ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION BARBARA ELLIS-MONRO , Bankruptcy Judge . This matter is before the Court on Plaintiff's Motion for Premilinary [sic] Injunction or Motion to Substitute (the "Motion"). [Doc. 20]. On December 21, 2018, Plaintiff-Debtor Patrick M. Gerard filed a complaint to determine the dischargeability of his student loans [Doc. 1], and Defendant the United States Department of Education filed an answer [Doc. 4]. The parties commenced discovery, with an...
ORDER DENYING SUMMARY JUDGMENT BARBARA ELLIS-MONRO , Bankruptcy Judge . This matter comes before the Court on Plaintiffs' Motion for Summary Judgment (the "Motion"), filed November 8, 2019. [Doc. 13]. Plaintiffs commenced this proceeding by filing their Complaint Objecting to Dischargeability of Debt Pursuant to 11 U.S.C. 523 (the "Complaint") [Doc. 1] on February 13, 2019. In the Motion, Plaintiffs seek summary judgment on each of the three counts of the Complaint. Plaintiffs...
ORDER GRANTING IN PART AND DENYING IN PART DEBTOR'S MOTION TO REQUEST REOPENING OF CHAPTER 13 CASE WENDY L. HAGENAU , Bankruptcy Judge . THIS MATTER is before the Court on Debtor's Motion to Request Reopening of Chapter 13 Case (the "Motion") (Doc. No. 41). The Chapter 13 Trustee filed a response in opposition to the Motion. The Court held a hearing on the Motion on January 6, 2020, during which Debtor, Debtor's counsel Stan Kakol, and counsel for the Chapter 13 Trustee, Ryan Williams,...
ORDER DISMISSING CASE AS TO ALDRIDGE PITE, LLP WENDY L. HAGENAU , Bankruptcy Judge . THIS MATTER is before the Court on Aldridge Pite, LLP's Motion to Dismiss (Doc. No. 16) (the "Motion"). On October 1, 2019, Danitta-Ross a.k.a. Danitta-Ross: Morton, purportedly on behalf of HRN Group, LLC ("HRN"), filed the complaint against Aldridge Pite, LLP ("AP") and others. AP filed the Motion seeking dismissal of the complaint because Plaintiff is not represented by counsel, the Court does not...
ORDER DISMISSING CASE AS TO JP MORGAN CHASE BANK, NATIONAL ASSOCITION AND McCALLA RAYMER LEIBERT PIERCE WENDY L. HAGENAU , Bankruptcty Judge . THIS MATTER is before the Court on JP Morgan Chase Bank, National Association ("JPMorgan") and McCalla Raymer Leibert Pierce ("McCalla")'s Motion to Dismiss (Doc. No. 13) (the "Motion"). On October 1, 2019, Danitta-Ross a.k.a. Danitta-Ross: Morton, purportedly on behalf of HRN Group, LLC ("HRN"), filed the complaint against JPMorgan and McCalla...
ORDER DENYING VILLAGE SQUARE LLC'S MOTION TO RECONSIDER DISALLOWANCE OF CLAIM PAUL BAISIER , Bankruptcy Judge . This matter came before the Court on the Motion for Reconsideration of Order Disallowing Claim of Village Square, LLC (7-1/7-2) (Docket No. 45)(the " Motion ") filed by Village Square, LLC (" Movant ") on September 9, 2019. In response, Hans Dajung Choe (the " Debtor ") filed Debtor's Response in Opposition to Village Square, LLC's Motion for Reconsideration of Order...
CONTESTED MATTER ORDER OVERRULING CHAPTER 13 TRUSTEE'S OBJECTION TO PROOF OF CLAIM PAUL BAISIER , Bankruptcy Judge . This matter comes before the Court on the Objection to Proof of Claim of Automobile Acceptance Corporation, Claim Number 25 (Docket No. 49)(the " Objection ") filed by Melissa J. Davey, the duly appointed chapter 13 trustee in this case (the " Chapter 13 Trustee "), on September 12, 2019. On October 11, 2019, Automobile Acceptance Corporation (the " Respondent ") filed...
ORDER DENYING MOTION TO DEEM LATE FILED PROOF OF CLAIM AS TIMELY FILED PAUL BAISIER , Bankruptcy Judge . This matter came before the Court on the Motion to Deem Late Filed Proof of Claim as Timely Filed (Docket No. 35)(the " Motion ") filed by Brian Will and Wrig Gustons LLC's (the " Movants ") on October 9, 2019. In response, Melissa J. Davey, the Standing Chapter 13 Trustee, (the " Chapter 13 Trustee "), filed the Chapter 13 Trustee's Response to Motion to Deem Late Filed Proof of...
ORDER ON CONFIRMATION OF DEBTOR'S THIRD AMENDED PLAN OF REORGANIZATION DATED SEPTEMBER 13, 2019 Barbara Ellis-Monro , U.S. Bankruptcy Court Judge . This case came before the Court for a hearing (the "Hearing") on September 19, 2019 on confirmation of chapter 11 plans filed by Aspen Village at Lost Mountain Assisted Living, LLC ("Assisted Living") and Aspen Village at Lost Mountain Memory Care, LLC ("Debtor" or "Memory Care") (collectively, the "Debtors"). Confirmation was opposed by...
