DECISION ON APPLICATION OF DEBTOR AND DEBTOR-IN-POSSESSION TO EMPLOY Q ADVISORS AS INVESTMENT BANKER WILLIAM C. HILLMAN, Bankruptcy Judge. Trans National Communications International, Inc. ("Debtor") has applied to the Court for authority to retain Q Advisors "as investment banker in connection with marketing the Debtor's business operations." 1 The Official Committee of Unsecured Creditors (the "Committee") objected. 2 I held a hearing on December 7, 2011, and took the application under...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a "Motion For Leave to File Statement of Claim for Administrative Expense Pursuant to 11 U.S.C. Section 503(b)(9)" (the "Motion") filed by A.L. Prime Energy Consultant, Inc. ("Prime"). This case presents an issue of first impression in this Circuit: whether a bankruptcy court has the discretion to allow the late filing of a request for payment of a claim asserting priority under 503(b)(9) of the Bankruptcy...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION This matter comes before the Court after a status conference requested by the plaintiff Holly A. Reich (the "Plaintiff") regarding a perceived inconsistency in my Memorandum of Decision dated July 20, 2011 (the "Decision"), in which I denied both parties' motions for summary judgment. Upon reconsideration, I find that in light of the findings of fact and conclusions of law included in the Decision, summary...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Plaintiff's Renewed Motion to Substitute (the "Motion to Substitute") filed by the plaintiff, Joseph Butler (the "Trustee"), Chapter 7 trustee of the estate of C.R. Stone Concrete Contractors, Inc. (the "Debtor"), and the Memorandum of Charles G. Krattenmacher, Jr. in Opposition to Plaintiff's Renewed Motion to Substitute (the "Opposition") filed by Charles G. Krattenmacher,...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Defendant's Motion for Summary Judgment" (the "Motion for Summary Judgment") filed by the defendant, JPMorgan Chase Bank, N.A. (the "Defendant") and the "Trustee's Opposition to JPMorgan's Motion for Summary Judgment" (the "Opposition") filed by the plaintiff Warren Agin (the "Trustee"), Chapter 7 trustee of the estate of Sheila M. Adams (the "Debtor"). Through the Motion for...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Defendant Carl W. Tucci's Motion for Summary Judgment Pursuant to Fed. R.Civ.P. 56" (the "Motion for Summary Judgment") filed by the debtor, Carl W. Tucci (the "Debtor") and the "Brief of Plaintiff, Sampson Lumber Co., Inc., in Opposition to Motion for Summary Judgment of Defendant, Carl W. Tucci" (the "Opposition") filed by the plaintiff, Sampson Lumber Co., Inc. (the "...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Plaintiff, Donna DiMare's Motion for Summary Judgement [sic]" (the "Motion for Summary Judgment") filed by Donna M. DiMare (the "Debtor"), the "Defendant Option Mortgage Corp.'s Opposition to the Plaintiff's Motion for Summary Judgment [sic] Cross-Motion for Partial Summary Judgment" (the "Cross-Motion") filed by the defendant Option One Mortgage Corporation ("Option One"),...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matters before the Court for determination are the Debtors' Modified First Amended Joint Plan of Reorganization (the "Plan") and the Objection to Confirmation of the Plan filed by Prudential Insurance Company of America ("Prudential"). 2 Interested party, the City of Boston (the "City"), supports confirmation of the Plan. The Debtors are SW Boston Hotel Venture, LLC ("SW"), Auto Sales & Service, Inc. ("Auto Sales"), General...
MEMORANDUM OF DECISION AND ORDER DISMISSING CASE MELVIN S. HOFFMAN, Bankruptcy Judge. On May 22, 2009 David and Denise Durham commenced their first bankruptcy case under Chapter 13 of the United States Bankruptcy Code (11 U.S.C. 101 et seq. ). In their amended Chapter 13 plan, the Durhams proposed to pay their unsecured creditors a 1.37% dividend and to pay in full their pre-petition mortgage arrearages to two secured creditors—Everhome Mortgage Company and Digital Federal Credit Union. On...
