FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER DISMISSING CASE BRUCE T. BEESLEY, Bankruptcy Judge. Debtor filed the "Application Pursuant to 11 U.S.C. 327(a), Fed. R. Bankr.P. 2014(a), 2016(b) and 5002, and Local Rule 2014, Authorizing the Retention and Employment of Darby Law Practice, Ltd. as Counsel to the Debtor" on May 21, 2013. (Dkt. 9.) The Acting United States Trustee filed the "US Trustee's Motion to Dismiss Case" on May 31, 2013. (Dkt. 16.) On June 13, 2013, creditor Commercial...
OPINION SANCTIONING ATTORNEY ANTHONY J. DELUCA FOR FAILING TO REPRESENT WAYNE A. SEARE IN THIS ADVERSARY PROCEEDING 1 BRUCE A. MARKELL, Bankruptcy Judge. I. INTRODUCTION ..............................................................170 II. DETAILED FACTS ............................................................171 A. The St. Rose Litigation ...............................................171 B. The Garnishment .......................................................171 C. The...
OPINION DISAPPROVING REAFFIRMATION AGREEMENTS BRUCE A. MARKELL, Bankruptcy Judge. I. INTRODUCTION These cases each present a common factual scenario: debtors who wish to reaffirm a car loan that exceeds the value of the car that serves as collateral. The debtors each wish to reaffirm the loan because a car is, among other things, essential to keeping their employment. Even though all debtors are current on their payments, they fear repossession because their purchase contracts make a...
ORDER DENYING TRUSTEE'S MOTION FOR TURNOVER OF ARBITRATION FUNDS AND TO REVOKE ABANDONMENT ON ORDER SHORTENING TIME 1 MIKE K. NAKAGAWA, Bankruptcy Judge. On October 10, 2012, the court heard the Motion for Turnover of Arbitration Funds and to Revoke Abandonment on Order Shortening Time ("Turnover Motion"). The appearances of counsel were noted on the record. At the conclusion of the hearing, the court took the matter under submission. BACKGROUND On or about April 14, 2004, Aharon Roni Sas (...
OPINION OVERRULING OBJECTION TO PROOF OF CLAIM AND GRANTING RELIEF FROM THE AUTOMATIC STAY BRUCE A. MARKELL, Bankruptcy Judge. I. FACTS ......................................................................258 A. The Home Loan ..........................................................258 B. The Bankruptcy Proceedings .............................................259 1. The Proof of Claim and the Objection ...............................259 2. The Second Allonge ........................
