MEMORANDUM DECISION RE DEBTOR'S REVISED MOTION TO DETERMINE FINAL CURE AND PAYMENT S. Martin Teel, Jr. , United States Bankruptcy Judge . This addresses the Debtor's Revised Motion to Determine Final Cure and Payment (Dkt. No. 318), which deals with the claim of Babak Djourabchi and Monica Welt based on an $80,000 promissory note. I The $80,000 promissory note, secured by a security interest in real property of the debtor, called for interest payments only. Had interest payments...
Not for Publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE MOTION TO DISMISS S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the defendant's motion to dismiss the plaintiffs' amended complaint. The amended complaint seeks a determination of nondischargeability and, in the alternative, a denial of discharge. I will deny the motion to dismiss as to Counts Three and Four, and grant the motion as to Counts One, Two, and Five, with leave to amend. I One of the...
Not for Publication MEMORANDUM DECISION RE ESTIMATION OF THE CLAIM OF MR 619 FOR PURPOSES OF VOTING ON THE DEBTOR'S PLAN OF REORGANIZATION S. MARTIN TEEL, Jr. , Bankruptcy Judge . This is the court's decision estimating the claim of MR 619 H Street Capital LLC ("MR 619") for purposes of voting on the most recent plan of reorganization filed by the debtor, Cheng & Company, L.L.C. ("Debtor"). I MR 619 filed a proof of claim in this case asserting a secured claim in the amount of $1,378,...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING APPLICATION TO EMPLOY COUNSEL S. MARTIN TEEL, Jr. , Bankruptcy Judge . This order addresses the application (Dkt. No. 55) filed by the debtor, Linda N. Awkard, as a debtor in possession, to employ Wendell W. Webster as her counsel. I will deny the application. In his affidavit accompanying the application, Webster should have disclosed that he was the chapter 11 trustee in a prior case, In re Ellipsat, Inc., formerly known as...
Not for Publication MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR STATUS HEARING ON REOPENED BANKRUPTCY CASE S. MARTIN TEEL, Jr. , Bankruptcy Judge . A creditor, First American Title Insurance Company T/U/O The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-17 Mortgage Pass-Through Certificates Series 2005-17, Successor in interest to Countrywide Home Loans Inc., et al. ("Bank of New York"), has filed a...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor, Stephen Thomas Yelverton, filed a Notice of Appeal, taking an appeal from this court's: (1) Memorandum Decision and Order Denying Debtor's Motion for Reconsideration Per FRBP Rule 9014(c) and FRCP Rule 54(b) for Avoidance of Judicial Lien Pursuant to 11 U.S.C. 522 (f)(1)(A) and (i), entered September 22, 2015 (Dkt. No. 921); (2)...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DENYING MOTION TO REOPEN CASE S. MARTIN TEEL, Jr. , Bankruptcy Judge . An order of dismissal was entered in this case on July 1, 2014, based upon the debtor's failure to pay the filing fee (Dkt. No. 25). In light of the dismissal, on July 31, 2014, the court discharged the trustee and closed the case. More than one year after the dismissal of the case, the debtor has paid the balance due on the filing fee and...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER REQUIRING THE DEBTOR TO FILE CERTAIN TAX RETURNS S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the Motion to Require Debtor to File Tax Returns filed by Huntington Apartment Associates, LP, seeking an order under 11 U.S.C. 521(f) compelling the debtor to file with the court certain tax returns as specified by that statute. The statute is clear that the court shall order the filing of certain tax returns upon the request of a...
Not for publication MEMORANDUM DECISION AND ORDER REQUIRING THE DEBTOR TO FILE CERTAIN TAX RETURNS S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the Motion to Require Debtor to File Tax Returns filed by Huntington Apartment Associates, LP, seeking an order under 11 U.S.C. 521(f) compelling the debtor to file with the court certain tax returns as specified by that statute. The statute is clear that the court shall order the filing of certain tax returns upon the request of a...
Not for publication MEMORANDUM DECISION AND ORDER DENYING DEBTOR'S MOTION FOR RECONSIDERATION PER FRBP RULE 9014(c) AND FRCP RULE 54(b) FOR AVOIDANCE OF JUDICIAL LIEN PURSUANT TO 11 U.S.C. 522(f)(1)(A) and (i) S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor, Yelverton, seeks reconsideration of this court's Memorandum Decision and Order denying Debtor's Motion for Avoidance of Judicial Lien Pursuant to 11 U.S.C. 522(f)(1)(A) and (i)(1) . I will assume the reader has familiarity...
Not for publication MEMORANDUM DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION PER FRBP RULE 9014(c) AND FRCP RULE 54(b) FOR JUDICIAL NOTICE OF COMMON LAW EQUITABLE LIEN IN FAVOR OF ALEXANDRA NICOLE SENYI de NAGY-UNYOM S. MARTIN TEEL, Jr. , Bankruptcy Judge . The grounds asserted by the debtor Yelverton for seeking reconsideration are without merit. Under McGuirl v. White , 86 F.3d 1232 (D.C. Cir. 1996), cited by Yelverton in seeking reconsideration, a debtor may have standing to...
Not for publication MEMORANDUM DECISION REGARDING MOTION FOR SANCTIONS S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the Motion for Sanctions (Dkt. No. 168) seeking, pursuant to 28 U.S.C. 1927 and Rule 9011 of the Federal Rules of Bankruptcy Procedure, an order "[a]warding the debtor and debtor's counsel the reasonable costs, fees and expenses incurred by the debtor and debtor's counsel" based on certain filings by David Brooks. The Motion for Sanctions must be denied. I...
Not for Publication MEMORANDUM DECISION RE DEBTOR'S MOTION FOR AVOIDANCE OF JUDICIAL LIEN PURSUANT TO 11 U.S.C. 522 (f)(1)(A) AND (i)(1) S. MARTIN TEEL, Jr. , Bankruptcy Judge . The Debtor's Motion for Avoidance of Judicial Lien Pursuant to 11 U.S.C. 522(f)(1)(A) and (i)(1) must be denied. By the Motion , the debtor, Stephen Thomas Yelverton, seeks entry of an order that: the Judicial Lien, entered June 19, 2012, as Docket Entry No. 477, is AVOIDED as impairing the Exemption of the...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE RENEWED MOTION TO REMOVE THE CHAPTER 7 TRUSTEE PER 11 U.S.C. 324 AND MOTION TO DENY ALL FEES AND COMPENSATION TO THE CHAPTER 7 TRUSTEE PER 11 U.S.C. 330 S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the Renewed Motion to Remove the Chapter 7 Trustee per 11 U.S.C. 324 and Motion to Deny All Fees and Compensation to the Chapter 7 Trustee per 11 U.S.C. 330 (Dkt. No. 897) filed by the debtor, Stephen Thomas...
Not for Publication MEMORANDUM DECISION DISMISSING REQUEST FOR JUDICIAL NOTICE OF COMMON LAW EQUITABLE LIEN IN FAVOR OF ALEXANDRA NICOLE SENYI de NAGY-UNYOM S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor, Stephen Thomas Yelverton, has filed a Request for Judicial Notice of Common Law Equitable Lien in Favor of Alexandra Nicole Senyi de Nagy Unyom (Dkt. No. 883), in which he: requests Judicial Notice by the Bankruptcy Court that Alexandra Nicole Senyi de Nagy-Unyom holds, since...
