MEMORANDUM OPINION AND ORDER DOUGLAS O. TICE, Jr., Bankruptcy Judge. Background. Keith L. Phillips, chapter 11 trustee for this estate, filed a motion to rehear the court's denial of the assumption and assignment of a contract between debtor and Sant Corporation. The contract is known as the Sant Supply Agreement, and it provides for Sant to provide fuel for debtor's store number 642, located at 2200 West Mercury Blvd., Hampton, Virginia. The Sant Supply Agreement was included in a block...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. The enforcement of provisions in a condominium's bylaws that prohibit a chapter 11 debtor with a pre-petition delinquency in the payment of condominium fees from voting at an annual meeting or holding office as a director of the condominium association violates the automatic stay. 1 First Owners Association of Forty Six Hundred enforced such a provision by cancelling its 2010 annual meeting. The association will be sanctioned $100,000...
MEMORANDUM OPINION STEPHEN C. ST. JOHN, Bankruptcy Judge. This matter comes before the Court upon the Motion for Summary Judgment ("Summary Judgment Motion") filed on May 3, 2011, 1 by the Defendant, Charles Dunlap ("Mr. Dunlap"), seeking the entry of summary judgment as to the Amended Complaint filed by the Plaintiff, Structured Investments Co., LLC ("SICO"). At the conclusion of the hearing held on the Summary Judgment Motion on May 24, 2011, the Court took this matter under advisement....
MEMORANDUM OPINION STEPHEN S. MITCHELL, Bankruptcy Judge. This is an action to determine the dischargeability of a debt arising from a $50,000 loan made by the plaintiff, Anne Nash-Bone, to the defendants, James L. Ramey and Barbara A. Ramey. Although the loan was secured by a deed of trust against a townhouse owned by the defendants, the deed of trust was not recorded, and the townhouse was sold about two months later without repayment of the loan. Later, Ms. Nash-Bone agreed to extend the...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. THIS CASE is before the court on the defendants' motion to dismiss the complaint for lack of jurisdiction. Gordon Properties, LLC, the debtor, filed a four-count complaint asserting that First Owners' Association of Forty Six Hundred Condominium, Inc., and the other defendants (i) violated the automatic stay; (ii) engaged in corporate election fraud at the 2009 annual meeting; (iii) failed to hold annual meetings in 2007, 2008, 2009...
MEMORANDUM OPINION KEVIN R. HUENNEKENS, Bankruptcy Judge. In this adversary proceeding the Court is asked to wind up the affairs of the Plaintiff Virginia limited liability entity, Treadegar Construction, LLC ("Treadegar") 1 and to distribute funds the Court has on deposit (the "Interpled Funds") to the holders of the interests in Treadegar. To accomplish this request the Court must first determine what, if any, are the outstanding debts and obligations of Treadegar. The parties to this...
MEMORANDUM OPINION STEPHEN S. MITCHELL, Bankruptcy Judge Before the court is the debtor's objection to Claim No. 7 filed by Alessandra Palombella as a priority claim for unpaid commissions in the amount of $8,207.66. An evidentiary hearing was held on February 25, 2011, at which the debtor appeared by counsel and the creditor appeared in person and represented herself. For the reasons stated, the claim will be allowed in large part, but as a general unsecured claim, not a priority claim....
MEMORANDUM OPINION DOUGLAS O. TICE JR., Chief Judge. Plaintiff W. Davey Crockett, filed the complaint in this adversary proceeding against debtor Shaheen Aloam Ferris II seeking to deny debtor's chapter 7 discharge pursuant to 11 U.S.C. 727(a)(2) and (a)(3) and to have amounts due to plaintiff excepted from discharge pursuant to 11 U.S.C. 523(a)(2) and (a)(4). Following trial the parties submitted proposed findings of fact and conclusions of law. For reasons stated in this memorandum...
MEMORANDUM OPINION FRANK J. SANTORO, Bankruptcy Judge. This matter is before the Court upon the Debtor's "Motion To Revoke Recognition Of Foreign Main Proceeding Pursuant To 11 U.S.C. 1517(d)" (the "Motion to Revoke Recognition") filed by Jonathan A. Loy (the "Debtor") on September 15, 2009. (Doc. No. 71.) 1 The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a) and 1334 and the General Order of Reference from the United States District Court for the Eastern...
MEMORANDUM OPINION STEPHEN S. MITCHELL, Bankruptcy Judge. Before the court are two related matters. The first—on remand from the United States Court of Appeals for the Fourth Circuit—is the reorganized debtor's objection to Claim No. 3018 filed by Fougere Holcombe in the amount of $60,475,000 for alleged employment discrimination in violation of the Americans with Disabilities Act ("ADA"). 1 The second is Ms. Holcombe's cross-motion to set aside the original order disallowing her claim. 2...
MEMORANDUM OPINION DOUGLAS O. TICE JR., Chief Judge. Plaintiff Wachovia Bank, National Association, a creditor in debtor's chapter 7 bankruptcy case, brought this adversary proceeding to deny debtor's discharge in bankruptcy pursuant to 11 U.S.C. 727(a)(2)(A) and (B), and 727(a)(4)(A). Trial on the complaint was held on October 4, 2010, at the conclusion of which the court deferred argument and requested the parties to submit proposed findings of fact and conclusions of law. This...
MEMORANDUM OPINION AND ORDER DOUGLAS O. TICE JR., Chief Judge. Harry Shaia Jr., chapter 7 trustee in this converted case, filed a motion to require debtor's counsel, the firm of Hirschler Fleischer, P.C., to disgorge the retainer paid by debtor to counsel prior to the filing of debtor's chapter 11 petition. Hirschler Fleischer opposes the motion and requests the court to allow it to draw on the balance of its pre-petition retainer. Both parties filed memoranda in support of their requests,...
