MEMORANDUM OF DECISION AND ORDER DISMISSING CASE WITH PREJUDICE WITH A THREE-YEAR BAR TO REFILING ECF No. 37 JULIE A. MANNING , Chief Bankruptcy Judge . I. Background Johnny Ray Moore (the "Debtor"), proceeding pro se, filed a Chapter 13 Petition on September 20, 2019 (the "Debtor's 2019 Bankruptcy Case"). On December 11, 2019, the Chapter 13 Trustee (the "Trustee") filed a Motion to Dismiss the Debtor's 2019 Bankruptcy Case, arguing that the Debtor's liabilities exceed the...
MEMORANDUM OF DECISION AND ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY RE: ECF No. 72 JULIE A. MANNING , Chief Bankruptcy Judge . On September 20, 2019, Johnny Ray Moore (the "Debtor") filed a Chapter 13 petition in this Court. On January 16, 2020, JPMorgan Chase Bank, National Association ("JP Morgan"), filed a Motion for Relief from Stay seeking relief pursuant to 11 U.S.C. 362(d)(1) and (d)(2), and in rem relief pursuant to 362(d)(4) (the "Motion for Relief from Stay")...
AMENDED MEMORANDUM OF DECISION 1 ON THE REORGANIZED DEBTORS' MOTION FOR ENTRY OF FINAL DECREE AND ORDER CLOSING THE CHAPTER 11 CASES RE: ECF Nos. 1148, 1166 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion for Entry of Final Decree and Order Closing the Chapter 11 Cases (the "Motion", ECF No. 1148) of the related Reorganized Debtors, Clinton Nurseries, Inc.; Clinton Nurseries of Maryland, Inc.; Clinton Nurseries of Florida, Inc.; and Triem LLC (...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT ECF NO. 38 JULIE A. MANNING , Chief Bankruptcy Judge . I. Background On May 4, 2018, Ann Browning, Richard Browning, Lance Browning, Karen Giunta, and Jill Milligan (the "Plaintiffs") commenced this adversary proceeding against William David Peters III and Victoria Browning Peters (the "Defendants"). The one-count Complaint seeks a determination that a debt owed to the Plaintiffs by the Defendant Victoria Browning Peters is non-...
MEMORANDUM OF DECISION ON THE REORGANIZED DEBTORS' MOTION FOR ENTRY OF FINAL DECREE AND ORDER CLOSING THE CHAPTER 11 CASES RE: ECF Nos. 1148, 1166. JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion for Entry of Final Decree and Order Closing the Chapter 11 Cases (the "Motion", ECF No. 1148) of the related Reorganized Debtors, Clinton Nurseries, Inc.; Clinton Nurseries of Maryland, Inc.; Clinton Nurseries of Florida, Inc.; and Triem LLC (collectively,...
MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION TO CONVERT ECF Nos. 103, 114 JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction On November 30, 2017, Lisa V. Elwell (the "Debtor") filed a Chapter 13 petition and a Chapter 13 Plan. The Debtor's Chapter 13 Plan, and all amendments to the Plan, proposes to pay JP Morgan Chase, N.A. ("JP Morgan") a debt that has been due to JP Morgan for more than nine years. On September 11, 2019, the Debtor filed a Fifth...
AMENDED 1 MEMORANDUM OF DECISION AND ORDER ASSESSING SANCTION FOR VIOLATION OF DISCHARGE INJUNCTION Re: ECF Nos. 888, 902 ANN M. NEVINS , Bankruptcy Judge . Having concluded the discharge injunction set forth in 11 U.S.C. 524(a) was violated and that the movant incurred attorneys' fees as a result, the court now requires payment of a portion of the movant's attorneys' fees as a sanction. On July 27, 2018, this Court entered an Order determining Dorothy DeJesus and Candace Scott (...
MEMORANDUM OF DECISION AND ORDER ASSESSING SANCTION FOR VIOLATION OF DISCHARGE INJUNCTION Re: ECF Nos. 888, 902 ANN M. NEVINS , Bankruptcy Judge . Having concluded the discharge injunction set forth in 11 U.S.C. 524(a) was violated and that the movant incurred attorneys' fees as a result, the court now requires payment of a portion of the movant's attorneys' fees as a sanction. On July 27, 2018, this Court entered an Order determining Dorothy DeJesus and Candace Scott (collectively,...
MEMORANDUM AND ORDER OVERRULING DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 6 ECF No. 109 JULIE A. MANNING , Bankruptcy Judge . I. Introduction On November 26, 2018, Hopkins Fabrication, LLC (the "Debtor") filed an amended Chapter 7 petition, Schedules AB, D, EF, G, H, Summary of Assets and Liabilities, Statement of Financial Affairs, and a Creditor Matrix. ECF Nos. 13 and 15. On the Schedule EF, the Schedule H, and the Creditor Matrix, the Debtor listed the "CT Second Injury Fund" as a...
ECF NO. 16 MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Julie A. Manning , Chief United States Bankruptcy Judge . I. Background William K. Harrington, the United States Trustee for Region 2 (the "Plaintiff") commenced this Adversary Proceeding on March 22, 2018 against Corey Kupersmith (the "Debtor"). The Nine-Count Complaint seeks revocation of the Debtor's discharge under 11 U.S.C. 727(d)(2) and denial of the Debtor's discharge under 11 U.S.C. 727(a)(2)(B)...
