MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge This matter arises from the Chapter 7 trustee's objection to Debtor's claim of exemption of an annuity. Upon considering the stipulated facts, the annuity and the arguments of counsel, the Court now publishes this memorandum opinion. BACKGROUND The undisputed facts are that in March 2000, Debtor Nancy Diane Allen 1 was injured in a motor vehicle accident and thereafter asserted a claim for negligence against a third party whose...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge This matter comes before the Court on Defendant Bank of America, N.A.'s motion for summary judgment on a preference claim. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(F). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Undisputed Facts Debtor-...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. This matter comes before the Court on Debtor's Motion To Require Turnover Of Property which was heard on an expedited basis. For purposes of this motion, the parties stipulated the facts set forth herein. Prior to filing for bankruptcy relief, Debtor Troy Eric Crump entered into a series of "pawn transactions" with Title-Max of Georgia, Inc.("TitleMax"). To secure these "pawn transactions", Debtor pledged to TitleMax his 2001 Chevrolet...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge. This matter comes before the Court on the Motion of Ford Motor Credit Company to Alter, Amend and Modify Order of Confirmation. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(L). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Findings of Fact Debtors...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. This matter arises from the Chapter 7 trustee's complaint in which he asks the Court to determine the interests of Debtors' estates in certain proceeds from the prepetition sale of real property. The proceeds are currently held in "escrow" pursuant to agreements signed by the parties who owned the property at the time of the sale. The case was tried on June 24, 2010. 1 This opinion constitutes the Court's findings of fact and conclusions...
