MEMORANDUM OPINION James P. Smith , United States Bankruptcy Judge . In this adversary proceeding, Trustee seeks to avoid Defendant's interest in real property arising from a security deed in Defendant's favor. Because the recorded copy of the security deed is not signed by Debtor, Trustee contends that the security deed does not provide notice of Defendant's interest to a bona fide purchaser and is therefore avoidable under 11 U.S.C. 544(a)(3). Trustee has moved for summary judgment....
James P. Smith , Chief United States Bankruptcy Judge . In this adversary proceeding, Oman Family Trust seeks to have a claim arising out of the construction of a house declared nondischargeable under 11 U.S.C. 523(a)(2)(A). The case was tried on May 25, 2017. At the conclusion of the trial, the Court asked the parties to submit their concluding arguments in writing. The Court, having considered the testimony and exhibits introduced at trial, the arguments of counsel and the law, now...
MEMORANDUM OPINION JOHN T. LANEY, III , Bankruptcy Judge . This contested matter comes before the Court on an Objection to Proof of Claim 3 ("Objection") filed by the Debtor, Peter Solomon ("Debtor") on February 2, 2017. In his Objection, the Debtor objects to the claim of Wilmington Trust, N.A. ("Creditor") and seeks to disallow the Creditor's claim of $13,011.29 on the basis that the Creditor's Proof of Claim was untimely filed. The Creditor filed a Response on March 6, 2017. In its...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment ("Motion") filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties' oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedural History This Adversary Proceeding...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment ("Motion") filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties' oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedural History This Adversary Proceeding...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on a Motion for Full or Partial Summary Judgment ("Motion") filed by the Plaintiff, the Trustee. The Court has carefully considered the pleadings and briefs, the parties' oral arguments, and the applicable statutes and case law. For the reasons set forth below, the Court will GRANT partial summary judgment for the Plaintiff. Procedural History This Adversary Proceeding...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This Adversary Proceeding is before the Court to rule on the underlying legal issue as a matter of law per the parties' request. The parties filed statements of uncontested facts and briefs. In its brief, the Defendant, Wells Fargo Bank, N.A. ("Wells Fargo"), requested oral argument, which was held on January 9, 2017. The issue before the Court is whether the security deed executed by the Husband-Debtor in favor of...
