ORDER DENYING CONFIRMATION DAVID R. DUNCAN, Bankruptcy Judge. This matter comes before the Court for confirmation of a Chapter 13 plan submitted by the debtor, Anthony Martellini ("Debtor"), on July 25, 2012. The Chapter 13 Trustee ("Trustee") objected to confirmation on July 30, 2012. The Court held a hearing regarding confirmation of the proposed plan on October 15, 2012. The Court has jurisdiction over this matter as a core proceeding pursuant to 28 U.S.C. 1334 and 157. After careful...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on the adversary complaint filed by Carrington Mortgage Services, LLC, servicer for Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates ("Plaintiff") on July 13, 2011 against Charles E. Riley ("Defendant Riley") and W. Ryan Hovis ("Trustee"), seeking an order allowing its claims and determining that Plaintiff's claimed security...
ORDER JOHN E. WAITES, Chief Judge. Defendant Nicholas Peter Francis Earlam brings this matter before the Court upon a Motion for a Protective Order (the "Motion") pursuant to Fed.R.Civ.P. 26(c) 1 as to the time and location of a deposition noticed by Plaintiffs pursuant to Rule 30(b). 2 Plaintiffs sought to depose Earlam — a resident of the United Kingdom — in Columbia, South Carolina. Earlam contends that requiring him to be deposed in South Carolina would significantly disrupt his...
ORDER JOHN E. WAITES, Chief Judge. This matter comes before the Court for confirmation of the Second Modified Plan of Reorganization filed by Pamplico Highway Development, LLC ("Debtor"). First Citizens Bank & Trust Company, Inc. ("First Citizens") filed an objection to confirmation. The Internal Revenue Service of the United States of America ("IRS") also filed an objection to confirmation, which was withdrawn at the confirmation hearing. This Court has jurisdiction over this matter as a...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. This matter is before the Court on a Motion for Relief from Stay ("Motion") filed by Saxon Mortgage Services, Inc. as servicer for The Bank of New York Mellon as successor indenture Trustee under NovaStar Mortgage Funding Trust, Series 2006-1, its successors and/or assigns ("Saxon") on October 27, 2010 and an Objection to Claim ("Claim Objection") of the Bank of New York Mellon, as successor indenture Trustee under NovaStar Mortgage Funding Trust,...
ORDER DAVID R. DUNCAN, Bankruptcy Judge. City Loft Hotel, LLC ("CLH") and City Loft, LLC ("City Loft") (collectively, "Debtors") filed Motions for Substantive Consolidation ("Consolidation Motions"), seeking merger of the two bankruptcy estates, on December 19, 2011, and Bank of the Ozarks ("Bank") filed an Objection to the Consolidation Motions on January 6, 2012. The Court previously ordered the joint administration of the two bankruptcy cases under the CLH case number in an Order entered...
AMENDED ORDER HELEN E. BURRIS, Bankruptcy Judge. This matter is before the Court on the objection of the Debtor to a claim in the amount of $6,125.00, filed in the above-entitled case on July 20, 2011 as claim number 4, then amended on September 15, 2011 by: Linda Williamson 4028 Rockwell Avenue Horseheads NY 14845-2929 Following notice to the parties in interest, IT IS ORDERED: The Claim is disallowed. AND IT IS SO ORDERED.
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT DAVID R. DUNCAN, Bankruptcy Judge. Gary T. Fischbach ("Plaintiff") and Centers for Medicare and Medicaid Services, Palmetto Government Benefits Administrators, LLC ("Defendants") filed Motions for Summary Judgment on November 28, 2011. Responses were filed on December 8, 2011. The Complaint in this adversary proceeding, filed on April 4, 2011, requests damages for violation of the discharge injunction and an injunction from further collection...
