ORDER AND OPINION CATHARINE R. ARON, Bankruptcy Judge. THIS MATTER came on before the Court on August 16, 2012, after due and proper notice, upon the objection by the above-captioned Debtor to the claims of Springleaf Financial Service of North Carolina, Inc. ("Springleaf") and upon Springleaf's objection to confirmation of Debtor's proposed Chapter 13 plan. Yancey Washington appeared on behalf of Shirley Annetta Campbell (the "Debtor"), who was also present, Matthew Mannering appeared on...
ORDER AND OPINION SUSTAINING TRUSTEE'S OBJECTION TO NOTICE OF POSTPETITION MORTGAGE FEES, EXPENSES, AND CHARGES CATHARINE R. ARON, Bankruptcy Judge. THIS MATTER came before the Court on June 21, 2012, after due and proper notice, for a hearing on the Objection by Trustee to Notice of Postpetition Mortgage Fees, Expenses, and Charges. Benjamin Lovell appeared on behalf of the Chapter 13 Trustee. Neither Midfirst Bank ("Midfirst") or the Debtor were represented by counsel at the hearing. Having...
ORDER AND OPINION SUSTAINING TRUSTEE'S OBJECTION TO NOTICE OF POSTPETITION MORTGAGE FEES, EXPENSES, AND CHARGES CATHARINE R. ARON, Bankruptcy Judge. THIS MATTER came before the Court on June 21, 2012, after due and proper notice, for a hearing on the Objection by Trustee to Notice of Postpetition Mortgage Fees, Expenses, and Charges. Edward C. Boltz appeared on behalf of the Debtor and Benjamin Lovell appeared on behalf of the Chapter 13 Trustee. Ocwen Loan Servicing, LLC ("Ocwen") was not...
MEMORANDUM OPINION THOMAS W. WALDREP, JR., Bankruptcy Judge. This matter came before the Court on January 30, 2012, upon the Motion for Judgment on the Pleadings (the "Motion") filed by Yellow Sign, Inc. ("YSI"), Waffle House, Inc. ("Waffle House"), and Kimberly H. Kraft ("Kraft" and together with YSI and Waffle House, the "Corporate Defendants") on July 25, 2011, and the Opposition to the Motion filed by the above-captioned plaintiff ("Walter") on January 24, 2012. At the hearing, Rachel S....
MEMORANDUM OPINION WILLIAM L. STOCKS, Bankruptcy Judge. This adversary proceeding came before the court on Defendant's motion pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure and Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Plaintiffs complaint for failure to state a claim for relief, and for failure to plead claims with sufficient particularity as required by Rule 7008 of the Federal Rules of Bankruptcy Procedure and Rule 8 of the Federal Rules of Civil...
MEMORANDUM OPINION THOMAS W. WALDREP, JR., Bankruptcy Judge. The above-captioned plaintiffs (the "Plaintiffs") filed a Third Amended Complaint in this Adversary Proceeding on July 6, 2011. On July 25, 2011, the Chapter 7 trustee (the "Trustee") for the above-captioned debtor ("Freeway Foods") filed a Motion to Dismiss Plaintiffs' Claims against the Freeway Foods (the "Motion to Dismiss"), and Yellow Sign, Inc. ("YSI"), Waffle House, Inc. ("Waffle House"), and Kimberly S. Kraft ("Kraft")...
