OPINION ON MOTION TO REOPEN CHAPTER 11 CASE Edward J. Coleman, III , Chief Judge . I. Introduction This Chapter 11 case was closed eight years ago, on September 21, 2011, after the Court confirmed the plan of reorganization filed by the Debtor, Environmental Wood Products, Inc. Since that time, the Debtor has made all of its scheduled plan payments to both secured and unsecured creditors. To all appearances, the plan seems to have succeeded. But at some point, the Debtor's principal,...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . In this Adversary Proceeding, AmeriCash Loans, LLC ("Americash") filed a Motion to Dismiss for failure to state a claim and requesting dismissal of this adversary proceeding under the Federal Arbitration Act (9 U.S.C. 1 et seq. ("FAA")). In a prior order, the Court found the matter proper for arbitration and directed that: either party may make a demand for arbitration in accordance with the arbitration agreement within 21 days of...
OPINION AND ORDER Susan D. Barrett , United States Bankruptcy Judge Southern District of Georgia. Before the Court is the Motion to Dismiss filed by AmeriCash Loans, LLC ("Americash") for failure to state a claim and requesting dismissal of this adversary proceeding under the Federal Arbitration Act (9 U.S.C. 1 et seq. ("FAA")). The Court has jurisdiction under 28 U.S.C. 1334. FINDINGS OF FACT In October 2016, Ronnie Scott ("Debtor"), a Georgia resident, physically travelled to...
ORDER AND OPINION SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is Leon and Tawanda Lewis' ("Debtors") Amended Motion to Extend the Automatic Stay and Cadles of West Virginia, LLC's ("Cadles") Response and Motion to Dismiss Case. This is a core proceeding under 28 U.S.C. 157(b)(2)(A), (G), and (O) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. FINDINGS OF FACT Debtors filed this bankruptcy case within 180 days of their voluntary dismissal of their previous...
OPINION ON CHAPTER 13 TRUSTEE'S MOTION TO DISMISS WITH PREJUDICE EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Motion to Dismiss this case with prejudice (dckt. 44) filed by the Chapter 13 Trustee (the "Trustee") based on certain misrepresentations made by Neacie D. Blige (the "Debtor"). Although the Debtor has been incarcerated in Liberty County, Georgia, since February of 2018 on assault charges, throughout this bankruptcy case, she has consistently...
ORDER CONFIRMING PLAN MICHELE J. KIM , 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 13 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...
ORDER CONFIRMING MODIFIED 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...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court are separate Motions to Dismiss filed by Todd Boudreaux ("Boudreaux") and Liberty Mutual Insurance Co. ("Liberty Mutual") (collectively "Defendants") seeking the dismissal of this adversary proceeding filed by the United States of America for the Use of Lister Harrell ("Mr. Harrell"), Saraland, LLLP ("Saraland"), and Paradise Farms, Inc. ("Paradise Farms")(collectively "Plaintiffs"). The Motions seek dismissal on the...
OPINION ON CONFIRMATION OF DEBTOR'S AMENDED CHAPTER 11 PLAN EDWARD J. COLEMAN, III , Bankruptcy Judge . I. INTRODUCTION Pending before the Court is the Amended Chapter 11 Plan (the "Amended Plan") (dckt. 374) filed by A & B Associates, L.P. (the "Debtor"), which was scheduled for confirmation on October 1, 2018. The Debtor, a limited partnership organized under the laws of the State of Georgia, filed this Chapter 11 reorganization case on February 3, 2017. (Dckt. 1). The Debtor owns and...
ORDER AND OPINION Susan D. Barrett , United States Bankruptcy Judge . This order addresses two matters. First, the order considers Debtor's Request for Entry of Discharge Forthwith Pursuant to Federal Rule of Bankruptcy Procedure 4004(c) filed by Archie Joel Champion, III ("Debtor"). Second, the order addresses the timeliness of the United States Trustee's ("UST's") Motion to Dismiss, or in the Alternative to Convert the Case to Chapter 11. These are core proceedings pursuant to 28 U.S....
OPINION AND ORDER SUSAN D. BARRETT , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the complaint filed by Evans Plaza Partners, LLC ("Landlord") against Evans Fitness Club Express, LLC ("Express") alleging Express improperly removed property belonging to Landlord. Trial was held to determine ownership of the property. 1 This adversary proceeding is a core proceeding under 28 U.S.C. 157(b) (2)(A), (N), and (0) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. For the...
