Chapter 13 MEMORANDUM DECISION AND ORDER SUSTAINING DEBTOR'S OBJECTION TO EMC MORTGAGE PROOF OF CLAIM AND CONFIRMING CHAPTER 13 PLAN Charles Novack , U.S. Bankruptcy Judge . On September 19, 2014 this court conducted hearings on the Debtor's contested Second Amended Chapter 13 plan and her objection to the proof of claim filed by EMC Mortgage, LLC ("EMC"), which holds a second deed of trust against her Monterey residence. Chapter 13 Debtor Diana Rosa ("Rosa") filed this case soon after...
Chapter 13 MEMORANDUM DECISION GRANTING MOTION TO DISMISS Arthur S. Weissbrodt, U.S. Bankruptcy Judge This matter comes before the Court on a Motion to Dismiss filed by the Chapter 13 Trustee (hereafter, "the Trustee"), who is represented by attorney Nanette Dumas. The Motion is opposed by Debtor Tina Harwood (hereafter, "the Debtor"), who is represented by attorney Saman Taherian. Having considered the parties' respective arguments and the applicable law, the Court grants the motion to...
Chapter 11 MEMORANDUM DECISION ON MOTIONS TO DISMISS DENNIS MONTALI, U.S. Bankruptcy Judge I. INTRODUCTION Plaintiff Allan B. Diamond, chapter 11 Trustee ("Trustee") for debtor Howrey LLP ("Howrey" or "Debtor"), filed multiple nearly identical complaints for avoidance and recovery of actual and constructive fraudulent transfers and for an accounting and turnover and other relief, seeking to recover from several law firm defendants the value of profits received by them with respect to...
Chapter 13 MEMORANDUM DECISION RE: ELIGIBILITY Arthur S. Weissbrodt, U.S. Bankruptcy Judge. This matter is before the Court on this Court's Orders Directing Briefing on Chapter 13 Eligibility ("Briefing Orders"). Debtors Kenneth and Kathleen Blackwell ("Debtors") are represented by attorney Cathleen Cooper Moran in their respective chapter 13 cases. The chapter 13 trustee, Devin Derham-Burk, is represented by attorney Nanette Dumas. In the Briefing Orders, this Court raised the question...
Chapter 7 MEMORANDUM DECISION REGARDING DISCHARGEABILITY OF EDUCATION LOAN DENNIS MONTALI, U.S. Bankruptcy Judge I. INTRODUCTION The court is presented with an apparent case of first impression in this circuit: when a private educational institution finances a deferred payment of its tuition by one of its students that did not involve an exchange of funds, is that debt excepted section 523(a)(8) 1 In addressing the issue court must consider two powerful competing principles: the need...
Chapter 11 MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Arthur S. Weissbrodt, U.S. Bankruptcy Judge. Before the Court are cross-motions for summary judgment filed by Plaintiff David Randall Smith and Defendants CitiMortgage, Inc. ("Citi"), and Federal Home Loan Mortgage Corporation ("Freddie Mac"). Plaintiff appears in this proceeding in pro per; Defendants are represented by attorney Ellen Cha. Defendants seek dismissal of the Plaintiff's remaining claims in this adversary...
