Clear

283 search results for query *


Summary: 405 B.R. 24 (2009) Ana Torres LOPEZ, Debtor. Ana Torres Lopez, Plaintiff-Appellant, v. Consejo de Titulares del Condominio Carolina Court Apartments, Defendant-Appellee. Ana Torres Lopez (the "Debtor") appeals from a bankruptcy court order (the "Order") determining the amount of her attorney's fees and costs awarded in connection with her successful litigation against Consejo de Titulares del Condominio Carolina Court Apartments ("Consejo") for violation of the automatic stay. The only justifica......read more.


Summary: 441 B.R. 173 (2011) Dora L. AJA, Debtor. Dora L. Aja, Appellant, v. John P. Fitzgerald, III, Acting United States Trustee, Appellee. *175 Dora L. Aja, Pro Se, on brief for Appellant. Dora L. Aja (the "Debtor") appeals from a ruling of the bankruptcy court denying her request for reconsideration of an order converting her case. In January 2010, the United States Trustee (the "U.S. Trustee") moved to convert the case to chapter 7 (the "Conversion Motion") on the grounds that the Debtor did not hav......read more.


Summary: 399 B.R. 717 (2009) Willie HAMILTON, Debtor. Willie Hamilton, Plaintiff-Appellant, v. Ralph Appolon, d/b/a Providence Financial Group, Providence Financial Group, Inc., and Epoch Realty, LLC, Defendants-Appellees. Candace Hamilton ("Hamilton"), administratrix of the late chapter 13 debtor Willie Hamilton (the "Debtor"), appeals the bankruptcy court's dismissal of the adversary proceeding the Debtor initiated against Ralph Appolon, d/b/a Providence Financial Group; Providence Financial Group, Inc......read more.


Summary: 17 B.R. 440 (1982) In re SEARLES CASTLE ENTERPRISES, INC., Debtor-Appellee. On March 6, 1981, Searles Castle Enterprises, Inc., the Appellee, filed a voluntary petition pursuant to Chapter 11 of the Bankruptcy Code. Appellant holds seventy-five percent of the stock in Searles Castle Enterprises, Inc.


Summary: 319 B.R. 27 (2004) Christopher A. GAVIN and Patricia A. Gavin, Debtors. Premier Capital, LLC, Appellant, v. Christopher A. Gavin, Appellee. This matter is before the Panel on appeal from an order of the bankruptcy court granting Christopher Gavin's (the "Debtor") motion under FRCP 52[1] and *29 dismissing the complaint[2] filed by Premier Capital, LLC ("Premier"), seeking a determination of dischargeability under 11 U.S.C. § 523(a)(2)(A).[3] The bankruptcy court's ruling was predicated on its fi......read more.


Summary: 210 B.R. 659 (1997) In re Martin LAUGHLIN and Sharon Laughlin. UNITED STATES of America, Appellant, v. Martin LAUGHLIN and Sharon Laughlin, Appellees. The United States of America appeals the bankruptcy court's March 21, 1997, order denying it relief from a September 27, 1996, order that granted the Chapter 7 trustee's motion to abate federal tax penalties assessed against the estate. The appeal poses the question whether the trustee's motion to abate tax penalties initiated a "contested matter"......read more.


Summary: 232 B.R. 529 (1999) In re INDEPENDENT ENGINEERING CO., INC. The Debtor's original attorney, Thomas Miller, ("Miller"), appeals from an order of the bankruptcy court vacating a prior order approving Miller's application to be employed as Debtor's counsel. In addition to vacating its prior order, the bankruptcy court disqualified Miller from serving as Debtor's counsel and required Miller to disgorge all retainers and fees and return them to the Debtor. On September 29, 1993, the Debtor, Independe......read more.


Summary: 29 B.R. 442 (1983) In re David C. LILLEY, Wilhelmina M. Lilley, Debtors-Appellants. The appellants, David C. and Wilhelmina M. Lilley, filed a motion to convert their Chapter 7 case to one under Chapter 13 of the Bankruptcy Code, and the motion was denied.


Summary: 370 B.R. 882 (2007) Edward R. SZWYD, Debtor. Jack E. Houghton, Jr., Chapter 7 Trustee, Appellant, v. Edward R. Szwyd, Appellee. The debtor, Edward R. Szwyd, was the sole trustee and sole beneficiary of the nominee trust holding legal title to his principal residence. In a well-written opinion, the bankruptcy court determined that: (a) the nominee trust had ceased to exist as a separate entity when the debtor became its sole trustee and sole beneficiary; (b) at that moment, all legal and equitabl......read more.


Summary: 221 B.R. 934 (1998) In re William ZEITLER. Leila ZEITLER, Plaintiff/Appellee, v. William ZEITLER, Defendant/Appellant. William Zeitler, Chapter 7 debtor, appeals entry of three unfavorable orders by the bankruptcy court flowing from his failure to appear at a pre-trial conference in an adversary proceeding brought by his former spouse, Leila Zeitler. [1] First, she asserted that William's reliance on Rule 55 was misplaced because that rule applies only to orders of default entered for pleading f......read more.


