ORDER ELIZABETH E. BROWN, Bankruptcy Judge. THIS MATTER came before the Court on the Objection to the Debtor's Exemptions, filed by Cynthia Skeen, the Chapter 7 trustee (the "Trustee") and her related Motion for Turnover, which raise two related issues. 1 The first question is whether the distributions received by the Debtor from two closely-held businesses (the "Distributions") represent proceeds from the Debtor's stock interests and, therefore, are non-exempt property of the estate. The...
ORDER MICHAEL E. ROMERO, Bankruptcy Judge. This matter involves the rise and fall of James Vaughn, an obviously intelligent man who made an extremely unintelligent decision. Through hard work and entrepreneurial talent, he gained experience in the options trading, venture capital, and cable television industries, rising to executive positions in several companies. In 1995, he started a successful cable company and began acquiring small cable companies with an eye to selling to a larger...
ORDER MICHAEL E. ROMERO, Bankruptcy Judge. THIS MATTER comes before the Court on the Complaint for Declaratory Relief (the "Complaint") and Motion for Entry of Default Judgment Against Sally J. Zeman, in Her Capacity as Standing Chapter 13 Trustee (the "Motion") filed by the Debtor and Plaintiff herein, Daniel Joseph Diaz (the "Debtor"). BACKGROUND Procedural History The Debtor filed his chapter 13 bankruptcy petition and plan (the "Plan") on June 10, 2010. The Plan used the standard...
ORDER DENYING PLAN CONFIRMATION HOWARD R. TALLMAN, Chief Judge. This case comes before the Court on Debtors' Chapter 13 Plan (docket #2) (the "Plan"). The case presents the issue of whether the Court may deny confirmation of the Debtors' chapter 13 plan on account of their failure to propose a plan in accordance with the district's Local Rules. More specifically, the question before the Court is whether a debtor's plan is confirmable if it disregards Local Bankruptcy Rule 3015-1(b)(1) and...
ORDER MICHAEL E. ROMERO, Bankruptcy Judge. THIS MATTER comes before the Court on the Complaint filed by Plaintiff Charles F. McVay, the United States Trustee (the "UST"), against Defendants Robert Louis and Hazel Mae DiGesualdo ("Mr. DiGesualdo" and "Mrs. DiGesualdo" individually, or the "DiGesualdos" or the "Debtors" collectively), seeking denial of discharge of the DiGesualdos' debts pursuant to 11 U.S.C. 727(a)(2) and (a)(4) 1 . JURISDICTION The Court has jurisdiction over this matter...
CORRECTED 1 MEMORANDUM OPINION AND ORDER (1) GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT FILED ON DECEMBER 27, 2010; (2) DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT (DOCKET # 32) SIDNEY B. BROOKS, Bankruptcy Judge. THIS MATTER comes before the Court on the Motion for Summary Judgment filed by the Plaintiffs, Lawrence Rayner and Sally Rayner ("Plaintiffs") on December 27, 2010, 2 the Response thereto filed by Defendant, Arthur James Reeves ("Defendant"), on January 31,...
