Case AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Size: px
Start display at page:

Download "Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION"

Transcription

1 Case AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No.: BKC-AJC and FANNY SANCHEZ, Chapter 13 Debtors. / Donald F. Walton United States Trustee, Adv. No.: Plaintiff, vs. COUNTRYWIDE HOME LOANS, INC. Defendant. / COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for Region 21 (the United States Trustee ), by and through his duly authorized counsel, seeks injunctive relief and sanctions, pursuant to 11 U.S.C. 105(a) and this Court s inherent equitable powers, against Countrywide Home Loans, Inc. ( Countrywide ) for engaging in bad faith conduct that abused the judicial process. PARTIES 1. Donald F. Walton is the United States Trustee for Region U.S.C. 581(a)(21) and 585(a). 2. Countrywide is a corporation incorporated under the laws of the State of New York. It maintains its principal place of business in the State of California. Countrywide s agent for 1

2 Case AJC Document 1 Filed 03/01/2008 Page 2 of 12 service of process is the Prentice-Hall Corporation System, Inc., 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA JURISDICTION 3. The Court has jurisdiction over this lawsuit because it involves a core matter pursuant to 28 U.S.C and 28 U.S.C. 157(a), (b)(2)(a), (b)(2)(b), (b)(2)(g). 4. This adversary proceeding relates to In re Jose Sanchez and Fanny Sanchez, a chapter 13 case pending before the United States Bankruptcy Court for the Southern District of Florida, Miami Division, docketed as case number BKC-AJC. 5. Countrywide submitted itself to the jurisdiction of this Court when it filed a proof of claim in this case on or about February 19, 2002, which is docketed as claim number 3-1 (the Proof of Claim ). A true copy of the Proof of Claim is attached as Exhibit Venue for this matter is proper pursuant to 28 U.S.C FACTS A. Background 7. On November 19, 2001 (the Petition Date ), Jose Sanchez and Fanny Sanchez (collectively, the Sanchezes or the debtors ) filed a voluntary chapter 13 petition. 8. The Sanchezes filed an amended chapter 13 plan on or about January 17, 2002 (the Plan ), a true copy of which is attached as Exhibit Among other provisions, the Plan recited that the Debtors are stripping off the second mortgage of Countrywide Home Loans, Inc. Accordingly, pursuant to 11 U.S.C. 506(a) and Fed. R. Bankr. P. 3012, the Plan sought to value the collateral securing Countrywide s claim at zero. 2

3 Case AJC Document 1 Filed 03/01/2008 Page 3 of Countrywide did not file an objection to the Plan. 11. On January 17, 2002, the Court entered an order confirming the Plan. The confirmation order provided, among other terms, that [t]o the extent the Plan sought a determination of valuation pursuant to Bankruptcy Rule 3012, and no objections were filed or any objections were resolved, the terms of the Plan will be binding upon the affected secured creditors, and any allowed proof of claim will be secured only to the extent of the value as provided for in the Plan and unsecured as to the balance of the claim. Confirmation order at 8. A true copy of the confirmation order is attached as Exhibit On February 19, 2002, Countrywide filed its Proof of Claim. The Proof of Claim asserted a claim secured by real estate of $24,430.92, including an arrearage of $ Attached to the Proof of Claim was a copy of a home equity loan agreement dated April 2, 1998, between the Sanchezes and America s Wholesale Lender, under which America s Wholesale Lender was granted a junior security interest in real property at 9494 SW 156 th Place, Miami, Florida (the Property ). The Proof of Claim did not contain any documents evidencing an assignment of an interest in such mortgage from America s Wholesale Lender to Countrywide. 13. On April 4, 2003, the Sanchezes filed a Motion for Recordable Order Stripping Off Second Mortgage in Accordance with Confirmed Chapter 13 Plan (the Motion for Recordable Order ). The Motion for Recordable Order alleged that Countrywide s interest in the Property had been avoided as a result of confirmation of the Plan, and requested that the Court enter an order with the legal description and recording information, suitable for recording in the Miami-Dade County Public Records, indicating that the second mortgage is stripped off and avoided pursuant to 11 U.S.C 506. A true copy of the Motion for Recordable Order is attached as Exhibit 4. 3

4 Case AJC Document 1 Filed 03/01/2008 Page 4 of Countrywide did not file an objection to the Motion for Recordable Order. 15. On April 24, 2003, following a hearing on the matter, the Court entered an order granting the Motion for Recordable Order. Among other findings, the Court s order stated that Countrywide s mortgage had been stripped off by operation of the Plan, Countrywide no longer held a valid lien against the Property, and that Countrywide s claims were to be treated as unsecured claims. Id. at 4-7. A true copy of the Court s April 24, 2003 order is attached as Exhibit 5. B. Countrywide files two factually inaccurate motions for relief from the automatic stay 16. On November 13, 2003, Countrywide filed a motion for relief from stay with respect to the Property (the First Motion ). Notwithstanding the relief previously ordered by the Court in connection with the Plan and the Motion for Recordable Order, the First Motion recited, among other allegations, that Countrywide was the holder of a claim secured by the Property, and sought relief from the automatic stay on the basis of an alleged lack of adequate protection for its security interest. A true copy of the First Motion is attached as Exhibit On December 4, 2003, the Court denied the First Motion for lack of prosecution. A true copy of the Court s December 4, 2003 order is attached as Exhibit On January 9, 2004, Countrywide filed a second motion for relief from the automatic stay (the Second Motion ). The factual allegations and requests for relief set forth in the Second Motion were identical to those of the First Motion. A true copy of the Second Motion is attached as Exhibit On January 28, 2004, Countrywide withdrew the Second Motion without prejudice. A copy of the withdrawal is attached as Exhibit 9. 4

