FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER (Docket No. 3676) GRANTING REQUEST FOR ALLOWANCE AND PAYMENT OF SECTION 503(B) ADMINISTRATIVE CLAIM (Docket No. 3561) RUSSELL F. NELMS , Bankruptcy Judge . CAME ON TO BE CONSIDERED the Request For Allowance and Payment Of Section 503(b) Administrative Claim, [Docket No. 3561] (the "Application") filed by Wiley Law Group, PLLC., counsel for the Amicus Curiae Fractional Interest Holders ("Applicant") and the sole Objection filed...
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT ON MANCHESTER EB-5, LLC'S REQUEST FOR DECLARATORY JUDGMENT THAT IT IS ENTITLED TO EARNEST MONEY AND REASONABLE ATTORNEY'S FEES IN CONNECTION WITH PREPETITION PURCHASE AND SALE AGREEMENT STACEY G. JERNIGAN , Bankruptcy Judge . I. INTRODUCTION This Memorandum Opinion and Order is vaguely reminiscent of a law school first year Contracts class examination. It resolves disputes stemming from a prepetition Purchase and Sale Agreement (the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF FINAL JUDGMENT HARLIN DEWAYNE HALE , Bankruptcy Judge . CAME ON FOR HEARING on the 14th day of October, 2016, the Debtor's Motion for Final Default Judgment and Brief In Support Thereof (the " Motion "). Based on the Court taking judicial notice of all documents filed in the Bankruptcy Case and this Adversary Proceeding, based on all declarations and affidavits on file in this Adversary Proceeding, based on all certificates of...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. 1129 CONFIRMING AMENDED CONSOLIDATED PLAN OF LIQUIDATION STACEY G. C. JERNIGAN , Bankruptcy Judge . WHEREAS, on August 12, 2016, the Official Committee of Unsecured Creditors (the "Committee"), a statutorily-formed committee in the above-referenced case, filed its Amended Consolidated Plan of Liquidation (the "Plan")[Docket No. 223 1 and the Amended Disclosure Statement in Support of Amended Consolidated Plan of Liquidation...
Related to ECF. No. 72 MEMORANDUM OPINION Barbara J. Houser , United States Bankruptcy Judge . Before the Court are the (1) Motion for Partial Summary Judgment [AP No. 72] 1 and brief in support [AP No. 73] (the " Motion for Partial Summary Judgment ") filed by debtor Lloyd Ward (the " Debtor "), (2) Plaintiffs' Response to Defendant's Motion for Partial Summary Judgment [AP No. 81] and brief in support [AP No. 82] (" Plaintiffs' Brief ") filed by Robert Yaquinto, Chapter 7 trustee...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Barbara J. Houser , United States Bankruptcy Judge . Before the Court are the Motion for Summary Judgment [AP No. 141] 1 and brief in support [AP No. 142] (the " Motion for Summary Judgment ") filed by defendants Amanda Ward (" Amanda "), Glenn Properties Corp. a/k/a Glenn Properties, Inc. (" GPC "), and Best Account Receivables Management Solutions, LLC (" BRM " and, collectively with Amanda and GPC, the " Movants "), the...
MEMORANDUM OPINION AUTHORIZING STRUCTURED DISMISSAL OF DEBTOR'S CHAPTER 11 CASE UNDER BANKRUPTCY CODE SECTIONS 105(a), 305(a), AND 1112(b) HARLIN DEWAYNE HALE , Bankruptcy Judge . This case presents the issue of the propriety of the "structured dismissal" in the place of the more conventional plan confirmation process to complete a Chapter 11 case. Finding that a structured dismissal is contemplated by the Bankruptcy Code and may at times be a better mechanism to conclude a reorganization...
MEMORANDUM OPINION Robert L. Jones , United States Bankruptcy Judge . This is an involuntary bankruptcy proceeding in which, after a day of trial on the contested involuntary petition, the parties — the alleged debtor, Positron Corporation, and the petitioning creditors (DX, LLC, Jason and Suzanne Kitten, Moress, LLC, and Posi-Med, LLC) — announced that they had reached a settlement that would culminate in a dismissal of the involuntary case. The parties filed the Joint Motion to Approve...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Harlin DeWayne Hale , United States Bankruptcy Judge . The Plaintiff seeks a finding that certain debts owed to it by debtor Dereck Sam Ross (the "Defendant" ) are nondischargeable. The Defendant was a member of a used car dealership (the "Dealership" ) that obtained financing from the Plaintiff. The Defendant executed a guaranty of the Dealership's obligations to the Plaintiff. The Plaintiff alleges that the Dealership sold as many as twenty-two...
