OPINION AND ORDER OF DISMISSAL WITH PREJUDICE JOHN S. DALIS , United States Bankruptcy Judge . Pursuant to notice, hearing was held on the Motion to Dismiss ("Motion") by Defendant Pension Benefit Guaranty Corporation, with response in opposition by Plaintiffs/Debtors Durango Georgia Paper Company, Durango Georgia Converting Corporation, and Durango Georgia Converting LLC, acting by and through their Liquidating Trustee, National CRS LLC. For the reasons that follow, the Motion is...
OPINION ON DEFENDANT'S MOTION TO DISMISS, PLAINTIFFS' MOTION TO AMEND COMPLAINT, AND DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE AMENDED COMPLAINT EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is defendant James T. Turner, Jr.'s ("Defendant" or "Debtor") Motion to Dismiss ("Dismissal Motion") (adv. dckt. 9), plaintiffs Brent Harlander, Richard P. Van Benschoten and Scott McKenna ("Plaintiffs") Motion to Amend Complaint ("Amendment Motion") (adv. dckt. 13), and...
OPINION AND ORDER REGARDING THE SUFFICIENCY OF KINGS POINT PROPERTY OWNERS ASSOCIATION INC.'S RESPONSE TO THE LIQUIDATION TRUSTEE'S FIRST SET OF REQUESTS FOR ADMISSION AND SETTING DISCOVERY DEADLINE AND HEARING DATE JOHN S. DALIS , Bankruptcy Judge . This matter came on for hearing on the Liquidation Trustee's Motion Regarding the Sufficiency of Kings Point Property Owners Association Inc.'s Response to the Liquidation Trustee's First Set of Requests for Admission, to Extend the Discovery...
MEMORANDUM OPINION AND ORDER ON DEBTORS' MOTIONS TO ALLOW CLAIM EDWARD J. COLEMAN, III , Bankruptcy Judge . This matter is before the Court on nine Motions to Allow Claim (dckt nos. 32-40) filed by the debtors, Miles and Donna Girardeau (the "Debtors"), on behalf of Southside Fire/EMS, Anesthesia Consultants of Savannah, Coastal Behavioral Health, Antioch Medical Associates, Southcoast Health, Southeast Medical Equipment Company, Central EMS, Memorial Health University Medical Center, and...
OPINION AND ORDER ON DEBTORS' MOTIONS FOR JUDGEMENT BY DEFAULT LAMAR W. DAVIS, Jr. , Bankruptcy Judge . In each of the above-captioned cases, Default has been entered by the Clerk of this Court. This followed proper service of Complaints and Summons by the Debtors seeking to treat the Defendants' second mortgages as wholly unsecured and to cancel the mortgage lien on record. Default has been entered in both cases and a Motion for Entry of Default Judgment has been pending in each case for...
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . Before the Court is William Jeffrey Brooks' ("Debtor") objection to Gwinnett Community Bank's ("Gwinnett") proof of claim. Debtor argues his purported signature on the guaranty is a forgery and therefore he is not liable for this debt. This is a core proceeding under 28 U.S.C. 157(b)(2)(B) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. For the following reasons, Debtor's objection to claim is denied. FINDINGS...
OPINION AND ORDER SUSAN D. BARRETT , CHIEF UNITED STATES BANKRUPTCY JUDGE Before the Court are the issues of whether Christopher Garrett Mohr ("Debtor") has standing as a chapter 7 debtor to object to the proofs of claim and motion for relief filed by RREF II WBC Acquisitions, LLC ("RREF"), and whether RREF has standing to file a motion for relief and defend against Debtor's objection to its proofs of claim. For the following reasons, the Court finds that Debtor lacks standing to object...
OPINION AND ORDER SUSAN D. BARRETT , CHIEF UNITED STATES BANKRUPTCY JUDGE . Before the Court is a Motion to Dismiss filed by Hall Oil Company ("Hall") seeking dismissal of the Chapter 7 Trustee's ("Trustee") 11 U.S.C. 547 and O.C.G.A. 18-2-74 complaint arguing the complaint is barred by the statute of limitations. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(F) and the Court has jurisdiction under 28 U.S.C. 1334. For the following reasons, Hall's motion to dismiss is...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Second Motion to Dismiss filed by Hall Oil Company ("Hall") seeking dismissal of the Chapter 7 Trustee's ("Trustee") 11 U.S.C. 547 and O.C.G.A. 18-2-74 amended complaint arguing the complaint is barred by the statute of limitations. Also before the Court is the Trustee's Motion to Amend the Complaint seeking to add claims pursuant to 11 U.S.C. 548 and 549. This is a core proceeding pursuant to 28 U.S.C. 157(...
