MEMORANDUM AND ORDER ON CONTINUING LOSS MITIGATION DIANE FINKLE , Bankruptcy Judge . In accordance with this Court's Order entered on October 7, 2016, debtor Teresa Tamelleo and Ocwen Loan Servicing, LLC ("Ocwen"), as servicer for U.S. Bank, N.A., as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-7 ("US Bank," together with Ocwen the "Creditor"), have engaged in court-supervised mediation of Ms. Tamelleo's request for a loan modification...
DECISION AND ORDER ON CREDITOR'S MOTION TO CONVERT OR DISMISS CASE Diane Finkle , U.S. Bankruptcy Judge . In bankruptcy administration, the system will collapse if debtors are not forthcoming. 1 Before this Court is the motion of creditor Amanda Rotella, former spouse of debtor Andrew Bouchard, to convert or dismiss this chapter 13 case for bad faith. One need only review the record here to understand the tortured path of this case and to fully appreciate Mr. Bouchard's abuse of the...
DECISION AND ORDER ON DEBTOR'S MOTION TO AVOID JUDICIAL LIEN AND CREDITOR'S OBJECTION TO LIEN AVOIDANCE AND HOMESTEAD EXEMPTION Diane Finkle , U.S. Bankruptcy Judge . This contested matter is one of first impression in this district as it involves application of the Rhode Island homestead exemption under R.I. Gen. Laws 9-26-4.1 ("Homestead Exemption") to the mixed-use residential/commercial property of the debtor Richard F. Carpenter located at 298 Montgomery Avenue, Cranston, Rhode...
DECISION AND ORDER ON PAWTUCKET CREDIT UNION'S OBJECTION TO DEBTOR'S PROPOSED CHAPTER 13 PLAN Diane Finkle , U.S. Bankruptcy Judge . Debtor Sharon Rougier proposes a chapter 13 plan ("Plan," Doc. #22) that includes a motion to modify the claim of Pawtucket Credit Union ("PCU") secured by a second mortgage on Ms. Rougier's principal residence located at 51 Glendale Avenue, Warwick, Rhode Island ("Property"). The modification she seeks is to strip off this second mortgage entirely,...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT (this relates to Doc. ## 10, 19, 21) Diane Finkle , Bankruptcy Judge . Plaintiffs Kenneth Fratantuono and Sharon Fratantuono move for entry of default judgment ("Motion," Doc. #21) on their Amended Complaint to Determine Dischargeability of Debt ("Amended Complaint," Doc. #10) filed against Debtor-Defendant James A. Fundakowski. The Amended Complaint asks this Court to determine that Mr. Fundakowski's debt...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS Diane Finkle , U.S. Bankruptcy Judge . Defendant Keven A. McKenna moves to dismiss this adversary proceeding in which the Plaintiff, in his capacity as the United States Trustee for Region One ("UST"), seeks to redress alleged violations of the Bankruptcy Code by Mr. McKenna serving in the bankruptcy case as a petition preparer. 1 As grounds for dismissal, he asserts that the UST now lacks standing under 11 U.S.C. 307 2 to pursue...
ORDER DENYING DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY (this relates to Doc. #14) DIANE FINKLE , Bankruptcy Judge . On May 2, 2016, Curtis A. Lotter filed a chapter 13 bankruptcy petition, and on May 17, 2016, he moved to extend the automatic stay pursuant to 11 U.S.C. 362(c)(3)(B) ("Motion," Doc. #14). Mr. Lotter did not ask for emergency or expedited consideration and instead indicated in the Motion the standard deadline for objection to the Motion (14 days plus 3 days for mailing)...
DECISION AND ORDER ON DEFENDANTS' MOTION TO VACATE DEFAULT AND PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT This relates to Doc. ## 9, 10, 15, 16, 17, 18, 21 DIANA FINKLE , Bankruptcy Judge . Plaintiff Joseph M. DiOrio, the Chapter 7 trustee ("Trustee"), seeks entry of a default judgment against Defendants Linda K. Davis Griffin ("Ms. Griffin") and Shirley Davis ("Ms. Davis") (collectively the "Defendants") after entry of default against them (Doc. #12) 1 for failure to file an answer, or...
DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS DIANE FINKLE , Bankruptcy Judge . Debtor Michael Corrente, the Defendant in this adversary proceeding, moves to dismiss Count II of Plaintiff Frank Zammiello's Amended Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), applicable to this proceeding pursuant to Rule 7012(b) of the Federal Rules of Bankruptcy Procedure. See Defendant Michael Corrente's Motion to...
DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS DIANE FINKLE , Bankruptcy Judge . Debtor Michael Corrente, the Defendant in this adversary proceeding, moves to dismiss Count II of Plaintiff Frank Zammiello's Amended Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), applicable to this proceeding pursuant to Rule 7012(b) of the Federal Rules of Bankruptcy Procedure. See Defendant Michael Corrente's Motion to...
DECISION AND ORDER ON DEFENDANTS' MOTION TO VACATE DEFAULT AND PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (this relates to Doc. ## 9, 10, 15, 16, 17, 18, 21) Diane Finkle , U.S. Bankruptcy Judge . Plaintiff Joseph M. DiOrio, the Chapter 7 trustee ("Trustee"), seeks entry of a default judgment against Defendants Linda K. Davis Griffin ("Ms.Griffin") and Shirley Davis ("Ms.Davis") (collectively the "Defendants") after entry of default against them (Doc. # 12) 1 for failure to file an answer,...
