MEMORANDUM TO COUNSEL DAVID E. RICE , Bankruptcy Judge . After consideration of counsel's response to the court's Order to Justify Fee, the record herein, and the particular facts and circumstances of this case explained in counsel's response, the court has determined to take no further action with respect to counsel's fee.
MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING DEFENDANTS' MOTION [ECF NO. 423] TO DISMISS COUNTS 3, 10, 16, AND 20 OF THE SECOND AMENDED COMPLAINT NANCY V. ALQUIST , U.S. BANKRUPTCY JUDGE . In this adversary proceeding, the Trustee seeks to avoid as fraudulent transfers certain agreements entered into between the Debtors and the Defendant Banks (including liability releases given to the Banks) and the transfer of hundreds of millions of dollars paid under certain of these agreements. The...
MEMORANDUM OPINION LORI S. SIMPSON , U.S. BANKRUPTCY JUDGE . Before the Court is the Debtor's Objection to Manor Care of Potomac MD, LLC's Proof of Claim [Dkt. No. 38] (the "Claim Objection") and the Opposition and Partial Objection to Exemption [Dkt. No. 46], filed by Manor Care of Potomac MD, LLC ("Manor Care"). This matter came before the Court for a hearing on August 6, 2019. At the conclusion of the hearing, the Court announced that it would take ruling on the Claim Objection and...
MEMORANDUM TO COUNSEL DAVID E. RICE , Bankruptcy Judge . After consideration of counsel's response to the court's Order to Justify Fee, the record herein, and the particular facts and circumstances of this case explained in counsel's response, the court has determined to take no further action with respect to counsel's fee. SO ORDERED.
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Before the court is Plaintiff Maria L. Mejia's motion for award of attorneys' fees and costs (the "Application") and the opposition filed by defendants Partners for Payment Relief LLC ("PPR") and Partners for Payment Relief DE III LLC ("DE III") (collectively, the "Defendants"). ECF 156, 160. For the reasons set forth herein, the Application will be granted in part and Ms. Mejia will be awarded fees in the amount of $387,732...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Plaintiff State of Maryland Central Collection Unit seeks to except from discharge under 11 U.S.C. 523(a)(2)(A) a debt owed to it by debtor and defendant Joseph Thomas Johnson, Jr. Plaintiff contends that defendant intentionally misrepresented his employment status in order to obtain unemployment benefits, as has been determined by the Secretary of the Department of Labor, Licensing and Regulation ("DLLR") in what is now a...
MEMORANDUM OPINION LORI S. SIMPSON , Bankruptcy Judge . This adversary proceeding arises from a failed international trade venture spearheaded by Defendant, Fred Yen Ming Chu ("Mr. Chu") and focuses on loans (the "Loans") Plaintiff, Fu Quan Li ("Mr. Li"), provided Mr. Chu, through Mr. Chu's wife and co-defendant, Meiyu Anna Chu ("Ms. Chu") in furtherance of that venture. Plaintiff objects to the dischargeability of debt arising from Defendants' default on the Loans pursuant to 11 U.S.C....
MEMORANDUM OPINION ON MOTION TO RECONSIDER LORI S. SIMPSON , Bankruptcy Judge . Before the Court is the Motion to Reconsider Motion for Summary Judgment or for Alternative Relief [Dkt. No. 37] (the "Motion to Reconsider"), filed by Plaintiff, Fu Quan Li. In the Motion to Reconsider, Plaintiff argues that the Court made an error of law in denying his Motion for Summary Judgment [Dkt. No. 14]. For the reasons that follow, the Court disagrees with Plaintiff's assertion that it made an error...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, QUIETING TITLE AND DECLARING OWNERSHIP OF REAL ESTATE ROBERT A. GORDON , UNITED STATES BANKRUPTCY JUDGE . I. Introduction The question presented by this Adversary Proceeding is whether, because there are no longer any traces of vigorous, intermittent, or even docile, agricultural or educational activities initiated or pursued by the Debtor/Defendant, Sojourner Douglas College, Inc. (Sojourner)...
MEMORANDUM ORDER DENYING MOTION TO REOPEN NO ASSET CHAPTER 7 CASE TO ADD CREDITOR THOMAS J. CATLIOTA , Bankruptcy Judge . The Debtor has moved to reopen this closed, no asset case. The motion represents that the Debtor failed to list Gateway Financial Services ("Creditor") on any schedule of creditors, and the Debtor is now at risk to collection action by the Creditor. Therefore, the Debtor seeks to reopen this case to amend the Debtor's schedules to add the Creditor. No grounds exists to...
