{ Nature of Proceeding Objection to Third Amended Plan (Doc. #57)} OPINION JOHN J. THOMAS , Bankruptcy Judge . Susan Breitner, the Debtor, has filed a Chapter 13 Plan in the hope of addressing an arrearage on a reverse mortgage created by the failure to stay current with property taxes, insurance, etc. Pursuant to the terms of the plan, the exact amount of the total cure is dependant on the outcome of a pending adversary against the mortgagee, CIT Bank, N.A., scheduled for Trial in this...
OPINION Motion for Determination of Secured Status/Valuation of Security (Doc. #21) AND Objection to Mortgage Payment Change (#31) JOHN J. THOMAS , Bankruptcy Judge . Pending for disposition is Debtors' Motion for Determination of Secured Status (Doc. #21) and Objection to Mortgage Payment Change (Doc. #31). Both matters are filed against USDA — Rural Housing Service, Debtors' mortgagee. The Motion attempts to strip down Debtors' mortgage to the USDA from the approximate $160,000 balance...
Motion Seeking Leave to Object to Proofs of Claim; Claims No. 1 and 2 OPINION The Honorable Henry W. Van Eck , Judge . In this case the court considers the Motion of Joyce S. Whiteley ("Whiteley") Seeking Leave to Object to Proofs of Claim filed by Susan J. Hildebrand ("Hildebrand") and Kevin E. Keefer ("Keefer"). Whiteley has filed a proof of claim in this case and is asserting standing to file the objections pursuant to section 502(a) of Title 11, U.S.C. 1 The Chapter 7 Trustee,...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . (BI) The Plaintiff seeks a finding of non-dischargeability for its claim against the Debtor/Defendant for medical benefits paid to him and his dependents. It is alleged that the benefits were paid based upon the Debtor's fraudulent misrepresentations as to his marital status. On motion, I will dismiss the Complaint, with leave to amend. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and...
OPINION Defendants' Motion to Compel Responses to Discovery (Doc. #61) JOHN J. THOMAS , Bankruptcy Judge . The above-named Defendants have moved to compel discovery against the Plaintiff, the Chapter 7 Trustee, William G. Schwab. The essence of the underlying Complaint alleges that the Defendants, together with the Debtor(s), operated as a single entity so that their assets, and presumably all of their debts, should be consolidated under this bankruptcy. Counts were also added regarding...
OPINION [Doc. #32], [Doc. #16], [Doc. #20], [Doc. #14], [Doc. #24], [Doc. #16] Motion for Section 105 Sanctions and Disgorge Counsel Fees JOHN J. THOMAS , Bankruptcy Judge . On June 13, 2018, in response to a sanction request, I issued an Opinion that [Respondents] Tanribilir and Law Solutions Chicago LLC, trading as Upright Law LLC, should be sanctioned for filing three bankruptcy petitions without first securing signatures on those documents from their clients. I find that the...
Nature of Proceeding: Motions to Dismiss Adversary Proceeding OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge (BI). Chapter 13 Debtor filed a three-count adversary Complaint claiming a creditor, creditor's servicing agent, and creditor's counsel violated the automatic stay, Debtor's confirmed Chapter 13 Plan, and the Fair Debt Collection Practices Act. In separate motions, all of the Defendants moved to dismiss the adversary Complaint. For the reasons stated below, the US Bank...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge (bi). This is a non-dischargeability Adversary Proceeding. One of the Plaintiffs purchased a number of weapons and collectibles from the Debtor/Defendant. The Complaint alleges that the provenance of the purchased items was misrepresented by the Debtor/Defendant. Count II of the Complaint alleges non-dischargeability under the fiduciary exception and Count III alleges non-dischargeability due to willful and malicious injury. On the...
Complaint to Deny Discharge Pursuant to 11 U.S.C. 523(a)(2), 523(a)(4), and 523(a)(6) OPINION JOHN J. THOMAS , Bankruptcy Judge . Transcontinental Refrigerated Lines, Inc., (TRL), through its liquidating agent, Lawrence V. Young, Esquire, has filed a Complaint seeking a finding that a certain federal court judgment against the Debtor, Stephen P. Hrobuchak, Jr., (Hrobuchak), is non dischargeable. (Doc. #1.) 1 Initially, Hrobuchak was not represented in this dischargeability action....
OPINION 1 { Nature of Proceeding : Objection (#402) to Fee Application of Accountants for the Trustee (#401)} { Nature of Proceeding : Objection (#272) to Fee Application of Accountants for the Trustee (#271)} JOHN J. THOMAS , Bankruptcy Judge . For resolution are Objections to Fee Applications filed by the Accountants, Herbein + Company, Inc., duly appointed in the above-captioned bankruptcy cases. The objections are identical and were championed by Donna Courrege, the daughter of...
