OPINION GRANTING DEFENDANTS' MOTION TO DISMISS Daniel S. Opperman , United States Bankruptcy Judge . The Plaintiff, Josephine C. Bello, M.D., PLC ("Plaintiff"), filed this adversary proceeding seeking the turnover of funds held by Defendants, Alex Azar, the Secretary of the United States Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Wisconsin Physicians Service ("Defendants") 1 by virtue of certain recoupment rights claimed by Defendants....
NOT FOR PUBLICATION OPINION REGARDING CHAPTER 13 TRUSTEE THOMAS McDONALD'S OBJECTIONS TO CLAIMS NUMBER 6-1 AND 8-1 OF WANIGAS CREDIT UNION DANIEL S. OPPERMAN , Bankruptcy Judge . Procedural Background and Facts The Debtor filed a voluntary petition under Chapter 13 of the United States Bankruptcy Code on October 28, 2016. Wanigas Credit Union ("Wanigas") filed a Proof of Claim 6-1 in this case on December 14, 2016, in the amount of $12,086.55, secured by a 2007 Ford Edge motor vehicle....
Not for Publication OPINION REGARDING MOTION FOR SANCTIONS FILED BY CHAPTER 13 TRUSTEE THOMAS MCDONALD DANIEL S. OPPERMAN , Bankruptcy Judge . The Debtors, Troy and Jamie Simerson, filed this Chapter 13 case on December 22, 2016. On Schedule D, the Debtors list a joint secured debt in the amount of $119,568.00 owing to Lake Huron Credit Union ("Lake Huron") secured by real property located at 300 Colorado Ridge, Hemlock, Michigan. Lake Huron filed a Proof of Claim concerning this debt,...
OPINION AND ORDER DENYING THE SEPTEMBER 20, 2018 MOTION FILED BY JOHN D. HERTZBERG, ET AL. (DOCKET # 1096) Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the motion filed on September 20, 2018 by John D. Hertzberg, Hertzberg, PC, and Hertzberg, PLLC (collectively, the "Hertzberg Parties"), entitled "Corrected Motion of John D. Hertzberg, Hertzberg, P.C. and Hertzberg, PLLC To: (I) Compel Chapter 11 Trustee to Perform Her Duties and Pursue Recovery...
TRIAL OPINION Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction The Defendant in this adversary proceeding, Thomas Dewey French, filed a Chapter 7 bankruptcy case on January 6, 2017. In this adversary proceeding, the Plaintiff Daniel M. McDermott, United States Trustee, seeks a judgment denying Defendant French's discharge, based on the "false oath" provision in 11 U.S.C. 727(a)(4)(A) (Count II of Plaintiff's Complaint). 1 The Court held a bench trial, which was...
NOT FOR PUBLICATION OPINION GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Daniel M. McDermott, the United States Trustee, moves to dismiss this case because he argues that there is a presumption of abuse under 11 U.S.C. 707(b)(2) and because the totality of the circumstances warrant dismissal under 11 U.S.C. 707(b)(3). The Debtor, John M. DeAngelis, disagrees and has filed affidavits supporting his contention that there is no...
OPINION REGARDING DEBTORS' APPLICATION TO EMPLOY SPECIAL COUNSEL AND DEBTORS' MOTION TO INCUR DEBT Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction and background This case came before the Court for a hearing on September 27, 2018, on the Debtors' application entitled "Application for Order Authorizing Debtor, Nicole Blume's Employment of Loren Mannino and Mannino Martin for Non-Bankruptcy Legal Matters and Payment of Legal Fees and Costs," (Docket # 128, the "Special...
OPINION REGARDING APPLICATION FOR COMPENSATION OF GUDEMAN AND ASSOCIATES, P.C. DANIEL S. OPPERMAN , Bankruptcy Judge . Counsel for the Debtor filed an Application for Compensation requesting compensation of $111,170.00 and expenses of $1,928.07 for services incurred from November 15, 2017 through July 27, 2018 ("Application"). Creditors, Four Courts, Inc., Farley Manufacturing, Inc., and Anthony Gushow & Sons, Inc., object to this Application. The Court heard oral arguments regarding...
OPINION REGARDING THE DEBTORS' MOTIONS ENTITLED "MOTION FOR CIVIL CONTEMPT AND TO ENFORCE DISCHARGE INJUNCTION" Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction These two bankruptcy cases require the Court to decide whether certain claims, alleged in a state court lawsuit against two bankruptcy Debtors, were discharged in the Debtors' Chapter 7 bankruptcy cases. In these cases, the Debtors, Jamal Kalabat and Salam Kalabat, each obtained a discharge. Several years...
OPINION REGARDING THE HUNTINGTON NATIONAL BANK'S MOTION SEEKING SANCTIONS AGAINST THE DEBTOR'S ATTORNEY Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This Chapter 13 case was filed by the Debtor, Maurice M. Gorges ("Gorges") on December 17, 2014. The voluntary bankruptcy petition was signed by Gorges, and also by his attorney, Stuart Sandweiss ("Sandweiss"), of the law firm Sandweiss Law Center, P.C. (the "Sandweiss Firm"), and Sandweiss filed the petition for Gorges....
