MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. This matter came on for hearing on October 7, 2013, on creditor CadleRock Joint Venture II, LP's Motion to Dismiss and Motion for Relief from Stay and Abandonment. [Doc. No. 14]. The debtor is a corporation whose sole purpose is to act as a trustee for a trust containing two parcels of income-producing real estate. The movant holds a judgment lien on those two parcels that is superior to the debtor's interest. The court finds that the two...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The trustees seek substantive consolidation of the two cases in order to sell a condominium owned by the debtors as tenants by the entirety for the benefit of the debtors' joint creditors. Before the court determines whether substantive consolidation is warranted, it must determine whether the trustees can overcome the exemption that each debtor has claimed in their respective entirety interests in the condominium. Mr. Jahn, Mr. James' trustee,...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. Quantum3 Group LLC ("Quantum3"), as agent for Capio Partners, LLC, its successors and assigns as assignee of Athens Regional Medical Center, filed Claims Nos. 5 and 6 in this bankruptcy case, asserting that the debtor, Melinda Gail Young ("Debtor"), owed Capio Partners, LLC, $164.03 (Claim 5) and $1,102.21 (Claim 6) in unsecured medical debt. [Doc. Nos. 5-1, 6-1]. The Debtor objected to the claims. [ECF Nos. 32, 33]. The court makes...
[THIS OPINION IS NOT INTENDED FOR PUBLICATION AS THE PRECEDENTIAL EFFECT IS DEEMED LIMITED.] MEMORANDUM ON APPLICATION TO EMPLOY JACK D. LONDON AS ACCOUNTANT NUNC PRO TUNC AND FIFTH APPLICATION FOR COMPENSATION FOR HENDERSON, HUTCHERSON & McCULLOUGH SHELLEY D. RUCKER, Bankruptcy Judge. The contested matters before the court challenge the nunc pro tunc employment of and payment of fees to an accountant who has provided services to the estate. The objection to the Fifth Application for...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Jude. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Quantum3 Group LLC ("Servicer" or "Quantum3"), as servicing agent for Capio Partners, LLC ("Claimant"), filed Claim No. 10 on September 25,...
MEMORANDUM OPINION ON FIRST AND FINAL APPLICATION OF BURR & FORMAN LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES SHELLY B. RUCKER, Bankruptcy Judge. The court has before it the First and Final Application of Burr & Forman, LLP ("Applicant") for Allowance of Compensation and Reimbursement of Expenses. The law firm of Grant, Konvalinka & Harrison, P.C. ("GKH") has filed an objection to the application on the basis that the fees did not benefit the estate. At the hearing on...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts CVF Consumer Acquisition Company, its successors and assigns as assignee of NCO Portfolio Management ("Claimant"), through its servicer,...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts CVF Consumer Acquisition Company, its successors and assigns as assignee of NCO Portfolio Management ("Claimant"), through its servicer,...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Galaxy Asset Purchasing, LLC ("Claimant"), through its servicer, Quantum3 Group, LLC ("Servicer") filed proof of claim no. 12 for $1,222.00...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Galaxy Asset Purchasing, LLC ("Claimant"), through its servicer, Quantum3 Group, LLC ("Servicer") filed proof of claim no. 13 for $8,571.06...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Quantum3 Group LLC ("Servicer" or "Quantum3"), as servicing agent for Galaxy Asset Purchasing, LLC, its successors and assigns as assignee...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. In support of its ruling, the court makes the following findings of fact and conclusions of law based on Fed. R. Bankr. P. 7052 made applicable to contested matters by Fed. R. Bankr. P. 9014. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Galaxy Portfolios LLC, its successors and assigns as assignee of Bank of America, NA, USA ("Claimant"), through its servicer, Quantum3 Group,...
MEMORANDUM AND ORDER SHELLEY D. RUCKER, Bankruptcy Judge. The court makes the following findings of fact and conclusion of law based on Fed. R. Bankr. P. 7052 as made applicable to contested matters by Fed. R. Bankr. P. 9013. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157 (b)(2)(B). I. Facts Genesis Financial Solutions, Inc. ("Claimant"), through its servicer, Quantum3 Group, LLC ("Servicer") filed proof of claim no. 22 for $800.35 on October 14, 2011....
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The Debtors objected to the claim filed by Resurgent Capital Services as servicing agent for LVNV Funding, LLC ("Claimant"), its successors and assigns, as assignee of Capital One. Their objection requires this court to determine whether a claim for recovery of a consumer credit card debt should be disallowed under 11 U.S.C. 502(b)(1) because the proof of claim, as filed, fails to prove how the Claimant came to be the holder of the debt....
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The Trustee has filed this adversary proceeding against the defendants James F. Hopkins, Marilyn Hopkins-Dixon, Vivian Hopkins-Bailey, and Anthony Hopkins. [Doc. No. 1, Complaint]. 1 One of the four named defendants, Marilyn Hopkins-Dixon ("Hopkins-Dixon" or "Defendant"), has moved to dismiss this adversary proceeding on the grounds: (1) that the court lacks jurisdiction over the state law fraudulent conveyance claim against non-creditors; (2)...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. In this adversary proceeding the Trustee, Richard P. Jahn, Jr. ("Plaintiff" or "Trustee") asks this court to deny the discharge of the debtors, Darrell Eugene Hughes and Lori Lynn Hughes ("Debtors"), pursuant to 11 U.S.C. 727(a)(4)(A). The Debtors deny that they engaged in conduct prohibited by 727(a)(4)(A) and assert that they are entitled to a discharge pursuant to Chapter 7 of the Bankruptcy Code. After a review of the testimony,...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The plaintiffs and debtors Joel Robert Jenkins and Traci Lynn Jenkins ("Plaintiffs" or "Debtors") filed this adversary proceeding against Defendant JPMorgan Chase Bank, N.A., successor by merger to Chase Home Finance, LLC ("Defendant" or "Chase"). The Plaintiffs' claims are breach of contract and/or promissory estoppel based on Chase's alleged promises related to a modification of their mortgage. Plaintiffs further claim that the Defendant...
MEMORANDUM SHELLY D. RUCKER, Bankruptcy Judge. The United States Trustee ("UST") and the Chapter 13 Trustee ("Trustee") filed Motions to Examine Fees Paid to Attorney Barbara Sims Arthur pursuant to 11 U.S.C. 329(b) and Request for Sanctions in the chapter 13 cases filed on behalf of Jayson Smith and Elnor Henderson 1 ("Smith Sanctions Motion" and "Henderson Sanctions Motion," collectively the "Sanctions Motions"). Mr. Smith and Ms. Henderson approached Ms. Arthur about filing a...
