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,...
MEMORANDUM OPINION ON AgGEORGIA AND JAMES F. CARTER'S CROSS MOTIONS FOR SUMMARY JUDGMENT John T. Laney, III , United States 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...
MEMORANDUM OPINION JAMES P. SMITH , Bankruptcy Judge . In this adversary proceeding, Debtor seeks to set aside the alleged wrongful foreclosure on her residence. Defendant Bank of America, N.A. ("BOA") has filed a motion for judgment on the pleadings. The Court, having considered the motion, the response, the pleadings, the briefs of counsel and the applicable law, now publishes this memorandum opinion. As a threshold matter, BOA argues that the Court lacks subject matter jurisdiction 1...
MEMORANDUM OPINION JAMES P. SMITH , Chief Bankruptcy Judge . In this adversary proceeding, Debtors assert, in part, that title to real property that they conveyed by a deed to secure debt has reverted to them pursuant to O.C.G.A. 44-14-80(a)(1). Debtors have moved for summary judgment and Defendant has responded. The Court, having considered Debtors' motion, the response and the applicable law, now publishes this memorandum opinion. The relevant facts are not in dispute. Earl Leky Lyons...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge. This matter is before the Court on a Motion to Convert (the "Motion") filed pro se by the Debtor, John Michael Christian Woodruff. Walter W. Kelley, the Chapter 7 Trustee, opposed the Motion. After the parties filed briefs and presented arguments at the December 29, 2017 hearing (the "Hearing"), the Court carefully considered the applicable statutes and case law. The Court announced its decision DENYING the Motion...
