ORDER GRANTING PLAINTIFF'S MOTIONS IN LIMINE BENJAMIN A. KAHN , Bankruptcy Judge . This adversary proceeding came before the Court for hearing on October 18, 2016 on the motions in limine [Doc. #'s 64, 65] (collectively, "Motions in Limine") filed on September 19, 2016, by James C. Lanik ("Plaintiff" or "Trustee"), as chapter 7 trustee for Cox Motor Express of Greensboro, Inc. ("Debtor"). James W. Smith, Jr. ("Defendant") filed a Response to Plaintiff's Motions in Limine [Doc. #68] ("...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTIONS IN LIMINE BENJAMIN A. KAHN , Bankruptcy Judge . This adversary proceeding came before the Court for hearing on October 18, 2016, on the motions in limine [Doc. #'s 64, 65] (collectively, "Motions in Limine") filed on September 19, 2016, by James C. Lanik ("Plaintiff" or "Trustee"), as chapter 7 trustee for Cox Motor Express of Greensboro, Inc. ("Debtor"). James W. Smith, Jr. ("Defendant") filed a Response to Plaintiff's Motions in Limine [...
MEMORANDUM OPINION LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . THIS MATTER came before the court for hearing on August 25, 2016, after due and proper notice, upon the verified Motion to Set Aside Entry of Default and Default Judgment ("Motion") filed by defendant Joseph Edward Zering ("Debtor"). The Plaintiff did not file an objection or response to the Motion. Samantha Brumbaugh appeared on behalf of the Debtor and John Sperati appeared on behalf of the plaintiff, Kelli...
OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . THIS MATTER came on for trial on September 19, 2016, in Greensboro, North Carolina, on the limited issue of whether payments made from Clean Burn Fuels, LLC ("Clean Burn") to Perdue BioEnergy, LLC ("Perdue") pursuant to Sales Settlement Sheet Numbers 313673 and 316807 qualify as: (1) settlement payments made by or to a forward contract merchant in connection with a forward contract under 11 U.S.C. 546(e), or (2) transfers made by...
MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT IN PART BENJAMIN A. KAHN , Bankruptcy Judge . THIS CASE came before the Court for hearing on May 17, 2016, on the Motion for Summary Judgment [Doc. #32] filed by James C. Lanik (the "Plaintiff" or "Trustee"), as Chapter 7 Trustee for Cox Motor Express of Greensdboro, Inc. ("Debtor"). James C. Lanik and Andrew D. Irby appeared for the Plaintiff. Norman B. Smith appeared for James W. Smith, Jr. (the "Defendant"). Plaintiff filed a Brief in...
MEMORANDUM OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . This matter came before the court for hearing on June 29, 2016 upon Plaintiffs', Thomas E. Commerford and Jean Lake Commerford (the "Debtors" or the "Commerfords"), and Defendant's, Caliber Home Loans, Inc. ("Caliber") cross motions for summary judgment. After considering the pleadings, the Motions and supporting materials and the arguments of counsel, the Court Denies the Commerfords' Motion for Summary Judgment and...
MEMORANDUM OPINION CATHARENE R. ARON , Judge . This case came before the Court on June 15, 2016, upon the Motion to Avoid Lien of Ferguson Enterprises, Inc. regarding 8619 Brandy Trace Lane, Stokesdale, North Carolina (the "Motion") [Doc. # 91] filed by Robert Norman Dean and Lisa Dahmer Dean (the "Debtors") on May 10, 2016, the Objection to the Motion (the "Objection") [Doc. # 95] filed by Ferguson Enterprises, Inc. (hereinafter "Ferguson") on May 23, 2016, and the Memorandum of Law in...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART MOTION TO AMEND BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came before the Court on April 21, 2016, on the Amended Motion to Amend Complaint [Doc. # 63] (the "Amended Motion to Amend") filed by NC & VA Warranty Company, Inc. (the "Plaintiff" or "NCVA") on February 26, 2016. 1 Sara Conti appeared as plaintiff and chapter 7 trustee (the "Trustee" or "Plaintiff"). Appearing for the Plaintiff was J....
MEMORANDUM OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . THIS MATTER came before the Court on January 6, 7, and 8, 2016 for trial on (1) the complaint filed by the Chapter 7 Trustee, John A. Northen (the "Trustee"), against MDC Innovations, LLC ("Innovations"), MDC Inventions, LLC ("Inventions"), Jason McDonald ("Jason"), and Mark Allen Hall ("Mark"); and (2) the cross-claim filed by Mark against Wayne McDonald ("Wayne") and Jason. J.P. Cournoyer appeared on behalf of the...
MEMORANDUM AND ORDER DENYING MOTION TO REOPEN CASE LENA MANSORI JAMES , Bankruptcy Judge . This matter came before the Court on February 11, 2016 upon a motion by Katharine Gardner Kennedy to reopen her late husband James Edison Kennedy's Chapter 7 case. Gerald S. Schafer appeared for Ms. Kennedy, who was also present. After reviewing Ms. Kennedy's motion, arguments, and brief, this Court finds as follows: FACTUAL BACKGROUND James Edison Kennedy (the "Debtor") filed a voluntary Chapter...
MEMORANDUM OPINION REGARDING JUDGMENT DISCHARGING DEBT BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE This adversary proceeding came before the Court for further trial and reopening of the evidence pursuant to the Court's Order and Notice of Trial Hearing [Doc. #51] (the "Order and Notice of Trial Hearing"). The case initially came on for trial on October 21, 2015. Following the trial, the Court entered an Order and Memorandum of Opinion and an Order and Notice of Trial Hearing [Doc. #...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND DENYING MOTION TO STRIKE BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding is before the Court on the Motion for Summary Judgment, filed by Plaintiffs Charles M. Friedman and Luceil L. Friedman ("Plaintiffs") on August 31, 2015 [Doc. # 89] ("Motion for Summary Judgment"), Luceil L. Friedman's Affidavit in Support of Motion for Summary Judgment [Doc. # 90] ("Friedman Affidavit"), and Plaintiffs'...
MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT BENJAMIN A. KAHN , Bankruptcy Judge . THIS ADVERSARY PROCEEDING is before the Court on the Motion for Summary Judgment [Doc. #24] filed by James R. Davis (the "Plaintiff") on December 11, 2015. This Motion for Summary Judgment is unopposed Plaintiff asks this Court to enter judgment finding that the Defendant remains liable on a consent judgment entered in Wanda Seay Voncannon's (the "Defendant") previous bankruptcy and that such judgment...
MEMORANDUM OPINION REGARDING DISCHARGE OF STUDENT LOANS BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came before the Court for trial on October 20, 2015, to determine the dischargeability of Plaintiff's educational loan debt held by North Carolina State Education Assistance Authority, referred to as "NCSEAA." Plaintiff's counsel, Phillip E. Bolton, and Defendant NCSEAA's counsel, Brent D. Kiziah, appeared at the trial. The Plaintiff provided the only...
