ORDER CONFIRMING PLAN SUSAN D. BARRETT , Chief Bankruptcy Judge . It having been determined after hearing on notice that the plan complies with the provisions of Chapter 13 and with all other applicable provisions of Title 11, that all fees, charges or amounts required under Chapter 123 of Title 28 or by the plan, to be paid before confirmation, have been paid, that the plan was proposed in good faith and not by any means forbidden by law, that the value of property to be distributed...
OPINION ON DEBTOR'S MOTION FOR DETERMINATION OF FEES, EXPENSES, OR CHARGES UNDER BANKRUPTCY RULE 3002.1(e) EDWARD J. COLEMAN, III , Bankruptcy Judge . Before the Court is the Debtor's "Objection to the Post-Petition Mortgage Fees, Expenses, and Charges" (dckt. 29) asserted by PHH Mortgage Corporation ("PHH Mortgage"). The Court construes the Objection as a motion for determination of fees, expenses, or charges under Federal Rule of Bankruptcy Procedure 3002.1(e). After careful...
ORDER ON DEBTOR'S MOTION FOR DETERMINATION OF FEES, EXPENSES, OR CHARGES UNDER BANKRUPTCY RULE 3002.1(e) EDWARD J. COLEMAN, III , Bankruptcy Judge . This case is before the Court on the Debtor's Motion for Determination of Fees, Expenses, or Charges (dckt. 29). Pursuant to Bankruptcy Rule 3002.1(e), PHH Mortgage Corporation ("PHH Mortgage") filed a notice that it had incurred post-petition attorneys' fees in the amount of $600. Consistent with the Opinion separately entered: IT IS...
ORDER ON EMERGENCY MOTION FOR INTERIM STAY OF STATE COURT ACTION EDWARD J. COLEMAN, III , Bankruptcy Judge . Before the Court is the Emergency Motion Under 11 U.S.C. 105 for Interim Stay of State Court Action Against Guarantor (dckt. 219) filed by A & B Associates, L.P. (the "Debtor"). The Debtor requests the Court stay a lawsuit against guarantor Christopher Kettles ("Mr. Kettles"), the principal owner of the Debtor, filed by creditor FCRE REL, LLC ("FCRE") in the Supreme Court of New...
OPINION ON DEBTOR'S MOTION FOR DETERMINATION OF FEES, EXPENSES, OR CHARGES UNDER BANKRUPTCY RULE 3002.1(e) EDWARD J. COLEMAN, III , Bankruptcy Judge . Before the Court is the Debtor's "Objection to the Post-Petition Mortgage Fees, Expenses, and Charges" (dckt. 29) asserted by PHH Mortgage Corporation ("PHH Mortgage"). The Court construes the Objection as a motion for determination of fees, expenses, or charges under Federal Rule of Bankruptcy Procedure 3002.1(e). After careful...
OPINION ON DEFENDANT'S MOTION FOR SANCTIONS Edward J. Coleman, III , Judge, United States Bankruptcy Court . The Court previously entered an Order granting both Defendants' motions to dismiss this adversary proceeding, finding that the Plaintiff's amended complaint was so deficient that it could not pass muster under Rule 12(b)(6) standards. Now pending before the Court is the Motion for Sanctions filed by Defendant PIP-East, LLC ("PIP-East"), which requires the Court to determine whether...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . This order addresses the Motion for Summary Judgment filed by Joy R. Webster, the chapter 7 trustee ("Trustee") seeking a determination that the language of the asset purchase agreement ("APA") entered between the Trustee and Evans Fitness Club Express, LLC ("Express") is unambiguous and did not include the sale of lockers, mirrors, television mounts, sauna equipment, mats or other fixtures ("Disputed Items") 1 not expressly listed...
OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Motion for Summary Judgment (adv. dckt. 11) filed by Debtor Anita H. Pittman (the "Plaintiff") on February 1, 2017. In this adversary proceeding, Plaintiff seeks to avoid the judicial liens held by Defendants Wilbert A. Lawrence and Kerri D. Lawrence (collectively, the "Defendants") pursuant to 11 U.S.C. 522(f). These liens arise from default judgments entered...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is an Objection to the Claim of World Finance Corporation ("World Finance") filed by Penny C. Mullis ("Debtor") seeking disallowance of World Finance's proof of claim. 1 This is a core proceeding pursuant to 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 OF FACT World Finance filed an unsecured claim in...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is an Objection to the Claim of World Finance Corporation ("World Finance") filed by Melissa Moss ("Debtor") seeking disallowance of World Finance's proof of claim. 1 This is a core proceeding pursuant to 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 OF FACT World Finance filed an unsecured claim in...
