MEMORANDUM OPINION KAY WOODS, Bankruptcy Judge. Debtor Karen Elaine Neal 1 ("Debtor" or "Ms. Ross") filed a voluntary petition pursuant to chapter 7 of the Bankruptcy Code on March 11, 2009 (Doc. # 1, Main Case), and received a discharge on July 7, 2009 (Doc. # 24, Main Case). On June 18, 2010, Plaintiff Andrew W. Suhar, Trustee ("Plaintiff" or "Mr. Suhar"), filed Adversary Proceeding to Determine the Validity, Priority or Extent of a Lien or Other Interest in Property; to Avoid a...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Hearing on the Debtors' Motion To Disburse Funds held by the Chapter 13 Trustee to the Debtors. (Doc. No. 84). At the Hearing held on this matter, the Trustee objected to the Debtors' Motion, taking the position that any undisbursed funds should be distributed to creditors according to the terms of the Debtors' confirmed Chapter 13 plan. (Doc. No. 87). At the conclusion of the Hearing, the...
MEMORANDUM OF OPINION AND ORDER RANDOLPH BAXTER, Bankruptcy Judge. This matter is before the Court on the Motion for Relief from Stay (the "Motion") filed by creditor Trustar Funding, LLC ("Trustar"). The Debtor objects to this Court's jurisdiction to grant stay relief. This Court otherwise acquires core subject matter jurisdiction over this matter pursuant to 28 U.S.C. 157(a), (b)(1), 28 U.S.C. 1334 and General Order No. 84 of the District. After the conclusion of a duly noticed...
MEMORANDUM OF OPINION PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge. This dispute centers on the amount of money owed by the plaintiff-chapter 13 debtors Thin Duong and Sang Pham under an agreement that modified a promissory note: does it, or does it not, include an obligation to pay $100,000.00 at the term end The debtors say no, while the entity now entitled to enforce the note—defendant 1 U.S. Bank, N.A. as successor trustee to Bank of America, N.A., as successor by merger to LaSalle...
MEMORANDUM OPINION REGARDING COMPLAINT TO DETERMINE DISCHARGEABILITY OF STUDENT LOAN DEBTS KAY WOODS, Bankruptcy Judge. This cause is before the Court on Complaint to Determine Dischargeability of Debts ("Complaint") filed by Debtors/Plaintiffs Jeffrey Vincent Goodman and Deborah Lynn Goodman on May 3, 2010. The Debtors request the Court to find that their Student Loans 1 are dischargeable pursuant to 11 U.S.C. 523(a)(8) "because excepting such debts from discharge will impose an undue...
MEMORANDUM OF OPINION AND ORDER RANDOLPH BAXTER, Bankruptcy Judge. Before the Court is the Application of Brown Gibbons Lang & Company for Allowance of Compensation and Reimbursement of Expenses Pursuant to 330 and 503(b)(2). Huntington National Bank filed a limited objection to the Application. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (B) with jurisdiction further conferred by 28 U.S.C. 1334 and General Order No. 84 of this District. After considering...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after an Evidentiary Hearing on the Debtors' Objection to the Claim of Structured Investments Company, Claim No. 28. At the conclusion of the Hearing, the Court took the matter under advisement so as to afford the opportunity to further consider the evidence and arguments presented by the Parties. The Court has now had this opportunity, and for the reasons now explained, finds that the Debtors' Objection...
MEMORANDUM OPINION MARILYN SHEA-STONUM, Judge. This matter comes before the Court on a complaint filed by the chapter 7 trustee ("Plaintiff-Trustee") to determine the validity, priority and extent of liens on certain real property. A trial in this matter was held on December 20, 2010 during which evidence was presented in the form of exhibits as well as testimony from Robert Kuhn, defendant-debtor, and from Terrance Michael Blackley, a notary public and former employee of Lakeside Title &...
