1. Chapter 13 Bankruptcy Forms Free
2. Free Bankruptcy Forms Chapter 7
3. Chapter 13 Bankruptcy Calculator
4. Examples Of Completed Bankruptcy Forms
5. Chapter 13 Bankruptcy Forms Download

• Lora Turner
• 3 years ago
• Views:

Download bankruptcy forms for filing Chapter 7 or Chapter 13 bankruptcy without a lawyer. Our bankruptcy form packages have all the bankruptcy court forms you need, including easy instructions and a how to file bankruptcy guide. Legal Forms is the original and premiere legal forms site on the Internet. Download '4:12-cv-13965-MAG-MKM Doc # 8 Filed 08/06/13 Pg 1 of 10 Pg ID. Action below is a voluntary Chapter 13 bankruptcy petition filed by Randall S. When you file for Chapter 13 bankruptcy, you must complete and file a packet of forms. Here’s a list of the many forms you’ll need to file for Chapter 13, and where to find them. (To learn more about Chapter 13 bankruptcy, see our Chapter 13 Bankruptcy area. The National Data Center (NDC) is a comprehensive data source for Chapter 13 bankruptcy cases and claims.

To learn more about each of these forms, see Completing the Bankruptcy Forms. The Chapter 13 Repayment Plan. The crux of the Chapter 13 case is the repayment plan. You must file a proposed repayment plan with your Chapter 13 petition. There is no official form for the repayment plan. Description Chapter 7, 11 and 13 Consumer Bankruptcy Documents and Forms. 2019 Version. If you purchase the Bankruptcy Forms, you will receive an email with a link to download the contents of the forms immediately after purchase. Order Regarding Request for Exemption from Credit Counseling/Financial Management/Certification in Support of Discharge (DSO's).

Transcription

1 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 1 of 10 Pg ID 317 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF: RANDALL STEVEN HUDOCK and JOSEPHINE V. HUDOCK, Debtors, / KRISPEN S. CARROLL, CHAPTER 13 TRUSTEE, Civil Action No HON. MARK A. GOLDSMITH vs. Appellant, Bankruptcy No PJS HON. PHILLIP J. SHEFFERLY REEDS, REEDS, HAMMERSCHMIDT & STICKRADT, PC, Appellee. / OPINION AND ORDER REVERSING THE ORDER OF THE BANKRUPTCY COURT REGARDING ATTORNEY FEES and REMANDING THE CASE TO THE BANKRUPTCY COURT FOR FURTHER PROCEEDINGS I. INTRODUCTION This is a bankruptcy appeal. Debtors Randall S. Hudock and Josephine V. Hudock filed a voluntary petition under Chapter 13 of the Bankruptcy Code. Bankruptcy Record ( B.R. ) at 11 of 264 (Dkt. 2). On September 10, 2012, the debtors amended Chapter 13 plan was confirmed by an order of the Bankruptcy Court. B.R. at 211. On the same day, the Bankruptcy Court entered an order approving attorney fees to Appellee, counsel for debtors, in the amount of $6, and costs in the amount of $ B.R. at 262. Appellant subsequently brought this appeal, challenging the award of attorney fees. Both parties have filed briefs (Dkts. 6, 7). For 1

2 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 2 of 10 Pg ID 318 the reasons that follow, the Court reverses the order of the Bankruptcy Court awarding attorney fees to Appellee, and remands the case to the Bankruptcy Court for further proceedings. II. BACKGROUND The action below is a voluntary Chapter 13 bankruptcy petition filed by Randall S. Hudock and Josephine V. Hudock. The debtors filed schedules of their assets and liabilities, on which they noted that they possessed a residence worth $180,000. B.R. at 25. On Schedule D Creditors Holding Secured Claims, the debtors listed a claim held by Everhome Mortgage Co., with an amount of $179,920, all of which was secured by a mortgage on the residence, except for $620, which was unsecured. B.R. at 34. The schedule also listed a claim held by Mortgage Service Center in the amount of $97,560, which was a home equity loan secured by a second mortgage on the residence, all of which claim was no longer secured. B.R. at 34. The debtors filed a Chapter 13 plan. B.R. at 92. The plan indicates that the debtors sought to strip the lien of Mortgage Service Center and treat the debt as a class eight, general unsecured claim. B.R. at 94. The plan lists the market value of the property as $180,000. Id. The debtors then filed an adversary claim against Mortgage Service Center, alleging that the debtors are entitled to avoid the unsecured second mortgage. B.R. at The debtors subsequently dismissed this complaint and filed a complaint against Bank of America, N.A., which was the party that actually held the second mortgage. B.R. at The second complaint was identical to the first, except that the name of the defendant was changed. PHH Mortgage Corp., as servicer for Bank of America, filed objections, alleging that there was equity in the residential property above the first mortgage lien and PHH Mortgage was therefore entitled to a fully secured lien on the property. B.R. at 119. In subsequently-filed amended schedules, the debtors listed the value of the residential 2

