MEMORANDUM ORDER OVERRULING OBJECTION OF BANKRUPTCY ADMINISTRATOR TO DEBTOR'S SMALL BUSINESS DESIGNATION UNDER RULE 1020 BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on February 25, 2020, on the Objection of Bankruptcy Administrator to Debtor's Designation as Small Business Debtor (the "Objection"), ECF No. 14. At the hearing, James White appeared on behalf of Moore Properties of Person County, LLC ("Debtor"), and William P. Miller appeared as the...
ORDER DENYING MOTION FOR STAY PENDING APPEAL BENJAMIN A. KAHN , Bankruptcy Judge . This case is before the Court on the Motion for Stay Pending Appeal ("Stay Motion") filed by Field's Management, Inc. ("Fields" or "Appellant") on February 5, 2020. ECF No. 42. In the Stay Motion, Appellant requests that "the Bankruptcy Court suspend all pending proceedings against it or its attorney indefinitely, including all matters calendared for hearing on 13 February 2020, pending the United States...
MEMORANDUM OPINION AWARDING DAMAGES, ALLOWING COMPENSATION, AND IMPOSING SANCTIONS AGAINST FIELD'S MANAGEMENT, INC. BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This case is before the Court on Debtor's Complaint for Violation of the Automatic Stay and Sanctions (the "Sanctions Motion"), ECF No. 10, against Creditor Field's Management, Inc. ("Fields") and the Affidavit and Application for Attorney Fees in Connection with Action Filed Against Field's Management, Inc. (the "Fee...
MEMORANDUM OPINION AND ORDER LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding comes before the Court upon (1) the motion to dismiss filed by CitiFinancial Servicing, LLC (Docket No. 38) 1 and (2) the motion to dismiss filed by Carrington Mortgage Services, LLC and Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A (Docket No. 41), pursuant to Federal Rule of Bankruptcy Procedure 7012. After consideration of the record and...
