MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . The Court must decide in this adversary proceeding whether subchapter S corporation status ("S corporation status") under Title 26 of the United States Code (the "Tax Code") 1 is considered "property" for the purposes of 11 U.S.C. 544(b), 548. A hearing on that issue was held on November 30, 2017 (the "Hearing"), at which time the Court took the matter under advisement. For the reasons set forth below, the...
MEMORANDUM OPINION AND ORDER Keith L. Phillips , United States Bankruptcy Judge . This case is before the Court on remand from the United States District Court for the Eastern District of Virginia, which has instructed this Court to consider the issue of sovereign immunity as it applies to the United States. Specifically, the District Court has requested that this Court address the question of whether Matthew A. Copley and Jolinda M. Copley (the "Debtors"), in seeking a tax refund from...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court in this adversary proceeding are thirteen motions 1 filed by various individual Defendants and groups of Defendants seeking to dismiss (the "Motions to Dismiss") the Complaint (the "Complaint") 2 of Richard Arrowsmith in his capacity as Liquidating Trustee of the HDL Liquidating Trust (the "Liquidating Trustee"). 3 The Motions to Dismiss are brought pursuant to Rules 7008, 7009, 7012, and 7041 of the Federal Rules...
MEMORANDUM OPINION Brian F. Kenney , United States Bankruptcy Judge . The Court has before it competing Motions for Summary Judgment. The Trustee's Motion is found at Docket No. 10. The Defendant's Motion is found at Docket No. 12. The Trustee filed an Opposition to the Defendant's Motion. Docket No. 14. The Defendant filed an Opposition to the Trustee's Motion. Docket No. 15. For the reasons stated below, the Court will grant the Trustee's Motion and will deny the Defendant's Motion....
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge. The chapter 13 trustee (the "Trustee") has objected to confirmation of the chapter 13 plan (the "Plan") filed by Debtor Marian Leah Baker (the "Debtor"). The Trustee's objection (the "Objection") claims that the Plan fails to provide that "all of the Debtor's projected disposable income... will be applied to make payments to unsecured creditors under the plan," as required by 1325(b)(1)(B) of the Bankruptcy Code,...
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, 2017. The Plaintiff's Complaint contained two Counts: Count I sought a declaration of non-dischargeability of certain legal fees and expenses incurred by the Plaintiff as a claimed Domestic Support Obligation ("DSO") under Bankruptcy Code Section 523(a)(5) (11 U.S.C. 523(a)(5)); and Count II, in which the Plaintiff objected to the Debtor's...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court in this contested matter is True Health Diagnostics, LLC's ("True Health") Motion to Enforce Release, Covenant Not to Sue and Sale Injunction ("Motion to Enforce"). The Motion to Enforce seeks entry of an order (a) enforcing a release and covenant not to sue contained in Sections 3.1 and 3.2 respectively of the Asset Purchase Agreement (the "APA") dated as of September 29, 2015; (b) enforcing an injunction in...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . THIS CASE came before the Court on the Rule to Show Cause issued April 20, 2017, ordering Craig E. Baumann ("Baumann") to appear and show cause (i) why he should not be held in contempt for a willful violation of the automatic stay of the Bankruptcy Code, 11 U.S.C. 362(a), and for a willful violation of the Court's discharge order and the injunction imposed by 11 U.S.C. 524, and (ii) why sanctions, including an...
MEMORANDUM OPINION KEITH L. PHILLIPS , Bankruptcy Judge . These three adversary proceedings involve similar claims for damages resulting from willful violations of the automatic stay by NC Financial Solutions of Utah, LLC, d/b/a NetCredit ("NetCredit" or the "Defendant"). The individual plaintiffs (individually, the "Plaintiff" and jointly, the "Plaintiffs") are seeking actual damages pursuant to 362(k)(1) of the Bankruptcy Code, 11 U.S.C. 362(k)(1), 1 including compensatory damages,...
