MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff AVB Bank ("AVB") seeks a determination that Defendant Elsie Marie Costigan's debts to it are excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). A trial on the merits was held jointly with AVB's adversary case against Costigan's ex-husband, Stephen L. Costigan, Adv. Case No. 16-8019-TRC. After careful review of the testimony and exhibits admitted, as well as the relevant legal arguments and...
ORDER REGARDING ATTORNEY FEES AND COSTS TOM R. CORNISH , Bankruptcy Judge . Before the Court for consideration is the Plaintiff's Application for Allowance of Attorney's Fees (Docket Entry 77), Defendant M & T Bank's Response (Docket Entry 78), and Plaintiff's Reply (Docket Entry 79.) After trial held February 16, 2017, this Court determined that Defendant M & T Bank had violated the discharge injunction under 11 U.S.C. 524(i) and awarded actual and punitive damages to Plaintiff Ridley,...
ORDER TOM R. CORNISH , Bankruptcy Judge . Before the Court is the Application for Attorney's Fees and Costs filed by the Plaintiff on March 24, 2017 (Docket Entry 17). After review, this Court finds that an award of costs to Plaintiff as prevailing party is appropriate, but declines to award attorney fees. Fed. R. Bankr. P. 7054 allows an award of costs to the prevailing party. Costs of $355.37 have been requested and this Court finds them to be appropriate in this case. However,...
MEMORANDUM OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Charles D. Ridley seeks an order from this Court finding that Defendant M & T Bank violated the automatic stay and discharge injunction. After conducting a trial in this matter, the Court finds that Defendant M & T Bank did violate the discharge injunction and should therefore be found in contempt of court. The Court also awards damages including lost wages, punitive damages and attorney fees to Ridley....
ORDER DISALLOWING PROOF OF CLAIM TOM R. CORNISH , Bankruptcy Judge . Before the Court is Trustee's Objection to Proof of Claim #13-1 of American Financial Resources, Inc., aka LoanCare, LLC (Doc. 64) with Brief in Support (Doc. 68), Response by Creditor American Financial Resources, Inc. (Doc. 66) and Supplemental Response (Doc. 69). The Court heard arguments of counsel and took this matter under advisement. Based upon its review of this case and applicable law, the Court finds that...
OPINION DISALLOWING PROOF OF CLAIM AND DENYING CONFIRMATION OF AMENDED PLAN TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . The Court is faced with two issues: 1) whether to allow an untimely proof of claim filed by the Debtor's home mortgage creditor, JPMorgan Chase Bank; and 2) whether to confirm the Debtor's Amended Plan which proposes to pay nothing on the mortgage debt but be deemed current on his mortgage at the conclusion of his chapter 13 plan. For reasons set forth below, the...
ORDER DENYING MOTION TO DISMISS FOR LACK OF JURISDICTION TOM R. CORNISH , Bankruptcy Judge . Several defendants seek an order from this Court dismissing this adversary proceeding for lack of both subject matter and personal jurisdiction. Plaintiff filed a complaint for interpleader relief requesting that the Court grant it the right to interplead parties and pay into the registry of the Court proceeds from a liability insurance policy wherein the Debtor is the primary named insured. After...
