MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THE MATTERS before the Court are cross-motions for partial summary judgment filed in Adversary Proceeding No. 09-1131 and cross-motions for partial summary judgment filed in Adversary Proceeding No. 09-1123. 1 Adversary Proceeding No. 09-1131 has been consolidated with Adversary Proceeding No. 09-1123J for all purposes. Plaintiff, Hawks Holdings, LLC, a Nebraska limited liability company ("Hawks Holdings") requests the Court to grant...
ORDER DENYING PLATINUM OIL PROPERTIES, LLC'S MOTION TO RECONSIDER ORDER AND MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on Platinum Oil Properties, LLC's Motion to Reconsider Order and Memorandum Opinion ("Motion"). The Court heard oral argument on the Motion on October 21, 2011 and took the matter under advisement. Roger Jones appeared at the hearing on behalf of the Debtor, Platinum Oil Properties, LLC ("Platinum"). Robert Labate and Shannon...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court following a trial on the merits of this adversary proceeding to determine the dischargeability of a particular debt under 11 U.S.C. 523(a)(2)(A). The Court previously entered summary judgment in favor of both Defendants on Plaintiff's claim for non-dischargeability of debt under 11 U.S.C. 523(a)(4), and entered summary judgment in favor of Defendant Charlene Bruton on Plaintiff's claim for non-...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the Court upon three motions for summary judgment: Plaintiff, Yvette Gonzales, Chapter 7 Trustee, filed two Motions for Summary Judgment and briefs in support, one against Defendant Walter L. Reardon, Jr. (Docket Nos. 61 and 62) and the other against Defendant William Gill (Docket Nos. 63 and 64), both filed January 7, 2011. Mr. Reardon filed his Motion for Summary Judgment and brief in support on January 7,...
MEMORANDUM OPINION AFTER TRIAL ON THE MERITS JAMES S. STARZYNSKI, Bankruptcy Judge. This matter came before the Court for trial on the merits of Craig H. Dill's ("Trustee" or "Plaintiff") Complaint for Turnover. For the reasons set forth below, the Court will issue a Judgment in favor of Defendant. 1 DISCUSSION Bankruptcy Code section 542(a) sets out the conditions under which a trustee may seek turnover of property: [A]n entity, other than a custodian, in possession, custody, or...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Banruptcy Judge. This matter is before the Court on a complaint objecting to discharge under 11 U.S.C. 727(a)(4)(A). A trial on the merits was held on June 2, 2011. Plaintiffs assert that Defendants knowingly and fraudulently made a false oath or account by failing to accurately disclose assets, income, and pre-petition transfers in their Statement of Financial Affairs and Schedules. Defendants acknowledge that their Statement of Financial Affairs and...
ORDER OVERRULING OBJECTION TO DEBTOR'S MOTION FOR APPROVAL OF WAIVER OF DISCHARGE ROBERT H. JACOBVITZ, Bankruptcy Judge. The matter came before the Court on the Debtor's Motion for Court to Accept Waiver of Discharge ("Motion"), filed April 4, 2011 (Docket No. 158), and the objection thereto filed by Barbara Weith, Special Administrator of the Estate of Peter Weith (Docket No. 160). The Court heard argument on July 25, 2011 and gave the parties the opportunity to submit briefs or lists of...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the following cross-motions for summary judgment: 1) Defendants' Motion for Summary Judgment with Supporting Affidavits ("Defendants' Motion for Summary Judgment") (Docket No. 205) 1 ; and 2) Plaintiff's 2 nd Motion for Summary Judgment and Memorandum and Affidavits in Support, as amended by the Clarification of Plaintiff's Second Motion for Summary Judgment and Memorandum and Affidavits in Support (...
MEMORANDUM OPINION ON DEFENDANTS' MOTION TO DISMISS OR ALTERNATIVELY FOR JUDGMENT ON THE PLEADINGS OR ALTERNATIVELY FOR SUMMARY JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. In this adversary proceeding, Plaintiffs ("MVI") seek to hold a debt non-dischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4) and/or (a)(6). Defendants have filed a Motion to Dismiss (doc 4) and then a Motion to Dismiss or Alternatively for Judgment on the Pleadings or Alternatively for Summary Judgment (doc 19 — "...
MEMORANDUM OPINION DENYING JOINT MOTION TO DISMISS JAMES S. STARZYNSKI, Bankruptcy Judge. This is an action to determine the priority of Chapter 11 attorney's fees under 11 U.S.C. 724(b) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Plaintiff William F. Davis & Associates, P.C. ("Davis") represented Debtor prior to this underlying bankruptcy case's conversion from Chapter 11 to Chapter 7, and is owed $25,127.50 in fees and costs from that...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Motion for Relief from Stay by BANK'34, filed June 7, 2011 ("Motion for Relief From Stay") (Docket No. 12), the Emergency Motion to Prohibit Use of Cash Collateral, filed June 24, 2011 ("Motion to Prohibit Use of Cash Collateral") (Docket No. 29), and the Debtors' objections thereto. See Docket Nos. 24 and 45. 1 BANK'34 seeks relief from the automatic stay to permit it to foreclose its liens...
MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING JAMES S. STARZYNSKI, Bankruptcy Judge. Folson Farm Corporation, Potandon Produce, L.L.C., Mart Produce Corporation, and Billingsley Produce Sales, Inc. ("Plaintiffs") filed this adversary proceeding to determine dischargeability of debt under 11 U.S.C. 523(a)(4). Plaintiffs' claims are based upon an alleged dissipation of assets in an express statutory trust established by the Perishable Agricultural Commodities...
MEMORANDUM OPINION IN SUPPORT OF ORDER SETTING A TRIAL TO DETERMINE BANK OF AMERICA, N.A.'S STANDING TO OBJECT TO DEBTORS' PLAN OF REORGANIZATION JAMES S. STARZYNSKI, Bankruptcy Judge. The Debtors filed a Chapter 13 Plan with this Court on March 30, 2010 (doc 1). Debtors filed their Notice of Deadline for Filing Objections to Confirmation of Chapter 13 Plan on April 23, 2010 (doc 16). Creditors received the Notice and Plan on April 26, 2010. On May 14, 2010, Bank of America ("BoA") timely...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter is before the Court on cross-motions for partial summary judgment filed by The Jicarilla Apache Nation (the "Nation") and by the Debtor Platinum Oil Properties, LLC ("Platinum"). 1 Platinum claims that it owns certain operating rights and working interests in and under two oil and gas leases: a) Jicarilla Oil and Gas Lease No. 71 covering certain real property described in Exhibit A to the Stipulation in Connection with...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. Plaintiff Ted Grove ("Grove" or "Plaintiff") seeks a nondischargeability judgment against Debtor John Dryden Beaver ("Beaver" or "Defendant") arising out of Beaver's defective construction of Grove's house based on 523(a)(2), (a)(4) and (a)(6). Defendant has moved for summary judgment on the claims The Court grants summary judgment on...
ORDER DENYING MOTION TO DISMISS ROBERT H. JACOBVITZ, Bankruptcy Judge THIS MATTER is before the Court on the Motion to Dismiss filed by Defendants Mohammed Hossain and Ayesha Hossain, by and through their attorney of record, Michael K. Daniels. ( See Docket No. 17). Defendants request the Court to dismiss the Plaintiffs' claim for fraud from the First Amended Complaint on grounds that the fraud claim is time-barred by operation of 11 U.S.C. 523(c)(1) 1 and Rule 4007(c), Fed.R.Bankr.P. 2...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankrutpcy Judge A trial on the merits of this adversary proceeding was held on May 19, 2011 on the Trustee's Complaint to Avoid Fraudulent Transfer and For Return of Property or Its Value [11 U.S.C. 548(a)] ("Complaint") (Docket No. 1) filed on June 28, 2010. Plaintiff, Kieran F. Ryan, appeared pro se. Defendant, Nichole Montoya, was represented by Peter Keyes. The Trustee seeks to recover the real property located at 3748 Fran Drive, Silver City,...
ROBERT H. JACOBVITZ, Bankruptcy Judge MEMORANDUM OPINION THIS MATTER is before the Court on the Debtor's Motion to Convert Case to One Under Chapter 11 ("Motion to Convert")(Docket No. 21) and Creditor BANK '34's objection thereto. See Docket No. 24. The Debtor seeks to convert her Chapter 7 case to a case under Chapter 11 in accordance with 11 U.S.C. 706, which provides, in part, that a debtor may convert a Chapter 7 case to Chapter 11 at any time, unless the case has previously been...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on cross-motions for summary judgment. 1 The primary focus of this adversary proceeding is whether certain debt that arose in connection with divorce proceedings between the parties is a non-dischargeable domestic support obligation or a non-dischargeable property settlement. 2 Whether the debt is a non-dischargeable domestic support obligation under 11 U.S.C. 523(a)(5) rather than a non-...
AMENDED MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING PARTIAL JUDGMENT ON THE PLEADINGS FILED BY FIRST NATIONAL BANK OF SANTA FE AND COUNTRYWIDE BANK, FSB (DOC 26) JAMES S. STARZYNSKI, Bankruptcy Judge. The Motion by First National Bank of Santa Fe ("First National") and Countrywide Bank, FSB ("Countrywide") for Partial Judgment on the Pleadings as to 549 Avoidance Action Set Forth [in] Counts I and II ("Motion") (doc 26) has come before the Court. 1 Movant Banks have also filed a...
