MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . After just over 100 days in bankruptcy, rue21, inc. 2 and its debtor — affiliates stand poised to obtain confirmation of their chapter 11 plan. Over that brief span, rue21 negotiated a largely consensual plan that significantly deleverages its balance sheet, reduces its store footprint, jettisons cumbersome leases, provides for future liquidity needs, and earned the support of over 93% of its impaired creditors....
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE. Before the Court are the (1) Motion for Judgment on the Pleadings Pursuant to Federal Rule of Bankruptcy Procedure 7012 and Federal Rule of Civil Procedure 12(c) filed by Defendant Beyondsoft Consulting Inc. ; 1 (2) Motion for Judgment on the Pleadings Pursuant to Federal Rule of Bankruptcy Procedure 7012 and Federal Rules of Civil Procedure 12(c), 12(b)(1) and 12(b)(6), and Joinder to BeyondSoft's Motion for...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . The Debtors, an affiliated group of medical practices, are in the midst of negotiating a sale of substantially all of their assets. Their primary secured creditor, Fifth Third Bank ("Fifth Third"), seeks the appointment of a chapter 11 trustee and relief from the automatic stay, alleging that the current management team is acting in its own self-interest by allocating an inordinate amount of the prospective sale...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief United States Bankruptcy Judge . Trustees of Conneaut Lake Park, Inc. ("Plaintiff" or "TCLP") commenced the above-captioned adversary proceeding by filing its three-count Complaint against Park Restoration, LLC ("Defendant" or "Park Restoration", and together with Trustees of Conneaut Lake Park, Inc., "the Parties"). See Complaint, ECF No. 1. Pursuant to the Complaint, TCLP alleges two counts of breach of contract (Counts I and II) and...
MEMORANDUM OPINION Related Document No. 84 JEFFERY A. DELLER , Chief Bankruptcy Judge . I. Following argument 1 on competing Motions for Summary Judgment, and long hours spent by this Court pouring over the Plaintiffs' extensive filings, 2 as well as those of the Defendant, this Court entered its Memorandum Opinion Addressing Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment (ECF No. 81, "Memorandum Opinion"). This Court also entered two orders—one granting Defendant's...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court upon the Trustee's Final Report (the " Final Report ") filed by the chapter 7 trustee. 1 2827 California Inc. and Mary Lou Filsinger, individually and as president of 2827 California Inc. (together, " California "), filed an objection to the Final Report 2 to which the trustee filed her response. 3 The Court conducted a hearing to consider the Final Report, the objection,...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . On September 12, 2017, hearings were held in the above-captioned case with respect to the following matters: (1) the Motion of the United States Trustee to Dismiss Chapter 11 Case ("Motion to Dismiss," Doc. No. 48 1 ); (2) Creditor's Motion for Sanctions Pursuant to USCS Bankruptcy Rule 9011 ("Motion for Sanctions," Doc. No. 53); and (3) this Court's Order dated August 10, 2017 ("August 10th Order," Doc. No. 58),...
ORDER Thomas P. Agresti , Judge , United States Bankruptcy Court. AND NOW, this 22 nd day of August, 2017, for the reasons set forth in the Memorandum Opinion filed this date at Doc. No. 88. it is ORDERED, ADJUDGED and DECREED that, (1) The Expedited Motion to Dismiss Chapter 11 Bankruptcy Petition ("Motion") filed by Citizens and Northern Bank at Doc. No. 17 is GRANTED, and the case is DISMISSED effective September 6, 2017. (2) If on or before...
MEMORANDUM OPINION ADDRESSING DEFENDANT WELLS FARGO BANK, N.A.'S MOTION FOR SUMMARY JUDGMENT Related Document No. 57. JEFFERY A. DELLER , Chief Bankruptcy Judge . The matter before the Court is the Wells Fargo Bank, National Association's Motion for Summary Judgment (the "Wells Fargo Motion") 1 filed by the Defendant, Wells Fargo Bank, N.A. ("Wells Fargo"). This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(B) and 157(b)(2)(C) and this Court has subject matter...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief United States Bankruptcy Judge . The matter before the Court is Chaney's Motion for Sanctions filed by Plaintiff/Counter-Defendant/Movant, Blaine John Chaney ("Movant" or "Chaney"). By this motion, Movant seeks to have the Court impose sanctions on responding parties, Ronald W. Grigg ("Grigg"), Ronald Carnevali, Jr., Esq. ("Attorney Carnevali"), and the law firm of Spence, Custer, Saylor, Wolfe & Rose, LLC ("Spence Custer", and together with...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief Bankruptcy Judge . The matter before the Court is a complaint to determine dischargeability of an educational loan debt filed by Beverly Jean Doernte (the "Debtor"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334, and this matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). This Memorandum Opinion constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052. For the...
