MEMORANDUM OPINION (Denying Motion to Intervene) HENRY E. HUDSON , District Judge . THIS MATTER is before the Court on a Motion to Intervene (ECF No. 59), filed on September 2, 2016, through which the Federal Housing Finance Agency (the "FHFA' or "movant") seeks to intervene as a defendant in the above-captioned matter. For the reasons stated herein, the Motion will be denied. I. BACKGROUND Plaintiff Ashley Burke ("Plaintiff) filed a Complaint on behalf of herself and a putative class...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Alpha Natural Resources, Inc., and 149 of its direct and indirect subsidiaries (the "Debtors") commenced these bankruptcy cases on August 3, 2015, in the United States Bankruptcy Court for the Eastern District of Virginia (the "Court"). 1 On August 29, 2016, the Court issued a memorandum opinion 2 in support of an order denying the motion of Mar-Bow Value Partners LLC ("Mar-Bow") to stay the effectiveness of an order entered...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . This case is before the court on the motions of H. Jason Gold, the former chapter 7 trustee (the "Trustee"), and ALG Trustee, LLC, the trustee under a first deed of trust ("ALG"), to dismiss this case. (Docket Entries 30 and 32, respectively). The Amended Complaint 1 was filed by The Bank of New York Mellon fka The Bank of New York, as Trustee for Certificate Holders of the CWALT, Inc., Alternative Loan Trust 2006-OA9...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . These Consolidated Contested Matters concern related Objections to proofs of claim in the bankruptcy cases of Rachel Maddux ("Maddux"), Jeffery Light ("Light"), Patricia A. Jones ("Jones"), Calvin A. Johnson ("Johnson"), Dianne Renee Peterson ("Peterson"), and Rae Blaha ("Blaha") (each, a "Debtor," and collectively, the "Debtors"). Each Debtor filed a separate voluntary petition under chapter 13 of the bankruptcy...
MEMORANDUM OPINION AND ORDER ALLOWING TRUSTEE'S COMPENSATION Brian F. Kenney , United States Bankruptcy Judge . This matter is before the Court on the Trustee's First Interim Application for Compensation. Docket No. 96. The United States Trustee has filed an Objection. Docket No. 102. The Trustee filed a Reply Memorandum. Docket No. 103. The Court heard the arguments of the parties on October 18, 2016. On October 21, 2016, the Court entered an Order allowing the undisputed portion of the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIAN F. KENNEY , Bankruptcy Judge . This matter came before the Court for a trial on the merits on August 31, September 1, 2 and 6, 2016, on the Plaintiffs' Complaint to determine the dischargeability of certain debts pursuant to 11 U.S.C. 523(a)(2)(A) (false pretenses or actual fraud) and 523(a)(4) (defalcation while acting in a fiduciary capacity). For the reasons stated below, the Court finds in part for the Plaintiffs and in part for the...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Plaintiff, Eugene Davis, liquidating trustee (the "Trustee") for the PCC Liquidating Trust (the "Liquidating Trust"), successor-in-interest to Patriot Coal Corporation ("Patriot"), Panther, LLC ("Panther"), Catenary Coal Company ("Catenary"), and Coyote Coal Company ("Coyote") (collectively, the "Debtors"), filed a "Complaint for Turnover of Tax Refund" (the "Complaint") against the West Virginia State Tax Department (...
MEMORANDUM OPINION AND ORDER ROBERT G. MAYER , Bankruptcy Judge . THIS CASE was before the court on the chapter 13 trustee's Motion to Vacate Memorandum Opinion and Order Overruling Trustee's Objection to the Debtors' Claim of Exemptions (Docket Entry 43). The chapter 13 trustee filed his Objection to the Debtors' Claim of Exemptions on June 10, 2016 (Docket Entry 17). The debtors filed their Answer to Trustee's Objection to Property Claimed as Exempt on June 29, 2016 (Docket Entry 20)....
