MEMORANDUM DECISION ON UNITED STATES TRUSTEE'S MOTION FOR CORRECTION OF CLERICAL ERROR UNDER RULE 9024 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE MARGARET DEE McGARITY, Bankruptcy Judge. The United States Trustee filed a motion for correction of a clerical error in the order denying the debtor's discharge in the above-titled adversary proceeding. The debtor opposed the motion on the ground the error was not correctable under Fed.R.Civ.P. 60(a). Both parties submitted briefs in support of...
MEMORANDUM DECISION SUSAN V. KELLEY, Bankruptcy Judge. Introduction This is a case where a sweet deal went sour for one of the parties. David and Linda Sarna wanted to expand and diversify their packaging business, Pro-Pac, Inc., and decided that warehousing and transportation were compatible business lines. The Sarnas turned to a family friend, George Chapes, a well-connected veteran of the industry with a stable of valuable contacts. Chapes signed a confidentiality agreement in May 2005,...
MEMORANDUM DECISION ON MOTION TO DISMISS SUSAN V. KELLEY, Bankruptcy Judge. In this adversary proceeding, Don and Diane Patterson (the "Debtors"), on behalf of themselves and others similarly situated, sued their mortgage servicer, Homecomings Financial, LLC ("Homecomings"), for violating the automatic stay of 11 U.S.C. 362. Homecomings has filed a Motion to Dismiss the Debtors' Complaint for failing to state a claim. After briefing and a hearing, the Court denied Homecomings' Motion; this...
