ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is a Motion to Allow Late Claim filed by Len-Verandahs, LLP ("Len-Verandahs") seeking the allowance of its late filed claim in the bankruptcy of Graham Brothers Construction Inc. ("Debtor"). The Court has jurisdiction pursuant to 28 U.S.C. 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(B). For the reasons set forth below, the motion is denied. FACTS The underlying dispute between Len-Verandahs and Debtor arises out...
ORDER SUSAN D. BARRETT, Chief Judge. Todd Adams, Paul Chancellor, Erica Collins, Joyce Dross, Jeff Hornung, Lance Hudson, Mary Ann Kinsler, Dean Loss, Dennis Moberg, Todd Nesley, Jamie Porterfield, Keith B. Powell, Robert Sarafin, Alan Smith, Thomas E. Starnes, Matthew Stewart, Martin J. Taylor, George Maule, and Cindi Griffith (collectively, "Plaintiffs") seek to hold Dr. G. David Volpitto ("Volpitto") personally liable for unpaid employer contributions into the Anesthesia and Pain Medicine...
ORDER SUSAN D. BARRETT, Chief Judge. The matters before me are: Frances G. Bryant's ("Bryant" or "Debtor") complaint against HSBC Mortgage Services, Inc. ("HSBC") to determine HSBC's standing and secured status and requesting declaratory judgment, injunctive and equitable relief, including actual and punitive damages; her request to determine the validity, priority or extent of HSBC's purported lien; and HSBC's motion for relief from the automatic stay. These are core proceedings under 28 U....
ORDER AWARDING PUNITIVE DAMAGES AND ATTORNEYS' FEES LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT This adversary proceeding commenced on January 28, 2009, was tried on September 17, 2010, and the Court entered a Memorandum and Order on November 18, 2010, awarding actual damages in the amount of $293,650.02. That Order allowed the award of attorneys' fees and punitive damages to Plaintiff, but reserved a ruling on those amounts. The attorneys' fees and punitive damages issues...
MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor's case was filed on February 7, 2010. Community West Bank filed a Motion for Relief from the Automatic Stay on July 9, 2010, and after preliminary hearings were conducted, a trial of all issues was held on October 19, 2010. FINDINGS OF FACT Debtor is an equipment rental company which has been in business for a number of years. In 2005 the previous owners of the company sold it to the current...
MEMORANDUM AND ORDER LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT Debtor filed Chapter 11 on October 5, 2009, and proposed a Plan and a Disclosure Statement on April 20, 2010. Dckt. Nos. 116, 117. Citizen's Bank of Effingham ("CBE"), among others, objected to the Disclosure Statement on multiple grounds. This Court held a hearing to consider the Disclosure Statement on June 15, 2010. During that hearing Debtor withdrew the Disclosure Statement and was given until August 2, 2010,...
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 ("Ag-South") filed a Motion for Relief from Stay on November 10, 2009. A hearing was conducted on January 19, 2010, after which I entered an Order denying that Motion on an interim basis and provided for a final hearing to be conducted at a later time. AgSouth Farm Credit, ACA v. Del-A-Rae, Inc., ___ B.R. ___ (Bankr.S.D.Ga.2010)....
MEMORANDUM AND ORDER LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor's case was filed on August 4, 2009. On November 9, 2009, Michael Portman ("Portman") filed a complaint seeking a determination that a debt owed to him by Debtor should be held non-dischargeable. After discovery and pretrial proceedings, the issue was tried on December 7, 2010. Based on the evidence and applicable authorities I make the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT Debtor is in his...
MEMORANDUM AND ORDER LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtors purchased real property in 2006. To complete the transaction, they borrowed the purchase money from Citizen's Bank of Effingham ("CBE"), executed a promissory note for the borrowed amount (the "Note"), and executed a deed to secure debt as security for that loan (the "Security Deed"). The Security Deed named Mortgage Electronic Registration Systems, Inc. ("MERS") 1 as grantee and nominee for CBE and its successors. The Note...
