MEMORANDUM OF DECISION ON CHAPTER 7 TRUSTEE'S EXPEDITED APPLICATION FOR PRELIMINARY INJUNCTION MELVIN S. HOFFMAN, Bankruptcy Judge. Joseph Baldiga, the chapter 7 trustee and plaintiff in this adversary proceeding, seeks an order enjoining all defendants as well as all entities, including trusts, which they control from transferring, encumbering or spending any of their assets except as necessary for living expenses with respect to the individual defendants and in the ordinary course of...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Fifty-Third and Final Application for Allowance of Attorneys' Fees and Reimbursement of Expenses by Andrews Kurth LLP Attorneys for the Chapter 7 Trustee" 1 (the "AK Application") filed by Andrews Kurth LLP ("Andrews Kurth"), counsel to Dr. Ben S. Branch ("Dr. Branch"), the Chapter 7 trustee, 2 the "Chapter 7 Trustee's Final Application for Allowance of Compensation" 3 (...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before me is the "Motion for Leave to File Late Objection to Debtor's Chapter 13 Plan" (the "Motion") filed by The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2004-6 (the "BNY"), and the "Debtor's Response to the Motion to File Objection to Confirmation" (the "Response") filed by Paul A. Hoey (the "Debtor")....
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the First Amended Complaint for Determination of Dischargeability of Indebtedness (the "Complaint") pursuant to 11 U.S.C. 523(a)(1)(C) filed by Neil Rossman ("Rossman" or the "Debtor"). Through his Complaint, Rossman seeks a judgment determining that assessed but unpaid federal income tax liabilities for the tax year 1986 and the assessed and unassessed interest and penalties with respect to those...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Motion of Chapter 13 Trustee For Order Dismissing Case" (the "Motion to Dismiss") filed by Carolyn Bankowski (the "Trustee"), the Chapter 13 trustee, and the "Debtors' Affirmative Responses to Motion of Chapter 13 Trustee For Order Dismissing Case" (the "Response") filed by the Douglas Cromwell, Jr. and Mary Cromwell (the "Debtors"). The Trustee seeks dismissal pursuant to...
MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS COMPLAINT AND ON PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT FRANK J. BAILEY, Bankruptcy Judge. By her amended complaint in this adversary proceeding, Leilani Zutrau, sister of debtor and defendant Eric Zutrau, seeks a determination that the balance he owes her on five promissory notes, totaling $427,522.90, is excepted from discharge under 11 U.S.C. 523(a)(2)(A) as debt arising from fraud or false...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before me is the "Defendants' Motion to Dismiss the Complaint" (the "Motion to Dismiss") filed by Bank of America, N.A. ("BANA"), as successor by merger to BAC Home Loans Servicing, LP f/k/a/ Countrywide Home Loans Servicing, LP, and Federal National Mortgage Association a/k/a Fannie Mae ("Fannie Mae") (collectively, the "Defendants") and the "Opposition to Defendants' Motion to Dismiss" (the "...
MEMORANDUM OF DECISION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT, MOTION TO AVOID JUDICIAL LIEN, AND OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION FRANK J. BAILEY, Bankruptcy Judge. By its complaint in this adversary proceeding, the plaintiff contends that the defendant debtor obtained $ 124,200 from Bank of America on the false pretense that her former home equity line of credit was still open and, therefore, that the resulting debt to the plaintiff is excepted from discharge. The...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FRANK J. BAILEY, Bankruptcy Judge. By Count I of her complaint in this adversary proceeding, the chapter 13 trustee, Carolyn Bankowski (the "Trustee"), exercising her "strong arm power" under 11 U.S.C. 544(a)(3), seeks to avoid the mortgage held by defendant Wells Fargo Bank, N.A. ("Wells Fargo") on the debtors' residence. On the same basis, she also objects in Count II to Wells Fargo's proof of claim insofar as it claims...
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. I. INTRODUCTION This is an action by the chapter 7 trustee against debtor Ernest J. Felice, his sister, and his father to establish the bankruptcy estate's interest in certain family trusts; in the final count, the trustee also objects to the debtors' discharge. The issues before the Court are, as to each count, (1) whether the bankruptcy court has authority under 28 U.S.C. 157 to enter a final order; (2) whether that authority...
