MEMORANDUM OPINION GRANTING TRUSTEE'S MOTION TO COMPEL DISCLOSURE (DOC. 163) AND MOTION FOR DETERMINATION OF CAUSE OF ACTION AS AN ASSET OF THE ESTATE (DOC. 164) KAREN K. SPECIE, Bankruptcy Judge. The Chapter 7 Trustee and the largest unsecured creditor, Thomas and Adele Daake (the "Daakes") are fighting over which of them can pursue and collect on claims against third parties. The Daakes, who have been trying to collect a $5-$6 million claim against the Debtor for years, recently filed a...
ORDER ON COMPLAINT WILLIAM S. SHULMAN, Bankruptcy Judge. This matter is before the Court on Vision Bank's complaint to determine the dischargeability of a debt pursuant to 523(a)(2)(A), (a)(4) and (a)(6). The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. At the close of the Plaintiff's evidence, the Defendant moved for a directed verdict on all counts of the complaint. The Court granted the Defendant's...
ORDER ON INTERNAL REVENUE SERVICE'S MOTION TO DISMISS THE INTERPLEADER LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER came before the Court on Defendant Internal Revenue Service's Motion to Dismiss the interpleader brought by the Sterling Mets, L.P. (the "Mets"). The Mets have named the Internal Revenue Service as a party in the interpleader, asserting that its sovereign immunity is waived pursuant to 28 U.S.C. 2410(a)(5). After the hearing on December 13, 2011, additional briefs...
