Memorandum Opinion on Count VI of the Plaintiff-Debtor's Second Amended Complaint and the Defendant's Motion for Relief from and Annul of Stay BENJAMIN COHEN , Bankruptcy Judge . The matters before the Court are Count IV of the Second Amended Complaint filed pursuant to 11 U.S.C. 362(k)(1) by the plaintiff-debtor, Mr. Harold U. Owen, III, on September 21, 2012 (A.P. Docket No. 24), and the Motion for Relief From and Annul of Stay filed by the defendant, Garrett Auto...
MEMORANDUM OPINION BENJAMIN COHEN, Bankruptcy Judge. The matter before the Court is the defendant Wells Fargo, N.A.'s Motion for Summary Judgment filed on April 25, 2013. A.P. Docket No. 15. After notice, a hearing was held on September 12, 2013. Appearing were Ms. Catherine Crosby Long, the attorney for the defendant; Ms. Eugenia W. Hamilton, the plaintiff's attorney; and the plaintiff, Ms. Penny Lynn Morris. The pending motion was filed in response to the Debtor's Complaint Against...
MEMORANDUM OPINION BENJAMIN COHEN, Bankruptcy Judge. This matter came before the Court on a Motion for Temporary Restraining Order filed on May 2, 2014, by Robert L. Shields, the Trustee. Docket No. 2. An emergency hearing was held at 1:30 p.m. on May 5, 2014. Appearing were Dennis Schilling, the attorney for the Trustee, and Joseph Bulgarella for the Bankruptcy Administrator. The defendants nor anyone on their behalf appeared. 1 I. Summary The Chapter 7 Trustee seeks to restrain the...
MEMORANDUM OPINION TAMARA O. MITCHELL, Bankruptcy Judge. This adversary proceeding came before the Court for trial on January 22, 2014, and February 3, 2014. Appearing before the Court were Lee R. Benton and Jamie Alisa Wilson, counsel for the Defendant/Debtor; Gail Lindley Andrews, pro se Plaintiff; Cheryl Ann Chamblee, the Defendant/Debtor; Jodi Ketchersid, witness for the Plaintiff; and George Andrews, witness for the Plaintiff. This Court has jurisdiction pursuant to 28 U.S.C. 1334(...
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL, Bankruptcy Judge. This bankruptcy case is before the Court following the January 23, 2014 hearing on the Bankruptcy Administrator's Motion to Dismiss or in the Alternative Convert to Chapter 13 with the Debtor's Consent. Appearing before the Court were David Murphree, counsel for the Debtor; Jon Dudeck, counsel for the Bankruptcy Administrator; and the Debtor. This Court has jurisdiction pursuant to 28 U.S.C. 1334(b),...
