Chapter 13 AMENDED MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY COURT. Before the Court is the Complaint filed by Patricia L. Cruickshanks (the "Debtor") to determine the validity, priority, or extent of liens asserted by The Pemberton Oaks Townhouse Association, Inc. (the "Defendant"). The Debtor seeks the release of Defendant's judgment liens and assessment liens against Debtor's property. On December 12, 2012, the Debtor filed a voluntary petition for relief under...
Chapter 13 MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY COURT Before the Court is the Complaint filed by Patricia L. Cruickshanks (the "Debtor") to determine the validity, priority, or extent of liens asserted by The Pemberton Oaks Townhouse Association, Inc. (the "Defendant"). The Debtor seeks the release of Defendant's judgment liens and assessment liens against Debtor's property. On December 12, 2012, the Debtor filed a voluntary petition for relief under Chapter 13...
Chapter 13 MEMORANDUM OPINION Keith L. Phillips, United States Bankruptcy Judge Before the Court is the motion of the Chapter 13 Trustee, Carl M. Bates, to modify the Chapter 13 plan of debtors Anthony Joseph Swain and Carrie Collins Swain "due to an unanticipated and substantial change in the debtors' circumstances...." The Trustee makes his motion pursuant to 1329 of the Bankruptcy Code, 11 U.S.C. 1329. 1 The Debtors agree that a modification of the plan is appropriate but disagree...
MEMORANDUM OPINION AND ORDER BRIAN F. KENNEY, United States Bankruptcy Judge. This matter comes before the Court on the Trustee's Motion to Dismiss the Plaintiffs' Complaint pursuant to Bankruptcy Rule 7012. See FED. R. BANKR. P. 7012 (incorporating FED. R. CIV. P. 12(b)(6)). The issues are: (1) whether the Plaintiffs' claims under the Worker Adjustment and Retraining Notification (WARN) Act (29 U.S.C. 2101-2109) rise to the level of administrative claims under 11 U.S.C. 503(b)(1)(A)(...
Chapter 11 Jointly Administered Contested Matter MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE Before the Court in this Contested Matter is the Motion of Emiko Board (the "Movant" or "Board") for Declaration that Discharge Injunction Is Not Applicable or, in the Alternative, for Extension of Time Within Which to Make Application for Payment of Administrative Expense Claim (the "Motion") filed against the Reorganized Debtors, 1 AMF Bowling Worldwide, Inc. (the "...
Chapter 11 MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . Before the Court in this Contested Matter is the Movant, Branch Banking and Trust's ("BB & T") Renewed Motion for Rule 9011 Sanctions (the "Renewed Motion for Sanctions") against the Debtor, Michael's Enterprises of Virginia, Inc. (the "Debtor" or "Michael's Enterprises"), the Debtor's sole shareholder, Michael S. Pintz ("Pintz"), and the Debtor's Counsel, Lee Robert Arzt (the "Debtor's Counsel"). 1...
Chapter 13 MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE Before the Court is a Motion to Dismiss the Debtor's chapter 13 case, submitted by HSBC Bank, USA ("HSBC"). For the reasons set forth below, the Court finds that 11 U.S.C. 1127(e) does not prevent the Debtor from filing a subsequent chapter 13 case after substantial consummation of the Debtor's prior chapter 11 plan (the "Chapter 11 Plan"). The Debtor experienced a substantial and unanticipated change in her...
Chapter 11 MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE. Before the Court in this Adversary Proceeding are cross-motions for summary judgment filed by Plaintiff, Alfred H. Siegel, the Trustee of the Circuit City Stores, Inc. Liquidating Trust (the "Trustee") and by Defendant Sony Electronics, Inc. ("Sony"). A hearing was conducted on August 21, 2014 (the "Hearing"), to consider the parties' arguments. The parties presented four primary issues upon which the Court...
Chapter 11 MEMORANDUM OPINION Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE On January 23, 2014 (the "Petition Date"), The Free Lance-Star Publishing Company of Fredericksburg, VA ("The Free Lance-Star") and William Douglas Properties, LLC ("William Douglas" and, together with The Free Lance-Star, the "Debtors") filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code. 11 U.S.C. 101 et. seq. (the "Bankruptcy Code"). The Debtors' bankruptcy cases...
MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS COMPLAINT BRIAN F. KENNEY, Bankruptcy Judge. This matter comes before the Court on the Motion of Defendant, JP Morgan Chase Bank, N.A. ("Chase"), to Dismiss the Plaintiff's Complaint pursuant to Bankruptcy Rule 7012 (incorporating F.R. Civ. P. 12(b)(6)). Docket Nos. 9 and 10. The Plaintiff has filed an opposition. Docket No. 18. The Court heard the arguments of the parties on December 17, 2013. For the reasons stated below, the Court will...
(Chapter 7) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge. This case is before the court on the joint motion of the debtors and a creditor to approve a settlement of a complaint objecting to the granting of a discharge to the debtors. The parties propose that the discharge complaint be dismissed, the debtors receive their discharge and the creditor's judgment be declared nondischargeable. The last relief was not requested in the complaint. The motion will be denied....
(Chapter 13) MEMORANDUM OPINION Robert G. Mayer, United States Bankruptcy Judge Each debtor in these three chapter 13 cases seeks to strip off a wholly unsecured lien of a deed of trust on his or her principal residence. In each case, the property is owned by the debtor and his or her spouse as tenants by the entirety and the spouse has not filed a petition in bankruptcy. They contend that Alvarez v. HSBC Bank USA, NA (In re Alvarez), 733 F.3d 136 (4th Cir.2013) and In re Hunter, 284...
