(Chapter 11) Contested Matter (Motion to Appoint Chapter 11 Trustee Docket Entry 592) Contested Matter (Motion to Convert Case to Chapter 7 Docket Entry 654) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge. This case is before the court on the motion of Judy A. Robbins, United States Trustee, to appoint a chapter 11 trustee, and the motion of Stites & Harbison, PLLC to convert the case to a proceeding under chapter 7. (Docket Entries 592 and 654, respectively). The...
(Chapter 11) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge THIS CASE was before the court for valuation of the debtors' real property for purposes of confirmation of its proposed chapter 11 plan. The debtors accumulated about 15 parcels of unimproved real property. Their plan of reorganization provides that the property will be sold to a developer. The contract is subject to the contingency that the property be re-zoned to a higher density. The appraiser presented two...
(Chapter 11) Contested Matter (Motion to Approve Settlement Docket Entry 498) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge. This case is before the court on the Joint Motion and Memorandum for Order Approving Settlement Agreement Between Debtors and First Owners' Association of Forty-Six Hundred Condominium, Inc., and for Related Relief (Docket Entry 498). For the reasons stated below and on the record on September 12, 2013, the motion will be denied. I. Background...
(Chapter 11) Contested Matter (Motion to Approve Settlement, Docket Entry 498) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge This case is before the court on preliminary matters related to the Joint Motion and Memorandum for Order Approving Settlement Agreement Between Debtors and First Owners' Association of Forty Six Hundred Condominium, Inc., and for Related Relief (Docket Entry 498). The Rule 9019 settlement motion seeks court approval of a settlement agreement...
Chapter 13 MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE The issue presented in this case is whether the Social Security income of a debtor's non-filing spouse should be included in the calculation of a Chapter 13 debtor's projected disposable income. The Court holds it should not. But notwithstanding the Court's holding in this regard, the proposed plan in this case still cannot be confirmed, as it fails to meet the liquidation test under section 1325 of the...
(Chapter 11) MEMORANDUM OPINION AND ORDER DENYING MOTION TO SUBSTITUTE COUNSEL Robert G. Mayer, United States Bankruptcy Judge Three of the four owners of Gordon Properties, LLC, are defendants in this case. Two of the owners ask that their counsel be permitted to withdraw and that counsel for the debtor be permitted to represent them. 1 The owners lent the debtor $1.7 million during the course of this bankruptcy. 2 Their ownership interests and their status as creditors are interests...
(Chapter 11) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge. This case was before the court on March 26, 2013, on First Owners' Association's Motion to Approve the Service Agreement with Condominium Services, Inc. (Docket Entry 326). 1 The court continued the hearing on the motion because the issues were not fully developed. This Memorandum Opinion addresses some, but not all, of the issues of concern to the court and to aid the parties in preparing for the continued...
NOT FOR PUBLICATION DOUGLAS O. TICE JR., Bankruptcy Judge. MEMORANDUM OPINION (UNPUBLISHED) Chapter 7 debtor plaintiff Sonya Pettaway owes the defendant U.S. Department of Education approximately $19,364 for an education loan that she took to help finance her college education, which she completed in 1997. She initiated this adversary proceeding by filing a complaint that requests this court to determine that requiring her to repay the loan would constitute an undue hardship. Such a...
MEMORANDUM OPINION ROBERT G. MAYER, Bankruptcy Judge. First Owners Association of Forty Six Hundred Condominium, Inc., ("FOA"), one of the defendants in this adversary proceeding, asks that Reed Smith LLP, counsel for the plaintiffs, be disqualified because Reed Smith previously represented it in substantially related matters. Va. Rules of Professional Conduct Rule 1.9(a). 1 FOA has been in litigation with Gordon Properties, LLC and its related entities and individuals for more than four...