5 Case AJC Document 1 Filed 03/01/2008 Page 5 of 12 C. Countrywide commences a state court foreclosure action in violation of the Plan and the discharge order 20. On December 13, 2006, the Court entered an order discharging the Sanchezes upon the completion of their chapter 13 plan. A true copy of the discharge order is attached as Exhibit On June 15, 2007, Countrywide filed a complaint in the Circuit Court of Miami-Dade County, Florida, seeking to foreclose on the Property (the Foreclosure Complaint ). The Foreclosure Complaint represented, among other allegations, that Countrywide was the holder of a mortgage on the Property under the April 2, 1998, home equity credit agreement, and further alleged that Countrywide was entitled to foreclose on the Property due to the Sanchezes default for the June 15, 2003 payment and all payments arising thereafter. A true copy of the Foreclosure Complaint is attached as Exhibit On June 26, 2007, the Sanchezes filed an answer to the Foreclosure Complaint. In pertinent part, the Sanchezes answer denied that Countrywide was the holder of a mortgage against the Property, on the grounds that such mortgage had been stripped as a result of this Court s order granting the Motion for Recordable Order. A true copy of the Sanchezes answer is attached as Exhibit On August 9, 2007, the Sanchezes filed a Motion to Reopen Chapter 13 Case, Enjoin Countrywide Home Loans, Inc. s Efforts to Collect on a Stripped Off Second Mortgage, Hold Countrywide in Contempt of Court for Violation of the Discharge Injunction and for Attorney s Fees and Other Sanctions (the Contempt Motion ). A copy of the Contempt Motion is attached as Exhibit On October 29, 2007, Countrywide voluntarily dismissed its Foreclosure Complaint. 5

6 Case AJC Document 1 Filed 03/01/2008 Page 6 of 12 A true copy of Countrywide s dismissal notice is attached as Exhibit On October 30, 2007, the Court entered an order reopening the Sanchezes chapter 13 case. A true copy of the Court s reopening order is attached as Exhibit On November 1, 2007, the Debtors filed a notice withdrawing the Contempt Motion without prejudice. A true copy of the Debtors withdrawal notice is attached as Exhibit 16. Countrywide s pattern of conduct 27. Countrywide is a national lender and servicer of secured loans. Countrywide regularly appears before this and other United States bankruptcy courts around the country, asserting claims seeking the payment of money from bankruptcy estates and/or prosecuting motions seeking relief from the automatic stay to foreclose on consumer mortgages. 28. Countrywide failed to ensure the accuracy of a proof of claim and two motions for relief from the automatic stay that contained allegations that were inaccurate and/or misleading concerning the secured nature of Countrywide s claim. 29. Countrywide thereafter violated the discharge injunction of 11 U.S.C. 524(a)(2) and 1328(a), the Plan, and the order granting the Motion for Recordable Order by attempting to foreclose on the Property pursuant to a lien that previously had been stripped by this Court. 30. Countrywide s failure to ensure the accuracy of its pleadings and to abide by the orders of this Court is not an isolated incident. In recent years, Countrywide and its representatives have been sanctioned for filing inaccurate pleadings and other similar abuses within the bankruptcy system. 31. Cases in which bankruptcy courts sanctioned Countrywide and/or its representatives include: In re Robert and Kathleen Ennis, Case No (Bankr. W.D. Pa. July 31, 2006) 6

7 Case AJC Document 1 Filed 03/01/2008 Page 7 of 12 (sanctioning Countrywide and its counsel for failing to make reasonable inquiry prior to filing factually inaccurate motion for relief from the automatic stay); In re James Allen, Case No (Bankr. S.D. Tex. Jan. 9, 2007) (sanctioning Countrywide s attorneys based upon finding that Countrywide s objection to a chapter 13 plan had no basis in fact or law and was materially disruptive to the efficient and effective operation of this Court ); In re Paul Mann, Case No (Bankr. M.D.N.C. March 8, 2004) (awarding punitive damages against Countrywide for repeated violations of the automatic stay and finding that Countrywide s conduct was aggravated and egregious ). 32. Countrywide s failure to ensure the accuracy of its claims and pleadings has resulted in an abuse of the bankruptcy process and has prejudiced, and will continue to prejudice, parties in interest in the bankruptcy cases in which Countrywide participates. Absent injunctive relief by this Court, Countrywide s practices and conduct are likely to continue to prejudice parties in interest and result in additional abuses of the bankruptcy process. 33. United States Trustees have brought complaints against Countrywide in Ohio and Georgia to address Countrywide s sustained bad faith conduct in failing to ensure the accuracy of its claims and pleadings in attempting to obtain money or property from debtors and/or the bankruptcy estates. COUNT I (Materially Inaccurate And/or Misleading Representations of Fact) 34. The United States Trustee hereby repeats and reasserts the allegations contained in the preceding 33 paragraphs, as if fully set forth herein. 35. Countrywide authorized, directed and caused the filing of the Proof of Claim and two 7

