ORDER David R. Duncan , Chief US Bankruptcy Judge . This matter is before the Court on the defendants', Zachary A. Gaither, Jordan Gaither Willis, Benjamin Richard Gaither, and ZJB, LLC (collectively "Defendants"), Motion to Dismiss pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure. 1 [Docket No. 9]. BACKGROUND This adversary proceeding arises from a tragic accident and a subsequent civil action which resulted in a $1.3 million settlement in favor of Cole and...
ORDER HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for trial on the Complaint filed by Connector 2000 Association, Inc. aka Greenville Toll Road ("Connector"). The Joint Pretrial Order setting forth stipulated facts and issues for consideration is hereby incorporated. 1 Connector asserts its claims resulting from toll road violations under S.C. Code Ann. 57-5-1495 are nondischargeable debts pursuant to 11 U.S.C. 523(a)(2)(A). In response, Debtor Wanda...
ORDER DAVID R. DUNCAN , Bankruptcy Judge . Jon E. Whitley, the plaintiff in this adversary proceeding, seeks a determination from the Court that the debt that he alleges is owed to him by the defendant David Walter Donnell is nondischargeable in Mr. Donnell's chapter 7 bankruptcy case pursuant to 11 U.S.C. 523(a)(2)(A), for false pretenses, false representations or actual fraud; (a)(4), for embezzlement; and (a)(6), for willful and malicious injury. Mr. Whitley bases his causes of action...
ORDER GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING DAVID R. DUNCAN , Chief Bankruptcy Judge . The plaintiff in this action, Bishop Ruben DeWayne, filed a chapter 7 bankruptcy case pro se on April 27, 2018. The chapter 7 trustee entered a report of no distribution on May 23, 2018. Mr. DeWayne commenced this adversary proceeding on June 7, 2018, naming First National Bank of Arizona, c/o MERS, Inc. and J.P. Morgan Mortgage Acquisition Corp. as defendants (the "Defendants"), seeking a...
ORDER GRANTING RELIEF FROM STAY BASED UPON FAILURE TO COMPLY WITH SETTLEMENT ORDER JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the Affidavit of Default filed by Nationstar Mortgage LLC d/b/a Mr. Cooper ("Movant"), which indicates that Debtors have failed to comply with the terms of the Settlement Order entered on March 13, 2018 by failing to make the April 2018 — June 2018 regular payments and the April 2018 — June 2018 stipulation payments in accordance...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SHILSON, GOLDBERG, CHEUNG & ASSOCIATES' MOTION TO DISMISS OR ALTERNATIVELY, MOTION TO TRANSFER VENUE THIS MATTER came before the Court for hearing on May 17, 2018, for consideration of the Motion to Dismiss or, alternatively, Transfer Venue filed by Defendant Shilson, Goldberg, Cheung & Associates ("SGC"). 1 Plaintiff Janet B. Haigler, Chapter 7 Trustee in the above captioned case ("Trustee"), objected. 2 Present at the hearing were Frank...
ORDER David R. Duncan , Chief US Bankruptcy Judge . Givair Ribeiro De Caris ("Defendant") filed a voluntary petition for relief under chapter 7 of the bankruptcy code on June 23, 2016. LM Insurance Corporation's ("Plaintiff") complaint in this adversary proceeding contains two causes of action: non-dischargeability of Plaintiff's claim under 11 U.S.C. 523(a)(2)(A) and objection to Defendant's discharge under 11 U.S.C. 727(a)(3). Trial was held on May 15-16, 2018. Jurisdiction is...
ORDER David R. Duncan , Chief US Bankruptcy Judge . This matter is before the Court on a Motion to Dismiss filed by the United States Trustee on November 2, 2017 [Docket No. 28]. Debtor Dean Randall Bozard ("Debtor") filed a response to the Motion on November 22, 2017 [Docket No. 30]. A hearing was held on May 8, 2018. At the conclusion of the hearing the Court took the matter under advisement and now issues this Order. BACKGROUND 1. Debtor filed a voluntary petition for relief...
ORDER DAVID R. DUNCAN , Bankruptcy Judge . This matter is before the Court on alleged debtor Elizabeth H. Lisenby Estate Protection Trust's ("Lisenby Trust") November 6, 2017 motion to dismiss [Docket No. 6] the involuntary petition filed by Mark E. Shelley, PC d/b/a The Shelley Law Firm ("Shelley Law") on October 9, 2017. An objection to the motion to dismiss was filed by Shelley Law on December 1, 2017 [Docket No. 10]. Lisenby Trust filed a response on December 6, 2017 [Docket No. 11]. A...
ORDER DENYING TRUSTEE'S MOTION TO STRIKE MARILYN GARTLEY AS A "MAY CALL" WITNESS WITHOUT PREJUDICE JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the Motion of plaintiff Robert F. Anderson, as Chapter 7 Trustee ("Trustee") to strike Marilyn Gartley ("Ms. Gartley") from the "may call" witness list ("Motion") submitted by defendants' Morgan Keegan & Company, Inc. and Keith E. Myers (collectively "MK Defendants"). MK Defendants filed a timely objection to the...
ORDER OVERRULING OBJECTION TO CONFIRMATION HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for consideration of Founders Federal Credit Union's Objection to Confirmation of Debtor William Wylie Simpson, Jr.'s proposed Chapter 13 plan. 1 The Court enters the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52(a)(1). 2 FINDINGS OF FACT On May 31, 2012, Simpson's mother, Elizabeth W. Simpson ("Mother"), executed a note and mortgage in...
ORDER OVERRULING TRUSTEE'S OBJECTION TO CONFIRMATION HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court to consider confirmation of the Chapter 13 Plan of Debtor Michael Palcher 1 and the Objection thereto filed by Gretchen Holland, Chapter 13 Trustee. 2 The Objection asserts Palcher's plan does not satisfy the requirements of 11 U.S.C. 1325(b). The parties ask the Court to determine "[w]hether the Social Security income paid to a non-debtor, who is not the debtor'...
