from the bankruptcy court's approval of the trustee's motion to compromise the estate's claim against the Friends of Russells Mills (FORM). Jeffrey v. Desmond, 70 F.3d 183, 185 (1st Cir.1995).
Accordingly, those portions of Markarian's debt to Aetna attributable to the multiple damages under RICO and Chapter 93A should not be excepted from Markarian's discharge under section 523(a)(2)(A). The first case discussed by Aetna is Piccicuto v. Dwyer, 39 F.3d 37 (1st Cir.1994).
), ROPT's explanation and offer to restore the funds did not mollify the bankruptcy judge, who commented that Roffman would not win the ability to manage the debtor (and use Sun Life's cash collateral) by acts of contrition volunteered after having his hand caught in the till.The Court: .
, About two months after the Debtors filed bankruptcy, Compass Bank's predecessor-in-interest sought relief from the automatic stay with respect to the gas station property and two other parcels mortgaged to the Bank. Both parties appealed the state court order, and the appeal is pending. Great Am.
[4], The Court finds that the result in this case is consistent with bankruptcy policy. Rather, pursuant to the formula, only that portion of the lien which exceeds a debtor's equity in the property, taking into account the non-judicial liens and the debtor's exemptions, may be avoided.
[2] Extensive colloquy between counsel and the court resulted in Zeida's June 14, 1996 motion to recuse the bankruptcy judge from hearing Security's motion for sanctions, and the denial of that request. 77, 130 L. Ed. 2d 31 (1994). United States v. Martorano, 620 F.2d 912, 919 (1st Cir.
, On April 17, 1995, the Bankruptcy Court held a hearing on Wesley's application to employ Smith and Smith's applications for interim compensation filed in the HTR and Pequot cases. by reason of any direct or indirect relationship to, connection with, or interest in, the debtor .
, Appellant John Roumeliotis (Roumeliotis) appeals from the judgment entered on October 31, 1996 granting appellee's George Popa's (Popa) Motion to Reconsider and dismissing the adversary proceeding seeking a determination that Popa's debt was not dischargeable., 993 F.2d 962, 971 (1st Cir.1993).
