MEMORANDUM OF DECISION EUGENE R. WEDOFF, Bankruptcy Judge. This Chapter 13 case is before the court on the debtor's motion to modify her confirmed plan. The motion seeks to make two changes in the plan—lowering the monthly payment to creditors and reducing the payment period. The trustee has objected, arguing that the debtor failed to show that either change is permitted under 1325(b) of the Bankruptcy Code (Title 11, U.S.C.). A major issue in dispute is whether 1325(b) applies to motions...
MEMORANDUM OPINION PAMELA S. HOLLIS, Bankruptcy Judge. On May 18, 2010 ("Filing Date"), Erie Playce LLC ("Erie") filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. Harris N.A. ("Harris") as assignee from Amcore Bank N.A. ("Amcore"), a secured creditor holding a mortgage on real estate owned by Erie, filed an objection to Erie's Motion to Direct the Receiver to Make Payments to Harris N.A. and Related Relief ("Motion") under 11 U.S.C. 362(d)(3). The issue before...
MEMORANDUM OPINION PAMELA S. HOLLIS, Bankruptcy Judge. Travis Crowell ("Crowell"), a creditor in debtor William Porayko's ("Porayko") Chapter 7 bankruptcy, filed this adversary complaint on November 5, 2009, to except his debt from discharge under 11 U.S.C. 523(a)(6) based on Porayko's prepetition transfer of funds from his TCF bank account ("TCF Account") in violation of a prohibition on the transfer of non-exempt assets contained in a citation to discover assets ("Citation") served upon...
MEMORANDUM OPINION A. BENJAMIN GOLDGAR, Bankruptcy Judge. This matter is before the court for ruling on the motion of debtor-defendant Andrew A. Jahelka ("Jahelka") to dismiss the amended complaint of plaintiff Wachovia Securities, LLC ("Wachovia") under Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure (made applicable by Fed. R. Bankr.P. 7009, 7012(b)). In an earlier order, the court granted Jahelka's motion to dismiss Wachovia's initial single-count complaint but also...
OPINION ON OBJECTION TO AHMAD HINDI'S CLAIM NO. 16 JACK B. SCHMETTERER, Bankruptcy Judge. Debtor, Louis Jones Enterprises, Inc., filed for relief under Chapter 11 on March 16, 2010. It objected to the Claim of its employee Ahmad Hindi ("Hindi") in the amount of $7,683, which rested on his medical bills. Those bills should have been but were not paid by the health care policy that Debtor carried for its employees. Debtor, upon request from the bench, filed a Report giving details as to...
