MEMORANDUM OPINION JAMES P. SMITH , Chief Bankruptcy Judge . In this adversary proceeding, Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc. as servicing provider for Strategic Nationwide Funding ("Kapitus") seeks to have its claim against Debtor declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A), (a)(2)(B), (a)(4) and (a)(6). The matter came on for trial on September 17, 2019. 1 At the conclusion of the evidence, the Court requested that the parties...
MEMORANDUM OPINION JAMES P. SMITH , Chief Bankruptcy Judge . In this adversary proceeding, Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc. as servicing provider for Strategic Nationwide Funding ("Kapitus") seeks to have its claim against Debtor declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A), (a)(2)(B), (a)(4) and (a)(6). The matter came on for trial on September 17, 2019. 1 At the conclusion of the evidence, the Court requested that the parties...
MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SANCTIONS John T. Laney, III , United States Bankruptcy Judge . The above styled case came before the Court after John Woodruff, Debtor, filed an adversary proceeding against Trustee Walter Kelley, Defendant, both individually as well as in his official capacity as Trustee. (Complaint, A.P. No. 1, Amended Complaint, A.P. No. 18; Defendant's Motion for Sanctions, Doc. 300). In his complaint, Debtor asserts that the Trustee received funds Debtor...
MEMORANDUM OPINION James P. Smith , United States Bankruptcy Judge . In these consolidated adversary proceedings, Plaintiff seeks a determination that Defendants' debts are nondischargeable under 11 U.S.C. 523(a)(4) and (6). Defendants have filed motions to dismiss Plaintiff's complaints. The Court, having considered the motions to dismiss, the complaints, the briefs of counsel and the applicable law, now publishes this memorandum opinion. Motion to Dismiss Standard As Judge Laney...
MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT John T. Laney, III , United States Bankruptcy Judge . The above styled case came before the Court on cross-motions for summary judgment. (Pl.'s Mot. for Summ. J., A.P. No. 18; Def.'s Mot. for Summ. J., A.P. No. 27). In this case, the Chapter 7 Trustee, Walter Kelley, asserts an action under 11 U.S.C. 544(a)(3) to avoid a transfer made from the Debtors to the Defendants, Jack Goforth...
MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JOHN T. LANEY, III , Bankruptcy Judge . The above styled case came before the Court on cross-motions for summary judgment. (Pl.'s Mot. for Summ. J., A.P. No. 18; Def.'s Mot. for Summ. J., A.P. No. 27). In this case, the Chapter 7 Trustee, Walter Kelley, asserts an action under 11 U.S.C. 544(a)(3) to avoid a transfer made from the Debtors to the Defendants, Jack Goforth and Lana...
MEMORANDUM OPINION DENYING DEFENDANTS' RULE 12(b)(6) MOTIONS TO DISMISS JOHN T. LANEY, III , Bankruptcy Judge . In this adversary proceeding, the Plaintiff, Scott Allen Sheffield ("Sheffield"), seeks an order determining his debt to the Defendants, a consolidated educational loan, is dischargeable pursuant to 11 U.S.C. 523(a)(8). The case is currently before the Court on a Motion to Dismiss originally filed by Defendant the United States of America on behalf of the Department of...
MEMORANDUM OPINION Austin E. Carter , United States Bankruptcy Judge . Before the Court is Defendant's Motion for Summary Judgment (Doc. 17), seeking a determination that Plaintiff's claim is dischargeable, and does not fall within the ambit of either 11 U.S.C. 523(a)(6) or (a)(2)(A), as alleged by Plaintiff. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). Pursuant to Federal of Civil Procedure ("Rule") 56(a), made applicable to this adversary proceeding by Federal...
MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS BASED ON THE STATUTE OF LIMITATIONS DEFENSE John T. Laney, III , United States Bankruptcy Judge . Before the Court is the Defendant's Motion to Dismiss under Federal Rule of Civil Procedure 12, made applicable to this proceeding under Federal Rule of Bankruptcy Procedure 7012. 1 The Defendant's motion raises the issue of whether the Trustee's causes of action in this case, transfer avoidance under 11 U.S.C. 547 & 548, are time barred...
MEMORANDUM OPINION SUSTAINING CREDITOR CAPITAL ASSET RECOVERY, dba, CRS, LLC.'S OBJECTION TO CONFIRMATION John T. Laney, III , United States Bankruptcy Judge . This matter came before the Court after Creditor Capital Asset Recovery, dba, CRS, LLC. ("CRS") filed an objection to the Debtors' proposed Chapter 13 plan. Specifically, CRS objected to the Debtors' cram-down of its secured claim. This raises the issue of whether the undesignated paragraph following 11 U.S.C. 1325(a)(9), often...
