Not for Publication MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS S. MARTIN TEEL, JR. , Bankruptcy Judge . All of the defendants have moved to dismiss this adversary proceeding. One defendant, S.B. Ballard Construction Company ("Ballard"), has filed a Motion to Dismiss (Dkt. No. 15) pursuant to Fed. R. Civ. P. 12(b)(6), made applicable to bankruptcy under Fed. R. Bankr. P. 7012. The remaining defendants, Turner Construction Company ("Turner"), Tompkins/Ballard...
Not for Publication MEMORANDUM DECISION AND ORDER RE MOTION FOR RECONSIDERATION S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff has filed a timely Motion for Reconsideration (Dkt. No. 24) (" Motion ") pursuant to Fed. R. Bankr. P. 9023, which will be treated as a Fed. R. Civ. P. 59(e) motion to alter or amend a judgment. For the reasons that follow, the plaintiff's Motion will be denied. I FACTS The plaintiff's Motion seeks reconsideration of the court's judgment in the...
Not for publication MEMORANDUM DECISION AND ORDER RE APPLICATION TO PAY CONVERSION FEE IN INSTALLMENTS S. MARTIN TEEL, JR. , Bankruptcy Judge . The fee for converting this case from chapter 13 to chapter 11 may be paid in installments, with the petition date being treated as September 26, 2017, the date of filing of the original petition under chapter 13. See In re Harris, 2008 WL 458730 (Bankr. D.D.C. 2008). However, the time period for paying in installments under Fed. R. Bankr. P....
Not for publication MEMORANDUM DECISION AND ORDER CLOSING CASE AND DISCHARGING TRUSTEE S. MARTIN TEEL, Jr. , Bankruptcy Judge . In the Memorandum Decision re Simu's Motion to Remove Estate Trustee and Motion for Leave to Sue Trustee, I stated that: out of an abundance of caution I will limit the order pursuant to this decision to denial of the motions to remove Ross as trustee and for leave to sue him, and not close the case until the disposition of the motion to convert the case to...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DENYING MOTION SEEKING TO MODIFY CONSENT ORDER REGARDING AUTOMATIC STAY S. MARTIN TEEL, JR. Bankruptcy Judge . The debtor has filed a motion seeking relief from a consent order modifying the automatic stay of 11 U.S.C. 362(a) pursuant to which the debtor was required to make certain payments in order for the automatic stay to remain in place with respect to its mortgagee. The debtor defaulted in making a...
Not for publication MEMORANDUM DECISION AND ORDER RE AMENDED MOTION TO REOPEN CASE S. MARTIN TEEL, JR. , Bankruptcy Judge . It appears that the real motivation for the debtor's amended motion to reopen this case is that the debtor is being sued by Lily Walton for a debt allegedly owed to her incident to their joint obligations incurred pursuant to a contract they entered into to purchase a piano. The debtor assumes that reopening the case and scheduling Walton as a creditor is necessary...
Not for publication MEMORANDUM DECISION AND ORDER DENYING MOTION TO REMOVE TRUSTEE S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a Motion to Remove Chapter 13 Standing Trustee for Good Cause Pursuant to 11 U.S.C. 324 (Dkt. No. 49). The Motion 's allegations of misconduct by the trustee do not suffice to show cause under 11 U.S.C. 324(a) to remove the trustee. Only three allegations warrant some discussion. First, the Motion alleges that the trustee falsely...
MEMORANDUM DECISION AND ORDER RE MOTION TO SELL S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor, as a debtor in possession exercising the powers of a trustee, filed a motion for an order, pursuant to 11 U.S.C. 363(b)(1) and 363(f), Rule 6004 of the Federal Rules of Bankruptcy Procedure, and Local Bankruptcy Rule 6004-1, authorizing the sale to NOVO Development Corporation ("NOVO"), free and clear of liens and interests other than existing tenant leases, of the debtor's real property...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION RE OBJECTION TO PROOFS OF CLAIM OF DC WATER S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has objected to the proofs of claim of the DC Water & Sewer Authority on the basis that they improperly assert that the claims are for taxes entitled to priority. I will sustain the objection for the following reasons. For the billing period straddling the petition date, each of the proofs of claim includes a prorated...
MEMORANDUM DECISION AND ORDER RE DEBTOR'S OBJECTION TO BRANCH BANKING & TRUST COMPANY'S PROOF OF CLAIM S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has filed an objection to the proof of claim filed by Branch Banking & Trust Company ("Creditor") claiming a security interest on the closet system in the debtor's home (Dkt. No. 29). The debtor claims that because the property is a fixture, the Creditor does not have a secured interest in the property, but a general unsecured interest....
