MEMORANDUM 1 Chapter 7 3 debtor Cery Bradly Perle ("Perle") appeals the decision of the bankruptcy court that a debt owed to creditor Alfonso Fiero ("Fiero") 4 is nondischargeable under 523(a)(6) and (19). We AFFIRM. FACTS The events that gave rise to the nondischargeability judgment occurred in 1997 and 1998. There were two registered securities broker-dealers involved in this dispute, Waldron & Co., Inc. ("Waldron") and Fiero Brothers, Inc., both of which were members of the National...
OPINION JURY, Bankruptcy Judge: Chapter 7 2 trustee, Dale D. Ulrich, commenced an adversary proceeding against debtors David and Laura Fursman (the "Fursmans" or "Debtors") and First Protection, Inc. ("FP"), and non-debtors Gale P. Thompson ("Thompson") and Redux Development, LLC ("Redux") (collectively, the "Defendants") seeking to avoid the Fursmans' postpetition transfer of 50% of their interest in Redux to Thompson under 549. The parties filed cross motions for summary judgment....
NOT FOR PUBLICATION MEMORANDUM 1 Creditor Mahmood K. Rafsanjani ("Rafsanjani") appeals the bankruptcy court's judgment dismissing his objections to the discharge of chapter 7 3 debtor Reza Kuchecki ("Kuchecki") under 727 (a)(3), (a)(4)(A), and (a)(5). We AFFIRM. FACTS Kuchecki and Rafsanjani are cousins and Russian immigrants. In approximately August 1999, Kuchecki borrowed money from Rafsanjani in connection with their joint venture to acquire and operate a gasoline station in...
NOT FOR PUBLICATION MEMORANDUM 1 Attorney James M. LaGanke and his law firm (collectively referred to as "LaGanke") appeal the decision of the bankruptcy court ordering them to disgorge a prepetition payment of $17,000 in fees from a client, chapter 7 3 debtor PFG Construction, Inc. ("Debtor"). We AFFIRM. FACTS Acting through its counsel LaGanke, Debtor, a general contractor, filed its chapter 7 petition on August 4, 2009. Anthony H. Mason ("Trustee") was appointed the chapter 7 trustee....
Not for Publication MEMORANDUM * INTRODUCTION Debtor Agnes Cregar ("Cregar") filed bankruptcy schedules that omitted certain assets and undervalued others. After the chapter 7 1 trustee ("Trustee") discovered the inaccuracies in Cregar's schedules, and demanded turnover of the unreported assets, Cregar amended her schedules to claim the assets as exempt. The Trustee objected to Cregar's amended exemption claims on the basis of bad faith, asserting that Cregar had attempted to conceal the...
NOT FOR PUBLICATION MEMORANDUM 1 This is an appeal from the bankruptcy court's approval of a settlement between the chapter 11 2 trustee (Trustee) for the debtor, Namco Capital Group, Inc. (Namco or the Debtor), and creditor, Roya Boucherian (Boucherian). The centerpiece of the settlement liquidates a note and deed of trust that the Debtor collaterally assigned to Boucherian by providing for the eventual transfer to Boucherian of title to the real property secured by the deed of trust free...
MEMORANDUM 1 ERNEST M. ROBLES, Bankruptcy Judge Chapter 7 debtor Edgart F. Gonzalez ("Debtor") appeals the decisions of the bankruptcy court dismissing all defendants as principals and agents from an adversary proceeding prosecuted by Debtor challenging the secured claims of those defendants. We AFFIRM. FACTS This appeal involves three parcels of real estate acquired by Debtor prepetition: the "Greenbriar" property, the "Terra Vista" property, and the "Wave" property. On or about August...
MEMORANDUM 1 KATHLEEN H. THOMPSON, Bankruptcy Judge The debtors, Shahriar Dargahi and Nazila Adeli-Nadjafi, filed a complaint to determine the amount of the secured claim of Kest Investment Co. ("KIC"). 3 In their complaint, the debtors asserted certain offsets against the claim and disputed certain charges included in the claim. The debtors never amended their complaint. They instead raised additional issues in a second proposed pre-trial order; namely, the debtors sought a determination...
