Category: Bankruptcy Court Opinions

In Re BRANDY J. GRIMMETT, Debtor. Bankruptcy Case No. 09-40642-JDP.United States Bankruptcy Court, D. Idaho. March 24, 2010 MEMORANDUM OF DECISION David E. Gabert, Pocatello, Idaho, Attorney for Debtor. James A. Spinner, SERVICE SPINNER, Pocatello, Idaho, Attorney for Trustee R. Sam Hopkins. JIM PAPPAS, Bankruptcy Judge Introduction Chapter 7[1] debtor Brandy J. Grimmett argues that […]

In re: HA2003, INC., FORMERLY KNOWN AS HA-LO INDUSTRIES, INC., et al., Chapter 11 Case, Debtors. Case No. 02-12059 (Jointly Administered), Re: Docket Item Number 5283.United States Bankruptcy Court, N.D. Illinois, Eastern Division. August 24, 2005 SUPPLEMENTAL AND FINAL ORDER WITH RESPECT TO THE SEVENTEENTH OMNIBUS OBJECTION TO CLAIMS CAROL DOYLE, Bankruptcy Judge This cause […]

IN RE: GARY R. SZEFLINSKI, CHAPTER 7, DEBTOR. CASE NO. 09-23223, RE: ECF NOS. 59, 62.United States Bankruptcy Court, D. Connecticut. October 14, 2010 BRIEF MEMORANDUM AND ORDER APPROVING IN PART DAMAGES FOR CONGRESS STREET CONDOMINIUM ASSOCIATION’S WILLFUL VIOLATION OF THE AUTOMATIC STAY ALBERT DABROWSKI, Chief Bankruptcy Judge On November 3, 2009 (hereafter, the “Petition […]

In Re:Benjamin J. Donato and Serena J. Donato, Debtors. Case No. 11-34418 Chapter 7 United States Bankruptcy Court, N.D. Ohio December 06, 2011. ORDER DENYING MOTION FOR TURNOVER MARY ANN WHIPPLE, JUDGE This case is before the court on Debtor Benjamin Donato’s Motion for Turnover (“Motion”) [Doc. # 18]. In the Motion, Debtor seeks an […]

In re: RUTH C. BUKER, (Chapter 7), Debtor. Case No. 05-14084-RGM.United States Bankruptcy Court, E.D. Virginia, Alexandria Division. October 26, 2007 MEMORANDUM OPINION ROBERT MAYER, Bankruptcy Judge THIS CASE was before the court on the debtor’s motion to reopen the case to enforce a settlement agreement with Capital One Bank. The bank opposes reopening the […]

In re: LARRY L. MORINIA dba LBM Trucking aka Larry Lloyd Morinia and BRENDA JOYCE MORINIA fdba More Than Digital, Debtors. No. 11-07-12803 SA.United States Bankruptcy Court, D. New Mexico. August 13, 2008 MEMORANDUM OPINION OVERRULING CREDITORS’ OBJECTION TO DEBTORS’ AMENDED EXEMPTIONS JAMES STARZYNSKI, Bankruptcy Judge This matter comes before the Court to determine the […]

In re ENRON CORP., et al., Chapter 11 Reorganized Debtors. Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York. September 20, 2005 WEIL, GOTSHAL MANGES LLP, Attorneys for the Reorganized Debtors, New York, New York, Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571) Michael P. Kessler (MK 7134) DEWEY BALLANTINE […]

IN RE DANNA STECK, Chapter 13, Debtor(s) Case No.: 00-39977 (NLW)United States Bankruptcy Court, D. New Jersey. September 9, 2003 Paul Pflumm, Esq., Middlebrooks Shapiro, PC, Roseland, NJ, for the Debtor Dimitri L. Karapelou, Esq., Klehr, Harrison, Harvey, Branzburg Ellers Philadelphia, PA, for WAMCO XXV, Ltd. OPINION NOVALYN WINFIELD, Bankruptcy Judge Page 2 This matter […]

