MEMORANDUM OPINION: (1) GRANTING PLAINTIFF'S MOTION FOR REHEARING; (2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, nee JUDGMENT ON THE PLEADINGS, AND (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT J. CRAIG WHITLEY, Bankruptcy Judge. This action seeks to determine entitlement to $2,000,000 of term life insurance proceeds following the death of the named insured, as more particularly described below. Both the Plaintiff Hugh Wallace ("Wallace") and the remaining Defendant, Barrett...
MEMORANDUM OF DECISION J. CRAIG WHITLEY, Bankruptcy Judge. In this action Plaintiffs Day Care-Sam Furr, LLC ("Day Care") and Carol McKinnell ("McKinnell") (collectively "Plaintiffs") seek to establish a debt owed them by Defendant/Debtor Jeffrey C. Ross, Sr. ("Ross") and further, to obtain a declaration that the obligation is non-dischargeable in bankruptcy under Section 523(a)(2) (false pretenses, false representations and fraud), Section 523(a)(4) (fiduciary defalcation/fraud) and Section...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PHASE 1 ISSUES AND DENYING DEFENDANTS' CROSS-MOTION J. CRAIG WHITLEY, Bankruptcy Judge. In this action, Plaintiff James T. Ward, Sr. ("Plaintiff"), Chapter 7 Trustee for Debtor Hickory Printing Group, Inc. (the "Debtor"), seeks to avoid under a variety of theories a security interest held by Defendant Bank of Granite (the "Bank") in the Debtor's inventory and accounts receivable (the "Collateral"). The Trustee maintains...
ORDER GRANTING TRUSTEE'S MOTION TO DISBAND UNSECURED CREDITORS' COMMITTEE GEORGE R. HODGES, Bankruptcy Judge. This matter is before the court on the Chapter 11 Trustee's Motion To Disband Unsecured Creditors' Committee. The court has concluded that the Trustee's Motion should be granted. Background 1. On July 22, 2010, Pacific Avenue, LLC and Pacific Avenue II, LLC (collectively, the "Debtors"), filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. 2. The chapter...
ORDER GRANTING DEBTORS' MOTION TO MODIFY PLAN J. CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER is before this Court upon the Motion to Modify Plan filed by Debtors Floyd H. and Bonnie M. Winn on February 29, 2012, the Trustee's Response dated March 7, 2012, and his Amended Response filed March 16, 2012. These Debtors filed a Chapter 13 case in this Court on August 19, 2011. A First Meeting of Creditors was held on October 14, 2011, and the Winns' Plan was confirmed on November 3, 2011....
ORDER DENYING DEFENDANTS' PARTIAL MOTION TO DISMISS AMENDED COMPLAINT J. CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER is before the Court on the Defendants' Partial Motion to Dismiss Amended Complaint, praying that the first, second, and fourth causes of action be dismissed for a failure to state a claim upon which relief may be granted, per FRBP 12(b)(6). A hearing was held on February 16, 2012, whereat Gregory W. Brown appeared for Defendants, and A. Cotten Wright appeared on behalf of...
ORDER (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND (2) DENYING DEFENDANT'S CROSS-MOTION J. CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER is before this Court on cross summary judgment motions filed by Plaintiff Belfor USA Group, Inc. ("Belfor") and Defendant, Langdon M. Cooper, the Chapter 7 Bankruptcy Trustee for Howard Buddy Helms, Sr. and Sandra Nelson Helms ("Trustee"). The salient facts are not in dispute. I. Statement of the Case and Procedural Background Howard Buddy...
