ORDER DISMISSING CASE J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before this Court on a review of the Order to Appear and Show Cause (the "Show Cause Order"), the Chapter 7 Trustee's Notice of Motion to Stay Dismissal of Case for Debtor's Failure to File a Certificate of Credit Counseling (the "Motion to Stay"), and the Chapter 7 Trustee's Notice of Motion for Order Directing Turnover (the "Motion for Turnover") (collectively, the "Matters"). On October 28, 2019, these Matters...
ORDER SUSTAINING TRUSTEE'S OBJECTIONS TO CLAIM OF EXEMPTIONS AND VALUATIONS AND DENYING FIRST BANK'S OBJECTION TO DEBTORS' EXEMPTIONS AS MOOT GEORGE R. HODGES , Bankruptcy Judge . THIS MATTER is before the court on the Chapter 7 Trustee's August 18, 2019 Objections to Exemptions and Valuations Claimed by Debtors ("Trustee's Objection") and First Bank's August 16, 2019 Objections to Debtors' Exemptions ("First Bank's Objection"). For the reasons stated herein, the court sustains the...
ORDER DENYING MOTION TO DISQUALIFY AND GRANTING MOTION FOR SANCTIONS J. CRAIG WHITLEY , Bankruptcy Judge . This matter is before the Court on the Motion by Daniel J. Roselli and Sara Garces Roselli to Disqualify Andrew M. Houston and Moon Wright & Houston, PLLC (the "Motion to Disqualify") (AP no. 1703063, docket no. 4) filed by Daniel J. Roselli and Sara Garces Roselli (collectively, the "Rosellis") and the Motion for Sanctions (AP no. 17-03063, docket no. 20) filed by The Finley Group,...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING JUDGMENT TO THE DEFENDANT Laura T. Beyer , United States Bankruptcy Judge . This case involves uncommon factual circumstances and the application of a deceptively simple statutory scheme that raises as many questions as it answers. The facts epitomize how the best of intentions can get off track and how a simple, personal loan made between two parties can lead to a complicated dispute over the dischargeability of that debt when one...
MEMORANDUM OPINION AND ORDER GRANTING THE DEBTOR'S REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF Laura T. Beyer , United States Bankruptcy Judge . On November 9, 2018 and January 24, 2019, the Court convened hearings on the Debtor's Motion for an Order (I) Preliminarily Enjoining Certain Actions Against Non-Debtors, or (II) in the Alternative, Declaring that the Automatic Stay Applies to Such Actions and (III) Granting a Temporary Restraining Order Pending a Full Hearing on the Motion [Adv....
MEMORANDUM OPINION AND ORDER DENYING THE OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS' MOTION FOR DISMISSAL, OR ALTERNATIVELY, VENUE TRANSFER Laura T. Beyer , United States Bankruptcy Judge . On November 9, 2018 and January 24, 2019, the Court convened hearings on the Motion of the Official Committee of Asbestos Claimants to (I) Dismiss the Debtor's Chapter 11 Case for Cause as a Bad Faith Filing Pursuant to 11 U.S.C. 1112(b), or Alternatively, (II) Transfer Venue in the Interest of...
ORDER DENYING AMENDED MOTION J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before the Court on the Amended Motion to Modify Chapter 13 Plan; to Determine Debtors have Cured Default and Paid All Required Post-Petition Amounts Including Mortgage Arrearage Cure Payments; to Deem Mortgage Loan Account Current; and Request for Non-Base Fee and Reimbursement of Expenses (the "Motion") filed by the Debtors on January 10, 2019. The Court held a hearing on the Motion on April 26, 2019 at...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S MOTION FOR SANCTIONS Laura T. Beyer , United States Bankruptcy Judge . This order comes at a pivotal crossroad in a lengthy and complex lawsuit involving Diana Houck (the "Plaintiff") and a party involved in the foreclosure sale of her home on December 20, 2011, Substitute Trustee Services, Inc. ("STS" or the "Defendant"). Indeed, after over five years of...
ORDER DENYING FRONT ROW MOTORSPORT'S MOTION TO COMPEL IMMEDIATE PAYMENT OF PRE-SALE CHARTER MEMBER FEES INVOICE J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER came on for hearing before the Court on January 30, 2019 (the "Hearing") upon Front Row Motorsport's Motion to Compel Immediate Payment of Pre-Sale Charter Member Fees Invoice (D.E. 211) (the "Motion" 1 ) filed by Front Row Motorsport, Inc. ("Front Row"), through counsel, in the above-captioned bankruptcy case (this "Case") on...
