MEMORANDUM OF DECISION SUSTAINING OBJECTION AND DENYING MOTION TO AVOID LIEN Colleen A. Brown , United States Bankruptcy Judge . The Debtor filed a motion to strip the lien of Geico Indemnity Company ("Geico"), asserting that Geico's lien impairs the Debtor's homestead exemption. Geico objected, contending the Debtor has not met his prima facie burden of proof and, in any event, may not strip Geico's lien because the Debtor did not own the real property in question when Geico's lien...
MEMORANDUM OF DECISION REJECTING THE DEBTORS' CLAIM THAT 329 IS UNCONSTITUTIONAL AND GRANTING, IN PART, THE U.S. TRUSTEE'S MOTION FOR DISGORGEMENT OF ATTORNEYS' FEES Colleen A. Brown , United States Bankruptcy Judge . The U.S. Trustee seeks disgorgement of all attorneys' fees paid in this case, based upon the excessiveness of the fees the Debtors' attorney received and that attorney's failure to comply with the disclosure requirements of the Bankruptcy Code and Rules. The attorney...
MEMORANDUM OF DECISION GRANTING MOTIONS TO DISMISS AND DENYING MOTION TO MODIFY COLLEEN A. BROWN , Bankruptcy Judge . Two secured creditors, People's United Bank and the USDA Farm Service Agency (together, the "Creditors") have filed motions to dismiss these jointly administered cases, based upon the Debtors' default in their obligations under a stipulation and their default under the terms of the confirmed Chapter 12 plan. The Debtors oppose dismissal and assert they should be given an...
MEMORANDUM OF DECISION GRANTING THE PLAINTIFFS' MOTION FOR EMERGENCY HEARING, DENYING DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING, GRANTING JUDGMENT ON THE PLEADINGS, IN FAVOR OF THE PLAINTIFFS, EXTENDING THE AUTOMATIC STAY TO NON-DEBTOR ENTITIES, AND ENJOINING STATE COURT LAWSUIT FROM PROCEEDING AGAINST NON-DEBTOR ENTITIES COLLEEN A. BROWN , Bankruptcy Judge . On November 22, 2016, Argirios Konstantinou (the "Debtor") and two corporate entities in which he holds an interest, MHOP...