MEMORANDUM OF DECISION ON DEFENDANTS' MOTIONS TO DISMISS MELVIN S. HOFFMAN, Bankruptcy Judge. Defendants, Deutsche Bank National Trust Company, Ablitt Scofield, P.C., CitiResidential Lending Inc., and Argent Mortgage Company LLC have moved, pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to this adversary proceeding by Fed. R. Bankr.P. 7012, to dismiss each of the remaining counts of a six-count complaint of plaintiff-debtor, Albert J. Porst ("Mr. Porst" or the "debtor"). 1 Mr. Porst...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Trustee's Notice of Intention to Amend Terms and Conditions of Kenneth S. and Margaret M. Peirce Revocable Trust" 1 (the "Notice to Amend") and the "Application of Chapter 7 Trustee to Employ Real Estate Broker" 2 (the "Application to Employ") filed by Donald R. Lassman (the "Trustee"), the Chapter 7 trustee, the "Debtor's Emergency Motion, (1) To Compel Chapter 7 Trustee...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION Two matters are before the Court: 1) the Motion for Summary Judgment filed by Deutsche Bank National Trust Company, as Trustee for WAMU Mortgage Pass-Through Certificates Series 2004-AR4 ("Deutsche Bank") and JPMorgan Chase Bank, N.A. ("Chase"), as the loan servicer for Deutsche Bank (jointly, the "Defendants"); and 2) the Defendants' Motion to Strike Forensic Audit Report. The Plaintiff, Laura Sheedy ("Sheedy," the "Debtor," or...
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM JUDGMENT ON COMPLAINT FOR CIVIL CONTEMPT FRANK J. BAILEY, Bankruptcy Judge. The chapter 13 debtor, Stephen Angelo ("Angelo"), has moved for an order vacating a judgment of contempt that was entered against him by the Massachusetts Probate and Family Court (the "Probate Court") on a postpetition complaint by his ex-wife for enforcement of certain debts under their divorce judgment. Angelo argues that vacatur is required because the contempt...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. The "Application of L. Jed Berliner for Approval of Compensation and Expenses as Counsel to the Debtor" (the "Fee Application") returns to this Court on remand from the United States District Court for the District of Massachusetts to consider whether "special circumstances" existed in the bankruptcy case of Wayne Eric Puffer (the "Debtor") to justify the filing of a fee-only Chapter 13 plan. 1 This Court finds none. I. FACTS AND...
MEMORANDUM OF DECISION ON MOTIONS OF APURV GUPTA AND VICTOR MUNGER FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIMS MELVIN S. HOFFMAN, Bankruptcy Judge. Apurv Gupta and Victor Munger, senior executives of the debtor, Quincy Medical Center, Inc. ("QMC"), filed substantively similar motions seeking allowance of administrative expense claims under Bankruptcy Code 503(b)(1), 11 U.S.C. 503(B)(1), for severance pay due them under QMC's Executive Severance Policy dated January 1, 2011. After an...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the three-count Amended Complaint filed by Plaintiffs, Arsenia Rodrigues, Carmen Mendoza, Jose Alvarez (collectively, the "Individual Plaintiffs"), Altman Riley Esher LLP, and Greater Boston Legal Services (collectively, the "Plaintiffs"), against Diego A. Osorno, d/b/a Su Casa Y Mas, d/b/a/ Your Home Mortgage (the "Defendant" or the "Debtor") pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4) and (a)(6)....
MEMORANDUM OF DECISION ON DEBTOR'S OBJECTION TO PROOF OF CLAIM OF ONEUNITED BANK FRANK J. BAILEY, Bankruptcy Judge. The matter before the Court is the Objection of the Debtor, Charles Street African Methodist Episcopal Church of Boston ("CSAME"), to proof of claim no. 10 (the "Claim"), filed by OneUnited Bank ("OneUnited"). CSAME objects to the default interest portion of the claim, arguing that it is amounts to an unenforceable penalty. After an evidentiary hearing 1 and on the basis of...
MEMORANDUM OF DECISION AND ORDER ON DEBTOR'S MOTION FOR DESIGNATION OF VOTES OF ONEUNITED BANK FRANK J. BAILEY, Bankruptcy Judge. The chapter 11 debtor, Charles Street African Methodist Episcopal Church ("CSAME" or "the Debtor"), has moved under 11 U.S.C. 1126(e) to designate the votes cast by secured creditor OneUnited Bank ("OneUnited") against CSAME's plan of reorganization and, by virtue of designation, to disregard the objections to confirmation of the plan that OneUnited has made...
MEMORANDUM OF DECISION AND ORDER ON MOTION OF ONEUNITED BANK TO DISMISS CHAPTER 11 CASE FRANK J. BAILEY, Bankruptcy Judge This case is before the court on the motion of creditor OneUnited Bank ("OneUnited") under 11 U.S.C. 1112(b)(1) to dismiss the case on the basis that the debtor, Charles Street African Methodist Episcopal Church of Boston ("CSAME"), is not eligible under 11 U.S.C. 109(d) to be a debtor in this bankruptcy case. OneUnited argues that CSAME, though in form a corporation,...
