OPINION AND ORDER ON APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM (ELECTRICAL ENERGY) UNDER 11 U.S.C. 503(b)(9) Thomas B. McNamara , United States Bankruptcy Judge . I. Introduction. Electrical energy. Since Thales of Miletus (circa 585 B.C.) made his initial observations on the generation of static electricity by rubbing a piece of ilektron against fur, intellectuals have puzzled over the physics of the phenomenon. Great scientists like Alessandro Volta, Andr -Marie...
ORDER DISMISSING CASE JOSEPH G. ROSANIA, Jr. , Bankruptcy Judge . ISSUES The issues presented are whether the filing of this chapter 11 case was in good faith and whether proposing of the chapter 11 plan is in good faith. The Court conducted several hearings, including an evidentiary hearing on October 6, 2017, heard testimony from David J. Ladouceur ("Debtor") and legal argument and reviewed exhibits. The Court had a laborious time analyzing the Debtor's financial affairs from his...
ORDER DENYING MOTION TO ADMINISTRATIVELY CLOSE CASES Honorable Joseph G. Rosania, Jr. , United States Bankruptcy Judge . In this case, a liquidating trustee, whose sole existence flows from the debtors and their assets, liabilities, and confirmation of their Chapter 11 bankruptcy cases, seeks to avoid payment of post-confirmation statutory fees to the United States Trustee ("UST") through administrative closure. Debtors 1 filed for Chapter 11 in November 2015, and moved to consolidate...
MEMORANDUM OPINION AND ORDER GRANTING RELIEF FROM STAY AND COMPELLING ARBITRATION Thomas B. McNamara , United States Bankruptcy Court Judge . Does bankruptcy eclipse arbitration Arbitration proceedings pending before bankruptcy generally are stopped by the automatic stay — a key protection that allows a bankruptcy debtor breathing space to reorganize. However, the automatic stay is not impregnable. Section 362(d)(1) 1 of the Bankruptcy Code permits the Court to grant relief from the...
ORDER Michael E. Romero , Chief Judge . THIS MATTER comes before the Court on the Modified Chapter 13 Plan 1 and Motion for Post-Confirmation Modification 2 filed by Debtor Denise Rae Deese and the objection filed by the Chapter 13 Trustee Sally Zeman. 3 JURISDICTION AND VENUE The Court has jurisdiction over this matter under 28 U.S.C. 1334(a) and (b) and 157(a) and (b)(1). This is a core proceeding under 28 U.S.C. 157(b)(2)(L) as it involves confirmation of a Chapter 13 plan...
ORDER JOSEPH G. ROSANIA, Jr. Bankruptcy Judge . The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") draws a critical distinction between whether the debts of a particular debtor are primarily consumer debts or primarily business debts in a Chapter 7 case. If the debts are primarily consumer debts in a Chapter 7 case, the court may dismiss such a case if the granting of Chapter 7 relief would be an "abuse" of the Bankruptcy Code. If the debts are primarily...
OPINION AND ORDER ON APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM (ELECTRICAL ENERGY) UNDER 11 U.S.C. 503(b)(9) THOMAS B. McNAMARA , Bankruptcy Judge . I. Introduction. Electrical energy. Since Thales of Miletus (circa 585 B.C.) made his initial observations on the generation of static electricity by rubbing a piece of ilektron against fur, intellectuals have puzzled over the physics of the phenomenon. Great scientists like Alessandro Volta, Andr -Marie Amp re, James...