OPINION AND ORDER ON DEBTOR'S MOTION FOR DEFAULT JUDGMENT LAMAR W. DAVIS, Jr. , Bankruptcy Judge . Everette L. Davis ("Debtor" or "Plaintiff') filed her Chapter 13 petition and proposed Plan of Reorganization on January 14, 2015. Dckt. Nos. 1, 4. 1 In the petition, Debtor listed among her assets her residence located at 2220 Mason Drive, Savannah, Georgia (the "Property"). Dckt. No. 1. On April 7, 2015, Debtor initiated this Adversary Proceeding by filing a Complaint to Determine...
OPINION AND ORDER DISMISSING OBJECTIONS TO CLAIMS JOHN J. DALIS , Bankruptcy Judge . Pursuant to notice, the objections by Debtor Robert Edward Holland to the claims of his ex-wife, Diana McCartney, came on for hearing, with McCartney's response. 1 The chapter 7 Trustee having reported that there is no non-exempt property available for distribution from the estate, the Amended Objections to Claims Number 6 and Number 7 are dismissed. In dismissing the objections, I make no determination...
OPINION AND ORDER SUSAN D. BARRETT , CHIEF UNITED STATES BANKRUPTCY JUDGE . Before the Court is a motion for summary judgment filed by Navy Federal Credit Union ("Navy") seeking a determination that Navy's claim is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(2)(B) and 523(a)(6). Navy contends Stanley Earl Purse ("Purse") incurred several debts with Navy that he never intended to repay and defrauded Navy by providing false information about his income and the...
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . Before the Court is a motion for summary judgment filed by Pentagon Federal Credit Union ("Pentagon") seeking a determination that Pentagon's claim is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523 (a) (2) (B) and 523(a)(6). Pentagon contends Stanley Earl Purse ("Purse") incurred several debts with Pentagon that he never intended to repay and defrauded Pentagon by providing false information about his income...
OPINION AND ORDER GRANTING MOTION TO COMPEL TURNOVER AND ENTRY OF MONEY JUDGMENT JOHN S. DALIS , United States Bankruptcy Judge . This matter is before me on the chapter 7 Trustee's Amended and Re-Cast Motion to Compel Debtor Carolyn Tate to Turnover Property of the Bankruptcy Estate ("Amended Turnover Motion"). I find that the Trustee has met the burden necessary to compel turnover of property of the estate that Mrs. Tate has failed to surrender. Further, I find that based on Mrs. Tate's...
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . Before the Court is a Motion filed by D. Duston Tapley Jr. ("Tapley") to Correct Findings of Fact set forth in this Court's previous Opinion and Order entered after a multi-day trial. 1 The motion seeks the Court to reconsider its previous factual finding that the deed from Arthur Sharpe to Eloise Deloach ("the Quit-claim Deed") was not notarized or witnessed. Despite the fact that at trial Tapley consented to the entry into...
OPINION Edward J. Coleman, III , United States Bankruptcy Judge , Southern District of Georgia. This case is before the Court on the Objection to Employment of Debtor's Counsel (dckt.45) filed by Guy G. Gebhardt, Acting United States Trustee for Region 21 (" U.S.Trustee "). Counsel for the debtor admit that they technically violated Rule 2014 of the Federal Rules of Bankruptcy Procedure (" Bankruptcy Rules ") by failing to state the "connections" required to be disclosed under that rule....
OPINION AND ORDER ON DEBTOR'S MOTION FOR DEFAULT JUDGMENT Lamar W. Davis, Jr. , United States Bankruptcy Judge . Everette L. Davis ("Debtor" or "Plaintiff') filed her Chapter 13 petition and proposed Plan of Reorganization on January 14, 2015. Dckt. Nos. 1, 4. 1 In the petition, Debtor listed among her assets her residence located at 2220 Mason Drive, Savannah, Georgia (the "Property"). Dckt. No. 1. On April 7, 2015, Debtor initiated this Adversary Proceeding by filing a Complaint to...