8 Case AJC Document 1 Filed 03/01/2008 Page 8 of 12 motions for relief from the automatic stay that represented that Countrywide held a valid secured claim against the Property. 36. Countrywide s continued assertion of a secured claim after January 17, 2003, was factually inconsistent with, and in violation of, this Court s order confirming the Plan and its order granting the Motion for Recordable Order, both of which determined that Countrywide s secured interest in the Property had been avoided. 37. Countrywide directed and caused the filing of the Proof of Claim and two motions for relief from the automatic stay that contained inaccurate and/or misleading representations of fact. Countrywide failed to take adequate precautions to ensure the accuracy of its pleadings. Countrywide filed its claim and these motions in an attempt to obtain money or property from the debtors and/or the bankruptcy estate. Countrywide s conduct and practices in filing its claim and these motions created unnecessary delay and expense in administration of this bankruptcy case. By filing its claim and these motions for relief, Countrywide has acted in bad faith in the conduct of litigation before the Court in this case and that conduct cannot be adequately sanctioned by applicable rules. Countrywide s conduct and practices in filing its claim and these motions for relief from stay is sanctionable under the Court s inherent powers. 38. Countrywide directed and caused the filing of the Proof of Claim and two motions for relief from the automatic stay that contained inaccurate and/or misleading representations of fact. Countrywide failed to take adequate precautions to ensure the accuracy of its pleadings. Countrywide filed its claim and these motions in an attempt to obtain money or property from the debtors and/or the bankruptcy estate. Countrywide s conduct and practices in filing its claim and these motions created unnecessary delay and expense in administration of this bankruptcy case. By 8

9 Case AJC Document 1 Filed 03/01/2008 Page 9 of 12 filing its claim and these motions for relief, Countrywide has abused the bankruptcy process and its conduct and practices are sanctionable under 11 U.S.C. 105(a). COUNT II (Violation of discharge order, Plan, and Court orders) 39. The United States Trustee hereby repeats and reasserts the allegations contained in the preceding 38 paragraphs, as if fully set forth herein. 40. The Sanchezes Plan, this Court s order confirming the Plan and its order granting the Motion for Recordable Order each expressly provided that Countrywide s secured claim, if any, was stripped and that Countrywide s claims against the debtors, if any, were to be treated as unsecured claims. 41. Pursuant to 11 U.S.C. 524(a)(2) and 1328(a), the discharge granted to the debtors by the Court operated as an injunction against the commencement or continuation of an action to collect any debt provided for under the Plan. 42. Countrywide authorized, directed and caused the filing of the Foreclosure Complaint that represented that Countrywide held a valid secured claim against the Property. 43. Countrywide s continued assertion of a secured claim after January 17, 2003, was factually inconsistent with, and in violation of, this Court s order confirming the Plan and its order granting the Motion for Recordable Order, both of which determined that Countrywide s secured interest in the Property had been avoided. 44. By filing the Foreclosure Complaint in an attempt to collect a debt provided for under the Plan, Countrywide violated the discharge injunction provided by 11 U.S.C. 524(a)(2) and 1328(a). 9

10 Case AJC Document 1 Filed 03/01/2008 Page 10 of Countrywide directed and caused the filing of its Foreclosure Complaint in an attempt to collect a debt that had been discharged and enforce a lien that had been avoided by orders of this Court. Countrywide s conduct and practices in filing the Foreclosure Complaint created unnecessary delay and expense in the administration of this bankruptcy case. By filing the Foreclosure Complaint, Countrywide has acted in bad faith in the conduct of litigation in this case and that conduct cannot be adequately sanctioned by applicable rules. Countrywide s conduct and practices in filing the Foreclosure Complaint are sanctionable under the Court s inherent equitable powers. 46. Countrywide directed and caused the filing of its Foreclosure Complaint in an attempt to collect a debt that had been discharged and enforce a lien that had been avoided by orders of this Court. Countrywide s conduct and practices in filing the Foreclosure Complaint created unnecessary delay and expense in the administration of this bankruptcy case. By filing the Foreclosure Complaint, Countrywide has abused the bankruptcy process and its conduct and practices are sanctionable under 11 U.S.C. 105(a). COUNT III (Repeated Failure to Ensure the Accuracy of Pleadings and Accounts) 47. The United States Trustee hereby repeats and reasserts the allegations contained in the preceding 46 paragraphs, as if fully set forth herein. 48. Countrywide directed and caused the filing of the Proof of Claim, two motions for relief from the automatic stay, and the Foreclosure Complaint that contained allegations that were inaccurate and/or misleading concerning the existence and validity of a claim secured by the Property. 10

