Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DIRECTING THE PARTIES TO SHOW CAUSE WHY DEFENDANT'S LIEN OUGHT NOT BE LIMITED TO THE $2,013.63 OWED FOR THE SIX MONTHS PRECEDING ITS LIEN RECORDING ON NOVEMBER 3, 2016 S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff, Adrienne Kearse, the debtor in the main bankruptcy case, Case No. 18-00374, sought by her complaint in this adversary proceeding to strip off the lien of the defendant, Fairfax Village...
Not for Publication in West's Bankruptcy Reporter. AMENDED MEMORANDUM DECISION RE MOTION TO DISMISS SECOND AMENDED COMPLAINT S. MARTIN TEEL, JR. , Bankruptcy Judge . The above-named defendant (referred to here as simply "Wells Fargo") has filed a motion to dismiss the second amended complaint in this adversary proceeding. The second amended complaint alleges that the defendant failed to respond to two Requests Regarding a Statement of Account that Dixon sent to Wells Fargo under D.C....
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE PROPOSED WRITS OF ATTACHMENT AND POSTJUDGMENT INTEREST ON COSTS S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff has filed two proposed writs of attachment regarding the $1,427.18 in costs awarded by the Memorandum Decision and Order re Bill of Costs entered on April 24, 2018, as part of the judgment entered in the plaintiff's favor on September 21, 2017. The proposed writs use a wrong date for...
Not to be published in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE SECOND AMENDED MOTION TO DETERMINE SECURED CLAIM OF GARY COLEMAN PURSUANT TO FED. BANK. RULE 3012 S. MARTIN TEEL, JR. , Bankruptcy Judge . The trustee sold 1319 Fairmont Street, NW, Washington, D.C. 20009 ("Property") free and clear of all liens, with those liens attaching to the proceeds of the sale which, according to the report of the sale (Dkt. No. 331), were $1,757,293.07 after payment of closing...
Not for publication MEMORANDUM DECISION AND ORDER GRANTING MOTION TO REMAND S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor, A V Car & Home, LLC ("AV"), a defendant in this adversary proceeding, removed this adversary proceeding from the Superior Court of the District of Columbia where it was pending as a civil action (Case No. 2016-CA-004991 R(RP)). The plaintiff, Welch Family Limited Partnership Four ("Welch Four"), has moved to remand the proceeding to the Superior Court. Welch...
NOT FOR PUBLICATION S. MARTIN TEEL, JR. , Bankruptcy Judge . MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO RECONSIDER BUT GRANTING DEFENDANT'S MOTION TO AMEND FACTUAL RECITATIONS OF COURTS MEMORANDUM DECISION AND ORDER RE ABSTENTION The court entered a Memorandum Decision and Order re Abstention (Dkt. No. 19) on October 2, 2018, wherein the court held that it would abstain from hearing the state law issue of damages in a civil case still pending in the Superior Court for...
Not for Publication MEMORANDUM DECISION RE MOTION TO DISMISS SECOND AMENDED COMPLAINT S. MARTIN TEEL, JR. , Bankruptcy Judge . The above-named defendant (referred to here as simply "Wells Fargo") has filed a motion to dismiss the second amended complaint in this adversary proceeding. The second amended complaint alleges that the defendant failed to respond to two Requests Regarding a Statement of Account that Dixon sent to Wells Fargo under D.C. Code 28:9-210 in February and June of...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DENYING MOTION FOR AUTHORITY TO SELL PROPERTY OF THE BANKRUPTCY ESTATE AND CO-OWNER FREE AND CLEAR OF ANY AND ALL LIENS PURSUANT TO 363 OF THE BANKRUPTCY CODE S. MARTIN TEEL, JR. , Bankruptcy Judge . The Chapter 7 trustee's Motion for Authority to Sell Property of the Bankruptcy Estate and Co-Owner Free and Clear of Any and All Liens and Interests Pursuant to 11 U.S.C. 363 (Dkt. No. 292) seeks to sell...
Not for Publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff, BMW Bank of North America, N.A. (the "Bank"), seeks, pursuant to its motion for summary judgment, an entry of a judgment against the defendant, Cornell Stone, for $90,217.31, with a declaration that the debt is nondischargeable and thus unaffected by Stone's discharge in the bankruptcy case in which this...
