OPINION Objection to First Amended Chapter 13 Plan (Doc. #42) JOHN J. THOMAS , Bankruptcy Judge . An Objection has been filed to the Chapter 13 plan of David and Margaret Coates by Hans Jurgen Meuser and Manfred Kissel, Objectors. While no evidence was offered at the confirmation hearing nor briefs filed in support of their respective positions, there were some relevant facts alleged that do not appear to be in dispute. The Debtors and Objectors are parties to an agreement to convey an...
Nature of Proceeding: Motion for Summary Judgment OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . Plaintiff, Franklin County Area Development Corporation ("FCADC"), filed a two count Complaint against the Debtor, Edge Pennsylvania, LLC ("Debtor") and BB&T Bank ("BB&T") seeking declaration of a landlord's lien on equipment superior to BB&T's security interest, or in the alternative, a declaration of rent due from BB&T. BB&T moved for summary judgment and the Debtor joined in the...
OPINION { Nature of Proceeding: Movant/Claimant's Amended Motion to Reconsider and Vacate Order Disallowing Proof of Claim (Doc. #70)} { Nature of Proceeding: Objection to Amended Chapter 13 Plan (Doc. #66)} JOHN J. THOMAS , Bankruptcy Judge . The Claimant, Quicken Loans, Inc, has filed a Motion to Reconsider a ruling of this Court adjudicating claims litigation, wherein I disallowed a portion of Quicken's claim. Quicken Loans is a secured creditor of the Chapter 13 Debtor,...
OPINION 1 Defendant's Motion to Dismiss (Doc. #5) JOHN J. THOMAS , Bankruptcy Judge . The Plaintiff, United States of America, initiated this adversary proceeding by filing a Complaint to Determine the Nondischargeability of a certain debt under 11 U.S.C. 523(a)(2). This Complaint was met by a Motion to Dismiss under Bankruptcy Rule 7012(b)(6) for failure of the Complaint to state a case as a matter of law. In considering a motion to dismiss, the Rule is that "once a claim has been...
OPINION Defendant's Motion to Dismiss Second Amended Complaint (Doc. #25) JOHN J. THOMAS , Bankruptcy Judge . Mary Golphin filed for relief under Chapter 7 on August 27, 2016. At issue is the Second Amended Complaint of Debtor, Mary Golphin. The Complaint is filed against Wells Fargo Bank, N.A., who has responded with a Motion to Dismiss (Doc. #25). In the Plaintiff-Debtor's Memorandum of Law in opposition to the Defendant's Motion to Dismiss, the Debtor has concurred with dismissal...
OPINION John J. Thomas , Bankruptcy Judge . The pre-bankruptcy background of this case has created a unique scenario that is relatively uncommon to the bankruptcy court. Briefly, the Debtor, Ross Roggio, and his non-debtor ex-spouse, Kristy Lynn Merring f/k/a Kristy Lynn Roggio, entered into a marital property settlement agreement prior to the bankruptcy. Real estate was presumably transferred to the Debtor pursuant to that agreement. After that settlement, but before filing bankruptcy,...
OPINION Complaint for Sale, Turnover, Violation of Automatic Stay and Injunctive Relief JOHN J. THOMAS , Bankruptcy Judge . The Debtor, Ross William Roggio, has filed a multiple count Complaint against the United States of America, his ex-spouse, Kristy Roggio a/k/a Kristy Merring, and BMW Financial Services NA, LLC. Debtor has also filed a Motion for a Preliminary Injunction. (Doc. #17). In lieu of filing a response to the Complaint or the Motion for a Preliminary Injunction, the United...
OPINION 1 John J. Thomas , Bankruptcy Judge . Under consideration are the Debtor's Objections to Proofs of Claim Nos. 3, 9, 10, 13, and 14, found on the docket at entries numbers 181, 182, 183, 184, and 186. At the initial hearing on the objections scheduled on June 8, 2017, the Trustee objected to the standing of the Debtor to object to proof of claims. The Court took that issue under advisement but allowed the Debtor to advance its objections. No evidence was presented by the Debtor...
First and Final Fee Application of Counsel to Chapter 7 Trustee Document No. 155 OPINION 1 JOHN J. THOMAS , Bankruptcy Judge . On November 11, 2014, John J. Martin, Trustee in the above-captioned Chapter 7 case filed an Application to appoint himself as counsel for the Chapter 7 Trustee. This application was approved by the Court by Order dated November 19, 2014. No party in interest appealed the November 19, 2014 Order. On March 13, 2017, counsel for the Trustee filed a First and...
Debtors' Objection to Proof of Claim No. 5-3 of CitiMortgage (Doc. #118) First Amended Complaint — Count I (Doc. #28) OPINION JOHN J. THOMAS , Bankruptcy Judge . This litigation, begun in 2013, was initiated by George and Jollette Garnier, the Debtors, against Citimortgage, Inc., over a mortgage and note originally executed by the male Debtor and subject to a confirmed Chapter 13 plan. The Complaint was Amended on November 26, 2014 changing the Plaintiff to George Daniel Garnier. While...
