ORDER HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for hearing on November 20, 2017, to consider the Motion to Compel Turnover of Property 1 and the Objection to Exemption 2 filed by Chapter 7 Trustee Janet B. Haigler, and the Responses thereto filed by Debtors Marcos Hudson Carvalho Santos and Dana Lynne Santos. The Motion requests that $18,000.00 received by Mr. Santos post-petition as settlement for insurance claims be turned over as property of the estate...
ORDER CONFIRMING CHAPTER 13 PLAN David R. Duncan , Chief US Bankruptcy Judge . This matter is before the Court to consider confirmation of a chapter 13 plan filed by debtors Jeffery Richard Kindle and Aislinn Sabrina Kindle ("Debtors") on July 26, 2017 [Docket No. 21]. Pamela Simmons-Beasley, the chapter 13 trustee ("Trustee"), objected to confirmation of Debtors' plan [Docket No. 17]. 1 A hearing was held on September 18, 2017. At the conclusion of the hearing, the Court took the matter...
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN DAVID R. DUNCAN , Bankruptcy Judge . This matter is before the Court for confirmation of a chapter 13 plan filed by the debtors Barney Ray Keisler and Christina Krauss Keisler ("Debtors") on September 7, 2017. Transport Funding, LLC ("Transport Funding") objected to the plan on October 5, 2017. A hearing was held on October 10, 2017. At the conclusion of the hearing, the Court took the matter under advisement. The Court now issues this order....
ORDER This matter comes before the Court upon the confirmation of the proposed chapter 13 plan, as amended ("Plan"), filed by James Edward Olszewski, Jr. ("Debtor"). The Plan varies from this district's local form chapter 13 plan, by including non-standard language seeking to vest title of the property located at 2475-2479 Fondulac Ave, Milwaukee, WI 53206 ("Property") to Joe and Marjorie Bradley ("Bradleys"), the Property's first mortgage holders, upon confirmation of the Plan. Specifically,...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT DAVID R. DUNCAN , Bankruptcy Judge . This matter concerns a proof of claim and the requirements of Fed. R. Bankr. P. 3001(c)(2)(A). It is before the Court on a motion for summary judgment filed by defendants Midland Funding, LLC and Midland Credit Management, Inc. (collectively, "Defendants") on March 27, 2017 [Docket No. 34] and a motion for summary judgment filed by plaintiff Eva Laura Anne Jowers ("Plaintiff") on April 3, 2017 [Docket No. 39]....
ORDER DAVID R. DUNCAN , Chief Bankruptcy Judge . This matter is before the Court on alleged debtor DC Development, Inc.'s April 11, 2017 motion to dismiss [Docket No. 12] the involuntary petition filed by three creditors on March 15, 2017. An objection to the motion to dismiss was filed by the petitioning creditors, Bigford Enterprises, Inc. ("Bigford"), Bishop & Associates, Inc. ("Bishop"), and McBride Building Supplies and Hardware, Inc. ("McBride") (collectively, "Petitioning Creditors")...
ORDER HELEN E. BURRIS , Bankruptcy Judge . Plaintiff La'Sharra Valisha McClain ("McClain") and Defendants Midland Funding, LLC and Midland Credit Management, Inc. (collectively, "Midland") present cross Motions for Summary Judgment 1 pursuant to Fed. R. Civ. P. 56. 2 The Motions ask the Court to determine whether proofs of claim filed by Midland comply with Fed. R. Bankr. P. 3001(c)(2)(A) and if not, McClain seeks relief pursuant to Fed. R. Bankr. P. 3001(c)(2)(D). FACTS The facts are...
AMENDED ORDER 1 JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court for confirmation of Angela Wanetta Brown's ("Debtor") chapter 13 plan. Steven Forester ("Forester") filed an objection ("Objection to Confirmation"). A confirmation hearing was held and the Court took the Objection to Confirmation under advisement. The Court makes the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52, which is made applicable to this contested matter by...
ORDER DISMISSING CASE JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the Motion of the United States Trustee ("UST") to Dismiss or Convert Case filed on February 28, 2017 (the "UST Motion to Dismiss or Convert"), the Joinder in UST Motion to Dismiss and Motion to Dismiss with Prejudice filed by Moving with Moxie, Inc. and AMS of Hilton Head Realty, LLC (the "First Movants") on April 6, 2017 (the "Motion to Dismiss with Prejudice") along with a request for an...
ORDER David R. Duncan , Chief US Bankruptcy Judge District of South Carolina . This matter is before the Court on alleged debtor DC Development, Inc.'s April 11, 2017 motion to dismiss [Docket No. 12] the involuntary petition filed by three creditors on March 15, 2017. An objection to the motion to dismiss was filed by the petitioning creditors, Bigford Enterprises, Inc. ("Bigford"), Bishop & Associates, Inc. ("Bishop"), and McBride Building Supplies and Hardware, Inc. ("McBride") (...
