NOT FOR PUBLICATION ORDER COLLEEN A. BROWN, Bankruptcy Judge. For the reasons set forth in the memorandum of decision of even date, IT IS HEREBY ORDERED that: (i) the Rentrak debt is excepted from discharge pursuant to 523(a)(6), and judgment is entered against Mr. Ladieu and in favor of Rentrak on Rentrak's 523(a)(6) claim in the amount of $8,990.00; (ii) Mr. Ladieu's counterclaim for actual and punitive damages based on Rentrak's violation of the automatic stay is denied; and (iii)...
MEMORANDUM OF DECISION COLLEEN A. BROWN, Bankruptcy Judge. On June 2, 2008, Plaintiff, Rentrak Corporation ("Rentrak") filed a two-count complaint against the Defendant-Debtor, Gregory Ladieu, seeking a declaration that the amounts Mr. Ladieu owes to Rentrak under the agreement between Rentrak and Mr. Ladieu's company, Galadieu Enterprises LLC ("Galadieu"), are non-dischargeable under 523(a)(4) and (a)(6) of the Bankruptcy Code (the "Code"). 1 Mr. Ladieu filed an answer (doc. # 5), which...
ORDER SUPPLEMENTING THE MEMORANDUM OF DECISION AND ORDER ISSUED ON FEBRUARY 3, 2011 COLLEEN A. BROWN, Bankruptcy Judge. In each of the four above-named cases, the Chapter 7 Trustee filed an objection to the Debtors' exemption of the pre-petition portion of their 2009 tax refunds on amended Schedule C, 1 with a motion for turnover pursuant to 11 U.S.C. 542 2 (together, the "Trustee's Motion"). The Debtors each filed a response to the Trustee's Motion. 3 The Debtors in each case...
ORDER GRANTING THE DEBTOR'S MOTION FOR SUMMARY JUDGMENT, DENYING THE TRUSTEE'S MOTION FOR SUMMARY JUDGMENT, AND OVERRULING THE TRUSTEE'S OBJECTION TO THE DEBTOR'S CLAIM OF EXEMPTION COLLEEN A. BROWN, Bankruptcy Judge. Based upon the analysis set forth in a memorandum of decision of even date, this Court declares that the test for determining whether, pursuant to 27 V.S.A. 101, cash may be exempt under the Vermont homestead exemption statute is twofold: the debtor must demonstrate that the...
Not for Publication ORDER COLLEEN A. BROWN, Bankruptcy Judge. GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT For the reasons set forth in the memorandum of even date, IT IS HEREBY ORDERED that the motion for summary judgment filed by Citibank N.A. as Trustee for the MLMI Trust Series 2006-HE5 (the "Bank") on January 17, 2011 (doc. # 33), is GRANTED on the issue of whether the Debtor may obtain relief based his TILA and RESPA claims against the Bank and...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT COLLEEN A. BROWN, Bankruptcy Judge. Kenneth C. Ruest (the "Debtor") filed a complaint (doc. # 1) to initiate this adversary proceeding on October 2, 2009. On November 20, 2009, Citibank N.A. as Trustee for the MLMI Trust Series 2006H-E5 (the "Bank") filed its answer (doc. # 6). On January 17, 2011, the Bank filed the instant motion for summary judgment (doc. # 33) seeking dismissal of the...
MEMORANDUM OF DECISION DENYING THE UNITED STATES TRUSTEE'S MOTION TO DISMISS CASE COLLEEN A. BROWN, Bankruptcy Judge. The United States Trustee has filed a motion to dismiss the Debtors' Chapter 7 case for abuse under 11 U.S.C. 707(b)(1), 1 based upon a presumption of abuse under 707(b)(2) and the totality of the circumstances under 707(b)(3)(B). For the reasons set forth below, the Court denies the United States Trustee's motion to dismiss. JURISDICTION This Court has...
