CHAPTER 13 ORDER Randy D. Doub , United States Bankruptcy Judge . Pending before the Court is the Objection to Confirmation of Plan and Motion to Dismiss filed by the Chapter 13 Trustee on September 5, 2014, the Memorandum of Law in Support of Objection to Confirmation filed by the Chapter 13 Trustee on October 22, 2014, the Response in Opposition to Trustee's Objection to Confirmation and Motion to Dismiss filed by Cydric Ranard Harris and Pamela Renee Harris (the "Debtors") on...
ORDER OVERRULING CREDITOR'S OBJECTION TO DEBTOR'S EXEMPTIONS AND DENYING CREDITOR'S MOTION TO AMEND PLEADINGS STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . This matter comes on to be heard upon Engell's Objection to Debtor's Exemptions ("Objection") filed by Jay K. Engell ("Engell") on August 26, 2015, the Response to Document Titled Creditor's Objection to Debtor's Exemptions ("Response") filed by John C. Sheetz, Sr. ("Debtor") on September 28, 2015, and Engell's Motion to Amend Pleadings...
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Stephani W. Humrickhouse , United States Bankruptcy Judge . In this adversary proceeding, the plaintiff debtors, William Anthony Huff and Barbie Angelic Huff (the "Huffs"), seek an order disallowing the secured claim and avoiding the deed of trust held by Bernard Gallagher and Patti Ann Gallagher (the "Gallaghers") under 506(d) of the Bankruptcy Code (the "objection/avoidance claim")....
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT Stephani W. Humrickhouse , United States Bankruptcy Judge . This matter came on to be heard upon the motion of Weaver Cooke Construction, LLC ("Weaver Cooke") and Travelers Casualty and Surety Company of America ("Travelers") for the entry of an order of partial summary judgment in their favor regarding New Bern Riverfront Development, LLC's ("New Bern") claims for consequential damages. A hearing was held in Raleigh, North Carolina, on...
ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT Stephani W. Humrickhouse, United States Bankruptcy Judge The matters before the court in this adversary proceeding are (1) the motion for summary judgment filed by the plaintiff and chapter 7 trustee, James B. Angell, and (2) the motion for partial summary judgment filed by the defendant, O. William Faison. A hearing took place in Raleigh, North Carolina on June 5, 2014. Background Lindy Creech Faison ("Lindy") 1 filed a petition for relief...
ORDER ALLOWING MOTION OF EAST CAROLINA MASONRY, INC. FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge. Pending before the court is the indemnity component of the motion for summary judgment filed by third-party defendant East Carolina Masonry, Inc. ("ECM") against Weaver Cooke Construction, LLC ("Weaver Cooke"), in its capacity as third-party plaintiff. The court already entered an order denying ECM's motion for summary judgment with respect to...
ORDER ALLOWING MOTION OF HAMLIN ROOFING COMPANY, INC. FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge. Pending before the court is the final component of the motion for summary judgment filed by third-party defendant Hamlin Roofing Company, Inc. ("HRCI") against Weaver Cooke Construction, LLC ("Weaver Cooke"), in its capacity as third-party plaintiff. The court already entered an order denying HRCI's motion for summary judgment with respect to...
ORDER REGARDING HUMPHREY HEATING AND AIR CONDITIONING, INC.'S MOTION FOR SUMMARY JUDGMENT Stephani W. Humrickhouse, United States Bankruptcy Judge. This matter came on to be heard upon the motion for summary judgment filed by Humphrey Heating and Air Conditioning, Inc. ("HHAC") regarding the complaint of Weaver Cooke Construction, LLC ("Weaver Cooke"). A hearing took place on June 2, 2014, in Raleigh, North Carolina. BACKGROUND This adversary proceeding relates to the alleged defective...
ORDER DENYING SUMMARY JUDGMENT REGARDING ECONOMIC LOSS DEFENSE ASSERTED BY HAMLIN ROOFING COMPANY, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Hamlin Roofing Company, Inc. ("HRCI") regarding the third party complaint of Weaver Cooke Construction, LLC ("Weaver Cooke"), in Raleigh, North Carolina, on March 5, 2014. On September 18, 2014, this court entered an order partially denying HRCI's motion for...
ORDER ON SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE ASSERTED BY RANDOLPH STAIR AND RAIL COMPANY Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Randolph Stair and Rail Company ("Randolph Stair") regarding the third-party complaint of Weaver Cooke Construction, LLC ("Weaver Cooke"), in Raleigh, North Carolina, on March 5, 2014. Although summary judgment is sought on several bases, this order...