IN THE MATTER OF: STANLEY ALAN ETZLER, Debtor. Case No. 01-11195.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division. October 27, 2005 DECISION AND ORDER ROBERT GRANT, Bankruptcy Judge At Fort Wayne, Indiana, on October 27, 2005. The notice of motion and opportunity to object which the trustee (hereinafter “Movant”) served in connection with his […]

In re OSCAR J. CARLTON APRIL O. CARLTON, Chapter 13, Debtors. Case No. 08-10624-DHW.United States Bankruptcy Court, M.D. Alabama. November 24, 2008 MEMORANDUM OPINION DWIGHT WILLIAMS JR., Bankruptcy Judge Before the court is Wells Fargo Bank’s (“Wells Fargo”) objection to confirmation of the chapter 13 plan proposed by the debtors. The plan bifurcates Wells Fargo’s […]

In re ENRON CORP., ET AL., Chapter 11, Debtors. In re ECI-NEVADA CORP., Chapter 11, Debtor. Case No. 01-16034 (AJG), Jointly Administered, Case No. 03-11374 (AJG)United States Bankruptcy Court, S.D. New York. March 20, 2003 ORDER DIRECTING THAT CERTAIN ORDERS ENTERED IN THE CHAPTER 11 CASES OF ENRON CORP., ET AL., BE MADE APPLICABLE TO […]

In re: KMART CORPORATION, et al., Chapter 11, Debtors. Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division. July 1, 2004 AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NUMBERS 3136, 3264, 7623, 7648, 7775 SUSAN SONDERBY, Chief Judge, Bankruptcy Upon consideration of the cure claims (“Cure Claims”) filed by GMAC Commercial […]

In re: JOSE AMILCAR ZELAYA and IRMA YOLAND SANCHEZ, (Chapter 7), Debtors. Case No. 07-13144-RGM.United States Bankruptcy Court, E.D. Virginia, Alexandria Division. March 19, 2007 MEMORANDUM OPINION ROBERT MAYER, Bankruptcy Judge THIS CASE is before the court on the debtors’ motion to reopen the case to permit the entry of a discharge. The debtors did […]

IN RE PAUL R. HORNER and EUNICE L. HORNER, Debtor(s). THOMAS H. FLUHARTY, Trustee, Plaintiff(s), v. CITIZENS NATIONAL BANK, Defendant(s). BK NO. 00-30112, AP NO. 00-3054United States Bankruptcy Court, N.D. West Virginia May 18, 2000 MEMORANDUM OPINION AND ORDER EDWARD FRIEND II, Bankruptcy Judge This matter is before the Court pursuant to the Defendant’s Motion […]

In re METROPOLITAN MORTGAGE SECURITIES CO., INC., Chapter 11, Debtor. In re. SUMMIT SECURITIES, INC., Debtor. No. 04-00757-W11, Jointly Administered Under, Kevin Daly [Claim Docket No. 9212], Docket No. 3511 [Objection to Claim];, 4784 [Certificate of Service]; and, 6135 [Request for Entry of Order].United States Bankruptcy Court, E.D. Washington. August 16, 2005 Barry W. Davidson, […]

In re: VIRGINIA L. KAUFFMAN, Debtor CASE NO. 02-5888-3F7United States Bankruptcy Court, M.D. Florida September 15, 2003 Patricia M. Moring, for Debtor. Richard A. Perry, for Thomas Read. ORDER DENYING MOTION TO STRIKE SECOND AMENDMENT TO SCHEDULE C JERRY FUNK, Bankruptcy Judge This case came before the Court upon Motion to Strike Second Amendment to […]

IN RE: ENCOMPASS SERVICES CORPORATION, et al., Chapter 11, Debtors. CASE NO. 02-43582-H4-11United States Bankruptcy Court, S.D. Texas, Houston Division. August 6, 2003 Jeffery M. Hirsh, State Bar No. 09 16300 S.D.I.D. 6230, Houston, Texas SCHLANGER, MILLS, MAYER SILVER, L.L.P., Houston, Texas, Attorneys for Timothy J. Shinn and Robin Shinn ORDER GRANTING EX PARTE MOTION […]

