Order Granting Creditors' Motions to Dismiss Under 11 U.S.C. 707(a) STEVEN RHODES, Bankruptcy Judge. The issue before the Court is whether the debtors, who earn, and spend, over $509,000 per year, are entitled to relief under chapter 7 of the bankruptcy code. The Court concludes that the answer is no. Accordingly, the Court finds that there is "cause" to dismiss this case under 11 U.S.C. 707(a). The case is therefore dismissed. I. The Debtors' Income The debtors' schedule I discloses...
OPINION REGARDING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF AGAINST THE INTERNAL REVENUE SERVICE (DOCKET # 18) THOMAS J. TUCKER, Bankruptcy Judge. This adversary proceeding came before the Court for an expedited hearing on November 23, 2010, on the Plaintiff's motion entitled "Plaintiff/Debtor's Motion for Injunctive Relief Enjoining the IRS from Engaging in Collection Activities" (Docket # 18, the "Motion"). At the conclusion of the hearing, the Court took the Motion under advisement. This...
Corrected Order Granting U.S. Trustee's Motion to Dismiss Under 11 U.S.C. 707(b) STEVEN RHODES, Bankruptcy Judge. I. The United States Trustee has filed a motion to dismiss this case for abuse under 11 U.S.C. 707(b). The debtor filed a response in opposition to the motion. For the reasons stated below, the motion is granted. Where debts are primarily consumer debts, as in this case, the court may, after notice and a hearing, dismiss a Chapter 7 petition "if it finds that the granting...
AMENDED OPINION * REGARDING DEBTOR'S MOTION FOR DAMAGES FOR COMERICA BANK'S ALLEGED VIOLATIONS OF THE DISCHARGE INJUNCTION THOMAS J. TUCKER, Bankruptcy Judge. The Debtor in this Chapter 7 case, Tom D. Johnson, obtained a discharge in 1997. Several years later, he filed a motion seeking more than $3 million in damages for alleged violations of the discharge injunction by a creditor, Comerica Bank ("Comerica"). 1 The Motion is based on Comerica's alleged attempt to enforce a security...
OPINION (1) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PHILLIP J. SHEFFERLY, Bankruptcy Judge. Introduction Ezroy C. Spencer ("Debtor") is a debtor in a Chapter 13 case. Maple Forest Condominium Association, a/k/a Red Maple Lane Association ("Maple Forest") is a creditor in the Debtor's Chapter 13 case. On February 8, 2010, Maple Forest filed a complaint seeking a declaration that certain debts...
