MEMORANDUM OPINION AND ORDER D. SIMS CRAWFORD , United States Bankruptcy Judge . This matter came before the Court on the Motion to Transfer Venue to the United States District Court for the Southern District of California (the "Motion to Transfer") filed by defendant Vestavia Hills Ltd. d/b/a Mount Royal Towers ("Vestavia Hills") (doc. 2), the Motion to Remand and/or for Abstention (the "Motion to Remand") filed by plaintiff Commonwealth Assisted Living, LLC, Series E ("Commonwealth") (...
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , United States Bankruptcy Judge . This adversary proceeding came before the Court on December 16, 2019, for a hearing on the Defendant's Motion for Summary Judgment, the Plaintiff's Response to Motion for Summary Judgment, the Motion to Strike Response to Defendant's Motion for Summary Judgment, and for a status conference on the pretrial conference and on the Defendant's Motion for Sanctions. 1 Appearing before the Court were Jerome...
MEMORANDUM OPINION JAMES J. ROBINSON , Chief Bankruptcy Judge . Introduction The Debtor and the Chapter 13 Trustee (the "Plaintiffs") commenced this adversary proceeding against Ditech Financial, LLC ("Ditech") pursuant to Bankruptcy Code (the "Code") 544(a)(1) and (a)(2) to avoid a security interest Ditech claims in the Debtor's double-wide 1996 Fleetwood mobile home (the "Mobile Home"). 1 Those Code sections read as follows: (a) The trustee shall have, as of the commencement of the...
MEMORANDUM OPINION PARTIALLY AVOIDING REDSTONE FEDERAL CREDIT UNION'S JUDICIAL LIENS CLIFTON R. JESSUP, JR. , Bankruptcy Judge . This case is before the Court on Debtors' Motions to Avoid two judicial liens held by Redstone Federal Credit Union (hereinafter "Redstone"). The Debtors contend that their principal residence has a fair market value of $110,000 and argue that there is no non-exempt equity in the property to which Redstone's judicial liens may attach. Accordingly, the Debtors...
MEMORANDUM OPINION JAMES J. ROBINSON , Chief Bankruptcy Judge . I—Introduction In the fall of 2017 Lisa Watson ("Watson") filed a lawsuit in the Circuit Court of St. Clair County, Alabama (the "Circuit Court") 1 claiming that Nadine Evette Lanier (the "Debtor"), trespassed on and injured her property. After a trial, the Circuit Court entered an Order (the "Order") 2 awarding Watson damages, attorney's fees and injunctive relief. The Debtor then filed chapter 7 bankruptcy in an attempt...
