ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON COUNTS I, III, AND IV OF FIRST AMENDED COMPLAINT (Doc. 54) C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for consideration of Plaintiffs' Motion for Summary Judgment on Counts I, III, and IV of First Amended Complaint (Doc. 54) (the "Motion"), filed on November 29, 2016; Defendant Edward F. Panos' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment on Counts I, III, and IV of First...
OPINION AND ORDER GRANTING TRUSTEE'S MOTION TO APPROVE SETTLEMENT BETWEEN THE TRUSTEE AND PNC BANK, N.A. C. Kathryn Preston , United States Bankruptcy Judge . This cause came on for hearing on September 16, 2016 (the "Hearing"), upon the Motion to Approve Settlement between the Trustee and PNC Bank, N.A. (Doc. # 311) (the "Compromise Motion"), filed by the Chapter 13 Trustee, Frank M. Pees ("Trustee"), and the response thereto (Doc. # 313) (the "Response"), filed by Karen Elaine Boddie...
OPINION AND ORDER ON AMENDED MOTION OF CHAPTER 7 TRUSTEE FOR AN ORDER (1) AUTHORIZING AND APPROVING THE COMPROMISE OF CLAIMS WITH CITIMORTGAGE, INC., ITS AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST, (2) AUTHORIZING AND APPROVING THE TRANSFER OF REAL ESTATE LOCATED AT 181 OLDFIELD WAY, BLUFFTON, SOUTH CAROLINA AND LOT 50 ADJACENT THERETO TO CITIMORTGAGE, INC., AND (3) ENJOINING THE DEBTORS FROM VIOLATING THE TERMS OF THE COMPROMISE AND SALE (DOC. 207) JOHN E. HOFFMAN, Jr. , Bankruptcy...
Memorandum Decision Denying Defendants' Motion to Strike the Expert Report of Robert Goering and to Exclude His Testimony GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on the Defendants' Motion to Strike the Expert Report of Robert Goering and to Exclude His Testimony. Plaintiff, Richard D. Nelson, the Chapter 7 Trustee, attached and relied upon Goering's report in making his summary judgment response 1 and intends to use Goering as an expert witness at the trial...
Memorandum Decision Granting in Part and Denying in Part Defendants' Motion for Summary Judgment GUY R. HUMPHREY , Bankruptcy Judge . This matter is before the court on the Defendants' Motion for Summary Judgment. The motion seeks summary judgment dismissing the trustee's claims against a lawyer and his law firm for malpractice and for recovery of attorney fees paid to them. For the reasons stated in this memorandum decision, the Motion is granted in part and denied in part. I. Factual...
Decision Following Trial on Trustee's Complaint GUY R. HUMPHREY , Bankruptcy Judge . I. Introduction This adversary proceeding is before the court following the trial of the Chapter 7 trustee's amended complaint to avoid and recover seven conveyances as being fraudulent under the Bankruptcy Code (11 U.S.C. 548), the Ohio Uniform Fraudulent Conveyances Act (Ohio Rev. Code 1336.01 et seq.), and the Ohio Avoidance Statute (Ohio Rev. Code 1313.56-1313.58). The trustee alleges that the...
OPINION AND ORDER ON AMENDED MOTION OF CHAPTER 7 TRUSTEE FOR AN ORDER (1) AUTHORIZING AND APPROVING THE COMPROMISE OF CLAIMS WITH CITIMORTGAGE, INC., ITS AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST, (2) AUTHORIZING AND APPROVING THE TRANSFER OF REAL ESTATE LOCATED AT 181 OLDFIELD WAY, BLUFFTON, SOUTH CAROLINA AND LOT 50 ADJACENT THERETO TO CITIMORTGAGE, INC., AND (3) ENJOINING THE DEBTORS FROM VIOLATING THE TERMS OF THE COMPROMISE AND SALE (DOC. 207) John E. Hoffman, Jr. , United...
DECISION OF THE COURT DENYING MOTION OF PNC MORTGAGE COMPANY TO DISMISS AND/OR FOR JUDGMENT ON THE PLEADINGS AS TO THE AMENDED COMPLAINT [Adv. Doc. 42] Lawrence S. Walter , United States Bankruptcy Judge . Before the court is the Motion of PNC Mortgage Company to Dismiss and/or for Judgment on the Pleadings as to the Amended Complaint ("Motion") [Adv. Doc. 42]. The Plaintiff Chapter 7 Trustee filed an objection in opposition to the Motion [Adv. Doc. 43] and Defendant PNC Mortgage Company...
OPINION AND ORDER (A) DETERMINING THAT GARY A. GOLDSTEIN, TED DOUKAS AND QUICK CAPITAL OF LONG ISLAND CORP. HAVE ENGAGED IN SANCTIONABLE MISCONDUCT AND (B) ESTABLISHING PROCEDURES FOR DETERMINING THE AMOUNT OF THE SANCTIONS John E. Hoffman, Jr. , United States Bankruptcy Judge . I. Introduction This matter is before the Court in the Chapter 11 case of George A. Bavelis and the adversary proceeding he commenced against several parties, including Ted Doukas. Earlier in the case, Doukas...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAINING COUNTS OF SECOND AMENDED COMPLAINT John E. Hoffman, Jr. , United States Bankruptcy Judge I. Introduction When debtors commence Chapter 11 bankruptcy cases, they become debtors in possession obligated to perform most of the duties of a trustee, including the duty to object to improper claims filed against the bankruptcy estate in order to increase the recovery realized by their legitimate creditors. George Bavelis, whose...
DECISION OF THE COURT GRANTING DEFENDANTS RUSHMORE MANAGEMENT LOAN SERVICES AND BANC OF CALIFORNIA, INC.'S MOTION TO DISMISS AMENDED COMPLAINT [Adv. Doc. 22] LAWRENCE S. WALTER , Bankruptcy Judge . This matter is before the court on the Motion to Dismiss Amended Complaint filed by Defendants Rushmore Management Loan Services and Banc of California, Inc. [Adv. Doc. 22]; Plaintiff-Debtor Luz Munoz's Response to Defendant Rushmore and Banc of California's Motion to Dismiss [Adv. Doc. 32];...
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTORS' HOMESTEAD EXEMPTION, AND ORDER REGARDING ADMINISTRATION OF ESTATE (DOC. NO. 13) Judge Caldwell . This Memorandum Opinion and Order serves as the Court's findings of fact and conclusions of law for an Objection to Exemptions filed by Clyde C. Hardesty (Trustee), and a Response filed by Austin Chidi Felix and Dorothy Ify Felix (Debtors). Based upon the pleadings, testimony and exhibits, the Court finds and concludes...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Docs. 26 and 33) C. Kathryn Preston , United States Bankruptcy Judge . This adversary proceeding is before the Court for consideration of cross-motions for summary judgment and related documents filed in support: Defendant's Motion for Summary Judgment (Doc. 26) ("Dudley's MSJ"); Plaintiff's Motion for Partial Summary Judgment (...
