MEMORANDUM DECISION ROBERT D. MARTIN Bankruptcy Judge . Home Casual LLC filed a chapter 11 case on March 29, 2013, which was converted to a chapter 7 on April 23, 2013. On March 26, 2015, the Chapter 7 trustee commenced this adversary proceeding against Home Casual Enterprise, Ltd. (HCEL), Zhejiang Hemei Leisure Products Co., Ltd., Hangzhou Volly Garden Furniture Co., Ltd., and Hangzhou King-Rex Furniture Industry Co., Ltd. (defendants) to avoid transfers, compel turnover, and disallow...
MEMORANDUM DECISION ON DEFENDANTS' MOTION TO REMAND Hon. Catherine J. Furay , U.S. Bankruptcy Judge . This proceeding was removed from the Circuit Court for Oneida County, Wisconsin, by the Debtor, Paula Laddusire. It is now before the Court on the motion of the Defendants, Northstar Cleaning and Restoration, Inc., Cannon Peterson, and Jay M. Cricks (collectively, "Defendants"), for remand. The Defendants submitted a brief in support of the motion, the Debtor filed a response, and the...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . For more than a decade, Plaintiffs Ocean Innovations, Inc., f/k/a Jet Dock Licensing Inc. ("Ocean") and Jet Dock Systems, Inc. ("Jet Dock") have been engaged in litigation with Defendant Roy E. Ahern and others related to patent infringement claims. Most recently, Ocean and Jet Dock filed an Adversary Complaint seeking a determination of the dischargeability of a judgment debt owed to them by Ahern. Now before the...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . This matter is before the Court on the Motion of the Defendant, Marjorie Gibson, to vacate the November 6, 2014, Order granting partial summary judgment and to alter or amend the findings of fact, conclusions of law and judgment. For the following reasons, the Motion is denied. JURISDICTION The Court has jurisdiction to resolve this matter under 28 U.S.C. 1334. It is a core proceeding under 28 U.S.C. 157(b)(2)(1). FACTS The facts...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . The value of assets is often uncertain in bankruptcy cases. In those cases, debtors either provide their best estimate of value or state on the schedules that the value is unknown. If there is an asset of unknown value that a debtor wishes to claim exempt, the debtor asserts the exemption on Schedule C and will typically list as the amount claimed exempt the maximum amount allowed under the applicable statute or statutes. This is the best...
MEMORANDUM DECISION ROBERT D. MARTIN , Bankruptcy Judge . Debtor, Community Health Systems, Inc., filed an objection to claim number 41 of Dr. Phuoc Vuong who requested a hearing on the objection. At the preliminary hearing Dr. Vuong failed to appear. I allowed his claim for the vacation pay but gave the debtor 30 days to submit proof in support for the remainder of the objection. It did so by affidavit. Dr. Vuong's claim, in the amount of $7,624.00, included vacation time and...
MEMORANDUM DECISION Catherine J. Furay , U.S. Bankruptcy Judge . Background and Procedural History The Bank of New York Mellon Trust Company, N.A., as Trustee for GMACM Home Equity Loan Trust 2006-HE3 (the "Bank"), seeks relief from a February 10, 2015 order approving the sale of the Debtors' homestead free and clear of liens, judgments, mortgages, chattel mortgages, taxes, and other claims (the "Order"). It is undisputed that on January 30, 2015, the Debtors, Steven and Kathleen...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . The following facts are either admitted or taken as true only for the consideration of this motion to grant standing. Debtor Home Casual LLC operated as a supplier of outdoor furniture for national retailers, purchasing its products from manufacturers in China (including the movants). Don Coming, as 50% owner of Home Casual, and his children, Erin Corning and Kendra Farley, played a major role in the company's...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . I. Statement of Procedural History The Debtor, Sheila Marie Spencer ("Spencer"), filed this Chapter 13 bankruptcy case on April 3, 2015. PNC Bank, N.A. ("PNC") filed a Motion for Relief from Stay with In Rem Relief for Real Property Located at 1222 W. Jefferson Street, Marshfield, Wisconsin 54449, on April 16, along with a memorandum in support of the motion. PNC requested relief pursuant to section 105(a) and...
MEMORANDUM DECISION Catherine J. Furay , U.S. Bankruptcy Judge Sheila Marie Spencer ("Spencer"), the Debtor and Plaintiff in this adversary proceeding, filed a Chapter 13 bankruptcy on April 3, 2015. PNC Bank, N.A. ("PNC"), one of the Defendants, filed a Motion for Relief From Stay With In Rem Relief on April 16, 2015. Spencer filed a Chapter 13 Plan and an offer of adequate protection on April 17, 2015. In this adversary proceeding, Spencer contends that PNC participated in a fraud...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . This 2010 bankruptcy case has returned after the United States Supreme Court affirmed that the debtors' only significant asset, an "inherited IRA," is not exempt. To administer that asset, the trustee has objected to a state-created lien claimed by an executing judgment creditor. Avoidance of that lien was asserted by the trustee in 2012, on different grounds, but that adversary proceeding was dismissed by stipulation...
MEMORANDUM DECISION ROBERT D. MARTIN , UNITED STATES BANKRUPTCY JUDGE . Debtor Ann Marie Bogan filed a chapter 7 bankruptcy on December 7, 2012. She amended her claims of exemptions on January 31, 2013. Trustee Zeddun issued a report of no distribution on February 19, 2013. The case was closed on March 29, 2013. Ms. Bogan moved to reopen her case on November 7, 2014. That motion was granted and Ms. Bogan filed another amendment to her claimed exemptions. Ms. Zeddun objected to that...