MEMORANDUM DECISION AND ORDER RE MOTION FOR SANCTIONS S. MARTIN TEEL, JR. , Bankruptcy Judge . Teodora Aureliana Simu is a creditor in this bankruptcy case. Simu, through her attorney, Matthew August LeFande, filed a Motion to Convert Chapter Seven to Chapter Eleven (Dkt. No. 151), renewing contentions that this court had already rejected in disposing of other litigation in this case. The debtor, Sharra Neves Carvalho, then filed a Motion for Sanctions (Dkt. No. 187) and an...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE ABSTENTION S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff, Sarah J. Landise, filed the complaint initiating this adversary proceeding on May 24, 2018, seeking an order from this court holding that a debt that is the subject of a civil action that is pending in the Superior Court of the District of Columbia against the debtor, Thomas A. Muaro, is nondischargeable under 11 U.S.C. 523(a)(6). The court sua sponte raised the issue...
Not for publication in West's Bankruptcy Reporter. S. MARTIN TEEL, JR. , Bankruptcy Judge . MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO RECONSIDER ORDER DISMISSING COUNTS II AND III OF THE ADVERSARY COMPLAINT The debtor/plaintiff, Stuart Mills Davenport, has filed Plaintiff-Debtor's Motion to Reconsider Order Dismissing Counts II & III of the Adversary Proceeding (" Motion to Reconsider ") (Dkt. No. 31) seeking to have Counts II and III of the complaint...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO CONVERT CHAPTER SEVEN TO CHAPTER ELEVEN S. MARTIN TEEL, JR. , Bankruptcy Judge . This addresses the Motion to Convert Chapter Seven to Chapter 11 (Dkt. No. 151) filed by a creditor, Teodora Aureliana Simu, seeking to convert this case to a case under Chapter 11 of the Bankruptcy Code (11 U.S.C.). The court held a trial on the Motion to Convert and, at the close of Simu's presentation of evidence, the debtor, Sharra Neves Carvalho,...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DISMISSING AMENDED COMPLAINT WITH LEAVE TO FILE SECOND AMENDED COMPLAINT AS TO CAUSE OF ACTION I S. MARTIN TEEL, JR. , Bankruptcy Judge . The above-named defendant (referred to here as simply "Wells Fargo") has filed a motion to dismiss this adversary proceeding. The plaintiff, Dorita Dixon, failed to timely respond to the motion to dismiss. Later, on the date of the scheduling conference in this adversary...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE MOTION FOR RELIEF FROM STAY S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor's landlord's motion for relief from the automatic stay to proceed with an eviction proceeding regarding the debtor's leased property used, according to the debtor's schedules as a laundromat, will be granted. The debtor's lease has been rejected under 11 U.S.C. 365(d)(4) by reason of the debtor's failure to assume the lease within 120...
Not for Publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE OBJECTION TO HOMESTEAD EXEMPTION S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor, Max E. Salas, has claimed an exemption under D.C. Code 15-501(a)(14) of the real property located at 1610 Riggs Place, NW, Washington, D.C. (the "Property") even though he is not the record owner of the Property in the District of Columbia land records. For the reasons stated below, I will overrule the pending objection...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR. , Bankruptcy Judge . The defendant, Nationstar Mortgage, has moved for summary judgment as to the parts of the complaint that by prior decisions the court is treating as an objection to Nationstar's proof of claim. The motion will be granted, but I will grant the plaintiff, Karen Susan Richardson, leave to amend her complaint, and to supplement her opposition to Nationstar's...
Not for publication FURTHER MEMORANDUM DECISION AND ORDER RE DISMISSAL OF OR ABSTENTION REGARDING CERTAIN CLAIMS S. MARTIN TEEL, JR. , Bankruptcy Judge . On May 25, 2018, the court entered an order (Dkt. No. 24) requiring the plaintiff/debtor, Karen Richardson, to show cause why the court ought not abstain from hearing certain claims in the complaint. Richardson filed a response (Dkt. No. 29) and a supplemental response (Dkt. No. 30) in response to the court's order. Richardson did not...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE TRUSTEE'S LINE TO REISSUE SUMMONS AGAINST REAGG LLC S. MARTIN TEEL, JR. , Bankruptcy Judge . The trustee has filed a motion under Rule 4(m) of the Federal Rules of Civil Procedure, made applicable to bankruptcy under Rule 7004 of the Federal Rules of Bankruptcy Procedure, to allow him to make service on the defendant Recycled Aggregates, LLC now known as ReAgg LLC ("ReAgg"). The motion will be granted in the exercise of the court's...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE TRUSTEE'S LINE TO REISSUE SUMMONS AGAINST THE SHELTON GROUP, LLC S. MARTIN TEEL, JR. , Bankruptcy Judge . The trustee has filed Trustee's Line Requesting Reissuance of Summons Against The Shelton Group, LLC a/k/a Shelton Group LLC (" Line Request ") (Dkt. No. 39). The defendant Clark Construction Group ("Clark") has opposed the reissuance of the summons under Fed. R. Civ. P. 4(m), made applicable under Fed. R. Bankr. P. 7004. For the...
