ORDER Joseph G. Rosania, Jr. , United States Bankruptcy Judge . This case presents this Court with its first occasion to weigh in on the recent trend of lenders objecting to discharge at the conclusion of a Chapter 13 case because a debtor has failed to make post-petition mortgage payments. After a status conference, the Court asked the parties to brief the issue so it may consider the most recent decisions from other divisions of this Court in rendering its decision. The parties have...
OPINION AND ORDER DENYING, IN PART, MOTION TO QUASH SUBPOENAS FOR RULE 2004 EXAMINATION Thomas B. McNamara , United States Bankruptcy Judge . I. Introduction. The Federal Rules of Civil Procedure and Federal Rules of Bankruptcy Procedure are designed to promote the "just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. But, the procedural rules also contain many traps for the unwary. The traps can be all the more confusing since the procedural...
ORDER ON CREDITORS' MOTION TO CONVERT TO CHAPTER 7 AND DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL Howard R. Tallman , Judge United States Bankruptcy Court . THIS MATTER came before the Court on the following motions: (1) Motion to Convert Case from Chapter 13 to Chapter 7 filed by creditor Yellow Dog Properties, Inc. ("Yellow Dog") (docket # 139) (the "Motion to Convert"), creditor Kelly Sparks' Joinder in the Motion (docket # 144), creditor Sam Turner's Response in Opposition to the Motion...
ORDER DENYING MOTION TO DISMISS Thomas B. McNamara , United States Bankruptcy Judge . I. Introduction . During the Great Depression, Colorado adopted an unemployment compensation system as a safety net for "persons unemployed through no fault of their own." 1 Although the system has been modified over the years, 2 the foundation has remained the same. Employers are required to make contributions to an unemployment compensation fund administered by the State of Colorado (the "State")....
ORDER ON ADVERSARY COMPLAINT Howard R. Tallman , Judge, United States Bankruptcy Court . This case comes before the Court for trial of Plaintiff's Complaint for Denial of Discharge Pursuant to 11 U.S.C. 727(a)(3) and (a)(5) (docket #1). I. FACTS A. Stipulated Facts The following facts were stipulated to by the parties in their joint Pretrial Statement (docket #24) filed with the Court on February 19, 2016. 1. Richard K. Sears (the "Debtor") filed for relief under Chapter 7 of...
ORDER ON MOTION FOR SUMMARY JUDGMENT Howard R. Tallman , Judge United States Bankruptcy Court . This case comes before the Court on the Motion for Summary Judgment ("Motion") filed by Defendant Educational Credit Management Corporation ("ECMC") on April 19, 2016 (docket #15) and Memorandum in Support (docket #16), the Response thereto filed by Debtor Jerry Lewis Hoffman ("Debtor") (docket #17), and the Reply in Support filed by ECMC (docket #22). The Court has reviewed the pleadings and...
ORDER DENYING CONFIRMATION OF PLAN AND DISMISSING PAUL R. WARING FROM CASE Thomas B. McNamara , United States Bankruptcy Judge . The foundation of American bankruptcy law is the promise of a "fresh start." The Bankruptcy Code 1 provides "a procedure by which certain insolvent debtors can reorder their affairs, make peace with their creditors, and enjoy `a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt." 2...
ORDER MICHAEL E. ROMERO , Bankruptcy Judge . Subsequent to the denial of confirmation of his Chapter 13 plan, the Debtor in this case seeks reevaluation of this Court's precedent regarding the treatment of non-filing spouses in Chapter 13 cases. Specifically, the Debtor's Corrected Amended Chapter 13 Plan and the objection thereto by the Chapter 13 Trustee ("Trustee") present the following issues: 1) whether a debtor may deduct mortgage or rent on Form I22C-1 when the house he lives in has...
ORDER ON CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT HOWARD R. TALLMAN , Bankruptcy Court . This case comes before the Court on the Chapter 13 Standing Trustee's Final Report and Account (docket #60) (the "Final Report"). In addition to her Final Report, Trustee has filed Trustee's Statement Regarding Debtor's Eligibility for Discharge (docket #59) (the "Statement"). The Trustee's Statement informs the Court that the Debtor is ineligible for discharge and lists the...
ORDER ON DEBTOR'S RESPONSE TO MOTION TO SHOW CAUSE HOWARD R. TALLMAN , Bankruptcy Judge . This case comes before the Court on Debtor's Response to Court's Order to Show Cause (docket #74) (the "Response"). On March 30, 2016, the Court entered its Order to Show Cause Why Case Should Not Be Dismissed (docket #72) (the "Order to Show Cause"). At the time the Court issued its Order to Show Cause, it set this matter for hearing on May 18, 2016. Upon the Court's review of the Debtors'...
ORDER Hon. Michael E. Romero , Chief Judge, United States Bankruptcy Court . This matter comes before the Court regarding the Application for Payment of Administrative Claim 1 ("Application") filed by counsel for the debtor ("Movant"), the response 2 thereto filed by the former standing Chapter 13 trustee ("Trustee"), and Movant's subsequent brief in support of the Application. 3 In the wake of the United States Supreme Court's Harris v. Viegelahn 4 decision, Movant asks this...
ORDER ON MOTION TO DISMISS HOWARD R. TALLMAN , Chief Bankruptcy Judge . This case comes before the Court on Advantage Bank's Motion to Dismiss Chapter 11 Cases and Memorandum in Support Thereof (docket #265) (the "Motion"). I. BACKGROUND FACTS 1. Platte River Bottom, LLC, ("PRB") filed its voluntary petition under chapter 11 (Case No. 13-13098 HRT) on March 5, 2013. Since that time, it has remained in possession of its assets, and has operated as a Debtor-in-Possession. It owns real...
ORDER DENYING APPLICATION FOR PAYMENT OF ADMINISTRATIVE CLAIM FROM UNDISTRIBUTED PLAN PAYMENTS Elizabeth E. Brown , Bankruptcy Judge . This matter is before the Court on the Application for Payment of Administrative Claim, filed by Andrea L. Morrow, counsel for the Debtor ("Counsel"), to which the chapter 13 trustee, Douglas B. Kiel ("Trustee") has objected. The amount of Counsel's fees are not in dispute. The question before the Court is whether the Supreme Court's recent decision in...
