MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge Before the Court in this adversary proceeding is the Debtors' Motion for Partial Summary Judgment ("the Motion") filed August 2, 2010, with respect to (i) the Debtors' objection to claims numbered 132 and 12,300 filed by Mitsubishi Digital Electronics America, Inc. ("Mitsubishi") and (ii) the Debtors' complaint against Mitsubishi and The Insurance Company of the State of Pennsylvania ("The Insurance Company of Pennsylvania"). Defendant...
MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge. Before the Court is a motion to dismiss filed by the defendant in this adversary proceeding. Hearing on the motion (the "Hearing") was held on May 12, 2010, at which time the Court took the matter under advisement. For the reasons set forth below, the Court will deny the motion in part and grant the motion in part. Procedural Background On January 22, 2010 (the "Petition Date"), debtors and plaintiffs Marcellus and Anet Maple (...
MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge. These Chapter 11 cases are proceeding under a confirmed Joint Chapter 11 plan of liquidation. Before the Court are the LFG Trustee's 1 Twenty-Fifth Omnibus Objection to the Allowance of Certain Claims Filed in the Incorrect Class [Docket. No. 3191], the LFG Trustee's Twenty-Sixth Omnibus Objection to the Allowance of Certain Claims Filed in the Incorrect Class [Docket No. 3193], and the LFG Trustee's Thirty-Seventh Omnibus Objection...
MEMORANDUM OPINION STEPHEN S. MITCHELL, Bankruptcy Judge. Before the court is the repayment plan filed by the debtor on April 5, 2010. A hearing was held on May 12, 2010, at which the court heard argument on an objection to confirmation filed by creditor SunTrust Mortgage, Inc. ("SunTrust"). 1 Additionally, the court on its own motion raised the issue of whether a mortgage debt against a separate parcel of real estate could be re-amortized and paid out over a period exceeding 5 years. For...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. This case was before the court on June 23, 2010, on the chapter 13 trustee's objection to Proof of Claim 12 filed by American Bank. American Bank was secured by a first deed of trust. The proof of claim was filed after the bar date. This chapter 13 case was filed on April 9, 2009. Counsel for the bank proffered that the bank did not receive timely notice of the filing of the case; that the address the debtor scheduled had not been used...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. This case is before the court on Gordon Properties, LLC's Motion for a Preliminary Injunction to Enforce Automatic Stay and First Owners' Association of Forty Six Hundred Condominium, Inc.'s opposition. The debtor asserts that the unit owners association denied it the right to vote at the October 7, 2009 annual meeting in violation of the automatic stay, 11 U.S.C. 362(a), and requests that the annual meeting which was adjourned sine...
MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge. Before the Court is the Debtors' motion for summary judgment (the "Summary Judgment Motion") on the Debtors' Nineteenth and Thirty-Third Omnibus Objections with respect to certain reclamation claims asserted by LumiSource, Inc., Cisco-Linksys LLC, Paramount Home Entertainment Inc., Seagate Technology LLC, Denon Electronics (USA) LLC, Plantronics Inc., and Boston Acoustics, Inc. (collectively, the "Respondents") pursuant to Rules 3007,...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. THIS CASE is before the court on the motion of the debtor's attorney to reopen this chapter 11 case. An order confirming the chapter 11 plan was entered on May 11, 2000, and the case was closed on July 11, 2000. The law firm acted as the disbursement agent for the debtor. Not all checks that were issued were cashed and there are now unclaimed funds of about $31,000 which are being held by the law firm. The law firm requests that the case...