MEMORANDUM OPINION 1 Related Dkt. Nos. 259, 262, 268, 276 GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE Prithvi Catalytic, Inc. ("PCI") 2 was an information technology staffing company that deployed teams of highly skilled employee "resources" to work on projects at jobsites maintained by PCI's customers. 3 Prior to its bankruptcy filing, approximately 90 percent of PCI's revenue derived from a single client, Microsoft Corporation. 4 By September 2013, PCI was billing...
MEMORANDUM OPINION Thomas P. Agresti , Judge United States Bankruptcy Court . The year was 1999 and with the imminent approach of a new millennium the nation was preoccupied by the fear that the "Y2K" problem might soon devastate the computer networks people had so come to rely on. Star Wars Episode 1: The Phantom Menace was the top grossing movie, followed by The Sixth Sense, which included a clever twist ending. On television, the public was watching a game show called Who Wants to...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The Debtor was denied a loan modification by Ocwen Loan Servicing, LLC ("Ocwen") through the Court's Loss Mitigation Program ("LMP"). Ocwen denied the loan modification indicating that the Debtor cannot assume the mortgage executed by her late fianc . The Debtor now alleges Ocwen violated the good faith requirement of the LMP because it knew, at the outset of the case, that the Debtor could not assume the subject...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The above-captioned adversary proceeding was commenced by Flabeg Solar US Corporation ("Debtor"). Debtor filed a Complaint alleging breach of contract and bad faith against the Defendants, including Ergo Versicherung AG, NHA Hamburger Assekuranz-Agentur GmbH, and Allianz Versicherungs-AG (hereinafter "Insurers"). Within the Complaint, Debtor asserted that it was entitled to payment pursuant to certain insurance policies...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The United States Trustee ("UST") moves for dismissal of this case pursuant to 11 U.S.C. 707(b)(3) alleging the Debtors' Chapter 7 filing is an abuse of the bankruptcy system. 1 While the Debtors concede they failed to disclose a significant increase in income immediately following their bankruptcy filing, they insist any omission was inadvertent and that the totality of the circumstances does not warrant...
MEMORANDUM OPINION 1 The Hon. Jeffery A. Deller , Chief U.S. Bankruptcy Judge . The question presented to the Court, in the context of a Motion for Judgment on the Pleadings filed by the plaintiff, is whether the language of a contract renders the defendant liable to the plaintiff for damages to property destroyed by fire. Because the contract at issue does result in such liability as to the defendant, the Court finds that the plaintiff's Motion for Judgment on the Pleadings...
MEMORANDUM ORDER GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . The Debtor, RGW Properties of Beaver County, Inc. (" RGW "), seeks final approval of its disclosure statement and confirmation of its small business chapter 11 plan over the objection of its primary secured creditor, Nationstar Mortgage, LLC d/b/a Champion Mortgage Company (" Nationstar "). 1 In a related adversary proceeding, RGW seeks a determination as to the allowed amount of Nationstar's secured claim. 2...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge . The primary issue before the Court is whether the Plaintiff's claims and causes of action against the defendant are time barred. 1 For the reasons set forth below, the Court concludes that the Plaintiff's claims are stale and that this Adversary Proceeding should be dismissed. I. Allegations of the Complaint This Adversary Proceeding is a property dispute that's been percolating since the mid to late 1990's. The...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . After the Debtor, now deceased, defaulted on her mortgage, Capital One Bank — holder of a first mortgage on the Debtor's homestead — commenced foreclosure proceedings against the Debtor. Capital One obtained a final judgement of foreclosure and the holder of a second mortgage on the homestead, Fifth Third Bank, was the successful bidder at the subsequent sheriff's sale purchasing the homestead at a price equal to...
