ORDER James R. Sacca , U.S. Bankruptcy Court Judge . The primary issue in the trial of this adversary proceeding is whether the Plaintiff, when he renewed a loan for more than $400,000, actually and reasonably relied on the Debtor's personal financial statement which showed a net worth of about $12,500,000 when the Debtor's net worth was really closer to zero, but which financial statement contained one or more known material inaccuracies and other "red flags" and the Plaintiff did no...
ORDER JAMES R. SACCA , Bankruptcy Judge . Before the Court is Movant's, Debtor Armando Moncada, Jr.'s, motion to hold Respondent, Georgia Heritage Bank, in contempt for knowingly violating the automatic stay of 11 U.S.C. 362(a). (Doc. 19). Mr. Moncada also seeks actual damages, including attorney's fees, and punitive damages against Respondent. His motion and request for relief is related to a lawsuit Respondent filed against him and his company, Pathology Consultants of Georgia, Inc.,...
SUPPLEMENTAL ORDER ON REQUEST FOR ORDER CONFIRMING NO STAY EXISTS 1 James R. Sacca , U.S. Bankruptcy Court Judge . This matter is before the Court on the request of Powder Springs Apartment Partners, LLC d/b/a 1250 West Apartments for the entry of an Order confirming no stay exists [Doc. 42] regarding a lease for an apartment located at 1250 Powder Springs Road, Apartment 1805, Marietta, Georgia 30064 (the "Lease"). The Debtors filed a response in opposition to the request. [Doc. 43]....
ORDER A trial on Debtors' Complaint against the Internal Revenue Service ("IRS") to determine the dischargeability of certain tax debts was held on September 20, 2016. Edward Danowitz appeared on behalf of the Debtors and Joseph Ganahl appeared on behalf of the IRS. In their complaint, Debtors asserted that the debts owed for the taxable years 2004-2007 are dischargeable. (Doc. 1). In response, the IRS claimed that the tax debts for the years in question are excepted from discharge pursuant...
ORDER Paul Baisier , U.S. Bankruptcy Court Judge . Before the Court is the Motion of Defendant-Debtor (the " Debtor ") for Summary Judgment filed on August 15, 2016 (Docket No. 8) (the " Motion ") with regard to the Complaint (Docket No. 1) of Plaintiffs named above (the " Plaintiffs "). The Debtor's Answer is also set forth in this pleading. 1 In the Motion, the Debtor seeks a dismissal of the Complaint arguing that Plaintiffs have failed to state a claim with sufficient particularity....
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . In this adversary proceeding, Patriot Fire Protection, Inc. (hereinafter "Patriot") contests the dischargeability of a debt owed to it by Freemon E. Fuller (hereinafter the "Debtor") and objects to the Debtor's receipt of a discharge. These matters constitute core proceedings, see 28 U.S.C. 157(b)(2)(I), (J), over which this Court has subject matter jurisdiction, see 28 U.S.C....
ORDER ON SHECHEM'S MOTION FOR SUMMARY JUDGMENT ON THE REMAINING COUNTS AND RENEWED MOTION FOR SUMMARY JUDGMENT ON COUNT 9 Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This matter is before the Court on Defendant Shechem Industries, Inc.'s Motion for Summary Judgment on Remaining Counts ("Motion") (Docket No. 61) and Renewed Motion for Summary Judgment on Count 9 ("Renewed Motion") (Docket No. 78). The Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334 and...
ORDER ON SHECHEM'S MOTION FOR PARTIAL SUMMARY JUDGMENT Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This matter is before the Court on Shechem's Motion for Partial Summary Judgment ("Motion") (Docket No. 42). The Court finds this matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(E), and the Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. PROCEDURAL BACKGROUND Debtor Rocky White ("Debtor") filed his voluntary petition under Chapter 7 of the...