3 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 3 of 10 Pg ID 319 property at $278,180. B.R. at 178. The debtors also filed an amended Chapter 13 plan that provided for the surrender of the mortgage property. B.R. at 189. This amended plan was confirmed by order of the Bankruptcy Court. B.R. at 211. Appellee then filed an application for attorney fees in the amount of $7, and costs in the amount of $ B.R. at Appellee did not bill for the hours worked on the first adversary complaint. B.R. at 224. On June 19, 2012, the Bankruptcy Court conducted a hearing on the application for approval of attorney fees. At the hearing, Andrijana Vujic on behalf of Appellee stated, Mr. Hudock and Mrs. Hudock believe that their house was worth less than the first mortgage. They looked at the market and talked to some real estate agents.... I was in constant contact... regarding appraisals and just discussing resolution of this adversary. Much of this is not even charged for. B.R. at 247. She continued, [W]hen my clients obtained an appraisal and we realized that a lien strip may not be proper, we discussed... about possibly bifurcating the claim. B.R. at Bifurcation would have resulted in a partial stripping of the second lien. See Appellee s Br. at 9 (Dkt. 7). The Bankruptcy Court, ruling from the bench, stated: [T]he trustee s largest point here is that this is not a case that warrants a $7,086 fee, and even the debtor s counsel s own estimate as recently as February 29 when the amended plan was filed estimated $5,500 for the life of the plan..... In the In re Boddy case, B-o-d-d-y, the Sixth Circuit, 1991, explained that in the Court s consideration of the factors under Section 330(a) of the Bankruptcy Code, the Court should apply a lodestar analysis, which is basically to determine a reasonable hourly rate, which should consist of the prevailing market rate in the relevant legal community for similar services by a lawyer s reasonably comparable skills, experience, and reputation. And the next step in this lodestar analysis identified in In re Boddy is to determine the lawyer s reasonable hours. So the trustee s objection focuses on both aspects of the lodestar analysis, first the hourly rates and, second, the reasonable hours. B.R. at

4 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 4 of 10 Pg ID 320 The Bankruptcy Court overruled Appellant s objection regarding hourly rates, concluding that Appellee s hourly rates were reasonable. B.R. at 257. The Bankruptcy Court then stated: I m going to reduce the fees, not as much as the trustee has suggested, but I m going to reduce them by $800, which I think would provide a fee that is still far in excess of the standard fee for a case of this kind or the fee that s customarily charged for a case of this kind, and I m satisfied with the explanation of the circumstances here that there were good reasons why it took as much as it did, but I m not persuaded that the entire fee is reasonable. So rather than pick out specific hours, I will note that in making my reduction of $800 that there were multiple adjournments of the confirmation hearing that appear to have been caused by the -- among other reasons -- I realize there were some other issues outstanding, but they appear to have been caused in large part by the two adversary proceedings and the attempt by the debtors to seek lien strip relief which, frankly, was unlikely based on the debtor s own schedules, so I think that s the primary reason why I think the fees were driven up as high as they are. B.R. at The Bankruptcy Court then entered an order approving attorney fees in the amount of $6, and costs in the amount of $ B.R. at 262. III. STANDARD OF REVIEW A bankruptcy court s order allowing or disallowing fees under 11 U.S.C. 330(a) will not be disturbed on review, unless the bankruptcy court abused its discretion. In re Veltri Metal Prods., Inc., 189 F. App x 385, (6th Cir. 2006). An abuse of discretion occurs when the bankruptcy court relies upon clearly erroneous findings of fact, improperly applies the law, or uses an erroneous legal standard. In re Airspect Air, Inc., 385 F.3d 915, 920 (6th Cir. 2004). See also In re Robinson, 189 F. App x 371, 373 (6th Cir. 2006) ( bankruptcy court is afforded broad discretion in determining attorney s fees under 11 U.S.C. 330(a)). The standard of review of the bankruptcy court s findings of fact is clear error, and the standard of review of the bankruptcy court s conclusions of law is de novo. In re The Gibson Group, 66 F.3d 1436, 1440 (6th Cir. 1995). 4

5 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 5 of 10 Pg ID 321 IV. ANALYSIS Appellant argues that the Bankruptcy Court abused its discretion by failing to properly apply the lodestar analysis by declining to determine the reasonable number of hours worked by the debtors counsel on the bankruptcy case, and instead making a nominal reduction in fees based on the futile lien strip proceedings. Appellant Br. at 6-7 (Dkt. 6). 1 Appellee responds that the Bankruptcy Court knew and applied the appropriate lodestar analysis, with citations to controlling authority. Appellee Br. at 8 (Dkt. 7). Appellee further argues that the debtors counsel did not bill for any fees incurred through the filing of the first adversary claim, which was brought against the wrong party, and that the second adversary lien strip claim conferred a reasonable benefit on the debtors by opening the door to the possibility of bifurcating the second mortgage loan. Id.at 9. Appellee argues that the Bankruptcy Court s findings of fact were therefore not clearly erroneous and should be upheld. Id. at A bankruptcy court has the authority to reduce attorney fee awards that exceed[] the reasonable value of [] such services. 11 U.S.C. 329(b). The Bankruptcy Code provides that a bankruptcy court must consider the following factors in determining the amount of attorney fees to be awarded: (3) In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including-- (A) the time spent on such services; (B) the rates charged for such services; 1 Appellant does not challenge on appeal the Bankruptcy Court s determination of the reasonableness of the hourly rate. 5

6 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 6 of 10 Pg ID 322 (C) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title; (D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; (E) with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and (F) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. (4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for-- (i) unnecessary duplication of services; or (ii) services that were not-- (I) reasonably likely to benefit the debtor's estate; or (II) necessary to the administration of the case. (B) In a chapter 12 or chapter 13 case in which the debtor is an individual, the court may allow reasonable compensation to the debtor's attorney for representing the interests of the debtor in connection with the bankruptcy case based on a consideration of the benefit and necessity of such services to the debtor and the other factors set forth in this section. 11 U.S.C. 330(a). The Sixth Circuit has held that the lodestar method of calculating attorney fees is applicable to bankruptcy cases. In re Boddy, 950 F.2d 334, 337 (6th Cir. 1991). Under the lodestar analysis, the court will arrive at an attorney s fee by first determining the lodestar amount, which is calculated by multiplying the attorney s reasonable hourly rate by the number of hours reasonably expended. Id. (citations omitted). In determining reasonable attorney s fees, the Bankruptcy Court must expressly calculate 6