Related to ECF No. 457 MEMORANDUM OPINION AND ORDER Barbara J. Houser , United States Bankruptcy Judge . Before the Court is "Debtor's Objection to Claim 45 Filed by Primary Freight Services, Inc." [ECF No. 457] (the " Claim Objection ") filed by Couture Hotel Corporation a/k/a Hugh Black-St Mary Enterprises, Inc. (the " Debtor " or " Couture "). The Claim Objection objects to claim number 45-1 (the " Original Proof of Claim ") filed by Primary Freight Services, Inc. (" Primary Freight ")...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS Russell F. Nelms , United States Bankruptcy Judge . In this case, the plaintiff, a trust created for the benefit of RadioShack's creditors, alleges that chief executive officer and director Joseph Magnacca engineered a transaction that delivered RadioShack into the hands of Standard General, its largest shareholder, in order to further Magnacca's personal ambitions. It also alleges that RadioShack's...
MEMORANDUM OPINION AND ORDER ON SHOW CAUSE MATTER INVOLVING DEBTOR'S PREVIOUS CHAPTER 13 BANKRUPTCY COUNSEL (ORDERING CERTAIN AMENDED DISCLOSURES AND DISGORGEMENT OF FEES) STACEY G. JERNIGAN , Bankruptcy Judge . This Memorandum Opinion and Order resolves a "Show Cause Matter" (herein so called) that arose in the above-referenced Chapter 13 case (the "Current Chapter 13 Case") of Netoche Brigham Fair (the "Debtor" or "Ms. Fair"). The matter was initiated with this court's "Order Setting...
FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN D. HALE , Bankruptcy Judge . This case involves a clear-cut violation of the automatic stay. The defendant, Educational Credit Management Corporation (" ECMC "), garnished the wages of Kristin Bruner-Halteman (the " Plaintiff ") thirty-seven times during the pendency of her bankruptcy case without ever seeking or obtaining relief from the automatic stay. The first garnishment occurred on April 20, 2012, a few days after the Plaintiff filed for...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF DEBTOR LANDMARK HOLDINGS, L.P.'S FIRST AMENDED PLAN OF REORGANIZATION, AS MODIFIED MARK X. MULLIN , Bankruptcy Judge . Came on to be considered on the 2nd day of February, 2016, the confirmation hearing (the " Confirmation Hearing ") with regard to Debtor Landmark Holdings, L.P.'s First Amended Plan of Reorganization [Docket No. 88] (the " First Amended Plan ") filed by Landmark Holdings, L.P. (" Debtor ") in the instant...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTION FOR DETERMINATION THAT FIRST PLAN MODIFICATIONS DO NOT ADVERSELY AFFECT ANY ACCEPTING CREDITOR THAT HAS NOT ACCEPTED THE MODIFICATIONS IN WRITING MARK X. MULLIN , Bankruptcy Judge . On this day came on for consideration the Motion for Determination That First Plan Modifications Do Not Adversely Affect Any Accepting Creditor That Has Not Accepted the Modifications in Writing [Docket No. 97], filed on January 28, 2016 (the " First...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . On December 4, 2015, Walter O'Cheskey, Trustee of the AHF Liquidating Trust ("Trustee"), filed his motion requesting authority to make a distribution from the AHF Liquidating Trust to the Unified AHF Unsecured Creditors' Liquidating Trust ("Creditors' Trust") [Docket No. 3789] (the "Motion"). As previously addressed by the Court, see Memorandum Opinion [Docket No. 3778], certain creditors assigned their claims to the...
MEMORANDUM OPINION ON ORDER GRANTING MOTION TO DISMISS Mark X. Mullin , United States Bankruptcy Judge . The Court dismissed an involuntary petition against Harry McMillan because the creditor who filed it was not a qualified petitioner. McMillan then sued Donal Schmidt and two other defendants under 11 U.S.C. 303(i), which provides that after a contested dismissal of an involuntary petition, a bankruptcy court may grant judgment for fees and costs against "the petitioners," 1 and a...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. 1129 CONFIRMING DEBTOR'S FIFTH AMENDED JOINT PLAN OF REORGANIZATION BARBARA J. HOUSER , Bankruptcy Judge . WHEREAS, on June 8, 2015, Couture Hotel Corporation a/k/a Hugh Black—St Mary Enterprises, Inc. (the "Debtor") debtor and debtor-in-possession in the above-referenced case, filed its Second Amended Plan of Reorganization (the "Second Amended Plan")[Docket No. 261] 1 and the Second Amended Disclosure Statement in Support...
