Chapter 13 MEMORANDUM DECISION ON THE MOTION OF CAPITAL ONE AND MERS TO DISMISS ADVERSARY PROCEEDING UNDER RULE 7012 DENNIS MONTALI, U.S. Bankruptcy Judge. On August 30, 2013, the court held a hearing on the motion of Capital One, N.A. ("Capital One"), U.S. Bank, as Trustee for Chevy Chase Mortgage Funding LLC Mortgage-Backed Certificates, Series 2006-1 Trust ("U.S. Bank"), and Mortgage Electronic Registration Systems, Inc. ("MERS") (collectively, "Defendants") to dismiss the adversary...
Chapter 7 MEMORANDUM DECISION Charles Novack, U.S. Bankruptcy Judge On June 28, 2011 AutoSource Capital, Inc. commenced this adversary proceeding seeking a non-dischargeable judgment against defendants Robert Traina and Anna Traina and the denial of their chapter 7 discharge under Bankruptcy Code 523(a)(2)(A) and 727(a)(2) and (4), respectively. During the course of this adversary proceeding, this court dismissed the 727(a)(2) and 523(a)(2) claims, and on September 16, 2013, it...
Chapter 7 MEMORANDUM DECISION AND ORDER FOLLOWING TRIAL Arthur S. Weissbrodt, U.S. Bankruptcy Judge This matter came before the Court for a trial on claims asserted by Plaintiffs Harbans and Manjit Grewal ("the Grewals") 1 against Defendant, Santa Cruz County Bank ("SCCB"). The Grewals were represented by attorney William Healy, and SCCB was represented by attorney William Thomas Lewis. At trial, each side called witnesses to testify. The Grewals testified on their own behalf. Debra...
Chapter 7 MEMORANDUM DECISION AND ORDER Arthur S. Weissbrodt, U.S. Bankruptcy This matter came before the Court for a trial on Plaintiff Andy Siu's adversary claims against Defendant and Debtor Oscar J. Martinez. At trial, Mr. Siu was represented by attorney Michael Brooks Carroll. Mr. Martinez appeared pro se. 1 After considering the evidence presented at trial, along with the oral and written arguments of the parties, the Court finds and concludes that Mr. Martinez must be denied a...
Chapter 7 MEMORANDUM DECISION AND ORDER ON RAYMOND A. BECHTOLD'S MOTION AND RENEWED MOTION TO GRANT PLAINTIFF LEAVE TO PURSUE JUDGMENT REMEDIES Arthur S. Weissbrodt, U.S. Bankruptcy Judge This matter is before the Court on the Motion and Renewed Motion of Plaintiff Raymond A. Bechtold ("Bechtold") to Allow Plaintiff to Enforce State Court Judgment, and for Determination That Doing So Will Not Violate Bankruptcy Court Orders (the "Motion"). Bechtold is represented by attorney Marc L. Shea and...
MEMORANDUM DECISION ON MOTION FOR RELIEF FROM STAY DENNIS MONTALI, Bankruptcy Judge. I. INTRODUCTION Haynes and Boone, LLP ("H & B") filed a Motion For Order Confirming That The Automatic Stay Is Inapplicable, Or In The Alternative, Granting Relief From The Automatic Stay (the "Motion") on April 2, 2013. The Motion was prompted by a threatened lawsuit against H & B by Allan B. Diamond, chapter 11 trustee ("Trustee"), to recover profits earned by H & B on matters brought to it by a former...
DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ARTHUR S. WEISSBRODT, Bankruptcy Judge. Defendants Noreen Cardinale, Martha Caron, and Margaret Bush (collectively referred to as "Defendants") have moved for summary judgment, or in the alternative summary adjudication, on Plaintiff Derald Kenoyer's claims against Defendants relating to Defendants' alleged violation of the automatic stay. Attorney Stephen Finestone represents Defendants, and attorneys Kathryn Diemer and Judith Whitman...
