MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the Objection of George I. Vogel, II, Chapter 7 Trustee (the "Trustee") to the Claim of Exemptions of the Debtor, Dawn A. Pierce (the "Debtor"). On November 23, 2015, a hearing was held on the Trustee's Objection, where the Trustee objected to the Debtor's claim of exemptions with respect to certain accounts receivable under Virginia Code 34-26(7) as tools of the Debtor's trade, and under Virginia...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the Motion to Pay Notice of Postpetition Mortgage Fees, Expenses, and Charges (the "Motion") filed by the Chapter 13 Trustee, Christopher T. Micale (the "Chapter 13 Trustee"), in nine (9) separate Chapter 13 cases (collectively, the "Motions"), including the above-referenced matter. A Trial Brief in support of the Motions was filed on behalf of the Chapter 13 Trustee on November 20, 2015. A hearing...
MEMORANDUM OPINION REBECCA B. CONNELLY , Bankruptcy Judge . Before the Court are the defendant's motion to dismiss the plaintiff's second amended complaint in this adversary proceeding pursuant to Rule 12(b)(6) 1 , and the plaintiff's response in opposition. ECF Doc. Nos. 25, 26. The Court held a hearing on the above matters on November 18, 2015, when counsel for the defendant, Nancy Marie Mojica ("Mojica"), and the plaintiff, James Gardner Dennis ("Dennis"), presented arguments in support...
OPINION AND ORDER GRANTING DENIAL OF DISCHARGE PAUL M. BLACK , Bankruptcy Judge . The Debtor, pro se , filed a voluntary petition under Chapter 13 of the Bankruptcy Code in this Court on July 23, 2014. On May 29, 2015, the Chapter 13 Trustee ("Trustee") filed a Motion to Convert Case to Chapter 7 ("Motion to Convert") pursuant to 11 U.S.C. 1307(c), alleging, inter alia , that the Debtor could not continue in Chapter 13, in part, because the Debtor was sentenced to twenty-seven (27)...
MEMORANDUM OPINION Rebecca B. Connelly , United States Bankruptcy Judge Before this Court are the separate complaints by Branch Banking & Trust Co. ("BB & T") and the United States Trustee ("UST," and jointly with BB & T, the "Plaintiffs") to deny Edward Brian Evans's discharge. In particular, BB & T seeks under 11 U.S.C. 523(a)(2)(B) to except from discharge the debt Mr. Evans owes it and in addition seeks under 11 U.S.C. 727(a)(2)(B), (a)(4)(A), and (a)(5) to deny Mr. Evans's...
MEMORANDUM OPINION Rebecca B. Connelly , United States Bankruptcy Judge . This case concerns "special circumstance" deductions under 11 U.S.C. 707(b)(2)(B). The United States Trustee moves to dismiss this chapter 7 case as presumptively abusive according to 11 U.S.C. 707(b)(2). As an alternative, the United States Trustee asserts that the debtors' ability to pay along with the totality of the circumstances render the issuance of a chapter 7 discharge to these debtors an abuse...
SUPPLEMENTAL OPINION CLARIFYING BANKRUPTCY COURT'S PRIOR OPINION Rebecca B. Connelly , U.S. Bankruptcy Judge . The matter before the Court comes on the District Court's remand for clarification of the memorandum decision this Court published on January 28, 2014. 1 In that opinion, this Court granted the defendant's motion for partial judgment on the pleadings, because the Court found that after the plaintiff rested her case, she had failed to meet her burden of proving by a preponderance...
Chapter 7 MEMORANDUM OPINION Rebecca B. Connelly , United States Bankruptcy Judge . Before the Court is Cincinnati Insurance Company's ("Cincinnati Insurance") renewed motion for summary judgment, seeking a determination that a debt owed to it by Michael D. Chidester is non-dischargeable as arising from Mr. Chidester's defalcation. As more fully set forth below, the Court grants Cincinnati Insurance's motion for summary judgment. FACTUAL AND PROCEDURAL HISTORY On November 13, 2013, the...
