MEMORANDUM OF DECISION DETERMINING AMOUNT AND ADMINISTRATIVE PRIORITY OF STORAGE CHARGES, OVERRULING THE DEBTOR'S OBJECTION TO THE ACCOUNTINGS, AND FIXING ALLOWED AMOUNT OF THE STORAGE COMPANY CLAIMS COLLEEN A. BROWN, Bankruptcy Judge. This Court previously determined that the Sheriffs of Rutland and Washington county were custodians for purposes of this case because they levied machinery belonging to R. Brown & Sons, Inc. (the "Debtor"), and had control and possession of that machinery on...
MEMORANDUM OF DECISION DENYING MOTION FOR RECONSIDERATION AND CANCELLING HEARING COLLEEN A. BROWN, Bankruptcy Judge. The instant motion to reconsider argues that this Court's interpretation of the duties the Bankruptcy Code's custodian provision imposes upon the Debtor, and parties who were in possession of the Debtor's property on the date it commenced this bankruptcy case, is inconsistent with the manner in which post-judgment executions are conducted in Vermont. In particular, the movant...
MEMORANDUM OF DECISION GRANTING DEBTOR'S MOTION TO AVOID LIEN, OVERRULING CREDITOR'S OBJECTION TO MOTION, AND OVERRULING CREDITOR'S AND CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF HOMESTEAD EXEMPTION COLLEEN A. BROWN, Bankruptcy Judge. The Debtor seeks to avoid the lien of Axelrod & Adler, PLLC (the "Creditor") on real property he claims as his homestead. The Creditor and the Chapter 7 trustee (the "Trustee") assert that the Debtor is not entitled to claim a homestead exemption in...
Not for Publication ORDER GRANTING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT COLLEEN A. BROWN, Bankruptcy Judge. For the reasons set forth in the memorandum of decision of even date, THE COURT FINDS there are no material facts in dispute and summary judgment is proper. THE COURT FURTHER FINDS that Defendant McGovern's mortgage is a valid lien on the Debtor's property (as described in the memorandum of decision of even date). Accordingly, IT IS HEREBY ORDERED that the Defendants' motion...
Not for Publication MEMORANDUM OF DECISION GRANTING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT COLLEEN A. BROWN, Bankruptcy Judge. The Defendants have filed a motion for summary judgment seeking a determination whether Defendant McGovern's mortgage is a valid lien against the Debtor's real property. For the reasons set forth below, the Court finds no material facts are in dispute, summary judgment is proper, and Mr. McGovern's mortgage is a valid lien on the Debtor's property. Therefore,...