IN RE: CITATION CORPORATION, et al.,[1] Chapter 11, Debtors. Case No. 04-08130-TOM-11.United States Bankruptcy Court, N.D. Alabama, Southern Division. August 2, 2005. [1] In addition to the Citation Corporation, the Debtors include the following entities: (i) Citation Holding Company, (ii) Berlin Foundry Corporation, (iii) Bohn Aluminum, Inc., (iv) Castwell Products, Inc., (v) Citation Precision, Inc., […]

In re: THE CATHOLIC BISHOP OF SPOKANE a/k/a THE CATHOLIC DIOCESE OF SPOKANE, a Washington corporation sole, Chapter 11, Debtor. MICHAEL SHEA, Plaintiff, v. THE CATHOLIC BISHOP OF SPOKANE a/k/a THE CATHOLIC DIOCESE OF SPOKANE, a Washington corporation sole, Defendants. No. 04-08822-PCW11, Adversary No. A04-00291-PCW.United States Bankruptcy Court, E.D. Washington. August 26, 2005 MEMORANDUM DECISION […]

In re: THE 1031 TAX GROUP, LLC, et al., Chapter 11. Case No. 07-11448 (MG), Jointly Administered.United States Bankruptcy Court, S.D. New York. August 13, 2007 DREIER LLP Attorneys for the Debtors New York, New York By: Norman N. Kinel, Esq. Paul Traub, Esq. DIANA G. ADAMS United States Trustee New York, New York By: […]

In re JAMES M. SMITH, Debtor. JAMES M. SMITH, Appellant, v. SIDNEY LACHTER AND SANDRA LACHTER, Successors to Neepawa Enterprises, Ltd, Appellees. BAP No. AZ-98-1883-ABKUnited States Bankruptcy Appellate Panel, Ninth CircuitArgued and Submitted on September 23, 1999 at Phoenix, Arizona Filed December 9, 1999 Appeal from the United States Bankruptcy Court for the District of […]

IN RE: RICHARD WILLIAM LAIRD and KAREN DENISE LAIRD, Chapter 7, Debtors. Bankruptcy No. 03-66066 JPK.United States Bankruptcy Court, N.D. Indiana, Hammond Division. August 3, 2005 ORDER ON TRUSTEE’S OBJECTION TO CLAIM PHILIP KLINGEBERGER, Bankruptcy Judge The trustee filed an objection to claim number 2 of Debbie J. Wells on June 16, 2005. The record […]

In re: HAYHOOK CATTLE COMPANY, LLC, CHAPTER 12, DEBTOR. CASE NO. 10-41257.United States Bankruptcy Court, D. Kansas. December 20, 2010 MEMORANDUM OPINION AND ORDER ON THE AUTHORITY OF DEBTOR TO FILE FOR RELIEF WITHOUT THE CONSENT OF CARDONELL, OAKLEAF, AND SMITH CATTLE, INC. DALE SOMERS, Bankruptcy Judge Tracey Cardonell (“Cardonell”), Coree Oakleaf (“Oakleaf”) and Smith […]

IN RE: James W. Rayford, Debtor CASE NUMBER: 02-01076-5-ATSUnited States Bankruptcy Court, E.D. North Carolina August 15, 2002 ORDER A. THOMAS SMALL, United States Bankruptcy Judge This matter is before the court on its own motion. A Discharge was erroneously entered on July 19, 2002, and The court finds that the Discharge dated July 19, […]

IN RE ENRON CORP., et al., Chapter 11, Debtors. Case No. 01-16034 (AJG), Jointly AdministeredUnited States Bankruptcy Court, S.D. New York. December 12, 2002 ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN ENRON NORTH AMERICA CORP.AND THE E.W. SCRIPPS COMPANY AND AUTHORIZING ASSIGNMENT OF SUCH AGREEMENTTO COMPAGNIE PAPIERS STADACONA LTÉE ARTHUR J. GONZALEZ, United States Bankruptcy Judge Upon […]