ORDER HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for a hearing on the Objection to Homestead Exemption filed by Founders Federal Credit Union 1 and Founders' Objection to Confirmation of Debtor Kimberly Anne Versace's proposed Chapter 13 plan. 2 After consideration of the evidence and testimony presented, the parties' arguments, and applicable law, the Court enters the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52(a)(1), 3...
ORDER DENYING MOTION TO DISMISS CASE DAVID R. DUNCAN , Bankruptcy Judge . This matter is before the Court on a motion to dismiss this chapter 7 case, filed by Lee Michael Wood ("Debtor") on February 21, 2017 [Docket No. 18]. Michelle L. Vieira, the chapter 7 trustee assigned to Debtor's chapter 7 case ("Trustee"), filed an objection to the motion to dismiss on March 15, 2017 [Docket No. 27]. A hearing was held on Debtor's motion on April 18, 2017. At the conclusion of the hearing, the...
ORDER ON DEBTOR'S OBJECTION TO CLAIM OF THE CITY OF COLUMBIA John E. Waites , US Bankruptcy Judge . This matter comes before the Court upon the Objection to Claim of the City of Columbia ("Objection to Claim") filed by Gary Allen Washington ("Debtor"). A reply to the Objection to Claim was filed by the City of Columbia ("City"), and a hearing was held on the matter. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. This is a core matter pursuant to 28 U.S.C. 157(b)...
ORDER GRANTING MOTION TO DISMISS DAVID R. DUNCAN , Bankruptcy Judge . This matter is before the Court on the United States trustee's ("UST") January 24, 2017 motion [Docket No. 8] to dismiss Chris Allen Smock's chapter 7 bankruptcy case. L.E. Pauli Coffey, the personal representative for Mr. Smock's probate estate, filed a response to the UST's motion on February 8, 2017 [Docket No. 11]. The UST contends that neither a deceased debtor nor a probate estate is eligible to be a debtor. A...
ORDER DENYING DISCHARGE PURSUANT TO 11 U.S.C. 727 HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the court for a trial on the Complaint filed by the United States Trustee ("UST"), seeking denial of Debtor Otis Franklin Clark's discharge pursuant to 11 U.S.C. 727(a)(2)(A) and (B) and 727(a)(4)(A). Linda K. Barr represented the UST and V. Lee Ringler appeared on behalf of Clark. Julie Smoak with the office of the UST, Clark, and Jason Stallings testified. The parties...
ORDER DENYING DEFENDANT'S MOTION FOR DISCRETIONARY ABSTENTION JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the motion of the defendant Charleston County, a political subdivision of South Carolina ("County"), asking this Court to issue an order pursuant to 28 U.S.C. 1334(c) abstaining from considering the above-captioned matter ("Motion"). Debtor and plaintiff Chicora Life Center, LC ("Debtor"), filed an objection to the Motion. Both parties briefed the issues,...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO QUASH SUBPOENA John E. Waites , U.S. Bankruptcy Judge . This matter comes before the Court upon the Motion to Quash Subpoena ("Motion to Quash") filed by Vanderbilt Mortgage and Finance, Inc. ("Vanderbilt"). The Court held a hearing on the Motion to Quash, attended by counsel for Jodi Marie Mobley and James Rufus Mobley, III ("Debtors") and Vanderbilt's counsel. Based on the record and arguments of counsel, the Court makes the...
ORDER John E. Waites , US Bankruptcy Judge District of South Carolina . This matter comes before the Court upon the filing of a Certification of Plan Completion and Request for Discharge ("Request for Discharge") filed by Gregory Dee Dowey and Sandra Karen Dowey ("Debtors"). At the time of the filing of the Request for Discharge, Debtors were not current on their ongoing post-petition payments to be paid directly to their mortgage creditor U.S. Bank National Association ("Mortgage Creditor"...
ORDER DISMISSING CASE HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court to consider whether this case should be dismissed pursuant to 11 U.S.C. 1112(b). 1 Linda Barr appeared at the hearing for Movant United States Trustee ("UST") to present evidence and several exhibits were admitted. Robert Cooper represented Debtor Boulevard Entertainment Greenville, LLC ("Boulevard") and Mark Sullivan, principal of Boulevard, testified at the hearing. A representative of Creditor...
ORDER ON DEFENDANTS' MOTION TO DISMISS JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the Motion of defendants Midland Funding, LLC ("Midland Funding") and Midland Credit Management, Inc. (individually, "Midland Credit," together with Midland Funding, "Defendants") to dismiss plaintiff Johnny Marvin Martin's ("Plaintiff") adversary complaint filed on July 7, 2016 ("Complaint") pursuant to Federal Rule of Civil Procedure 12(b)(6). 1 Plaintiff filed a response to...
