MEMORANDUM OPINION OVERRULING TRUSTEE'S OBJECTION TO THE DEBTOR'S CLAIM OF EXEMPTION JAMES F. SCHNEIDER , Bankruptcy Judge . Before the Court is the Trustee's objection to the claim of exemption of real property by the Debtor. 1 In sum, the objection will be overruled and the exemption will be allowed. This opinion holds that (1) the Debtor's interest in marital property held by herself and her non-filing spouse came into the bankruptcy estate upon her filing of bankruptcy and would have...
MEMORANDUM OPINION IMPOSING SANCTIONS FOR VIOLATING THE DISCHARGE INJUNCTION JAMES F. SCHNEIDER , Bankruptcy Judge . Before the Court is the debtor's motion for sanctions for violating the discharge injunction. The motion will be granted for the reasons set forth. FINDINGS OF FACT 1. On October 9, 2008, Jesse and Jeri Hannon (the "Hannons"), Pamela Boyle, Michael T. Brunner, 1 and Scott Alder ("Alder"), the debtor, executed a lease guaranty in support of a lease agreement between 2345...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , U.S. BANKRUPTCY JUDGE . Plaintiff and debtor Maria L. Mejia filed this adversary proceeding against defendants Partners for Payment Relief LLC ("PPR") and Partners for Payment Relief DE III LLC ("DE III") alleging violations of the discharge injunction under 11 U.S.C. 524(a). Specifically, plaintiff alleges that defendants engaged in a series of actions intended to coerce plaintiff into paying her discharged loan. The parties have filed cross-...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , U.S. BANKRUPTCY JUDGE . Before the court is a motion to dismiss the bankruptcy case of the debtor Peter Romero filed by Ralph S. Janvey, in his capacity as a court-appointed receiver for the Stanford International Bank Ltd. (the "Receiver"). ECF 91. The debtor opposes the motion. ECF 105. For the reasons in this Memorandum, the court will deny the motion. The court has jurisdiction over this matter under 28 U.S.C. 1334 and 157(a) and Local...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , U.S. BANKRUPTCY JUDGE . Before the court are cross-motions for summary judgment filed by debtor/plaintiff James Blackston ("Mr. Blackston"), defendant Seterus, Inc. ("Seterus"), and defendant Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, L.P. (collectively "BANA"). See ECF 49, 50, 52, 53, 60, 64, 69, 70, 71, 77, 85, and 86. Mr. Blackston's claims are based on his contention that BANA, and then Seterus as the...
MEMORANDUM OF DECISION IN SUPPORT OF ORDER GRANTING MOTION FOR PROTECTIVE ORDER WENDELIN I. LIPP , U.S. BANKRUPTCY JUDGE . Before the Court are The Harbor Bank of Maryland's Emergency Motion to Quash Subpoena and Motion for Protective Order and the Debtor's Opposition thereto. On June 1, 2016, the Court held a telephonic hearing during which both parties agreed that the Motion to Quash the Subpoena was moot because the Debtor temporarily withdrew his subpoena of Joseph Haskins, who is the...
MEMORANDUM OF DECISION AND FINAL ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND GRANTING JUDGMENT ON THE PLEADINGS DUNCAN W. KEIR , Bankruptcy Judge . This matter comes before the court for consideration of Defendant Langdon Hample's Motion to Dismiss the Complaint for Declaratory Judgment. The Plaintiff filed a Response to the Motion and Defendant Hample filed a Reply. After review of the papers and the record herein, the court finds that a hearing is not necessary to...
