ORDER ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT PETER W. BOWIE, Bankruptcy Judge. The facts of this case are neither uncommon nor disputed. When this case was filed, and during the ninety days before, Debtors' residence was subject to two deeds of trust securing obligations to two creditors-the Senior Lienholder and Junior Lienholder. The property was worth more than the claim of the Senior Lienholder, but less than the claims of Senior Lienholder and Junior Lienholder combined. In other words,...
MEMORANDUM DECISION AND ORDER ON CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN AND MOTION TO DISMISS CHRISTOPHER B. LATHAM , JUDGE , United States Bankruptcy Court. Chapter 13 Trustee David L. Skelton has objected to confirmation of Debtors Raymundo and Patricia Gamboa's Chapter 13 plan and moved to dismiss their case. The central issue is whether Debtors may retain an income-producing property and cure the mortgage arrears on it through their plan. The court finds that...
MEMORANDUM DECISION AND ORDER DENYING DISCHARGEABILITY CHRISTOPHER B. LATHAM , Bankruptcy Judge . Plaintiff-Debtor Mark E. Lilly filed a Complaint under 11 U.S.C. 523(a)(8) to discharge his educational debt held by defendant Sallie Mae, Inc. ("Sallie Mae"). Because the court finds that Mr. Lilly's circumstances do not indicate his hardship will likely persist for a significant portion of his repayment period and that he has not made a good faith effort to repay his loans, the educational...
