Granting in part motion for payment of attorneys fees and expenses pursuant to section 503(b)(3) and (b)(4).
NOT INTENDED FOR PUBLICATION
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Opinions
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Denying motion for reconsideration of order lifting stay and denying motion to invalidate prepetition foreclosure sale.
D’s Ch13 plan providing that D would continue contributing to his retirement plan ($655/mo compared to Ch13 plan payment of $550/mo) while paying a 0% dividend to unsecureds may not have been proposed in good faith
D’s §363(c)(3) motion to extend stay, heard more than 30 days after petition date, denied as unnecessary on the grounds that §363(c)(3) does not apply to property of the estate
Denying dismissal with 5-year bar to refiling but granting dismissal with 180 day bar to refiling
motion of Plaintiff/Trustee to disqualify Defendant’s attorney denied
case dismissed with five-year bar to refiling
Honorable Paul W. Bonapfel
Order granting summary judgment on the Plaintiff’s preference action. The Plaintiff established all elements of a preference action under 11 U.S.C. § 547 and set forth facts in its Statement of Material Facts which negated the applicability of Defendant’s affirmative defenses. Although the Defendant pled a number of affirmative defenses in its answer, it did not file a response to the Plaintiff’s motion for summary judgment and failed to carry its burden of establishing any affirmative defense.
Judge James E. Massey (Retired)
Debtor’s motion to avoid judgment liens is denied as 11 U.S.C. § 522(f) has no applicability to property acquired after date she filed her bankruptcy petition. However, debtor is protected against such pre-petition judgment liens by 11 U.S.C. § 524(a) which provides that any effort to enforce such a void lien on property acquired after debtor filed her bankruptcy petition would violate the Bankruptcy Code’s discharge injunction.
Plaintiff’s motion to avoid and recover preferential transfers is granted. 11 U.S.C. §§ 547, 550(a). Defendant has failed to respond and is deemed not to oppose Plaintiff’s motion. BLR 7007-1. Plaintiff satisfied all elements of a voidable preference. Because defendant did not raise any affirmative defenses in its answer, it is proper to award pre-judgment interest along with post-judgment interest. Any claim asserted by defendant is disallowed pending payment of Plaintiff’s judgment.