OPINION AND ORDER DENYING THE DEBTOR'S MOTION TO REOPEN CASE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed February 20, 2020, entitled "Motion To Reopen Case" (Docket # 52, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and receive a discharge. The Motion was filed almost 12 months after this case was closed. The case was closed on...
OPINION AND ORDER DENYING THE DEBTOR'S EX PARTE MOTION TO REOPEN CASE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed March 9, 2020, entitled "Ex-parte Motion to Reopen Chapter 7 Case to Allow Entry Of the Certificate of Completion of the Financial Management Course" (Docket # 21, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and...
OPINION AND ORDER: (1) DENYING AS FUTILE PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT; AND (2) GRANTING DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION Robert Scott Grimm waited five months after the sheriff's auction of his home to file Chapter 7 bankruptcy and an adversary proceeding challenging the foreclosure sale. The bankruptcy filing extended Grimm's six-month redemption period for an additional 60 days, but lacking...
CORRECTED 1 OPINION DETERMINING TAX DEBT IS EXCEPTED FROM DISCHARGE Phillip J. Shefferly , United States Bankruptcy Judge . Introduction This matter is before the Court following a trial on a complaint to determine whether a Chapter 7 debtor's tax debt to the IRS is excepted from discharge under 523(a)(1)(C) of the Bankruptcy Code. For the reasons set forth in this opinion, the Court holds that the IRS has proven all the elements necessary to except the debt from discharge...
OPINION REGARDING THE DEBTOR'S MOTION FOR AN ORDER FINDING THE MICHAELIAN PARTIES IN VIOLATION OF THE AUTOMATIC STAY Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This case came before the Court for a hearing on January 29, 2020, on the Debtor's motion entitled "Debtor's Motion for Order Finding Creditors Judith Michaelian and the Estate of Marshall S. Michaelian in Violation of the Automatic Stay," filed on December 9, 2019 (Docket # 78, the "Motion"). Counsel...
OPINION DETERMINING TAX DEBT IS EXCEPTED FROM DISCHARGE PHILLIP J. SHEFFERLY , Bankruptcy Judge . Introduction This matter is before the Court following a trial on a complaint to determine whether a Chapter 7 debtor's tax debt to the IRS is excepted from discharge under 523(a)(1)(C) of the Bankruptcy Code. For the reasons set forth in this opinion, the Court holds that the IRS has proven all the elements necessary to except the debt from discharge under 523(a)(1)(C). Jurisdiction...
OPINION AND ORDER DENYING THE DEBTOR'S EX PARTE MOTION TO REOPEN CASE AND TO WAIVE MOTION FILING FEE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed February 3, 2020, entitled "Motion To Reopen Case and Waive Reopen Fee" (Docket # 22, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and receive a discharge. The Motion was filed more than...
OPINION REGARDING UNITED STATES TRUSTEE'S MOTION TO DISMISS THIS CASE UNDER 11 U.S.C. 707(b)(3) Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This is a no-asset Chapter 7 case — that is, the Chapter 7 Trustee has determined that there are no non-exempt assets he can administer for the benefit of creditors. But the Debtors, Wayne D. Meehean and Reda L. Meehean, have monthly Social Security income, that when combined with their other income, gives them the financial...
NOT FOR PUBLICATION OPINION AND ORDER GRANTING MOTION FOR RECONSIDERATION OF NORTHLAND AREA FEDERAL CREDIT UNION, SETTING ASIDE DECEMBER 18, 2019 ORDER, AND DENYING TRUSTEE'S MOTION FOR SANCTIONS (DOCKET NO. 87) DANIEL S. OPPERMAN , Bankruptcy Judge . Northland Area Federal Credit Union ("Northland") requests that this Court reconsider an Opinion Granting in Part and Denying in Part Motion of Chapter 13 Trustee for Sanctions Pursuant to Federal Rule of Bankruptcy Procedure 9011 and 28 U.S....
Not for Publication OPINION GRANTING PLAINTIFF GYPSUM SUPPLY COMPANY'S MOTION FOR SUMMARY JUDGMENT DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Before the Court is Plaintiff Gypsum Supply Company's Motion for Summary Judgment. The Defendant in this adversary proceeding is the Debtor Anthony Jerome Marinelli. Plaintiff filed this action under 11 U.S.C. 523(a)(4) and 523(a)(6) objecting to the dischargeability of debt. The instant Motion for Summary Judgment is brought pursuant...
ON REGARDING DEBTOR'S MOTION FOR CLARIFICATION OF EXEMPTIONS AND TRUSTEE'S OBJECTION TO EXEMPTIONS DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Debtors are allowed to amend their schedules freely and to claim the maximum exemptions allowed by the Bankruptcy Code. Here, Debtor Michael White has exercised this right by amending his Schedule C numerous times—eight times by the Trustee's count. The instant issue is whether the Debtor can exempt rent revenue generated by lease payments...
