Cases

MEMORANDUM OPINION SUPPORTING THE ENTRY OF ORDER GRANTING THE UNITED STATES TRUSTEE’S MOTION FOR CIVIL CONTEMPT MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Pending before the Court is the United States Trustee’s (the “U.S. Trustee”) Motion for Entry of Civil Contempt Order Against Chaledeeannka Deborah Ann Williams Goyens-Bell Eberwein ' (“Goy-ens”) (the “Motion,” ECF Doc. # 10391). Acc

MEMORANDUM OPINION AND ORDER DENYING THE MOTION OF THE RESCAP LIQUIDATING TRUST FOR AN ORDER ENFORCING PLAN INJUNCTION AND CONFIRMATION ORDER MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Pending before the Court is the Motion of the ResCap Liquidating Trust for an Order Enforcing Plan Injunction and Confirmation Order (the “Motion,” ECF Doe. # 8947) filed by the ResCap Liquidating Trus

MEMORANDUM OPINION AND ORDER SUSTAINING THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO PROOF OF CLAIM NO. 386 FILED BY BARRY AND CHERYL MACK MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE On June 10 and 11, 2015, the Court conducted a trial of the one surviving portion of Barry and Cheryl Mack’s (together, the “Macks”) Claim Number 386 (the “Claim”) filed against Debtor GMAC Mortgage, LLC (“GMACM”)

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Pending before the Court is the Motion for Reconsideration of the Memorandum and Order Sustaining in Part and Overruling in Part Debtors’ Objection to Proof of Claim No. 198k Filed by Katherine Parker-Lowe and Proof of Claim No. 1991 Filed by Rex T. Gilbert,

MEMORANDUM OPINION AND ORDER (I) SUSTAINING THE RES-CAP BORROWER CLAIMS TRUST’S OBJECTION TO THE CLAIMS FILED BY JULIE A. ER-IKSEN AND RONALD A. ERIKSEN AND (II) DENYING THE ERIK-SENS’ ABSTENTION MOTION MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Julie A. and Ronald A. Eriksen (together, the “Claimants”) filed claim numbers 5573 and 5580 (the “Claims”) against GMAC Mortgage, LLC (“GMACM”), eac

MEMORANDUM OPINION AND ORDER OVERRULING THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO CLAIM NO. 960 FILED BY MICHAEL BOYD MARTIN GLENN, United States Bankruptcy Judge This opinion addresses the objection filed by the ResCap Borrower Claims *460Trust (the “Trust”) to claim number 960 (the “Claim”) filed by Michael Boyd (“Boyd”). The Tru

MEMORANDUM OPINION AND ORDER SUSTAINING THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO CLAIM NUMBER 5800 FILED BY WEKESA MADZI-MOYO MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Wekesa Madzimoyo (“Madzimoyo”) filed Claim Number 5800 (the “Claim”) against Debtor GMAC Mortgage, LLC (“GMACM”), seeking relief in the amount of $2,275,000.00. Madzimoyo asserts causes of action under Georgia law for fr

AMENDED MEMORANDUM OPINION AND ORDER GRANTING MOTIONS FOR PARTIAL RECONSIDERATION OF THE OPINION SUSTAINING IN PART AND OVERRULING IN PART THE RESCAP LIQUIDATING TRUST’S OBJECTION TO CLAIMS FILED BY DUNCAN K. ROBERTSON MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Pending before the Court are motions for partial reconsideration (the “Motions”) filed by Duncan K. Robertson (“Robertson”) (the “Robert

AMENDED MEMORANDUM OPINION AND ORDER UPHOLDING BANKRUPTCY COURT AUTHORITY TO TRY THE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSE OF ACTION ASSERTED IN CLAIMS FILED BY PAMELA D. LONGONI AND JEAN GAGNON MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE The Court must decide whether it can hear and determine (ie., enter final judgment) the emotional distress claim included among the remaining claims in

MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO CLAIM NUMBER 3862 FILED BY RHONDA GOSSELIN MARTIN GLENN, United States Bankruptcy Judge Pending before the Court is the ResCap Borrower Claims Trust’s (the “Trust”) objection to Claim Number 3862 (the “Claim,” ECF Doc. # 7552-3, Ex. A) filed by Rhonda Gosselin (“Gosselin”). The ob

