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Summary: 187 B.R. 395 (1995) In the Matter of Arthur JAMES, Gwenivear James, Debtors. Arthur and Gwenivear James (hereinafter "the Debtors") have opposed this Motion, arguing that no cause exists for granting Stern this type of extension. See Sherf, 135 B.R. at 815; Knobel, 54 B.R. at 460; Sturgis, 46 B.R. at 362. Schunck v. Santos (In re Santos), 112 B.R. 1001, 1007 (B.A.P. 9th Cir.1990); Wenhope Ass'n v. Plantation Manor Restaurant of Houma (In re Plantation Manor Restaurant of Houma), 45 B.R. 229, 232......read more.


Summary: 169 B.R. 994 (1994) In re FIVE STAR PARTNERS, L.P., Debtor. FIVE STAR PARTNERS, L.P., Plaintiff, v. VINCENT NETHERLANDS PROPERTIES, B.V., Defendant. Vincent Netherlands Properties, B.V., a corporation organized under the laws of The Netherlands, (the "Defendant") holds by assignment a security deed on real property owned by Five Star Partners, L.P. (the "Plaintiff" or "Debtor") to secure a debt owed to the Defendant. When the Debtor filed this case, the Defendant had yet to comply with reporting......read more.


Summary: 100 B.R. 115 (1989) In the Matter of Ronald M. OVETSKY, Debtor. The matter is before the Court on cross motions for summary judgment on the Debtor's objection to Timson's proof of claim. See "Debtor's Brief in Opposition to Plaintiff's Motion for Summary Judgment on Debtor's Objection to Creditor's Claim" at 3. Section 502(b)(1) provides that the Court shall allow a claim "except to the extent that—(1) such claim is unenforceable against the debtor and property of the debtor, under any agreement......read more.


Summary: 236 B.R. 495 (1999) In re Michael W.J. WHELAN, Debtor. Sterling Factors, Inc., Plaintiff, v. Michael W.J. Whelan, Defendant. Plaintiff Sterling Factors, Inc. ("Sterling Factors") filed adversary proceedings against Michael Whelan and Edward Schaner, asking the Court to determine that a default judgment obtained by Sterling Factors in the Superior Court of DeKalb County is non-dischargeable pursuant to 11 U.S.C. §§ 523(a)(2), (a)(4) and (a)(6). The judgment obtained by Sterling Factors is in the ......read more.


Summary: 337 B.R. 716 (2005) In the Matter of ALLIED HOLDINGS, INC. and Related Debtors, Debtors. The Official Committee of Unsecured Creditors, as well the Debtors' post-petition lenders, support the Debtors' Motion, while the Teamsters National Automobile Transportation Industry Negotiating Committee (hereinafter the "Teamsters Committee") and the Office of the United States Trustee oppose the Motion. Under the KERP, an employee would be considered to have resigned with good reason if: (1) his or her s......read more.


Summary: 206 B.R. 264 (1997) In re Michael Gene GOSSMAN, Debtor. Michael Gene GOSSMAN, Plaintiff, v. UNITED STATES of America, Defendant. Before the court is a motion by Defendant United States of America, by and through the Internal Revenue Service ("IRS"), for dismissal, or alternatively, abstention, of count two of Plaintiff-Debtor's complaint which seeks a determination of certain tax liabilities. The power of a bankruptcy court to determine a debtor's tax liability under Section 505 is discretionary......read more.


Summary: 38 B.R. 681 (1984) In re Janice P. REESE, f/k/a Janice P. Whitehead, f/k/a Janice Lynn Pritchett, Debtor. This case is before the Court on the motion by the debtor, Janice P. Reese, (hereinafter referred to as the "Debtor"), to compel the release of college transcripts by the University of Georgia, Athens, Georgia. In re Estus, 695 F.2d 311 (8th Cir.1982) (Chapter 13 plan proposed in good faith despite provision for zero payments to unsecured creditors, including the holder of a note for a stude......read more.


Summary: 297 B.R. 299 (2003) In re ATLANTA RETAIL, INC., f/k/a Wolf Camera, Inc., et al. Atlanta Retail, Inc., f/k/a Wolf Camera, Inc. Atlanta Retail Subsidiary, LLC f/k/a WolfXpress.com, LLC, Atlanta Retail, L/P/ f/k/a Texas Photo Finish, L.P., and Atlanta Retail Partner, Inc., f/k/a Fox Photo Partner, Inc. and Wachovia Bank, National Association, Plaintiffs, v. Eastman Kodak Company, Defendant. The Motion was filed by Atlanta Retail, Inc., f/k/a Wolf Camera, Inc., et al. ("Wolf Camera" or the "Debtors"......read more.


Summary: 370 B.R. 426 (2007) In re Temidayo AJAKA, Debtor. Specifically, if a debtor had one prior case pending within the preceding twelve months, § 362(c)(3) provides; (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case; *428 (B) on the motion of a party in interest for continuation of the automatic stay and upon ......read more.


Summary: 29 B.R. 328 (1983) In re Scott A. WALSEY, Debtor. This matter is before the court upon the Chapter 13 debtor's objection to the claim of Fireman's Fund Insurance Company ("Fireman's Fund") on the grounds that the debt was incurred by the corporation in which the debtor is an officer. On February 16, 1979, a Retailers and Consumption on Premises Liquor License Performance and Tax Liability Bond was issued to Scott A. Walsey, Franklin B. Trell and Raymond Majewski as principals, d/b/a The Pier, In......read more.