MEMORANDUM OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT John T. Laney, III , United States Bankruptcy Judge . This matter came before the Court on a Motion for Summary Judgment ("the Motion") filed by the Defendant ("McCutcheon"). The Plaintiff ("Kupersmith") brought this adversary proceeding under 11 U.S.C. 1330(a), seeking revocation of the Court's August 8, 2018 order confirming McCutcheon's Chapter 13 plan (Bankr. Doc. No. 24). In the Motion, McCutcheon makes four...
MEMORANDUM OPINION DENYING DEFENDANT'S RULE 12(b) MOTION TO DISMISS JOHN T. LANEY, III , Bankruptcy Judge . This matter came before the Court on the Defendant's (Nichols), Rule 12(b) Motion to Dismiss (the Motion). (A.P. Doc. No. 7). Nichols filed the Motion prior to filing his answer and asserted the Motion under Federal Rule of Bankruptcy Procedure 7012, which incorporates Federal Rule of Civil Procedure (FRCP) 12. For the reasons below, the Court denies the Motion. Plaintiff Esmeralda...
MEMORANDUM OPINION JAMES P. SMITH , Bankruptcy Judge . PROCEDURAL POSTURE On November 28, 2018, the Court held a confirmation hearing on Debtors' modified Chapter 13 plan. In this opinion, and for the reasons explained below, the Court will only address the issue of whether Debtors filed their Chapter 13 petition in good faith. 11 U.S.C. 1325(a)(7). At the hearing, the Court initially stated that it would also consider whether the modified plan was proposed in good faith ( 1325(a)(3))...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT John T. Laney, III , United States Bankruptcy Judge . In this adversary proceeding, Walter Kelley, the Chapter 7 Trustee ("the Trustee"), seeks an order determining the enforceability of a security interest that encumbers the Debtor's real property in Thomas County, Georgia. (Compl., A.P. No. 1). The Trustee argues that, because he may claim the interest of a bona fide...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT John T. Laney, III , United States Bankruptcy Judge . The above styled case came before the Court on cross-motions for summary judgment. (Pl.'s Mot. for Summ. J., A.P. No. 10; Def.'s Mot. for Summ. J., A.P. No. 9). In this case, the Chapter 7 Trustee, Walter Kelley, asserts an action under 11 U.S.C. 547 to avoid a transfer made from the Debtors to the Defendant,...
MEMORANDUM OPINION ON THE DEBTOR'S MOTION TO SET ASIDE, RECONSIDER OR RE-HEAR JOHN T. LANEY, III , Bankruptcy Judge . On September 27, 2018, the Debtor filed a Motion to Set Aside, Reconsider or Re-Hear ("the Motion") (Doc. No. 236). The Debtor sought reconsideration of all of the Court's orders entered between April 16 and August 29, 2018. Those orders include: (1) the Order Denying the Debtor's Motion for Turnover, Damages and Sanctions (Doc. No. 213); (2) the Order Granting the Trustee'...
JUDGMENT FOR DEFENDANT John T. Laney, III , United States Bankruptcy Judge . The Court tried the above styled case 1 between September 19 and September 27, 2018. The parties consented to the Court's entry of a final order. At the conclusion of the evidence, the Court took this matter under advisement to review the evidence presented and to draft a memorandum opinion. Having carefully reviewed the applicable law and the record in this case, THE COURT ISSUES A JUDGMENT IN FAVOR OF THE...
JUDGMENT FOR DEFENDANT John T. Laney, III , United States Bankruptcy Judge . The Court tried the above styled case 1 between September 19 and September 27, 2018. The parties consented to the Court's entry of a final order. At the conclusion of the evidence, the Court took this matter under advisement to review the evidence presented and to draft a memorandum opinion. Having carefully reviewed the applicable law and the record in this case, THE COURT ISSUES A JUDGMENT IN FAVOR OF THE...
Contested Matter MEMORANDUM OPINION ON DEBTOR'S MOTION FOR CONTEMPT John T. Laney, III , United States Bankruptcy Judge . This matter comes before the Court on the Motion of the Debtor for Contempt ("the Motion") (Dkt. No. 11). In the Motion, the Debtor contends First Franklin Financial Corp. ("First Franklin") violated the automatic stay by retaining a payment the Debtor made voluntarily on a pre-petition debt and by crediting that payment to its pre-petition claim against the Debtor....
MEMORANDUM OPINION ON AgGEORGIA AND JAMES F. CARTER'S CROSS MOTIONS FOR SUMMARY JUDGMENT JOHN T. LANEY, III , Bankruptcy Judge . This case is before the Court on cross Motions for Summary Judgment filed by AgGeorgia Farm Credit, ACA, the Plaintiff ("AgGeorgia"), and James F. Carter, a defendant. Defendants J. Walt Carter (herein "Walt Carter") 1 and Carter and Sons Farms, LLC did not oppose AgGeorgia's Motion for Summary Judgment. 2 The Court heard oral arguments on this matter on May 9,...
