MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS TO TRUSTEE'S FINAL REPORT ON REMAND Brian F. Kenney , United States Bankruptcy Judge . This matter is before the Court on remand from the District Court. Although the District Court affirmed this Court's decision approving the Chapter 7 Trustee's Final Report and Final Application for the Allowance of Fees and Expenses, and affirmed this Court's decision to overrule Mr. Skubal's Motion for Reconsideration of...
CORRECTED MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on the motion of U.S. Bank National Association, as Trustee for the registered holders of LB-UBS Commercial Mortgage Trust 2007-C7, Commercial Mortgage Pass-Through Certificates, Series 2007-C7, (the "Noteholder") a secured creditor of Fairfield TIC, LLC (the "Debtor"), in which Susan E. Collins (the "Receiver"), a court-appointed Receiver for the property in question, has...
MEMORANDUM OPINION KLINETTE H. KINDRED , Bankruptcy Judge . The matter to be decided by this Court is whether Wells Fargo Bank, NA as Servicing Agent for Bank of America, N.A. should be granted in rem relief from the automatic stay with respect to real property of the debtor, Bobbie U. Vardan. The request for relief in rem is based on the allegation that the debtor and her husband, Sandeep Vardan, have filed successive bankruptcies, which have repeatedly delayed and hindered this...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the motion of U.S. Bank National Association, as Trustee for the registered holders of LB-UBS Commercial Mortgage Trust 2007-C7, Commercial Mortgage Pass-Through Certificates, Series 2007-C7, (the "Noteholder") a secured creditor of Fairfield TIC, LLC (the "Debtor"), in which Susan E. Collins (the "Receiver"), a court-appointed Receiver for the property in question, has joined. Specifically, the...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . Before the Court in this adversary proceeding (the "Adversary Proceeding") is a Motion to Compel 1 pursuant to the Federal Arbitration Act (the "FAA") 2 filed by Allied Title Lending, LLC d/b/a Allied Cash Advance ("Allied") in response to the Amended Complaint 3 filed by the plaintiff, Shirley Dean Taylor (the "Debtor"). The issue presented by the Motion to Compel is whether the Court should stay this Adversary...
MEMORANDUM OPINION KEITH L. PHILLIPS , Bankruptcy Judge . Preliminary Statement In October 2015, plaintiff Black Diamond Commercial Finance, LLC, ("Black Diamond") brought this action for breach of contract against defendants Virginia Conservation Legacy Fund, Inc., ("VCLF") and its affiliate, ERP Compliant Fuels, LLC, ("ERP") (collectively, also "VCLF" or "Defendants"), in New York state court. 1 Black Diamond alleges that the Defendants breached the parties' contract in which Black...
CORRECTED MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court in this adversary proceeding (the "Adversary Proceeding") is a Motion to Dismiss 1 filed by the Golias Defendants 2 in response to the Amended Adversary Complaint 3 of Richard Arrowsmith in his capacity as Liquidating Trustee of the Health Diagnostic Laboratory, Inc. Liquidating Trust. 4 The Motion to Dismiss is brought pursuant to Rules 7008 and 7012 of the Federal Rules of Bankruptcy Procedure (...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court in this adversary proceeding (the "Adversary Proceeding") is a Motion to Dismiss 1 filed by the Golias Defendants 2 in response to the Amended Adversary Complaint 3 of Richard Arrowsmith in his capacity as Liquidating Trustee of the Health Diagnostic Laboratory, Inc. Liquidating Trust. 4 The Motion to Dismiss is brought pursuant to Rules 7008 and 7012 of the Federal Rules of Bankruptcy Procedure (the "...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . This matter comes before the Court on the motion of Defendants South Anna, Inc., and Stephanie Jeter Tumlin to dismiss the complaint (the "Complaint") filed by chapter 7 trustees Bruce H. Matson and Peter J. Barrett (collectively, the "Trustees"). For the following reasons, 1 the counts of the Complaint asserting claims under the Bankruptcy Code, Counts II, III(a), 2 and IV, will be dismissed for failure to state a...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding (this "Adversary Proceeding") concerns the scope of a settlement agreement (the "Settlement Agreement") between plaintiff, Alfred H. Siegel (the "Trustee"), Trustee of the Circuit City Stores, Inc. Liquidating Trust (the "Liquidating Trust"), and defendants, the California Self-Insureds' Security Fund (the "Fund") and Andr Schoorl, solely in his capacity as Acting Director of the...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Roy M. Terry Jr., the trustee in this chapter 7 case (the "Trustee"), has objected to the claim of the debtor, Leslie J. Naranjo (the "Debtor"), that certain life insurance proceeds she received postpetition are exempt and should be excluded from her bankruptcy estate. The Debtor bases her claim on Va. Code Ann. 38.2-3122(B), which protects any "protected insurance item" 1 from the claims of creditors of "any ......