Summary: 357 B.R. 883 (2006) In re CLIFTONDALE OAKS, LLC, Debtor. Cliftondale Oaks, LLC, Movant, v. Silver Lake Enterprises, LLC, Respondent. *884 Gary A. Barnes, Gambrell & Stolz, LLP, Atlanta, GA, for Cliftondale Oaks, LLC, Debtor. Second, the Debtor asserts that the payment of default interest and late charges would be inequitable to the Debtor's other equity holders because the payment of these amounts would disproportionately benefit an insider, Tran, who the Debtor alleges acted unfairly by causing......read more.


Summary: 325 B.R. 918 (2005) UNITED STATES of America, Plaintiff, v. James W. WHITE, Defendant. Smith v. United States, 894 F.2d 1549, 1553 (11th Cir.1990). Defendant reiterates that the government's claim is time barred, the government's own evidence reveals that defendant does not owe taxes, and that the government has failed to carry its burden of proving that defendant willfully failed to pay the alleged debt. See 11 U.S.C. § 362(a); Bronson v. United States, 46 F.3d 1573, 1577 (Fed.Cir.1995) ("Once ......read more.


Summary: 456 B.R. 597 (2011) In re SISKEY HAULING COMPANY, INC., Debtor. Jeffrey K. Kerr, Chapter 7 Trustee, Plaintiff, v. Commercial Credit Group, Inc., Siskey & Sons Hauling Company, Atlanta Fuel Company, And Fleetone Factoring, LLC, Defendants. Siskey Hauling Company, Inc. ("Debtor") operated as a trucker and carrier in Georgia and other parts of the Southeast. [1] Under this agreement, Debtor granted Maple a security interest in the form of a lien on Debtor's accounts receivable, and Maple filed a UC......read more.


Summary: 164 B.R. 382 (1994) In the Matter of Ralph M. ROGERS, Debtor. Ralph M. ROGERS, Plaintiff, v. Sara Jane OVERSTREET and Alan Connell, Attorney, Defendants. In the Matter of Ralph M. ROGERS, Debtor. Ralph M. ROGERS, Plaintiff, v. Sara Jane OVERSTREET, Defendant. *383 *384 Ralph M. Rogers, pro se. This matter comes before the Court on the three adversary proceedings commenced by Ralph M. Rogers (hereinafter "Debtor") against Sara Jane Overstreet and Alan W. Connell (collectively hereinafter "Defenda......read more.


Summary: 147 B.R. 1015 (1992) In re Joseph Michael BRIGLEVICH, Debtor. Paul H. ANDERSON, Jr., Trustee, Plaintiff, v. Joseph Michael BRIGLEVICH, Rose Briglevich, Ana Vlahinich, George Briglevich, John Briglevich, and Steve Briglevich, Defendants. Defendant Joseph Michael Briglevich is the debtor. At the time debtor filed this bankruptcy case, debtor was married to defendant Rose Briglevich. Defendant Ana Vlahinich is Rose Briglevich's mother, and defendants George, John and Steve Briglevich are the childr......read more.


Summary: 250 B.R. 147 (2000) In re Malcolm P. DULOCK, Debtor. Laura Hunerwadel, f/k/a Laura H. Dulock, Plaintiff, v. Malcolm P. Dulock, Defendant. This matter is before the Court on a motion for summary judgment filed by defendant Malcolm P. Dulock (the "debtor"). On May 11, 2000, plaintiff filed a supplemental response to debtor's statement of material facts. The debtor, Dr. Malcolm P. Dulock, is a 57-year-old doctor. Section 727(a)(2) provides: The court shall grant the debtor a discharge, unless — . .......read more.


Summary: 59 B.R. 460 (1985) In re Kathleen W. ENGLISH and Leslie Foy English, d/b/a English Enterprises. Kathleen W. ENGLISH and Leslie Foy English, d/b/a English Enterprises, Plaintiffs, v. Ina C. DAVIS and John T. Davis, Sr., Defendants. The defendants have filed the present motion to dismiss the adversary proceeding for lack of subject matter jurisdiction, asserting that the exercise of jurisdiction by a non-Article III bankruptcy judge would run counter to the ruling of the Supreme Court of the Unite......read more.


Summary: 417 B.R. 826 (2009) In the Matter of Vaughn DABNEY, Debtor. The Chapter 13 Trustee contends that the proposed compensation of the Debtor's attorney — payment of a flat fee of $3,500 for most services expected in this case — is not reasonable. [1] The "Contract for Legal Services for Representation in a Chapter 13 Bankruptcy" executed by the Debtor and his attorney reflects that the Debtor has agreed to pay Robert J. Semrad & Associates, LLC a "flat fee of $3,500 for representing [his] interest i......read more.


Summary: 40 B.R. 186 (1984) In re Morrison Jarrell SIMMS, Debtor. This case is before the Court on the objections by the debtor, Morrison Jarrell Simms ("Debtor"), to Claim No. 5 and Supplemental Claim No. 9 filed by the Internal Revenue Service ("IRS"). The Debtor does not contest the priority status of the IRS claim in the amount of $5,055.09, which represents the Debtor's federal income tax liability for the years 1978, 1979 and 1980, should the Court allow the untimely filing of Supplemental Claim No......read more.


Summary: 288 B.R. 155 (2002) In re Bryant Y. LIU, Debtor. C. David Butler, United States Trustee, Plaintiff, v. Bryant Y. Liu, Defendant. Defendant Bryant Liu ("defendant" or "Mr. Liu") asserts that the undisputed facts do not support plaintiff's claims and that plaintiff's allegations are not sufficient to support a denial of discharge under 11 U.S.C. § 727. § 727(a)(2)(A) provides that: (a) The court shall grant the debtor a discharge, unless — . . . (2) the debtor, with intent to hinder, delay, or def......read more.