ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . Before the Court is the Motion of Bank of North Georgia, a division of Synovus Bank (hereinafter, the "Bank"), for Adequate Protection or in the Alternative for Relief from the Automatic Stay (hereinafter, the "Motion") filed on July 24, 2015. The Court held a preliminary hearing on the Motion on September 2, 2015, and conducted an evidentiary hearing on October 27, 2015. The Court has jurisdiction over this matter as a core proceeding...
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . This matter arises between the Plaintiff, Griffin Howell, III (the "Trustee"), Chapter 7 trustee for the estate of Jeffrey Alan Martin (the "Debtor"), and Martin Financial, Inc. ("MFI"), TMAR Ltd, LLC ("TMAR"), Q-Tan, LLC ("Q-Tan"), and Conni L. Martin (collectively, the "Defendants"). 1 Currently before the Court is the Trustee's Motion for Contempt and Sanctions for Failure to...
ORDER AFTER TRIAL Wendy L. Hagenau , U.S. Bankruptcy Court Judge This case requires the Court to determine the parties' intent when, in a consent agreement, the Debtor agreed to make mortgage payments on the former marital home. The Court concludes, after trial, the obligation of the Debtor was not one in the nature of support and is not a domestic support obligation. The Debtor's obligation is therefore dischargeable under 11 U.S.C. 523(a)(5). The Court has jurisdiction over this...
CONTESTED MATTER ORDER James R. Sacca , U.S. Bankruptcy Court Judge . The Court must determine whether the Debtor, who is the sole trustee for and participant in a profit sharing plan, established and operated this alleged retirement plan in such a way that the Chapter 7 trustee is entitled to administer the assets in the plan for the benefit of creditors. The assets in the plan are estimated to be about $300,000 of cash, personal property and loans. After Mr. Rogers filed for bankruptcy,...
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . Before the Court is the Motion for Rejection and Termination of Lease, Relief from the Automatic Stay, and for Turnover of Premises and Financial Documents (hereinafter the "Motion"), filed in these related Chapter 11 cases by Dr. Hanimi and Mrs. Challa (hereinafter "Movants"). This matter constitutes a core proceeding, over which the Court has subject matter jurisdiction. See 28 U.S.C. 157(b)(2)(A), (G), (O); 1334. FACTS AND...
ORDER ON DETROIT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION REGARDING ALLOCATION OF DAMAGES Wendy L. Hagenau , U.S. Bankruptcy Court Judge . The "Detroit Plaintiffs" filed their Motion for Partial Summary Judgment on Counts II and IV [Docket No. 118] ("Motion") and Motion Regarding Allocation of Damages [Docket No. 121] ("Allocation Motion") following this Court's Order of February 10, 2015 [Docket No. 105], granting summary judgment to the Detroit Plaintiffs on certain...
ORDER Barbara Ellis-Monro , U.S. Bankruptcy Court Judge . This matter comes before the Court on Debtor-Plaintiff's complaint alleging that federal income tax liabilities he incurred for tax years through and including 2009 totaling more than $319,000 are dischargeable pursuant to 11 U.S.C. 523(a)(1) and 507(a)(8). [Dkt no. 1]. Defendant filed an answer alleging Plaintiff's liabilities for tax years 1993 through 1997 are nondischargeable under 523(a)(1)(C). [Dkt. no. 5]. This is a...
CONTESTED MATTER ORDER ON STAY RELIEF MARGARET H. MURPHY , UNITED STATES BANKRUPTCY JUDGE . This case is before the Court on Movant's Motion for Relief front Stay, filed February 23, 2015 (Doc. No. 44) ("Motion"). Movant asserts Debtors are legally barred from assuming their franchise agreements with Movant without Movant's consent, and Movant withholds such consent; therefore, Movant seeks relief from the automatic stay of 11 U.S.C. 362 to terminate the franchise agreements. Hearing...
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . These matters arise between Plaintiff, Griffin Howell, III (hereinafter the "Trustee"), Chapter 7 trustee for the estate of Jeffrey Alan Martin (hereinafter the "Debtor"), and Martin Financial, Inc. (hereinafter "MFI"), TMAR Ltd, LLC (hereinafter "TMAR"), Q-Tan, LLC (hereinafter "Q-Tan"), and Connie L. Martin (hereinafter, collectively, the "Defendants" 1 ). Since the latter part of April, numerous motions have been filed in this...
ORDER DENYING CONFIRMATION OF PLAN Mary Grace Diehl , U.S. Bankruptcy Court Judge . This case presents two issues of first impression in the Eleventh Circuit: (1) whether separate classification of unsecured claimants is permissible in a Chapter 11 plan of reorganization in order to create an impaired, consenting class as required by 11 U.S.C. 1129(a)(10); and, (2) whether the absolute priority rule is applicable post-BAPCPA 1 in Chapter 11 cases where the debtor is an individual....
