MEMORANDUM OPINION Related to Dkt. Nos. 161, 165. GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE In the face of a contested confirmation hearing prompted by, among other things, allegations that he concealed and undervalued assets and underreported his income, Donald R. Cenk (the "Debtor") seeks to exercise his "absolute right" to dismiss his chapter 13 case, admitting his inability to fund a plan. 1 His estranged wife, Michelle Cenk, opposes dismissal, arguing that the Debtor is...
Related to Dkt. Nos. 45, 56, 58, 62 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Told that they cannot receive a chapter 7 discharge because their net monthly income indicates that such relief would be an abuse under the totality of circumstances of their financial situation, 1 the debtors Damien W. and Casey M. Harms now want a "do-over." Asserting that Schedule J, which was relied upon by the Court, never provided an accurate picture of their monthly...
MEMORANDUM OPINION THOMAS P. AGRESTI , Judge United States Bankruptcy Court . This Adversary Proceeding presents the issue of which party is the rightful owner of certain assets, which will be referred to hereinafter as the "Damon's Assets. 1 " The contenders are the Debtor, Unique Ventures Group, LLC ("Unique"), whose position here is being advocated by its Plan Administrator, and Damon's of North America, LLC ("DNA"). Following a 2-day October trial, the conclusion of post-trial filings...
MEMORANDUM OPINION Thomas P. Agresti , Judge United States Bankruptcy Court Presently before the Court for determination, is the allocation of the marital property as between the Debtor, Rowena Wagner ("Wife"), and her husband Bernard Wagner ("Husband"), who is also a bankruptcy debtor in his own separate case filed at Case No. 10-19934-TPA. This Opinion will also address any remaining issues still pending in the adversary proceeding of Wagner v. Wagner, Adv. No. 19-1001-TPA as the two...
MEMORANDUM OPINION Related to Dkt. Nos. 220, 226 GREGORY L. TADDONIO , Bankruptcy Judge . Unsuccessful in chapter 11 and apparently unhappy in chapter 7, Michael C. Cyrilla ("Mr. Cyrilla") now wishes to try his hand at chapter 13. Ultimately, his eligibility for conversion hinges on whether he may take advantage of debt reduction that occurred after he filed his chapter 11 petition twenty-four months ago. For the reasons set forth below, the Court finds that Mr. Cyrilla does not satisfy...
MEMORANDUM OPINION Related to ECF Nos. 205, 210 JEFFERY A. DELLER , Bankruptcy Judge . The matter before the Court is the Plaintiff's Motion to Amend the Judgment Pursuant to Fed.R. Civ.P. 59(e) Entered on September 25, 2019, Granting Summary Judgment in Favor of U.S. Bank (the "Motion to Amend"). The background of this matter is set forth more fully in this Court's Memorandum Opinion dated September 25, 2019, which is incorporated herein. See ECF No. 197. The gist of the...
MEMORANDUM OPINION JEFFERY A. DELLER , United States Bankruptcy Judge . The matter before the Court is the Debtors' Motion for a Rule 2004 Examination (the " Motion, " ECF No. 77) filed by the Debtors, Jerry Dwane DeWitt and Arlene Rae DeWitt f/d/b/a Buck DeWitt Construction (the " Debtors "). In short, resolution of the Motion requires this Court to determine whether the Debtors are entitled to an examination under Federal Rule of Bankruptcy Procedure 2004 (" Rule 2004 "), by way of a...
MEMORANDUM OPINION Related to Dkt. No. 72 GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . There are few circumstances where the Court will refuse immediate payment of a filing fee. Unfortunately, this case presents one of them. This matter comes before the Court upon the Trustee's Motion for Authority to Pay Filing Fee (the " Motion ") filed by Ronda J. Winnecour, the chapter 13 trustee. 1 In her Motion, the Trustee seeks authority to pay a case filing fee that remains due...
MEMORANDUM OPINION Carlota M. B hm, Chief United States Bankruptcy Judge . The issue before the Court is whether the Amended Complaint to Determine Non-Dischargeability of Debt Pursuant to 11 U.S.C. 523(a)(2)(A) ("Amended Complaint," Doc. No. 42 1 ) was timely filed. 2 Candace Lynn Dolfi (the "Debtor") raised the issue of timeliness as an affirmative defense in her Answer (Doc. No. 47). While Debtor asserts the time to pursue the action expired, Brett Dolfi, Sr., and Brian Dolfi (...
MEMORANDUM OPINION Carlota M. B hm , Chief United States Bankruptcy Judge . The matter presently before the Court is the Motion to Avoid Judgment Lien Pursuant to 11 U.S.C. Section 522(f)(1)(A) ("Motion to Avoid Lien," Doc. No. 47), filed by the Debtor, Candace Lynn Dolfi. 1 Debtor asserts that she is entitled to avoid the judgment lien of the Respondent, Brian Dolfi, as the lien impairs her homestead exemption. Brian Dolfi opposes the Motion to Avoid Lien. He contends that his judgment...
