NOT FOR PUBLICATION MEMORANDUM DECISION MARY JO HESTON , Bankruptcy Judge . This matter came before the Court for trial on October 31, 2017, on the complaint filed by Heather Ann Coplin ("Plaintiff") seeking discharge of her student loan debt pursuant to 11 U.S.C. 523(a)(8). 1 The Plaintiff commenced this adversary proceeding on October 5, 2016, following completion of her Chapter 13 plan. The Plaintiff's Chapter 13 case was filed on September 27, 2013, with a plan of reorganization...
MEMORANDUM DECISION ON TRUSTEE'S MOTION TO ASSUME DAYTON, NEVADA LEASE CHRISTOPHER M. ALSTON , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion to Assume Dayton, Nevada Lease and Acknowledge Validity of Security Agreement (Dkt. No. 740) (the "Motion") and the Order Granting Trustee's Motion to Assume Lease for Dayton Facility (Dkt. No. 1018) (the "Assumption Order"). The Court conducted an evidentiary hearing on June 30, July 5, July 25, and July 26, 2017. K&L...
MEMORANDUM OPINION PARTIALLY GRANTING MOTIONS FOR PARTIAL SUMMARY JUDGMENT Marc Barreca , U.S. Bankruptcy Court Judge . These matters came before me for hearing on April 20, 2017 on the Motion to Allow Claim In Part/For Partial Summary Judgment Regarding Breach of Fiduciary Duties (the "Motion Regarding Breach of Fiduciary Duties," Dkt. No. 196) by Nancy L. James, Chapter 7 Trustee (the "Trustee" ) for the bankruptcy estate of the Breast Cancer Prevention Fund ( "BCPF" ); and on June 8,...
MEMORANDUM DECISION ON TRUSTEE'S MOTION TO MODIFY PLAN Brian D. Lynch , U.S. Bankruptcy Court Judge . This case presents one of the many conundrums that arise when trying to determine how to treat a post-petition, non-income, asset received in a Chapter 13 case. In this case, the question is what to do about settlement proceeds from a post-petition, post-confirmation auto accident involving one of the debtors, Noel and Venus Villegas (the "Debtors"). The Chapter 13 Trustee Michael Malaier (...
MEMORANDUM OPINION REGARDING PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT MARC BARRECA , Bankruptcy Judge . This matter came before me on March 30, 2017 on opposing motions for summary judgment, brought by Plaintiff, James F. Rigby Jr., Chapter 7 Trustee (the " Trustee ") for the bankruptcy estate of Michael R. Mastro (" Mastro ") 1 , and Defendants, Michael Corliss (" Corliss ") and Kara King (" King "). The Trustee was represented by Paul Brown of Karr Tuttle Campbell and...
ORDER GRANTING PARTIAL SUMMARY JUDGMENT Brian D. Lynch , U.S. Bankruptcy Judge . Plaintiffs Michael Gray and Nicole Hart filed a Motion for Partial Summary Judgment (ECF No. 27) in this adversary seeking to have the Court determine that the Defendants to this action, ZB, N.A. and Bailey & Busey PLLC, committed a willful violation of the automatic stay under 11 U.S.C. 362(k)(1) when the Defendants failed to have bench warrants for the arrest of the Plaintiffs quashed after Defendants...
