ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND DIRECTING PARTIES TO FILE STATEMENTS REGARDING THE COURT'S AUTHORITY TO ENTER FINAL JUDGMENT ARTHUR B. FEDERMAN, Bankruptcy Judge. Debtor Betty Jo Shelton filed this adversary proceeding against Wells Fargo Bank, N.A., asserting several causes of action against it relating to the foreclosure of her home. Wells Fargo filed a Motion to Dismiss, and Ms. Shelton voluntarily dismissed Counts I, II, and VI of the Complaint, without prejudice. The...
ORDER GRANTING APPLICATION BY McDOWELL RICE SMITH & BUCHANAN, COUNSEL FOR DEBTOR, FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND FOR REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES ARTHUR B. FEDERMAN, Bankruptcy Judge. The law firm of McDowell Rice Smith & Buchanan ("MRS & B"), as counsel for Debtor Prospect Studios, L.P., has filed an Application for allowance of compensation for services rendered and for reimbursement of expenses incurred for the period of February 13, 2012 through...
MEMORANDUM OPINION JERRY W. VENTERS, Bankruptcy Judge. On May 3, 2011, Debtors-Plaintiffs Bruce and Mary Knigge filed a two-count complaint against SunTrust Mortgage, Inc., seeking: 1) a determination that SunTrust does not have standing to enforce the promissory note or deed of trust underlying SunTrust's purported lien on the Debtors' residence, and 2) an order removing SunTrust's deed of trust from the chain of title as a cloud thereon. The Plaintiffs and the Defendant have each filed...
MEMORANDUM OPINION DENNIS R. DOW, Bankruptcy Judge. These matters were commenced by the filing of complaints initiating adversary proceedings by plaintiffs Jill D. Olsen, Chapter 7 Trustee, and Janice A. Harder, Chapter 7 Trustee, by and through their attorney ("Trustees") against defendant Chase Bank USA, N.A. ("Chase") to avoid transfer pursuant to 11 U.S.C. 544(a)(1) or (a)(3). They are core proceedings under 28 U.S.C. 157(b)(2)(K) over which the Court has jurisdiction pursuant to 28...