Related to Dkt. Nos. 24, 28, 33, 34, 37, 38 Related to Dkt. Nos. 17, 19, 25, 26 Related to Dkt. Nos. 18, 20, 33, 34, 37, 40 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . In three separate chapter 7 cases, the United States Trustee (the "Trustee") filed motions to dismiss pursuant to 11 U.S.C. 707(b)(3) (the "Motions to Dismiss") seeking dismissal of each case for abuse premised on the respective debtors' (collectively, the "Debtors") alleged ability to...
MEMORANDUM OPINION Jeffery A. Deller , United States Bankruptcy Judge . This dispute concerns the request of the Debtor, Michael David Scott (the " Debtor "), for a stay pending appeal of an order granting the Respondent, U.S. Bank, 1 relief from the automatic stay as to the Debtor's real property located at 40 Old Stable Drive, Mansfield, Massachusetts 02048 (the " Stable Property "). For the reasons discussed below, the Court denies the Debtor's motion. I. Background The factual...
Related to ECF No. at 17-07028-JAD, ECF No. 1 at 17-07050-JAD, ECF Nos. 1, 8 MEMORANDUM OPINION Hon. Jeffery A. Deller , United States Bankruptcy Judge . By this Adversary Proceeding, the Court is called upon to determine whether, under Massachusetts law, the mortgagee in this case is entitled to foreclose upon the debtor's residence. The debtor contends that the putative mortgagee does not have standing to foreclose due to, inter alia , defects associated with the mortgagee's receipt (...
MEMORANDUM OPINION Thomas P. Agresti , Judge . This is an action by Plaintiff Silvestri Homes WNY, LLC ("Silvestri Homes") seeking to have its claim against the Debtor, Christopher Jones ("Jones") found to be excepted from discharge in this bankruptcy. The claim in question arises from an ill-fated home improvement contract that was entered into by Silvestri Homes and Jones Contracting, LLC ("Jones Contracting"), an entity owned by and formerly operated by Jones, its principal. Silvestri...
Related to Dkt. Nos. 36, 39, 62, 76, 92, & 94 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Dona Barrett finds herself at odds with her former husband, John Barrett, in a fight over marital assets that has now spilled into the bankruptcy court. Dona filed a Motion for Relief from Stay (hereinafter, the "Motion") seeking the ability to return to state court to compel the release of proceeds from the liquidation of John's business interests. 1 The proceeds...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The matter before the Court is the Trustee's Objection to Late Filed Secured Claim ("Objection") 1 filed by Movant, Ronda J. Winnecour, Chapter 13 Trustee ("Trustee Winnecour"), at Doc. No. 49. Trustee Winnecour seeks to disallow Proof of Claim No. 24 filed by U.S. Bank, National Association, Trustee for Pennsylvania Housing Finance Agency ("Respondent"), to the extent the claim contradicts Debtor's confirmed chapter...
MEMORANDUM OPINION Carlota M. B hm , Chief United States Bankruptcy Judge . The matter before the Court is the Motion to Dismiss Adversary Proceeding at Doc. No. 24 ("Motion to Dismiss") filed by Defendant CitiMortgage, Inc. ("CitiMortgage"). The Motion to Dismiss argues that Debtor/Plaintiff's Amended Complaint to Determine Value of Security and Creditor's Allowed Secured Claim Pursuant to Section 506 of the Bankruptcy Code at Doc. No. 16 ("the Amended Complaint") should be dismissed...
MEMORANDUM OPINION The Honorable Jeffery A. Deller , United States Bankruptcy Judge . This matter is a core proceeding, over which the Court has the requisite subject-matter jurisdiction pursuant to 28 U.S.C. 157(b)(2)A), 157(b)(2)(B), 157(b)(2)G), 157(b)(2)(O), and 1334. The background of this adversary proceeding is as follows. Debtor, Michael David Scott, commenced his bankruptcy case by filing for relief under Chapter 7 of the Bankruptcy Code (11 U.S.C. 101 et seq. ) on...
MEMORANDUM OPINION and ORDER Thomas P. Agresti , Judge . This matter concerns an Order to Show Cause ("OTSC") that was issued in both of the above cases against Ocwen Loan Servicing, LLC ("Ocwen") and three individuals regarding a failure to comply with a number of Court orders requiring the production of complete mortgage loan histories in several bankruptcy cases. For reasons that will be discussed in detail below, the Court finds that Ocwen materially disobeyed a number of valid orders...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . In mythological lore, the Greek hero Achilles thought himself to be invincible, impervious to the swords and arrows of his enemies. So too, is the mindset of the Pennsylvania Department of Revenue ("Revenue") in the cases presently before the Court. Revenue requests dismissal of separate adversary proceedings brought by chapter 13 debtors seeking to reduce or eliminate Revenue's secured claims. Revenue believes...
