MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . Plaintiff, Multibank 2009-1 CML-ADC Venture, LLC (hereinafter "Multibank"), filed this adversary proceeding objecting to the Debtor/Defendant's discharge pursuant to 11 U.S.C. 727. Multibank's Complaint contained three counts: Count I for denial of discharge under 727(a)(2); Count II for denial of discharge under 727(a)(3); and Count III for denial of discharge under 727(a)(4). The matter came on for trial on September 22,...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case is before the Court on the Application for Administrative Expenses filed by Debtors' counsel Samantha Valenzuela. (Doc. 36). The Court heard the motion on April 5, 2017, and requested a brief, which Valenzuela subsequently filed. (Doc. 44). For the reasons set forth below, the Application is DENIED. I. FACTS The Debtors Joe L. Hooks and his wife Savannah D. Hooks filed a joint petition in...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge This Chapter 7 bankruptcy case came before the Court for an evidentiary hearing on June 5, 2017, on two motions: (1) Motion for Relief From Automatic Stay filed by Brenda Maitland, Gabrielle Maitland, and Rachael Bryer (movants collectively referred to as the "Maitlands") (Doc. 37); and (2) Debtor's Motion for Order to Show Cause (Doc. 41). Debtor Richard Lively appeared pro se and the Maitlands were present by...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Chapter 11 case is before the Court on Applications for Professional Compensation and Expenses as follows: PROFESSIONAL FEES 1. Memory & Day $544,900.00 (Doc. 492) filed 1/18/17 Reduced 490,410.00 (Doc. 607) filed 5/16/17 2. Gilpin Givhan, PC 122,390.00 (Doc. 498) filed 1/24/17 Amended 119,...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . In this adversary proceeding, the bankruptcy administrator objects to the debtor's discharge pursuant to 11 U.S.C. 727(a)(4) contending that the debtor knowingly and fraudulently made false oaths and accounts in connection with her underlying bankruptcy case. Trial was held in Dothan, Alabama on August 9, 2017. Appearing at the trial were Ms. Jacobs, the bankruptcy administrator, Samantha Valenzuela, the defendant's attorney,...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . In this chapter 13 case, Republic Finance (hereinafter "Republic") objects to the debtor's proposed post-confirmation modification of the plan. The debtor's modified plan proposes to surrender the property that is collateral for the Republic loan and thereafter, to treat Republic's claim, if one remained after liquidation of the collateral, as unsecured. For the following reasons, the debtor's proposed modified plan will be...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on the Motion to Dismiss for failure to state a claim upon which relief can be granted filed by Defendants Thomas and Ivy Stokes. (Doc. 14). Plaintiff Motors Acceptance Corp., is represented by counsel William C. Elliott and Defendants Thomas and Ivy Stokes are represented by counsel Andrew Poston. The Court heard argument on June 6, 2017, and requested a brief from the...
MEMORANDUM OPINION The central question before the Court is whether "total proceeds" recovered through 327(a) attorney representation includes both cash and noncash proceeds. This Chapter 13 case came before the Court for hearing on February 28, 2017, on Anthony B. Bush's Application for Approval of Attorney's Fees and Expenses related to the adversary proceeding (Case No. 16-08027) arising from this bankruptcy case. (Docs. 38). The Debtor was present by counsel Anthony B. Bush. Britt Griggs...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case came before the Court for an evidentiary hearing on March 1, 2017, (Doc. 26) on the Objection to Claim #3, filed by the Debtor. (Doc. 16). The question before the Court is whether Ex-wife's claim for reimbursement of Debtor's child's medical expenses is barred by the doctrine of laches. For the reasons set forth below, the Objection is SUSTAINED IN PART AND OVERRULED IN PART. I. FACTS The Debtor...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on Defendant Carrington Mortgage Services, LLC's, Motion to Dismiss. (Doc. 9). Plaintiffs Kenneth and Billie Golden filed a memorandum opposing the motion. (Doc. 13). Carrington Mortgage filed a reply. (Doc. 14). The Court conducted a hearing on the matters on April 11, 2017. The question is whether a complaint is sufficient to survive a Fed. R. Civ. P. 12(b)(6) Motion...