In re: JACK BEHREND BATES and CHARLINE MOLLIE BATES, Debtors. No. 7-07-11966 ML.United States Bankruptcy Court, D. New Mexico. January 18, 2008 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE A § 727 COMPLAINT OBJECTING TO DISCHARGE MARK McFEELEY, Bankruptcy Judge THIS MATTER is before the Court on the Motion for Extension of Time […]

In Re: CHRISTOPHER R. KING, dba, CK CONSTRUCTION, LLC, Debtor. JB CONSTRUCTION, INC., an Idaho corporation, Plaintiff, v. CHRISTOPHER R. KING, dba, CK CONSTRUCTION LLC, Defendant. Bankruptcy Case No. 07-02042-JDP, Adv. Proceeding No. 08-6031.United States Bankruptcy Court, D. Idaho. March 23, 2009 MEMORANDUM OF DECISION David V. Nielsen, Boise, Idaho, and Laura E. Burri, RINGERT […]

IN RE: PHOENIX RESTAURANT GROUP, INC., et al., Chapter 11, Debtors No. 301-12036United States Bankruptcy Court, M.D. Tennessee, Nashville Division December 5, 2001 Attorneys for Debtors and Debtors-in-Possession: GARRY BROWN and CHARLES K. GRANT with DINSMORE SHOHL LLP from Nashville, TN. Also KIM MARTIN LEWIS and TIM J. ROBINSON with DINSMORE SHOHL LLP from Cincinnati, […]

In re: DOROTHY LUCILLE BERGERON and MELVIN FRANCIS BERGERON Debtors. Case No. 99-42568 NRUnited States Bankruptcy Court, N.D. California July 12, 1999 ORDER EXCUSING DEBTOR’S APPEARANCE AT SECTION 341 MEETING, VACATING ORDER TO SHOW CAUSE, AND DIRECTING THAT DISCHARGE ENTER RANDALL J. NEWSOME, U.S. Bankruptcy Judge. This chapter 7 case is before the court pursuant […]

IN THE MATTER OF: MICHAEL G. LOVETT, JR. Debtor. Case No. 05-11856.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division. August 1, 2005 DECISION AND ORDER ROBERT GRANT, Bankruptcy Judge The notice of motion and opportunity to object which Greenpoint Mortgage (hereinafter “Movant”) served in connection with its Motion for Relief from Stay and to […]

IN RE: VARTEC TELECOM, INC., et al., (Chapter 11) DEBTORS. Case No. 04-81694-HDH-11 (Jointly Administered).United States Bankruptcy Court, N.D. Texas, Dallas Division. November 23, 2005 Joseph M. Coleman, State Bar No. 04566100, Michael L. Scanlon, State Bar No. 17707500, KANE RUSSELL COLEMAN LOGAN, P.C., Dallas, Texas, Special Counsel to the Debtors. David M. Bennett, State […]

In re: RIO VALLEY MOTORS COMPANY, LLC Debtor. No. 11-06-11866 SS.United States Bankruptcy Court, D. New Mexico. December 3, 2007 MEMORANDUM OPINION ON MOTION TO RECONSIDER ORDER DENYING DEBTOR-IN-POSSESSION’S APPLICATION TO EMPLOY WILLIAM L. NEEDLER AS CHAPTER 11 COUNSEL JAMES STARZYNSKI, Bankruptcy Judge This matter is before the Court on Attorney William L. Needler’s Motion […]

IN RE: RICHARD MAYBERRY, ELIZABETH C MAYBERRY, Chapter 13 Debtor(s). Case No. 08-32062.United States Bankruptcy Court, S.D. Texas, Houston Division. June 8, 2009 MEMORANDUM OPINION REGARDING LENDER FEES MARVIN ISGUR, Bankruptcy Judge In ten, unrelated chapter 13 bankruptcy cases, Wells Fargo Bank, N.A. or America’s Servicing Company seek reimbursement of $250.00 fixed fees that were […]