11 Case AJC Document 1 Filed 03/01/2008 Page 11 of Countrywide s conduct and practices in authorizing, directing and causing the filing of the Proof of Claim, both motions seeking relief from the automatic stay and the Foreclosure Complaint are indicative of a repeated failure to ensure the accuracy of its pleadings and accounts. Countrywide filed these motions and complaint and asserted these claims in an attempt to obtain money or property from the debtors and/or the bankruptcy estate. Countrywide s conduct and practices in failing to ensure the accuracy of its pleadings and accounts have created unnecessary delay and expense in the administration of this bankruptcy case. By its conduct and practices in failing to ensure the accuracy of its pleadings and accounts, Countrywide has acted in bad faith in the conduct of litigation before the Court in this case and that conduct cannot be adequately sanctioned by applicable rules. Countrywide s conduct and practices in failing to ensure the accuracy of its pleadings and accounts is sanctionable under the Court s inherent equitable powers. 50. Countrywide s conduct and practices in authorizing, directing and causing the filing of the Proof of Claim, both motions seeking relief from the automatic stay and the Foreclosure Complaint are indicative of a repeated failure to ensure the accuracy of its pleadings and accounts. Countrywide filed these motions and complaint and asserted these claims in an attempt to obtain money or property from the debtors and/or the bankruptcy estate. Countrywide s conduct and practices in failing to ensure the accuracy of its pleadings and accounts have created unnecessary delay and expense in the administration of this bankruptcy case. By its conduct and practices in failing to ensure the accuracy of its pleadings and accounts, Countrywide has abused the bankruptcy process and its conduct and practices are sanctionable under 11 U.S.C. 105(a). PRAYER FOR RELIEF WHEREFORE, with respect to Counts I, II and III, the United States Trustee requests that 11

12 Case AJC Document 1 Filed 03/01/2008 Page 12 of 12 this Court, on each and every count, issue an order pursuant to 11 U.S.C. 105(a) and the Court s inherent equitable powers: a. imposing appropriate monetary sanctions against Countrywide; b. enjoining and restraining Countrywide from engaging in bad faith and abusive practices in connection with: (i) its preparation, verification, filing and prosecution of pleadings and proofs of claims in bankruptcy cases; and (ii) its preparation, verification, filing and prosecution of state court foreclosure actions to the extent such actions involve debtors, claims or liens that have previously been the subject of bankruptcy court orders; and c. granting such other and further relief as the Court deems just and proper. 12 DONALD F. WALTON United States Trustee Region 21 /s/ Zana M. Scarlett Zana M. Scarlett Trial Attorney Florida Bar No United States Department of Justice Office of the United States Trustee 51 SW 1 st Ave., Room 1204 Miami, FL Phone: (305) Fax: (305) /s/ Leonard J. DePasquale Leonard J. DePasquale Rhode Island Bar No Acting Associate General Counsel Enforcement and Litigation Executive Office for United States Trustees 20 Massachusetts Avenue, NW Washington, DC Phone: (202)

Case 08-06092-mhm Document 1 Filed 02/28/2008 Page 1 of 16 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 08-06092-mhm Document 1 Filed 02/28/2008 Page 1 of 16 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 08-06092-mhm Document 1 Filed 02/28/2008 Page 1 of 16 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: JOHN WAYNE ATCHLEY and CASE NO. 05-79232-MHM ROBIN

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

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

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA In Re JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, Debtors. JUNG BEA HAN, Plaintiff. v. Adv. No. 05-03012 GE CAPITAL SMALL BUSINESS FINANCE

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS EASTERN DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS EASTERN DIVISION IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS EASTERN DIVISION IN RE: } } } Chapter 13 WILLIAM L. GALLEY and } LAURIE A. GALLEY, } CASE NO. 06-12142-JNF } Debtor } } } PHOEBE

More information

APPENDIX A IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS

APPENDIX A IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS APPENDIX A IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS In re: MICHELE GRAHAM, Case No.: 02-43262 (Chapter 7 Debtor. FEDERAL TRADE COMMISSION, Plaintiff, v. Adversary Proceeding

More information

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

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

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update October 2014 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. This Month s Author

More information

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

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

Presented by Gina Silvestri, Esq.

Presented by Gina Silvestri, Esq. Why file for a Bankruptcy? Loss of job? Medical bills? Foreclosure? Divorce? Just a run of bad luck? A fundamental goal of the federal bankruptcy laws is to give debtors a financial fresh start from burdensome

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 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

YOUNG, MORPHIS, BACH & TAYLOR, L.L.P.

YOUNG, MORPHIS, BACH & TAYLOR, L.L.P. YOUNG, MORPHIS, BACH & TAYLOR, L.L.P. Attorneys at Law 400 Second Avenue, N.W. (28601) Post Office Drawer 2428 Hickory, North Carolina 28603-2428 Telephone: 828-322-4663 Facsimile: 828-322-2023 E-mail:

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: JON J. HAMMILL, UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No. 8:09-bk-2272-CPM Debtor. Chapter 7 / DONALD F. WALTON United States Trustee for Region 21, Plaintiff

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS

UNITED STATES BANKRUPTCY COURT DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS UNITED STATES BANKRUPTCY COURT DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS Name of Debtor(s): Case No: This Plan, dated, is: the first Chapter 13 Plan filed in this case. a modified

More information

MEMORANDUM ON TRUSTEE S MOTIONS TO DISMISS

MEMORANDUM ON TRUSTEE S MOTIONS TO DISMISS MEMORANDUM ON TRUSTEE S MOTIONS TO DISMISS In certain circumstances, the Trustee will file a motion to dismiss a Chapter 13 bankruptcy proceeding. The purpose of this Memorandum is to discuss the most

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

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

LOCAL BANKRUPTCY FORM 4001-1.1 [Caption as in Bankruptcy Official Form 16A]

LOCAL BANKRUPTCY FORM 4001-1.1 [Caption as in Bankruptcy Official Form 16A] LOCAL BANKRUPTCY FORM 4001-1.1 NOTICE OF MOTION FOR RELIEF FROM STAY AND OPPORTUNITY FOR HEARING PURSUANT TO 11 U.S.C. 362(d) OBJECTION DEADLINE: (month/day/year). YOU ARE HEREBY NOTIFIED that a Motion

More information

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

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

BANKRUPTCY TERMINOLOGY

BANKRUPTCY TERMINOLOGY ADVERSARY PROCEEDING BANKRUPTCY TERMINOLOGY A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court. ASSUME An agreement to continue performing

More information

Rule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code.