MEMORANDUM OPINION MICHELLE M. HARNER , Bankruptcy Judge . An individual debtor often files a chapter 13 case to try to save a home from foreclosure. A debtor may accomplish this objective by, among other things, curing prepetition arrears on the mortgage through a confirmed chapter 13 repayment plan while making timely postpetition payments on the mortgage directly to the mortgage lender. This approach requires the debtor to make two different payments each month, namely one to the...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA , Bankruptcy Judge . Debtor Tony Massenburg objects to the Trustee's Final Report filed by the Chapter 7 Trustee, Roger Schlossberg. ECF 316. As pertinent here, the debtor contends that the Final Report does not provide a distribution to him for two exemptions he claims in real estate. For the reasons stated below, the court concludes that the debtor has been paid the claimed exemptions, and therefore overrules his objection to the Final Report....
MEMORANDUM OPINION LORI S. SIMPSON , Bankruptcy Judge . Before the Court is the Motion to Dismiss Involuntary Petition [Dkt. No. 6] (the "Motion to Dismiss") filed by petitioning creditors, Electrical Workers Local No. 26 Pension Trust Fund, Electrical Welfare Trust Fund, Electrical Local No. 26 Joint Apprenticeship and Training Trust Fund, Electrical Workers Local No. 26 Individual Account Fund and The National Electrical Benefit Fund National Electrical Contractors Association (the "...
MEMORANDUM OPINION GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY AND OVERRULING OBJECTION TO CLAIM ROBERT A. GORDON , Bankruptcy Judge . I. Background The Debtor commenced this case on March 14, 2018. 1 Most of the Debtor's Schedules, and his Chapter 13 Plan (Plan), were filed on April 6, 2018 2 (Dkt. Nos. 18-27). In Part 1, subsection 2.1 on Schedule D (Creditors Who Have Claims Secured by Property), the Debtor answered the questions by, among other things, (a) listing an "unknown"...
MEMORANDUM OPINION DAVID E. RICE , U.S. BANKRUPTCY JUDGE . Joshua Matthews ("Matthews") was the founder of Bulk Head Brewing Company, LLC ("BHB"), a failed start-up craft brewing business. Scott and Leah Crocker invested $ 52,000 in equity interests in BHB in August and September of 2016. Scott Crocker ("Crocker") later guaranteed a $ 100,000 loan by Howard Bank to BHB in January of 2017. Ultimately, BHB never opened for business and Crocker paid $ 98,560.13 in November of 2017 to...
MEMORANDUM OPINION LORI S. SIMPSON , U.S. BANKRUPTCY JUDGE . Defendant, American Express National Bank, moves the Court to dismiss all of Plaintiff's causes of action remaining in this adversary proceeding pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable herein by Federal Rule of Bankruptcy Procedure 7012. 1 Defendant also moves the Court to sanction Plaintiff pursuant to Federal Rule of Bankruptcy Procedure 9011(c). 2 Plaintiff opposes both requests for relief. 3...
MEMORANDUM OPINION LORI S. SIMPSON , Bankruptcy Judge . Plaintiff objects to the dischargeability of debt pursuant to 11 U.S.C. 523(a)(6). This adversary proceeding focuses on the parties' actions following the termination of their romantic relationship in 2014. This matter came before the Court for a two-day trial on March 25 and 26, 2019. The Court took the matter under advisement following the conclusion of the trial. After considering the evidence, assessing the reliability of the...
MEMORANDUM IN SUPPORT OF RULE 60 MODIFICATION OF ORDER AND SUPPLEMENTAL FINDINGS AS DIRECTED BY THE U.S. DISTRICT COURT THOMAS J. CATLIOTA , Bankruptcy Judge . On January 28, 2019, the Honorable Peter J. Messitte of the United States District Court issued a Memorandum (ECF 122) remanding the appeal of an Order Granting Nationstar Mortgage LLC d/b/a Mr. Cooper In Rem Relief from the Automatic Stay as to Real Property Commonly Known as 12600 Nichols Promise Drive, Bowie, MD 20720 (the "Lift...
MEMORANDUM OPINION AND ORDER RECONVENING TRIAL TO CALL COUNSEL TO TESTIFY ROBERT A. GORDON , Bankruptcy Judge . This Adversary Proceeding (AP) presents an objection to discharge premised upon several subsections of Section 727(a) of the Bankruptcy Code. The Debtor, Kathryn Jane Spearman, commenced her Chapter 7 case on February 28, 2017 and the Plaintiffs' Complaint commenced this AP on May 26, 2017. The first day of trial was April 11, 2018 and, after three evidentiary hearings, trial...
MEMORANDUM OPINION LORT S. SIMPSON , U.S. BANKRUPTCY JUDGE . Before the Court 1 is the Amended Disclosure Statement 2 (the "Disclosure Statement"), filed by Debtor, Beverly Wong, the Objection to Amended Disclosure Statement, 3 filed by Bank of America, N.A. (the "Bank"), the Motion for Relief from the Automatic Stay 4 (the "Stay Motion"), filed by the Bank, and Debtor's Opposition 5 thereto. The Court held a hearing on these matters on March 5, 2019. At the hearing, the parties...
