ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on Sea Turtle Cinemas, Inc.'s ("Debtor") Motion to Determine Amount of Administrative Rent Obligation ("Rent Motion") and Debtor's Motion to Alter or Amend this Court's Order ("Motion to Alter or Amend") entered September 27, 2010. Debtor filed its Rent Motion on June 3, 2010, and its Motion to Alter or Amend on October 12, 2010. Faison & Associates, LLC, ("Receiver") and Wells Fargo Bank, N.A., et al. ("Noteholder")...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on American General Financial Services, Inc.'s ("Plaintiff") Motion for Default Judgment against Judy M. Rowell ("Debtor"). Plaintiff commenced this adversary case against Debtor by the filing of a Complaint on August 17, 2010. A summons was properly served on Debtor on August 18, 2010, which indicated that Debtor's Answer was due September 17, 2010. Debtor failed to respond by that date, and the Clerk of Court entered...
JUDGMENT JOHN E. WAITES, Chief Judge. Based on the findings of fact and conclusions of law set forth in the attached Order, the Renewed Motion for Summary Judgment ("Renewed Motion") filed by Wachovia Securities, LLC and First Clearing, LLC ("Defendants"), is granted in part and denied in part. Defendants' Renewed Motion is GRANTED as to (1) Plaintiffs fraudulent transfer claims pursuant to 11 U.S.C. 544 and 548 with respect to transfers of stock from the Stock Loan Borrowers into the At-...
JOHN E. WAITES, Chief Judge. ORDER DENYING MCI'S MOTION TO VACATE This matter comes before the Court upon the Motion to Vacate the Order and Judgment entered on June 1, 2010 ("June 1st Order") and the Motion to Vacate the Order and Judgment entered on June 30, 2010 ("June 30th Order"), filed by The Melrose Club, Inc. ("MCI") (collectively "Motions to Vacate"). Objections and responses to the Motion to Vacate were filed by William R. Dixon, Jr. and Gayle Bulls Dixon; Stewart Kittredge Collins...
ORDER ON AUCTION CREDIT BID MATTERS, AND CONFIRMING SUCCESSFUL CREDIT BIDDERS UPON CONCLUSION OF AUCTION JOHN E. WAITES, Chief Judge. These matters came before the Court in connection with the sale of assets of the bankruptcy estate by auction, pursuant to prior orders entered by the Court. The provisions for the auction included credit bidding by secured creditors, 1 and at the time of the auction certain issues arose regarding the credit bidding. In addition, the Trustee requested that the...
JUDGMENT DAVID R. DUNCAN, Bankruptcy Judge. The Motion for Summary Judgment filed by Educational Credit Management Corporation is GRANTED. AND IT IS SO ORDERED. ORDER GRANTING MOTION FOR SUMMARY JUDGMENT THIS MATTER comes before the Court upon the Motion for Summary Judgment ("Motion") filed by Educational Credit Management Corporation ("ECMC") pursuant to Fed.R.Civ.P. 56, made applicable to this adversary proceeding by Fed. R. Bankr.P. 7056. A hearing was held on the Motion on July 20,...