MEMORANDUM OPINION Brian F. Kenney , United States Bankruptcy Judge . This adversary proceeding is brought by the Chapter 7 Trustee of Truland Walker Seal Transportation, Inc. ("TWST") against a supplier of electrical equipment, Myers Controlled Power, LLC ("Myers"), for the avoidance and recovery of an alleged preference under Section 547 of the Bankruptcy Code. 11 U.S.C. 547(b). The Court heard the evidence on February 1 and March 29, 2018. For the reasons stated below, the Court finds...
MEMORANDUM OPINION AND ORDER GRANTING TRUSTEE'S MOTION FOR APPROVAL OF SETTLEMENT BRIAN F. KENNEY , Bankruptcy Judge . On April 2, 2018, the Chapter 7 Trustee in this case, Donald F. King, filed a Motion to Approve Settlement pursuant to Bankruptcy Rule 9019. Docket No. 55. The Debtor filed an Objection to the Trustee's Motion. Docket No. 57. The Trustee filed a Reply Memorandum. Docket No. 58. The Court heard the evidence and the arguments of the parties on April 24, 2018. For the reasons...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Motion to Approve Settlement Agreement, ECF No. 601 (the "Motion") filed on May 10, 2018, by Richard Arrowsmith, in his capacity as the Liquidating Trustee of the HDL Liquidating Trust (the "Liquidating Trustee"), seeking approval of a settlement agreement (the "Settlement Agreement") between the HDL Liquidating Trust and LaTonya S. Mallory ("Mallory") 1 under Federal Rule of Bankruptcy...
MEMORANDUM OPINION AND ORDER KEITH L. PHILLIPS , Bankruptcy Judge . NTH 250 E LLC ("NTH") owns premises (the "Premises") located at 250 East Route 4, Paramus, New Jersey. NTH leases the Premises to Debtors ("TRU") pursuant to a lease executed on September 19, 1972 (the "Lease") between the predecessors in interest of TRU and NTH. On March 23, 2018, the Court entered the Order (I) Establishing Bidding Procedures and (II) Granting Related Relief [Dkt. No. 2351] (the "Bidding Procedures...
AMENDED MEMORANDUM OPINION AND ORDER Keith L. Phillips , United States Bankruptcy Judge . Toys "R" Us — Delaware, Inc. ("TRU"), one of the Debtors in these jointly administered chapter 11 cases, currently rents space in a retail shopping center from Brea Union Plaza I ("Brea I"). TRU, in connection with a court-approved auction of certain real property and unexpired leases, is seeking final approval of the assumption and assignment of its lease with Brea I to Burlington Coat Factory...
MEMORANDUM OPINION AND ORDER KEITH L. PHILLIPS , Bankruptcy Judge . Toys "R" Us — Delaware, Inc. ("TRU"), one of the Debtors in these jointly administered chapter 11 cases, currently rents space in a retail shopping center from Brea Union Plaza I ("Brea I"). TRU, in connection with a court-approved auction of certain real property and unexpired leases, is seeking final approval of the assumption and assignment of its lease with Brea I to Burlington Coat Factory Warehouse Corporation ("...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the motion of the HDL Liquidating Trust Oversight Committee (the "Oversight Committee") and Richard Arrowsmith ("Arrowsmith"), in his capacity as the interim Liquidating Trustee of the HDL Liquidating Trust (collectively the "Movants"), to appoint a permanent liquidating trustee (the "Motion to Appoint") 1 and the objection thereto (the "Objection") filed by Helena Laboratories, Noel Bartlett ("...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . This matter is before the Court on the motion of Jeffrey D. Katz ("Katz"), Christopher L. Young ("Young") and JDKatz, P.C. ("JDKatz") (collectively, the "Katz Defendants"), to compel arbitration or to dismiss Counts IX, X, XI and XII of the second amended complaint (the "Second Amended Complaint") filed by chapter 7 trustee Bruce H. Matson (the "Trustee"). 1 Also before the Court is the motion of Defendant George...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Defendant Vehicle Acceptance Corporation ("VAC") has moved, pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6), 1 to dismiss the amended complaint (the "Amended Complaint") filed by Peter J. Barrett, Trustee for Debtor Chamberlayne Auto Sales & Repair, Inc. (the "Debtor"). In the Amended Complaint, Barrett (the "Trustee") seeks to avoid and recover certain postpetition transfers made by...