In re WASHINGTON GROUP INTERNATIONAL, INC., Chapter 11, Reorganized Debtors. Case No. BK-N-01-31627.United States Bankruptcy Court, D. Nevada. July 18, 2003. Martin J. Weis, Esq., Dilworth Paxson LLP, Philadelphia, Pennsylvania, Counsel for Transport International Pool, Inc. Jennifer A. Smith, Esq., Lionel Sawyer Collins, Reno, Nevada, Counsel for Washington Group International, Inc. STIPULATION REGARDING OBJECTION TO […]

IN RE: ADAMS 3, INC. CASE NO. 07-81269.United States Bankruptcy Court, W.D. Louisiana, Alexandria Division. February 13, 2009 REASONS FOR DECISION HENLEY HUNTER, Bankruptcy Judge This matter came before the Court on the Chapter 7 Trustee’s § 506(c) Application to Recover Reasonable, Necessary Costs and Expenses of Preservation of the Estate from the secured creditor, […]

IN RE: DANIEL LYNN McWILLIAMS AND IDA MAE McWILLIAMS, Debtors. VILLAGE OF SAN JOSE, a municipal corporation, Plaintiff, v. DANIEL LYNN McWILLIAMS and IDA MAE McWILLIAMS, Defendants. Case No. 00-70850, Adversary No. 00-7104.United States Bankruptcy Court, C.D. Illinois March 6, 2001 O P I N I O N LARRY LESSEN, UNITED STATES BANKRUPTCY JUDGE. The […]

In re: STEVEN A. FAUGHT and SENA M. FAUGHT, CHAPTER 7, Debtor(s). Case No. 05-43548.United States Bankruptcy Court, W.D. Kentucky. January 19, 2006 MEMORANDUM ON MOTION TO RECONSIDER DAVID STOSBERG, Chief Judge This matter comes before the court on the debtors’ Motion for Reconsideration of the order granting the motion for relief from automatic stay […]

In re ENRON CORP., et al., Chapter 11, Reorganized Debtors. Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York. May 27, 2005 ENRON CORP. and the REORGANIZED DEBTORS, Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), David R. Berz (DB 4517), Andrew M. Troop (pro hac vice), WEIL, GOTSHAL MANGES […]

In re: Michael C. Ezell Case No. 01-52506, Chapter 7United States Bankruptcy Court, S.D. Ohio, Eastern Division August 31, 2001 ORDER ON REAFFIRMATION AGREEMENTS SELLERS, Judge The debtor in this chapter 7 bankruptcy case has elected to proceed without legal representation. He also has executed two reaffirmation agreements with Seven Seventeen Credit Union, Inc. (“the […]

In re RUFUS STANCIL, JR., Chapter 7, Debtor. Case No. 01-02220.United States Bankruptcy Court, D. Columbia. January 28, 2005 ORDER DENYING DEBTOR’S CONTEMPT MOTION S. TEEL, Bankruptcy Judge Pursuant to a decision of this date, it is ORDERED that the debtor’s contempt motion (entitled “Request for Entry of Order Requiring Sunrise Atlantic, LLC, John K. […]

IN THE MATTER OF: MURRAY A. REHRS and DONNA J. REHRS, CH. 13, Debtors. CASE NO. BK07-40128.United States Bankruptcy Court, D. Nebraska. May 31, 2007 ORDER THOMAS SALADINO, Bankruptcy Judge This matter was presented to the Court on the Amended Motion to Reconsider (Fil. #36) filed by Debtors, and a Resistance by Wells Fargo Financial […]

In re: KMART CORPORATION, et al., Chapter 11, Debtor Case No. 02 B 02474United States Bankruptcy Court, N.D. Illinois. October 28, 2003 ORDER RE; WITHDRAWAL OF KMART’S MOTION FOR ENTRY OF AN ORDER PURSUANT TO 11 U.S.C. § 502 AND 503 AND FED R. BANKR. P. 9019 AUTHORIZING KMART TO ACKNOWLEDGE CERTAIN PREPETITION CLAIMS AND […]

