MEMORANDUM DECISION PETER H. CARROLL, Bankruptcy Judge. Before the court are various motions interposed by Defendants, Judy L. Bogen, et al., (sometimes collectively, referred to as the "Defendants") in response to the complaint filed by Plaintiff, Steven J. Stanwyck ("Stanwyck") 1 in the above referenced adversary proceeding. 2 Appearances were stated on the record at the hearing. The court, having considered the Defendants' motions, Stanwyck's opposition thereto, the Defendants'...
MEMORANDUM DECISION GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS CHAPTER 7 CASE. THOMAS B. DONOVAN, Bankruptcy Judge. This memorandum is issued in response to the United States Trustee's (U.S. Trustee) motion to dismiss this chapter 7 bankruptcy case on the basis that granting relief would be an abuse of the provisions of chapter 7 of the Bankruptcy Code, 707(b)(1), (b)(2), (b)(3)(B), and (b)(3)(A). 1 Michael A. Katz, the debtor (Katz), filed a response to the U.S. Trustee's...
AMENDED ORDER DENYING CONFIRMATION OF DEBTOR'S FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION THEODOR C. ALBERT, Bankruptcy Judge. This case involves the perplexing question of whether the "absolute priority rule" survives the BAPCPA 1 amendments to individual Chapter 11 proceedings. This question has divided bankruptcy courts across the country. The court appreciates the learned and eloquent opinions of some judges to the contrary. But this court finds that there is no good reason to...
MEMORANDUM OF DECISION THOMAS B. DONOVAN, Bankruptcy Judge; PETER H. CARROLL, Chief Bankruptcy Judge; ROBIN L. RIBLET, Bankruptcy Judge; VINCENT P. ZURZOLO, Bankruptcy Judge; ERNEST M. ROBLES, Bankruptcy Judge; ERITHE A. SMITH; Bankruptcy Judge; MEREDITH A. JURY, Bankruptcy Judge; ELLEN CARROLL, Bankruptcy Judge; SHERI BLUEBOND, Bankruptcy Judge; MAUREEN A. TIGHE, Bankruptcy Judge; THEODOR C. ALBERT, Bankruptcy Judge; RICHARD M. NEITER, Bankruptcy Judge; VICTORIA S. KAUFMAN, Bankruptcy Judge;...
MEMORANDUM OPINION SCOTT C. CLARKSON, Bankruptcy Judge. Before the Court is an Emergency Motion pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Movants Richard John Rinard (the "Debtor") and Helen R. Frazer, the Chapter 7 Trustee for the Debtor's Bankruptcy Estate ("Trustee") (together the "Movants") seeking entry of a temporary restraining order and/or a preliminary injunction order enjoining Defendant Positive Investments, Inc. (the "Defendant" or "Respondent") and its...
MEMORANDUM DECISION DENYING MARSHACK MOTION TO DISALLOW HAMMOND PRIORITY UNSECURED CLAIM THOMAS B. DONOVAN, Bankruptcy Judge. This memorandum is issued in response to chapter 7 trustee Richard Marshack's (Marshack) Motion for Order Disallowing Priority Unsecured Claim filed by Brian Hammond (Hammond) as class representative in the estate of Four Star Financial Services, Inc. (Four Star). The following are my findings of fact, conclusions of law and my decision based on the pleadings, evidence...
