MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge I. Facts This Chapter 13 case came before the Court for hearing on November 3, 2010, upon a motion filed by the State of Alabama seeking relief from this Court's Order of September 21, 2010 (Doc. 53), Confirming the Debtor's Modified Chapter 13 Plan. Before addressing the specifics of the State's motion, the Court will review the history of this case. On June 17, 2009, the Debtor filed a petition in bankruptcy pursuant to Chapter 13...
AMENDED MEMORANDUM OPINION DWIGHT H. WILLIAMS, JR., Bankruptcy Judge. The Federal Deposit Insurance Corporation ("FDIC") filed a motion on November 5, 2009 to require the Debtor to immediately cure the deficit under an alleged commitment to maintain the capital of Colonial Bank or, in the alternative, to convert the case to a case under chapter 7 of the Bankruptcy Code. The FDIC calculates the deficit at $904,954,360—an amount far in excess of the Debtor's ability to pay. The FDIC also filed...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, JR., Bankruptcy Judge. Currently before the court is the Alabama Department of Human Resources' (hereinafter "DHR") objection to the debtors' motion for discharge. There, DHR asserts that its claim is a priority domestic support obligation (hereinafter "DSO") arising from a food assistance benefit overpayment, and, hence, the claim is excepted from discharge. The debtors rebut contending first that DHR's claim is not entitled to DSO status. Secondly,...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, JR., Bankruptcy Judge. The Colonial BancGroup, Inc. ("debtor") filed a motion for authority to exercise ownership rights over assets held in a deferred compensation plan (Doc. #255). The motion is opposed by twenty-one employees of the debtor and its subsidiary, Colonial Bank, who contributed to the plan. 1 An evidentiary hearing was held on April 15, 2010. At issue is whether the debtor's deferred compensation plan is a "top hat" plan under the...
