ORDER GRANTING LIMITED RELIEF FROM AUTOMATIC STAY AND DETERMINING INTEREST IN PROPERTY Stephani W. Humrickhouse , United States Bankruptcy Judge . The matters before the court are the Motion for Relief from Stay ("Stay Motion") and the Motion to Determine Estate Property ("Property Motion") respectively filed by Amanda Rose ("Ms. Rose") on July 20, 2016 and August 29, 2016. The debtor filed a Response to Motion for Relief from Stay on August 1, 2016 and a Response to Motion Top [sic]...
ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court in the above-captioned adversary proceeding are the parties' cross motions for summary judgment. A hearing was held on November 2, 2016, in Raleigh, North Carolina, at the conclusion of which, the court took the matter under advisement. BACKGROUND Defendants Karl Williams Schwarz and Shauna Lynne Schwarz (collectively, the "defendants") filed the underlying...
ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court in the above-referenced adversary proceeding are the parties' cross motions for summary judgment. A hearing was held in Wilmington, North Carolina, on November 8, 2016. BACKGROUND The instant dispute arises out of the debtor-plaintiff's purchase of real property located at 130 South Navassa Road in Leland, North Carolina ("Property"), from the defendant, Juliet...
ORDER ALLOWING MOTION FOR REFUND JOSEPH N. CALLAWAY , Bankruptcy Judge . The matter before the court is the Motion for Refund filed by T&C Transportation Services, LLC ("T&C") on October 10, 2016, Dkt. 166 (the "Refund Motion"). A Response in Opposition was filed by the chapter 11 trustee, Walter Hinson, Esq., (the "Trustee") on October 26, 2016, Dkt. 192. A hearing on the matter was conducted in Raleigh, North Carolina on November 8, 2016, after which the court took the matters under...
ORDER GRANTING MOTION FOR RELIEF FROM STAY STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court in this chapter 13 case is the motion for relief from the automatic stay ("Motion"), filed by Crystal Reimann ("Ms. Reimann"). Ms. Reimann seeks relief from the stay in order to proceed with a civil action pending against the debtor in the U.S. District Court for the Eastern District of North Carolina. The debtor opposes Ms. Reimann's requested relief. A hearing was held in...
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN AND ESTABLISHING VALUE OF PERSONAL PROPERTY David M. Warren , United States Bankruptcy Judge . This matter comes before the court upon the Minutes of 341 Meeting and Motion for Confirmation of Plan ("Confirmation Motion") filed by Chapter 13 trustee Joseph A. Bledsoe III, Esq. ("Trustee") on May 25, 2016 and the Objection to Confirmation of Plan ("Objection") filed by 21st Mortgage Corporation ("21st Mortgage") on June 15, 2016. The court...
MEMORANDUM OPINION ON ORDER ALLOWING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND DENYING DEFENDANT'S MOTION FOR PRELIMINARY INJUNCTION Joseph N. Callaway , United States Bankruptcy Judge . The matters before the court in this adversary proceeding are the "Emergency Motion for Preliminary Injunction, in Addition to Motion for Temporary Restraining Order Against Stephen M. Hite, Jr." filed by the chapter 11 debtor-in-possession and plaintiff B6USA, Inc. ("B6USA") on September 23,...
OPINION REGARDING THIS COURT'S SEPTEMBER 1, 2016 ORDER DENYING DEBTOR'S MOTION FOR SANCTIONS STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the motion of Maureen Denise McOuat (hereafter "McOuat" or the "debtor") seeking sanctions against the United States of America (hereafter "United States") for violation of the automatic stay. A hearing was held on August 30, 2016. Because the court determined that claims brought under the False Claims Act (hereafter "FCA")...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO CLAIM OF EXEMPTIONS JOSEPH N. CALLAWAY , Bankruptcy Judge . The matter before the court is the chapter 13 trustee's objection to the debtor's claim of exemptions, Dkt. 10. A hearing took place in Fayetteville, North Carolina on September 28, 2016. Joan Britt Rogers filed a petition for relief under chapter 13 of the Bankruptcy Code on June 1, 2016. Ms. Rogers' petition indicates that she lives at 4172 Lovette Road, Lumberton, North Carolina 28358 (...
MEMORANDUM OPINION AND ORDER David M. Warren , United States Bankruptcy Judge . This matter comes before the court upon the Motion for Relief from the Automatic Stay and, in the Alternative, for Adequate Protection ("Stay Motion") filed by Charles and Wanda Hughes (collectively "Hughes") on October 6, 2015 and the Response to Motion for Relief from Automatic Stay ("Stay Response") filed by Glenn M. Tillman II ("Debtor") on October 29, 2015 and upon the Motion for Evaluation and Treatment...
