OPINION AND ORDER ON TRUSTEE'S OBJECTION TO CLAIM OF EXEMPTIONS EDWARD J. COLEMAN, III , Bankruptcy Judge . This case is before the Court on the Motion to Retain Life Insurance Proceeds — Amended (dckt. 152) filed by Gail Taylor (" Debtor ") and Trustee's Objection to Claim of Exemptions (dckt. 155) filed by O. Byron Meredith III, the Chapter 13 trustee (" Trustee "). Debtor seeks to retain life insurance proceeds that she received due to her husband/joint debtor's death. In turn, Trustee...
OPINION EDWARD J. COLEMAN, III, Bankruptcy Judge. Since 2006, a husband and wife team have owned and operated a premier bed and breakfast located in the heart of Savannah's historic district, the Foley House Inn, through an entity named Wetdog, LLC (" Wetdog " or " Debtor "). After the 2008 recession led to a sharp decline in revenue and consequently a default on its secured obligations. Wetdog filed for bankruptcy protection to stop a pending foreclosure sale of its real estate. The Debtor...
OPINION AND ORDER ON MOTION TO COMPEL EXECUTION OF LOAN DOCUMENTS LAMAR W. DAVIS, JR., Bankruptcy Judge. Chatham Parkway Self Storage, LLC ("Debtor") filed its Chapter 11 case on November 2, 2012. Dckt. No. 1. On November 1, 2013, Debtor filed this Motion to Compel Execution of Loan Documents ("Motion") as contemplated by its plan of reorganization. Dckt. No. 264. After a hearing on the merits on December 11, 2013, followed by extensive negotiations and a second hearing on February 3, 2014,...
OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING DEBTOR'S MOTION TO STRIP SECOND MORTGAGE LIEN JOHN S. DALIS, Bankruptcy Judge. This matter comes before me on the motion by SunTrust Bank ("SunTrust") to reconsider my order granting Debtor's Motion for an Order Deeming Mortgage Lien of SunTrust as an Unsecured Claim ("Motion to Reconsider"). (ECF No. 47.) SunTrust requests that I vacate that order on the basis that it is void due to the Debtor's failure to serve the Lien...
OPINION AND ORDER GRANTING AMENDED APPLICATION FOR REIMBURSEMENT OF ADMINISTRATIVE EXPENSE EDWARD J. COLEMAN, III, Bankruptcy Judge. Byron Jarriel's (" Debtor ") most valuable assets are farming equipment and land. A few months before the Debtor filed his Chapter 12 petition, he allowed his insurance coverage to lapse on a 1990 John Deere Combine Model 9600 (" Combine ") and a 1994 John Deere Flex Header Model 920 (" Flex Header "). After filing his petition, the Debtor continued to fail to...
OPINION AND ORDER JOHN S. DALIS, Bankruptcy Judge. This matter came on for trial on the Complaint to Determine Dischargeability of Debt filed by Pioneer Construction, Inc. ("Plaintiff") against Jeffery A. May ("Debtor"). (ECF No. 16; A.P. ECF No. 1.) 1 The Complaint contends that a February 7, 2012, Consent Judgment ("Consent Judgment") entered against the Debtor by the Superior Court of Bulloch County, Georgia, held the Debtor liable for willful conversion of payments for real property...
OPINION EDWARD J. COLEMAN, III, Bankruptcy Judge. In 2008, a group of investors formed Sterling Bluff Investors, LLC (" SBI " or " Debtor ") to purchase the last unsold lots and the right to receive the proceeds from the sale of numerous club memberships in a luxury residential development called The Ford Plantation. These investors hoped that these assets could be sold over time at a profit. In its entire history, SBI never sold a single lot, employed a single person, or erected a single...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court are affirmative defenses asserted in the answer filed by Earl C. Nalley, Jr. ("Clay Nalley") and Cynthia Nalley (jointly, "the Nalleys" or "Debtors") seeking to dismiss this adversary proceeding filed by Wilton Clinton Meeks, III ("Meeks"), Paul and Jesse Burke (jointly, "the Burkes"), and A. Stephenson Wallace, the Chapter 7 Trustee ("the Chapter 7 Trustee") (jointly, "Plaintiffs"). The adversary complaint seeks declaratory...
OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTOR'S AMENDED CLAIM OF EXEMPTIONS EDWARD J. COLEMAN, III, Bankruptcy Judge. Before the Court is an objection to the debtor's claim of exemption in an annuity filed by Todd Boudreaux, the chapter 7 trustee (" Trustee "). Trustee's objection requires the Court to revisit the Supreme Court of Georgia's opinion in Silliman v. Cassell, 292 Ga. 464 , 738 S.E.2d 606 , 612 (2013). In Cassell, the Georgia Supreme Court answered certified...
OPINION AND ORDER DENYING STATESBORO MALL LLC'S APPLICATION FOR ADMINISTRATIVE EXPENSES JOHN S. DALIS, Bankruptcy Judge. This matter is before me on the Application for Administrative Expenses ("Application") filed by Statesboro Mall LLC ("Landlord") on July 2, 2013. Before filing a joint chapter 7 petition with his wife, Debtor Daniel Green guaranteed a non-debtor entity's payment under a lease of non-residential real property. The non-debtor entity, Crooked Run Investments LLC ("Tenant"),...