Summary: 393 B.R. 821 (2008) Richard A. REALE, Jr., Debtor. National appeals, principally asserting that the property it received from the chapter 7 debtor was not "an interest of the debtor in property" within the meaning of Bankruptcy Code § 547(b),[1] and, therefore, not a transfer avoidable by the trustee as a preference. We conclude that, because the debtor had, at minimum, an equitable interest in the property National received and that, because the property would have *824 been property of the cha......read more.


Summary: 401 B.R. 528 (2009) Joanne M. CUSHING, Debtor. United States of America, Appellant, v. Joanne M. Cushing, Appellee. The United States of America, on behalf of its agency, the Internal Revenue Service (the "IRS") appeals from an order of the bankruptcy court denying its motion to dismiss the chapter 13 petition of Joanne M. Cushing (the "Debtor"). In that motion, the IRS explained that because the Debtor had not filed a federal tax return for the year 2006 as of the date of the first meeting of c......read more.


Summary: 21 B.R. 701 (1982) In re Thomas E. BROWN, Debtor-Appellant. Thomas E. Brown, Debtor, appeals from the denial of his motion to dismiss the involuntary petition in bankruptcy brought against him on April 16, 1980 by Allen J. Hopkins, D.S. Woodbury Company, and Chinook Realty Trust pursuant to 11 U.S.C. § 303.


Summary: 418 B.R. 495 (2009) Robert G. PLOURDE and Debra A. Plourde, Debtors. Michael Askenaizer, the chapter 7 trustee, appeals the bankruptcy court's order allowing eCast Settlement Corporation's general unsecured claim, another credit card debt, in the amount of $6,309.75. Co.), 226 B.R. 724 (1st Cir. 28 U.S.C. § 158(a); Fleet Data Processing Corp. v. Branch (In re Bank of New England Corp.), 218 B.R. 643, 645 (1st Cir. See Orsini Santos v. Lugo Mender (In re Orsini Santos), 349 B.R. 762, 768 (1st Cir......read more.


Summary: 239 B.R. 635 (1999) In re EL SAN JUAN HOTEL CORP., Debtor. Carlos A. Quilichini, San Juan, PR, for Rodrigo O. Bigles. Luis M. Angelet Frau, Sergio A. Ramirez De Arellano, San Juan, PR, for appellees. [1] The tortuous history *639 of this case began on May 20, 1980 with the filing of a voluntary chapter 11 petition by the Debtor, El San Juan Hotel Corp. The Debtor operated one of the premier hotels in San Juan, El San Juan, which had been in financial difficulty for years and had run up some $40 ......read more.


Summary: 346 B.R. 561 (2006) In re Bonnie D. BURRELL, Debtor. Bonnie D. Burrell, Appellant, v. Town of Marion, Appellee. Bonnie D. Burrell n/k/a Bonnie Burrell van Stephoudt (the "Debtor") appeals from orders of the United State Bankruptcy Court for the District of Massachusetts (the "bankruptcy court"), dated October 21, 2005, denying a motion for summary judgment filed by the Debtor and granting ross-motion for summary judgment *564 filed by the Town of Marion (the "Town").At the time the Debtor filed ......read more.




Summary: 295 B.R. 166 (2003) Michael J. COLARUSSO and Mary Colarusso, Debtors. Mary M. Ragosa, Defendant/Appellant, v. Robert and Joan Canzano, Trustees of J & B Realty Trust, Plaintiffs/Appellees. Mary M. Ragosa appeals the July 16, 2002, order of the United States Bankruptcy Court for the District of Massachusetts denying her motion for summary judgment and granting the motion for summary judgment filed by Robert and Joan Canzano in their capacity as the Trustees of the J & B Realty Trust (the "Canzano......read more.


Summary: 332 B.R. 487 (2005) In re Donald J. WILDING, Debtor. The Debtor appeals from a bankruptcy court order (the "Order") denying the Debtor's motion to avoid a judicial lien held by CitiFinancial Consumer Financial Services, Inc. (the "Motion to Avoid Lien;" "CitiFinancial"). Relying on In re Mailhot, 301 B.R. 774 (Bankr.D.R.I.2003), and Culver LLC v. Chiu (In re Chiu), 304 F.3d 905 (9th Cir.2002), the Debtor argued that the only material question was whether the Debtor owned the property at the time......read more.


Summary: 253 B.R. 496 (2000) In re Eileen M. LaPOINTE, Debtor. National Loan Investors, LP, Plaintiff/Appellant, v. Eileen M. LaPointe and Robert F. LaPointe, Defendants/Appellees. George R. Desmond, Framingham, MA, on brief for the appellee Eileen M. LaPointe. Procedural Background National Loan Investors, LP ("NLI") appeals from an order by the bankruptcy court entering judgment in favor of the Debtor-Appellee, Eileen M. LaPointe ("LaPointe" or "Debtor"). After the Debtor filed a Chapter 13 bankruptcy ......read more.