ORDER ON SUMMARY JUDGMENT REGARDING, INTER ALIA, STATUTE OF LIMITATIONS DEFENSE ASSERTED BY WATERPROOFING SPECIALTIES, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came on to be heard upon the motion for summary judgment filed by Waterproofing Specialties, Inc. ("WSI") regarding the third party complaint of Weaver Cooke Construction, LLC ("Weaver Cooke"), in Raleigh, North Carolina, on March 5, 2014. Although summary judgment is sought on several bases, this order...
ORDER GRANTING SUMMARY JUDGMENT REGARDING STATUTE OF LIMITATIONS DEFENSE ASSERTED BY CURENTON CONCRETE WORKS, INC. Stephani W. Humrickhouse, United States Bankruptcy Judge. This matter came on to be heard upon the motion for summary judgment filed by Curenton Concrete Works, Inc. ("Curenton") regarding the third party complaint of Weaver Cooke Construction, LLC ("Weaver Cooke"), in Raleigh, North Carolina, on March 5, 2014. Although summary judgment is sought on several bases, this order will...
ORDER ALLOWING MOTION FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge. Pending before the court is the final component of the motion for summary judgment filed by third-party defendants Stock Building Supply, LLC and PLF of Sanford, Inc. (formerly dba Lee Window & Door Co.) (herein collectively "Stock Supply") against Weaver Cooke Construction, LLC ("Weaver Cooke"), in its capacity as third-party plaintiff. The court already entered an order...
ORDER Randy D. Doub, United States Bankruptcy Judge. Pending before the Court is the Plaintiff's Motion and Memorandum of Law in Support of Summary Judgment filed by the Chapter 7 Trustee (the "Trustee") on January 7, 2014, the Response in Opposition to Plaintiff's Motion and Memorandum of Law in Support of Summary Judgment filed by Montague Farms, Inc. ("Montague") on January 30, 2014, and the Supplemental Response in Opposition to Plaintiff's Motion and Memorandum of Law in Support of...
ORDER REGARDING MOTIONS TO DISMISS Stephani W. Humrickhouse, United States Bankruptcy Judge. The matters before the court in this adversary proceeding are (1) the motion of the defendant, Ormond Oil & Gas Co., Inc., to dismiss the second and third causes of action in the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, made applicable in this proceeding by Rule 7012 of the Federal Rules of Bankruptcy Procedure, and (2) the motion of the plaintiffs, Stephen E....
ORDER ALLOWING MOTIONS TO DISMISS Stephani W. Humrickhouse, United States Bankruptcy Judge This matter is before the court on motions to dismiss the complaint filed by the debtor-defendant, Bissett Produce, Inc. ("Bissett"), and defendant AgCarolina Farm Credit, ACA ("AgCarolina"). A hearing took place in Raleigh, North Carolina, on November 5, 2013, at the close of which the court took the matter under advisement. Pursuant to the court's request in an order entered on March 26, 2014, the...
ORDER ALLOWING MOTION FOR TURNOVER Stephani W. Humrickhouse, United States Bankruptcy Judge. The matter before the court in this chapter 7 case is the motion for turnover filed by special counsel for the chapter 7 trustee, Richard D. Sparkman ("the trustee"), under 11 U.S.C. 542. Objections to the motion for turnover were filed by both the debtor and the debtor's non-filing spouse, Gayle Adams ("Mrs. Adams"). The trustee filed a supplemental memorandum in support of his motion on January...
CHAPTER 11 ORDER ALLOWING MOTIONS TO DISMISS Stephani W. Humrickhouse, United States Bankruptcy Judge Pending before the court is the motion to dismiss filed by the defendants Coastal Carolina Developers, Inc.; Hanover Land, LLC; W and B Investment Company, Inc.; Coswald, LLC; B. Leon Skinner; and Walter T. Wilson (collectively, "defendants"), and the plaintiffs' response in opposition to the motion. Motions to dismiss also were filed in two related adversary proceedings associated with...
CHAPTER 12 ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT FOR DEFENDANT Randy D. Doub, United States Bankruptcy Judge Pending before the Court is the Plaintiffs' Motion for Summary Judgment and the accompanying Memorandum of Law In Support of Plaintiffs' Motion for Summary Judgment (the "Plaintiffs' Memo") filed by Mark A. Godley, Sr., Tiffany L. Godley, and Richard M. Stearns, Trustee (the "Plaintiffs") on August 28, 2013, the Response and Incorporated...
ORDER GRANTING THE INTERNAL REVENUE SERVICES' MOTION FOR SUMMARY JUDGMENT Stephani W. Humrickhouse, United States Bankruptcy Judge. The matters before the court in this adversary proceeding are the cross-motions for summary judgment filed by Todd Perry Putnam (the "debtor") and the Internal Revenue Service ("IRS"). The debtor initiated this adversary proceeding on October 29, 2012, seeking a determination of whether his tax liability for the years 1998, 1999, 2000 and 2001 was extinguished by...
