2012 Judge Kaplan - Opinions
Judge Michael B. Kaplan -- Opinions signed in 2012
Debtors' filed a motion to extend the redemption period to permit payment to Emigrant Mortgage and to grant a first mortgage to John Quigley. The Court finds that the Debtors' redemption period has expired and will DENY Debtors' motion.
J.P. Morgan Chase Bank filed a motion seeking a security interest in certain collateral of the Debtor. The Chapter 7 Trustee filed a cross motion to declare the collateral property of the bankruptcy estate. The Court will DENY summary judgment at this juncture.
"The Court grants in part the Trustee's Motion to Modify and Expunge Claims (Docket Entry No. 4703) and denies Lehman Commercial Paper, Inc.'s request for a valuation hearing. The Court finds that the amount of Lehman Commercial Paper, Inc.'s credit bid reasonably reflected the value of the underlying collateral at the time of the auction for purposes of fixing the amount of the deficiency. The deficiency is hereby set at $2,953,802.41."
Debtor filed a Motion seeking a finding of contempt and sanctions for violation of the automatic stay against creditor, Valerie A. Powers Smith. The Court has reviewed the submissions of the parties and determines that there have been no collection efforts since the date the Debtor filed her bankruptcy petition. Accordingly, the Debtor's Motion is denied.