Chapter 11 MEMORANDUM DECISION DENYING THE CITY OF CONCORD'S MOTION FOR ALLOWANCE AND PAYMENT OF TAX CLAIMS CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE. Before the Court is the Motion of the City of Concord, New Hampshire (the "City") for Allowance and Payment of Tax Claims (the "Motion"). By the Motion, the City seeks payment of certain real property taxes assessed against New England Telephone Operations LLC ("New England Telco"), an affiliate of FairPoint Communications, Inc....
MEMORANDUM OPINION AND ORDER OVERRULING THE RESCAP BORROWER CLAIMS TRUST'S OBJECTION TO CLAIM NO. 960 FILED BY MICHAEL BOYD MARTIN GLENN , United States Bankruptcy Judge . This opinion addresses the objection filed by the ResCap Borrower Claims Trust (the "Trust") to claim number 960 (the "Claim") filed by Michael Boyd ("Boyd"). The Trust seeks to disallow and expunge Boyd's Claim based on res judicata applied to Boyd's confirmed chapter 13 plan. For the reasons explained below, the...
Chapter 11 MEMORANDUM DECISION SUSTAINING OMNIBUS OBJECTIONS TO CLAIMS SHELLEY C. CHAPMAN, UNITED STATES BANKRUPTCY JUDGE Even six years later, it is difficult to forget the media images from the days in late September 2008 of Lehman Brothers employees walking out of its gleaming corporate headquarters at 745 Seventh Avenue with their professional lives reduced to a few belongings in cardboard boxes. Thousands of former Lehman employees were affected by the bankruptcy filing of one of the...
Chapter 11 MEMORANDUM DECISION DENYING MOTION TO DISMISS CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE As stated in the foregoing decision, the Court finds that it need not abstain from hearing this proceeding under any of the doctrines relied upon by the Liquidator. Jurisdiction This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1334(a), 28 U.S.C. 157(a) and the Standing Order of Reference signed by Chief Judge Loretta A. Preska dated January 31, 2012. This is...
Chapter 11 MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT SEAN H. LANE, UNITED STATES BANKRUPTCY JUDGE Before the Court is a motion for summary judgment filed by Plaintiff Eugene I. Davis, Litigation Trustee for the Quebecor World Litigation Trust (the "Trustee"). The Trustee asserts that ten transfers totaling $69,207.60 by the debtors to the defendant Clarklift-West, Inc. ("Clarklift"), shortly before the filing of the bankruptcy case, are preferences under Section 547(b) of...
MEMORANDUM OPINION AND ORDER SUSTAINING THE TRUSTEE'S SEVENTY-SECOND AND SEVENTY-THIRD OMNIBUS OBJECTIONS TO CERTAIN CLAIMS MARTIN GLENN, United States Bankruptcy Judge Pending before the Court are the SIPA Trustee's Seventy-Second and Seventy-Third Omnibus Objections to General Creditor Claims (Post-Petition Loss Claims) (the "Objections"). 1 The Court previously entered an order sustaining the Objections to claims as to which the Objections were uncontested. (ECF Doc. ## 8224, 8232.) This...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO REMAND MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Debtor Residential Funding Company, LLC ("RFC") filed this lawsuit against UBS Real Estate Securities, Inc. ("UBS") in the New York State Supreme Court, seeking breach of contract damages and indemnification related to loans UBS sold to RFC. RFC then removed the action to this Court, and UBS now seeks to remand the case to state court. 1 UBS also filed a motion to withdraw the reference of...
Chapter 7 MEMORANDUM DECISION GRANTING MOTION TO LIFT THE AUTOMATIC STAY CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE. Introduction Before the Court is a dispute between Jill Barber ("Plaintiff") and Debtors James A. Arnott, Jr. ("Arnott Jr.") and James A. Arnott, III ("Arnott III," together with Arnott Jr., "Debtors" or the "Defendants"). Plaintiff previously worked for a company owned and controlled by the Defendants. After her employment was terminated, Plaintiff brought...
AMENDED MEMORANDUM OF DECISION AFTER TRIAL 1 ROBERT D. DRAIN, Bankruptcy Judge. In this adversary proceeding, plaintiff Walgreen Co. ("Walgreen") asserts chargeback claims against two of its former vendors, defendants NXXI, Inc., f/k/a Nutrition 21, Inc., the debtor herein ("NXXI") and Nature's Products, Inc. ("NPI") for outdated, defective and otherwise unsalable products, as well as for merchandise it claims an absolute right to return, and based on specific deals, such as discounts,...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court are the motions of First Central Savings Bank ("FCSB"), 11 East 36 th Note Buyer LLC ("Note Buyer"), and Mission Capital Advisors ("MCA," and collectively with FCSB and Note Buyer, the "Defendants") to dismiss the above-captioned adversary proceeding (the "Motions"). See Motions, ECF Nos. 8-11. The Debtor filed opposition to the Motions on June 10, 2014 (the "Objection"). See Obj., ECF No. 15. On June 16, 2014,...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART ALLY FINANCIAL INC.'S MOTION FOR AN ORDER ENFORCING THE CHAPTER 11 PLAN INJUNCTION MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE On November 14, 2013 — one month before the chapter 11 Plan of Residential Capital, LLC, and its debtor-affiliates was confirmed — sixty-nine plaintiffs (the "California Litigation Claimants") filed a state court lawsuit against non-debtors Ally Financial Inc. ("AFI"), Ally Bank, and GMAC Mortgage...
