ORDER ROBERT B. BRIZENDINE, Bankruptcy Judge. Before the Court is the motion of Defendant the State of Arkansas ex rel., Dustin McDaniel, Attorney General, filed on May 29, 2012, for partial summary judgment on the complaint of Plaintiff-Debtor Richard J. Steffy as filed herein. 1 Following the reopening of the above-named Chapter 7 case on motion by Debtors on March 21, 2012, Debtor commenced this adversary proceeding through the filing of a complaint on that same date. In the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW PAUL W. BONAPFEL, Bankruptcy Judge. I. Introduction This contested matter involves questions of successor liability under Georgia law when one corporation acquires the assets of another corporation, both controlled by the same principal, through exercise of its rights as a secured creditor under the Uniform Commercial Code. The Court concludes that successor liability does not apply in the circumstances here. The chapter 11 debtor in this case, Acme...
ORDER ON APPLICATION FOR COMPENSATION OF MORGAN JOSEPH TRIARTISAN, LLC PAUL W. BONAPFEL, Bankruptcy Judge. The Official Committee of Equity Security Holders of CDC Corporation, the Chapter 11 debtor in this case, filed an application to retain Morgan Joseph TriArtisan, LLC as its financial advisor and investment banker. [Docket No. 109]. Under paragraph 2 of the engagement letter that the Court approved pursuant to 11 U.S.C. 328(a), the Committee agreed that Morgan Joseph's compensation...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS MARGARET H. MURPHY, Bankruptcy Judge. This adversary proceeding is before the Court on Defendant's Motion to Dismiss. Plaintiff, as Chapter 7 Trustee ("Trustee"), filed a complaint seeking to avoid and recover allegedly fraudulent transfers from Debtor to Defendant Nerissa Mursalim ("Defendant") pursuant to 11 U.S.C. 544 and 550. Defendant's motion seeks a dismissal of the complaint for lack of subject matter jurisdiction, for failure to state...
ORDER DENYING DEFENDANT-DEBTOR'S MOTION TO DISMISS AND DENYING IN PART AND GRANTING IN PART DEFENDANT-DEBTOR'S MOTION FOR SUMMARY JUDGMENT ROBERT E. BRIZENDINE, Bankruptcy Judge. Before the Court is the motion of Defendant-Debtor James D. Boggus, Jr. filed on September 28, 2011 to dismiss the above-styled adversary proceeding and/or for entry of summary judgment. Plaintiff Gregory Blosser commenced this proceeding by filing a complaint to determine dischargeability of debt against Debtor...
ORDER GRANTING SUMMARY JUDGMENT MARGARET H. MURPHY, Bankruptcy Judge. This adversary proceeding is before the Court on Plaintiff's Motion for Summary Judgment, seeking a determination that a debt owed to Plaintiff by Debtor is not dischargeable. Plaintiff states in her Motion that her claim against Debtor represents credit card debt incurred during the marriage by Debtor in Plaintiff's name. Plaintiff argues that this debt is a domestic support obligation, 11 U.S.C. 523(a)(5); a debt...
ORDER W. HOMER DRAKE, JR., Bankruptcy Judge. Currently before the Court is a Motion in Limine to Exclude Evidence filed by Synovus Bank (hereinafter "Movant" or "Synovus") against Ellen Flanders Brooks (hereinafter "Respondent") and a corresponding Motion for Expedited Hearing on Motion in Limine to Exclude Evidence. These motions arise with Movant's pending Motion to Dismiss or Convert and Alternatively for Stay Relief. This Court has subject matter jurisdiction over this matter pursuant to...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS BARBARA ELLIS-MONRO, Bankruptcy Judge. This proceeding is before the Court on the Motion to Dismiss Adversary Proceeding filed by Defendants Reed and Suzanne Seligman ("Defendants"). (Docket No. 10). Plaintiff, Bank of America ("Plaintiff), seeks to deny Defendants' discharge pursuant to 11 U.S.C. 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4) and (a)(5). This is a core proceeding under 28 U.S.C. 157(b)(2)(I). After carefully considering the pleadings...
ORDER PAUL W. BONAPFEL, Bankruptcy Judge. This Order deals with several issues arising out of the prepetition garnishment by Bank of America, N.A. (the "Bank") of the wages of the Chapter 7 debtor, Albert F. Johnson, III (the "Debtor"), owed by Crowne Aviation Services, LLC (the "Employer"). Three of them involve the automatic stay of 11 U.S.C. 362(a). The first is whether the stay applied to prevent the Bank from pursuing a claim in the garnishment action against the Debtor's Employer...
ORDER ROBERT E. BRIZENDINE, Bankruptcy Judge. This adversary proceeding is before the Court on the complaint of Plaintiffs named above as filed against Defendant-Debtor herein to determine the dischargeability of a particular debt under 11 U.S.C. 523(a)(4). 1 The obligation in question arises from an award as set forth in a Final Judgment entered by the Superior Court of Stephens County, Georgia on December 15, 2009. See Exhibit "A," attached to complaint. In the judgment, the state...
