OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Shannon Marie Covington ("Debtor") filed this adversary seeking an order requiring Santander Consumer USA, Inc., Citifinancial Auto Ltd. and Citifinancial Auto Corporation, (collectively, "Santander") to remit to Debtor the certificate of title to a 2007 Ford Taurus, VIN 1FAFP53U47A211486 (the "Vehicle"), unencumbered by any of Santander's liens. Santander filed a motion for summary judgment contending its lien survived the...
MEMORANDUM OPINION ON DEBTORS' MOTION TO EXTEND THE AUTOMATIC STAY AS TO KNOLLWOOD TOWNHOMES CONDOMINIUM ASSOCIATION, INC. EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Debtor's Motion to Extend Automatic Stay Pursuant to 11 U.S.C. 362(c)(3)(B) (the "Motion to Extend") (dckt.6) and the Response to Motion to Extend the Automatic Stay (the "Objection") (dckt 18) filed by creditor Knollwood Townhomes Condominium Association, Inc. ("Knollwood"). Because the...
OPINION AND ORDER GRANTING PLAINTIFF'S FIRST MOTION TO AMEND COMPLAINT EDWARD J. COLEMAN, III , Bankruptcy Judge . Nearly forty years ago, the Debtor, James T. Turner, Jr., founded J.T. Turner Construction Co. ("JTT Construction"), a general contractor in the Savannah, Georgia area. During that time, he served as JTT Construction's CEO, CFO and Secretary. As with other construction companies, the economic downturn of 2008 appears to have taken its toll on JTT Construction. By early 2015,...
OPINION AND ORDER GRANTING PLAINTIFF'S SECOND MOTION TO AMEND COMPLAINT EDWARD J. COLEMAN, III , Bankruptcy Judge . Nearly forty years ago, the Debtor, James T. Turner, Jr., founded J.T. Turner Construction Co. ("JTT Construction"), a general contractor in the Savannah, Georgia area. During that time, he served as JTT Construction's CEO, CFO and Secretary. Like other construction companies, the economic downturn of 2008 appears to have taken its toll on JTT Construction. By early 2015,...
OPINION AND ORDER OF DISMISSAL JOHN S. DALIS , Bankruptcy Judge . Pursuant to notice, hearing was held on the defense of failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure 1 by Defendant-Debtor Mark T. Hornsby, with response in opposition by Plaintiff-Creditor Michael Boone. For the reasons that follow, the defense 2 is sustained, and the Complaint under 11 U.S.C. 523(a)(2)(A) for exception to discharge is dismissed....
MEMORANDUM OF DECISION Edward J. Coleman, III , Judge United States Bankruptcy Court Southern District of Georgia . The Debtor, Todd Powell, filed his Chapter 13 petition and plan on November 19, 2014. (Dckt. 1). In his Schedule "B", the Debtor listed two vehicles, a 1997 Dodge 3500 truck and a 1999 Honda Passport automobile. Id. The Debtor listed Shorty's Used Cars ("Shorty's") as holding a security interest in each vehicle. Id. As of the petition date, the Debtor had not made...
OPINION ON APPROVAL OF DEBTORS' DISCLOSURE STATEMENT EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is approval of the Disclosure Statement (dckt. 173) filed by the individual Chapter 11 debtors, Grant and Allisen Rogers (the "Debtors"). The Debtors are the sole members 1 of the limited liability company known as Wetdog, LLC ("Wetdog"), which owns the Foley House Inn (the "Inn"), a bed and breakfast in the historic district of Savannah, Georgia. The Debtors primary...