ORDER James R. Sacca , U.S. Bankruptcy Court Judge . Currently before the Court are the U.S. Trustee's (the "Trustee") Motion to Compel the Defendant to Answer Oral Questions at a Deposition (Doc. 83) and Addendum to Motion to Compel the Defendant to Answer Oral Questions at a Deposition (Doc. 96) (collectively, the "Motion"). The Court must consider three issues to resolve the motion: (a) whether the Defendant may invoke her Fifth Amendment privilege against self-incrimination in response...
CONCLUSIONS OF LAW ON RESERVED ISSUE AND ORDER FOR ENTRY OF FINAL JUDGMENT Paul W. Bonapfel , U.S. Bankruptcy Court Judge . Christy Nicole Allen filed a Chapter 7 petition on February 4, 2013. American Express Centurion Bank ("American Express") timely filed a complaint for a determination that certain debts she incurred between July 16 and September 9, 2012, on a credit card it issued are excepted from discharge under 11 U.S.C.A. 523(a)(2) because of her actual fraud. 1 After a trial,...
CONTESTED MATTER ORDER ON OBJECTION TO CLAIM OF ULTRA GROUP OF COMPANIES, INC. Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This matter came before the Court on the "Objection to Proof of Claim filed by Ultra Group of Companies, Inc. and Request for Reimbursement of the Movants' Attorneys' Fees" ("Objection") (Docket No. 56), filed on November 14, 2014 by Salim Merchant I ("Merchant I")and Sadruddin Husein ("Husein"). The Debtor, Al-Karim, Inc. ("Debtor" or "Al-Karim") joined in the...
ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS MARGARET H. MURPHY , UNITED STATES BANKRUPTCY JUDGE Trustee filed a complaint initiating this adversary proceeding June 13, 2013, with subsequent amended complaints August 15, 2013 (Doc. No. 19) and May 2, 2014 (Doc. No. 75) (as amended, the "Complaint"). Defendants filed a Motion for Judgment on the Pleadings as to Count IX of the Complaint November 11, 2014 (Doc. No. 111) (the "First Motion") and a second Motion for Judgment on the...
ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS AND NOTICE OF TELEPHONIC STATUS CONFERENCE Mary Grace Diehl , U.S. Bankruptcy Court Judge . This case involves the jurisdiction of the Bankruptcy Court to determine tax liability under 11 U.S.C. 505. 1 Defendant Mississippi Department of Revenue ("Defendant") has filed a Motion to Dismiss Plaintiffs Complaint ("Motion") (Docket No. 11) and Memorandum of Law in support of the Motion. (Docket No. 13). James Frank Kennedy, Jr., the...
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . The above-styled case comes before the Court on Objection to Debtor's Property Claimed as Exempt (hereinafter the "Objection"), filed by Beth E. Rogers and BER Law Offices (hereinafter "Rogers"). Rogers seeks an order from the Court declaring that certain funds, currently held by Anthony B. Freeman (hereinafter the "Debtor") in a State Farm retirement account, are property of the Debtor's Chapter 7 estate and cannot be claimed exempt...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION TO STRIKE Wendy L. Hagenau , U.S. Bankruptcy Court Judge . Plaintiff obtained a judgment against the Debtor in the Superior Court of Fulton County, and the Debtor has been convicted in the United States District Court for the District of Arizona of conspiracy to commit wire fraud and money laundering and of twelve counts of money laundering. Plaintiff seeks to use the state court judgment and the...
CONTESTED MATTER ORDER ON MOTION TO DISMISS FOR ABUSE MARGARET H. MURPHY , UNITED STATES BANKRUPTCY JUDGE Debtors filed a petition for relief under Chapter 7 of the Bankruptcy Code, initiating this case April 21, 2014; with the petition, Debtor filed initial documents 1 as required by 11 U.S.C. 521(a) and Bankruptcy Rule 1007(b). The United States Trustee ("UST") filed a Motion to Dismiss July 21, 2014, asserting that this case should be dismissed under 707(b) because a...
CHAPTER 7 ORDER ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Wendy L. Hagenau , U.S. Bankruptcy Court Judge This non-dischargeability action arises out of Roy Dixon's ("Debtor") relationship with three pension funds: General Retirement System of the City of Detroit ("Detroit GRS"), Police and Fire Retirement System of the City of Detroit ("Detroit PFRS"), and the Board of Trustees of the City of Pontiac General Employees Retirement System ("PGERS"). These three funds (collectively...
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . The above-styled adversary case comes before the Court on a Motion for Summary Judgment (hereinafter the "Motion"), filed by Deborah Delanie Robinson (hereinafter the "Debtor"). This motion arises with respect to a complaint, filed by Marrian Stinson (hereinafter "Stinson"), seeking nondischargeability as to a particular debt under Section 523 and seeking a denial of a general...
