OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff First Bank and Trust Co. seeks to deny Defendant Debtor Ondre Reynolds' discharge pursuant to 11 U.S.C. 727(a)(2), (4), (5) and (6). In the alternative, Plaintiff seeks to except debt from discharge pursuant to 11 U.S.C. 523(a)(2) and (6). Plaintiff alleges that Debtor misrepresented possession of collateral, failed to adequately protect collateral, made false statements in his bankruptcy schedules, and withheld...
ORDER REGARDING ATTORNEY FEES AND COSTS TOM R. CORNISH , Bankruptcy Judge . Before the Court for consideration is the Plaintiff's Application for Allowance of Attorneys' Fees including expenses (Docket Entry 68) and Defendant Sotelo's Response and Memorandum Brief (Docket Entry 71). The parties agreed to submit this matter to the Court without the necessity of a hearing. After trial held on August 17, 2016, this Court determined that Defendant Sotelo had violated the discharge injunction...
MEMORANDUM OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Daniel Peyrano seeks an order from this Court finding that Defendant Joe Sotelo violated the discharge injunction. After conducting a trial in this matter, the Court finds that Defendant Joe Sotelo did violate the discharge injunction and should therefore be found in contempt of court. The Court also awards damages including lost wages and attorney fees to Peyrano. 1 Jurisdiction This Court has jurisdiction...
ORDER APPROVING DISCLOSURE STATEMENT TOM R. CORNISH , Bankruptcy Judge . Before the Court is the question of approval of the Debtor's Disclosure Statement to Accompany First Amended Plan of Reorganization (Doc. 161), Limited Objection filed by Creditor BFN Operations, LLC (Doc. 172), and Response filed by Debtor (Doc. 173).The Court held a hearing on the Disclosure Statement on June 15, 2016.Appearing at the hearing were Mark Sanders on behalf of the Debtor, Katherine Vance on behalf of...
ORDER OF DISMISSAL TOM R. CORNISH , Bankruptcy Judge . Before the Court is the Standing Chapter 13 Trustee's Motion to Dismiss (Docket Entry 54) and the Debtor's Objection (Docket Entry 56). The Trustee seeks dismissal because the Debtor is at least 28 months delinquent in her direct-pay home mortgage payment. The Court held several hearings in this matter and allowed the Debtor time to cure the deficiency. However, the parties have submitted a Joint Stipulation on Motion to Dismiss (...
ORDER OF DISMISSAL TOM R. CORNISH , Bankruptcy Judge . Before the Court is Defendant Bryan N. Parker's Second Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Docket Entry 14), and Plaintiff's Response and Objection (Docket Entry 17). For good cause shown, Defendant's Motion is granted and this case shall be dismissed without prejudice. Relevant Facts and Procedural History Plaintiff Donald Eugene Parker filed a Complaint against Defendant/Debtor Bryan N. Parker seeking to...
