MEMORANDUM OPINION Related to ECF Nos. 205, 210 JEFFERY A. DELLER , Bankruptcy Judge . The matter before the Court is the Plaintiff's Motion to Amend the Judgment Pursuant to Fed.R. Civ.P. 59(e) Entered on September 25, 2019, Granting Summary Judgment in Favor of U.S. Bank (the "Motion to Amend"). The background of this matter is set forth more fully in this Court's Memorandum Opinion dated September 25, 2019, which is incorporated herein. See ECF No. 197. The gist of the...
MEMORANDUM OPINION JEFFERY A. DELLER , United States Bankruptcy Judge . The matter before the Court is the Debtors' Motion for a Rule 2004 Examination (the " Motion, " ECF No. 77) filed by the Debtors, Jerry Dwane DeWitt and Arlene Rae DeWitt f/d/b/a Buck DeWitt Construction (the " Debtors "). In short, resolution of the Motion requires this Court to determine whether the Debtors are entitled to an examination under Federal Rule of Bankruptcy Procedure 2004 (" Rule 2004 "), by way of a...
MEMORANDUM OPINION Related to Dkt. No. 72 GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . There are few circumstances where the Court will refuse immediate payment of a filing fee. Unfortunately, this case presents one of them. This matter comes before the Court upon the Trustee's Motion for Authority to Pay Filing Fee (the " Motion ") filed by Ronda J. Winnecour, the chapter 13 trustee. 1 In her Motion, the Trustee seeks authority to pay a case filing fee that remains due...
MEMORANDUM OPINION Carlota M. B hm, Chief United States Bankruptcy Judge . The issue before the Court is whether the Amended Complaint to Determine Non-Dischargeability of Debt Pursuant to 11 U.S.C. 523(a)(2)(A) ("Amended Complaint," Doc. No. 42 1 ) was timely filed. 2 Candace Lynn Dolfi (the "Debtor") raised the issue of timeliness as an affirmative defense in her Answer (Doc. No. 47). While Debtor asserts the time to pursue the action expired, Brett Dolfi, Sr., and Brian Dolfi (...
MEMORANDUM OPINION Carlota M. B hm , Chief United States Bankruptcy Judge . The matter presently before the Court is the Motion to Avoid Judgment Lien Pursuant to 11 U.S.C. Section 522(f)(1)(A) ("Motion to Avoid Lien," Doc. No. 47), filed by the Debtor, Candace Lynn Dolfi. 1 Debtor asserts that she is entitled to avoid the judgment lien of the Respondent, Brian Dolfi, as the lien impairs her homestead exemption. Brian Dolfi opposes the Motion to Avoid Lien. He contends that his judgment...
Related to Dkt. Nos. 24, 28, 33, 34, 37, 38 Related to Dkt. Nos. 17, 19, 25, 26 Related to Dkt. Nos. 18, 20, 33, 34, 37, 40 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . In three separate chapter 7 cases, the United States Trustee (the "Trustee") filed motions to dismiss pursuant to 11 U.S.C. 707(b)(3) (the "Motions to Dismiss") seeking dismissal of each case for abuse premised on the respective debtors' (collectively, the "Debtors") alleged ability to...
MEMORANDUM OPINION Jeffery A. Deller , United States Bankruptcy Judge . This dispute concerns the request of the Debtor, Michael David Scott (the " Debtor "), for a stay pending appeal of an order granting the Respondent, U.S. Bank, 1 relief from the automatic stay as to the Debtor's real property located at 40 Old Stable Drive, Mansfield, Massachusetts 02048 (the " Stable Property "). For the reasons discussed below, the Court denies the Debtor's motion. I. Background The factual...
Related to ECF No. at 17-07028-JAD, ECF No. 1 at 17-07050-JAD, ECF Nos. 1, 8 MEMORANDUM OPINION Hon. Jeffery A. Deller , United States Bankruptcy Judge . By this Adversary Proceeding, the Court is called upon to determine whether, under Massachusetts law, the mortgagee in this case is entitled to foreclose upon the debtor's residence. The debtor contends that the putative mortgagee does not have standing to foreclose due to, inter alia , defects associated with the mortgagee's receipt (...
MEMORANDUM OPINION Thomas P. Agresti , Judge . This is an action by Plaintiff Silvestri Homes WNY, LLC ("Silvestri Homes") seeking to have its claim against the Debtor, Christopher Jones ("Jones") found to be excepted from discharge in this bankruptcy. The claim in question arises from an ill-fated home improvement contract that was entered into by Silvestri Homes and Jones Contracting, LLC ("Jones Contracting"), an entity owned by and formerly operated by Jones, its principal. Silvestri...
