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...