OPINION JOHN J. THOMAS , Bankruptcy Judge . Section 1325 of the Bankruptcy Code directs the Court to confirm a plan if a number of requirements are met. At issue in the above cases are two of those requirements. First, the plan must comply with the provisions of Chapter 13 and other applicable provisions of the statute, and second, the plan must be proposed in good faith and not by any means forbidden by law. 11 U.S.C. 1325(a)(1) and (3). The Chapter 13 Trustee, Charles J. DeHart, III,...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . In this non-dischargeability action, the Chapter 13 Debtor moved to dismiss both counts of the Second Amended Complaint. For the reasons stated below, I will deny the Motion to Dismiss with respect to Count One which is based upon the 11 U.S.C. 523(a)(2)(A) fraud exception. The Motion will be granted, with prejudice, with respect to Count Two which is grounded upon the 11 U.S.C. 523(a)(4) 2 fiduciary exception. I. Jurisdiction...
OPINION Defendants' Motion to Dismiss Complaint (Doc. #10) JOHN J. THOMAS , Bankruptcy Judge . The Debtor, Lloyd Jones, has filed an adversary complaint against his mortgagee bank, U.S. Bank, N.A. entitled Complaint to Determine Secured Status, Objection to Proof of Claim and for Declaratory Judgment. It is a two Count Complaint. Count I asks that I determine secured status and stands as an Objection to Proof of Claim #6 filed by U.S. Bank. Count II basically asks that I confirm Debtor's...
{ Nature of Proceeding : Motion to Amend Objection to Debtor's Chapter 13 Plan (Doc. # 64)} OPINION John J. Thomas , Bankruptcy Judge . A creditor, N.V.E., Inc., has filed a Motion (Doc. #64) seeking to amend its earlier Objection to Debtor's Chapter 13 Plan (Doc. # 24) to be a complaint objecting to dischargeability. While not specifically articulated in the Motion, the apparent reason for this request is that the deadline to file a complaint objecting to dischargeability has...
OPINION 1 JOHN J. THOMAS , Bankruptcy Judge . The Plaintiff initiated this adversary proceeding by filing a Complaint to determine the non-dischargeability of a certain debt under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). This Complaint was met by a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) as made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7012. In considering a motion to dismiss, the Rule is that "once a claim has been...
{ Nature of Proceeding : Objection to Proof of Claim No. 14 (Doc. # 37) } { Nature of Proceeding : Objection to Proof of Claim No. 15 (Doc. # 45) } OPINION John J. Thomas , Bankruptcy Judge . The above captioned matters set forth two separate cases raising similar issues of law that will be disposed of in this one Opinion. The Debtors, James Pangaro and Brenda Rivera, filed a Chapter 13 bankruptcy in this district on September 15, 2015. The proof of claim deadline was set...
OPINION Objection to Claim No. 1 (Doc. #24). JOHN J. THOMAS , Bankruptcy Judge . In this case, the Trustee, Charles J. DeHart, III ("Trustee") has filed an objection to the proof of claim of LVNV Funding, LLC ("Claimant") alleging that the unsecured claim is not enforceable because the statute of limitations has run. The Claimant has defended by saying that its claim was filed before confirmation of the plan, and the Trustee is estopped from challenging the claim after confirmation. The...
OPINION 1 Plaintiff's Motion for Summary Judgment (Doc. #9). JOHN J. THOMAS , Bankruptcy Judge . Pending before me is a Motion for Summary Judgment filed by William G. Schwab, as Chapter 7 Trustee of J3 Energy Group, Inc. against the Defendants, Rodman R. Heckman, III and Keystone Consulting Partners. The Court has reviewed the Motion, as well as the documents in support and in opposition to the Motion filed thereto, and finds the Motion should be denied. The Court finds the better...
Plaintiff's Motion for Summary Judgment (Doc. #9) OPINION 1 JOHN J. THOMAS , Bankruptcy Judge . Pending before me is a Motion for Summary Judgment filed by William G. Schwab, as Chapter 7 Trustee of J3 Energy Group, Inc. against the Defendant, Applied Energy Partners, LLC. The Court has reviewed the Motion, as well as the documents in support and in opposition to the Motion filed thereto, and finds the Motion should be denied. The Court finds the better course to follow would be to...
OPINION MARY D. FRANCE , Bankruptcy Judge . Before me is the Amended Motion to Convert Case to Chapter 7 ("Motion") filed by Stephanie E. Chertok ("Chertok") and the Answer filed by Richard E. and Linda L. Phelan ("Debtors"). For the reasons set forth below, the Motion is denied and the Motion of the Chapter 13 Trustee to dismiss Debtors' case is granted. 1 I. Facts and Procedural History Debtors filed their petition under Chapter 13 on September 23, 2015. At the time the petition was...
