SALADINO , Bankruptcy Judge . The Appellant, GE Capital Commercial, Inc. ("GE Capital"), appeals the decision of the bankruptcy court denying its motion for allowance of an administrative expense claim for unpaid lease obligations against the Debtor-Appellee, Sylva Corporation, Inc. ("Sylva"). For the reasons set forth below, we reverse and remand for further proceedings. FACTUAL BACKGROUND The parties are in agreement on the pertinent facts applicable to this appeal. 1 In November 2007,...
NAIL , Bankruptcy Judge . James G. Jandrain, Distefano Family Ltd. Partnership, George Allison, Jr., Frank and Phyllis Cernik, Chris and Amy Daniel, Timothy Jackes, George Kramer, and Bernie Marquardt (collectively, "Jandrain, et al. ") appeal the May 22, 2014 judgment of the bankruptcy court determining certain funds were property of the bankruptcy estate, awarding Trustee Thomas D. Stalnaker certain fees and expenses, and surcharging those fees and expenses against the funds the...
SHODEEN, Bankruptcy Judge. John A. Larson, III, appeals the November 1, 2013 orders entered by the Bankruptcy Court 1 granting a Motion to Dismiss his complaint and denying his Motion for Retroactive Approval to Prosecute Derivative Action Complaint. For the reasons that follow, we AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND Cindy M. Foster ("Debtor") was an agent for Allstate Insurance Company and a number of associated entities. According to a purchase agreement dated April 26, 2010, John...
SCHERMER, Bankruptcy Judge. Robert L. Fields (the "Debtor") appeals from the judgment of the bankruptcy court 1 excepting a debt owed to Community Finance Group, Inc. ("CFG") from the Debtor's discharge under 11 U.S.C. 523(a)(2)(A). We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). We affirm. ISSUES The issues in this appeal are whether the bankruptcy court clearly erred when it found that: (1) the Debtor made a...
FEDERMAN, Chief Judge. The Chapter 7 Trustee in the bankruptcy case of Grace M. Johnson appeals from the Order of the Bankruptcy Court holding that a property tax refund is exempt under Minn.Stat. 550.37, subd. 14, as "government assistance based on need." For the reasons that follow, we reverse. FACTUAL BACKGROUND Debtor Grace M. Johnson is an 88-year old widow whose only regular source of income is social security. She owns a home valued at $200,000 with approximately $150,000 in equity....
SCHERMER, Bankruptcy Judge. Kathy A. Cruz, appeals from the: (1) September 11, 2013 Order Imposing Sanctions and Judgment; and (2) October 1, 2013 Order Denying Motion to Vacate or to Alter or Amend Judgment. For the reasons that follow, we rule consistently with respect to the bankruptcy court's two decisions, affirming in part, and reversing and remanding in part. ISSUES The issues in this appeal are whether the bankruptcy court erred when it: (1) decided that Cruz violated Federal...
NAIL, Bankruptcy Judge. Trustee Thomas Stalnaker and Centris Federal Credit Union appeal the May 21, 2013 judgment of the bankruptcy court to the extent it determined certain funds were not property of the bankruptcy estate. James G. Jandrain, Distefano Family Ltd. Partnership, George Allison, Jr., Frank and Phyllis Cernik, Chris and Amy Daniel, Timothy Jackes, George Kramer, and Bernie Marquardt appeal the same judgment to the extent it awarded Stalnaker certain fees and expenses and...
KRESSEL, Bankruptcy Judge. The debtor, Doug Walker, appeals the bankruptcy court's 1 order determining that a debt arising from a civil judgment in favor of the appellees, Sailor Music, Controversy Music, Innocent Bystander, Write Treatage Music, Universal Polygram International Publishing, Inc. and Hideout Records and Distributors, Inc., for copyright infringement was excepted from discharge under 11 U.S.C. 523(a)(6). We affirm. BACKGROUND The debtor was a managing member of Twister's...
ORDER On November 24, 2014, we affirmed the bankruptcy court's award of actual damages for Eldon Bugg and Danny Bugg's willful violation of the automatic stay but reversed its award of punitive damages. The Buggs have now made a motion for rehearing. As we find no merit in the motion, it is denied. Federal Rule of Bankruptcy Procedure Rule 8022 governs motions for rehearing. It requires the motion "to state with particularity each point of law or fact that the movant believes the district...
JUDGMENT Pursuant to the judgment of the United States Court of Appeals, the mandate in this case is hereby recalled and the Panel's opinion and judgment of November 29, 2012 are vacated. It is further ordered and adjudged that the judgment of the Bankruptcy Court is reversed and this case is remanded to the Bankruptcy Court for proceedings consistent with the opinion of the U.S. Court of Appeals. Mandate shall issue forthwith.
