Decision Granting In Part and Denying In Part Trustee's Objection to Debtor's Claim of Exemption in Bank Account GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction and Issues Presented for Determination This contested matter is before the court on the Chapter 7 trustee's objection to the debtor's claim of exemption in a bank account. The debtor claims that the funds in the bank account are exempt because they are the debtor's Earned Income Credit and the Additional Child Tax Credit...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION C. KATHRYN PRESTON, Bankruptcy Judge. On October 22, 2010, this cause came on for joint trial in the above-captioned adversary proceedings. Present at the hearing were Miles D. Fries representing the Plaintiff McHugh, Inc. ("Plaintiff"), and Rick L. Ashton and Richard K. Stovall representing the Debtors Edward C. Thompson and James V. Ward ("Thompson" and "Ward" respectively; collectively, the "Debtors"). The Court has jurisdiction...
Decision Granting in Part and Denying In Part Debtors' Objection to the Proof of Claim of Ocwen Loan Servicing as Agent for Bank of New York Mellon, as Trustee on Behalf of the Registered Certificate holders of GSAMP Trust 2004 SEA2 Mortgage Pass-Through Certificates, Series 2004—SEA2 Mortgage Services Inc. and Determining that the Claim of Bank of New York Mellon, Trustee Shall be Paid Pursuant to the Terms of the Debtors' Modified Plan GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction The...
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF DEBTOR'S PLAN OF REORGANIZATION JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction James E. Hockenberry, Jr. ("Hockenberry" or "Debtor") has proposed a Chapter 11 plan under which the only general unsecured creditor in his case—a creditor holding a claim of nearly one million dollars—would receive a mere $10,000 over eight years. The creditor, Cadles of Grassy Meadows II, LLC ("Cadles"), would like to receive more and, not...
Decision Denying Motion for Payment of Unclaimed Funds GUY R. HUMPHREY, Bankruptcy Judge. On July 7, 2011, the debtors, Alvin Ross Wilkerson and Danita Renee Wilkerson (the "Debtors"), filed a Motion for Payment of Unclaimed Funds (Doc. 92). The motion seeks payment in the amount of $4,538.69 that is held in the United States Treasury as unclaimed funds. Ameriquest Mortgage Corporation (the "Creditor") is listed as the claimant on the unclaimed funds register. For the reasons explained, the...
MEMORANDUM OPINION AND ORDER ON MOTIONS REQUESTING DISMISSAL, TRANSFER, ABSTENTION OR REMAND JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction In this adversary proceeding commenced by the debtor and debtor in possession in the underlying Chapter 11 bankruptcy case, George A. Bavelis ("Debtor"), the issue before the Court at this stage of the litigation is not whether the Debtor's claims for relief have merit, but rather whether the Court should adjudicate those claims at all. The...
MEMORANDUM OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JOHN E. HOFFMAN JR., Bankruptcy Judge. I. Introduction This dischargeability proceeding arises from a failed business relationship between the debtor, Robert H. Grimsley, Jr. ("Debtor" or "Grimsley"), and the plaintiff, Chad Miller ("Miller"). In September 2004, the parties entered into an oral agreement under which they would form a business to sell roofing service contracts to, and install roofs for, customers in Brevard County,...
Recommendations for the United States District Court for the Southern District of Ohio to Deny in Part and Grant in Part Various Defendants' Motions to Dismiss Certain Non-Core Causes of Action GUY R. HUMPHREY, Bankruptcy Judge. TABLE OF CONTENTS I. Introduction...............................................................809 II. Procedural Background......................................................810 III. Factual Background.........................................................811...
Decision Denying Motion to Dismiss Count 13 and Granting Motions to Dismiss Counts 14 and 15, Without Prejudice GUY R. HUMPHREY, Bankruptcy Judge. I. Introduction On December 23, 2009 W. Timothy Miller as the Trustee of the Antioch Company Litigation Trust (the "Litigation Trustee") filed a complaint (Doc. 1) against multiple defendants under various state law theories and also certain bankruptcy causes of action. All of the defendants filed motions to dismiss. This decision only addresses...
ORDER GRANTING THIRD PARTY DEFENDANT'S MOTION TO DISMISS THIRD PARTY COMPLAINT C. KATHRYN PRESTON, Bankruptcy Judge. This cause came on for hearing on Third Party Defendant Michael T. Gunner's Motion to Dismiss Third Party Complaint (Doc. 10) filed by Michael T. Gunner (hereinafter "Third Party Defendant"), the Memorandum in Opposition thereto (Doc. 11) filed by Mary M. Baruch and Ann M. Baruch (hereinafter "Third Party Plaintiffs"), the Third Party Defendant's Reply Memorandum in Support of...
MEMORANDUM OPINION ON MOTION TO DISMISS THIRD-PARTY COMPLAINT JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction Pending before the Court is the motion to dismiss ("Motion") (Doc. 18) filed by third-party defendant, Pillar Title Agency, Inc. ("Pillar"). The Motion seeks dismissal of a third-party complaint ("Third-Party Complaint") (Doc. 12) filed against it by Mamadou Seye ("Seye"), one of the defendants in this adversary proceeding. In the complaint ("Complaint") (Doc. 1) commencing...
MEMORANDUM OPINION AND ORDER (A) DENYING MOTION OF CREVECOR MORTGAGE, INC. TO CERTIFY QUESTION AND (B) GRANTING IN PART AND DENYING IN PART TRUSTEE'S MOTION FOR SUMMARY JUDGMENT JOHN E. HOFFMAN, JR., Bankruptcy Judge. I. Introduction In this adversary proceeding, a Chapter 7 trustee once again seeks to avoid a mortgage under 11 U.S.C. 544(a)(3) based on a certificate of acknowledgment that omits the identity of the persons who purportedly acknowledged their signatures on the mortgage. 1...
GUY R. HUMPHREY, Bankruptcy Judge I. INTRODUCTION This matter is before the court on the Motion Of Defendants Geoffrey Lorenz and Lorenz Properties (Lorenz Properties, LLC) To Dismiss Plaintiff's Complaint (Adv. Doc. 16); the Motion to Dismiss Complaint to Avoid Preferences and Post-Petition Transfers, Compel Turnover of Property, and Obtain Money Judgment (Adv. Doc. 17) filed by the debtor, Weston A. Lorenz (collectively, the "Motions to Dismiss"); Plaintiff's Response To Motion To...
