DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Trial on the Plaintiffs Complaint to Determine Dischargeability against the Defendant, Jesus Marroquin. At the Trial, the Court also heard the Plaintiffs complaint to determine dischargeability in a related adversary proceeding: Bernard L. Bartson v. Paul R. Garza, Jr., Case No. 09-3012. Both these matters will be addressed together herein, as both actions arose from substantially the same...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1), 707(b)(2) and 707(b)(3). (Doc. No. 16). The Debtor filed a response, objecting to the dismissal of her case. (Doc. No. 24). A Hearing was then held on the matter. (Doc. No. 28). At the conclusion of the Hearing, the Court deferred ruling on the Motion to Dismiss so as to afford the opportunity to...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS MARY ANN WHIPPLE, Bankruptcy Judge. This adversary proceeding is before the court on Plaintiff's Motion to Dismiss Counterclaim [Doc. # 34], Defendant's opposition [Doc. # 36], Plaintiff's reply [Doc. # 38], and Defendant's sur-reply [Doc. # 42]. This action was commenced in connection with an underlying broker-dealer liquidation proceeding brought against Continental Capital Investment Services, Inc. ("CCIS"), and Continental...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO REDEEM MARY ANN WHIPPLE, Bankruptcy Judge. The court held evidentiary hearings on June 9, 2010, and July 22, 2010, on Debtor Nancy Elizabeth Pearsall's motion to redeem [Doc. # 16] ("Motion") a motor vehicle under 11 U.S.C. 722 from the lien of Lakewood Acceptance Corporation d.b.a. C.N.A.C., an assignee of J.D. Byrider ("CNAC") and CNAC's objection to the motion [Doc. # 22]. 1 The court must decide the value of Debtor's motor vehicle...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1), 707(b)(2) and 707(b)(3). (Doc. No. 23). A Hearing was held on the matter, at which the Debtors objected to the Dismissal of their case. (Doc. No. 36). Also heard at the time of this Hearing was the Motion brought by the United States Trustee To Review and Disgorge Attorney Fees. (Doc. No. 31). At the...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Trial on the Plaintiffs Complaint to Determine Dischargeability. The Plaintiffs Complaint is brought pursuant to the statutory exceptions to dischargeability set forth in 11 U.S.C. 523(a)(2)(A) and 523(a)(2)(C). At the Trial, the Parties were each given the opportunity to present evidence and make arguments that they wished the Court to consider in reaching its decision. At the conclusion of...
MEMORANDUM OF DECISION MARY ANN WHIPPLE, Bankruptcy Judge. An involuntary Chapter 7 petition was filed against Soderberg and Schafer CPAS, LLC, ("Debtor") by petitioning creditor Edmund Schafer ("Petitioner"). [Doc. # 1]. Debtor has filed its answer contesting the allegations in the petition. Specifically, Debtor denies that Petitioner holds a claim that is not the subject of a bona fide dispute and that Debtor is a person against whom an order for relief may be entered under Title 11. The...
DECISION AND ORDER RICHARD L. SPEER, United States Bankruptcy Judge. The matter now before the Court concerns whether the Debtors are entitled to a distribution of estate assets. This circumstances giving rise to this issue are as follows: BACKGROUND On January 5, 2009, the Debtors, John and Candace Sarnovsky, sought relief in this Court, filing a petition under the provisions of Chapter 7 of the United States Bankruptcy Code. (Doc. No. 1). In accordance with 11 U.S.C. 701, a trustee was...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Hearing on the Plaintiffs' Motion for Default Judgment and for Monetary/Punitive Damages. The Plaintiffs' Motion is brought on their Complaint for a violation of the automatic stay and the discharge injunction. The Defendant did file an answer or otherwise appear in this matter. After considering the evidence, as well as the entire record in this case, the Court finds that the Plaintiffs' Motion...
MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS MARY ANN WHIPPLE, Bankruptcy Judge. This case is before the court on the United States Trustee's ("the UST") motion to dismiss Debtors' Chapter 7 case for abuse under 11 U.S.C. 707(b)(1) and (3) [Doc. # 15] and Debtors' response [Doc. # 23]. The court held a hearing on the motion that Debtors, their counsel and counsel for the UST attended in person and at which the parties presented testimony and other evidence in support of...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court after a Hearing on the Motion of the United States Trustee to Dismiss Case for Abuse pursuant to 11 U.S.C. 707(b)(1) and 11 U.S.C. 707(b)(3). At the conclusion of the Hearing, the Court took the matter under advisement so as to afford time to thoroughly consider the issues raised by the Parties. The Court has now had this opportunity and finds, for the reasons set forth herein, that the Motion of...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1) and 707(b)(3). (Doc. No. 8). The Debtors filed a response, objecting to the dismissal of their case. (Doc. No. 13). A Hearing was then held on the matter. (Doc. No. 17). At the conclusion of the Hearing, the Court deferred ruling on the Motion to Dismiss so as to afford the opportunity to further consider...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion for Relief from Stay filed by Cam Farms, LLC, a creditor. (Doc. No. 19). The Debtor, G. Force Investments, Inc., filed a response to this Motion, objecting to the relief sought. (Doc. No. 28). Also pending before the Court are two Motions related to the Motion for Relief from Stay: (1) a Motion to Dismiss this case filed by the Creditor, Cam Farms, (Doc. No. 20); and (2) a Motion to Assume...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the Defendant, Chase Home Finance, LLC, to Dismiss the Plaintiff's Complaint pursuant to Rule 12(b)(6). (Doc. No. 4). The Defendant's Motion is brought against the Complaint of the Plaintiff, Michael L. Hardesty, to have the Defendant held liable for a violation of the automatic stay as set forth in 11 U.S.C. 362. (Doc. No. 1). On the Motion to Dismiss, each of the Parties filed...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the United States Trustee to Dismiss this case pursuant to 11 U.S.C. 707(b)(1), 707(b)(2) and 707(b)(3). (Doc. No. 13). The Debtor filed a response, objecting to the dismissal of his case. (Doc. No. 26). A Hearing was then held on the matter. (Doc. No. 22). At the conclusion of the Hearing, the Court deferred ruling on the Motion to Dismiss so as to afford the opportunity to...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the Defendant for Summary Judgment. (Doc. No. 7). The Defendant's Motion is brought against the Plaintiffs' complaint for a violation of the automatic stay. In support of its Motion for Summary Judgment, the Defendant filed a Memorandum of Support. The Plaintiff then filed an untimely response to the Defendant's Motion for Summary Judgment. (Doc. No. 15). The Court has now had the...
DECISION AND ORDER RICHARD L. SPEER, Bankruptcy Judge. This cause comes before the Court on the Motion of the Plaintiff/Trustee, Bruce French, for Summary Judgment. (Doc. No. 12). Said motion is brought on the Plaintiff's complaint to avoid, as a preferential transfer, any liens held against estate property by the Defendant, State Farm Mutual Automobile Insurance Company. (Doc. No. 1). Against the Plaintiff's Motion for Summary Judgment, the Defendant filed a Response, objecting to the...
