MEMORANDUM OPINION AND PARTIAL JUDGMENT FOR PROGRESSIVE PLUMBING KAREN S. JENNEMANN , Bankruptcy Judge . Debtor, Progressive Plumbing ("Progressive"), specializes in complicated commercial plumbing installations required by high rise hotels, offices, and residential buildings. Defendant, Kast Construction III ("Kast"), is a large general contractor who builds high-rise structures. Kast hired Progressive as its plumbing sub-contractor on at least two projects—one in St. Petersburg and the...
MEMORANDUM OPINION AND ORDER ON CPIF LENDING, LLC'S MOTION FOR ORDER DETERMINING AMOUNT OF DIMINUTION-IN-VALUE LIENS Michael G. Williamson , Chief United States Bankruptcy Judge . At the beginning of this case, CPIF Lending consented to the Debtors' use of cash collateral (rent and other income generated from an independent living facility) so long as it received adequate protection under Bankruptcy Code 361 and 363. While there's been no allegation that the value of CPIF Lending's...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KAREN S. JENNEMANN , Bankruptcy Judge . This case came before the Court for trial on October 31, 2018 and November 2, 2018, to consider the Chapter 7 Trustee's Motion to Sell Real Property Free and Clear of Liens, 1 the Chapter 7 Trustee's Motion to Reject Unexpired Leases and/or Executory Contracts, 2 and the Debtor's Objections to the Motions. 3 After considering witness testimony, admitted evidence, and the arguments of the parties, and...
MEMORANDUM DECISION Roberta A. Colton , United States Bankruptcy Judge . Shortly after federal agents executed a search warrant at its headquarters, Taylor, Bean & Whitaker Mortgage Corp. ("TBW") filed for relief under Chapter 11 of the Bankruptcy Code 1 on August 24, 2009. 2 The bankruptcy court confirmed a liquidating chapter 11 plan in 2011 and appointed Neil F. Luria to serve as the plan trustee (the "Trustee"). 3 The Trustee then filed a number of lawsuits, including this...
MEMORANDUM OPINION Cynthia C. Jackson , United States Bankruptcy Judge . This is a story of an alternative rock festival gone bad. It is clear from the evidence that Nerdapalooza, LLC, breached its contract with Plaintiff, They Might Be, Inc. ("TMBI"). The issue is whether the Debtor's actions taken in connection with those breaches arise to the level of fraud or willful and malicious injury so that the resulting debt must be excepted from discharge under either Section 523(a)(2)(A) or...
MEMORANDUM OPINION FINDING ACCOUNT IS NOT TENANCY BY THE ENTIRETIES KAREN S. JENNEMANN , Bankruptcy Judge . On remand the District Court asks me to make a factual finding whether a joint E*TRADE account ("E*TRADE Account" or "Account") owned by Keith Yerian, the Debtor, and his non-filing spouse, Sun Pak, is tenancy by the entireties property ("TBE") and exempt from the Plaintiff Chapter 7 Trustee's claims. The Court finds the E*TRADE Account is not TBE property, and the Trustee is...
MEMORANDUM DECISION AND ORDER GRANTING PETIA TENEV'S AMENDED MOTION TO DISMISS AMENDED COMPLAINT WITH PREJUDICE ROBERTA A. COLTON , Bankruptcy Judge . THIS PROCEEDING was considered on September 19, 2018, on, inter alia, Defendant Petia Tenev's amended motion to dismiss the amended complaint (the "Motion") (Doc. 37), and Plaintiff Patricia Elaine Smith-Johnson's response to the Motion (Doc. 42). After hearing argument of counsel, the court took the matter under advisement. The court now...
MEMORANDUM OPINION PARTIALLY GRANTING DEBTOR'S MOTION FOR SANCTIONS KAREN S. JENNEMANN , Bankruptcy Judge . A long history of litigation precedes the Debtor's, Andrew Migell, most recent motion 1 seeking sanctions against a lawyer in Massachusetts, Robert J. O'Regan, for trying to collect a judgment debt against the Debtor's exempt homestead property 2 in violation of the automatic stay under 362 of the Bankruptcy Code. 3 Mr. O'Regan opposes this motion. 4 The Court partially will...
REPORT AND RECOMMENDATION TO GRANT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT UNDER NEW JERSEY'S TORT OF ANOTHER DOCTRINE ( No material factual disputes exist on ATN's fee shifting request under the Tort of Another Doctrine. ) KAREN S. JENNEMANN , Bankruptcy Judge . Plaintiff and Debtor, Advanced Telecommunication Network, Inc. ("ATN"), asserts two tort claims against Defendants, Flaster/Greenberg, P.C. and Peter Spirgel 1 (collectively, "Flaster"). 2 If proven, ATN seeks to recover its...
