AMENDED OPINION THOMAS L. PERKINS, Chief Judge. This case involves a dispute between the Debtor, Gary W. Scharp (DEBTOR), and Merlin Corporation (MERLIN), over the interpretation and effect of 11 U.S.C. 365(h)(1). As explained below, both parties attribute more significance to this provision than it deserves, as it has little to do with the ultimate resolution of their dispute. FACTUAL AND PROCEDURAL BACKGROUND In 1999 and 2000, the DEBTOR negotiated with MERLIN to obtain a franchise...
OPINION MARY P. GORMAN, Bankruptcy Judge. Before the Court is a Motion for Authority to Return Funds to Debtor filed by Jeffrey D. Richardson, who alleges that he is the Chapter 7 trustee in this reopened case. Mr. Richardson has possession of over $18,000 from an inheritance the Debtor received from his grandmother's estate. But, because no claims have been filed in this case, Mr. Richardson wants to return the funds to the Debtor. No creditor or party in interest has objected to Mr....
OPINION THOMAS L. PERKINS, Chief Judge. This matter is before the Court on the motion of the Debtor, Chester Shane McVay (DEBTOR), to dismiss the adversary complaint filed by Halliburton Energy Services, Inc. (HALLIBURTON), seeking a determination that its debt is nondischargeable and objecting to the DEBTOR'S discharge, for the reason that the complaint was not timely filed. The question presented is whether, when the time for filing a complaint objecting to the dischargeability of a debt...
OPINION THOMAS L. PERKINS, Chief Judge. Like many states, Illinois provides its citizens an exemption in proceeds from the sale of a homestead. It is an "expiring" exemption good for one year after receipt of the proceeds the purpose of which is to permit the proceeds to be reinvested in a new home. One question presented is whether a debtor who claims the exemption in homestead proceeds must intend to reinvest the proceeds in another home. The Court holds that he does not have to prove such...
