MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. In this complaint, James and Celia Allison seek to have Christopher Q. Dean's discharge denied pursuant to 11 U.S.C. 727(a)(2)(A)(property transfer with the intent to hinder, delay or defraud) and 727(a)(4)(false oath). Further, the Allisons seek to have the debt owed them by Dean held nondischargeable pursuant to 11 U.S.C. 523(a)(6)(willful and malicious injury to property of another). Trial was held in Opelika, Alabama on...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. In this complaint, Teresa L. Trailer (hereinafter "Trailer") contends that Troy University (hereinafter "Troy") willfully violated the automatic stay of 11 U.S.C. 362. According to Trailer, Troy violated the stay by refusing, in an effort to collect a prepetition debt and with knowledge of the bankruptcy, to release a transcript of her academic record. For the following reasons, judgment will enter in favor of Trailer finding...
MEMORANDUM WILLIAM R. SAWYER, Bankruptcy Judge. This Adversary Proceeding came before the Court for trial on October 15, 2013, with the Plaintiffs seeking relief on a claim for a violation of 11 U.S.C. 524. For the reasons set forth below, the Court finds in favor of the Plaintiffs. I. FACTS Debtors' Bankruptcy History The Plaintiffs, Eric and Deborah McLean, filed a voluntary Chapter 13 petition on June 14, 2006, which was designated as case number 06-10541. The 2006 petition listed...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Chapter 13 case came before the Court for an evidentiary hearing on October 2, 2013, on a motion entitled "SunSouth Bank's Motion for Enforcement of Order and Motion for Immediate Distribution of Remaining Settlement Proceeds." (Doc. 164). SunSouth was present by counsel H. Samuel Prim, III, and Chapter 13 Trustee Curtis C. Reding was present by counsel Sabrina L. McKinney. I. FACTS The Debtor filed a petition in bankruptcy...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. Before the court is the defendant's, Easy Money, motion to dismiss this adversary proceeding. Easy Money contends that the plaintiff, George Leftridge, has failed to state a claim upon which relief can be granted pursuant to FRCP 12(b)(6). 1 Leftridge filed a response in opposition to the motion to dismiss. The matter was set for hearing on July 15, 2013. For the following reasons, the motion to dismiss will be granted, in part,...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. In this complaint, James and Celia Allison seek to have Christopher Q. Dean's discharge denied pursuant to 11 U.S.C. 727(a)(2)(A)(property transfer with the intent to hinder, delay or defraud) and 727(a)(4)(false oath). Further, the Allisons seek to have the debt owed them by Dean held nondischargeable pursuant to 11 U.S.C. 523(a)(6)(willful and malicious injury to property of another). Trial was held in Opelika, Alabama on...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. Bankruptcy Judge. In this complaint, Teresa L. Trailer (hereinafter "Trailer") contends that Troy University (hereinafter "Troy") willfully violated the automatic stay of 11 U.S.C. 362. According to Trailer, Troy violated the stay by refusing, in an effort to collect a prepetition debt and with knowledge of the bankruptcy, to release a transcript of her academic record. For the following reasons, judgment will enter in favor of Trailer finding that...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. Before the court is the debtor's objection to the claim of American InfoSource, LP, as agent of Check N Go (Doc. #30). For the reasons set out herein, the debtor's objection to the claim will be sustained. Jurisdiction The court's jurisdiction in this contested matter is derived from 28 U.S.C. 1334 and from an order of the United States District Court for this district wherein that court's jurisdiction in title 11 matters was...
