(NOT FOR PUBLICATION) UNDER ADVISEMENT RULING ON MOTIONS TO DISMISS DEBTOR'S SECOND AMENDED COMPLAINT (TRO, DECLARATORY RELIEF, TILA RESCISSION AND SLANDER OF TITLE IN CONNECTION WITH THE RESIDENTIAL MORTGAGE) DANIEL P. COLLINS , Bankruptcy Judge . The Court is asked to rule on two Motions to Dismiss ("Motions") (DE's 57 and 60) 1 Plaintiff's Second Amended Complaint (DE 48). The Motions were filed by Defendants LSF9 Master Participant Trust ("LSF9"), Caliber Home Loans, Inc. ("Caliber"),...
MEMORANDA DECISION RE: MOTION FOR RELIEF FROM AUTOMATIC STAY UNDER 362(a) Scott H. Gan , Bankruptcy Judge . On September 22, 2016, Diana R. Shaffer (the "Debtor") filed a petition pursuant to chapter 13 of the Bankruptcy Code 1 . On October 7, 2016, a creditor in the case, Procaccianti AZ II LP ("Procaccianti") filed a Motion to Confirm, the Inapplicability of Automatic Stay or in the Alternative to Lift the Automatic Stay (the "Motion") 2 . On October 21, 2016 Debtor filed a Response...
UNDER ADVISEMENT DECISION DETERMINING DISCHARGEABILITY OF DEBT (Not for Publication-Electronic Docketing ONLY) DANIEL P. COLLINS , Chief Bankruptcy Judge . Before the Court is the adversary complaint of Laura Cruz ("Plaintiff" or "Ms. Cruz") against Debtors Royle Duff Schmidt and Natalie Schmidt ("Debtors" or "Mr. Schmidt" and "Natalie") seeking to declare nondischargeable certain claims asserted by Ms. Cruz against the Debtors. As more fully discussed below, this Court finds Natalie and...
NOT FOR PUBLICATION ORDER GRANTING STAY RELIEF DANIEL P. COLLINS , Bankruptcy Judge . Before the Court is the Renewed Motion for Stay Relief ("Renewed Stay Lift Motion") of Nicole Groff ("Ms. Groff"), former spouse of David Ray Turner ("Debtor"), seeking an order of this Court granting relief from the automatic stay imposed under 11 U.S.C. 362(a). 1 For the reasons stated below, the Court is terminating the 362(a) and 1301 bankruptcy stays and waiving the 14-day stay of Bankruptcy...
Trial Bankruptcy Judge : Hon. Eddward P. Ballinger, Jr. Introduction The issues before the Court are whether the Rev Op Group ("ROG") defendants 1 in this adversary case are bound to an irrevocable agency agreement with Plaintiff ML Manager, LLC ("ML Manager") and, if bound, the extent of ML Manager's agency authority. A trial was held over the course of four days, from June 7-10, 2016, and the parties submitted post-trial memoranda on June 29, 2016. Factual Background The facts...
RULING ON TRUSTEE'S MOTION FOR ORDER MODIFYING THE AUTOMATIC STAY Scott H. Gan , Bankruptcy Judge . FACTS AND PROCEDURAL HISTORY 1 Nina M. Harper ("Debtor") filed for chapter 7 bankruptcy protection on December 4, 2014. Approximately nine months earlier, on February 24, 2014, Debtor's mother, also known and Nina M. Harper, died with a valid will (the "Will") allegedly assigning to the Debtor an interest in the Nina M. Harper Trust (the "Trust"). The Debtor did not disclose her Trust...
UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Chief Bankruptcy Judge . Mayo Clinic ("Plaintiff") filed this adversary proceeding seeking a judgment of this Court holding Plaintiff's claims against Michael Halsam ("Debtor") nondischargeable under 11 U.S.C. 523(a)(4) 1 . For the reasons stated below, the Court holds that Plaintiff's claim is nondischargeable in this Chapter 13 proceeding. I. Procedural History A. State Court Proceedings On December 21, 2012, Plaintiff filed a lawsuit...
UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Chief Bankruptcy Judge . Mayo Clinic ("Plaintiff") filed this adversary proceeding seeking a judgment of this Court holding Plaintiff's claims against Michael Halsam ("Debtor") nondischargeable under 11 U.S.C. 523(a)(4) 1 . For the reasons stated below, the Court holds that Plaintiff's claim is nondischargeable in this Chapter 7 proceeding. I. Procedural History A. State Court Proceedings On December 21, 2012, Plaintiff filed a lawsuit...
UNDER ADVISEMENT RULING ON DEBTOR'S OBJECTION TO TRUSTEE'S APPOINTMENT OF SPECIAL COUNSEL DANIEL P. COLLINS , Chief Bankruptcy Judge . David M. Reaves, Chapter 7 trustee ("Trustee") of the bankruptcy estate of Neera Malhotra ("Debtor") applied for an order approving the employment of Nussbaum Gillis & Dinner, P.C. ("NGD") as special counsel in this matter in accordance with 11 USC 327. 1 The Debtor objected due to NGD's concurrent representation of a creditor of the estate. This Court...
Not for Publication MEMORANDUM DECISION PAUL SALA , Bankruptcy Judge . Before the Court is the proof of claim (Claim # 5-1) filed by JLE-04 Parker, LLC ("JLE'), the objection thereto (Dkt. 81) by Erik and Daryl de Jong (the "Debtors"), JLE's Application for Administrative Priority Claim (Dkt. 251), and the Debtors' objection thereto (Dkt. 265). The matters were consolidated for trial which the Court conducted over a four day period. At total of 9 witnesses testified, including 2 by way of...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING ON DEBTORS' OBJECTIONS TO TRUSTEE'S PLAN RECOMMENDATIONS DANIEL P. COLLINS , Chief Bankruptcy Judge . Craig Steven Ridenhour and Getuta Ridenhour ("Debtors") filed their Amended Chapter 13 Plan ("Plan") (Docket Entry ("DE") 102) 1 to which the Chapter 13 trustee, Russell Brown ("Trustee"), filed his Plan Recommendations (DE 108). By way of their objections to these recommendations, Debtors filed their Motion to Set Hearing on Trustee's Plan...
[NOT FOR PUBLICATION] ORDER DENYING MOTION FOR STAY PENDING APPEAL DANIEL P. COLLINS , Bankruptcy Judge . Defendant, Gregory Leverton ("Debtor"), filed his Motion for Stay Pending Appeal ("Motion") on August 21, 2015 at Adversary Docket Entry ("DE") 141. Plaintiff, Susan Smith ("Plaintiff") and Debtor, sought to resolve their disputes in a mediation conducted by Bankruptcy Judge Eileen Hollowell. When the parties could not reach an agreement, on January 26, 2016, Plaintiff filed her...
Not for Publication UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Bankruptcy Judge . Troy Allen Short ("Plaintiff" or "Short") seeks an order of this Court holding his claims against Debtor/Defendant Francis Diane Toth ("Debtor" or "Toth") nondischargeable under 11 U.S.C. 523(a)(6). 1 For the reasons stated below, the Court will enter judgment in favor of Plaintiff and against Toth declaring nondischargeable his claims against Toth in the principal amount of $184,077.30 2 plus interest...
