ORDER AND OPINION SUSTAINING OBJECTION TO CLAIM BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on the Trustee's Objection to Allowance of Claim No. 36 (the "Objection"). ECF No. 159. At the hearing, Everett B. Saslow, Jr. (the "Trustee") appeared, Scott Curtis ("Claimant") appeared and testified, and Jeffrey Oleynik appeared on behalf Claimant. After hearing the testimony of Claimant and the arguments of counsel, the Court took the matter under...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO AMEND; GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS; AND GRANTING LEAVE TO FILE FURTHER MOTION TO AMEND TO THE EXTENT SET FORTH HEREIN BENJAMIN A. KAHN , Bankruptcy Judge . This adversary proceeding is before the Court on the Motion to Amend/Supplement the Complaint Objecting to Discharge of Debtors and Dischargeability of Debts (Sections 523 and 727) (the "Motion to Amend"), ECF No. 13, filed by Harry G....
Order Denying Application to Compensate Special Counsel for Trustee BENJAMIN A. KAHN , Bankruptcy Judge . THIS CASE is before the Court on the Application to Compensate Special Counsel for Trustee (the "Fee Application"), ECF No. 45, filed by the chapter 7 trustee, Gerald S. Schafer (the "Trustee"), on June 20, 2019. For the reasons set forth herein, the Fee Application will be denied. Jurisdiction and Authority The Court has jurisdiction over the subject matter of this proceeding...
MEMORANDUM OPINION AND ORDER LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding comes before the Court upon Greg Hunter's motion to dismiss under Federal Rule of Bankruptcy Procedure 7012. After consideration of the record and for the reasons stated herein, the Court will dismiss the adversary complaint with leave to amend. BACKGROUND Plaintiff Wanu Water, Inc. 1 ("Wanu"), founded in 2010 by Plaintiff Todd O'Gara ("O'Gara"), creates and sells nutrient-...
ORDER DENYING SECOND MOTION TO CONTINUE CONFIRMATION HEARING AND TO EXTEND THE TIME FOR PARTIES-IN-INTEREST TO RESPOND OR OBJECT TO A MODIFIED PLAN BENJAMIN A. KAHN , Bankruptcy Judge . THIS CASE is before the Court on the Second Motion to Continue Confirmation Hearing and to Extend the Time for Parties-in-Interest to Respond or Object to a Modified Plan (the "Second Motion to Continue"), ECF No. 55, filed by Jason Charles Coleman and Courtney Nicole Coleman ("Debtors"). The Court has...
MEMORANDUM OPINION CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court for trial on May 16, 2019. Samuel Pinero, II appeared on behalf of DFWMM Holdings, LLC ("DFWMM," or the "Plaintiff"), and Kenneth Johnson appeared on behalf of Dennis Richmond (the "Debtor" or the "Defendant"). The Debtor was also present and provided testimony. After considering the testimony, the arguments of the parties, and the record in this case, the Court finds that the debts...
ORDER CATHARINE R. ARON , Bankruptcy Judge . The Chapter 13 case of Cheryl Evonne Jackson ("the Debtor") came before the Court on, April 16, 2019 on a motion by Freedom Mortgage Corporation (the "Creditor") for relief from the automatic stay pursuant to 11 U.S.C. 362 to foreclose on real property located at 320 Pinecrest Street, Salisbury, North Carolina (the "Property") and for relief from the co-debtor stay pursuant to 11 U.S.C. 1301 as to Betty Cox, and good cause having been shown...
ORDER BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . THIS CASE came before the Court for hearing on the Objection to Notice of Postpetition Fees (the "Objection") filed by Debtor Rosetta Woods Paylor on October 10, 2018. ECF No. 31. At the hearing, Koury Hicks appeared on behalf of Debtor, Andrew L. Vining appeared on behalf of Ditech Financial, LLC ("Ditech"), and Benjamin Lovell appeared on behalf of the Standing Trustee (the "Trustee"). For the reasons set forth below, the...