MEMORANDUM DECISION RE SIMU'S MOTION TO REMOVE ESTATE TRUSTEE AND MOTION FOR LEAVE TO SUE TRUSTEE S. Martin Teel, Jr. , United States Bankruptcy Judge . Teodora Aureliana Simu has filed a Unified Motion to Dismiss Bankruptcy Case for Bad Faith Motion to Remove Estate Trustee Motion for Leave to Sue the Estate Trustee (Dkt. No. 131), incorporating an earlier Motion to Remove Estate Trustee (Dkt. No. 111) and an earlier Motion for Leave to Sue Estate Trustee (Dkt. No. 112). 1...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER REGARDING WAIVING REOPENING FEE S. MARTIN TEEL, JR. Bankruptcy Judge . The court will waive the reopening fee that arose when the trustee filed a motion to reopen this case even though the trustee later recovered funds from which the reopening fee could be paid. I The case was reopened to permit the chapter 7 trustee to pursue a collection of funds. The trustee did not pay the reopening fee under item 11 of...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION SUPPLEMENTING COURT'S ORAL DECISION REGARDING PROPOSED SALE S. MARTIN TEEL, Jr. , Bankruptcy Judge . This supplements the court's oral decision regarding the motion of Bryan Ross, the chapter 7 trustee, to sell the claims of the debtor, Quivus Systems, LLC ("Quivus Systems"), against John Harrison, Quivus Holdings, LLC, and Gazuntite, LLC, to Soroof International, Inc. ("Soroof"), the majority shareholder of the debtor....
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE MOTION FOR DEFAULT JUDGMENT S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the plaintiff's unopposed motion for default judgment. The plaintiff recovered a default judgment against the debtor in the Superior Court of the District of Columbia with respect to Counts II and III of its complaint in that court. The plaintiff seeks here a declaration that the judgment debt is nondischargeable. The...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER OVERRULING OPPOSITION TO REQUEST FOR ENTRY OF DEFAULT S. MARTIN TEEL, Jr. , Bankruptcy Judge . The defendant filed an opposition to the plaintiff's request of September 5, 2017, for entry of default, arguing that service of the summons and complaint was untimely under Fed. R. Civ. P. 4(m). For the following reasons, the opposition to the request for entry of default will be overruled. The complaint in this...
MEMORANDUM DECISION AND ORDER RE THE PRO RATA DISTRIBUTION OF THE DEBTOR'S ESTATE S. MARTIN TEEL, Jr. , Bankruptcy Judge . On August 18, 2016, Wendell W. Webster, the chapter 7 trustee ("Trustee"), filed Trustee's Final Report (Dkt. No. 1290) that proposed a final distribution of the remaining $340,550.89 left in the bankruptcy estate toward payment of administrative claims. On September 20, 2016, the court issued an Order to Show Cause why Court Ought not Require Filing of an Amended...
Not for publication MEMORANDUM DECISION SUPPLEMENTING ORAL DECISION REGARDING THE CONVERSION OR DISMISSAL OF THIS CASE S. MARTIN TEEL, Jr. , Bankruptcy Judge . This supplements the court's oral decision of September 13, 2017, regarding converting or dismissing this case. The evidence at the hearing established that there is a "substantial or continuing loss" within the meaning of 11 U.S.C. 1112(b)(4)(A). The debtor receives $900 a month from the U.K. pursuant to a license of...
Not for Publication MEMORANDUM DECISION AND ORDER RE MOTIONS IN LIMINE S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has filed a motion in limine (Dkt. No. 154) requesting that the court prohibit his creditors, Babak Djourabchi and Monica Welt ("creditors"), from offering claims for attorneys' fees and another motion in limine (Dkt. No. 156) to require plan payments be applied to interest and principal. The debtor also asks the court to clarify the application of the $26,422.90...
Not for Publication MEMORANDUM DECISION AND ORDER RE MOTION FOR AN EXTENSION OF TIME FOR THE SMITHSONIAN TO RESPOND TO THE TRUSTEE'S SUBPOENA, OR ALTERNATIVELY, FOR RECONSIDERATION OF THE COURT'S DECISION. S. MARTIN TEEL, Jr. , Bankruptcy Judge . The Smithsonian Institution ("the Smithsonian") filed a motion (Dkt. No. 170) on August 9, 2017, in which it seeks to extend to September 18, 2017, the time to comply with the subpoena issued by the chapter 7 trustee to the Smithsonian that was...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER REQUIRING THE DEBTOR'S ATTORNEY TO FILE A FURTHER AMENDED RULE 2016(b) STATEMENT S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor's attorney's amended Rule 2016(b) statement attaches a retention agreement 1 in which it is stated: 4. The Coyle Law Group It is expressly understood and agreed that Michael Coyle of the The Coyle Law Group, LLC ("CLG") will work on your case and a motion for pro hac vice...
