ORDER ON MOTION TO DISMISS HOWARD R. TALLMAN, Chief Judge. This case comes before the Court on Secured Creditor VFC Partners 14 LLC's Motion to Dismiss (docket # 31) (the "Motion"). The Debtor's business involves a continuing violation of the federal Controlled Substances Act. See 21 U.S.C. 801-904. Debtor candidly acknowledges that it derives roughly 25% of its revenues from leasing warehouse space to tenants who are engaged in the business of growing marijuana. This activity —...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT MARLENE M. MOOSMAN'S MOTION FOR SUMMARY JUDGMENT A. BRUCE CAMPBELL, Bankruptcy Judge. This matter is before the Court on the cross Motions for Summary Judgment filed by Plaintiff Robertson B. Cohen, Chapter 7 Trustee ("Trustee") and the Debtor/Defendant Marlene M. Moosman ("Debtor"). The Court, having reviewed the Motions, the Responses, and the file in this matter, and being otherwise advised in the premises, finds...
ORDER GRANTING MOTION TO DISMISS ELIZABETH E. BROWN, Bankruptcy Judge. THIS MATTER comes before the Court on the Motion to Dismiss Plaintiffs' Complaint, filed by Defendant Bank of America, N.A. ("Bank"). In their complaint, the Debtors claim that the Bank has continually violated the automatic stay by allowing the pre-petition foreclosure sale date to be continued automatically, from week to week, by the public trustee, despite the fact that they have confirmed a Chapter 13 plan of...
ORDER DENYING MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM OF WELLS FARGO BANK, ET AL. A. BRUCE CAMPBELL, Bankruptcy Judge. THIS MATTER comes before the Court on the Motion for Allowance of Administrative Expense Claim filed on December 15, 2011, by Wells Fargo Bank, National Association; Wells Fargo Equipment Finance, Inc.; Keybank National Association; Key Equipment Finance Inc.; AIG Commercial Equipment Finance, Inc.; and Comerica Leasing Corporation ("Motion"). The Motion is...
ORDER MICHAEL E. ROMERO, Bankruptcy Judge. This matter comes before the Court on the Objection to Property Claimed as Exempt (Docket No. 13) (the "Objection") filed by the Chapter 7 Trustee in this case, John Smiley (the "Trustee") and the Response to the Trustee's Objection (Docket No. 19) filed by the Debtor, Pamela Sue Sedillo (the "Debtor"). The instant matter arose from the Debtor's claimed "tool of the trade" exemption for a motor vehicle used by the Debtor to transport foster...
ORDER DISMISSING CHAPTER 11 CASES ELIZABETH E. BROWN, Bankruptcy Judge. THIS MATTER comes before the Court on the United States Trustee's Motion to Convert or Dismiss Chapter 11 Case Under 11 U.S.C. 1112(b)(4) (the "Motion") and the Debtors' Objection. Following an evidentiary hearing on this matter, the Court hereby FINDS and CONCLUDES that cause exists to dismiss these cases due to the Debtors' repeated failures to file timely and accurate monthly operating reports with the U.S. Trustee ("...
ORDER MICHAEL E. ROMERO, Bankruptcy Judge. This matter comes before the Court on the following matters: 1. Plaintiff's Motion for Partial Summary Judgment (Docket No. 62) and the Defendant's Response to Plaintiff's Motion for Partial Summary Judgment (Docket No. 89) 2. Defendants' Motion for Partial Summary Judgment (Docket No. 90), and the Plaintiff's Response to Motion for Partial Summary Judgment (Docket No. 102). 3. Defendant FNF Security Acquisition, Inc.'s Additional Motion...
ORDER ALLOWING CLAIMS HOWARD R. TALLMAN, Chief Judge. This case comes before the Court on Debtors' Verified Motion to Disallow Proof of Claim # 1-1 (docket # 33); Debtors' Verified Motion to Disallow Proof of Claim # 4-1 (docket # 37); Debtors' Verified Motion to Disallow Proof of Claim #5-1 (docket #39); Debtors' Verified Motion to Disallow Proof of Claim # 10-1 (docket # 41); and Debtors' Verified Motion to Disallow Proof of Claim # 11-1 (docket # 43) (collectively, the "Motions"...