DECISION ON MOTION TO AVOID JUDICIAL LIEN WILLIAM C. HILLMAN, Bankruptcy Judge. Debtor Donald F. Drew ("Debtor") filed a motion, pursuant to 11 U.S.C. 522(f)(1) and MLBR 4003-1, seeking to avoid the judicial lien of Beacon Electrical Distributors, Inc. ("Beacon"), on Debtor's principal residence in Braintree, Massachusetts (the "Property") 1 . Beacon objected. 2 After a hearing, I took the motion under advisement. I now hold that a further evidentiary hearing is necessary. Facts 3 On...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. The matter at hand requires this Court to visit, once again, the protracted contest between Access Cardiosystems, Inc. ("Access"), together with certain of Access's individual investors (the "Investors"), and Access's founder and former shareholder, officer, and director, Randall Fincke. Through their complaint, as amended (the "Complaint"), Access and the Investors sought damages for, inter alia, Fincke's alleged violation of...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is an "Application for Approval of Debtor's Counsel's Fees and Expenses" (the "Fee Application") and an "Amendment" to the Fee Application (the "Amendment") (together, the "Amended Fee Application") filed by Attorney L. Jed Berliner ("Attorney Berliner"), counsel to Jose Luis Claudio, Sr., the debtor in this Chapter 13 bankruptcy case (the "Debtor"). In the Amended Fee Application, Attorney Berliner seeks allowance of...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a "Motion for Judgment on Partial Findings" (the "Motion for Judgment"), filed by defendant Deutsche Bank National Trust Company, Trustee under the Pooling and Servicing Agreement Series ITF Series NBAS 2006-C ("Deutsche Bank"). By its Motion for Judgment, Deutsche Bank alleges that plaintiffs David and Linda Giza (together, the "Gizas") have failed to offer sufficient credible evidence to support the essential...
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. By his complaint in the adversary proceeding, the chapter 7 trustee, Warren Agin ("Agin"), seeks to avoid under 11 U.S.C. 547(b) and preserve for the estate the transfer by the debtor, Lana Ruel (the "Debtor"), to the Turner Family Irrevocable Trust (the "Trust") of a mortgage on her home to secure payment of a promissory note in the amount of $67,000. The defendants, all of whom are siblings of the Debtor and at all relevant time...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Chapter 7 Trustee's Motion for Summary Judgment" (the "Motion for Summary Judgment") filed by the plaintiff Donald Lassman (the "Trustee"), Chapter 7 trustee of the estate of William H. Swift (the "Debtor"), and the "Response of Defendant Debtor, William H. Swift, to Chapter 7 Trustee's Motion for Summary Judgment and Request for Judgment in His Favor" (the "Cross Motion")...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court for determination is the "Motion of The Prudential Insurance Company of America for an Order Authorizing the Application of Payments Received during the Chapter 11 Cases to Payment of Postpetition Interest pursuant to Section 506(b) of the Bankruptcy Code" (the "506(b) Motion"). 2 Through its 506(b) Motion, The Prudential Insurance Company of America ("Prudential" or the "Secured Claimant"), which...
MEMORANDUM OF DECISION AND ORDER ON TRUSTEE'S OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION MELVIN S. HOFFMAN, Bankruptcy Judge. David W. Ostrander, chapter 7 trustee of the estate of Hye Goulakos, the debtor in this case, has objected to Ms. Goulakos's claim of a homestead exemption in property located in Dracut, Massachusetts. For the following reasons, I conclude that the debtor's claim of exemption is valid and will overrule the trustee's objection. Background In September of 1991, the...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the Second Amended Complaint (the "Complaint") filed by Douglas Cromwell, Jr., and Mary Cromwell (collectively, the "Debtors") against Countrywide Home Loans, Inc. ("Countrywide") and Mortgage Electronic Registration Systems, Inc. ("MERS") (jointly, the "Defendants") alleging violations of the Massachusetts Consumer Credit Cost Disclosure Act 1 (the "CCCDA"), as well as the...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Objection to Confirmation of Debtor's First Amended Plan of Reorganization Filed on April 27, 2011" (the "Objection") filed by Deutsche Bank National Trust Company 1 ("Deutsche Bank") and the "Response to Objection to Confirmation" (the "Response") filed by Dusan Pittner (the "Debtor"). Deutsche Bank objects to the Debtor's plan on the grounds that it is unfeasible, does not...
MEMORANDUM OF DECISION AND ORDER MELVIN S. HOFFMAN, Bankruptcy Judge. After the plaintiff, Sima Schwartz, presented her case in chief during the first day of the trial in this adversary proceeding, upon oral motion of the defendants, HomEq Servicing and Deutsche Bank National Trust Company, as Trustee, I granted judgment on partial findings in favor of the defendants on all counts of the complaint, pursuant to Fed.R.Civ.P. 52(c), made applicable to this proceeding by Fed. R. Bankr.P. 7052. Ms....
