MEMORANDUM OPINION IN SUPPORT OF ORDER ENTERING SUMMARY JUDGMENT EXCEPTING DEBT FROM DISCHARGE ROBERT A. GORDON, Bankruptcy Judge. I. Preliminary Statement This dispute raises the question of the extent to which a fact issue can be deemed "actually litigated" and thus binding in subsequent litigation when a party's investment in the former litigation drifts from participatory to unresponsive. Before this bankruptcy case was filed, the Plaintiff, Deborah A. Reed, the Debtor's former wife,...
Memorandum of Decision THOMAS J. CATLIOTA, Bankruptcy Judge. Industrial Bank (the "Bank"), joined by the United States Trustee (the "UST"), seeks dismissal of this bankruptcy case as a bad faith filing by Wayne J. Carter (the "Debtor"), who opposes dismissal. The court held a hearing on the motion to dismiss on September 25, 2013. For the reasons stated herein, the court will dismiss the case. Findings of Fact The findings of fact are determined primarily from the Debtor's previous cases,...
OPINION DUNCAN W. KEIR, Bankruptcy Judge. Defendant Michael E. McLean (hereinafter "Debtor") filed a voluntary Petition commencing a Chapter 7 bankruptcy case on September 9, 2010 (the "Petition Date"). On January 18, 2011, Creditor Airpack, Inc. ("Airpack") commenced Adversary Proceeding No. 11-039 by the filing of a "Complaint Objecting To Discharge Of Certain Debt." That complaint asserted that Airpack held a judgment debt against Debtor in the amount of $230,013.71 as of the Petition...
STIPULATION AND CONSENT ORDER REVISING SCHEDULE FOR SUBMISSION OF LISTS OF PROPOSED MEDIATORS DUNCAN W. KEIR, Bankruptcy Judge. WHEREAS, on May 23, 2013, the Court, in this adversary proceeding, entered an Order Assigning Matter to Bankruptcy Dispute Resolution Program and an Order as to Selection of Mediator (together, the " Mediation Orders "); WHEREAS, the Mediation Orders require that the parties confer in good faith in an effort to select and submit to the Court for approval a list...
MEMORANDUM OPINION IN SUPPORT OF ORDER OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS ROBERTA A. GORDON, Bankruptcy Judge. Before the Court is the Trustee's Objection to Debtor's Claim of Exemptions (Objection) (Dkt. No. 58) filed on May 3, 2011. The Debtor's Response to Trustee's Objection to Debtor's Claim of Exemptions (Response) (Dkt. No. 59) was filed on May 31, 2011. An evidentiary hearing was held on July 13, 2011. At the Court's request, the Trustee filed a post-...
STIPULATION AND CONSENT ORDER REGARDING BALTIMORE COUNTY, MARYLAND'S FIRST AMENDED PROOF OF CLAIM AND MOTION TO ALLOW FILING OF SECOND AMENDED PROOF OF CLAIM NANCY V. ALQUIST, Bankruptcy Judge. This Stipulation and Consent Order is entered into between Peter Chadwick (the "Responsible Officer"), in his capacity as Responsible Officer for the estates of Game Trading Technologies, Inc. and Gamers Factory, Inc. ("Gamers Factory"), and Baltimore County, Maryland ("Baltimore County"), pursuant to...
STIPULATION AND CONSENT ORDER REGARDING BALTIMORE COUNTY, MARYLAND'S FIRST AMENDED PROOF OF CLAIM AND MOTION TO ALLOW FILING OF SECOND AMENDED PROOF OF CLAIM NANCY V. ALQUIST, Bankruptcy Judge. This Stipulation and Consent Order is entered into between Peter Chadwick (the "Responsible Officer"), in his capacity as Responsible Officer for the estates of Game Trading Technologies, Inc. and Gamers Factory, Inc. ("Gamers Factory"), and Baltimore County, Maryland ("Baltimore County"), pursuant to...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. Plaintiff Monica P. McGinley brings this complaint against defendant PNC Mortgage, a division of PNC Bank, N.A. ("PNC"), as well as against defendants Deutsche Bank National Trust Company, as trustee, and Central Mortgage Company. With respect to PNC, plaintiff asserts claims under the Real Estate Settlement Procedures Act ("RESPA"), and seeks both to enjoin foreclosure actions and recover money damages due to PNC's alleged failure...
STIPULATION EXTENDING THE TIME FOR TRAVELERS HOME AND MARINE INSURANCE COMPANY TO RESPOND TO THE COMPLAINT FOR BREACH OF CONTRACT, BREACH OF TRUST, UNJUST ENRICHMENT, CONVERSION, FRAUD AND OBJECTING TO DISCHARGE AND TO DETERMINE NON-DISCHARGEABILITY PAUL MANNES, Bankruptcy Judge. Jay Holsey, t/a Bedrock Remodeling ("Plaintiff") and Travelers Home and Marine Insurance Company 1 ("Travelers"), by their undersigned counsel, stipulate and agree that the time for Travelers to respond to the...
MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING DEBTORS' MOTION FOR STAY PENDING APPEAL ROBERT A. GORDON, Bankruptcy Judge. I. Introduction Pending before the Court is the Debtors' Motion for Stay Pending Appeal (Motion for Stay) (Dkt. No. 132) filed on December 3, 2012. 1 The U.S. Trustee (UST) filed its Opposition to Debtors' Motion for Stay Pending Appeal (Dkt. No. 140) by the deadline agreed upon by the parties and the matter is now ripe for decision. 2 The Motion for Stay seeks to...
