ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANTS AND DENYING SUMMARY JUDGMENT TO PLAINTIFF MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the motions of Plaintiff and Defendants for summary judgment. 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 matters are core proceedings pursuant to 28 U.S.C. 157 and the Court has the authority to enter a final order. For the reasons...
ORDER DENYING THE DEFENDANTS' MOTION TO RECONSIDER AND GRANTING IN PART AND DENYING IN PART THE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT MARGARET A. MAHONEY, Bankruptcy Judge. At issue are the Defendants' motions to reconsider and for partial summary judgment. The Trustee's opposes the relief requested in both motions. This court has jurisdiction to hear and finally decide these matters pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. For the...
ORDER DENYING THE UNITED STATES OF AMERICA'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court pursuant to the United States of America's Motion for Partial Judgment on the Pleadings or, in the alternative, Partial 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...
ORDER GRANTING THE DEFENDANTS' MOTION FOR RECONSIDERATION AND GRANTING IN PART AND DENYING IN PART THE TRUSTEE'S MOTION FOR RECONSIDERATION MARGARET A. MAHONEY, Bankruptcy Judge. At issue are the Defendants' motion to reconsider this court's ruling as to Alleged Transfer 3 and the Trustee's motion to reconsider a different aspect of this court's ruling on Alleged Transfer 3 and to clarify its ruling on Alleged Transfer 2. This court has jurisdiction to hear and finally decide these matters...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART THE TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the court on the Defendants' motions for partial summary judgment and the Trustee's motion for partial summary judgment. 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...
ORDER DENYING HOME BANCSHARES, INC. APPLICATION FOR SUBSTANTIAL CONTRIBUTION CLAIM UNDER 11 U.S.C. 503(B)(3)(D) MARGARET A. MAHONEY, Bankruptcy Judge. This matter is before the Court on Home Bancshares, Inc.'s Application for Substantial Contribution Claim pursuant to 11 U.S.C. 503(b)(3)(D). Alesco Preferred Funding XV, Ltd., through its collateral manager, ATP Management LLC, objected to the claim. The debtor, the Bankruptcy Administrator, and a creditor, Rodney A. Pilot, supported the...
ORDER DENYING DEFENDANT'S REQUEST FOR CERTIFICATION FOR IMMEDIATE APPEAL MARGARET A. MAHONEY, Bankruptcy Judge. At issue is Defendant Wells Fargo Bank, N.A.'s ("Wells Fargo" or "Defendant") request for certification for immediate appeal, which is made pursuant to 28 U.S.C. 158(a)(3) and (d)(2)(A)-(E). 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)(...
ORDER GRANTING CREDITOR'S MOTION FOR ALLOWANCE OF AN ADMINISTRATIVE CLAIM MARGARET A. MAHONEY, Bankruptcy Judge. This matter is before the court pursuant to Creditor Jonathan Gray's Motion to Allow Administrative Claim. 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 is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and this court has authority to enter a final order. For the reasons discussed...
ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION MARGARET A. MAHONEY, Bankruptcy Judge. This case involves the affidavit preparation, signing and filing practices of Wells Fargo Home Mortgage, Inc. through its employees and law firms representing it over the period from 1996 through 2008 in the Southern District of Alabama Bankruptcy Court. The plaintiffs assert that the practices of the defendant and its representatives were so pervasively improper or fraudulent as to require relief...
ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION MARGARET A. MAHONEY, Chief Judge. This case involves the affidavit preparation, signing and filing practices of Wells Fargo Home Mortgage, Inc. through its employees and law firms representing it over the period from 1996 through 2008 in the Southern District of Alabama Bankruptcy Court. The plaintiffs assert that the practices of the defendant and its representatives were so pervasively improper or fraudulent as to require relief...
