MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , Bankruptcy Judge . This adversary proceeding came before the Court on March 14, 2016, for trial 1 on the Amended Complaint filed by Plaintiff William S. Kaye, as Liquidating Trustee (the "Plaintiff" or the "Trustee") for Bruno's Supermarkets, LLC n/k/a BFW Liquidation, LLC (the "Debtor" or "Bruno's") against Defendant Blue Bell Creameries, Inc. (the "Defendant" or "Blue Bell"). Appearing before the Court were John D. Elrod and David B....
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , Bankruptcy Judge . These adversary proceedings came before the Court on May 17, 2016, for trial 1 on the Amended Complaints filed by Plaintiff William S. Kaye, as Liquidating Trustee (the "Plaintiff" or the "Trustee") for Bruno's Supermarkets, LLC n/k/a BFW Liquidation, LLC (the "Debtor" or "Bruno's") in two separate adversary proceedings, one against Defendants Barber Milk, LLC ("Barber") and Southern Foods Group, LLC d/b/a Brown's Dairy...
MEMORANDUM OPINION DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM FOR LACK OF JURISDICTION Clifton R. Jessup, Jr. , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on Motion to Dismiss Defendant's Counterclaim filed by Westlake Flooring Company, LLC, d/b/a Westlake Flooring Services (hereinafter "Westlake Flooring") for lack of subject matter jurisdiction and lack of standing. The Court has reviewed the Defendant's Counterclaim against...
MEMORANDUM OPINION JAMES J. ROBINSON , Chief Bankruptcy Judge . Introduction and Jurisdiction The debtor-plaintiff, Stanley W. Ellswick ("Ellswick"), commenced an adversary proceeding (the "AP") against creditor-defendant, Quantum3 Group, LLC ("Quantum"), and the AP is now before the court on Quantum's Motion to Dismiss (AP Doc. 11). 1 The operative facts alleged in the AP complaint are not in dispute, and in accordance with Rule 7012(b)—applying Fed. R. Civ. P. 12(b)-(i) to bankruptcy...
MEMORANDUM OPINION ON DEBTORS' MOTION TO MODIFY CLIFTON R. JESSUP, Jr. , Bankruptcy Judge . This case came before the Court on September 19, 2016 upon the Debtors' Motion to Modify Plan ("Motion to Modify") and the Limited Objection to Debtors' Motion to Modify Plan filed by Listerhill Credit Union ("Limited Objection"). The Debtors propose to modify their confirmed Plan by surrendering a 2006 Nissan Xterra to Listerhill Credit Union ("Listerhill") and by reducing their plan payments from $...
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE EXTENT AND VALIDITY OF REDSTONE FEDERAL CREDIT UNION'S JUDGMENT LIEN CLIFTON R. JESSUP, Jr. , Bankruptcy Judge . Before the Court is the Plaintiff's Complaint to Determine the Extent and Validity of Lien Claimed by Redstone Federal Credit Union ("Redstone") against real property owned by the Plaintiff. On November 16, 2015, the Debtor filed for relief under Chapter 7 of the Bankruptcy Code and listed his place of residence as 27631 Azalea Trail,...
OPINION AND ORDER ON DEBTOR'S APPLICATION TO HAVE FILING FEE WAIVED JAMES J. ROBINSON , Chief Bankruptcy Judge . The debtor filed an application to waive her chapter 7 filing fee (Doc. 2), and the chapter 7 trustee objected (Doc. 12). If the court approves the debtor's application, the trustee's meager $60 minimum fee, otherwise included in the filing fee, will not be paid, and he will likely work for free. 1 If the court does not approve the application for fee waiver, the debtor must...
MEMORANDUM OPINION CLIFTON R. JESSUP, Jr. , Bankruptcy Judge . Before the Court is the Complaint by Bevin Sithole (the "Debtor") against Redstone Federal Credit Union ("Redstone") seeking to determine the secured status of Redstone's second mortgage on the Debtor's principal residence. The Court conducted a trial of this matter on June 28, 2016 and heard the testimony of Julie Glenn Davis, a certified real estate appraiser, and the Debtor regarding the value of the property. The Debtor's...
OPINION AND ORDER JAMES J. ROBINSON , Bankruptcy Judge . The debtor-plaintiff, Stanley W. Ellswick ("Ellswick"), commenced the above adversary proceeding (the "AP") against creditor-defendant, Quantum3 Group, LLC ("Quantum"), and the AP is now before the court on Ellswick's Motion to Compel Arbitration (AP Doc. 30). 1 The court has jurisdiction over the AP pursuant to 28 U.S.C. 157(a) and (b), and 1334(a) and (b), and the General Order of Reference, as amended, issued July 16, 1984 by...
MEMORANDUM OPINION ON MOTION FOR HARDSHIP DISCHARGE DENYING THE MOTION AS TO DEBTOR MITCHELL MIXSON AND GRANTING HARDSHIP DISCHARGE AS TO DEBTOR JESSICA MIXSON CLIFTON R. JESSUP, Jr. , Bankruptcy Judge . This case came before the Court on April 4, 2016 upon the Debtors' Motion for Hardship Discharge. The Debtors seek a hardship discharge pursuant to 11 U.S.C. 1328(b) and assert that they have no prospects for income in the foreseeable future and are unable to fund their Chapter 13 Plan...
MEMORANDUM OPINION TAMARA O. MITCHELL , Bankruptcy Judge . This adversary proceeding came before the Court on October 13, 2015, for a trial on the Complaint filed by 834 Golden Gate Lane Holdings, LLC, 2625 Belvedere Drive Holdings, LLC, and 2000 North Meridian Road Holdings, LLC, each acting by and through its special servicer, CWCapital Asset Management, and CWCapital Asset Management, LLC, in its individual capacity (collectively, the "Plaintiffs") against Guy Anthony Savage and Tamela...
MEMORANDUM OPINION AND ORDER DENYING CLASS CERTIFICATION AND DENYINIG MOTION TO SUPPLEMENT COMPLAINT JAMES J. ROBINSON , Bankruptcy Judge . I — Introduction There are two critical questions the court needs to answer in this aspiring class action adversary proceeding (the "AP"): First, may a bankruptcy judge, a non-article III judicial officer, exercise jurisdiction over a nationwide class action, bankruptcy adversary proceeding Second, may a debtor-plaintiff, who commenced an adversary...