ORDER APPOINTING SPECIAL COMMITTEE OF PRIORITY WAGE CLAIMANTS JOSEPH N. CALLAWAY , Bankruptcy Judge . The matters before the court are the Motion to Appoint Special Committee of Non-Insider Unsecured Priority Wage Creditors filed on September 2, 2016 (Dkt. 36; the "Motion") and the responses filed thereto by the Debtor and the Office of the Bankruptcy Administrator (Dkts. 48 and 49; collectively, the "Responses"). A hearing was held in Wilmington, North Carolina, on September 13, 2016, at...
ORDER REGARDING MOTION TO DISMISS CLAIMS Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the motion, filed jointly by the defendants, to dismiss certain claims for relief in this adversary proceeding. A hearing took place in Wilmington, North Carolina on March 8, 2016. Supplemental briefs were filed by the plaintiff on April 5, 2016, and by the defendants on April 26, 2016. For the reasons that follow, the motion will be granted in part and denied...
MEMORANDUM OPINION AND JUDGMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Amended Complaint of Martin Baum ("Plaintiff") filed on February 2, 2015, seeking the determination that Doreen Susan Baum ("Defendant") is liable to the Plaintiff for two counts of fraud ("Fraud Claims"), and that such indebtedness is excepted from the Defendant's Chapter 7 discharge pursuant to 11 U.S.C. 523(a)(15) 1 ("Dischargeability Claim"). The court conducted a trial ("...
ORDER DENYING MOTION TO ENFORCE JUDGMENT JOSEPH N. CALLAWAY , Bankruptcy Judge . Pending before the court is the Motion to Enforce Judgment for a Specific Act filed by creditor Larry Haney d/b/a Raeford Collision Center (the "Movant") filed pursuant to Federal Rule of Bankruptcy Procedure 7070 on July 28, 2016 (Dkt. 29; the "Motion"). No response or objection to the Motion was filed, but due to lack of subject matter jurisdiction, this court is unable to grant the relief requested and the...
ORDER REGARDING MOTIONS FOR SANCTIONS STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court are the motions for contempt and sanctions filed by the debtors against WakeMed or WakeMed Physician Practices (collectively "WakeMed"), specifically, Branch, Case No. 14-02379-5-SWH Dkt.146 (WakeMed) filed on January 7, 2016, Bostick, Case No. 15-5318-5-SWH Dkt. 12 (WakeMed Physician Practices) filed on November 17, 2015, and Clark, Case No. 15-01265-5-SWH Dkt. 23 (WakeMed)...
ORDER DENYING MOTION TO FILE SETTLEMENT AGREEMENT UNDER SEAL DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Motion to File Settlement Agreement Under Seal ("Motion to Seal") filed by Jason Corey Bornman ("Plaintiff") on August 9, 2016. The court conducted a telephonic hearing ("Hearing") on August 22, 2016. William H. Kroll, Esq. appeared for the Debtor, and Christopher J. Derrenbacher, Esq. appeared for Thompson Pump and Manufacturing Company, Inc. ("...
ORDER DENYING MOTION TO CONFIRM STAY IS NOT IN EFFECT Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the Motion to Confirm the Automatic Stay is Not in Effect, filed by Cheryl A. Jones ("Ms. Jones"). A hearing was held on July 13, 2016 in Wilmington, North Carolina, at the conclusion of which, the court took the matter under advisement pending additional briefing by the parties. BACKGROUND The debtor and Ms. Jones were formerly married, and are...
ORDER GRANTING MOTION TO DISMISS AMENDED COMPLAINT Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the motion to dismiss all claims in the Amended Complaint in the above-captioned adversary proceeding, filed by defendants J. Jeffrey Tinkham ("Tinkham") and J. Jeffrey Tinkham Family Trust ("Tinkham Trust"). 1 A hearing was held on June 8, 2016, in Raleigh, North Carolina. BACKGROUND 2 Prior to 2009, Plaintiffs Richard A. Brindley ("Brindley")...
ORDER DENYING DEBTOR'S MOTION TO MODIFY PLAN JOSEPH N. CALLAWAY , Bankruptcy Judge . This matter came before the court on a Motion to Modify plan filed by Ada Tyson Williams (the "Debtor") on May 24, 2016, Dkt. 37. The chapter 13 trustee filed a response in opposition (the "Response"), Dkt. 42. A hearing took place on July 20, 2016 in Greenville, North Carolina, at which the court denied the Debtor's motion to modify. This order memorializes that ruling. BACKGROUND Ada Tyson Williams...
ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN AND AMENDING PRIOR ORDER AVOIDING JUDICIAL LIEN David M. Warren , United States Bankruptcy Judge . This matter comes before the court upon the Motion to Avoid the Fixing of a Lien on Interests of the Debtors in their Residence at 2136 Dr. Kerr Road, Ivanhoe, North Carolina ("Second Avoidance Motion") filed by Bradley Morton Phillips and Susanna G. Phillips ("Debtors") on January 15, 2016 and Creditor McInnis's Objection to Debtors' Motion to...