IN RE STEPHAN DORRAL MILLER, CATHERINE LYN MILLER, Chapter 13, Debtors. Case No. 08-00192-TLM.United States Bankruptcy Court, D. Idaho. August 28, 2009 MEMORANDUM OF DECISION TERRY MYERS, Bankruptcy Judge BACKGROUND Stephan Miller and Catherine Miller (“Debtors”) filed a voluntary joint petition for chapter 7 relief on February 6, 2008, commencing this case.[1] They converted the […]

In re ENRON CORP., et al., Chapter 11, Reorganized Debtors. Case No. 01-16034 (AJG) Jointly Administered.United States Bankruptcy Court, S.D. New York. February 2, 2005 Lee J. Mendelson (LM 3374), MORRITT, HOCK, HAMROFF HOROWITZ, LLP, Garden City, New York, Attorneys for Citicorp Vendor Finance, Inc. Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), […]

In re: KMART CORPORATION, et al., Debtors. Case No. 02-02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division. June 30, 2004 AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 3498 SUSAN SONDERBY, Chief Judge, Bankruptcy Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Crown American Properties, L.P. […]

IN RE: ANDREA JO CARMELLO, DEBTOR. CASE NO. 08-00565-8-JRL.United States Bankruptcy Court, E.D. North Carolina, New Bern Division. March 20, 2008 ORDER J. LEONARD, Bankruptcy Judge This case is before the court on an order to show cause, issued at the request of the Bankruptcy Administrator, why this case should not be dismissed for failing […]

In re ROBERT K. LANCASTER and CHRISTIE L. LANCASTER, Debtors. Case No. F00-00774-DMD, Chapter 7.United States Bankruptcy Court, D. Alaska May 2, 2001. ORDER DENYING DEBTORS’ MOTION TO REOPEN CASE DONALD MacDONALD, United States Bankruptcy Judge. This no-asset chapter 7 case was closed on December 20, 2000. Because this was a no-asset case, a deadline […]

IN RE MICHAEL URWIN Chapter 7, Debtor. Case No. 07-01104-TLM.United States Bankruptcy Court, D. Idaho. January 14, 2010 MEMORANDUM OF DECISION TERRY MYERS, Bankruptcy Judge Before the Court is a “Motion Seeking Contempt Citation for Violation of the Discharge Injunction,” Doc. No. 52 (“Motion”). The Motion is filed by chapter 7 debtor Michael Urwin (“Debtor”). […]

In the matter of Bella Vista Associates, LLC, et al. Debtors Ridings at Brandywine Associates, L.P. Plaintiff v. Citizens Bank Defendant. Case No. 07-18134/JHW through 07-18136, 07-18138 through 07-18151, 07-18153 and 07-18154, Adversary No. 07-2610.United States Bankruptcy Court, D. New Jersey. April 24, 2008 Aris J. Karalis, Esq., Maschmeyer Karalis P.C., Cherry Hill, New Jersey, […]

In re: KMART CORPORATION, et al., Chapter 11, Debtors Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois. March 8, 2004 AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 6933 SUSAN SONDERBY, Chief Judge, Bankruptcy Upon consideration of the cure claim (the “Cure Claim”) filed by Salisbury Partners, landlord (the “Landlord”) under the […]

In re: EVERGREEN SECURITY, LTD., Chapter 11, Debtor. Case No. 6:01-bk-00533-ABB.United States Bankruptcy Court, M.D. Florida, Orlando Division. July 17, 2007 ORDER ARTHUR BRISKMAN, Bankruptcy Judge This matter came before the Court on the Motion for Sanctions Pursuant to Federal Rule of Bankruptcy Procedure 9011 (Doc. 1542) (“Sanctions Motion”) and the Motion for Fees and […]