Not for Pulication in West's Bankruptcy Reporter MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT DUNCAN W. KEIR , Bankruptcy Judge . Robert W. Auton brought separate adversary proceedings against each of the debtors in the four above-cited bankruptcy cases seeking a determination of nondischargeability for certain debts stemming from a judgment entered in his favor by the Circuit...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Plaintiff Roger Schlossberg, the Chapter 11 Trustee (the "Trustee"), filed two motions for sanctions for spoliation of evidence against defendants Vincent L. Abell ("Mr. Abell"), Marta Bertola ("Ms. Bertola"), and American Trust, LLC ("American Trust"). ECF 84, 108. 1 The Trustee has filed a 43-count amended complaint alleging that Mr. Abell, Ms. Bertola, and numerous other related parties engaged in a systematic and ongoing...
MEMORANDUM OF DECISION RESOLVING MOTION FOR DEFAULT JUDGMENTR AGAINST CHANG WOOK CHON ON COUNT 34 THOMAS J. CATLIOTA , Bankruptcy Judge . Before the court is a motion by Roger Schlossberg, the Chapter 11 trustee, seeking a default judgment against Chang Wook Chon on Count 34 of his amended complaint. ECF 150. Mr. Chon has been properly served and has not filed an answer or otherwise responded to the amended complaint. The court will grant the motion. The court also will certify the...
MEMORANDUM OF DECISION RESOLVING MOTIONS TO DISMISS THOMAS J. CATLIOTA , U.S. BANKRUPTCY JUDGE . Roger Schlossberg, the Chapter 11 trustee, filed a 118-page amended complaint alleging that the debtor Vincent L. Abell, his wife Marta Bertola, and numerous related parties and entities, engaged in a massive real estate and asset concealment scheme to hide millions of dollars of assets from the debtor's creditors and the court. The amended complaint, as filed, named 44 defendants and included...
MEMORANDUM OPINION GRANTING PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT JAMES F. SCHNEIDER , Bankruptcy Judge . The matter before this Court is the plaintiff's amended motion for summary judgment [P. 9] on the complaint to compel turnover of debtor's property pursuant to 11 U.S.C. 522(g) and (h) and request for attorney's fees. For the reasons set forth herein, the motion will be granted. FINDINGS OF FACT 1. On August 21, 2013, the defendant, Ford Motor Credit Company, LLC, ("...
MEMORANDUM OF DECISION FUNCAN W. KEIR , Bankruptcy Judge . This matter came before the court on the Motion for Summary Judgment and Request for Hearing (the "Motion") filed by the Plaintiff, Said S. Salah, and the Opposition thereto filed by the Defendant, Shereen Jaouni. After a review of the pleadings and exhibits, the court finds that a hearing is not necessary to the decision upon the Motion and would not aid in the resolution of the matter. The Plaintiff initiated this adversary...
MEMORANDUM TO COUNSEL DUNCAN W. KEIR , Bankruptcy Judge . Upon consideration of counsel's response to the court's Order to Justify Fee and the record herein, the court has determined to take no further action with respect to counsel's fee. However, counsel is reminded that Bankruptcy Rule 2016(b) requires a supplemental statement after any payment or agreement not previously disclosed.
NOT FOR PUBLICATION MEMORANDUM DECISION RE MOTION TO EXTEND AUTOMATIC STAY AGAINST ALL CREDITORS AS TO DEBTOR PURSUANT TO 11 U.S.C. 105(a), 362(c)(3)(A), (B); AND TO RECOGNIZE CONTINUED EXISTENCE OF AUTOMATIC STAY AS TO PROPERTY OF THE ESTATE S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has filed a motion titled Motion to Extend Automatic Stay Against All Creditors as to Debtor Pursuant to 11 U.S.C. 105(a), 362(c)(3)(A), (B); and to Recognize Continued Existence of Automatic...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR RECONSIDERATION S. MARTIN TEEL, Jr. , Bankruptcy Judge . This order addresses a request by the defendant, Renee Andrea Oliver, for reconsideration of an order enforcing the parties' settlement. The request will be denied. I On December 17, 2014, the court entered in this adversary proceeding its Amended Order Approving Compromise (Dkt. No. 44) and the Judgment (Dkt. No. 45). On October 30, 2015, ten months and...
