ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ROBERT E. BRIZENDINE, Bankruptcy Judge. Before the Court is the motion of Defendant-Debtors for summary judgment filed on May 5, 2010 regarding the claims set forth in the complaint of Plaintiffs who commenced this adversary proceeding on March 15, 2010. Based upon a review of Debtors' motion and Plaintiffs' response thereto, the Court concludes that the motion should be denied. In the motion, Debtors argue that they are entitled to...
ORDER ON TRUSTEE'S OBJECTION TO EXEMPTION WENDY L. HAGENAU, Bankruptcy Judge. The Trustee's Objection to Exemption [Docket No. 18] came before the Court for hearing on September 9, 2010, at which the Trustee and the Debtor were represented by counsel. At the hearing, both parties presented evidence. At the conclusion of the hearing, the Court requested briefs regarding the parties' legal positions, which have now been submitted and reviewed by the Court. After a review of the pleadings and...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WENDY L. HAGENAU, Bankruptcy Judge. This adversary proceeding is before the Court on Plaintiff Jamal Lewis' Motion for Summary Judgment (the "Motion") (Docket No. 21) and Debtor Defendant Bradley Lowery's Response in Opposition thereto (Docket No. 28). Plaintiff's Motion seeks judgment on a Complaint to Determine the Dischargeability of Debt owed to Plaintiff by the Defendant pursuant to 11 U.S.C. 523(a)(2)(...
ORDER REOPENING CASE MARGARET H. MURPHY, Bankruptcy Judge Debtor filed a motion to reopen this case August 13, 2010 (Doc. No. 33) (the "Motion"). Debtor, pro se, filed a petition initiating this Chapter 7 case July 9, 2009, as a no-asset case. Discharge was entered and the case closed June 28, 2010. Debtor failed to list a dispossessory action against him filed prepetition by Harbor Management, Inc. and Wynthrope Forest Apartments (the "Landlord") 1 and also failed to list the counterclaim...
ORDER JOYCE BIHARY, Bankruptcy Judge. Plaintiff Chad McMillen, a Chapter 13 debtor, filed this adversary proceeding against defendant Central Financial Control alleging violations under the Fair Debt Collection Practices Act (the "FDCPA"), based solely on defendant's filing of duplicate proofs of claim in the amount of $550.00 in plaintiff debtor's Chapter 13 bankruptcy case. Plaintiff alleges violations under 15 U.S.C. 1692e(2)(A), (5), and (10) and seeks $1,000 in statutory damages, $5,...
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S SECOND MOTION TO AMEND TO ADD A CLAIM MARY GRACE DIEHL, Bankruptcy Judge. The above-styled adversary proceeding is before the Court on Verna L. Dixon's ("Plaintiff") Motion to Amend to Substitute Party Name ("Motion to Amend") (Docket Nos. 12 & 14), Plaintiff's Second Motion to Amend to Add Claim ("Second Motion to Amend") (Docket Nos. 13 & 15), and World Finance...