7 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 7 of 10 Pg ID 323 the lodestar amount, rather than relying on other standards to determine the fee award. In re Boddy, 950 F.2d at The Sixth Circuit has explained: In the present case, the bankruptcy court did not engage in the lodestar analysis. The bankruptcy court instead employed the Robinson normal and customary standard to determine the fee award. No effort was made to determine a reasonable hourly rate for the particular attorney handling the case and then multiply that rate by the reasonable hours worked on the case. Rather, the court focused on whether the services performed were extraordinary in order to determine if interim fees were warranted. This was an abuse of discretion by the bankruptcy court because it applied an improper legal standard..... Nor can it be argued that the bankruptcy court s approach in the present case necessarily involved use of the lodestar method. This is not apparent from the bankruptcy court s opinion, and we will not infer that the proper analysis was performed without some evidence in the record. Indeed, one of the problems with the bankruptcy court s approach is that it allows the court to award attorney s fees with little or no analysis of how the fees are determined. We are unable to assess the propriety of a fee award on appeal without any explanation as to how the court calculated the amount of the award. Matter of Evangeline Refining Co., 890 F.2d 1312, 1328 (5th Cir.1989). Without at least some discussion of the lodestar factors, the award of attorney s fees in Chapter 13 bankruptcy cases in the Western District of Kentucky becomes arbitrary and unreviewable. Id.; see also In re Paster, 119 B.R. 468, 470 (E.D. Pa.1990) (lodestar factors should be considered in Chapter 13 cases). Nevertheless, we do not hold that the bankruptcy court can never consider the normal and customary services rendered in a Chapter 13 bankruptcy. The court can legitimately take into account the typical compensation that is adequate for attorney s fees in Chapter 13 cases, as long as it expressly discusses these factors in light of the reasonable hours actually worked and a reasonable hourly rate. Id. at (some citations omitted). In a more recent case, a bankruptcy appellate panel of the Sixth Circuit emphasized the necessity of specifically explaining which hours detailed in the... fee application were disallowed and why. In re Williams, 357 B.R. 434, 440 (B.A.P. 6th Cir. 2007). 2 The court held 2 Although Williams was a Chapter 7 bankruptcy case, the court s discussion of the lodestar requirement is applicable to the present Chapter 13 case. See Boddy, 950 F.2d at 337 (adopting the lodestar analysis for all bankruptcy cases, without distinguishing between Chapter 13 and Chapter 7 cases). 7

8 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 8 of 10 Pg ID 324 that the failure to do so constitutes an abuse of discretion: While the bankruptcy court discussed some of the factors which are subsumed in the lodestar analysis, such as the novelty and difficulty of the issues, it did not expressly calculate the lodestar amount by using the Sixth Circuit mandated methodology. This failure is legally erroneous. At a minimum... the bankruptcy courts must expressly calculate the lodestar amount when determining reasonable fees. Boddy, 950 F.2d at 338. The bankruptcy court did not determine the Appellant s reasonable hourly rate. Nor did the court explain which hours detailed in the Appellant s fee application were disallowed and why. The court focused instead on whether the tasks completed were above and beyond what it expected to be included in the presumptive fee. By applying this improper legal standard, the bankruptcy court abused its discretion. Boddy, 950 F.2d at 337. After the bankruptcy court conducts a lodestar analysis consistent with Boddy, the fee award may be lesser or greater than the presumptive fee. Id. (emphasis in original). In the instant case, the parties dispute whether the lien strip proceedings conferred a reasonable benefit on the debtors or the estate. 3 The Bankruptcy Court concluded that the attempt to seek lien strip relief was unlikely based on the debtor s own schedules and was the primary reason why... the fees were driven up as high as they are, B.R. at 260, but the Bankruptcy Court did not expressly determine which hours detailed in the fee application were disallowed or calculate the reasonable number of hours actually worked. Instead, the Bankruptcy Court declined to identify specific hours that would be disallowed, stating, So rather than pick out specific hours, I will note that in making my reduction of $800 that there were multiple adjournments of the confirmation hearing [and] some other issues outstanding.... B.R. at (emphasis added). 3 A Chapter 13 bankruptcy debtor may only attempt to modify an unsecured claim not a secured claim. In re Lane, 280 F.3d 663, 669 (6th Cir. 2002). A secondary lien on a property is totally unsecured if a higher-priority secured claim is in an amount greater than the security value, i.e. the value of the property. Id. As the Bankruptcy Court noted in its ruling, in the instant case it was unlikely that Appellee s lien strip efforts would be successful, because the value of the residential property as reported on the debtors schedules exceeded the amount of the primary mortgage, rendering the second mortgage loan totally unsecured. 8

9 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 9 of 10 Pg ID 325 The Court concludes that the Bankruptcy Court failed to properly apply the lodestar analysis. Rather than calculate the lodestar amount, the Bankruptcy Court reduced the fee award by a nominal amount $800 without determining the reasonable number of hours actually worked by counsel. Because the Bankruptcy Court did not properly apply a binding legal standard, the Bankruptcy Court abused its discretion. Appellee cites one case to support the proposition that a bankruptcy court need not specifically discuss the reasonable hourly rate or hours worked, In re Big Rivers Elec. Corp., 252 B.R. 676 (W.D. Ky 2000). In Big Rivers, the district court concluded that the bankruptcy court in essence performed a lodestar analysis by discussing a variety of factors subsumed in the lodestar analysis, even though the bankruptcy did not expressly discuss the reasonable hours expended or whether the hourly rate was reasonable. Id. at 683. The court further concluded that the bankruptcy court obviously found reasonable... the hourly rate. Id. However, this Court concludes that the non-binding decision in Big Rivers is not persuasive. First, Big Rivers was decided before Williams, which clearly articulated the requirement that a bankruptcy court must explicitly discuss the reasonable hourly rate and reasonable hours worked. Furthermore, the Court is not persuaded by the Big Rivers court s interpretation of Boddy; the Sixth Circuit in Boddy expressly required a specific calculation of the lodestar amount. Therefore, Big Rivers does not alter the Court s analysis. V. CONCLUSION Because the Bankruptcy Court improperly applied the lodestar analysis, the Court reverses and remands the case for further proceedings. On remand, the Bankruptcy Court must undertake a proper lodestar analysis, including determination of the reasonable number of hours worked by the debtors counsel. 9

