MEMORANDUM OF DECISION SUSTAINING THE CREDITOR'S OBJECTION AND DENYING DEBTOR'S MOTION TO EXTEND THE AUTOMATIC STAY UNDER 11 U.S.C. 362(C)(3) COLLEEN A. BROWN , Bankruptcy Judge . On August 21, 2018, the Debtor filed a petition to commence this chapter 7 case and, on August 23, 2018, he filed a motion to extend the automatic stay in this case, pursuant to 11 U.S.C. 363(c)(3) (doc # 8, hereafter, "the Motion"). 1 The Debtor filed the Motion because he filed this bankruptcy case...
MEMORANDUM OF DECISION OVERRULING THE CREDITOR'S OBJECTION AND GRANTING DEBTOR'S MOTION TO CONTINUE THE AUTOMATIC STAY, WITH CONDITIONS Colleen A. Brown , United States Bankruptcy Judge . Within one week of this Court entering a memorandum of decision and order determining the scope of the automatic stay applicable in a repeat filer's bankruptcy case, Robert Goodrich filed a motion to continue the automatic stay in this case (doc. # 40, the "Motion"), under 362(c)(3)(B) of the...
NOT FOR PUBLICATION MEMORANDUM OF DECISION FINDING THE COURT LACKS CONSTITUTIONAL AUTHORITY TO ENTER A FINAL JUDGMENT COLLEEN A. BROWN , Bankruptcy Judge . Plaintiff Patricia Wood commenced this adversary proceeding to challenge Defendant Upper Valley Commercial Corporation's right to enforce notes and mortgages, secured by Ms. Wood's Vermont property, on the basis that it had violated the Vermont Lender Licensing Act ("VLLA"), thereby rendering the notes void and unenforceable. Upper...
MEMORANDUM OF DECISION GRANTING MOTION FOR RECONSIDERATION OF THIS COURT'S INTERPRETATION OF 362(C)(3)(A), DENYING MOTION TO ADOPT LIMITED INTERPRETATION OF THAT STATUTE, AND DEFERRING DETERMINATION OF WHETHER STAY HAS EXPIRED IN THIS CASE Colleen A. Brown , United States Bankruptcy Judge . Jennifer Soutar, a creditor in this case, filed a motion asking the Court to reconsider and change its interpretation of the scope of property the automatic stay covers when a debtor files a...
MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT AGAINST UNNAMED DEFENDANTS COLLEEN A. BROWN , Bankruptcy Judge . Hermann VanEck commenced this adversary proceeding to challenge the foreclosure, summary process, and levying of execution against his Connecticut residence by DLJ Mortgage Capital, Inc. ("DLJ"). VanEck alleges that DLJ and its real estate listing agents, Mark Porriello and Louis Mira, violated the automatic stay provisions of...
MEMORANDUM OF DECISION DENYING DEBTORS' MOTION FOR A STAY PENDING APPEAL COLLEEN A. BROWN , Bankruptcy Judge . Before the Court is the Debtors' motion, pursuant to Bankruptcy Rule 8007, for a stay pending appeal (doc. # 59) of this Court's order finding a prepetition waiver to be enforceable (doc. # 41), order granting relief from stay to Wells Fargo Financial Leasing, Inc. ("Wells Fargo") (doc. # 42), and order granting relief from stay to Vermont Agricultural Credit Corporation ("VACC")...
MEMORANDUM OF DECISION DENYING TRUSTEE'S MOTION TO REOPEN CASE Colleen A. Brown , United States Bankruptcy Judge . The former chapter 7 trustee has filed a motion asking the Court to reopen the instant case, which was closed approximately seven years ago, so he can administer a previously undisclosed personal injury claim recovery, based on a defective medical device, in the estimated amount of $45,000. The trustee argues all the essential elements of the Debtor's causes of action...
