MEMORANDUM OF DECISION AND ORDER REGARDING MOTION OF DEFENDANT THE HUNTINGTON NATIONAL BANK FOR SUMMARY JUDGMENT JOHN P. GUSTAFSON , Bankruptcy Judge . This cause is before the court on Defendant The Huntington National Bank's ("Huntington" or "Bank") Motion for Summary Judgment ("Motion") [Doc. #24], filed on January 3, 2014. The Affidavit of David Bartlett was filed as Exhibit A to the Motion, and the Credit and Security Agreement between Huntington, Medcorp, Inc., and Medcorp E.M.S....
MEMORANDUM OF DECISION REGARDING MOTION TO REOPEN MARY ANN WHIPPLE , Bankruptcy Judge . This case is before the court on Debtor's Motion to Reopen Case ("Motion") [Doc. # 22], objections filed by Sunrise Cooperative, Inc. ("Sunrise") and Central States, Southeast and Southwest Areas Pension Fund ("Central States") [Doc. ##25 & 34], and Debtor's response to Sunrise's objection [Doc. # 26]. Debtor seeks an order to reopen this Chapter 7 case in order to file a motion to avoid two judicial...
MEMORANDUM OPINION REGARDING CREDITOR AUTO LOAN, INC.'S OBJECTION TO CONFIRMATION OF DEBTOR'S CHAPTER 13 PLAN AND DEBTOR'S OBJECTION TO AUTO LOAN, INC.'S CLAIM ALAN M. KOSCHIK, Bankruptcy Judge. I. JURISDICTION The Court has jurisdiction in this case, and over the two contested matters at issue concerning Creditor Auto Loan, Inc.'s (the "Creditor") Objection [docket #15] to Debtor Raymond L. Kemmery's (the "Debtor") Chapter 13 Plan [docket #5], and the Debtor's Objection to the Creditor'...
MEMORANDUM OF DECISION AND ORDER REGARDING OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION IN 46' SEARAY BOAT JOHN P. GUSTAFSON, Bankruptcy Judge. This case is before the court on the Objection of Chapter 7 Trustee Louis Yoppolo to the Debtor's claim of a homestead exemption in a 46 foot Sea Ray boat. [Doc. #10]. An evidentiary hearing was held on July 21, 2014. William C. Aubiel [hereinafter "Debtor" or "Mr. Aubiel"], Debtor's counsel, and the Chapter 7 Trustee appeared in person at the hearing....
MEMORANDUM OF OPINION RUSS KENDIG, Bankruptcy Judge. The issue in this case is how to calculate household size for the purpose of the means test. The facts involve recurring issues relating to children from multiple parent sets living part-time at different locations. For the reasons that follow, the court selects the "economic unit" test for household size and decides in favor of the chapter 13 bankruptcy trustee. Brian Alan Skiles ("Debtor") filed a voluntary chapter 13 petition and...
MEMORANDUM OF OPINION PAT E. MORGENSTERN-CLARREN, Chief Judge. The plaintiff-chapter 7 debtor Alethea Lamento brought this adversary proceeding seeking a determination that her student loan debt of about $72,000.00 is dischargeable under 11 U.S.C. 523(a)(8) because repaying the loans would be an undue hardship. The two defendants, the United States of America, on behalf of the U.S. Department of Education, and Educational Credit Management Corporation, contest the complaint. For the...
ORDER FINDING NATIONSTAR MORTGAGE LLC IN CONTEMPT FOR VIOLATION OF THE DISCHARGE INJUNCTION AND IMPOSING SANCTIONS Kay Woods , United States Bankruptcy Judge. This cause is before the Court on Motion for Contempt for Violation of the Discharge Injunction and for Sanctions Pursuant to FRBP 3002.1 ("Motion for Contempt") (Doc. 41) filed by Debtor Amber Lynn Luzier on February 28, 2014. The Court held a hearing on the Motion for Contempt on October 2, 2014, at which appeared: Philip D....
