DECISION AND ORDER ARTHUR N. VOTOLATO, Bankruptcy Judge. Heard on Plaintiff Benjamin B. Viti's Motion to Adjudge Frank Mattos, d/b/a Mattos & Associates, LLC ("Mattos"), in Willful Contempt for failing to comply with certain terms of this Court's May 12, 2011 Order. For the reasons discussed below, Viti's Motion is GRANTED in part, and DENIED in part. BACKGROUND AND FACTS On March 11, 2011, after what may conservatively be described as a mutually antagonistic landlord/tenant...
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS ARTHUR N. VOTOLATO, Bankruptcy Judge Heard on Defendants' ("Countrywide") Motion for Judgment on the Pleadings, filed pursuant to Federal Rule of Civil Procedure 12(c) and made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7012. In this action brought under the federal Truth in Lending Act, 15 U.S.C. 1601, et seq. ("TILA"), the Debtor seeks to (a) rescind this...
ORDER OVERRULING CREDITOR'S OBJECTION TO LOSS MITIGATION ARTHUR N. VOTOLATO, Bankruptcy Judge. The factual and legal issues in this case are virtually identical to those raised by the secured creditor in the matter of In re Sosa, 443 B.R. 263 (2011). For the reasons expressed in our Decision and Order in Sosa dated January 28, 2011, the objection of Ocwen Loan Servicing, LLC as Servicer of Deutsche Bank National Trust Company, Trustee [Doc. No. 16] to the Debtors' Request for Loss...