Related to Dkt. Nos. 36, 39, 62, 76, 92, & 94 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Dona Barrett finds herself at odds with her former husband, John Barrett, in a fight over marital assets that has now spilled into the bankruptcy court. Dona filed a Motion for Relief from Stay (hereinafter, the "Motion") seeking the ability to return to state court to compel the release of proceeds from the liquidation of John's business interests. 1 The proceeds...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The matter before the Court is the Trustee's Objection to Late Filed Secured Claim ("Objection") 1 filed by Movant, Ronda J. Winnecour, Chapter 13 Trustee ("Trustee Winnecour"), at Doc. No. 49. Trustee Winnecour seeks to disallow Proof of Claim No. 24 filed by U.S. Bank, National Association, Trustee for Pennsylvania Housing Finance Agency ("Respondent"), to the extent the claim contradicts Debtor's confirmed chapter...
MEMORANDUM OPINION Carlota M. B hm , Chief United States Bankruptcy Judge . The matter before the Court is the Motion to Dismiss Adversary Proceeding at Doc. No. 24 ("Motion to Dismiss") filed by Defendant CitiMortgage, Inc. ("CitiMortgage"). The Motion to Dismiss argues that Debtor/Plaintiff's Amended Complaint to Determine Value of Security and Creditor's Allowed Secured Claim Pursuant to Section 506 of the Bankruptcy Code at Doc. No. 16 ("the Amended Complaint") should be dismissed...
MEMORANDUM OPINION The Honorable Jeffery A. Deller , United States Bankruptcy Judge . This matter is a core proceeding, over which the Court has the requisite subject-matter jurisdiction pursuant to 28 U.S.C. 157(b)(2)A), 157(b)(2)(B), 157(b)(2)G), 157(b)(2)(O), and 1334. The background of this adversary proceeding is as follows. Debtor, Michael David Scott, commenced his bankruptcy case by filing for relief under Chapter 7 of the Bankruptcy Code (11 U.S.C. 101 et seq. ) on...
MEMORANDUM OPINION and ORDER Thomas P. Agresti , Judge . This matter concerns an Order to Show Cause ("OTSC") that was issued in both of the above cases against Ocwen Loan Servicing, LLC ("Ocwen") and three individuals regarding a failure to comply with a number of Court orders requiring the production of complete mortgage loan histories in several bankruptcy cases. For reasons that will be discussed in detail below, the Court finds that Ocwen materially disobeyed a number of valid orders...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . In mythological lore, the Greek hero Achilles thought himself to be invincible, impervious to the swords and arrows of his enemies. So too, is the mindset of the Pennsylvania Department of Revenue ("Revenue") in the cases presently before the Court. Revenue requests dismissal of separate adversary proceedings brought by chapter 13 debtors seeking to reduce or eliminate Revenue's secured claims. Revenue believes...
Related to ECF No. 9 MEMORANDUM OPINION The Honorable Jeffery A. Deller , United States Bankruptcy Judge . The matter before the Court is a Motion for Recognition of Foreign Bankruptcy Proceeding Pursuant to Sections 1515 & 1517 of the US Bankr. Code (the " Motion for Recognition ") filed by Alastair Beverage of AlixPartners Services U.K., LLP, as Foreign Representative. This matter is a core proceeding in which the Court has the requisite subject-matter jurisdiction and authority to...
Related to Dkt. Nos. 57, 64 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . The Debtor, Carrie Pinnick, surprised to learn that there is substantial non-exempt equity in her residence, now seeks to dismiss her case to prevent Robert Shearer, the chapter 7 trustee, (the "Trustee") from selling it to pay her creditors in full. 1 The Trustee opposes the motion. 2 For the reasons set forth below, the Court will deny the motion. I. BACKGROUND The facts necessary...
MEMORANDUM OPINION The Honorable Jeffery A. Deller , United States Bankruptcy Judge . The matter before the Court is an Expedited Joint Motion to Dismiss the Chapter 11 Case for Cause (the " Motion to Dismiss ") filed by Don Murphy, Lorraine Dille Williams, Robert Nichols Flint Dille, and Team Angry Filmworks, Inc. Pursuant to the Motion to Dismiss, the movants make a number of contentions including the claim that the Dille Family Trust is not a "business trust" and is therefore...
MEMORANDUM OPINION Consolidated for Administrative Purposes Related to Dkt. Nos. 149, 155 GREGORY L. TADDONIO , Bankruptcy Judge . The matters before the Court are the Joint Motion[s] For Leave to File Unredacted Settlement Agreement [under Seal] (the "Motions") filed by Wells Fargo Bank, N.A., Ronda J. Winnecour, the chapter 13 trustee (the "Trustee"), and the "Selected Debtors." 1 Through the Motions, the parties seek to seal the amounts that will be paid to the Trustee and Steidl &...
MEMORANDUM OPINION The Honorable Jeffery A. Deller , United States Bankruptcy Judge . The matter before the Court is the Motion to Amend Findings of Fact, Amend Judgment, for Relief from Judgment and/or for New Trial (ECF No. 89) (the "Motion to Amend") filed by the Debtors, Robert W. Jager and Margaret M. Jager (the "Debtors"). 1 By their Motion to Amend, 2 the Debtors seek relief from this Court's Order dated November 20, 2018 (ECF No. 79) granting InFirst Bank f/k/a Indiana...
