MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. THIS CASE is before the court on the debtor's motion to dismiss his chapter 13 case and a creditor's objection to it. The debtor argues that he has an absolute right to dismiss his case under 1307(b) of the Bankruptcy Code. The creditor argues that because of the debtor's misconduct, the court should not dismiss the case but should fashion appropriate relief to remedy the misconduct. She argues that the case should be converted to a...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. The question presented in this chapter 13 case is whether the adoption of Fed. R.Bankr.Proc. 3002.1 requires a lender, in a case pending when the rule became effective, to file a late proof of claim so that it may comply with the new rule. This case was filed before December 1, 2011, the effective date of Rule 3002.1. The lender had not filed a proof of claim because there was no prepetition arrearage. The bar date to file a proof of...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. This case is before the court on the motion of H. Jason Gold for a stay pending appeal. Mr. Gold is the chapter 7 trustee in this case. He requested a trustee's fee of $17,254.61. The court allowed a trustee's fee in the reduced amount of $8,020.00 because Mr. Gold did not properly or timely complete his duties as trustee. 11 U.S.C. 704(a)(1). Mr. Gold appealed to the district court asserting that he is entitled to the full trustee's...
MEMORANDUM OPINION DOUGLAS O. TICE JR., Chief Judge. Before the court is the motion of D & MRE, LLC, for recognition of its sublessee rights under a sublease rejected by debtor. The motion is opposed by LAP Petroleum, LLC, which argues that it purchased the underlying lease from debtor free and clear of any interest asserted by D & MRE. Resolution of the issue requires an analysis of the interplay between 363 and 365(h) of the Bankruptcy Code. The court finds that in this case, the...
MEMORANDUM OPINION DOUGLAS O. TICE JR., Chief Judge. Plaintiffs, Mr. and Mrs. Cheatham, initiated this adversary proceeding by complaint filed August 24, 2011. 1 They seek to except from discharge their prepetition state court judgment against debtor Christopher S. Bradley in the amount of $215,181.67. The complaint stated that the state court judgment was "for fraud" but did not cite any provision of the Bankruptcy Code. Trial of this adversary proceeding was held on May 3, 2012, at which...
MEMORANDUM OPINION STEPHEN C. ST. JOHN, Bankruptcy Judge. This matter comes before the Court upon the Complaint filed by Clara P. Swanson, Chapter 7 Trustee ("Trustee"), against the defendants DCR Construction, Inc. ("DCR") and M & I Marshall & Ilsley Bank ("M & I"). Following the conduction of oral argument on February 13, 2012, the Court took this matter under advisement. The Trustee, DCR, and M & I have stipulated to the facts necessary for this Court to decide the merits of the Complaint,...
MEMORANDUM OPINION BRIAN F. KENNEY, Bankruptcy Judge. This matter comes before the Court on the Motion of the Plaintiffs, The Credit Experts, LLC, Alan S. Toppelberg, and Susan J. Malbin, for Summary Judgment (Docket No. 10), and the Opposition of the Defendant, Eduardo Santos (Docket No. 15). The Court has heard the argument of counsel, and reviewed the pleadings in support of and against the Motion. For the reasons stated below, the Motion will be granted in part, and denied in part....
ORDER DOUGLAS O. TICE, Jr., Chief Bankruptcy Judge. For reasons stated in the Memorandum Opinion issued this date, the court finds that the Buy-Sell Agreement for Mattress Discounters Group, LLC, dated January 8, 2010, is an executory contract pursuant to provisions of 11 U.S.C. 365(a), and that the Agreement has been rejected by debtor in accordance with its sixth notice of rejection of executory contracts and unexpired leases of nonresidential real property. Accordingly, IT IS ORDERED...
MEMORANDUM OPINION DOUGLAS O. TICE, JR., Chief Judge. On March 13, 2012, Mattress Discounters Group, LLC, "through its chief executive officer and sole participating Member and Manager, Raymond T. Bojanowski," filed a motion for relief from the automatic stay of the Bankruptcy Code, seeking to enforce a purchase option set forth in the January 8, 2010, "Buy-Sell Agreement for Mattress Discounters Group, LLC," between debtor, Raymond T. Bojanowski, and Mattress Discounters Group, LLC. (...
MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge. Alfred H. Siegel (the "Plaintiff"), in his capacity as Trustee of the Circuit City Stores, Inc. Liquidating Trust, initiated this Adversary Proceeding against Russellville Steel Company, Inc. (the "Defendant") to avoid and recover several transfers made by Circuit City Stores, Inc. and its affiliated debtors (collectively, the "Debtor"), 1 in the ninety days immediately preceding the Petition Date (the "Preference Period"). In its...
MEMORANDUM OPINION AND ORDER DOUGLAS O. TICE, Jr., Bankruptcy Chief Judge. Hearing was held April 25, 2012, on the motion of Hirschler Fleischer, P.C., for authorization to withdraw as counsel for the debtors. Attorney Sheila de la Cruz of Hirshler Fleischer, P.C., appeared in support of the motion, and debtor Donald B. Schley appeared to object to the motion. At the conclusion of the hearing, the court deferred ruling. For reasons stated in this order, the court will deny counsel's motion...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. The question presented in this case is whether a creditor may charge a debtor a fee for filing the required response to the chapter 13 trustee's Notice of Final Cure Payment required by Fed.R.Bankr.P. 3002.1(g). The debtor filed her chapter 13 case on December 6, 2006, and successfully completed her plan. At the commencement of the case, she was in arrears in the payment of her home mortgage. The arrearage was cured during the course of...
