MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Chapter 13 case came before the Court on September 26, 2012, in Opelika, Alabama, on the Court's Order to Appear and Show Cause. (Doc. 25). For the reasons set forth below, this case is DISMISSED WITH PREJUDICE. I. FACTS A. History of this Case The Debtor filed a petition in bankruptcy pursuant to Chapter 13 of the Code on April 12, 2012. (Doc. 1). Confirmation of the Debtors Plan was first scheduled for July 11, 2012. (Doc....
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge Before the court is David R. Gangaware's (hereinafter "Gangaware") motion seeking relief from stay. The debtor, Beverly Jones (hereinafter "Jones"), opposes the motion. The parties' dispute requires this court to interpret their contract for the sale and purchase of residential realty located in Montgomery, Alabama. Gangaware contends that as of the time of bankruptcy, Jones' interest in the realty, originally a bond for title, had...
REPORT AND RECOMMENDATION OF BANKRUPTCY JUDGE DWIGHT H. WILLIAMS, JR. TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. The plaintiff moves for the entry of a default judgment against all defendants in this adversary proceeding. Ten of the eleven defendants have been served with the summons and complaint but have failed to respond in the time period required under the Federal Rules of Civil Procedure. The eleventh defendant,...
ORDER DENYING MOTION FOR CONTEMPT DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. On July 17, 2012, the debtor filed a motion seeking to have creditor Resurgent Capital Services, on behalf of CVF Consumer Acquisition Co., its successors and assigns as assignee of NCO Group, Inc. held in contempt of court for the failure to support its proof of claim with the documentation required by Fed. R. Bankr. P. Rule 3001. In addition to the sanctions sought, the debtor requests that the creditor's claim be...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Adversary Proceeding came before the Court for hearing on June 19, 2012, upon the Motion for Summary Judgment filed by Defendant Jefferson Tyree Lucas. For the reasons set forth below, summary judgment is entered in favor of Lucas. The Court concludes that the indebtedness owed by Lucas to Infinity is not excepted from the Debtor's discharge. I. FACTS Lucas filed a petition in bankruptcy pursuant to chapter 7 in this Court on...
ORDER DENYING CONFIRMATION AND CONDITIONALLY DISMISSING CASE DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. The chapter 13 trustee filed an objection, as amended, to confirmation of the plan proposed by the debtors, asserting that the debtors have not met the disposable income test provided in 11 U.S.C. 1325(b). Specifically, the trustee states that the transportation expense claimed by the debtors on Form B22C exceeds their actual expense by $255.00 per month. If this amount were included in...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. On October 7, 2011, Shunacanice LaShasta Washington ("Washington") filed this adversary proceeding against Sherman Williams ("Williams") seeking damages for his alleged willful violation of automatic stay imposed by 11 U.S.C. 362. Washington contends that, despite notice of her chapter 13 petition, Williams repossessed her vehicle and retains the vehicle to date. This proceeding came on for trial on February 28, 2012. At trial,...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. These Chapter 13 cases came before the Court for hearing on December 14, 2011, on nearly identical motions for relief from the automatic stay filed by Gil's Auto Sales. 1 (11-80452, Doc. 21—Meriweather), (11-80632, Doc. 25—Nolan). For the reasons set forth below, both motions are denied. I. FACTS A. Meriweather Ronald Meriweather filed a petition in bankruptcy pursuant to Chapter 13 of the Bankruptcy Code on March 25, 2011. (11-...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. These Chapter 13 cases came before the Court for hearing on December 14, 2011, on nearly identical motions for relief from the automatic stay filed by Gil's Auto Sales. 1 (11-80452, Doc. 21—Meriweather), (11-80632, Doc. 25—Nolan). For the reasons set forth below, both motions are denied. I. FACTS A. Meriweather Ronald Meriweather filed a petition in bankruptcy pursuant to Chapter 13 of the Bankruptcy Code on March 25, 2011. (11-...