OPINION AND ORDER GRANTING IN PART DEBTOR'S MOTION FOR CONTEMPT AND SANCTIONS AGAINST SEVENTH AVENUE, INC. PHILLIP J. SHEFFERLY , Bankruptcy Judge . On March 2, 2018, the Debtors filed this Chapter 7 case. They disclosed a debt owed to "Seventh Avenue" on Schedule E/F, and included Seventh Avenue on the matrix. The certificate of notice of chapter 7 bankruptcy case indicates that Seventh Avenue received notice of the case on March 3, 2018 by the Bankruptcy Noticing Center. On June 11,...
TRIAL OPINION Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction The Defendant in these two adversary proceedings, Olivia Wise, filed a Chapter 7 bankruptcy case on April 14, 2017. In Adversary Proceeding Number 17-4535, the Plaintiff Daniel M. McDermott, United States Trustee, seeks a judgment denying Defendant's discharge, based on 11 U.S.C. 727(a)(2)(A) and 727(a)(4)(A) (Counts I and III of Plaintiff McDermott's Complaint). 1 In Adversary Proceeding Number 17-4534,...
OPINION GRANTING MOTION FOR RECONSIDERATION OF ORDER DISALLOWING CLAIM Phillip J. Shefferly , United States Bankruptcy Judge . Introduction In this Chapter 13 case, an unsecured creditor filed a proof of claim. The debtors filed an objection. Rather than respond to the objection, the creditor filed an amended proof of claim. Because the creditor did not timely respond to the objection, the debtors obtained an order disallowing the claim. The creditor filed a motion for reconsideration....
ORDER GRANTING IN PART DEBTOR'S MOTION TO REOPEN CASE AND SET ASIDE THE CONSENT JUDGMENT MARK A. RANDON , Bankruptcy Judge . After Debtor's house was damaged in a fire, she engaged the services of G&H Customs, LLC ("G&H") to make repairs. G&H is an unlicensed contractor. This would not have posed a problem if Debtor had paid G&H, in full, for the repairs. But that didn't happen. G&H alleges that several thousand dollars remain unpaid on its restoration contract ("the debt"), and Debtor...
OPINION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DANIEL S. OPPERMAN , Bankruptcy Judge . Plaintiff Jeffrey K. Roettger filed a Motion for Summary Judgment arguing that this Court should give a state court order preclusive effect and make a determination that the debt owed to him by Defendant Trina Kay Rakay is excepted from discharge pursuant to 11 U.S.C. 523(a)(2) due to fraud and under 11 U.S.C. 523(a)(5) for a domestic support obligation. Defendant disagrees that the state...
OPINION REGARDING DEFENDANT'S MOTION TO DISMISS DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Plaintiff Daniel M. McDermott, United States Trustee, seeks to have this Court deny Defendant a discharge under 11 U.S.C. 727(a)(2), (3), (4), and (5) as set forth in his complaint that is seventeen pages with sixty-seven paragraphs. Defendant Barrett Holloway Moore requests this Court dismiss this complaint for the failure to state a claim pursuant to Federal Rule of Civil Procedure 12(...
OPINION AND ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT (DKT. NOS. 28 AND 31) MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION AND BACKGROUND Distinctive Home Improvement, LLC made exterior renovations to residential and commercial buildings with a focus on roofing. Wimsatt Building Materials Corporation was one of Distinctive's primary suppliers of material. In 2010, Wimsatt entered into a Credit Agreement with Distinctive, through its corporate officer, Gary Smith. Wimsatt...
OPINION GRANTING IN PART AND DENYING IN PART MOTION FOR AN AWARD OF DAMAGES AND DISGORGEMENT OF ATTORNEY FEES Phillip J. Shefferly , United States Bankruptcy Judge . Introduction This matter is before the Court on a motion filed by joint debtors in a Chapter 13 case against their former attorney seeking an award of damages and disgorgement of attorney fees. For the reasons set forth in this opinion, the Court will grant some but not all of the relief requested in the motion....
OPINION REGARDING CHAPTER 13 TRUSTEE'S CONCURRENCE WITH DEBTORS' MOTION FOR ORDER TO SHOW CAUSE DANIEL S. OPPERMAN , Bankruptcy Judge . The Debtors, Jerry and Shannon Wagner, claimed that a creditor, Wildfire Credit Union ("Wildfire"), violated the automatic stay by denying the use of their Debit Visa Card issued by Wildfire and by requiring the Debtors to talk to Wildfire about their recent Chapter 13 filing. The Chapter 13 Trustee and the United States Trustee concurred with the Motion...
OPINION AND ORDER GRANTING BANK OF AMERICA'S MOTION TO ANNUL THE AUTOMATIC STAY MARK A. RANDON , Bankruptcy Judge . Debtor, Justine Fisher, obtained an interest in her father's real property. After he died, and as the personal representative of his probate estate, she executed a quit claim deed, transferring, to herself, his interest in the property. The problem: she believed there was only one mortgage on the property when, in fact, there were two. Bank of America ("the Bank") was the...
