AMENDED MEMORANDUM TO DEBTOR LORI S. SIMPSON , Bankruptcy Judge . On February 5, 2020, Debtor filed a Motion for Violation of Automatic Stay Against the State of Maryland and City of Laurel Pursuant to 11 U.S.C. 362(a)(1), (a)(3), (a)(6) and (k), and Request for Hearing (the "Motion"). No opposition has been filed to the Motion. Nevertheless, the Court has reviewed the Motion and requires further information from the Debtor regarding the suspension of her license and the state-court...
MEMORANDUM TO DEBTOR LORI S. SIMPSON , Bankruptcy Judge . On February 5, 2020, Debtor filed a Motion for Violation of Automatic Stay Against the State of Maryland and City of Laurel Pursuant to 11 U.S.C. 362(a)(1), (a)(3), (a)(6) and (k), and Request for Hearing (the "Motion"). No opposition has been filed to the Motion. Nevertheless, the Court has reviewed the Motion and requires further information from the Debtor regarding the suspension of her license and the state-court trial that...
MEMORANDUM OPINION MICHELLE M. HARNER , U.S. BANKRUPTCY JUDGE . A chapter 11 reorganization involves a complex balancing of the rights of the business debtor and those of the debtor's various creditors. Rarely does any one party come out a clear winner. Rather, each party sacrifices something in the process, and some parties sacrifice more than others. The facts before the Court demonstrate this often-harsh reality. The Plaintiff in this adversary proceeding successfully reorganized its...
MEMORANDUM OPINION GRANTING JUDGMENT IN FAVOR OF DEFENDANT NANCY V. ALQUIST , U.S. BANKRUPTCY JUDGE . In this adversary proceeding, Plaintiff/Debtor Lisa Yvette Morris alleges that Defendant State Employees Credit Union ("SECU") violated the discharge injunction codified in 11 U.S.C. 524 by initiating a state court collections action against the Plaintiff and by sending the Plaintiff three letters after the Plaintiff had received a discharge in her bankruptcy case. The Court held a...
MEMORANDUM OF DECISION LORI S. SIMPSON , Bankruptcy Judge . Before the Court is the motion for summary judgment filed by plaintiff Janet Nesse, ECF 8, seeking summary judgment on Counts VII and VIII, as well as the Opposition filed by Patricio Antonio Geldre-Aburto and Hilda Harispe, ECF 9, the Response filed by Plaintiff Nesse, ECF 12, and the defendants' Response, ECF 13. A hearing was held on December 17, 2019. Plaintiff argues that the transfer of the property located at 21115...
MEMORANDUM TO COUNSEL DAVID E. RICE , Bankruptcy Judge . After consideration of counsel's response to the court's Order to Justify Fee, the record herein, and the particular facts and circumstances of this case explained in counsel's response, the court has determined to take no further action with respect to counsel's fee.
MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING DEFENDANTS' MOTION [ECF NO. 423] TO DISMISS COUNTS 3, 10, 16, AND 20 OF THE SECOND AMENDED COMPLAINT NANCY V. ALQUIST , U.S. BANKRUPTCY JUDGE . In this adversary proceeding, the Trustee seeks to avoid as fraudulent transfers certain agreements entered into between the Debtors and the Defendant Banks (including liability releases given to the Banks) and the transfer of hundreds of millions of dollars paid under certain of these agreements. The...
MEMORANDUM OPINION LORI S. SIMPSON , U.S. BANKRUPTCY JUDGE . Before the Court is the Debtor's Objection to Manor Care of Potomac MD, LLC's Proof of Claim [Dkt. No. 38] (the "Claim Objection") and the Opposition and Partial Objection to Exemption [Dkt. No. 46], filed by Manor Care of Potomac MD, LLC ("Manor Care"). This matter came before the Court for a hearing on August 6, 2019. At the conclusion of the hearing, the Court announced that it would take ruling on the Claim Objection and...
MEMORANDUM TO COUNSEL DAVID E. RICE , Bankruptcy Judge . After consideration of counsel's response to the court's Order to Justify Fee, the record herein, and the particular facts and circumstances of this case explained in counsel's response, the court has determined to take no further action with respect to counsel's fee. SO ORDERED.
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Before the court is Plaintiff Maria L. Mejia's motion for award of attorneys' fees and costs (the "Application") and the opposition filed by defendants Partners for Payment Relief LLC ("PPR") and Partners for Payment Relief DE III LLC ("DE III") (collectively, the "Defendants"). ECF 156, 160. For the reasons set forth herein, the Application will be granted in part and Ms. Mejia will be awarded fees in the amount of $387,732...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Plaintiff State of Maryland Central Collection Unit seeks to except from discharge under 11 U.S.C. 523(a)(2)(A) a debt owed to it by debtor and defendant Joseph Thomas Johnson, Jr. Plaintiff contends that defendant intentionally misrepresented his employment status in order to obtain unemployment benefits, as has been determined by the Secretary of the Department of Labor, Licensing and Regulation ("DLLR") in what is now a...
