OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Debtor's proposed chapter 11 plan amortizes the Georgia Department of Revenue's claim over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. Dckt. No. 122, Plan, Art. IV, 4.3, p. 5. At the hearing, the parties stipulated that all the requirements of confirmation have been met, except for a legal determination of whether the "regular installment payments" language of 11 U.S.C....
OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JOHN S. DALIS, Bankruptcy Judge. This matter comes before me on the amended motion for summary judgment by Defendants Kenneth E. Futch and Savage & Turner, P.C. 1 ("Attorneys") 2 . The first issue raised is whether Attorneys have an attorney's charging lien ("Charging Lien") against the proceeds of a settlement reached post-petition when Attorneys served as both pre-petition counsel to the Debtor and post-petition special...
OPINION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor filed his Chapter 7 case on June 1, 2009. Dckt. No. 1. 1 Debtor initiated this adversary proceeding on February 23, 2010. A.P. Dckt. No. 1. Currently pending before the Court is Deutsche Bank National Trust Company, One West Bank, F.S.B., Mortgage Electronic Registration Systems, Inc., and RBC Bank's (collectively "Defendants") Motion for Summary Judgment (the "Motion") filed on August...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. This Opinion and Order addresses the following four issues: 1. Whether payments from exempt income streams lose their exempt status under 42 U.S.C. 407, 38 U.S.C. 5301, or O.C.G.A. 44-13-100(a)(2)(A)-(E) when paid to a debtor and deposited prepetition into non-exempt accounts. 2. Whether a debtor may exempt the full cash surrender value of a whole life insurance policy pursuant to O.C.G.A. 33-25-11 or whether he is limited to the $2,...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is Branch Banking & Trust Company's ("BB & T"'s) motion to dismiss the complaint filed by Michele R. Brown ("Debtor"). This is a core proceeding pursuant to 28 U.S.C. 157 and jurisdiction is proper pursuant to 28 U.S.C. 1334. For the following reasons, BB & T's motion to dismiss is granted. FINDINGS OF FACT On February 16, 2007, Debtor purchased real property in La Grange, Georgia ("the Property"). To finance her...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Rodney M. Moore ("Debtor") commenced this adversary proceeding seeking relief from BAC Home Loan Servicing LP fka Countrywide Home Loans Servicing as a servicing Agent of Bank of America ("Bank of America") for failure to foreclose on property surrendered under his Confirmed Chapter 13 Plan. The matter before me is Bank of America's motion for summary judgment on the claim filed by Debtor. This is a core proceeding pursuant to 28 U.S.C. 157(...
OPINION AND ORDER SUSTAINING DEMANDS FOR & JURY TRIAL, STRIKING DEFENDANT'S PRAYER FOR ATTORNEY'S FEES, AND FIXING TIME FOR FILING AMENDED COUNTERCLAIM JOHN S. DALIS, Bankruptcy Judge. This matter came on for hearing in the Bankruptcy Court after the United States District Court for the Southern District of Georgia ("District Court") denied a motion by Defendant Bacon County Health Services Inc. ("Bacon County") to withdraw the reference for this adversary proceeding. 1 The motion was...
OPINION AND ORDER ON TRUSTEE'S OBJECTION TO DEBTORS' EXEMPTION LAMAR W. DAVIS, JR., Bankruptcy Judge. This matter comes before the Court on the United States Trustee's Objection to Debtor's Claimed Exemption of the cash value of three life insurance policies. FINDINGS OF FACT Debtors, George and Sarah Joyner, filed joint Chapter 11 bankruptcy February 6, 2012. Debtors own three life insurance policies: (1) New York Life Whole Life Insurance Policy, cash surrender value of $20,915.65; (2)...
ORDER AND OPINION SUSAN D. BARRETT, Chief Judge. Pursuant to 11 U.S.C. 1121, Randi Beckworth ("Shareholder") sought to file and confirm a small business Chapter 11 plan ("the Plan") for Randi's, Inc. ("Debtor") more than 300 days after the date of the order for relief. The Court has jurisdiction pursuant to 28 U.S.C. 1334 and this is a core proceeding under 28 U.S.C. 157(b)(2)(L) and (O). Pursuant to 11 U.S.C. 1121(e), I find confirmation should be denied and the case dismissed...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is a Motion for Relief from Stay filed by Stonemark Management, Inc., d/b/a Governor's Place Apartments ("Stonemark") regarding the lease of Apt. D-3, 3211 Wrightsboro Road, Augusta, Georgia ("the Apartment"). Stonemark seeks relief from the stay in order to take possession of the Apartment rented by Barbara Ann Paul ("Debtor"). Stonemark obtained a pre-petition judgment and writ of possession of the Apartment on March 6, 2012....
MEMORANDUM AND ORDER ON MOTION TO DISMISS LAMAR W. DAVIS, JR., Bankruptcy Judge. This case comes before the Court on Defendant, Sea Island Bank's, Motion to Dismiss the Chapter 7 Trustee's 11 U.S.C. 547 preference action. FINDINGS OF FACT Debtor, Stephen Collins, filed Chapter 11 bankruptcy April 22, 2010. He is the sole owner of Del-A-Rae, Inc., which had already filed Chapter 11 bankruptcy October 5, 2009. Collins's case was converted to Chapter 7, June 3, 2011, and James L. Drake was...
ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is a Motion to Incur Debt filed by Ronald F. Key, Jr. and Leah Henneman Key (collectively, the "Debtors", with Ronald F. Key, Jr. referred to as "Key"). The issues in this case are: 1) whether four pieces of real estate inherited by Key from his mother more than 180 days after the Debtors filed their chapter 13 petition are property of the bankruptcy estate; and 2) whether Debtors' motion for Key to incur debt should be approved. This...