Nature of Proceeding: Motion for Summary Judgment OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge (BI) . Plaintiff, John P. Neblett ("Neblett"), Chapter 7 trustee for the bankruptcy estate of the Debtor, AEH Trucking LLC ("Debtor"), filed a three count Complaint against the United States of America, acting by and through the Internal Revenue Service ("IRS"). Neblett seeks the avoidance and recovery of alleged preferential transfers from the IRS. Alternatively, he seeks turnover of...
OPINION {Nature of Proceeding : Objection (#57) to Debtor's Third Amended Plan (#54)} JOHN J. THOMAS , Bankruptcy Judge . The Debtor, Melanie Kohli, seeks confirmation of her Third Amended Chapter 13 Plan. A creditor, Joel Mortimer, has objected. Mortimer is the former spouse of the Debtor. While the Objector makes vague reference to the "bad faith" of the plan, the thrust of the Objection and the hearing thereon focuses on the Objector's contention that all of Debtor's projected...
{ Nature of Proceeding : Motion for Section 105 Sanctions and Disgorge Counsel Fees} OPINION John J. Thomas , Bankruptcy Judge . Law Solutions Chicago LLC, trading as Upright Law LLC, (which I will refer to as Upright Law or, simply, Upright), is an Illinois-based entity "partnering" with over 400 lawyers nationwide providing consumer bankruptcy services to 6000 plus individuals throughout the country. That entity, and its regional partner, Kevin Tanribilir, (hereinafter "Tanribilir"),...
OPINION Motion to Determine Postpetition Mortgage Fees, Expenses, & Charges of Guaranteed Bank (Doc. #38) JOHN J. THOMAS , Bankruptcy Judge . In the Chapter 13 case of William and Lori Ann Stanley, their secured creditor, Guaranteed Rate, Inc., filed a Notice of Post Petition Mortgage Fees, Expenses, and Charges pursuant to Federal Rule of Bankruptcy Procedure 3002.1(c). Guaranteed asserts postpetition obligations of $1,550.00 in attorney's fees and $2.68 in costs are due against the...
Motion to Dismiss Second Amended Complaint (Doc. #21) OPINION 1 JOHN J. THOMAS , Bankruptcy Judge . By an earlier Opinion and Order both dated February 23, 2018, the Court granted the Defendants' Motion to Dismiss the above-captioned adversary proceeding. The Court had found that the allegations of the Complaint failed to adequately state a cause of action under 11 U.S.C. 523(a)(2)(A). Nonetheless, the Court gave the Plaintiff leave to file a Second Amended Complaint should it choose...
OPINION { Nature of Proceeding : Complaint Objecting to Dischargeability under 11 U.S.C. 1328} JOHN J. THOMAS , Bankruptcy Judge . The Plaintiff, Solar Innovations, Inc., has filed a Complaint to Determine Dischargeability against the Defendant, J. Michael Plevyak, a Chapter 13 debtor. Its Complaint arises out of circumstances leading to a state court judgment against Plevyak in the amount of $1,182,361.31. At the time of trial on dischargeability, Solar Innovations, offered no...
OPINION 1 Document No. 14 & 15 Motion to Dismiss Adversary Proceeding. ROBERT N. OPEL, II , Bankruptcy Judge . Allen J. Meyer ("Debtor") filed a two-count Complaint seeking sanctions for alleged noncompliance with Federal Rule of Bankruptcy Procedure 3002.1 and violations of the discharge injunction. In separation motions, all of the Defendants moved to dismiss the Complaint. I will grant Wells Fargo Bank, N.A.'s ("Wells Fargo") Motion to Dismiss as to Counts I and II. The Motion to...
OPINION 1 JOHN J. THOMAS , Bankruptcy Judge . The Answer and Affirmative Defenses to the Complaint filed at adversary docket #10 was met by Plaintiff's Motion to Strike. (Doc. #12) Plaintiff asserts that Defendant did not properly respond to 32 of the 76 paragraphs of the complaint. The responses were characterized by the Plaintiff as follows: (1) responses which state that a document speaks for itself (see answers to 8-10, 13-15, 18-25, 27, 28, 30, 31, 34, 35, 38, 39, 41, 67), and (2)...
OPINION JOHN J. THOMAS , Bankruptcy Judge . The Debtor, Susan Breitner, has filed a Complaint against CIT Bank, N.A. CIT is described as a "holder and/or servicer of a first lien priority mortgage against the Debtor's residence." The adversary centers around whether the Debtor was properly subjected to force place insurance 1 , as well as other expenses and efforts by CIT or its agents. Count I asks for a determination of secured status and also doubles as an objection to the CIT proof...
Nature of Proceeding: Motion to Employ Counsel to Pursue Fraudulent Conveyance Action and Preference Action against Ashley Demeza OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . A creditor in this Chapter 13 case moved to employ counsel and to be granted derivative standing to file an avoidance action. The Motion was opposed by the Chapter 13 Trustee and the Debtor. Additionally, the Debtor seeks sanctions against the creditor, including the award of attorney's fees. To the...
