MEMORANDUM OPINION REBECCA B. CONNELY , Bankruptcy Judge . The question this Court must answer is whether to confirm the debtor's chapter 12 plan, and if not, whether to deny leave to amend and dismiss the debtor's case pursuant to section 1208(c) of the Bankruptcy Code. The debtor filed a chapter 12 plan and three amended chapter 12 plans. None of the plans has been confirmed. The two largest creditors and the chapter 12 trustee objected to each plan. The debtor's two largest secured...
MEMORANDUM OPINION PAUL M. BLACK, Bankruptcy Judge. The matters before the Court are the Motion for Summary Judgment ("Motion") filed by Don Fox, individually, and d/b/a Big Giant Warehouse (collectively "Plaintiff"), by counsel, and the Response thereto filed by Stanley Joseph Crowgey ("Defendant" or "Debtor"), by counsel. A hearing was held on September 9, 2014. On that same date, the matter was taken under advisement. For the reasons stated herein, the Plaintiff's Motion for Summary...
MEMORANDUM OPINION REBECCA B. CONNELLY, Bankruptcy Judge. The question this Court must answer is whether to dismiss the debtor's case for his failure to disclose assets, failure to disclose appropriate values, failure to comply with court orders, and other cause under 11 U.S.C. 1208. The chapter 12 trustee advocates for dismissal under 1208(c). Conversely, the debtor argues these mistakes are not sufficient to justify dismissal. For the reasons described below, the Court concludes that...
MEMORANDUM OPINION PAUL M. BLACK, Bankruptcy Judge. This matter comes before the Court on the Motion for Rule 9011 Sanctions (the "Motion") filed by Doris W. Tucker (the "Debtor") against Beneficial Mortgage Co. of Va. a/k/a Beneficial Financial, Inc. ("Beneficial"), 1 John T. Arnold, Esquire, and Moss & Rocovich, P.C. (collectively "the Respondents"). A Response to the Motion was filed on August 14, 2014 by Matthew D. Huebschman, Esquire, counsel for the Respondents. A hearing was held on...
MEMORANDUM OPINION DENYING PLAINTIFF'S ACTION FOR DETERMINATION OF A DEBT AS NON-DISCHARGEABLE REBECCA B. CONNELLY, Bankruptcy Judge. Crystal Lewis filed this Adversary Proceeding complaint against Clyde Long to determine, pursuant to 11 U.S.C. 523(a)(6), the dischargeability of his debt to her. This opinion follows a trial on the merits. Mr. Long is a debtor in this Court, and Ms. Lewis has voluntarily brought this section 523(a)(6) action asking the Court to adjudicate the merits of her...
MEMORANDUM DECISION WILLIAM F. STONE, JR., Bankruptcy Judge. The matter before the Court is the United States Trustee's "Motion for Entry of an Order Pursuant to 11 U.S.C. 105, 110, 526, and 527 Requiring the Disgorgement of Fees Received, Payment of Damages to the Debtor, and Imposition of Fines" 1 (the "Motion"). The specific relief requested is that this Court enter an order (i) requiring Mark Jennings and/or Financial Associates Enterprise Marketing, Inc. (the "BPP") to disgorge the...