10 4:12-cv MAG-MKM Doc # 8 Filed 08/06/13 Pg 10 of 10 Pg ID 326 SO ORDERED. Dated: August 6, 2013 Flint, Michigan s/mark A. Goldsmith MARK A. GOLDSMITH United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on August 6, s/deborah J. Goltz DEBORAH J. GOLTZ Case Manager 10

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:10-cv-13852-PJD-MKM Doc # 13 Filed 03/23/11 Pg 1 of 9 Pg ID 60 In re CRAIG WILLIAM REUBER and DANIELLE LESA REUBER, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Debtors.

More information

4:13-cv-10877-MAG-LJM Doc # 16 Filed 07/03/13 Pg 1 of 7 Pg ID 126 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

4:13-cv-10877-MAG-LJM Doc # 16 Filed 07/03/13 Pg 1 of 7 Pg ID 126 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL BUSSARD, v. Plaintiff, SHERMETA, ADAMS AND VON ALLMEN,

More information

2:06-cv-14172-SFC-WC Doc # 13 Filed 01/29/07 Pg 1 of 6 Pg ID 55 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:06-cv-14172-SFC-WC Doc # 13 Filed 01/29/07 Pg 1 of 6 Pg ID 55 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: NORMAN R. HUGHES, Petitioner / Appellant v. Case No. 06-14172

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA. GUIDELINES FOR PAYMENT OF ATTORNEYS' FEES IN CHAPTER 13 CASES (Effective July 1, 2003)

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA GUIDELINES FOR PAYMENT OF ATTORNEYS' FEES IN CHAPTER 13 CASES (Effective July 1, 2003 The following are Guidelines for the circumstances under

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No.

Entered: July 31, 2013 Case 13-00202 Doc 20 Filed 07/31/13 Page 1 of 10 Date signed July 31, 2013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT In Re: Fely Sison Tanamor

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO ) ) ) ) ) MEMORANDUM OF OPINION 1

The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically on January 28, 2009, which

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-3272. In re: JOHN W. HOWARD, Debtor. ROBERT O. LAMPL, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-3272 In re: JOHN W. HOWARD, Debtor NOT PRECEDENTIAL ROBERT O. LAMPL, Appellant VANASKIE, Circuit Judge. On Appeal from the United States District

More information

Case 13-04639-8-RDD Doc 68 Filed 11/04/13 Entered 11/04/13 16:14:55 Page 1 of 7

Case 13-04639-8-RDD Doc 68 Filed 11/04/13 Entered 11/04/13 16:14:55 Page 1 of 7 SO ORDERED. SIGNED this 4 day of November, 2013. Randy D. Doub United States Bankruptcy Judge IN THE UNITED STATES BANKRUPTCY

More information

Case 2:06-cv-13665-MOB-VMM Document 9 Filed 03/02/2007 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:06-cv-13665-MOB-VMM Document 9 Filed 03/02/2007 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: CARLA CRAIG-LIKELY, Debtor, / CARLA CRAIG-LIKELY, v.

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:06-cv-13589-GER-PJK Doc # 16 Filed 08/31/09 Pg 1 of 14 Pg ID 189 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: DOUGLAS P. RUSSELL and TRACY E. RUSSELL, Case No. 06-13589

More information

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT

BAP Appeal No. 05-36 Docket No. 29 Filed: 01/20/2006 Page: 1 of 7 UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT IN RE RICHARD A. FORD and TONDA L. FORD, also known as Tonda Yung, Debtors.

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TENNESSEE. IN RE: * * APPALACHIAN OIL COMPANY, INC. * CASE NO. 2:09-bk-50259 * Chapter 11 Debtor *

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TENNESSEE IN RE: * * APPALACHIAN OIL COMPANY, INC. * CASE NO. 2:09-bk-50259 * Chapter 11 Debtor * OBJECTIONS TO FIRST INTERIM APPLICATION OF PROTIVTI

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION. v. AP No. 08-70044 MEMORANDUM OF DECISION

Document Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION IN RE: DENISE L. EVANS, Case No. 08-71204-CMS-07 Debtor. PREMIER SELF STORAGE, LLC., Plaintiff,

More information

This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio.

