LETTER-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . Before the Court is the motion of N-Liquidation, Inc., NT-Liquidation, Inc., NW-Liquidation, Inc., and MWD-Liquidation Inc. (collectively, "Debtor-Defendants") titled "Motion for Summary Judgment" pursuant to Rule 56(a) of the Federal Rules of Civil Procedure ("Fed.R.Civ.P"), as incorporated in Rule 7056 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P."). The Motion was filed in the above-referenced adversary...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , United States Bankruptcy Judge . Plaintiffs Kevin J. Kohout and Susan R. Kohout ("Debtors") commenced this adversary proceeding seeking a judgment to declare the mortgage lien held by Defendant Nationstar Mortgage LLC ("Nationstar") void by operation of 11 U.S.C. 506(d). 1 The parties have stipulated to all material facts and agree that the question to be decided by the Court is purely a question of law. Pending before the Court for...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . This contested matter is before the Court for decision following an evidentiary hearing on an objection to confirmation of the Third Amended Plan filed by Heidi Lea Powers ("Debtor"). The objection is based on Debtor's alleged lack of good faith in proposing a Chapter 13 plan and in filing her bankruptcy petition, as well as her alleged failure to contribute all of her projected disposable income to pay...
Memorandum-Decision and Order Granting Motion for Summary Judgment Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Before the court is an unopposed motion for summary judgment ("Motion") in which William K. Harrington, United States Trustee for Region 2 ("Plaintiff") seeks to deny Debtor Pierre T. Beaudry, II ("Debtor") a discharge under 11 U.S.C. 727(a)(2), (3) and (4). 1 For the reasons discussed below, the court awards Plaintiff summary judgment. Jurisdiction The...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . By the amended complaint of Plaintiff Mary Lannon Fangio, chapter 11 trustee ("Plaintiff" or "Trustee") of the Debtor estate of AJAX Integrated, LLC ("Debtor"), Trustee seeks to avoid Defendant DivLend Equipment Leasing, LLC's ("Defendant's" or "DivLend's") unperfected security interest in various items of equipment and vehicles pursuant to 11 U.S.C. 544. 1 Since the action was commenced, the parties have resolved...
Memorandum-Decision and Order Granting Motion for Default Judgment MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiff Roger Berman ("Plaintiff") filed this adversary proceeding seeking to deny the granting of a discharge to Ling Wang ("Debtor/Defendant") pursuant to 11 U.S.C. ("Bankruptcy Code" or "Code") 727(a)(2), (4), (6) and (11) and a determination of dischargeability pursuant to Bankruptcy Code 523(a). Debtor/Defendant failed to answer the complaint and Plaintiff has moved...
MEMORANDUM-DECISION AND ORDER Robert E. Littlefield, Jr. , United States Bankruptcy Judge . The matter before the court is a motion for partial summary judgment jointly filed by U.S. Bank as Trustee ("US Bank," "Defendant-Trustee," or the "Trustee") for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2004-19XS (the "Trust"), and Citimortgage, Inc., as servicer for the Trust ("Citi," "Defendant-Servicer," or "Servicer," and collectively with U.S. Bank,...