Rule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code. Rule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code. (a) Section 1326 Payments. (i) (ii) The debtor shall, after commencing timely

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update February 2014 Cases Mark Mitchell and Timothy D. Hedrick Editors: Bradley M. Saxton and C. Andrew Roy Eleventh Circuit Opinions In re Antonini ---F. App x---, 2014 WL

More information

Page 2. Rev. 10/17/05

Page 2. Rev. 10/17/05 form includes optional motions to value collateral and motions to avoid liens pursuant to section 522(f)(1)(A) & (B). All references in this General Order to the chapter 13 plan include these optional

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK In re: TETRAGENEX PHARMACEUTICALS, INC. 1 Chapter 11 Case No. 10-78439-reg Debtor RECITALS: ORDER APPROVING THE DISCLOSURE STATEMENT

More information

Representing Creditors in Consumer Bankruptcy Cases

Representing Creditors in Consumer Bankruptcy Cases 4 Representing Creditors in Consumer Bankruptcy Cases Michael P. Hogan Craig B. Rule Marcy J. Ford John P. Kapitan I. Overview 4.1 II. General Considerations A. Filing Proofs of Claim 4.2 B. The Automatic

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 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

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION IN RE: * * [Debtor s Name] * (***-**-last four digits of SSN) * Case No. - [Joint Debtor s Name, if any * Chapter 13 (***-**-last

More information

Case 6:11-mp-00013 Doc 1 Filed 09/23/11 Page 1 of 9 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ) ) ) ) ) ) ) ) ) ) ) )

Case 6:11-mp-00013 Doc 1 Filed 09/23/11 Page 1 of 9 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) Case 6:11-mp-00013 Doc 1 Filed 09/23/11 Page 1 of 9 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION In re: DONALD F. WALTON, United States Trustee for Region 21, Plaintiff vs.

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF HEARING AND MOTION FOR RELIEF FROM STAY

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF HEARING AND MOTION FOR RELIEF FROM STAY UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In Re: Steven Allen Gewecke and Tamara Lynn Gewecke, Debtors: Chapter 7 Case Case No. BKY 09-41180-NCD. NOTICE OF HEARING AND MOTION FOR RELIEF FROM

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA. In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No. 03-03 ) (Eff.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA. In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No. 03-03 ) (Eff. UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No. 03-03 ) (Eff. July 1, 2003) Paragraph 1. Applicability (a) This General Order applies to chapter

More information

Mortgage Modification Mediation Program United States Bankruptcy Court Northern District of California Forms and Procedures

Mortgage Modification Mediation Program United States Bankruptcy Court Northern District of California Forms and Procedures Mortgage Modification Mediation Program United States Bankruptcy Court Northern District of California Forms and Procedures Presentation By: Chief Judge Roger L. Efremsky United States Bankruptcy Court,

More information

Case 07-10160 Doc 43 Filed 10/15/07 Entered 10/15/07 15:16:54 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

Case 07-10160 Doc 43 Filed 10/15/07 Entered 10/15/07 15:16:54 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY Case 07-10160 Doc 43 Filed 10/15/07 Entered 10/15/07 15:16:54 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY IN RE: GARY L. STRODE MAE R. STRODE CASE NO. 07-10160(1(13

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING]

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] Original plan Amended plan -- Date amended: The debtor's future earnings are submitted

More information

13-22840-rdd Doc 1181 Filed 08/10/15 Entered 08/10/15 11:09:58 Main Document Pg 1 of 7

13-22840-rdd Doc 1181 Filed 08/10/15 Entered 08/10/15 11:09:58 Main Document Pg 1 of 7 Pg 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re: Chapter 11 SOUND SHORE MEDICAL CENTER OF WESTCHESTER, et al.

More information

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES DENNIS J. LeVINE, ESQ. Fla. Bar No. 375993 Dennis LeVine & Associates, P.A. P.O. Box 707 Tampa, Florida 33601 (813) 253-0777 (813) 253-0975 (fax) dennis@bcylaw.com

More information

Residential Mortgage Lender/Servicer Claim Abuse

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

v. VERIFIED ANSWER TO FORECLOSURE COMPLAINT

v. VERIFIED ANSWER TO FORECLOSURE COMPLAINT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF v. Plaintiff, Index No. VERIFIED ANSWER TO FORECLOSURE COMPLAINT Defendant(s). Defendant answers as follows: I generally deny each allegation of the Complaint,

More information

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

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

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 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

WorthReading. Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014

WorthReading. Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014 WorthReading by Jay Winston and Alex Powietrzynski Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014 Most businesses will experience a bankruptcy by a customer or otherwise

More information

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

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 1 1 1 1 Matthew A. Silverman (0 Jessica R. Kenney (01 McCarthy Holthus Levine North Central Avenue Suite 0 Phoenix, AZ 01 (0 0- Attorneys for Movant, First Horizon Home Loans a division of First Tennessee

More information

SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947

SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947 SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947 Stephen P. Doughty, Esquire Lyons Doughty & Velhuis, P.C. 15 Ashley Place,

More information

ORDERED in the Southern District of Florida on July 25, 2012.