OPINION AND ORDER DENYING THE UNITED STATES TRUSTEE'S OBJECTION TO THE AMENDED APPLICATION TO EMPLOY COUNSEL JOHN S. DALIS , Bankruptcy Judge . This matter came on for hearing on the amended application to employ ("Amended Application") C. James McCallar, Jr. and Tiffany E. Caron of the McCallar Law Firm ("Applicants") with objection by the United States Trustee ("UST"). At the conclusion of the hearing, I took this matter under advisement. For the reasons that follow, the UST's...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Pursuant to notice a hearing was held December 4, 2015 on Debtor's Application for Administrative Expense with objections filed by RES-GA Bay St. Louis, LLC ("RES-GA") and RREF II WBC Acquisitions, LLC ("RREF" or "Bank"). This is a core proceeding under 28 U.S.C. 157(b)(2)(B) and the Court has jurisdiction under 28 U.S.C. 1334. For the reasons set forth on the record at the hearing, and for the following reasons. Debtor's...
OPINION AND ORDER SUSAN D. BARRETT , CHIEF UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Motion for Summary Judgment filed by William Jeffrey Brooks ("Debtor") objecting to the proof of claim filed by RES-GA BAY ST. LOUIS, LLC ("RES-GA"). Debtor contends he is entitled to summary judgment for two reasons. First, Debtor argues RES-GA is not authorized to do business in Georgia and therefore lacks standing to pursue a claim in this bankruptcy. Second, Debtor argues he is not...
MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT EDWARD J. COLEMAN, III , Bankruptcy Judge . In 2006 the Defendant, Dr. Kenneth R. Hardigan ("Defendant" or "Debtor"), purchased a home located at 1 Bluff Drive in the Isle of Hope district of Savannah, Georgia (the "Property"). In September 2007 he contracted with the Plaintiff, K.A.P., Inc. ("K.A.P."), to make substantial renovations to the home (the "Project"). The Project was originally budgeted for $1,092,943 and the Debtor...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Thomas J. McFarland ("Debtor") filed a "Motion to Reconsider and Rescind Orders Compelling the Turnover of Assets, Docket No. 271 and Docket No. 351." ("Motion for Reconsideration"). Dckt. No. 356. This Opinion and Order considers the Motion for Reconsideration of this Court's Order Compelling Turnover of Assets entered November 22, 2013 ("2013 Turnover Order"). Dckt. Nos. 271. 1 This is a core proceeding pursuant to 28 U.S.C. 157(...
OPINION AND ORDER ON SEA ISLAND ACQUISITION'S MOTION TO CLARIFY JOHN S. DALIS , Bankruptcy Judge . This matter is before me on the Motion to Clarify Provisions Relating to Implementation of the Confirmed Plan ("Motion to Clarify") filed by Sea Island Acquisition, LLC f/k/a Sea Island Acquisition, LP ("SIA"). SIA appeared at the hearing and upon its request was excused. The Liquidation Trustee ("Trustee") and Kings Point Property Owners Association, Inc. ("Kings Point POA") each filed...
OPINION ON MOVANTS' MOTION FOR RELIEF FROM AUTOMATIC STAY EDWARD J. COLEMAN, III , Bankruptcy Judge . Before the Court is the Motion for Relief from Automatic Stay ("Relief Motion") (dckt. 12) filed by Associated Maintenance Services, Inc. d/b/a Savannah Professional Maintenance ("Associated Maintenance") and Jack Forehand ("Jack") (collectively "Movants"). Movants request that the automatic stay be lifted so that they can pursue their remedies, including the enforcement of an injunction,...
OPINION ON DEBTOR'S AMENDED MOTION FOR ORDER TO USE CASH COLLATERAL EDWARD J. COLEMAN, III , Bankruptcy Judge . Before the Court is debtor Shree Meldikrupa Incorporated's ("Debtor") Amended Motion For Order to Use Cash Collateral ("Amended Cash Collateral Motion") (dckt. 64) 1 . The Debtor is a Georgia corporation which operates a CITGO gas station and convenience store located at 251 W. General Screven Way, Hinesville, Liberty County, Georgia 31313 (the "Property"). The disputed cash...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Summary Judgment filed by William Jeffrey Brooks ("Debtor") regarding his objections to the proofs of claim filed by RREF II WBC Acquisitions ("RREF"). Debtor argues RREF lacks standing to file the claim because it is not duly authorized to do business in Georgia. Debtor further asserts he is not personally liable for RREF's claims because his liability was extinguished by a pre-petition settlement....