This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio. IT IS SO ORDERED. Dated: March 09, 2007 UNITED STATES BANKRUPTCY COURT

More information

Case 1-05-27415-jbr Doc 28 Filed 01/26/10 Entered 01/26/10 12:48:16

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x In re: Case No.: 1-05-27415-dem YVETTE ACEVEDO, Chapter 7 Debtor. -------------------------------------------------------x

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ORDER

Case 4:02-cv-00066-HL Document 136 Filed 02/10/09 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION UNITED STATES OF AMERICA : ex rel. GLENN F. NICHOLS

More information

Attorneys for Plaintiff One Lincoln Center Syracuse, New York 13202 MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------------------------------- IN RE: MICHAEL A. LEMON CASE NO. 99-60083 LYNN M. LEMON Chapter 13 Debtors -----------------------------------------------------------

More information

United States Court of Appeals

In the United States Court of Appeals For the Seventh Circuit No. 07-3834 JEFFBOAT, LLC and SIGNAL MUTUAL INDEMNITY ASSOCIATION, LTD., v. Petitioners, DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS

More information

Case 15-01019-jal Doc 14 Filed 11/20/15 Entered 11/20/15 15:20:55 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

Case 15-01019-jal Doc 14 Filed 11/20/15 Entered 11/20/15 15:20:55 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY IN RE: TIMOTHY SCOTT STURGEON CASE NO. 15-10309 (1(7 Debtor(s

More information

Case 5:10-cv-00206-MTT Document 18 Filed 02/10/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION

Case 5:10-cv-00206-MTT Document 18 Filed 02/10/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION SARAH M. STALVEY, Plaintiff, v. CIVIL ACTION NO. 5:10-CV-206

More information

Statement of Jurisdiction. Central District of California dismissing the Debtors chapter 13 case. The Bankruptcy

1 1 1 1 1 1 1 1 0 1 CALIFORNIA BANKRUPTCY GROUP JOHN F. BRADY & ASSOCIATES, APLC JOHN F. BRADY, ESQ., State Bar #00 ANIKA RENAUD-KIM, ESQ., State Bar #0 1 West C Street, Suite 0 San Diego, CA 1 Tel: (1-1

More information

LOCAL BANKRUPTCY FORM 2016-2(a) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

LOCAL BANKRUPTCY FORM 2016-2(a) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 : : CASE NO. - -bk- : : Debtor(s) : RIGHTS AND RESPONSIBILITIES AGREEMENT

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF WISCONSIN. In re: Case No. 98-21027 MILWAUKEE ENGRAVING CO., INC., Chapter 11 Debtor.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF WISCONSIN In re: Case No. 98-21027 MILWAUKEE ENGRAVING CO., INC., Chapter 11 Debtor. MEMORANDUM DECISION ON THE MOTION OF MAIER McILNAY & KERKMAN, LTD.

More information

Case 2:13-cv-00179-JWS Document 33 Filed 06/24/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:13-cv-00179-JWS Document 33 Filed 06/24/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: BATAA/KIERLAND LLC, Debtor. Case No. 2:13-cv-00179-PHX-JWS MEMORANDUM

More information

Case Law on Trustee Compensation Continues to Evolve After BAPCPA by

Case Law on Trustee Compensation Continues to Evolve After BAPCPA by Doreen Solomon, Assistant Director Carrie Weinfeld, Trial Attorney Office of Review and Oversight Before the enactment of the Bankruptcy

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CV-1074. Appeal from the Superior Court of the District of Columbia (CAB-1922-12)

Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

Case 11-13028 Doc 701 Filed 01/26/15 Entered 01/26/15 15:43:47 Main Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA

Page 1 of 9 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: CASE NO. VIRGIN OFFSHORE U.S.A., INC 11-13028 SECTION A DEBTORS CHAPTER 11 OPINION The hearing on the Third and Final Application

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO IN RE: ) ADMINISTRATIVE ORDER NO. 07-2 ) ADMINISTRATION OF ) JUDGE RANDOLPH BAXTER CHAPTER 13 CASES IN ) JUDGE PAT E. MORGENSTERN-CLARREN

More information

11 U.S.C. 109(e) Liquidated Debt Non-contingent debt. 7/24/95 PSH Unpublished

11 U.S.C. 109(e) Liquidated Debt Non-contingent debt In re Ronald L. and Linda E. Sailstad Case No. 395-30591-psh13 7/24/95 PSH Unpublished The debtors filed a chapter 13 petition in which they listed

More information

F I L E D August 5, 2013

Case: 12-60648 Document: 00512331827 Page: 1 Date Filed: 08/05/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 5, 2013 Lyle

More information

Is Your Retainer Safe?: How In re Two Gales Ensures that Bankruptcy Professionals Keep their Retainer Fees. Jonathan Abramovitz, J.D.

2012 Volume IV No. 1 Is Your Retainer Safe?: How In re Two Gales Ensures that Bankruptcy Professionals Keep their Retainer Fees Jonathan Abramovitz, J.D. Candidate 2013 Cite as: Is Your Retainer Safe?:

More information

United States Court of Appeals

In the United States Court of Appeals For the Seventh Circuit No. 14-2052 IN RE: EDWARD J. PAJIAN, Debtor-Appellant. Appeal from the United States Bankruptcy Court for the Northern District of Illinois,

More information

United States Bankruptcy Court Eastern District of Michigan Southern Division

United States Bankruptcy Court Eastern District of Michigan Southern Division In re: Gary and Kathryn Tenaglia, Case No. 05-40185 Debtors. Chapter 7 / Community Central Bank, Plaintiff, Adv. Pro. 05-4895

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case :-cv-000-l-blm Document 0 Filed 0 Page of 0 0 IN RE: ELEAZAR SALAZAR, Debtor, U.S. BANK NATIONAL ASSOCIATION, v. ELEAZAR SALAZAR, Appellant, Appellee. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, PORFILIO, and MATHESON, Circuit Judges.

