ORDER CONFIRMING PLAN SUSAN D. BARRETT , 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 under the...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Summary Judgment filed by Educational Credit Management Corporation ("ECMC") seeking a determination that the student loan of Alan Demetrius Richardson ("Debtor") is not dischargeable. Debtor contends the debt creates an undue hardship and therefore is dischargeable pursuant to 11 U.S.C. 523(a)(8). This is a core proceeding under 28 U.S.C. 157(b)(2)(I) and the Court has jurisdiction pursuant to 28 U....
OPINION ON MOTION TO CONVERT TO CHAPTER 7 Edward J. Coleman, III , Judge . I. INTRODUCTION A & B Associates, L.P. (the "Debtor") filed this Chapter 11 single asset real estate case on February 3, 2017. (Dckt. 1). The Debtor, a limited partnership organized under the laws of the State of Georgia, owns and operates a 96-unit apartment complex in Beaufort County, South Carolina, known as August on Southside (the "Property"). The Debtor's principal creditor is FCRE REL, LLC ("FCRE"), which...
OPINION ON OBJECTION OF ORLANDO A. MONTOYA TO CONFIRMATION OF PLAN Edward J. Coleman, III , Chief Judge . Before the Court is the objection (dckt. 36) filed by pro se creditor Orlando A. Montoya ("Montoya") to confirmation of the Chapter 13 plain (dckt. 4) filed by William B. Spinks (the "Debtor"). This is the Debtor's second Chapter 13 case. In the Debtor's first case, filed on April 2, 2015, Montoya claimed priority treatment for unpaid wages pursuant to 11 U.S.C. 507(a)(4), which...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Turnover of Excess Funds filed by Cornelius Doolittle ("Debtor") requesting the Chapter 13 Trustee ("Trustee") turnover $3,139.41 mailed to the Trustee by Wells Fargo Home Mortgage ("Wells Fargo") as an "escrow overage." The Trustee objects to turning the money over to the Debtor arguing it is property of Debtor's bankruptcy estate which Debtor has not disclosed or exempted. This is a core proceeding...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . This order addresses the Summary Judgment Motion filed by U.S. Bank National Association a/k/a U.S. Bank, N.A. ("U.S. Bank") and the cross summary judgment motion filed by James Edwin Hicks ("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, both motions are denied. UNDISPUTED FACTS In...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . This order addresses cross motions for summary judgment. First, Joy R. Webster, the chapter 7 trustee ("Trustee") seeks a determination that the relief requested by Evans Plaza Partners, LLC ("Landlord") against her is moot. Next, Landlord seeks partial summary judgment against the Trustee, in her representative capacity, for breach of the lease agreement {the "Lease"). Finally, Landlord seeks partial summary judgment against Evans...
OPINION ON DEBTOR'S OBJECTION TO CLAIM OF FARM BUREAU BANK Edward J. Coleman, III , Chief Judge United States Bankruptcy Court . When Farm Bureau Bank loaned $18,000.00 to Kenneth R. Pierce (the "Debtor") to finance the purchase of a fertilizer spreader for his farm, the parties entered into a security agreement granting Farm Bureau Bank a security interest in the fertilizer spreader (Claim 7-1, Part 2, pp. 1-2). A security agreement is a contract that sets forth the terms agreed upon by...
