MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Defendants' motion for partial summary judgment on Counts One and Two of Debtor's/Plaintiff's amended complaint. 1 The Court, having considered the record, the evidence submitted and the applicable law, now publishes this memorandum opinion. "A motion for summary judgment should be granted when `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Trustee's Motion For Summary Judgment. The Court, having considered the motion, the response, the affidavit of David E. Murphy and the record, now publishes this memorandum opinion. FACTS Debtor Terry B. McConnell owned a 1972 Piper Cherokee (the "aircraft"). In 2003, Debtor and Defendant David E. Murphy formed a partnership wherein Defendant Murphy would help Debtor maintain and operate the aircraft. From 2006...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge. This matter comes before the Court on the United States Trustee's motion to dismiss. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(O). 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 John Rucker and Michele Pennington filed a...
MEMORANDUM OPINION JOHN T. LANEY, III, Chief Judge. This matter comes before the Court on a Motion to Use Cash Collateral filed by the debtors on May 2, 2011 and The Peoples Bank of Talbotton's objection filed on May 9, 2011. The Court heard oral arguments on the motion and objection on May 23, 2011. At the conclusion of the hearing, the Court took the matter under advisement. For the reasons set forth below, the Court grants the debtors' motion in part and denies it in part. Background The...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Defendants' (collectively "Wells Fargo") motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure 7012. The motion came on for hearing on March 30, 2011. After considering the pleadings, the briefs and the arguments of the parties, the Court issues these findings of fact and conclusions of law pursuant to...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Acorn Financial, Inc.'s ("Acorn") motion for summary judgment in which Acorn contends that Trustee's avoidance action is barred by res judicata because the action was commenced after the confirmation of Debtor's Chapter 13 plan. The Court, having considered the motion, the response and the record, now publishes this memorandum opinion. FACTS The undisputed facts and the Court's record show that on June 10, 2010, Debtor...
Memorandum Opinion JOHN T. LANEY, III, Chief Judge. This matter comes before the Court on similar Motions to Enforce Orders filed by Bank of the West, Trinity Division ("the Bank") in In re Doll & Doll Motor Company and In re RWD Real Estate, LLC, as well as on a Motion for Relief from Stay filed by the Bank in the Doll & Doll case. The Court heard oral arguments on January 5, 2011. At the conclusion of the hearing, the Court took the matter under advisement. For the reasons set forth...