In re: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 16, 2014 Elisabeth A. Shumaker Clerk of Court LAWRENCE A. BROCK; DIANE MELREE BROCK,

More information

Opinion Designated for Electronic Use, But Not for Print Publication IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS

SO ORDERED. SIGNED this 02 day of October, 2007. Dale L. Somers UNITED STATES BANKRUPTCY JUDGE Opinion Designated for Electronic Use, But Not for Print Publication IN THE UNITED STATES BANKRUPTCY COURT

More information

14-10325-smb Doc 58 Filed 03/11/14 Entered 03/11/14 18:05:39 Main Document Pg 1 of 6

14-10325-smb Doc 58 Filed 03/11/14 Entered 03/11/14 18:05:39 Main Document Pg 1 of 6 PORZIO, BROMBERG & NEWMAN, P.C. 156 West 56 th St. New York, NY 10019 (212) 265-6888 Telephone (212) 957-3983 Facsimile

More information

UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT

Page 1 of 7 FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT BAP NO. MW 12-029 Bankruptcy Case No. 10-45408-HJB KEVIN W. LITTLE and MELISSA A LITTLE, a/k/a Melissa A. Boudreau,

More information

EXHIBIT A TO ADMINISTRATIVE ORDER 07-2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO

EXHIBIT A TO ADMINISTRATIVE ORDER 07-2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In Re: ) Chapter 13 Case No. ) ) Bankruptcy Judge Debtor(s) ) RIGHTS AND RESPONSIBILITIES

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Main Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: ) ) Citation Corporation, et al., ) Case No. 04-08130-TOM-11 ) Chapter 11 Debtors. ) Jointly

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In Re: Jason D. Misleh, Case Number: 15-41721 Debtor. Chapter 13 Honorable Mark A. Randon / I. INTRODUCTION OPINION AND ORDER

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) Chapter 7 Liquidation ) marchfirst, INC., et al., ) CASE NO. 01 B 24742 ) (Substantively Consolidated)

More information

Case 13-09004-CL7 Filed 11/06/13 Entered 11/06/13 16:38:19 Doc 66 Pg. 1 of 6

Case 13-09004-CL7 Filed 11/06/13 Entered 11/06/13 16:38:19 Doc 66 Pg. 1 of 6 November 6, 2013 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West 'F' Street, San Diego, California 92101-6991

More information

United States Bankruptcy Court Central District of California

6:12-15990 #51.00 Confirmation of Plan Also #15 EH Docket #: Tentative Ruling: On March 9, 2012, Debtors filed a voluntary Petition. On the same day, Debtors filed their Plan (the Plan ). The Plan included

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit WILLIAM MOSHER; LYNN MOSHER, Plaintiffs - Appellants, FOR THE TENTH CIRCUIT November 19, 2014 Elisabeth A. Shumaker Clerk

More information

United States Court of Appeals

In the United States Court of Appeals No. 13-1186 For the Seventh Circuit IN RE: JAMES G. HERMAN, Debtor-Appellee. APPEAL OF: JOHN P. MILLER Appeal from the United States District Court for the Northern

More information

Augustine, FL not in Debtors' personal name. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In re: Case No. 3:08-bk-1882-PMG Chapter 13 RAY KEMP STANSBURY and JENNIFER L. STANSBURY, Debtors. / ORDER ON DEBTORS' OBJECTION

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:10-bk-02805-PMG Doc 660 Filed 04/25/11 Page 1 of 5 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In re: LYDIA CLADEK, INC., Debtor. / CASE NO. : 03:10-bk-02805-PMG

More information

UNITED STATES BANKRUPTCY APPELLATE PANEL

FILED DEC 1 01 1 1 1 1 1 1 1 1 0 1 UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT In re: ) BAP No. EC-1-1-KiPaJu ) RAJ KAMAL

More information

United States Court of Appeals

In the United States Court of Appeals For the Seventh Circuit No. 14-2423 IN RE: SWEPORTS, LTD., Debtor-Appellee. APPEAL OF: MUCH SHELIST, P.C., et al., Creditors-Appellants. Appeal from the United States

Chapter 13 Bankruptcy Forms Free

More information

2:10-cv-12479-PDB-MAR Doc # 8 Filed 02/24/11 Pg 1 of 7 Pg ID 30 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:10-cv-12479-PDB-MAR Doc # 8 Filed 02/24/11 Pg 1 of 7 Pg ID 30 JOHN HETT Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Case No. 10-cv-12479 Paul D. Borman United

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) SIMMONS V. PRECAST HAULERS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT

More information

Short. Home mortgage lenders have

Short Home mortgage lenders have long enjoyed favorable treatment under the Bankruptcy Code. 11 U.S.C. 101 1440 (2000). In a delicate balancing act to protect consumers, Congress excepted home mortgages

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA. The attached decision, filed in In re Weatherspoon, Case No.

Entered on Docket January, 1 In re: DAVID ALLEN PERMAN and MARY DEE PERMAN, UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Debtors. Case No. -1-BDL NOTICE OF MEMORANDUM DECISION

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case: 15-50455 Document: 00513327899 Page: 1 Date Filed: 01/04/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar In the Matter of: CAVU/ROCK PROPERTIES PROJECT I, L.L.C

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION MEMORANDUM-OPINION

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION IN RE: DEWAYNE ANTHONY POYNTER CASE NO.: 10-11608(1)(7) Debtor GREAT AMERICAN INSURANCE AP NO.: 11-1003 COMPANY Plaintiff

More information

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6 SO ORDERED. SIGNED this 24 day of August, 2006. A. Thomas Small United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT

More information

Case 10-32200 Document 33 Filed in TXSB on 04/21/10 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

Case 10-32200 Document 33 Filed in TXSB on 04/21/10 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERED 04/21/2010 ) IN RE ) ) SOUTHWEST GUARANTY,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case: 15-10426 Document: 00513359912 Page: 1 Date Filed: 01/28/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CYNTHIA TREVINO GARZA, Summary Calendar United States Court of Appeals Fifth

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION. In re: Case No. 11-11805 Kelly Deon Savell Chapter 13 Debtor

