ORDER STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court are the Debtors' continuing objection to the claim for prepetition default interest pursued by Georgia Capital, LLC ("GCAP") and the Debtors' objection to GCAP's application for attorney's fees. After considering whether these issues remain subject to decision by this court or are precluded by an order issued in this case on September 17, 2015 by the United States District Court for the Eastern District of...
ORDER ON REMAND REGARDING WEAVER COOKE'S INDEMNITY CLAIM AGAINST CURENTON CONCRETE WORKS, INC. STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the district court's remand after appeal of this court's order allowing summary judgment for third-party defendant Curenton Concrete Works, Inc. ("Curenton") against Weaver Cooke Construction, LLC ("Weaver Cooke") on Weaver Cooke's contractual indemnity claim. For the reasons outlined below, on remand, Curenton's motion...
ORDER REGARDING REMANDED ISSUES INCLUDING WEAVER COOKE'S INDEMNITY CLAIM AGAINST WATERPROOFING SPECIALTIES, INC. Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the district court's remand after appeal of this court's order allowing summary judgment for third-party defendant Waterproofing Specialties, Inc. ("WSI") against Weaver Cooke Construction, LLC ("Weaver Cooke") on Weaver Cooke's contractual indemnity claim. For the reasons set out below,...
ORDER ALLOWING OBJECTION TO PACA CLAIM OF SCOTT FARMS, INC. Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the Objection to PACA Claim of Scott Farms, Inc. filed by the Debtor on June 4, 2018, Dkt. 367 (the "Objection"). A response to the Objection was filed by Scott Farms, Inc. ("Scott Farms") on June 25, 2018, Dkt. 423. A hearing was held in Raleigh, North Carolina on July 24, 2018, at which the court took the matter under advisement and...
ORDER REGARDING REPORT OF PUBLIC SALE DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Report of Public Sale and Request for Hearing [Wake County Property] ("Report") filed by Ollie William Faison ("Debtor") on August 21, 2018. The court conducted a hearing on September 4, 2018 in Raleigh, North Carolina. John A. Northen, Esq. appeared for the Debtor, William P. Janvier, Esq. appeared for Marlowe & Moye, LLC ("Marlowe & Moye"), and the United States...
ORDER DENYING MOTION TO LIFT STAY AND SUBSTITUTE WELLS FARGO BANK AS REAL PARTY IN INTEREST STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the Motion to Lift Stay and Substitute Wells Fargo Bank, N.A. as the Real Party in Interest jointly filed by defendants Weaver Cooke Construction, LLC ("Weaver Cooke") and Travelers Casualty & Surety Company of America ("Travelers"). (D.E. 1472, 1473 (memorandum)). Responses in opposition to the motion were filed by debtor...
SUPPLEMENTAL ORDER ALLOWING OBJECTION TO CLAIM STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . This matter came on to be heard upon the Trustee's Objection to the Claim of Bank of America filed on March 7, 2018 (Claim No. 13). A hearing was held on April 9, 2018 in Raleigh, North Carolina. The court upheld the trustee's objection in an order dated June 26, 2018. This Supplemental Order sets out the basis for the court's decision. BACKGROUND Rodney Allen McCowan filed a voluntary petition...
ORDER OVERRULING TRUSTEE'S OBJECTION TO AMENDED SCHEDULE C-1 EXEMPTION STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the Trustee's Objection to Amended Schedule C-1 Exemption ("Exemption Objection") filed on February 14, 2018, Dkt. 167. A response in opposition was filed by Rodney Allen McCowan ("Mr. McCowan" or "debtor") on February 28, 2018, Dkt. 171. A hearing was held in Raleigh, North Carolina on May 2, 2018, following which the court took the matter...
ORDER ON REMAND REGARDING WEAVER COOKE'S INDEMNITY CLAIM AGAINST RANDOLPH STAIR & RAIL CO. STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the district court's remand after appeal of this court's order allowing summary judgment for third-party defendant Randolph Stair & Rail Co. ("Randolph Stair") against Weaver Cooke Construction, LLC ("Weaver Cooke") on Weaver Cooke's contractual indemnity claim. For the reasons outlined below, on remand, Randolph Stair's...
MEMORANDUM OPINION REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY Joseph N. Callaway , United States Bankruptcy Judge . At a hearing conducted on July 2, 2018, in Greenville, North Carolina, the court considered the Motion for Relief from Automatic Stay filed in this case by Mr. John Enderle on May 29, 2018 (D.E. 85; the "Motion"), together with the Response in Opposition to John Enderle's Motion for Relief from Automatic Stay filed by CapitalNexus, LLC ("CN") on June 11, 2018 (D.E. 100;...