ORDER ON CONFIRMATION OF DEBTOR'S THIRD AMENDED PLAN OF REORGANIZATION DATED SEPTEMBER 13, 2019 Barbara Ellis-Monro , U.S. Bankruptcy Court Judge . This case came before the Court for a hearing (the "Hearing") on September 19, 2019 on confirmation of chapter 11 plans filed by Aspen Village at Lost Mountain Assisted Living, LLC ("Debtor" or "Assisted Living") and Aspen Village at Lost Mountain Memory Care, LLC ("Memory Care") (collectively, the "Debtors"). Confirmation was opposed by...
ORDER IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is the motion to dismiss (the "Motion") filed by defendants Ada Services Corporation f/k/a H&R Block Mortgage Corporation ("Ada") and Sand Canyon Corporation f/k/a Option One Mortgage Corporation ("Sand Canyon", and collectively with Ada, the "Defendants") (Doc. 15). The Motion seeks dismissal of a complaint (the "Complaint") filed by Cassandra Johnson Landry ("Plaintiff")...
ORDER IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is the motion to dismiss (the "Motion") filed by defendants Defendants Ocwen Loan Servicing, LLC ("Ocwen"), Mortgage Electronic Registration Systems, Inc. ("MERS"), PHH Mortgage Services ("PHH"), and Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2, Mortgage-Pass-Through Certificates, Series 2006-OPT2 ("Deutsche Bank,...
ORDER GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS BASED ON THE PRESUMPTION OF ABUSE UNDER 11 U.S.C. 707(b)(2) AND PROVIDING TIME TO CONVERT CASE PAUL BAISIER , Bankruptcy Judge . This matter comes before the Court on the United States Trustee's Motion to Dismiss Pursuant to 11 U.S.C. 707(b)(1) Based on a Presumption of Abuse Arising Under 11 U.S.C. 707(b)(2) (Docket No. 27) filed by Nancy J. Gargula, the United States Trustee for Region 21 (the " U.S. Trustee ") on July 23,...
ORDER ON FIRST MOTION TO COMPEL POST JUDGMENT DISCOVERY JAMES R. SACCA , Bankruptcy Judge . The issue in this Motion to Compel Post Judgment Discovery and Award Costs (the "Motion") [Doc. 51] is whether post judgment discovery not filed with the Court can be served electronically without the express written consent of the counsel for the party to be served. The plaintiff in this case served its discovery requests by email on counsel for the debtor. The attorney for the debtor advised...
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . Before the Court are two motions: (1) SummitBridge National Investments VI, LLC's ("SBN") Amended Motion for Relief from the Automatic Stay, or, in the alternative, to Compel Adequate Protection under the Security Agreement, (Doc. 52), and (2) SBN's Motion to Dismiss, (Doc. 16), filed in the above-captioned bankruptcy proceeding of Orchard Hills Baptist Church Inc. ("Debtor"). These matters constitute core proceedings, over which...
ORDER AFTER TRIAL Wendy L. Hagenau , U.S. Bankruptcy Court Judge . Plaintiff's assertion that its judgment is non-dischargeable under 523(a)(4) and (a)(6) came before the Court for trial on October 8, 2019. Both parties were represented by counsel. The Court has jurisdiction of this matter pursuant to 28 U.S.C. 1334 and 157, and this matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). After consideration of the evidence and the law, the Court enters judgment for the...
ORDER DENYING SUMMARY JUDGMENT BARBARA ELLIS-MONRO , Bankruptcy Judge . I. PROCEDURAL BACKGROUND This matter comes before the Court on Plaintiffs Zarinah Ali and Sheneeka Bradsher's ("Plaintiffs") Motion for Summary Judgment (the "Motion") [Doc. 14], filed July 15, 2019. No response has been filed to the Motion. Accordingly, it is deemed unopposed. Bankr. L.R. N.D. Ga. 7007-1(c) (21 days to respond to summary judgment motion); see also Doc. 11 (dispositive motions due August 1,...
ORDER Barbara Ellis-Monro , U.S. Bankruptcy Court Judge . This matter comes before the Court on Defendant Daniel Wisner ("Defendant")'s Motion for Summary Judgment (the "Motion"), filed May 6, 2019 and amended on September 23, 2019. [Docs. 31, 43]. Plaintiff, The Piedmont Bank ("Plaintiff"), commenced this proceeding by filing its Complaint to Determine Dischargeability (the "Complaint") [Doc. 1] on September 15, 2016. In the Motion, Defendant seeks summary judgment on each of the...
ORDER IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is the Motion to Strike Linda Hardin's Errata Sheet (the "Motion") (Doc. 139) filed by Zurich American Insurance Company, American Zurich Insurance Company, and The Zurich Services Corporation ("Zurich"). The Motion is opposed by Henry C. Hardin, III ("Debtor") and Linda Hardin ("Hardin"). This discovery dispute arises in connection with Zurich's pending motion to dismiss...
MEMORANDUM OPINION Jeffery W. Cavender , U.S. Bankruptcy Court Judge . THIS MATTER is before the Court on confirmation of the Chapter 13 Plan (as modified at Doc. No. 29, the "Plan") filed by Jacob Benjamin Dumas ("Debtor"). Nancy J. Whaley, Standing Chapter 13 Trustee ("Trustee") filed objections to confirmation of the Plan at docket numbers 17 and 23. The Court held a confirmation hearing on March 12, 2019. At the hearing, Trustee announced that all objections to the Plan had been...