Jointly Administered MEMORANDUM OPINION AND ORDER SUSTAINING THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO THE CLAIMS FILED BY KAREN MICHELE RO-ZIER MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE In December 2005, Karen Michele Rozier (“Rozier”) took out a home mortgage loan with non-debtor WMC Mortgage Corporation (“WMC”). After WMC discovered- that it had not provided Rozier a

MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART THE RESCAP LIQUIDATING TRUST’S OBJECTION TO PROOFS OF CLAIM FILED BY DUNCAN K. ROBERTSON MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Pending before the Court is the ResCap Liquidating Trust’s (the “Trust”) objection (the “Objection,” ECF Doc. #8072) to Claim Numbers 2385, 2386, 2387, 2388, and 2389 (the “Claims,” id. E

Jointly Administered MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTION TO CLAIMS 3889, 4129, 4134, AND 4139 FILED BY TIA SMITH MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE In 2006, Tia Smith took out a home loan with non-debtor American Mortgage Network, Inc. (“American Mortgage”). Debt- or Residential Funding Company (“RFC”) later bought the l

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART ALLY FINANCIAL INC. ’S MOTION FOR AN ORDER ENFORCING THE CHAPTER 11 PLAN INJUNCTION MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE On November 14, 2018 — one month before the chapter 11 Plan of Residential Capital, LLC, and its debtor-affiliates was confirmed — sixty-nine plaintiffs (the “California Litigation Claimants”) filed a s

MEMORANDUM OPINION AND ORDER SUSTAINING THE RESCAP BORROWER CLAIMS TRUST’S OBJECTION TO CLAIM NO. 5282 OF MICHELLE LAWSON MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Michelle Lawson is current on her first lien mortgage loan (the “First Mortgage”) and second lien mortgage loan (the “Second Mortgage”), both originated in December 2004. Debtor GMACM Mortgage, LLC (“GMACM”) played no role

MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART DEBTORS’ OBJECTION TO PROOF OF CLAIM NO. 1984 FILED BY KATHERINE PARKER-LOWE AND PROOF OF CLAIM N0.1991 FILED BY REX AND DANIELA GILBERT MARTIN GLENN, UNITED STATED BANKRUPTCY JUDGE: Pending before the Court is the Debtors’ Objection to Proofs of Claim Filed by Rex and Daniela Gilbert and Katherine Parker-Lowe (the “Objection”

MEMORANDUM OPINION AND ORDER GRANTING CITIBANK’S MOTION FOR DEFAULT INTEREST AND COUNSEL FEES AND EXPENSES MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE The Bankruptcy Code entitles overse-cured creditors to postpetition interest, but the Code does not describe how to calculate it. As an oversecured creditor, Citibank seeks postpetition interest at the default rate governed by its contract (the

MEMORANDUM OPINION AND ORDER DENYING MOTION TO LIFT THE AUTOMATIC STAY AND ENFORCING RELEASE OF CLAIMS AGAINST ALLY FINANCIAL INC. MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE Yosef Le Roi Mustafanos (“Mustafa-nos”), on behalf of the estate of his deceased father, James Jackson Marshall (“Marshall”), wants to prosecute claims in an Oregon state court against Debtors GMAC Mortgage LLC (“GMACM”)

MEMORANDUM OPINION AND ORDER DETERMINING THE AMOUNT OF ALLOWED CLAIM OF FRANK AND CHRISTINA REED MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE This is a case involving, on the one hand, seemingly undeserving borrowers — who have not paid their mortgage, property taxes, or homeowners’ insurance for over seven years but continue to occupy their home — and, on the other, a loan servicer that was willi

MEMORANDUM OPINION AND ORDER SUSTAINING DEBTORS’ OBJECTION TO PROOFS OF CLAIM FILED BY ROBERT SWEETING AGAINST GMACM (CLAIM NOS. 1360 AND 1361) MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE: Pending before the Court is the Debtors’ Objection to Proofs of Claim Filed By Robert Sweeting Against GMAC Mortgage, LLC (Claim Nos. 1360 and 1361) Pursuant to Section 502(b) of the Bankruptcy Code and Ba