MEMORANDUM OPINION AND ORDER Robert G. Mayer , United States Bankruptcy Judge . THIS CASE was before the court on the chapter 13 trustee's Motion to Vacate Memorandum Opinion and Order Overruling Trustee's Objection to the Debtors' Claim of Exemptions (Docket Entry 43). The chapter 13 trustee filed his Objection to the Debtors' Claim of Exemptions on June 10, 2016 (Docket Entry 17). The debtors filed their Answer to Trustee's Objection to Property Claimed as Exempt on June 29, 2016 (...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court in this contested matter is the motion (the "Motion") filed by Richard Arrowsmith, in his capacity as the Liquidating Trustee of the HDL Liquidating Trust (the "Liquidating Trustee") 1 , for approval of a settlement agreement between the HDL Liquidating Trust and LeClairRyan, A Professional Corporation ("LeClairRyan") under Federal Rule of Bankruptcy Procedure 9019 (the "Bankruptcy Rules"). Through the Motion, the...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . This case was before the court on the debtor's application to employ counsel (Docket Entry 14), the United States trustee's responses and supplemental objection (Docket Entries 16, 25 and 42) and the debtor's response (Docket Entry 45). The application will be denied without prejudice. The Employment Application and the Retainer Agreement The debtor filed an application to employ counsel and his law firm. The...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE Before the Court in this contested matter is the motion (the "Motion") filed by Richard Arrowsmith, in his capacity as Liquidating Trustee of the HDL Liquidating Trust (the "Liquidating Trustee") 1 for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (the "Civil Rules"), as incorporated by Rule 7056 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") in connection with...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . THIS CASE is before the court on the chapter 7 trustee's objection to the debtor's homestead exemption in personal property. The trustee argues that the debtor did not fully comply with Va.Code (1950) 34-14 which addresses how personal property is set apart for purposes of the homestead exemption. Va.Code (1950) 34-4. The debtor recorded a homestead deed in 1991 and a second homestead deed in this case. The second...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . THIS CASE was before the court on the chapter 13 trustee's objection to debtors' claim of exemptions (Docket Entry 17). The debtors filed a voluntary petition under chapter 13 of the Bankruptcy Code on April 19, 2016. They scheduled eight checking accounts with balances totaling $21,018.85, and claimed $18,053.63 of that amount as exempt under Va. Code Ann. 34-29. The trustee objected to the debtors' claim of...
MEMORANDUM OPINION AND ORDER KEITH L. PHILLIPS , Bankruptcy Judge . Before the Court is the "Renewed Motion to Remand, or, Alternatively, for Discretionary Abstention" filed by Plaintiff Black Diamond Commercial Finance, LLC. A hearing on the motion was held on June 16, 2016, at which the Court heard the argument of the parties. After the hearing, the Court took the matter under advisement. Background On May 12, 2015, Debtor Patriot Coal Corporation and certain of its debtor affiliates...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . This case was before the court on the debtor's Motion to Voluntarily Dismiss this case pursuant to Federal Rule of Bankruptcy Procedure 7041 which incorporates Rule 41 of the Federal Rules of Civil Procedure. The debtor proceeds under Rule 41(a)(2). The Court of Appeals for the Fourth Circuit explained the purpose and operation of Rule 41(a)(2) in Davis v. USX Corp., 819 F.2d 1270 , 1273 (4th Cir. 1987). It stated:...
MEMORANDUM OPINION Robert G. Mayer , United States Bankruptcy Judge . This case is before the court on the motion of Lora Holland for relief from the automatic stay to conclude a pending divorce case in which she is seeking a divorce a vincula matrimonii, support, equitable distribution, and attorney's fees. The debtor concedes that most of the requested relief is not stayed by 11 U.S.C. 362(a) and does not oppose relief as to those matters. 1 However, he opposes relief that would...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . This contested matter involves a motion (the "Motion for Protection") filed by the Circuit City Stores Inc. Liquidating Trust (the "Liquidating Trust") for protection from a foreign subpoena (the "Subpoena") issued at the behest of Toshiba Corporation and Toshiba America Electronic Components, Inc. (together, "Toshiba") in connection with an action in which the Liquidating Trust is not a party, State of Illinois v....
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . On August 3, 2015 (the "Petition Date"), Alpha Natural Resources, Inc., and 149 1 of its direct and indirect subsidiaries (the "Debtors") commenced these bankruptcy cases by each filing a separate voluntary petition for relief under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Virginia. 2 On August 5, 2015, the Court entered an order authorizing the joint...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Before the Court are two objections to the exemption claimed by Debtor John Herbert Foster, Jr. The Debtor filed a petition initiating this chapter 13 case on July 20, 2015. Along with the petition, he filed schedules as well as the required statement of financial affairs and statement of monthly income and calculation of commitment period. The Debtor amended his schedules on November 23, 2015. On line 10 of Amended...