ORDERED in the Southern District of Florida on July 25, 2012. Case 11-02728-AJC Doc 106 Filed 07/25/12 Page 1 of 10 ORDERED in the Southern District of Florida on July 25, 2012. A. Jay Cristol, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN

More information

Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005.

Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005. RULE 2084-1. SCOPE CHAPTER 13 RULES Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005. RULE 2084-2. FILING REQUIREMENTS (a) Application to Pay Fee in Installments.

More information

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com Advanced Bankruptcy for Bankers Candace C. Carlyon, Esq. www.sheacarlyon.com 1 Pre Bankruptcy Review loan files, confirm collateral security, obtain as much information as possible Consider timing of remedies

More information

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

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

Case 12-11661-KJC Doc 4624 Filed 06/29/16 Page 1 of 7

Case 12-11661-KJC Doc 4624 Filed 06/29/16 Page 1 of 7 Case 12-11661-KJC Doc 4624 Filed 06/29/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x In re : Chapter 11 : WP

More information

12-10042-shl Doc 28 Filed 04/13/12 Entered 04/13/12 16:50:48 Main Document Pg 1 of 5

12-10042-shl Doc 28 Filed 04/13/12 Entered 04/13/12 16:50:48 Main Document Pg 1 of 5 Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Case No. 12-10042 (SHL) Paul Christensen, Chapter 13 Debtor. MEMORANDUM AND ORDER TRANSFERRING VENUE Before the Court are the

More information

SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA

SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA SPECIAL ANNOTATED VERSION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA RIGHTS AND RESPONSIBILITIES STATEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS Chapter 13 of the Bankruptcy Code

More information

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN MEMORANDUM DECISION AND ORDER

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN MEMORANDUM DECISION AND ORDER UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: Chapter 13 Dawn L. Luedtke, Case No. 02-35082-svk Debtor. MEMORANDUM DECISION AND ORDER Dawn Luedtke (the Debtor ) filed this

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 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

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS DIVISION IN RE: [Debtor s Name] (--last four digits of SSN) Case No. - [Joint Debtor s Name, if any Chapter 13 (--last four digits of SSN)

More information

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ORIGINAL CHAPTER 13 PLAN

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ORIGINAL CHAPTER 13 PLAN UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In Re: Debtor(s), / Case #: Chapter 13 Hon. Filed: ORIGINAL CHAPTER 13 PLAN Check this box if this plan deviates in any way from the

More information

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x NOT FOR PUBLICATION In re: Chapter 11 824 SOUTH EAST BOULEVARD REALTY,

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Case:10-35794-SBB Doc#:69 Filed:03/23/11 Entered:04/07/11 14:32:49 Page1 of 8

Case:10-35794-SBB Doc#:69 Filed:03/23/11 Entered:04/07/11 14:32:49 Page1 of 8 Case:10-35794-SBB Doc#:69 Filed:03/23/11 Entered:04/07/11 14:32:49 Page1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO Bankruptcy Judge Sid Brooks In re: ) ) Bankruptcy Case No. CHRISTOPHER

More information

Bankruptcy Law Firm Ursula Jones, Attorney

Bankruptcy Law Firm Ursula Jones, Attorney ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Ursula Jones ( Attorney ). 1. TOTAL FEES AND COSTS (a) Fixed Fee: A fixed fee

More information

CODING: Words stricken are deletions; words underlined are additions. hb0087-00

CODING: Words stricken are deletions; words underlined are additions. hb0087-00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to mortgage foreclosures; amending s. 95.11, F.S.; revising the limitations period for commencing

More information

Notice of Formation Meeting for Official Committee of Unsecured Creditors

Notice of Formation Meeting for Official Committee of Unsecured Creditors Office of the United States Trustee District of Delaware 844 King Street, Suite 2207 Wilmington, DE 19801 Tel. No. (302) 573-6491 Fax No. (302) 573-6497 IN RE: Chapter 11 Boomerang Tube, LLC, et al. Debtors.

More information

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, VS. Plaintiff, HENRY D. GOLTZ, EVANGELINA

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ #_ Amended (if applicable)] Chapter 13 Plan

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ #_ Amended (if applicable)] Chapter 13 Plan UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN Debtor(s) Case No: [ #_ Amended (if applicable)] Chapter 13 Plan CHECK ONE: The Debtor certifies that the Plan does

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Document Page 1 of 15 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ) In re: ) Case No. 07-11440-RGM Ronald Steven Federici, ) Chapter 7 Debtor. ) ) ) W.

