MEMORANDUM OPINION JAMES D. WALKER, Jr., Bankruptcy Judge. This matter comes before the Court on Capital City Bank's Motion for Attorney's Fees and Costs Pursuant to 11 U.S.C. 506(b). This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(B). 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 Capital...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Plaintiff's complaint to deny discharge of debt under 11 U.S.C. 523(a). The issue presented is whether Plaintiff has established, by a preponderance of the evidence, that Debtor James M. Donnan, III ("Donnan") knowingly participated in a Ponzi scheme 1 perpetrated by GLC Limited 2 ("GLC") on Dr. Stephen S. Fennell ("Dr. Fennell"), who, along with many others, invested money in GLC after being introduced to GLC by...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge. This matter comes before the Court on Plaintiff-Debtor's complaint to determine dischargeability of a debt. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(I). 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 Plaintiff-Debtor filed a...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge. This matter comes before the Court on Plaintiffs' complaint to determine secured status and strip lien on real estate. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(K). 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. Background The parties stipulate...