MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for evidentiary hearing on the Motion for Relief from the Automatic Stay (hereinafter "the Motion") filed by U. S. Lawns, Inc. (hereinafter "USL") pursuant to 11 U.S.C. 362 as well as the Debtors' Objections to the Proof of Claims filed by USL. Proper notice of hearing was given and appearances were noted by Attorney Bradford Dempsey on behalf of USL and Attorney Jennifer...
MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTIONS AND DISALLOWING PROOF OF CLAIM NUMBER 32 FILED BY CANDACE LAFORCE JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on the Objections of the Chapter 7 Trustee (Doc. 1009), the IRS (Doc. 1010) and PNC (Doc.1048) to Proof of Claim number 32-2 (the "Claim") filed by Candace LaForce ("Ms. LaForce") and joinders thereto by SCF Barge Line LLC, SCF Boats, LLC (Doc. 1052) and Wells Fargo (Doc. 1054) as well as Ms....
ORDER DENYING DEFENDANT'S MOTION TO DISMISS HENRY A. CALLAWAY , CHIEF U.S. BANKRUPTCY JUDGE . The United States District Court for the Southern District of Alabama referred this case to this court to resolve the defendant's motion to be dismiss (doc. 1-15 1 ) "and all other proceedings, consistent with Article III of the Constitution." ( See order, doc. 1, at p.8). Having carefully reviewed the briefing of the parties, the district court record, and the relevant law, the court denies...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . The Court has before it two matters, Debtor's Objection to Claim of Ocwen Loan Servicing, LLC Servicer for Wells Fargo Bank, National Association as Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2007-OSI (hereinafter "Ocwen"), (Doc. 54), and Ocwen's Amended Objection to Confirmation. (Doc. 88). These Objections have been fully briefed by the parties ( see Docs. 14, 48, 119, 136, 174, 177, 184)...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter is before the Court on the Motion to Dismiss filed by Defendant Levada EF Five, LLC (hereinafter, "Levada"), (Doc. 5), to which the Plaintiff, A. Richard Maples as Chapter 11 Trustee in the matter of In re Charles K. Breland, Jr., 16-2272-JCO, filed his Responses in Opposition thereto (Doc. 23, 28), and Levada's Supplemental Brief in support of its Motion to Dismiss. (Doc. 29). The Motion to Dismiss has...
POST-TRIAL MEMORANDUM OPINION AND ORDER ON COMPLAINT FOR NONDISCHARGEABILITY JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for a trial on April 8, 2019, on the Complaint filed by the United States of America on behalf of its agency, the United States Department of Agriculture, Farm Service Agency (hereinafter referred to as "the USA" or "FSA") against Chapter 7 Debtor and Defendant, Patricia Marlaina Reid (hereinafter referred to as "Debtor" or "Reid")....
MEMORANDUM OPINION AND FINAL JUDGMENT JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter is before the Court on Debtor Plaintiff, Allison Evans' Complaint for damages incurred by her due to the Defendant, Timber Ridge Apartments' violation of the discharge injunction. (Doc. 1). Defendant was served with the Complaint on February 9, 2017. (Doc. 27). Defendant failed to answer or otherwise defend against the Complaint within thirty days of service, and at the Plaintiff's request, this...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on January 29, 2019, on Debtors' Motion to Avoid Judicial Lien. (Doc. 12). Counsel for the Debtor, Francis Hollinger was present. Having considered the relief requested in the Motion, the record as a whole, in addition to the relevant case law, this Court finds that the Motion is due to be DENIED at this time for the following reasons. JURISDICTION This Court has...
