MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the complaint filed by the plaintiff Plumber's Edge, Inc. ("PEI"), also known as J.I.T., Inc., against the defendant John Edward Veino (the "Debtor"). PEI seeks a determination that a judgment owed by the Debtor to PEI is excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(A) and/or (a)(4), or, alternatively, denial of the Debtor's discharge pursuant to 11 U.S.C. 727(a)(...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion to Dismiss 1 filed by the defendant Envoy Mortgage, Ltd. ("Envoy") and the Trustee's Objection to the Defendant's Motion to Dismiss 2 (the "Objection"), filed by the plaintiff Mark P. Cornell (the "Trustee"), Chapter 7 trustee of the bankruptcy estate of Licka Hosch. Through his complaint, the Trustee seeks a declaration that by virtue of his recording a notice...
MEMORANDUM OPINION J. MICHAEL DEASY , Bankruptcy Judge . I. INTRODUCTION Before the Court are two motions of the Debtor: (1) "Motion of Debtor for Fees to be Paid by St. Mary's Bank as a Sanction to Attorney for Guylaine L. Taal" (Doc. No. 165) (the "Fee Shifting Motion") 1 and (2) "Application for Fees Pursuant to Court Order (Doc. No. 152) Entered October 27, 2015" (Doc. No. 162) (the "Fee Application"). In the Fee Shifting Motion, the Debtor requests that the Court order St. Mary's...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the complaint filed by the plaintiff Brenda J. Greene ("Greene"), as Executrix of the Estate of Brian H. Shaw ("Shaw"), against defendant James B. Shaw (the "Debtor"). Shaw was the Debtor's father. Greene seeks a determination that a debt for contribution owed by the Debtor to Shaw's probate estate is excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(B). The Court...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION The Court has before it the complaint of creditor Robert Browne ("Browne") seeking to deny debtor Peter Lombard (the "Debtor") a discharge pursuant to 11 U.S.C. 727(a)(3), (a)(4)(A), and (a)(5). 1 The Court held a trial on the complaint on January 21, 2016. For the reasons set forth below, the Court finds that Browne failed to carry the burden of proof on his claims and that the Debtor will not be denied a...
MEMORANDUM OF DECISION Henry J. Boroff , United States Bankruptcy Judge . Before the Court is the "Debtors' Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology Corp." (the "Summary Judgment Motion"), filed by the debtors-in-possession in these jointly administered Chapter 11 proceedings. Tera Xtal Technology Corp. ("TXT") 2 seeks administrative expense priority for a claim in excess of $3.6 million in the debtors' cases based on alleged lost profits caused...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Michael S. Askenaizer, the chapter 7 trustee (the "Trustee") of the bankruptcy estate of Catco Recycling, LLC ("Catco" or the "Debtor"), has filed a motion (Doc. No. 26) (the "Motion") seeking summary judgment in his favor against Jean Anderson ("Anderson" or the "Defendant") with respect to Counts I through VI of his amended complaint (Doc. No. 23) (the "Complaint"). Specifically, the Trustee seeks a determination...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION In this proceeding the Court must determine whether the transfer of $60,741.84 by the Debtor, Jeffrey C. Pollack, was fraudulent pursuant to 11 U.S.C. 548(a)(1)(B) or (e)(1) and/or 11 U.S.C. 544(b)(1) and RSA 545-A:4(I)(b) as alleged by the Plaintiff, Timothy P. Smith, the chapter 7 trustee (the "Trustee"), and, if avoidable, whether it can be recovered in accordance with the provisions of 11 U.S.C. 550(...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION The Court has before it a dispute between Francis M. Williams (the "Debtor") and Ya Cai, the Debtor's former wife. Ya Cai filed a proof of claim in the Debtor's chapter 13 bankruptcy case ("POC 10"), which asserts a priority claim for a $20,000 debt arising from the parties' divorce. The Debtor objected to the proof of claim (Doc. 19) (the "Objection"), contending that the claim is simply a general unsecured claim...
