ORDER ON UNITED STATES TRUSTEE'S MOTION TO CONVERT OR DISMISS LAMAR W. DAVIS, JR., Bankruptcy Judge. The trial of the above-captioned case was conducted on September 14, 2010, and the Court enters the following Findings of Fact and Conclusions of Law based on the stipulations of the parties, the evidence introduced at trial, and applicable authority. FINDINGS OF FACT The United States Trustee contends that the case is subject to dismissal under 707(b)(1) and (b)(3) because Mr. McKay...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor's case was filed on December 11, 2009. Its business consists of ownership and operation of multiple Huddle House franchise restaurants, all of which are located in the state of Georgia. D. Robin Smith and Lane U. Smith (the "Smiths" or "Movants"), as lessors, contend that they validly terminated their lease of a Huddle House in Athens, Georgia to Clubhouse Investments, Inc. ("Debtor" or "...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor's case was filed on October 5, 2009. AgSouth Farm Credit, ACA ("AgSouth") filed a Motion for Relief from Stay on November 10, 2009, which was the subject of an evidentiary hearing on January 19, 2010. After consideration of the evidence I make the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT The parties stipulated that as of the date of the hearing Debtor owed...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT AND CONCLUSIONS OF LAW Debtor's case was filed on November 30, 2009. On April 29, 2010, Darby Bank & Trust Company ("Darby Bank") filed a Motion for Relief from Stay seeking permission of this Court to exercise its state law remedies and foreclose upon the largest portion of Darby Bank's collateral, a combination residential and commercial condominium located on Tybee Island, Georgia....
ORDER REMANDING CASE LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT This case originated as a civil action in the Court of Common Pleas for Marlboro County, South Carolina, in November of 2007. The Plaintiffs, Barbara M. Lester and Lisa A. Johnson sued "on behalf of themselves and others similarly situated" asserting an action for monetary damages and injunctive relief and asserted their entitlement to have the case certified as a class action. See Complaint, Dckt. No. 1, Exh. A,...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtors filed Chapter 11 on April 2, 2010. Petition, Dckt. No. 1. Debtors are individuals who experienced financial loss through farming on the husband's ("Simmons") family farm. Simmons was severely injured in a single car automobile accident and currently is not working. The wife ("Williams"), is trustee of a trust for the benefit of Simmons, and in that capacity has borrowed from the Bank of...
MEMORANDUM AND ORDER ON UNITED STATES TRUSTEE'S MOTION TO DISMISS LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor filed Chapter 7 on January 6, 2009. Petition, Dckt. No. 1. Debtor is a pharmacist with a good income and a comfortable lifestyle. Despite his high income, the U.S. Trustee stipulated that the presumption of abuse under 11 U.S.C. 707(b)(2) did not arise. Statement, Dckt. No. 40 (February 23, 2009). However, the U.S. Trustee did seek dismissal under 11 U.S.C. 707(b)(3)...
MEMORANDUM AND ORDER LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT On July 25, 2007 James C. Fullwood ("Debtor") filed a Chapter 13 case. Petition, Dckt. No. 1. A Plan was confirmed on January 28, 2008, requiring Debtor to pay $450.00 per month for five years. Order, Dckt. No. 43. Four days later, on February 1, 2008, Debtor injured his shoulder during the course of his employment. Debtor has since entered into a Workers' Compensation lump sum settlement for future benefits...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor (also "Borrower") filed Chapter 13 on May 30, 2008. In March of 2006 she had borrowed $720,000.00 from Fremont Investment & Loan ("Fremont" and "Lender") and signed a promissory note and deed to secure debt ("DSD"), pledging her personal residence to secure the debt. Movant, Mortgage Electronic Registration Systems, Inc. ("MERS" and "Movant"), was the named grantee in the DSD which recited that...
