Not for Publication MEMORANDUM OF DECISION GRANTING DEBTOR'S MOTION FOR ENTRY OF DISCHARGE COLLEEN A. BROWN , Bankruptcy Judge . The question before the Court is whether post-petition and post-confirmation modifications of mortgage notes, Chapter 11 plans, and Chapter 11 confirmation orders reinstate personal liability on an individual Chapter 11 debtor, absent a reaffirmation agreement executed pursuant to the requirements of the Bankruptcy Code. See 11 U.S.C. 524(c). JURISDICTION...
MEMORANDUM OF DECISION GRANTING TRUSTEE'S MOTIONS TO SANCTION PHH MORTGAGE CORPORATION, DISALLOWING PHH MORTGAGE'S POST-PETITION CHARGES, AND DIRECTING PHH MORTGAGE TO PAY SANCTIONS TO LEGAL SERVICES LAW LINE OF VERMONT Colleen A. Brown , United States Bankruptcy Judge . The Chapter 13 trustee filed a motion asking this Court to make a finding of contempt, disallow certain post-petition fees, and impose sanctions on PHH Mortgage Corporation, in each of the three above-captioned cases,...
MEMORANDUM OF DECISION DENYING EXCEPTION OF PLAINTIFFS' JUDGMENT FROM DISCHARGE, OVERRULING OBJECTION TO EXEMPTION, AND DENYING DISMISSAL OF CASE ON BAD FAITH GROUNDS COLLEEN A. BROWN , Bankruptcy Judge . Cynthia Isleib and Carol Aines (the "Plaintiffs") filed a three-count complaint against James Zutell (the "Defendant") seeking to (i) except from discharge a judgment-based claim they hold against the Defendant on the basis that it arose from the Defendant's willful and malicious injury...
MEMORANDUM OF DECISION ON THE CROSS MOTIONS FOR SUMMARY JUDGMENT COLLEEN A. BROWN , Bankruptcy Judge . The Plaintiffs, Mr. and Mrs. Rubino, own a parcel of real property composed of five lots and approximately 110 acres of land, and dispute the mortgage deed now held by the Defendants includes all of that land. They allege the subject mortgage deed conveyed only the 11-acre lot on which their house is located because that is the only portion of property described in the mortgage deed by a...