ORDER ALLOWING MOTION TO SELL FREE AND CLEAR OF INTERESTS Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the Motion to Approve Sale of Assets Free and Clear and Establish Sales Procedure filed by the chapter 7 trustee on January 8, 2018, Dkt. 713 (the "Motion"). Objections to the Motion were filed by (1) Connie and Mark Yow on January 25, 2018, Dkt. 723; (2) Holly Ridge Ventures, LLC and Douglas Leech on January 25, 2018, Dkt. 725; and (3)...
ORDER ON REMAND REGARDING WEAVER COOKE'S INDEMNITY CLAIM AGAINST EAST CAROLINA MASONRY, INC. Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the district court's remand after appeal of this court's order allowing summary judgment for third-party defendant East Carolina Masonry, Inc. ("ECM") against Weaver Cooke Construction, LLC ("Weaver Cooke") on Weaver Cooke's contractual indemnity claim. For the reasons outlined below, on remand, ECM's motion...
(A Chapter 11 Case Pending in the U.S. Bankruptcy Court for the Southern District of Florida) ORDER GRANTING MOTIONS TO REMAND AND DENYING MOTION FOR LEAVE TO AMEND Stephani W. Humrickhouse , United States Bankruptcy Judge . The matters before the court are the Motion to Remand and Abstain filed by TCI Triangle, Inc. ("TCI") on March 29, 2018, Dkt. 17 and the Motion to Remand filed by McGrath RentCorp ("McGrath") on March 29, 2018, Dkt. 22 (collectively, the "Motions to Remand"). A...
ORDER DETERMINING SCOPE OF REMAND STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . A hearing was conducted on March 13, 2018 in Raleigh, North Carolina on the application for attorney's fees filed by Georgia Capital, LLC ("GCAP"), D.E. 957. The sole issue before the court is whether matters raised by an objection filed on behalf of the bankruptcy estate remain subject to decision by this court or have been precluded by an order issued in this case on September 17, 2015 by the United States...
ORDER DENYING FINAL APPROVAL OF DISCLOSURE STATEMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the court's consideration of the Disclosure Statement filed by CHL, LLC ("Debtor") on March 28, 2018, the Objection to Debtor's Disclosure Statement and First Amended Plan of Reorganization filed by Private Capital Group, Inc. ("PCG") 1 on May 17, 2018 and the Bankruptcy Administrator's Statement Regarding the Adequacy of the Debtor's Disclosure Statement and...
ORDER DENYING FINAL APPROVAL OF DISCLOSURE STATEMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the court's consideration of the Disclosure Statement filed by CHL, LLC ("Debtor") on March 28, 2018, the Objection to Debtor's Disclosure Statement and First Amended Plan of Reorganization filed by Private Capital Group, Inc. ("PCG") 1 on May 17, 2018 and the Bankruptcy Administrator's Statement Regarding the Adequacy of the Debtor's Disclosure Statement and...
ORDER DENYING MOTION TO TRANSFER VENUE DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Motion of the United States Bankruptcy Administrator Pursuant to 28 U.S.C. 1412 and Fed. R. Bankr. P. 1014(a)(1) to Transfer Case to the District of Idaho ("Motion") filed by Marjorie K. Lynch, Esq. ("BA"), United States Bankruptcy Administrator for the Eastern District of North Carolina, on May 3, 2018; the Joinders thereto filed respectively by KeyBank National...
ORDER DENYING PLAINTIFFS' MOTION TO DISMISS IN PART AND DEFERRING REMAINING RULINGS STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the motion to strike defenses and dismiss counterclaims filed by the Plaintiffs on August 31, 2017, Dkt. 10 (the "Motion"). A response in opposition was filed by the Defendants on September 21, 2017, Dkt. 12. Both parties filed supplemental pleadings and memoranda of law, Dkts. 21 and 22, and the court conducted a hearing on...
MEMORANDUM OPINION JOSEPH N. CALLAWAY , Bankruptcy Judge . Pending before the court is the Amended Motion to Modify Confirmed Chapter 11 Plan, or in the Alternative Motion to Interpret Confirmed Plan filed by the Plan Trustee on March 9, 2018 (D.E. 422; the "Motion"), and the objection thereto filed by Carla J. Roberts on April 6, 2018 (D.E. 431; the "Objection"). A hearing on the Motion and Objection was held in Greenville, North Carolina on April 11, 2018. Based on the facts in the...
ORDER ALLOWING OBJECTION TO CLAIM Stephani W. Humrickhouse , United States Bankruptcy Judge . The issue before the court is whether the "individual shared responsibility payment" (the "ISRP") imposed for failure to obtain health insurance under the Affordable Care Act, 26 U.S.C. 5000 (the "ACA"), is a tax or a penalty for purposes of 11 U.S.C. 507(a). A hearing took place in Raleigh, North Carolina on February 22, 2018. BACKGROUND Angela Boykin Parrish filed a voluntary petition...
