DECISION CATHERINE J. FURAY, Bankruptcy Judge. On March 24, 2014, Black River Country Bank ("BRCB") filed a post-confirmation motion pursuant to 11 U.S.C. 1142(b) requesting the Court to direct transfer of real estate according to the terms of a confirmed plan. The Debtors, J & B Haldeman Holdings, LLC, and James and Barbara Haldeman, 1 object to the motion. For the following reasons, BRCB's motion is GRANTED. FACTS AND PROCEDURAL HISTORY The Debtors' plan was confirmed on March 22,...
DECISION CATHERINE J. FURAY, Bankruptcy Judge. On June 3, 2014, this adversary was tried to the Court on the issue of whether the Defendant possessed the requisite state of mind to commit "defalcation" within the meaning of 11 U.S.C. 523(a)(4). The Court heard evidence and, at the conclusion of the trial, took the matter under advisement. For the reasons that follow, the Court finds the Defendant did commit defalcation within the meaning of 11 U.S.C. 523(a)(4), and, as a result, the...
DECISION CATHERINE J. FURAY, Bankruptcy Judge. The matter before the Court is the final application of Debtor's counsel, Galen W. Pittman, S.C., for compensation and disbursements. For the reasons that follow, the application is approved in part and denied in part. JURISDICTION The federal district courts have "original and exclusive jurisdiction" over all cases under title 11 ("Bankruptcy Code" or "Code") and "original but not exclusive jurisdiction" over all civil proceedings that...
MEMORANDUM DECISION CATHERINE J. FURAY, Bankruptcy Judge. The dispute in this case centers on an apparent conflict between two Bankruptcy Code provisions concerning the redemption period for a land contract and the right to cure a default in a Chapter 13. The Court previously entered an order denying the objection to the claim of Kenneth Shirley and allowing the claim as a secured claim. There remains the pending objection to confirmation that is the subject of this decision. The...