SEVENTH STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO COMPLAINT TO AVOID PREFERENTIAL TRANSFERS, TO RECOVER PROPERTY AND FOR RELATED RELIEF ROBERT A. GORDON, Bankruptcy Judge. WHEREAS, on December 26, 2012, Edward T. Gavin, the duly appointed Trustee of the FPI Liquidating Trust (the "Trustee"), by his undersigned counsel, by and on behalf of the FPI Liquidating Trust, filed a Complaint (the "Complaint") to Avoid Preferential Transfers, to Recover Property and for Related Relief...
JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE NANCY V. ALQUIST, Bankruptcy Judge. Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the parties hereby jointly stipulate to the dismissal of this action without prejudice, and state as follows: 1. That the parties have come to an agreement that settles all remaining issues to the satisfaction of all parties involved. 2. All parties will bear their own costs and fees. SO ORDERED
SIXTH STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO COMPLAINT TO AVOID PREFERENTIAL TRANSFERS, TO RECOVER PROPERTY AND FOR RELATED RELIEF ROBERT A. GORDON, Bankruptcy Judge. WHEREAS, on December 26, 2012, Edward T. Gavin, the duly appointed Trustee of the FPI Liquidating Trust (the "Trustee"), by his undersigned counsel, by and on behalf of the FPI Liquidating Trust, filed a Complaint (the "Complaint") to Avoid Preferential Transfers, to Recover Property and for Related Relief...
AMENDED MEMORANDUM OPINION DENYING FEDERAL NATIONAL MORTGAGE ASSOCIATION'S MOTION FOR RELIEF FROM STAY AND OVERRULING FEDERAL NATIONAL MORTGAGE ASSOCIATION'S OBJECTION TO CONFIRMATION OF PLAN ROBERT A. GORDON, Bankruptcy Judge. I. Preliminary Statement This dispute draws into question the ability of a Chapter 13 debtor to utilize 11 U.S.C. 1322(c)(2) 1 to modify the payment of a secured claim that arises from the type of consumer financing known as a "reverse mortgage". For the reasons...
FIFTH STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO COMPLAINT TO AVOID PREFERENTIAL TRANSFERS, TO RECOVER PROPERTY AND FOR RELATED RELIEF ROBERT A. GORDON, Bankruptcy Judge. WHEREAS, on December 26, 2012, Edward T. Gavin, the duly appointed Trustee of the FPI Liquidating Trust (the "Trustee"), by his undersigned counsel, by and on behalf of the FPI Liquidating Trust, filed a Complaint (the "Complaint") to Avoid Preferential Transfers, to Recover Property and for Related Relief...
STIPULATION EXTENDING THE TIME FOR TRAVELERS HOME AND MARINE INSURANCE COMPANY TO RESPOND TO THE COMPLAINT FOR BREACH OF CONTRACT, BREACH OF TRUST, UNJUST ENRICHMENT, CONVERSION, FRAUD AND OBJECTING TO DISCHARGE AND TO DETERMINE NON-DISCHARGEABILITY PAUL MANNES, Bankruptcy Judge. Jay Holsey, t/a Bedrock Remodeling ("Plaintiff") and Travelers Home and Marine Insurance Company 1 ("Travelers"), by their undersigned counsel, stipulate and agree that the time for Travelers to respond to the...
JOINT STIPULATED ORDER DISMISSING COMPLAINT FOR VIOLATION OF THE AUTOMATIC STAY AND TO COMPEL TURNOVER OF DEBTOR PROPERTY WITH PREJUDICE DAVID E. RICE, Bankruptcy Judge. Plaintiffs, John and Cathy Baker, by their attorney, Antonio Aquia and Belsky, Weinberg and Horowitz, LLC, and Defendant, Bank of America, NA, through their attorney, Michael Blumenfeld, and Miles & Stockbridge, P.C., hereby file this Joint Stipulated Order Dismissing Complaint For Violation of the Automatic Stay and to...
MEMORANDUM OPINION IN SUPPORT OF JUDGMENT ORDER DECLARING CERTAIN DEBTS TO BE NON-DISCHARGEABLE AND EXCEPTING THE SAME FROM THE DEBTOR'S DISCHARGE AND DISMISSING THE COMPLAINT AS TO OTHER DEBT THAT SHALL BE DISCHARGED ROBERT A. GORDON, Bankruptcy Judge. I. Preliminary Statement This litigation represents a part of Plaintiffs Timothy and Lisa Limberger's effort to be made whole in the wake of their badly bungled, $1.2 million dollar new home construction project commenced in 2006....
STIPULATION AND CONSENT ORDER CONCERNING CONFIDENTIAL DOCUMENTS AND INFORMATION DAVID E. RICE, Bankruptcy Judge. Plaintiff, Daisy Couloote Phillip ("Phillip") and Defendant David Reecher ("Reecher") (collectively "Parties"), by their undersigned counsel, hereby enter into this Stipulation and Consent Order Concerning Confidential Documents and Information ("Stipulation"). WHEREAS, documents, materials and information will be produced in the above-captioned case by Reecher in discovery as...
SECOND STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO COMPLAINT TO AVOID PREFERENTIAL TRANSFERS, TO RECOVER PROPERTY AND FOR RELATED RELIEF ROBERT A. GORDON, Bankruptcy Judge. WHEREAS The Insurance Company of the State of Pennsylvania (the "Defendant") has been validly served with the Complaint to Avoid Preferential Transfers, to Recover Property and for Related Relief, filed by Edward T. Gavin, the duly appointed Trustee of the FPI Liquidating Trust (the "Trustee") against the...