OPINION ON CONFIRMATION OF DEBTOR'S SECOND AMENDED PLAN OF REORGANIZATION EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Second Amended Plan of Reorganization (the "Second Amended Plan") (dckt. 466) filed by Mableton, LLC (the "Debtor"), which was scheduled for confirmation on February 28, 2017. This Chapter 11 reorganization case involves the Debtor's ownership and leasing of residential property, including a 50-unit (25 duplexes) development located in...
OPINION ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT EDWARD J. COLEMAN, III , Bankruptcy Judge . More than forty years ago, the Debtor, James T. Turner, Jr. (the "Debtor"), 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. In 2015, JTT Construction was forced to close its doors, and the Debtor filed his individual Chapter 7 case....
OPINION ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT EDWARD J. COLEMAN, III , Bankruptcy Judge . More than forty years ago, the Debtor, James T. Turner, Jr. (the "Debtor"), 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. In 2015, JTT Construction was forced to close its doors, and the Debtor filed his individual Chapter 7 case....
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . This Order addresses the United States Trustee's ("UST") complaint to revoke Larry Smith's ("Debtor's") discharge pursuant to 11 U.S.C. 727(d)(1) and (d)(2), along with the Debtor's oral Motion for Judgment on Partial Findings. 1 This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(J) and the Court has jurisdiction to address the matter pursuant to 28 U.S.C. 1334. For the following reasons, the Debtor's discharge is...
OPINION 1 ON JUDSON C. HILL'S MOTION TO ALLOW ADMINISTRATIVE PRIORITY CLAIM EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Motion to Allow Administrative Priority Claim (the "Motion") (dckt. 59) filed by the Debtor's attorney, Judson C. Hill ("Hill"). In this Chapter 13 case, the Court granted the Debtor's application to pay the filing fee in installments, allowing her to pay such fee within 120 days from her petition date. However, prior to the deadline...
OPINION 1 ON BARBARA B. BRAZIEL'S AMENDED MOTION TO ALLOW POST-PETITION CLAIM Edward J. Coleman, III , Judge , United States Bankruptcy Court, Southern District of Georgia. Pending before the Court is the Amended Motion to Allow Post-Petition Claim For the Preservation of the Estate (the "Amended Motion") (dckt. 48) filed by the Debtor's attorney, Barbara B. Braziel ("Brazier"). In this Chapter 13 case, the Court granted the Debtor's application to pay the filing fee in installments,...
OPINION ON DEBTOR'S MOTION FOR SUMMARY JUDGMENT Edward J. Coleman, III , Judge . In 2009, the plaintiffs Gray Tybee II, LLC ("Tybee II"), Gray Tybee III, LLC ("Gray Tybee III"), Pannell Properties II, LLC ("Pannell II"), and Pannell Properties III, LLC ("Pannell III") (collectively, the "Plaintiffs") entered into a real estate transaction with the Debtor 1 which included a "buy-back" provision that allowed Plaintiffs, at their option, to sell the purchased real estate back to the Debtor...
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . This order addresses the Motion for Judgment on the Pleadings filed by U.S. Bank; National Association a/k/a U.S. Bank, N.A. ("U.S. Bank") seeking dismissal of the complaint filed by James Edwin Hicks ("Plaintiff" or "Debtor"). This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A), (E), (G), (K), and (O). The Court has jurisdiction to address the motion under 28 U.S.C. 1334 For the following reasons, U.S. Bank's motion...
OPINION AND ORDER SUSAN D. BARRETT , Chief Bankruptcy Judge . This order addresses Virginia "Sam" Pannill, f/k/a Virginia P. Shelnut's ("Ms. Pannill") Emergency Motion to Abstain, or in the Alternative, for Modification of the Automatic Stay, or a Determination that the Automatic Stay is Not Applicable Under 11 U.S.C. 362(b)(1) and (2). This is a core proceeding under 28 U.S.C. 157(b)(2)(A) and (G) and the Court has jurisdiction to address the matter pursuant to 28 U.S.C. 1334. For the...
OPINION ON DEFENDANTS' MOTIONS TO DISMISS ADVERSARY PROCEEDING EDWARD J. COLEMAN, III , Bankruptcy Judge . The day after the Debtor filed her Chapter 13 bankruptcy petition, Defendant Wells Fargo Bank, N.A. ("Wells Fargo") conducted a non-judicial foreclosure of certain real property located at 4 Blue Gill Lane, Pooler, Georgia 31322 (the "Residence"). This property (which serves as the Debtor's marital residence) was owned solely by the Debtor's husband, and he alone executed the note...