More information

Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10

Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10 Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10 SAN ANTONIO FEDERAL CREDIT UNION, Defendant(s). IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

More information

Case 10-02064 Doc 79 Filed 07/12/12 Entered 07/12/12 11:03:17 Desc Main Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE

Case 10-02064 Doc 79 Filed 07/12/12 Entered 07/12/12 11:03:17 Desc Main Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE ) In re: ) Chapter 7 ) Stephen V. COLLINS, and ) Case No. 08-20315 Cynthia J. COLLINS, ) Debtors ) ) ) ) Adversary Proceeding Stephen

More information

Notice of Formation Solicitation for Official Committee of Student Creditors

Notice of Formation Solicitation for Official Committee of Student Creditors Office of the United States Trustee District of Delaware 844 King Street, Suite 2207 Wilmington, DE 19801 Tel. No. (302) 573-6491 Fax No. (302) 573-6497 IN RE: Chapter 11 Corinthian Colleges, Inc., et

More information

Case 15-16885-LMI Doc 76 Filed 04/22/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA

Case 15-16885-LMI Doc 76 Filed 04/22/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Case 15-16885-LMI Doc 76 Filed 04/22/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines The Debtors captioned

More information

INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION

INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION This form, known as a "voluntary petition," must be used by a debtor to begin a bankruptcy case. Filing this petition is

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH, DIVISION In re CASE NO. 09-00000 SSN: xxx-xx-1234 CHAPTER 13

UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH, DIVISION In re CASE NO. 09-00000 SSN: xxx-xx-1234 CHAPTER 13 APPENDIX G CHAPTER 13 MODEL PLAN UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH, DIVISION In re CASE NO. 09-00000 SSN: xxx-xx-1234 CHAPTER 13 CHAPTER 13 PLAN MOTION TO VALUE COLLATERAL AND AVOID LIENS

More information

Case 10-33583-bjh11 Doc 31 Filed 12/07/10 Entered 12/07/10 18:18:45 Desc Main Document Page 1 of 10

Case 10-33583-bjh11 Doc 31 Filed 12/07/10 Entered 12/07/10 18:18:45 Desc Main Document Page 1 of 10 Document Page 1 of 10 Eric A. Liepins ERIC A. LIEPINS, P.C. 12770 Coit Road Suite 1100 Dallas, Texas 75251 Ph. (972) 991-5591 Fax (972) 991-5788 ATTORNEYS FOR DEBTOR IN THE UNITED STATES BANKRUPTCY COURT

More information

Case 16-20012 Document 619 Filed in TXSB on 05/27/16 Page 1 of 7

Case 16-20012 Document 619 Filed in TXSB on 05/27/16 Page 1 of 7 Case 16-20012 Document 619 Filed in TXSB on 05/27/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION In re: Chapter 11 SHERWIN ALUMINA COMPANY, LLC,

More information

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

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

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov GUIDELINES FOR PREPARING, SUBMITTING AND SERVING ORDERS

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov GUIDELINES FOR PREPARING, SUBMITTING AND SERVING ORDERS UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov GUIDELINES FOR PREPARING, SUBMITTING AND SERVING ORDERS Note: Please refer to the judge s court web page for any additional

More information

CAUSE NO. IN THE DISTRICT COURT. Xxxxx Yyyyy Plaintiffs JUDICIAL DISTRICT. Aaaaa Bbbbb Cccccc Ddddd WHAT COUNTY, TEXAS. Defendants

CAUSE NO. IN THE DISTRICT COURT. Xxxxx Yyyyy Plaintiffs JUDICIAL DISTRICT. Aaaaa Bbbbb Cccccc Ddddd WHAT COUNTY, TEXAS. Defendants CAUSE NO. Xxxxx Yyyyy Plaintiffs V. Aaaaa Bbbbb Cccccc Ddddd Defendants IN THE DISTRICT COURT JUDICIAL DISTRICT WHAT COUNTY, TEXAS PLAINTIFF S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING

More information

: : : : : : : : : : : : : : : : :

: : : : : : : : : : : : : : : : : DAVIS POLK & WARDWELL 450 Lexington Avenue New York, New York 10017 Telephone (212) 450-4000 Facsimile (212) 450-6501 Benjamin S. Kaminetzky Elliot Moskowitz Daniel J. Schwartz Counsel to the Debtors and

More information

STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES. Respondent.

STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES. Respondent. 0 Winter Street NE, Suite Salem, OR 0- Telephone: (0) - STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES In the Matter of: Charmain Rene Edwards

More information

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

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

Prepared by: Hon. Duncan W. Keir, Judge U.S. Bankruptcy Court for the District of Maryland. and. Richard L. Wasserman, Esq.

Prepared by: Hon. Duncan W. Keir, Judge U.S. Bankruptcy Court for the District of Maryland. and. Richard L. Wasserman, Esq. Memorandum Summarizing Procedures With Respect To Removal Of Bankruptcy-Related State Court Actions To The United States District Court And United States Bankruptcy Court In Maryland Prepared by: Hon.

More information

Case 1:10-cv-22300-KMM Document 20 Entered on FLSD Docket 01/20/2011 Page 1 of 9

Case 1:10-cv-22300-KMM Document 20 Entered on FLSD Docket 01/20/2011 Page 1 of 9 Case 1:10-cv-22300-KMM Document 20 Entered on FLSD Docket 01/20/2011 Page 1 of 9 NATIONAL WILDLIFE FEDERATION and FLORIDA WILDLIFE FEDERATION Plaintiffs, V. W. CRAIG FUGATE, Administrator, Federal Emergency

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

The U.S. Trustee Program s Civil Enforcement Activity Targets Mortgage Fraud and Mortgage Rescue Schemes

