MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge The plaintiffs filed the above-styled adversary complaint to determine the dischargeability of their tax obligations from 2001, 2002, 2003, and 2004. The parties filed cross-motions for summary judgment. For the following reasons, the Court finds that the Internal Revenue Service's (hereinafter "IRS") motion should be granted and that the debtors' motion should be denied. I. BACKGROUND The debtors did not timely file federal...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court upon the debtor's expedited motion to convert her case from Chapter 7 to Chapter 11. For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Fed. R. Civ. P. 52(a)(1), as incorporated by Fed. R. Bankr. P. 7052, and made applicable by Fed. R. Bankr. P. 9014(c), the Court finds that the motion should be denied. I. BACKGROUND The debtor, who is 80...
MEMORANDUM KEITH M. LUNDIN , Bankruptcy Judge . Applying Papas v. Buchwald Capital Advisors, LLC (In re Greektown Holdings, LLC), 728 F.3d 567 (6th Cir. 2013), approval of the settlement of National Union Fire Insurance Company's liability in the reorganization of the Small Smiles Dental Clinics is denied in part. 1. The bankruptcy court has subject matter jurisdiction to review the settlement and to approve an appropriate injunction. 2. Stern v. Marshall 1 is satisfied. 3. The...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court upon the debtor's expedited motion to convert her case from Chapter 7 to Chapter 11. For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Fed. R. Civ. P. 52(a)(1), as incorporated by Fed. R. Bankr. P. 7052, and made applicable by Fed. R. Bankr. P. 9014(c), the Court finds that the motion should be denied. I. BACKGROUND The debtor, who is 80...
MEMORANDUM OPINION Randal S. Mashburn , U.S. Bankruptcy Judge . Filing a proof of claim in bankruptcy court is not automatically a violation of the Fair Debt Collection Practices Act ("FDCPA") when the underlying debt cannot be collected because of an applicable statute of limitations. However, a so-called "stale" proof of claim is not necessarily protected from FDCPA exposure merely because it arises in the bankruptcy setting. Specific facts matter. Based on the stipulated facts of this...
