ORDER GRANTING CREDITOR FIRST PALMETTO SAVINGS BANK, FSB'S MOTION TO DISMISS JOHN E. WAITES, Chief Judge. THIS MATTER COMES BEFORE THE COURT on Creditor First Palmetto Savings Bank, FSB's ("First Palmetto") motion to dismiss the above-captioned case pursuant 11 U.S.C. 1112 1 or, in the alternative, to convert the case to a case under Chapter 7 of the United States Bankruptcy Code ("Motion"). The United States Trustee ("UST") filed a response to First Palmetto's Motion wherein it requested...
JOHN E. WAITES, Bankruptcy Judge. This matter comes before the Court on the Motion for Protective Order ("Motion") filed by Herman John Kennerty ("Kennerty"). A hearing on the Motion was conducted on September 9, 2011. Cynthia Carrsow-Franklin ("Debtor") seeks to take the deposition of Kennerty, a former Wells Fargo employee, to discover information relevant to the prosecution of her Objection to a proof of claim filed by Wells Fargo in her bankruptcy case, which is presently pending in the...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Complaint filed by Connie Godowns ("Plaintiff") against Stephen Andrew Brush ("Defendant") on February 2, 2011. Defendant filed an Answer to Plaintiff's Complaint on March 4, 2011. A trial was held October 26, 2011 through October 28, 2011. These are the Court's Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. Defendant is the sole shareholder of Brush Construction, Inc. At all times relevant,...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion to Dismiss Adversary Proceeding ("Motion to Dismiss") filed by Alan Todd Hunnicutt ("Defendant") on October 4, 2011 and a Motion for More Definite Statement ("Plaintiff's Motion") filed by Joshua Ryan Drennan ("Plaintiff") on October 24, 2011. A hearing was held on both Motions on November 1, 2011. Defendant filed a memo of authority in support of his Motion to Dismiss, making Plaintiff's Motion moot. At the...
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN HELEN E. BURRIS, Bankruptcy Judge. THIS MATTER comes before the Court for confirmation of Debtors' Chapter 13 plan, and Federal National Mortgage Association's ("Fannie Mae") Objection thereto. Debtors seek to cure through their Chapter 13 plan arrearages on a note secured by a mortgage attaching to their principal residence. However, they do not hold title to the property securing the debt and are not obligated on the note and mortgage. For the...
ORDER ON MOTION TO AVOID JUDICIAL LIEN DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion to Avoid Judicial Lien ("Motion") filed by Vincent Victor Scotti and Marguerite Suzanne Scotti ("Debtors") on July 6, 2011. No objections to Debtors' Motion were filed. A hearing was held September 13, 2011. At the conclusion of the hearing, the Court gave Debtors ten (10) days to brief the issues and took the matter under advisement. Debtors did not submit a brief. After the...
ORDER HELEN E. BURRIS, Bankruptcy Judge. THIS MATTER comes before the Court on the Motion for Judgment on the Pleadings and to Strike Certain Defenses ("Motion") (Doc. No. 21), filed by Janet Voss ("Plaintiff") in response to the Answer and Defenses ("Answer") (Doc. No. 20) filed by Kenneth Joseph Pujdak and Jo Ellen Sands Pujdak ("Defendants"), in this action to except certain debts from discharge pursuant to 11 U.S.C. 523(a). Plaintiff seeks relief from the Court under Federal Rules...
ORDER AVOIDING JUDICIAL LIEN DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion to Avoid Judicial Lien of Joshua Ryan Drennan ("Motion") filed on June 29, 2011 by Alan Todd Hunnicutt ("Debtor"). An Objection to Debtor's Motion was filed by Joshua Ryan Drennan on July 22, 2011. A hearing was held on August 17, 2011. Following the hearing, the Court took the matter under advisement. After further consideration of the issues, the Court makes the following Findings of...
ORDER HELEN E. BURRIS, Bankruptcy Judge. This is a dispute between the official Committee of Unsecured Creditors ("Committee") and creditor Stonehenge Opportunity Fund II, L.P. ("Stonehenge") over credit bidding rights under 11 U.S.C. 363(k). 2 The dispute was initiated in the Limited Objection of the Official Committee of Unsecured Creditors to Motion of the Debtors for Entry of an Order (I) Approving Auction and Bidding Procedures in Connection with the Sale of Substantially All of the...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion for Relief from Stay ("Motion") filed by Wells Fargo Bank, N.A. ("Wells") on April 28, 2011. An Objection to Wells' Motion was filed by Patricia Gibson ("Debtor") on May 19, 2011. A hearing was held May 23, 2011. At the conclusion of the hearing, the Court took the matter under advisement for further consideration. Pursuant to Federal Rule of Civil Procedure 52, which is made applicable to this matter by...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court for confirmation of George Walter Fisette's ("Debtor") amended chapter 11 plan ("Plan") filed March 30, 2011. Objections to confirmation of the Plan were filed by the United States Trustee ("UST") on April 28, 2011 and JP Morgan Chase Bank, N.A. ("Chase") on April 18, 2011. A hearing was held May 10, 2011. At the hearing, Chase indicated that it had reached an agreement with Debtor, and the parties entered into a consent...
ORDER HELEN E. BURRIS, Bankruptcy Judge. THIS MATTER came before this Court for trial on March 23, 2011. In this adversary proceeding, David Robert Marcotte ("Marcotte") is seeking discharge of a student loan pursuant to 11 U.S.C. 523(a)(8). 1 Texas Guaranteed Student Loan Corporation ("TGSLC") contests the dischargeability of this debt. The Court has jurisdiction over this matter under 28 U.S.C. 157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2)...
ORDER DENYING MOTION TO DISMISS DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion to Dismiss Case ("Motion") filed by AgSouth Farm Credit, ACA ("AgSouth") on March 8, 2011. An Objection to the Motion was filed on March 29, 2011 by Steven Rhett Sandifer and Cynthia M. Sandifer ("Debtors"). AgSouth filed a supplemental memorandum in support of its Motion on March 23, 2011. A hearing was held on March 30, 2011. AgSouth's Motion is denied. FINDINGS OF FACT Debtors...
ORDER GRANTING MOTION TO QUASH SUBPOENA DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion to Quash Subpoena ("Motion") filed by Ameris Bank ("Ameris") on March 28, 2011. Ameris's Motion requests that the Court quash a subpoena issued by counsel for Forest Grove, LLC ("Debtor") on March 24, 2011. The subpoena required Milliken Forestry, Co. ("Milliken"), a company retained by Ameris's counsel to prepare an appraisal of Debtor's property in connection with...
ORDER DENYING DISCLOSURE STATEMENT AND DISMISSING CASE DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on Forest Grove, LLC's ("Debtor") Disclosure Statement, Ameris Bank's ("Ameris") Objection to Disclosure Statement ("Objection"), and Ameris's Motion to Dismiss Debtor's Chapter 11 Case ("Motion"). Debtor filed its original Disclosure Statement and Plan on November 18, 2010, and Ameris filed its Objection on December 28, 2010. Ameris also filed its Motion on the same day....
ORDER ON CONFIRMATION DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on Wilfredo Madera and Sandra M. Madera's ("Debtors") chapter 13 plan filed November 29, 2010 ("Plan"). Debtors' Plan generally follows this District's form plan and contains additional provisions that are the subject of this Order. Joy Goodwin, the chapter 13 trustee ("Trustee"), notified Debtor's counsel that she would object to confirmation of the plan unless interest was paid to the unsecured...
