MEMORANDUM OPINION Related to Dkt. Nos. 161, 165. GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE In the face of a contested confirmation hearing prompted by, among other things, allegations that he concealed and undervalued assets and underreported his income, Donald R. Cenk (the "Debtor") seeks to exercise his "absolute right" to dismiss his chapter 13 case, admitting his inability to fund a plan. 1 His estranged wife, Michelle Cenk, opposes dismissal, arguing that the Debtor is...
Related to Dkt. Nos. 45, 56, 58, 62 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Told that they cannot receive a chapter 7 discharge because their net monthly income indicates that such relief would be an abuse under the totality of circumstances of their financial situation, 1 the debtors Damien W. and Casey M. Harms now want a "do-over." Asserting that Schedule J, which was relied upon by the Court, never provided an accurate picture of their monthly...
MEMORANDUM OPINION THOMAS P. AGRESTI , Judge United States Bankruptcy Court . This Adversary Proceeding presents the issue of which party is the rightful owner of certain assets, which will be referred to hereinafter as the "Damon's Assets. 1 " The contenders are the Debtor, Unique Ventures Group, LLC ("Unique"), whose position here is being advocated by its Plan Administrator, and Damon's of North America, LLC ("DNA"). Following a 2-day October trial, the conclusion of post-trial filings...
MEMORANDUM OPINION Thomas P. Agresti , Judge United States Bankruptcy Court Presently before the Court for determination, is the allocation of the marital property as between the Debtor, Rowena Wagner ("Wife"), and her husband Bernard Wagner ("Husband"), who is also a bankruptcy debtor in his own separate case filed at Case No. 10-19934-TPA. This Opinion will also address any remaining issues still pending in the adversary proceeding of Wagner v. Wagner, Adv. No. 19-1001-TPA as the two...
MEMORANDUM OPINION Related to Dkt. Nos. 220, 226 GREGORY L. TADDONIO , Bankruptcy Judge . Unsuccessful in chapter 11 and apparently unhappy in chapter 7, Michael C. Cyrilla ("Mr. Cyrilla") now wishes to try his hand at chapter 13. Ultimately, his eligibility for conversion hinges on whether he may take advantage of debt reduction that occurred after he filed his chapter 11 petition twenty-four months ago. For the reasons set forth below, the Court finds that Mr. Cyrilla does not satisfy...