MEMORANDUM OPINION BRIAN F. KENNEY , Bankruptcy Judge . This adversary proceeding came before the Court for a trial on the merits on May 15-25 and June 8, 2017. For the reasons stated below, the Court will grant judgment to the Defendant on the sole remaining Count in the Plaintiff's Second Amended Complaint, Count III (Legal Malpractice). 1 Findings of Fact The Court, having heard the evidence, makes the following findings of fact: 1. Global Computer Enterprises, Inc. ("GCE") was a...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Before the Court is the motion filed on behalf of Defendant Penn Virginia Corporation and its reorganized debtor affiliates (the "Reorganized Debtors") 1 to dismiss the complaint filed by Plaintiff Roman J. Koropey. 2 A hearing on the motion (the "Motion" or the "Motion to Dismiss") was held on April 5, 2017, at which the Court heard the argument of the parties and took the matter under advisement. Having considered...
ORDER BRIAN F. KENNEY , Bankruptcy Judge . This matter came before the Court on Sara Odom's Objections to the Debtor's Third Amended Chapter 13 Plan. Docket Nos. 78 (Third Amended Plan), 147 (Objections). The Court has entered Findings of Fact and Conclusions of Law with respect to the Objections to the Debtor's Third Amended Chapter 13 Plan.. Docket No. 163. For the reasons stated in the Court's Findings of Fact and Conclusions of Law, it is ORDERED: 1. The Court overrules Ms. Odom's...
MEMORANDUM OPINION SUSTAINING OBJECTIONS TO DEBTOR'S THIRD AMENDED CHAPTER 13 PLAN AND DISMISSING DEBTOR'S CHAPTER 13 CASE SUA SPONTE Brian F. Kenney , United States Bankruptcy Judge . This matter is before the Court on Sara Odom's Objections to the Debtor's Third Amended Chapter 13 Plan (for purposes hereof, "the Plan"). Docket Nos. 78 (Third Amended Plan), 147 (Objections). The Court heard the evidence of the parties on February 10, 2017. For the reasons stated below, the Court will...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the Court is the Motion for Relief From the Automatic Stay and Co-debtor Stay Under 11 U.S.C. 1301(c)(3) (the "Motion") filed by U.S. Bank Trust National Association, as Trustee of the PRP II Pals Investments Trust (the "Movant"). On March 22, 2017, the Court held a hearing (the "Hearing") on the Motion. At the conclusion of the Hearing, the Court announced that it would grant the Motion. An order granting relief from...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE Before the Court in this adversary proceeding is a motion to dismiss filed by Lemberg Law, LLC ("Lemberg Law") and the Consumers 1 (collectively, the "Defendants") under Bankruptcy Rule 7012 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rule(s)"), which incorporates Civil Rule 12(b)(6) of the Federal Rules of Civil Procedure (the "Civil Rule(s)"), for to failure to state a claim upon which relief can...
MEMORANDUM OPINION KEITH L. PHILLIPS , Bankruptcy Judge . This matter comes before the Court on the motion of Alton Anthony Kelley (the "Debtor" or "Defendant") to dismiss this adversary proceeding (the "Motion"). The Debtor asserts that the Complaint must be dismissed because it was filed after expiration of the applicable deadline. A hearing on the Motion was held on January 11, 2017. I. Jurisdiction The Court has jurisdiction pursuant to 28 U.S.C. 1334(b) and 157(a). This is a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Brian F. Kenney , United States Bankruptcy Judge . This matter is before the Court on the Defendants' Motion to Dismiss the Plaintiff's Amended Complaint pursuant to Bankruptcy Rule 7012 (incorporating Fed. R. Civ. Pro. 12(b)(6)). Docket No. 14. The Plaintiff filed an Opposition to the Motion. Docket No. 16. The Plaintiff also filed a Supplemental Opposition in which he agreed to dismiss Count XIII of the Amended Complaint. Docket No. 17. The Court...
MEMORANDUM OPINION Brian F. Kenney , United States Bankruptcy Judge . This Memorandum Opinion is issued in support of the Order Granting the Chapter 11 Trustee's Motion for Entry of Order: (A) Approving Sale of Assets Free and Clear of Liens, Claims, and Encumbrances; (B) Approving Assumption and Assignment of Executory Contracts, (C) Approving Settlement of Claims; and (D) Prohibiting Assertion of Estate Claims, entered on December 21, 2016. Docket No. 188. The Trustee's Motion is at...