MEMORANDUM OF DECISION AFTER TRIAL ROBERT D. DRAIN, Bankruptcy Judge. In this adversary proceeding, plaintiff Walgreen Co. ("Walgreen") asserts chargeback claims against two of its former vendors, defendants NXXI, Inc., f/k/a Nutrition 21, Inc., the debtor herein ("NXXI") and Nature's Products, Inc. ("NPI") for outdated, defective and otherwise unsalable products, as well as for merchandise it claims an absolute right to return, and based on specific deals, such as discounts, coupons and...
MEMORANDUM OF DECISION AFTER TRIAL ROBERT D. DRAIN, Bankruptcy Judge. In this adversary proceeding, plaintiff Walgreen Co. ("Walgreen") asserts chargeback claims against two of its former vendors, defendants NXXI, Inc., f/k/a Nutrition 21, Inc., the debtor herein ("NXXI") and Nature's Products, Inc. ("NPI") for outdated, defective and otherwise unsalable products, as well as for merchandise it claims an absolute right to return, and based on specific deals, such as discounts, coupons and...
Chapter 11 MEMORANDUM OPINION GRANTING DEBTORS' MOTION FOR ENTRY OF AN ORDER (A) AUTHORIZING THE ASSUMPTION OF THE RESTRUCTURING SUPPORT AGREEMENT; (B) APPROVING PAYMENT OF THE TERMINATION FEE; AND (C) GRANTING RELATED RELIEF SEAN H. LANE, UNITED STATES BANKRUPTCY JUDGE Before the Court is the motion (the "Motion") (ECF No. 13) of the above-captioned debtors (the "Debtors") seeking authorization to assume a restructuring support agreement (the "RSA"). The RSA forms the basis of the Debtors'...
MEMORANDUM OPINION AND ORDER SUSTAINING BORROWER CLAIMS TRUST'S OBJECTION TO CLAIM NOS. 4754 AND 7181 MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Before the Court is The ResCap Borrower Claims Trust's Objection to Proofs of Claim Filed by Caren Wilson (Claim Nos. 4754 and 7181) (the "Objection," ECF Doc. # 6268). The ResCap Borrower Claims Trust (the "Trust") seeks to disallow and expunge Claim Nos. 4754 and 7181 of Caren Wilson (the "Claims"). The Claims assert (1) a $5,050,000...
MEMORANDUM OF DECISION ALLAN L. GROPPER, Bankruptcy Judge. Introduction Before the Court is an objection to the claim of MB Financial Bank, N.A. ("MB") filed by 56 Walker LLC, the Debtor [ECF No. 36]. The objection was joined by several unsecured creditors, including Dickerson & Tomaselli, INN World Report, Inc. ("INN"), Leonardo Labanco, John Morris, VCD Construction, Inc. ("VCD") and Adam Kushner Studios (collectively with the Debtor's objection, the "MB Objections") [ECF No. 101]. The...
Chapter 13 MEMORANDUM DECISION DENYING MOTION TO APPROVE LOAN MODIFICATION AND REDUCE CLAIM IN PART AND GRANTING IN PART CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE. Debtors filed a motion to approve a loan modification based on a Home Affordable Modification Program trial plan. The proposed order includes language that would reduce the mortgagee's bankruptcy claim to zero. The mortgagee objects to the claim provision in the order, arguing that the HAMP trial modification does...
Chapter 11 MEMORANDUM DECISION DENYING MOTION TO ENFORCE SALE ORDER WITHOUT PREJUDICE STUART M. BERNSTEIN, United States Bankruptcy Judge: Chrysler Group LLC ("New Chrysler") seeks an order of this Court enforcing the Sale Order 1 pursuant to which it purchased substantially all of the assets of Old Carco LLC f/k/a Chrysler LLC and Chrysler Motors LLC (collectively, "Old Carco") free and clear of all liens, claims, interests, encumbrances and successor liability. ( Motion for Enforcement of...
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTION AND EXPUNGING CLAIM NO. 4443 BY CORLA JACKSON MARTIN GLENN, Bankruptcy Judge. Before the Court is the Debtors' Objection to Proof of Claim Filed by Corla Jackson (Claim No. 4443) (the "Objection," ECF Doc. # 5100). Through the Objection, Residential Capital, LLC ("ResCap") and its affiliated debtors in these chapter 11 cases (the "Chapter 11 Cases"), as debtors and debtors in possession (collectively, the "Debtors") seek...
Chapter 13 MEMORANDUM DECISION DENYING MOTION TO DISGORGE PROFESSIONAL FEES CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE The chapter 7 trustee motioned to disgorge interim chapter 11 professional fees received in this converted case. The sole basis for the motion is the administrative insolvency of the chapter 7 estate. For the reasons that follow, the Court finds no statutory authority to disgorge interim professional fees purely on the basis of administrative insolvency and...