MEMORANDUM OPINION LORI S. SIMPSON , Bankruptcy Judge . This adversary proceeding arises from a failed international trade venture spearheaded by Defendant, Fred Yen Ming Chu ("Mr. Chu") and focuses on loans (the "Loans") Plaintiff, Fu Quan Li ("Mr. Li"), provided Mr. Chu, through Mr. Chu's wife and co-defendant, Meiyu Anna Chu ("Ms. Chu") in furtherance of that venture. Plaintiff objects to the dischargeability of debt arising from Defendants' default on the Loans pursuant to 11 U.S.C....
MEMORANDUM OPINION ON MOTION TO RECONSIDER LORI S. SIMPSON , Bankruptcy Judge . Before the Court is the Motion to Reconsider Motion for Summary Judgment or for Alternative Relief [Dkt. No. 37] (the "Motion to Reconsider"), filed by Plaintiff, Fu Quan Li. In the Motion to Reconsider, Plaintiff argues that the Court made an error of law in denying his Motion for Summary Judgment [Dkt. No. 14]. For the reasons that follow, the Court disagrees with Plaintiff's assertion that it made an error...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, QUIETING TITLE AND DECLARING OWNERSHIP OF REAL ESTATE ROBERT A. GORDON , UNITED STATES BANKRUPTCY JUDGE . I. Introduction The question presented by this Adversary Proceeding is whether, because there are no longer any traces of vigorous, intermittent, or even docile, agricultural or educational activities initiated or pursued by the Debtor/Defendant, Sojourner Douglas College, Inc. (Sojourner)...
MEMORANDUM ORDER DENYING MOTION TO REOPEN NO ASSET CHAPTER 7 CASE TO ADD CREDITOR THOMAS J. CATLIOTA , Bankruptcy Judge . The Debtor has moved to reopen this closed, no asset case. The motion represents that the Debtor failed to list Gateway Financial Services ("Creditor") on any schedule of creditors, and the Debtor is now at risk to collection action by the Creditor. Therefore, the Debtor seeks to reopen this case to amend the Debtor's schedules to add the Creditor. No grounds exists to...
MEMORANDUM OPINION MICHELLE M. HARNER , Bankruptcy Judge . An individual debtor often files a chapter 13 case to try to save a home from foreclosure. A debtor may accomplish this objective by, among other things, curing prepetition arrears on the mortgage through a confirmed chapter 13 repayment plan while making timely postpetition payments on the mortgage directly to the mortgage lender. This approach requires the debtor to make two different payments each month, namely one to the...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Debtor Tony Massenburg objects to the Trustee's Final Report filed by the Chapter 7 Trustee, Roger Schlossberg. ECF 316. As pertinent here, the debtor contends that the Final Report does not provide a distribution to him for two exemptions he claims in real estate. For the reasons stated below, the court concludes that the debtor has been paid the claimed exemptions, and therefore overrules his objection to the Final Report....
MEMORANDUM OPINION LORI S. SIMPSON , Bankruptcy Judge . Before the Court is the Motion to Dismiss Involuntary Petition [Dkt. No. 6] (the "Motion to Dismiss") filed by petitioning creditors, Electrical Workers Local No. 26 Pension Trust Fund, Electrical Welfare Trust Fund, Electrical Local No. 26 Joint Apprenticeship and Training Trust Fund, Electrical Workers Local No. 26 Individual Account Fund and The National Electrical Benefit Fund National Electrical Contractors Association (the "...
MEMORANDUM OPINION GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY AND OVERRULING OBJECTION TO CLAIM ROBERT A. GORDON , Bankruptcy Judge . I. Background The Debtor commenced this case on March 14, 2018. 1 Most of the Debtor's Schedules, and his Chapter 13 Plan (Plan), were filed on April 6, 2018 2 (Dkt. Nos. 18-27). In Part 1, subsection 2.1 on Schedule D (Creditors Who Have Claims Secured by Property), the Debtor answered the questions by, among other things, (a) listing an "unknown"...
MEMORANDUM OPINION DAVID E. RICE , U.S. BANKRUPTCY JUDGE . Joshua Matthews ("Matthews") was the founder of Bulk Head Brewing Company, LLC ("BHB"), a failed start-up craft brewing business. Scott and Leah Crocker invested $ 52,000 in equity interests in BHB in August and September of 2016. Scott Crocker ("Crocker") later guaranteed a $ 100,000 loan by Howard Bank to BHB in January of 2017. Ultimately, BHB never opened for business and Crocker paid $ 98,560.13 in November of 2017 to...