MEMORANDUM OF DECISION DENYING MOTIONS FOR RECONSIDERATION OF ORDER CONVERTING CASE TO CHAPTER 7 ECF Nos. 122, 156, 159, 169 JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction Olegna Fuschi-Aibel (the "Debtor"), proceeding pro se, filed an individual Chapter 11 petition on January 18, 2018. On August 15, 2019, the Court entered an order converting the Debtor's case to a case under Chapter 7 (the "Conversion Order"). The Debtor now seeks reconsideration of the Conversion Order....
RE: ECF No. 60 MEMORANDUM OF DECISION AND ORDER AUTHORIZING DISTRIBUTION OF FUNDS TO DEBTOR Julie A. Manning , Chief United States Bankruptcy Judge . I. Introduction On September 28, 2018, Robert Hernandez, Sr. (the "Debtor") filed a Chapter 13 petition. On January 16, 2019, the Debtor filed a First Amended Chapter 13 Plan (the "First Amended Plan"). In order to meet the obligations in the First Amended Plan, the Debtor proposed to make monthly payments of $717.00 directly to the...
RULING ON TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION IN INHERITED INDIVIDUAL RETIREMENT ACCOUNT RE: ECF NOS. 1, 11, 19 JAMES J. TANCREDI , Bankruptcy Judge . Before the Court is the Chapter 7 Trustee's ("Trustee") Objection to the Debtor's Claim of Exemptions in Inherited Individual Retirement Account ("Objection," ECF No. 11). Therein, the Trustee argues that the claimed exemption of funds pursuant to Connecticut General Statutes 52-352b(m) and 52-321a by the Debtor, Diane L....
RULING AND MEMORANDUM OF DECISION DENYING DEFENDANTS' MOTIONS TO DISMISS RE: ECF NOS. 8, 17, 18, 25, 31, 32 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION The Debtor, Donna J. Barnes ("Debtor"), initiated this Adversary Proceeding pursuant to Federal Rules of Bankruptcy Procedure 7001(3) in her underlying Chapter 11 case to obtain approval for the sale of both the interest of the Debtor's estate and the interest of the non-debtor, her co-owner spouse ("James R. Barnes") in...
ORDER AND RULING DENYING APPROVAL OF REAFFIRMATION AGREEMENT RE: ECF Nos. 14, 21 JAMES J. TANCREDI , Bankruptcy Judge . Pending before the Court is a reaffirmation agreement (ECF No. 14) filed by creditor American Honda Finance Corporation ("Honda") on behalf of itself and Kayla W. Sheeley (the "Debtor"). The reaffirmation agreement concerns the Debtor's unexpired automotive lease for a 2019 Honda HR-V. On July 31, 2019, the Debtor filed a voluntary petition seeking relief under Chapter...
MEMORANDUM OF DECISION AND ORDER ON MOTION TO DISMISS CASE AND ORDER TO APPEAR AND SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED AND WHY APPROPRIATE SANCTIONS SHOULD NOT BE ISSUED RE: ECF NOS. 1, 9, 12, 39, 53, 74, 76, 80 (and Related Filings) JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion to Dismiss ("Motion," ECF No. 9) filed by Justin Buck ("Mr. Buck"), the minority stakeholder 1 of the alleged Debtor, Best Home Performance of CT, LLC ("Best")....
MEMORANDUM OF DECISION AND ORDER DENYING MOTION FOR CONTEMPT OF DISCHARGE INJUNCTION RE: ECF 94 ANN M. NEVINS , Bankruptcy Judge . Before the court is the question of whether a restitution order entered in a state criminal proceeding is a dischargeable obligation under 11 U.S.C. 523(a)(7). If so, Benson Snaider (the "Debtor") asks the court to hold in contempt the State of Connecticut Client Security Fund Committee (the "Client Security Fund"), the State of Connecticut Department of...
MEMORANDUM OF DECISION AND ORDER GRANTING IN PART MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND DENYING RETROACTIVE RELIEF Re: ECF No. 77 ANN M. NEVINS , Bankruptcy Judge . The City of New Haven, Connecticut ("City") seeks relief from stay on a retroactive basis to cure its admitted violation of the automatic stay. ECF No. 77. The debtor here commenced a voluntary Chapter 13 bankruptcy petition on August 1, 2014. On October 2, 2015, the debtor's Second Amended Chapter 13 plan was...
RULING ON THE TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF EXEMPTIONS RE: ECF Nos. 15, 21 JAMES J. TANCREDI , Bankruptcy Judge . Before the Court is the Chapter 7 Trustee's ("Trustee") Objection to Debtors' Claim of Exemptions ("Objection," ECF No. 15). The Debtors, Christopher and Amy Sicotte ("Debtors"), claim an exemption in a Winchester .22 caliber lever action rifle with case and ammunition ("the Firearm") under Connecticut General Statutes 52-352b(a). The Trustee objects on the basis...
MEMORANDUM OF DECISION AND ORDER DISMISSING CASE WITH PREJUDICE WITH A TWO YEAR BAR TO REFILING ECF Nos. 11, 16 JULIE A. MANNING , Bankruptcy Judge . On October 11, 2019, the Court issued an Order to Appear and Show Cause why the Debtor's case should not be dismissed with prejudice as a bad faith filing (the "Order to Appear and Show Cause," ECF No. 11). The Order to Appear and Show Cause was served on the Debtor at the address listed on her Chapter 13 Petition. See ECF No. 12. The...