ORDER AFTER TRIAL Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This dischargeability action under Section 523 arose from an alleged conversion of a security business which resulted in a $15,000 state judgment against the Debtor, Dwayne Sutton. This Court has jurisdiction over this matter under 28 U.S.C. 1334 and 157. This is a core matter pursuant to 28 U.S.C. 157(b)(2)(I). FINDINGS OF FACT Plaintiff Mark Veazey, Sr. ("Veazey") and Debtor Dwayne Sutton ("Sutton") attended the...
ORDER DENYING DEBTOR A DISCHARGE AND DENYING TRUSTEE'S RECOVERY UNDER SECTION 362 Wendy L. Hagenau , U.S. Bankruptcy Court Judge . After almost six years, this matter is before the Court to determine whether the Debtor is entitled to a discharge under 11 U.S.C. 727 and whether the Debtor violated the automatic stay and is liable to the Trustee in certain amounts. This Court has jurisdiction of this case under 28 U.S.C. 157 and 1334, and the case is a core matter under 28 U.S.C....
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This dischargeability dispute between brothers comes before the Court on Defendant's Motion for Summary Judgment ("Motion") [Docket No. 132]. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I), and the Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. FACTS Rocky White, the Debtor ("Defendant"), was involved in the design, manufacturing and...
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . Before the Court is the Assertion of Superior Claim filed by Chuck Sylvester in the above-styled case. Sylvester contends that certain funds held by Theo D. Mann (hereinafter the "Trustee"), Chapter 7 trustee for the bankruptcy estate of Verna A. Thornton (hereinafter the "Debtor"), belong to Sylvester and are not property of the Debtor's bankruptcy estate. This is a core proceeding, see 28 U.S.C. 157(b)(2)(A), over which this...
ORDER ON TRUSTEE'S OBJECTION TO CONFIRMATION Paul W. Bonapfel , U.S. Bankruptcy Court Judge . The issue in this case is whether an "above-median" Chapter 13 debtor with car payments on account of a nonpurchase-money debt may deduct the Ownership Costs allowance for purposes of calculating his projected disposable income ("PDF") under 11 U.S.C. 1325(b). The Court concludes that the allowance is applicable regardless of the type of debt that encumbers a vehicle. The projected disposable...
ORDER ON ACTING UNITED STATES TRUSTEE'S MOTION TO DISMISS PURSUANT TO 11 U.S.C. 707(b)(3) Paul Baisier , U.S. Bankruptcy Court Judge This case was filed under Chapter 7 of Title 11, United States Code (the "Bankruptcy Code" ) on April 21, 2014 (the " Petition Date "). The Acting United States Trustee's Motion to Dismiss Based on Presumption of Abuse Arising Under 11 U.S.C. 707(b)(2) and Abuse Arising Under 11 U.S.C. 707(b)(3), filed in this case on July 21, 2014 (Docket No. 35)(...
ORDER James R. Sacca , U.S. Bankruptcy Court Judge . This dispute stems from the purchase of a marina located on Lake Burton in North Georgia, and a subsequent loan from the Plaintiff to the purchasing entity owned in part by the Debtor. After a prior extension, when the Debtor's entity could still not repay the loan at its maturity date, the Debtor guaranteed the loan in connection with a further extension and provided an allegedly false written statement regarding his financial condition....
ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . This matter arises between Edward H. Jones, Jr., (hereinafter, the "Debtor") acting in the name of the United States pursuant to Federal Rule of Bankruptcy Procedure 2010(b), and Theo Mann (hereinafter, the "Trustee") and Liberty Mutual Insurance Company (hereinafter, "Liberty Mutual"). 1 There are three motions currently before the Court in this case: Debtor's Motion for Judgment on the Pleadings, Doc. No. 17, Debtor's Motion for...
ORDER Wendy L. Hagenau , U.S. Bankruptcy Court Judge This Adversary Proceeding is before the Court on Defendant's Motion to Dismiss (Docket No. 4) and Plaintiff's Opposition to Defendant's Motion to Dismiss (Docket No. 6), which are being treated as cross-motions for summary judgment by agreement of the parties. The parties dispute whether a security deed contains the requisite signatures and formalities to comply with Georgia law. The Court holds it does not, the defect in the deed is...