SO ORDERED. DONE and SIGNED September 19, 2014. JEFFREY P. NORMAN UNITED STATES BANKRUPTCY JUDGE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION In re: Case No. 11-11805

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION SALLIEMAE SERVICING, ET AL., CIVIL ACTION NO. 3:01CV00066 Appellants, v. OPINION CHRISTOPHER P. BANKS,

More information

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION ORDER

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION IN RE: TANYA D. CARTER, Debtor TANYA D. CARTER No. 4:14-bk-10252 Ch. 13 PLAINTIFF vs. 4:15-ap-1016 CHARLES MARTIN

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS

02/03/04 rev. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS (Model Retention Agreement) Chapter 13 gives

More information

Appellate Case: 11-1373 Document: 01018764622 Date Filed: UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT *

Appellate Case: 11-1373 Document: 01018764622 Date Filed: FILED United 12/20/2011 States Court Page: of Appeals 1 Tenth Circuit UNITED STATES COURT OF APPEALS December 20, 2011 TENTH CIRCUIT Elisabeth

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. The memorandum disposition filed on May 19, 2016, is hereby amended.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED JUN 30 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS THE TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, v. Plaintiff - Appellant,

More information

Case 2:13-bk-26483-NB Doc 932 Filed 04/06/15 Entered 04/06/15 16:41:12 Desc Main Document Page 1 of 8

Case :-bk--nb Doc Filed 0/0/ Entered 0/0/ :: Desc Main Document Page of FILED & ENTERED APR 0 CLERK U.S. BANKRUPTCY COURT Central District of California BY sumlin DEPUTY CLERK 0 In re: SAEED COHEN, Debtor.

More information

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION

Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION In re: } TERESA STRICKLAND, } CASE NO. 09-41624 } Debtor. } CHAPTER: 13 } OPINION ON TRUSTEE S

More information

Case 09-21945 Doc 2090 Filed 05/14/12 Entered 05/14/12 16:36:14 Desc Main Document Page 1 of 7

Document Page 1 of 7 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS In re ROBERT N. LUPO, Chapter 7 Debtor Case No. 09-21945-JNF ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com

More information

Case 4:04-cv-03526 Document 84 Filed in TXSD on 02/02/06 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:04-cv-03526 Document 84 Filed in TXSD on 02/02/06 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ALEXANDER WARDLAW, Plaintiff, v. CIVIL ACTION NO. H-04-3526

More information

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 19 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, v. Plaintiff

More information

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Debtors. No. 09-2238

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit April 12, 2011 Elisabeth A. Shumaker Clerk of Court RONALD HUGH STANDIFERD; BETTY ANN STANDIFERD,

More information

CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Timothy D. Moratzka, Civil No. 05-809 (DWF) Appellant, v. Senior Cottages of America, LLC,

More information

ORDERED in the Southern District of Florida on April 13, 2012.

Case 11-35116-AJC Doc 68 Filed 04/13/12 Page 1 of 5 ORDERED in the Southern District of Florida on April 13, 2012. A. Jay Cristol, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN

More information

Residential Mortgage Lender/Servicer Claim Abuse

Residential Mortgage Lender/Servicer Claim Abuse By Patrick M. Mosley, Esq. Law Clerk to Hon. Catherine Peek McEwen Representative Cases I. In re Stewart, 391 B.R. 327 (Bankr. E.D. La. 2008): Debtor filed

More information

UNITED STATES BANKRUPTCY COCRT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Pursuant to a family court order, William Benjamin

FOR PUBLICATION ENTERED 'a&- os FILED AUG 2 6 2005 CLERK, U.S. BANKRUPTCY COURT SOUTHERN DlSTRl OF CALIFORNIA BY /t3 DEPUTY UNITED STATES BANKRUPTCY COCRT SOUTHERN DISTRICT OF CALIFORNIA In re Case No.

More information

Argued and Submitted on June 24, 2004. Filed Sept. 30, 2004.

United States Bankruptcy Appellate Panel of the Ninth Circuit. In re Michael D. KAMAI and Gina Kamai, Debtors. Michael D. Kamai; Gina Kamai; Appellants, v. Long Beach Mortgage Co.; Kathleen A. McDonald,

More information

Lien Stripping in Consumer Bankruptcy Bringing or Defending Actions to Avoid Junior Mortgage Liens in Chapter 13 Filings

Presenting a live 90 minute webinar with interactive Q&A Lien Stripping in Consumer Bankruptcy Bringing or Defending Actions to Avoid Junior Mortgage Liens in Chapter 13 Filings TUESDAY, JANUARY 24, 2012

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Opinion filed February 12, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D12-2622 Lower Tribunal No. 11-10021 Fernando Montes

More information

Free Bankruptcy Forms Chapter 7

NACTT ACADEMY TOOLBOX. A QUICK REFERENCE GUIDE to Selling Property While in Chapter 13 *

I. SUMMARY: NACTT ACADEMY TOOLBOX A QUICK REFERENCE GUIDE to Selling Property While in Chapter 13 * Beverly M. Burden, Chapter 13 Trustee, Lexington, KY Before a consumer debtor in chapter 13 may sell

More information

NOTICE TO CLIENTS WHO CONTEMPLATE FILING BANKRUPTCY

NOTICE TO CLIENTS WHO CONTEMPLATE FILING BANKRUPTCY The purpose of this Notice and The Statement Mandated by Section 527(b) of the Bankruptcy Code, which you have been provided as a separate document are

More information

Case 08-44196 Doc 24 Filed 09/29/08 Entered 09/29/08 12:45:13 Main Document Pg 1 of 10

Pg 1 of 10 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: ) ) DENNIS L. MIERKOWSKI and ) Case No. 08-44196-399 REBECCA J. MIERKOWSKI, ) Chapter 13 ) Debtors. ) OPINION

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

SO ORDERED. SIGNED this 15 day of March, 2013. James D. Walker, Jr. United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION IN RE: ) CHAPTER 7 ) CASE NO.

