ORDER GRANTING HERITGAGE FIRST BANK'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the Court pursuant to Heritage First Bank's Motion for Relief from the Automatic Stay. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and the Court has authority to enter a final order. Heritage First...
ORDER GRANTING DEBTOR'S MOTION TO VOLUNTARILY DISMISS CHAPTER 13 PROCEEDING WITH NO INJUNCTION AND DENYING MOTION OF CLYDE BERGEMANN, INC. d/b/a ANTHONY ROSS COMPANY MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the Court pursuant to the Debtor's motion to voluntarily dismiss his Chapter 13 case. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U....
ORDER AWARDING JUDGMENT OF NONDISCHARGEABILITY TO PLAINTIFF MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the Plaintiff's complaint to determine the dischargeability of a debt owed to the Plaintiff by the Debtor. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2)(I). For the reasons indicated below,...
ORDER ON DEBTOR'S MOTION TO AVOID LIEN MARGARET A. MAHONEY, Bankruptcy Judge. This matter is before the Court on the Debtor's motion to avoid a judicial lien pursuant to 11 U.S.C 522(f). This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2)(K). For the reasons indicated below, the Court is setting a further hearing on the...
ORDER DENYING PLAINTIFF'S MOTION TO CERTIFY THE PROPOSED CLASS BUT ALLOWING LEAVE TO AMEND MARGARET A. MAHONEY, Bankruptcy Judge This case involves the affidavit preparation, signing and filing practices of Wells Fargo, its employees, and the law firms representing it over a period from 1996 through 2008 in the Southern District of Alabama Bankruptcy Court. The debtor asserts that the practices were so pervasively improper and/or fraudulent as to require relief for all debtors in this...
ORDER APPROVING FINAL FEE REQUEST OF SILVER, VOIT, & THOMPSON AND SUSTAINING OBJECTION OF TRUSTEE TO ALL FEES REQUESTED FOR WORK DONE AND EXPENSES INCURRED AFTER CONVERSION OF CASE TO A CASE UNDER CHAPTER 7 MARGARET A. MAHONEY, Bankruptcy Judge. This matter is before the Court on the final application for attorney's fees and expenses of Silver, Voit & Thompson for work done as attorneys for the chapter 11 debtor. The court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and...
ORDER DENYING HERITGAGE FIRST BANK'S MOTION TO PROHIBIT USE OF CASH COLLATERAL MARGARET A. MAHONEY, Bankruptcy Judge This matter is before the Court pursuant to the motion of Heritage First Bank to prohibit the Debtor's use of cash collateral in the case of John W. McCombs Jr. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and the Court has...
ORDER DENYING PLAINTIFF'S REQUEST FOR NONDISCHARGEABLE JUDGMENT MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the Court pursuant to the complaint of Plaintiff Constance J. Brockman as to the dischargeability of an alleged debt in the case of Charlie Paul Brockman. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and the Court...
ORDER GRANTING PETITIONING CREDITORS' REQUEST FOR AN ORDER FOR RELIEF AND DENYING REQUEST FOR ABSTENTION MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the trial of the issue of whether an order for relief should be entered in the case against Vista Bella, Inc., pursuant to 11 U.S.C. 303(h) and based upon the involuntary filing by petitioners Thurmon Bell, The Lemoine Company of Alabama, LLC, Washer Hill Lipscomb Cabaniss Architecture, LLC, and William P. Condon....
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND AWARDING JUDGMENT OF NONDISCHARGEABILITY TO DEFENDANT MARGARET A. MAHONEY, Chief Bankruptcy Judge. This case is before the Court on the United States' Motion for Summary Judgment. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons indicated below, the Motion for...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT WILLIAM S. SHULMAN, Bankruptcy Judge This matter is before the Court on the Plaintiff's motion for summary judgment and the Defendant's motion for summary judgment. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. After due consideration of the pleadings and arguments of counsel, the Court makes the following findings of fact and conclusions of law: FINDINGS OF...
ORDER DECLARING DEBT OF NORMAN L. WOERNER TO VISION BANK DISCHARGEABLE IN BANKRUPTCY MARGARET A. MAHONEY, Chief Bankruptcy Judge This case is before the Court for the trial on the merits of the complaint of Vision Bank against Norman L. Woerner for a determination of the dischargeability of Defendant's debt to the Bank pursuant to 11 U.S.C. 523(a)(2)(B). This Court has jurisdiction to hear this case pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ADVERSARY CASE MARGARET A. MAHONEY, Bankruptcy Judge This case is before the Court on Defendants' Motion to Dismiss this adversary case on various grounds. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons indicated below, the Court is...
ORDER GRANTING IN PART AND DENYING IN PART THE DEBTORS' MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND DENYING MOTION TO CERTIFY QUESTION MARGARET A. MAHONEY, Bankruptcy Judge These matters are before the Court on the Debtors' Motion for Preliminary Injunction and Temporary Restraining Order and Motion to Certify Question. The Court has jurisdiction to hear these matters pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. These are...
ORDER ON SUMMARY JUDGMENT WILLIAM S. SHULMAN, Bankruptcy Judge This matter came before the Court on the cross-motions for summary judgment filed by Plaintiff and Defendant. The Court has jurisdiction to hear these matters pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has duly considered the pleadings, briefs, evidence and arguments of counsel. On December 3, 2010, this Court entered a partial summary judgment in favor of Defendant David...
ORDER GRANTING MOTION TO AMEND FINDINGS AND DENYING MOTION TO AMEND JUDGMENT MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the motion of the Plaintiff, Vision Bank, to amend the findings made by the Court in its order entered February 7, 2011. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2) and the Court has the...
ORDER DENYING THE APPLICATION OF EMERIC, INC., FOR ALLOWANCE OF AN ADMINISTRATIVE EXPENSE CLAIM MARGARET A. MAHONEY, Bankrutpcy Judge This case is before the Court on the application of Emeric, Inc., for an order allowing its claim of $38,439.34 as an administrative expense pursuant to 11 U.S.C. 503(a) and (b)(1)(A). This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This matter is a core proceeding...