ORDER W.H. DRAKE, Bankruptcy Judge. Before the Court is the Complaint for Avoidance of Fraudulent Transfer and Recovery of Property, filed by the chapter 7 trustee, Theo D. Mann (hereinafter the "Plaintiff"), against Betty Brown (hereinafter the "Defendant"). This matter constitutes a core proceeding, over which this Court has subject matter jurisdiction. See 28 U.S.C. 157(b)(2)(H), 1334. FACTS AND PROCEDURAL HISTORY Albert Knight (hereinafter the "Debtor") filed a voluntary petition...
ORDER DENYING MOTION TO DISMISS MARGARET H. MURPHY, Bankruptcy Judge. This adversary proceeding is before the Court on Defendant's Motion to Dismiss. Plaintiff, the Chapter 7 Trustee ("Trustee"), filed a complaint seeking to avoid an allegedly fraudulent transfer from Debtor to Defendant Blue Star Residential, LLC ("Blue Star") pursuant to 11 U.S.C. 548 and 550. Defendant argues, relying on the recent decision of the Supreme Court in Stern v. Marshall, ___ U.S. ___, 131 S.Ct. 2594 ,...
DISMISSAL ORDER MARGARET H. MURPHY, Bankruptcy Judge. On February 21, 2012, the United States Trustee filed a Motion to Dismiss Case for Cause (Doc. No. 32) (the "Motion"), seeking entry of an order dismissing this chapter 7 case based, inter alia, on the failure of the putative Debtor, James DeMarco Bogan, to sign the petition, schedules, and statement of financial affairs, to appear and submit to examination at the section 341 meeting of creditors, and to provide a copy of his most...
ORDER GRANTING DEBTOR'S MOTION TO ASSUME UNEXPIRED LEASE WITH SKY TOP ENTERPRISES, LLC, MARY GRACE DIEHL, Bankruptcy Judge. Several motions came on for hearing on March 13, 2012. 1 Pivotal to the future of this Chapter 11 case is whether Debtor can assume its unexpired lease with Sky Top Enterprises, LLC pursuant to 11 U.S.C. 365 ("Motion"). (Docket No. 114). Gus Small and Anna Humnicky appeared as Debtor's counsel. James Rollins, Phillip Smith, and Paul Vranicar, attorneys for Sky Top...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT MARY GRACE DIEHL, Bankruptcy Judge. This matter is before the Court on Defendants' Motion for Summary Judgment. (Docket No. 76). Defendants seek a judgment that the student debt owing to them is non-dischargeable pursuant to 11 U.S.C. 523(a)(8) because Christina Fawn Kidd ("Plaintiff") cannot demonstrate that excepting this debt from discharge would impose an undue hardship. Plaintiff opposes the Motion and requested oral argument. (...
DISMISSAL ORDER AND AWARD OF ATTORNEYS FEES MARGARET H. MURPHY, Bankruptcy Judge. Hearing was held February 29, 2012, on the Motion to Dismiss Bankruptcy Case With Prejudice and Motion For Sanctions filed by Hilswepow, LLC (Doc. No. 11) (the "Sanctions Motion"), together with Debtor's Request to Dismiss Case (Doc. No. 18). 1 Present at the hearing were counsel for Movant, Debtor and attorney for Debtor. The documentary evidence, testimony of witnesses, the record in this case, and...
ORDER W. HOMER DRAKE, JR., Bankruptcy Judge. Before the Court is the Motion for Summary Judgment, filed by the plaintiff/counter-defendant, Stearns Bank, N.A. (hereinafter the "Plaintiff"). The Plaintiff seeks judgment against Theo Davis Mann (the "Trustee") on its complaint to determine the extent and validity of its lien against property of the bankruptcy estate of Rent-A-Tent, Inc. (hereinafter the "Debtor"). The Trustee opposes the Motion. Also before the Court is the Plaintiff's...
ORDER GRANTING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT WENDY L. HAGENAU, Bankruptcy Judge. This adversary proceeding is before the Court on the Trustee's Motion for Summary Judgment against the Debtors and Wells Fargo Bank, N.A. [Docket No. 7]. The Trustee's Motion seeks summary judgment on the Complaint to avoid the deed to secure debt of Wells Fargo Bank under 11 U.S.C. 544(a)(3) and 11 U.S.C. 547. The Court finds this matter is a core proceeding pursuant to 28 U.S.C. 157(b)(A), (F), (...
ORDER JAMES R. SACCA, Bankruptcy Judge. The issue before the Court in this Chapter 13 case is whether it is the responsibility of the Chapter 13 trustee, the debtor or special counsel to file the application to retain special counsel under 11 U.S.C. 327(e) to prosecute a state law cause of action in which the Chapter 13 debtor is in possession of the claim. 1 The confirmation hearing on Debtors' Chapter 13 plan was held on December 1, 2011. At the 341 Meeting of Creditors, the Debtors...
ORDER DENYING MOTION TO DISMISS OR CONVERT MARY GRACE DIEHL, Bankruptcy Judge. In this case the Court considers whether a chapter 11 Debtor's obligation under a divorce decree to maintain a life insurance policy is a domestic support obligation that first becomes payable post-petition, when the requisite life insurance policy lapsed pre-petition. The case came before the Court on Virginia R. Perlis's ("Movant") Motion to Dismiss or Convert Case Pursuant to 11 U.S.C. 1112 ("Motion"). (...