More information

Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ATEL MARITIME INVESTORS, LP, et al. CIVIL ACTION VERSUS CASE NO. 08-1700 SEA

Chapter 13 Bankruptcy Calculator

More information

Payment System Override Deems Transaction Not Ordinary

Payment System Override Deems Transaction Not Ordinary Ames Merchandising Corp. v. Cellmark Paper Inc. (In re Ames Dept. Stores, Inc.), 2011 Bankr. LEXIS 969 (Bankr. S.D.N.Y. Mar. 28, 2011) In Ames Merchandising

More information

Nuts and Bolts of Corporate Bankruptcy 2015. Introduction. Introduction (Cont'd) 12/10/2015. Basic Ethical Considerations in Bankruptcy

Nuts and Bolts of Corporate Bankruptcy 2015 Basic Ethical Considerations in Bankruptcy Presented by Howard J. Weg Hon. Martin Glenn December 15, 2015 Introduction Employment of Trustees and Professionals

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-01170-COA

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-01170-COA JAY FOSTER APPELLANT v. PAUL KOTSAKOS APPELLEE DATE OF JUDGMENT: 06/14/2013 TRIAL JUDGE: HON. JAMES B. PERSONS COURT FROM WHICH

More information

IN THE COURT OF APPEALS OF INDIANA

FOR PUBLICATION ATTORNEY FOR APPELLANT: THOMAS B. O FARRELL McClure & O Farrell, P.C. Westfield, Indiana IN THE COURT OF APPEALS OF INDIANA ALFRED McCLURE, Appellant-Defendant, vs. No. 86A03-0801-CV-38

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION (DETROIT) In re: Chapter 13 Della Chubb, Case No. 09-60618 Debtor.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION (DETROIT) In re: Chapter 13 Della Chubb, Case No. 09-60618 Debtor. / Hon. Phillip J. Shefferly OPINION (1) DENYING TRUSTEE

More information

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY 6 Nevada Lawyer March 2014 Where to Look BY CANDACE C. CARLYON, ESQ. AND ADAM BOWLER, ESQ. A great starting point in a search for bankruptcy information

More information

Plaintiffs, V. AP #01-2104. Defendants. BACKGROUND. On May 17, 2001, Penny R. Nunn (the Debtor ) filed a

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK In re: PENNY R. NUNN, CASE NO. 01-21920 Debtors. DECISION & ORDER PENNY R. NUNN, IMC MORTGAGE COMPANY, Plaintiffs, V. AP #01-2104 Defendants.

More information

: In re: : : Chapter 13 MICHAEL D. CARLIN, : : Case No. 11-11784 (ALG) : Debtor. : :

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : In re: : : Chapter 13 MICHAEL D. CARLIN, : : Case No. 11-11784 (ALG) : Debtor. : : APPEARANCES: DECISION DENYING DEBTOR S MOTION FOR A DISCHARGE

Examples Of Completed Bankruptcy Forms

More information

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT* Before PHILLIPS, McKAY, and ANDERSON, Circuit Judges.

FRANK DONALD WILLIAMS; DANIEL LARRY; DANIEL LABATO; JOSEPH STONE; STEPHANIE SLATER, Plaintiffs-Appellants, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT

More information

Case: 04-16887 Doc #: 122 Filed: 10/14/2008 Page 1 of 9 OPINION DESIGNATED FOR ON - LINE PUBLICATION BUT NOT PRINT PUBLICATION

Case: 04-16887 Doc #: 122 Filed: 10/14/2008 Page 1 of 9 SO ORDERED. SIGNED this 14 day of October, 2008. ROBERT E. NUGENT UNITED STATES CHIEF BANKRUPTCY JUDGE OPINION DESIGNATED FOR ON - LINE PUBLICATION

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS WESTERN DIVISION

Document Page 1 of 10 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS WESTERN DIVISION In re: Chapter 7 THOMAS J. FLANNERY, Case No. 12-31023-HJB HOLLIE L. FLANNERY, Debtors JOSEPH B. COLLINS,

More information

2:11-cv-15279-RHC-MAR Doc # 10 Filed 09/29/12 Pg 1 of 5 Pg ID 313 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:11-cv-15279-RHC-MAR Doc # 10 Filed 09/29/12 Pg 1 of 5 Pg ID 313 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN RE: NEHYA AHMED, Debtor. / NEHYA AHMED Appellant,

More information

THE UTAH COURT OF APPEALS

2014 UT App 187 THE UTAH COURT OF APPEALS LARRY MYLER, Plaintiff and Appellant, v. BLACKSTONE FINANCIAL GROUP BUSINESS TRUST, Defendant and Appellee. Opinion No. 20130246-CA Filed August 7, 2014 Third

More information

: BANKRUPTCY NO. 09-12649-MDC. Before this Court for consideration is the Standing Chapter 13 Trustee s (the Trustee ) objection

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 ROBERT EDWARD GRAVES AND MARY LOU GRAVES, DEBTORS. : : BANKRUPTCY NO. 09-12649-MDC MEMORANDUM BY: MAGDELINE

More information

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: RICHARD B. BRADLEY GLENDA S. BRADLEY, Debtors. Case No. 13-01390 ORDER DENYING TRUSTEE S MOTION TO DISMISS CHAPTER 7

Chapter 13 Bankruptcy Forms Download

More information