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . Before the court is the bankruptcy administrator's motion to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C. 707(a) (Doc. #33). Joining the administrator in the motion are the trustee, William C. Carn, III, (Doc. #104) and Angie H. Ingram on behalf of herself, Wright Investments, LLC, Bowman Investments, Inc., Equity Partners, Inc., RK Investments, Inc., and Kent Ingram (Doc. #45). On April 21, 2017, an...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . On February 14, 2017, these jointly-administered bankruptcy cases and the related adversary proceeding came before the Court for hearing on two Motions for Relief From Automatic Stay, or in the alternative Motion to Abstain (Case No. 17-30260; Doc. 18) (Case No. 17-30268; Doc. 12); and a Motion to Remand (AP 17-3008; Doc. 6). Debtor Trammell Family Lake Martin, LLC was present by counsel Lee R. Benton; Debtor Trammell...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . On February 14, 2017, these jointly-administered bankruptcy cases and the related adversary proceeding came before the Court for hearing on two Motions for Relief From Automatic Stay, or in the alternative Motion to Abstain (Case No. 17-30260; Doc. 18) (Case No. 17-30268; Doc. 12); and a Motion to Remand (AP 17-3008; Doc. 6). Debtor Trammell Family Lake Martin, LLC was present by counsel Lee R. Benton; Debtor Trammell...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . On February 14, 2017, these jointly-administered bankruptcy cases and the related adversary proceeding came before the Court for hearing on two Motions for Relief From Automatic Stay, or in the alternative Motion to Abstain (Case No. 17-30260; Doc. 18) (Case No. 17-30268; Doc. 12); and a Motion to Remand (AP 17-3008; Doc. 6). Debtor Trammell Family Lake Martin, LLC was present by counsel Lee R. Benton; Debtor Trammell Family Orange...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Chapter 7 bankruptcy case came before the Court for an evidentiary hearing on the Trustee's Motion to Transfer on March 27, 2017. (Doc. 5613). Trustee Carly Wilkins seeks to transfer the bankruptcy case of Timothy McCallan, which is currently pending in the United States Bankruptcy Court for the Middle District of Florida, under Case No. 16-7524-CCJ, to this Court on the grounds that: (1) McCallan and the Debtor in this case...
CORRECTED MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Chapter 13 case came before the Court for an evidentiary hearing on the objection to confirmation of plan filed by 21st Mortgage Corporation ("Bank") (Doc. 17) on March 8, 2017. The Debtor was present in person and by counsel Larry G. Cooper, Jr; the Bank was present by counsel Kristofor D. Sodergren; and Chapter 13 Trustee Sabrina McKinney was present. For the reasons set forth below, the Bank's objection is...
CORRECTED MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case came before the Court for an evidentiary hearing on the objection to confirmation of plan filed by 21 st Mortgage Corporation ("Bank") (Doc. 17) on March 8, 2017. The Debtor was present in person and by counsel Larry G. Cooper, Jr.; the Bank was present by counsel Kristofor D. Sodergren; and Chapter 13 Trustee Sabrina McKinney was present. For the reasons set forth below, the Bank's...
MEMORANDUM DECISION This Chapter 7 bankruptcy case came before the Court for an evidentiary hearing on the Trustee's Motion to Transfer on March 27, 2017. (Doc. 5613). Trustee Carly Wilkins seeks to transfer the bankruptcy case of Timothy McCallan, which is currently pending in the United States Bankruptcy Court for the Middle District of Florida, under Case No. 16-7524-CCJ, to this Court on the grounds that: (1) McCallan and the Debtor in this case are affiliates; (2) this case was first...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case came before the Court for hearing on November 1, 2016, on the Chapter 13 Trustee's Objection to Claim of Grange Mutual Casualty Insurance Co. (Doc. 21, 22). Grange Mutual was present by counsel A.C. Donahue and the Chapter 13 Trustee was present by counsel Sabrina McKinney. For the reasons set forth below, the objection is sustained and Claim No. 2 of Grange Mutual is disallowed. I. FACTS The...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . Defendant, Wall & Associates, Inc., filed a motion seeking a transfer of venue for this adversary proceeding, or alternatively, to compel arbitration of the parties' dispute. William C. Carn, III, Plaintiff/Trustee, opposes the motion. For the following reasons, Defendant's motion to compel arbitration in Fairfax County, Virginia will be granted. Procedural Background and Alleged Facts Plaintiff/Trustee filed a three-count...