NOT FOR PUBLICATION MEMORANDUM 1 Edward Williams Cutter, II ("Cutter") and John F. Cutter, Guardian ad Litem ("Guardian") for Edward Williams Cutter aka Trip Cutter ("Trip") (together, the "Cutter Parties") appeal the judgment of the bankruptcy court denying Cutter's discharge under 11 U.S.C. 727 (a) (2), (3), (4) and (6), 4 determining that his debt to the Probate Estate of Alberta Patricia McNamara ("McNamara") is nondischargeable under 523 (a) (2), (4) and (6), and quieting title in...
OPINION NOVACK, Bankruptcy Judge. Appellant Allen Korneff ("Korneff") appeals from an order approving a stipulation between debtor Downey Regional Medical Center-Hospital, Inc. ("Downey") and ING Life Insurance and Annuity Company ("ING") regarding turnover of more than $1.6 million that Downey had deposited with ING ("ING account") pursuant to a deferred compensation plan. Korneff, Downey's former CEO and a participant in the plan, objected to the stipulation and asserted that approximately...
OPINION DUNN, Bankruptcy Judge: INTRODUCTION The chapter 11 1 debtor in possession in this case is Big3D, Inc. ("Big3D"). Secured creditor People's Capital and Leasing Corporation ("PCLC") appeals the bankruptcy court's decision that it was not entitled to adequate protection payments from Big3D to compensate it for the alleged decline in the value of its collateral occurring between the bankruptcy petition date and the date PCLC filed its request for adequate protection. We AFFIRM....
AMENDED OPINION KWAN, Bankruptcy Judge. Chapter 7 debtors, Laurence R. Nicholson and Joyce V. Nicholson amended their bankruptcy schedules to claim an exemption in shares of stock in Applied Science, Inc. ("ASI"). The trustee objected to the amendment on the ground that the debtors had claimed the exemption in bad faith. Karen Tyner, who had joined in the trustee's objection, and ASI appeal the bankruptcy court's order overruling the objection and denying the appellants' request for an...
Bankruptcy Nos. The only issue we see, and as raised by the Smiths and the Hamburgs, is whether the Scovis analysis changes because the second lien claims in these cases were consensual liens secured solely by real property that is the principal residence of the debtors. Rule 7001(2).
Bankruptcy Nos. On the other hand, the contracts do acknowledge that RESPA imposes duties on the creditors to provide account reports. While mortgage loan account reporting requirements may be enhanced by these plan provisions, they do not modify any of the basic rights of the mortgage creditors.
v., Joan A. Tober, Appellee. The Fact Sheet stated the bill's purpose:, Exempts up to $100, 000 of the proceeds from life insurance policies from the claims of creditors in the case of bankruptcy or other court proceedings when a dependent family member has been named beneficiary of those proceeds.
, Debtor asserts the bankruptcy court erred in its ruling because the postpetition HOA dues arose out of a prepretition contract and, therefore, any assessments made after the order for relief constitute prepetition debts that fall within the scope of § 1328(a). Rosenfeld, 23 F.3d at 835.
Additionally, the Debtors contended Lopez permits direct payments of unimpaired claims. Simons v. Fed. In this case, the Debtors *688 amended their original plan to accommodate the bankruptcy court's reasons for denying confirmation of their original plan and then appealed the Confirmation Order.
, Trustee opposed Sapp's motion, contending that MILA had a direct interest in the Policy's B-side coverage because it protects MILA from Sapp's indemnification claims or the estate from having to make the obliged indemnification payments from its own assets should Sapp exhaust the Policy's limits.
, Wells Fargo contends that because the account funds were property of the estate, Appellants have no right to compel turnover of the funds to them because § 542(b) lacks any reference to debtors or their exemption rights.The stay of § 362(a) arises automatically when a bankruptcy case is filed.
, Pro se debtors, Howard and Gayle Scott, appeal the bankruptcy court's order denying their motion for an order requiring the Internal Revenue Service (IRS) to remove its tax liens from their residence and to refund alleged overpayments of income taxes.[6]See Rule 9014(b). 9 Collier on Bankruptcy
