MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This case is before the Court on the Bankruptcy Administrator's Motion to Dismiss Chapter 7 Case Pursuant to 11 U.S.C. 707(b)(2). (Doc. 24). The Debtors, Steve D. and Deborah M. Sanders, through their attorney Collier H. Espy, orally objected to the motion at a hearing held January 26, 2011 in Dothan, Alabama. The issue underlying the Bankruptcy Administrator's motion is the Debtors' student loan payments and whether those payments...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Chapter 7 case comes before the Court on the motion for reconsideration filed by United Bank. (Doc. 76). For the reasons set forth below, the motion is DENIED. I. FACTS The Debtor filed a petition in bankruptcy pursuant to Chapter 7 of the Bankruptcy Code on April 10, 2010. (Doc. 1). In the original Notice of Chapter 7 Bankruptcy Case, the Court did not establish a claims bar date. (Doc. 7). However, on May 4, 2010, the...
MEMORANDUM WILLIAM R. SAWYER, Bankruptcy Judge This case is before the Court on the Defendant's Motion to Remand the case to state court pursuant to 28 U.S.C. 1446(a). (Doc. 2). The case was removed from state court by the Trustee, Daniel Hamm, because the state court entered a final divorce decree in violation of the automatic stay. (Doc. 1). Both sides have submitted briefs on the issue and for the following reasons, the Defendant's Motion is DENIED. Facts The Debtor, William Terah...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Chapter 11 case came before the Court for hearing on an objection to an application for professional compensation filed by BankTrust, (Doc. 237), on January 20, 2011. BankTrust objects to the most recent application for compensation made by the attorney for the Debtor in Possession (Doc. 237, objecting to Doc. 231). The Court will consider the objection below. BankTrust objects to the application for compensation filed by counsel...
