MEMORANDUM OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court on September 18, 2018, in Greensboro, North Carolina to consider the Motion for Partial Summary Judgment [Doc. #31] (the "Motion for Partial Summary Judgment") filed by Evapco, Inc., EvapTech, Inc., Evapco Products, Inc., and Tower Components, Inc. (the "Plaintiffs" or the "Evapco Entities") on June 18, 2018. At the hearing, Joshua Glikin and Chris Towery appeared on behalf...
ORDER AMENDING MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , Bankruptcy Judge . On September 27, 2018, the Court denied the Motions for the reasons set forth in the Memorandum Opinion Denying Motions for Summary Judgment. ECF No. 204 (the "Opinion"). In the Opinion, the Court exercised its statutory authority under 28 U.S.C. 157, but erroneously cited 157(b)(2)(H). The Court's statutory authority to hear and determine the matters set forth in the pleadings...
MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This Adversary Proceeding is before the Court on the Motion for Summary Judgment and Memorandum in Support, ECF No. 178 ("Fidelity's Brief"), filed by Defendant Fidelity Bank ("Fidelity") and the Motion for Summary Judgment, ECF No. 184 ("Dealers' Motion for Summary Judgment"), filed by Defendant Dealers Assurance Company ("Dealers") (collectively, the "Motions for Summary Judgment")...
AMENDED MEMORANDUM OPINION AND ORDER 1 CATHARINE R. ARON , Bankruptcy Judge . THIS PROCEEDING is before the Court on remand from the United States Court of Appeals for the Fourth Circuit to consider the Court's subject matter jurisdiction over claims regarding the assignment of intellectual property to MDC Innovations, LLC, and MDC Inventions, LLC (the "MDC Companies"). The Court requested supplemental memoranda from the parties and held a hearing to consider the arguments on July 12,...
MEMORANDUM OPINION AND ORDER (Consolidated Cases for Purposes of Administration) CATHARINE R. ARON , Bankruptcy Judge . THIS PROCEEDING is before the Court on remand from the United States Court of Appeals for the Fourth Circuit to consider the Court's subject matter jurisdiction over claims regarding the assignment of intellectual property to MDC Innovations, LLC, and MDC Inventions, LLC (the "MDC Companies"). The Court requested supplemental memoranda from the parties and held a hearing...
ORDER GRANTING MOTION TO DISMISS COMPLAINT CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court on June 25, 2018, to consider the Motion to Dismiss Complaint [Doc. #5] filed by Dynamic International Airways, LLC (the "Debtor" or the "Defendant") on April 27, 2018. At the hearing, Walter Pitt and Gerald Gordon appeared on behalf of the Debtor and Brian Hodgkinson appeared on behalf of the Port Authority of New York and New Jersey (the "Plaintiff"). After...
ORDER AND OPINION DENYING MOTION FOR SANCTIONS AGAINST CORE TECHS, INC. FOR VIOLATION OF THE AUTOMATIC STAY, AND FOR A DETERMINATION THAT THE POST-PETITION DERIVATIVE ACTION IS VOID AB INITIO CATHARINE R. ARON , Bankruptcy Judge . THIS CASE came before the Court on July 11, 2018, in Winston Salem, North Carolina upon the Motion for Sanctions against Core Techs, Inc. for Violation of the Automatic Stay, and for a Determination that the Post-Petition Derivative Action is Void Ab Initio (the...
MEMORANDUM OPINION DETERMINING ATTORNEYS' FEES PURSUANT TO 11 U.S.C. 303(i) CATHARINE R. ARON , Bankruptcy Judge . This case is before the Court for consideration of the Declaration of Jeffrey E. Oleynik [Doc. #25], requesting a recovery of attorneys' fees for the alleged Debtor ("Mr. Curtis") in the amount of $9,776.00, 1 and the Response to the Request filed by counsel for J.C. Squared, Inc. [Doc. #26]. For the reasons stated herein, the Court will award attorneys' fees to Mr. Curtis...
ORDER AND OPINION GRANTING WITHDRAWAL OF ADMISSIONS CATHARINE R. ARON , Bankruptcy Judge . THIS CASE came before the Court for consideration on January 24, 2018, (the "Hearing") on the Objection to Claim [Doc. #19] (the "Objection to Claim") filed by Donna Kay Brown (the "Debtor") with respect to Claim Number 1 of American Honda Finance Corporation, as well as the Debtor's Request for Admissions (the "Request for Admissions") [Doc. #20]. At the hearing, Benjamin Busch ("Mr. Busch")...
AMENDED MEMORANDUM OPINION GRANTING MOTION TO DISMISS BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on January 23, 2018, on the Motion to Dismiss Case or in the Alternative to Convert Case to Chapter 7 ("Motion to Dismiss or Convert") [Doc. 30] filed by the Assistant Bankruptcy Administrator ("BA") on December 22, 2017. On January 22, 2018, RainTree Healthcare of Forsyth LLC ("Debtor" or "Raintree") filed a reply ("Reply") [Doc. 36]. At the hearing on...
MEMORANDUM OPINION DENYING MOTION FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment, [Doc. 23] ("Motion for Summary Judgment"), filed by the Chapter 7 Trustee ("Plaintiff") on December 14, 2017. Along with the Motion for Summary Judgment, Plaintiff filed a Brief in Support of Trustee's Motion for Summary Judgment [Doc. 23-2] ("Plaintiff's Brief"). Due and proper notice of the Motion for Summary Judgment has been...