The U.S. Trustee Program s Civil Enforcement Activity Targets Mortgage Fraud and Mortgage Rescue Schemes The U.S. Trustee Program s Civil Enforcement Activity Targets Mortgage Fraud and Mortgage Rescue Schemes by Sandra Taliani Rasnak, Assistant United States Trustee, Chicago Co-Chair, Foreclosure Rescue

More information

HOME MORTGAGE MODIFICATION

HOME MORTGAGE MODIFICATION HOME MORTGAGE MODIFICATION Individuals in bankruptcy cases assigned to Judge Waites, including joint debtors, may seek court approval of consensual modifications of home mortgage loans in one or more of

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division NOTICE OF MOTION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division NOTICE OF MOTION tr. UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: PATHNET OPERATING, INC., Case No. 0-2266-SSM DEBTOR Chapter 7 GORDON P. PEYTON, CHAPTER 7 TRUSTEE FOR PATHNET

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION UNITED STATES OF AMERICA, v. Plaintiff, ENTREPRENEURIAL STRATEGIES, LTD.; and Civil No. 2:06-CV-15 (WCO) DALE ALLISON,

More information

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA (SOUTHERN DIVISION OF NEVADA)

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA (SOUTHERN DIVISION OF NEVADA) UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA (SOUTHERN DIVISION OF NEVADA) CHAPTER 13 GUIDELINES (LAS VEGAS) (FOURTH EDITION: August 2000) This form may periodically be revised. The Office

More information

Case 3:10-bk-02805-PMG Doc 1084 Filed 02/13/12 Page 1 of 5 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:10-bk-02805-PMG Doc 1084 Filed 02/13/12 Page 1 of 5 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:10-bk-02805-PMG Doc 1084 Filed 02/13/12 Page 1 of 5 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In re: LYDIA CLADEK, INC., Debtor. / CASE NO. 3-10-bk-02805-PMG

More information

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court.

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Terminology adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. assume - An agreement to continue performing duties under

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 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

ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT

ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Law Office of Kristin Marshall, a professional corporation ( Attorney ). 1. TOTAL

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

2015 ENGAGEMENT AGREEMENT

2015 ENGAGEMENT AGREEMENT Law Offices of Vortman & Feinstein A Partnership of Professional Service Corporations 520 Pike Street Tower, Ste. 2250 Seattle, Washington 98101 Marlin L. Vortman (206) 223-9595 Larry B. Feinstein Fax:

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: * BONNIE LEE WHETSTINE, * Chapter 7 Debtor * * Case No.: 1-05-bk-10057MDF BONNIE LEE WHETSTINE, * Movant * * v. * MOTION

More information

AUTOMATIC STAY LITIGATION IN A NUTSHELL

AUTOMATIC STAY LITIGATION IN A NUTSHELL AUTOMATIC STAY LITIGATION IN A NUTSHELL I. The Real Purpose of the Automatic Stay. Prepared by Benjamin Payne Hanson & Payne, LLC bpayne@hansonpayne.com www.hansonpayne.com A. The purpose of the automatic

More information

ORDERED in the Southern District of Florida on September 15, 2011.

ORDERED in the Southern District of Florida on September 15, 2011. Case 11-13633-AJC Doc 47 Filed 09/15/11 Page 1 of 6 ORDERED in the Southern District of Florida on September 15, 2011. A. Jay Cristol, Judge United States Bankruptcy Court In re: UNITED STATES BANKRUPTCY

More information

VOLUNTARY PETITION I. APPLICABLE LAW AND RULES

VOLUNTARY PETITION I. APPLICABLE LAW AND RULES Instructions, Form B1 11.21.12 VOLUNTARY PETITION This form, known as a voluntary petition must be used by a debtor to begin a bankruptcy case. Filing this petition is how an individual or other entity

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CASE NO.: 00-01819-BKC-3F3. v. ADV. NO.: 00-184

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CASE NO.: 00-01819-BKC-3F3. v. ADV. NO.: 00-184 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In Re: CASE NO.: 00-01819-BKC-3F3 JERRY L. NEELY, JR. and VICTORIA E. NEELY, Debtors. / JERRY L. NEELY, JR. and VICTORIA

More information

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 2009-02 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ADMINISTRATIVE ORDER GOVERNING MANDATORY CIRCUIT COURT MEDIATION FOR OWNER-OCCUPIED

More information

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA In re: ) FILED September 11, 2012 ) CHAPTER 7 RIGHTS AND ) BANKRUPTCY GENERAL RESPONSIBILITIES and ) ORDER NO. 180 AMENDMENTS TO LOCAL ) BANKRUPTCY

More information

Case 09-15602-AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 1 of 6

Case 09-15602-AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 1 of 6 Case 09-15602-AJM-7A Doc 23 Filed 02/22/10 EOD 02/22/10 14:40:51 Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION IN RE: HEMMER, GREGORY ALLAN CASE NO. 09-15602-AJM-7A

More information

United States Court of Appeals

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

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update October 2015 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. Miller v. Miller (In

More information

13-22840-rdd Doc 402 Filed 10/25/13 Entered 10/25/13 16:17:31 Main Document Pg 1 of 10. (Jointly Administered)

13-22840-rdd Doc 402 Filed 10/25/13 Entered 10/25/13 16:17:31 Main Document Pg 1 of 10. (Jointly Administered) Pg 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re: SOUND SHORE MEDICAL CENTER OF WESTCHESTER, et al., 1 Debtors.

More information