ORDER SUSTAINING OBJECTION (DOC. 27) IN PART AND CONTINUING HEARING ON OBJECTION FOR ADDITIONAL INFORMATION HENRY A. CALLAWAY , Chief Bankruptcy Judge . The court held a hearing on the debtors' objection (doc. 27) to claim no. 16 of Wells Fargo Bank, N.A. Wells Fargo filed claim no. 16 as secured by a gas heating and air conditioning system ("the air conditioner"). The debtors asked the court to reclassify the claim as unsecured. Wells Fargo filed a response to the objection and the...
ORDER SUSTAINING OBJECTIONS TO CONFIRMATION (DOCS. 17, 57) AND GRANTING MOTION TO DETERMINE APPLICABILITY OF STAY (DOC. 18) HENRY A. CALLAWAY , CHIEF U.S. BANKRUPTCY JUDGE . This case came before the court for an evidentiary hearing on January 24, 2020 on the objections to confirmation (docs. 17, 57) and motion to determine the applicability of the automatic stay (doc. 18) filed by TitleMax of Alabama, Inc. ("TitleMax"). The court heard testimony from the debtor Christopher Dawan...
ORDER OVERRULING OBJECTION TO CLAIM (DOC. 181) HENRY A. CALLAWAY , Chief Bankruptcy Judge . The chapter 7 trustee objected to the secured portion of claim no. 7 filed by creditor First Heritage Credit because the claim is "for indebtedness and other household goods which are not property of the estate." For the reasons discussed below, the court overrules the objection without prejudice. "The filing of a bankruptcy petition under Chapter 7 creates a bankruptcy `estate' generally...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL HENRY A. CALLAWAY , Chief Bankruptcy Judge . This case came before the court for trial on December 6, 2019 on the limited issue of the plaintiff Deborah Keeton's nondischargeability claim pursuant to 11 U.S.C. 523(a)(6) against the defendant-debtor Joseph Norman Short, Jr. related to a state court judgment for trespass. Ms. Keeton requests that the court find that the debt owed to her is nondischargeable in Mr. Short's chapter 7...