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT COLLEEN A. BROWN, Bankruptcy Judge For the reasons set forth in the memorandum of decision of even date, IT IS HEREBY ORDERED that the three summary judgment motions pending in this proceeding are DENIED as follows: 1. The motion for summary judgment filed by the Internal Revenue Service on January 7, 2011 (doc. # 39), seeking a determination on the issue of whether Debtor Charles M. Kail is a responsible party liable for taxes under 26 U.S.C....
MEMORANDUM OF DECISION DENYING MOTIONS FOR SUMMARY JUDGMENT COLLEN A. BROWN, Bankruptcy Judge. Charles M. Kail and Cheryl L. Kail (the "Debtors") filed a complaint (doc. # 1) to initiate this adversary proceeding against the United States of America (the "United States") on October 26, 2009, and filed an amended complaint (doc. # 3) to add Vermont Federal Credit Union ("VFCU") as a defendant on October 29, 2009. The United States filed an answer on December 9, 2009 (doc. # 9), and VFCU filed...
MEMORANDUM OF DECISION GRANTING THE DEBTOR'S MOTION FOR SUMMARY JUDGMENT, DENYING THE TRUSTEE'S MOTION FOR SUMMARY JUDGMENT, AND OVERRULING THE TRUSTEE'S OBJECTION TO THE DEBTOR'S CLAIM OF EXEMPTION COLLEEN A. BROWN, Bankruptcy Judge. The Trustee and the Debtor have filed cross-motions for summary judgment on the issue of whether, pursuant to 27 V.S.A. 101 and 12 V.S.A. 3023, the Debtor is entitled to claim a homestead exemption in her interest in the funds she is collecting under a...
Not for Publication ORDER GRANTING DEBTORS' MOTION TO AVOID LIEN OF UNIFUND CCR PARTNERS LLC AND OVERRULING UNIFUND CCR PARTNERS LLC'S OBJECTION TO HOMESTEAD EXEMPTION COLLEEN A. BROWN, Bankruptcy Judge For the reasons set forth in the memorandum of decision of even date, IT IS HEREBY ORDERED that: 1. the Debtors' motion to avoid Unifund's judicial lien (doc. # 12) is GRANTED unless the case is dismissed; 2. Unifund's objection to the Debtors' motion to avoid lien (doc. # 14) is OVERRULED;...
MEMORANDUM OF DECISION GRANTING DEBTORS' MOTION TO AVOID LIEN OF UNIFUND CCR PARTNERS LLC AND OVERRULING UNIFUND CCR PARTNERS LLC'S OBJECTION TO HOMESTEAD EXEMPTION COLLEEN A. BROWN, Bankruptcy Judge The question presented in this contested matter is whether a creditor who obtained a judgment lien after the debtor purchased a homestead, based upon a line of credit that was in existence prior to the homestead purchase, is subject to the homestead exemption when enforcing its lien. For the...
MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT COLLEEN A. BROWN, Bankruptcy Judge. On June 2, 2008, Plaintiff, Rentrak Corporation ("Rentrak") filed a two-count complaint against the Defendant-Debtor, Gregory Ladieu ("Ladieu") seeking a declaration that the amounts Ladieu owes to Rentrak under the agreement between Rentrak and Ladieu's company, Galadieu Enterprises LLC ("Galadieu"), are non-dischargeable under 523(a)(4) and (a)(6) of the Bankruptcy Code (the "Code"). 1...
MEMORANDUM OF DECISION OVERRULING THE TRUSTEE'S OBJECTIONS TO EXEMPTION, GRANTING IN PART AND DENYING IN PART THE TRUSTEE'S MOTIONS FOR TURNOVER, AND SCHEDULING ORAL ARGUMENT ON NOTICE ISSUE COLLEEN A. BROWN, Bankruptcy Judge. In the four above-named cases, the Chapter 7 Trustee objects to the Debtors' claimed exemptions of their 2009 tax refunds and seeks turnover. The five legal issues before the Court are: 1) whether the pro rata portions of tax refunds allocable to the Debtors'...
