MEMORANDUM OF OPINION RUSS KENDIG, Bankruptcy Judge. Now before the court is Advantage Bank's objection to Debtor's claimed homestead exemption in residential real estate. The court has jurisdiction of this case under 28 U.S.C. 1334 and the general order of reference entered in this district on July 16, 1984, now superseded by General Order 2012-7 dated April 4, 2012. In accordance with 28 U.S.C. 1409, venue in this district and division is proper. This is a core proceeding pursuant to...
ORDER AUTHORIZING COMPROMISE AND SETTLEMENT OF DISPUTE MARILYN SHEA-STONUM, Bankruptcy Judge. This matter comes before the Court upon the Trustee's Motion to Compromise and Settle Dispute. The Trustee stated that Mr. Creeger has operated a business entity known as DBC Ventures, Inc. which, in turn, was or is the owner of a Sanford Rose Franchise. The entity specializes in recruiting and job placement. The Trustee observed that within reasonable proximity to the date of bankruptcy filing the...
ORDER DENYING FIFTH THIRD MORTGAGE COMPANY'S MOTION TO BE EXCUSED FROM FILING A NOTICE OF PAYMENT CHANGE PURSUANT TO FRBP 3002.1(b) KAY WOODS, Bankruptcy Judge. This cause is before the Court on Fifth Third Mortgage Company's Motion to be Excused from Filing a Notice of Payment Change Pursuant to FRBP 3002.1(b) ("Motion to Excuse Notice") (Doc. #36) filed by Fifth Third Mortgage Company ("Fifth Third") on June 27, 2012. This Court has jurisdiction pursuant to 28 U.S.C. 1334 and the...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Trial on the Plaintiff/Debtor's Complaint to Determine Dischargeability. At issue at the Trial was whether the Plaintiff, Cindy Sue Pinckley Wolph, was entitled to receive a discharge of a number of educational debts pursuant to the "undue hardship" standard as set forth in 11 U.S.C. 523(a)(8). At the conclusion of the Trial, the Court deferred ruling on the matter so as to afford the...
MEMORANDUM OPINION REGARDING CHAPTER 7 TRUSTEE'S MOTION TO EFFECTUATE EXECUTION OF OIL AND GAS LEASE KAY WOODS, Bankruptcy Judge. This cause is before the Court on Motion to Effectuate Execution of Oil and Gas Lease ("Motion to Lease") (Doc. # 52) filed by Andrew W. Suhar, Chapter 7 Trustee ("Trustee"), on May 24, 2012. The Debtors Shannon J. Cassetto and Frank A. Cassetto, Jr. ("Debtors") filed Response to Trustee's Motion to Effectuate Execution of Oil and Gas Lease ("Response") (Doc. # 56)...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Trial on the Plaintiffs' Complaint to Determine Dischargeability. The Plaintiffs' Complaint is brought pursuant to the statutory exceptions to dischargeability set forth in 11 U.S.C. 523(a)(2) and 523(a)(4). Respectively, these provisions operate to except from discharge any debt incurred by a debtor's fraud, and any debt arising from a debtor's misappropriation of another's property. At the...
MEMORANDUM OF OPINION AND ORDER PAT E. MORGENSTERN-CLARREN, Chief Judge. The Senior Noteholders 1 move to have $950,000.00 of their fees and expenses allowed as an administrative expense under 11 U.S.C. 503(b) based on their having made a substantial contribution in these chapter 11 cases. 2 The debtors support the motion, 3 while the Federal Deposit Insurance Corporation, as Receiver of AmTrust Bank (FDIC), and the United States trustee (UST) object. 4 For the reasons stated below,...
AGREED ORDER ON DEBTOR'S MOTION FOR REDEMPTION KAY WOODS, Bankruptcy Judge. This matter came on for consideration upon Plaintiff's Motion for Redemption under 11 U.S.C. 722 (Doc. #10). The parties are agreed that Byrider Finance, LLC, d/b/a CNAC, has a first and best secured position on the 2000 Pontiac Sunfire automobile, VIN #1G2JB5243Y7409161 which Debtor seeks to redeem, and the parties are further agreed that the appropriate redemption value is Two Thousand Four Hundred Eighty-two...
NOT INTENDED FOR PUBLICATION MEMORANDUM OF OPINION RUSS KENDIG, Bankruptcy Judge. On November 30, 2011, the court issued an opinion and order finding that Plaintiff, the chapter 7 trustee, could waive Debtors' attorney-client privilege. On January 4, 2012, Defendants, Debtors' bankruptcy counsel, moved for an extension of the time to file leave to appeal that decision pursuant to Federal Rule of Bankruptcy Procedure 8002(c)(2). The court has jurisdiction of this proceeding pursuant to 28 U....
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Trial on the Plaintiff/Debtor's Complaint to Determine Dischargeability. At issue at the Trial was whether the Plaintiff, Adam T. Malone, was entitled to receive a discharge of an educational debt pursuant to the "undue hardship" standard as set forth in 11 U.S.C. 523(a)(8). At the conclusion of the Trial, the Court took the matter under advisement so as to afford the opportunity to fully...