REPORT AND RECOMMENDATION TO DENY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON COUNTS VIII AND IX (Factual disputes exist as to damages on tort claims.) KAREN S. JENNEMANN , Bankruptcy Judge . Defendants, Flaster/Greenberg, P.C. and Peter Spirgel 1 (collectively, "Flaster"), seek summary judgment 2 on Counts VIII and IX asserted by Plaintiff/Debtor, Advanced Telecommunication Network, Inc. ("ATN"), in its Second Amended Complaint. 3 From 1996 through 1999, Flaster represented Daniel...
REPORT AND RECOMMENDATION TO DENY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON COUNTS II — VII (Factual disputes exist as to reasonably equivalent value.) KAREN S. JENNEMANN , Bankruptcy Judge . Defendants, Flaster/Greenberg, P.C. and Peter Spirgel 1 (collectively, "Flaster"), seek summary judgment 2 on Counts II through VII asserted by Plaintiff/Debtor, Advanced Telecommunication Network, Inc. ("ATN"), in its Second Amended Complaint. 3 From 1996 through 1999, Flaster represented...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon Bank of America's (the "Bank") Motion for Relief from the Automatic Stay with Respect to 200 th Street Property (the "Motion") (Doc. 27). The Court conducted a trial on the Motion on May 24, 2018. In lieu of oral argument, the Court directed the parties to submit proposed memoranda in support of their respective positions. Upon the evidence and the applicable law, the Court...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This proceeding came before the Court upon a Complaint seeking entry of a judgment determining that the claim held by Defendant is unsecured and any lien held by Defendant on Plaintiffs' real property is void and extinguished upon entry of a discharge in Plaintiffs' Chapter 13 case under 11 U.S.C. 506. The Court conducted a trial on May 30, 2018. Plaintiffs appeared at the trial along with their counsel. An...
MEMORANDUM OPINION AND ORDER GRANTING IN PART DEFENDANT REGIONS BANK'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT (Doc. Nos. 428 and 476) Caryl E. Delano , United States Bankruptcy Judge . Defendant Regions Bank ("Regions") has filed two factually and legally intertwined motions for partial summary judgment as to various counts of Plaintiff's Second Amended Complaint. 1 For the reasons that follow, the Court will grant the motions as to Plaintiff's constructive fraudulent transfer claims and...
MEMORANDUM DECISION AND ORDER SUSTAINING DEBTOR'S CLAIM OF EXEMPTION AND DISSOLVING CONTINUING WRIT OF GARNISHMENT ROBERTA A. COLTON , Bankruptcy Judge . After trial, the court considers Debtor Amit Bhalla's ("Mr. Bhalla") Claim of Exemption and Request for Hearing (the "Claim of Exemption") (Doc. 93), Mr. and Mrs. Bhalla's (together, the "Bhallas") Motion to Dissolve Writs of Garnishment (the "Motion") (Doc. 105), 1 Judgment Creditors China Central Television, China International...
MEMORANDUM OPINION ON MOTION TO EXTEND TIME TO FILE 2017 TAX RETURNS CATHERINE PEEK MCEWEN , Bankruptcy Judge . THIS CASE came on for consideration of the Debtor's Motion to Extend Time to File 2017 Tax Returns (the "Motion") (Doc. #61). The Debtor filed this case on March 2, 2018. The earliest date the Debtor was required to file his 2017 tax returns under nonbankruptcy law was April 17, 2018. 1 The Motion states that the Debtor and/or his tax preparer have filed with the appropriate...
MEMORANDUM DECISION Roberta A. Colton , United States Bankruptcy Judge . Christopher Bateman obtained a discharge in this chapter 7 case in 2014. His discharge included an old cell phone debt to Verizon Wireless Personal Communications, LP ("Verizon"). In early 2015, Verizon, acting through a debt collector, attempted to collect the discharged debt. Now, three years later, Mr. Bateman, on behalf of himself and others similarly situated, seeks to hold Verizon in contempt for violating this...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION PAUL M. GLENN , Bankruptcy Judge . THIS CASE came before the Court for trial on the Complaint to Except Debt from Defendant's Discharge Pursuant to 11 U.S.C. 523(a). Generally, a debt may be excepted from a debtor's discharge under 523(a)(2)(A) of the Bankruptcy Code for "actual fraud," if the debt was incurred by intentional deception or trickery. Also, a debt may be excepted from the debtor's discharge under 523(a)(4)...
MEMORANDUM OPINION PARTIALLY ALLOWING ATTORNEYS' FEES OF CREDITOR BANK OF WASHINGTON KAREN S. JENNEMANN , Bankruptcy Judge . This matter came before the Court at an evidentiary hearing on January 30, 2018, to consider Bank of Washington's Motion to Determine Post-Petition Amounts Due to Oversecured Creditor 1 under 506 of the Bankruptcy Code, 2 Motion by Cocoa Expo Sports Center, LLC ("Cocoa") to Determine Fees, 3 and the Debtors' Post Trial Memorandum. 4 The Court will partially...
