MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , United States Bankruptcy Judge . This matter came before the Court on the Motion to Abstain or Remand (the "Motion to Remand") filed by the Chapter 7 trustee, Thomas E. Reynolds (the "Trustee") (Doc. No. 36), the Defendants Grant Behrman, Robert Flaherty, Thomas Perlmutter, and Mark Visser's Memorandum in Opposition to the Trustee's Motion to Abstain or Remand (Doc. No. 44), the Trustee's Response in Opposition to the Trustee's Motion to...
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , Bankruptcy Judge . This adversary proceeding is before the Court on the Motion for Default Judgment (hereinafter "Motion") (Doc. 12) filed by Valencia Fay Brown (hereinafter "Debtor"). A hearing was held on August 14, 2017, for a pretrial on the Plaintiff's First Amended Complaint Seeking Damages in a Core Adversary Proceeding (hereinafter "Amended Complaint"). Appearing at the hearing were Bradford W. Botes, attorney for the Debtor, and...
MEMORANDUM OPINION JAMES J. ROBINSON , Chief Bankruptcy Judge . Introduction Automation Support, Inc. d/b/a Technical Support ("Support") and its sister corporation, Soyokaze, Inc. ("Soyokaze" and together with Support, the "Plaintiffs"), alleged that their former employee and human resources coordinator, Becky Wallace (a co-debtor in the underlying bankruptcy case and herein, "Becky"), willfully and maliciously abused her human resources responsibilities, causing them to suffer...
AMENDED AND RESTATED MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER 1 JENNIFER H. HENDERSON , Bankruptcy Judge . On September 11, 2017, Denise P. Arrington ("Arrington"), the plaintiff in the above-captioned adversary proceeding ("AP") and the debtor in the above-captioned bankruptcy case (the "Case"), filed a complaint for injunctive relief (AP Doc. 1) (the "Original Complaint") 2 and a motion for temporary restraining order (AP Doc. 2) (the "TRO Motion")....
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER JENNIFER H. HENDERSON , Bankruptcy Judge . On September 11, 2017, Denise P. Arrington ("Arrington"), the plaintiff in the above-captioned adversary proceeding ("AP") and the debtor in the above-captioned bankruptcy case (the "Case"), filed a complaint for injunctive relief (AP Doc. 1) (the "Original Complaint") 1 and a motion for temporary restraining order (AP Doc. 2) (the "TRO Motion"). In the Complaint and...
MEMORANDUM OPINION Clifton R. Jessup, Jr. , United States Bankruptcy Judge . This Adversary Proceeding came before the Court beginning on May 24, 2017 for Trial on the Amended and Restated Complaint to Determine Dischargeability of Obligations Pursuant to 11 U.S.C. 523 filed by Westlake Flooring Company, LLC d/b/a Westlake Flooring Services (hereinafter the "Plaintiff" or "Westlake Flooring") and on the Amended Counterclaim filed by Michelle Feathers Staggs (hereinafter the "Defendant"...
MEMORANDUM OPINION TAMARA O. MITCHELL , Bankruptcy Judge . This case came before the Court on April 11, 2017, for trial 1 on the Complaint against Wells Fargo Bank, N.A., filed by Wallace Anger, Jr. Appearing before the Court were Michael J. Antonio, Jr., attorney for Mr. Anger; D. Keith Andress and Catherine Crosby Long, attorneys for Wells Fargo Bank, N.A.; Wallace Anger, Jr., Debtor; and Kathleen Gallant, Andrea Graham, and Brooke Bosier, witnesses. This Court has jurisdiction...
MEMORANDUM OPINION TAMARA O. MITCHELL , Bankruptcy Judge . This case came before the Court on April 10, 2017, for trial 1 on the Motion for Relief from the Automatic Stay filed by Charlie, Inc. d/b/a Serra Hyundai, the Debtor's Opposition to Motion for Relief from Stay, confirmation of the Debtor's Chapter 13 Plan, the Objection to Confirmation of Debtor's Chapter 13 Plan filed by Charlie, Inc. d/b/a Serra Hyundai, and the Debtor's Response to Objection to Plan. Appearing before the...
Memorandum of Decision D. SIMS CRAWFORD , Bankruptcy Judge . This case came before the Court on March 16, 2017, for trial on the Plaintiffs Alvin Johnson and Carole D. Johnson's Complaint for Civil Contempt and Violations of the Discharge Injunction and the Defendant Lisa Antoine's Counterclaim. Appearing before the Court were Oscar W. Adams, III and Roderick Walls for the Johnsons and Lisa Antoine, Pro Se. This Court has jurisdiction pursuant to 28 U.S.C. 1334(b), 151, and 157(a) and...
OPINION AND ORDER GRANTING MOTION FOR RELIEF FROM STAY JAMES J. ROBINSON , Bankruptcy Judge . This chapter 12 case came before the court on January 31, 2017 for an evidentiary hearing on the Motion for Relief from Stay ("Motion" Doc. 15) filed by Carol Oakes as Executrix of the Estate of John T. Oakes, deceased ("Oakes"). Appearances were made by Carla M. Handy, attorney for the debtor, Mountain Farms, LLC ("Mt. Farms"); Michael E. Bybee, attorney for Oakes; and Joshua Johnson, attorney...
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , Bankruptcy Judge . This case came before the Court on January 10, 2017, for trial 1 on the Motion of Creditor Red Mountain Restaurant Group, LLC (I) for Leave to File a Nondischargeability Complaint Under 11 U.S.C. 523(C) and 727(a)(4)(A); (II) Extending the Time Under Bankruptcy Rules 4007 and 9006 for Filing a Nondischargeability Complaint, and (III) to Delay Entry of Discharge Order Pending Determination of the Foregoing (the "Motion"...
OPINION AND ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT JAMES J. ROBINSON , Bankruptcy Judge . This case came before the Court on the Motion for Relief from Judgment or Order ("Motion" Doc. 70) filed by creditor, Citizens Bank & Trust ("Citizens"). The court conducted a hearing on November 1, 2016, and the parties have since submitted their briefs (Docs. 84, 85, and 86). The court considered the matters of record in its electronic docket pertaining to the instant case and an earlier...
MEMORANDUM OPINION Clifton R. Jessup, Jr. , United States Bankruptcy Judge . Before the Court is the Complaint filed by James Hines, (hereinafter the "Debtor" or "Hines") against Scottsboro Investment Group, LLC (hereinafter the "Defendant" or "SIG") seeking an Order prohibiting the Defendant from exercising a Writ of Execution against homestead property owned by the Debtor and his non-Debtor wife as joint tenants with right of survivorship. Also, before the Court is the Debtor's...