ORDER AND MEMORANDUM OF PRE-TRIAL CONFERENCE HELD ON February 16, 2011 JUDGE MARILYN SHEA-STONUM Based upon the representations of counsel, this adversary proceeding is to be dismissed, without prejudice, to its re-filing. During the pre-trial conference, Mr. Berger indicated that he does not object to such dismissal without prejudice. Accordingly, the Court indicated that, in lieu of a motion, plaintiff-trustee need simply file a notice of dismissal. IT IS SO ORDERED.
DECISION AND ORDER RICHARD L. SPEER, Judge. This cause comes before the Court after a Hearing on the Court's Order to Show Cause for Dismissal. The Show Cause Hearing was set by the Court to address a single issue: whether the Plaintiff was eligible to file this complaint since his underlying Chapter 13 Case had been Dismissed. At the conclusion of the Hearing, the Court took the matter under advisement so as to afford the opportunity to further consider the matter. The Court has now had...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Hearing on the Objection of the Debtor, Susan Ladd, to the Trustee's Motion for Turnover. (Doc. No. 28). By way of the Motion for Turnover, the Trustee, Ericka Parker, seeks the proceeds received by the Debtor, Mrs. Ladd, as a beneficiary on a life insurance policy owned by her deceased husband. (Doc. No. 19). At the Hearing held on the Debtor's Objection for Turnover, the Court afforded the...
MEMORANDUM OF OPINION AND ORDER RANDOLPH BAXTER, Bankruptcy Judge. This matter is before the Court on the Fee Application by Counsel for co-debtors Gilbert and Nancy Flemming (the "Application"). This Court acquires core matter jurisdiction over this matter pursuant to 28 U.S.C. 157(a), (b)(1), 28 U.S.C. 1334 and General Order No. 84 of the District. A hearing was held upon due notice to all entitled parties. After considering the record, generally, the following constitutes the Court'...
AGREED ORDER EXTENDING DATE OF DOCUMENT PRODUCTION AND RULE 2004 EXAMINATION MARY ANN WHIPPLE, Bankruptcy Judge Daniel M. McDermott, the United States Trustee for Region 9, (the "UST") and American Home Mortgage Servicing, Inc. ("AHMSI") hereby consent to the following, subject to Court approval: IT IS ORDERED that AHMSI is granted an extension of fourteen (14) days, or until February 2, 2011, by five o'clock (5:00) PM EST, to produce all the documents requested by the UST in the Exhibit A...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1) and 707(b)(3). (Doc. No. 17). The Debtors filed a response to the Motion, objecting to the Dismissal of their case. (Doc. No. 21). A Hearing was then held on the matter. (Doc. No. 22). At the conclusion of the Hearing, the Court deferred ruling on the Motion to Dismiss so as to afford the opportunity to...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1) and 707(b)(3). (Doc. No. 10). The Debtors filed a response to the Motion, objecting to the Dismissal of their case. (Doc. No. 18). A Hearing was then held on the matter. (Doc. No. 21). At the conclusion of the Hearing, the Court deferred ruling on the Motion to Dismiss so as to afford the opportunity to...
MEMORANDUM OF OPINION AND ORDER RANDOLPH BAXTER, Bankruptcy Judge. The matters before this Court is Confirmation of the Debtor's Chapter 11 Plan, the Debtor's Objections to Claims and the Debtor's Motions to Value Collateral and Avoid Certain Liens. Creditors Countrywide, Bank of America, Aurora Loan Services, Sovereign Bank, CitiMortgage, BAC, Deutsche Bank and Litton Loan Services filed Objections to Plan and Motions to Value and filed Responses to Debtor's Objections to Claims. Core...
MEMORANDUM OPINION REGARING DEBTORS' OBJECTION TO CLAIM NO. 4 CONCERNING ISUE OF SECURITY INTEREST KAY WOODS, Bankruptcy Judge. This cause is before the Court on Objection to Proof of Claim No. 4 of Wells Fargo Financial National Bank ("Objection to Claim") (Doc. # 21) filed by Debtors Roy Dale Adkins and Beth Ann Adkins on October 20, 2010. Wells Fargo Financial National Bank ("Wells Fargo") filed Response to Debtor's [sic] Objection to Proof of Claim (Claim # 4) and Request for Hearing ("...
