OPINION JUDITH H. WIZMUR, Chief Judge. Before the court is the Chapter 7 trustee's motion to disgorge fees previously paid in the course of the administration of the Chapter 7 bankruptcy estate to a property management company retained by the trustee to service property owned and operated by the debtor. Because the services were performed in the ordinary course of the debtor's business under 363(c)(1) of the Bankruptcy Code, and because such payments are not subject to disgorgement, the...
MEMORANDUM DECISION MICHAEL B. KAPLAN, Bankruptcy Judge. I. INTRODUCTION This matter comes before the Court on a confirmation hearing filed by the Debtor, Michael Joseph Konowicz ("Debtor") with respect to the Debtor's proposed Chapter 13 Plan ("Plan"). American Express Bank, FSB ("American Express"), a creditor of the Debtor, filed an Objection to Confirmation, raising three points: (1) the Debtor is not devoting his entire disposable income to fund the Plan, (2) the Debtor has filed...
NOT FOR PUBLICATION OPINION RAYMOND T. LYONS, Bankruptcy Judge. INTRODUCTION The Debtors propose to strip off the condominium association's lien claim which is purportedly secured solely by equity in the Debtors' principal residence. Additionally the Debtors propose to cramdown the claim to zero because there is no equity in the property above the first mortgage. Because the New Jersey Super Lien Law grants the association a lien with priority over the mortgage for up to six months of...
MICHAEL B. KAPLAN, Bankruptcy Judge. Counselors: This matter is before the Court upon the motion ("Motion") of Francisco and Anna Rodriguez ("Debtors") for damages stemming from the alleged willful violation of the automatic stay by Countrywide Home Loans, Inc. ("Countrywide") pursuant to 11 U.S.C. 362(k). The Court has reviewed the pleadings submitted and entertained oral argument on January 10, 2012. 1 The Court issues the following ruling: I. Jurisdiction At the time the Debtors...
