MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on an adversary proceeding filed by the Debtor, Samuel J. Boyd (the "Debtor"), against New Peoples Bank, Inc. (the "Bank") for violation of the discharge injunction. The Court found in its May 27, 2016 Memorandum Opinion and corresponding Order that the Bank violated the discharge injunction and set the matter for further hearing as to what sanctions, if any, may be appropriate. (Docket Nos....
MOTION FOR REVIEW OF ATTORNEY'S FEES AND CIVIL PENALTIES AGAINST DEBT RELIEF AGENCY MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . These matters came before the Court on multiple motions of the United States Trustee ("UST") seeking review of attorneys' fees that current or prospective debtors in the Western District of Virginia paid to the self-described "national law firm," Prince Law LLC ("Prince Law") 1 and the imposition of civil penalties against the firm. In addition, the...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the Chapter 7 Trustee's ("Trustee's") Motion Regarding Surplus Funds ("Trustee's Motion") and the Debtor's Motion to Quash Trustee's Motion Regarding Surplus Funds and for Trustee to Abandon and Release to Debtor Funds Held by Trustee ("Debtor's Motion"). The Court held a hearing on these motions on September 19, 2016, at which time the parties were directed to submit briefs on the issues presented....
MEMORANDUM DECISION Rebecca B. Connelly , United States Bankruptcy Judge . Before the Court is a motion by JPMorgan Chase Bank, N.A. ("Chase") asking the Court to refer the remaining two counts of its state court complaint against the debtors, Dale and Rebecca Hall ("Halls"), to the Augusta County Circuit Court ("motion to refer"). ECF Doc. No. 80. The Halls filed a response opposing Chase's motion to refer ("response"). ECF Doc. No. 81. Two other matters pending before the Court are now...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter is before the Court on a modified plan dated April 12, 2016 filed by the Debtor, Ema Dan Wilburn, III (the "Debtor"), and the Chapter 13 Trustee's Objection thereto. The facts in this case are not in dispute. The Debtor filed his petition for relief under Chapter 13 of the Bankruptcy Code, 11 U.S.C. 1301 et seq., on January 8, 2014. After proposing several Chapter 13 plans, the Debtor filed a Third Modified Plan on May 16,...
MEMORANDUM OPINION PAUL M. BLEACH , Bankruptcy Judge . This matter is before the Court on an adversary proceeding complaint filed by the Debtor, Samuel J. Boyd (the "Debtor"), against New Peoples Bank, Inc. (the "Bank") for violation of the discharge injunction. The Bank subsequently filed a Motion to Dismiss the Complaint and brief in support thereof, and an Answer to the Complaint. The Debtor later filed a "Motion for Judgment on Issue of Liability." 1 The parties subsequently filed...
MEMORANDUM OPINION Motion for Review of Attorney's Fees (Docket No. 9) Order to Appear and Show Cause (Docket No. 20) Motion for Review of Attorney's Fees (Docket No. 17) Order to Appear and Show Cause (Docket No. 33) PAUL M. BLACK , Bankruptcy Judge . This matter came before the Court on a show cause hearing held on April 22, 2016 (the "Show Cause Hearing"), following entry of the Court's Order to Show Cause for Sanctions Against Prince Law, LLC; Brent Barbour, Esq.; Jason Edward...
MEMORANDUM OPINION Objection to Claim No. 7 (Docket No. 63) PAUL M. BLACK , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on the Debtor's Objection to Claim No. 7 of Tracy Lynne Proffitt ("Ms. Proffitt") in the amount of $22,112.00 (the "Claim Objection") and Ms. Proffitt's Response thereto. On April 1, the Court held a hearing on the Claim Objection. The Debtor; counsel for the Debtor; Ms. Proffitt; counsel for Ms. Proffitt; the Trustee; and Ms. Proffitt's divorce...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the Motion for Authority to Sell Real Estate (the "Sale Motion") filed by the Debtor, Todd Anthony Webber (the "Debtor" or "Movant"), on March 4, 2016 and the respective responses and/or objections of JPMorgan Chase Bank, National Association, Canterbury on the Lake Property Owners Association, LTD (the "POA"), and Branch Banking and Trust Company ("BB&T") filed on March 18, 2016. The property...
Motion to Hold Bank of the West in Contempt MEMORANDUM OPINION AND ORDER PAUL M. BLACK , UNITED STATES BANKRUPTCY JUDGE . The Debtors, David J. Morgan and Tammy M. Morgan (the "Debtors"), filed a Motion to Hold Bank of the West in Contempt for violating the automatic stay and co-debtor stay of 11 U.S.C. 362 (the "Contempt Motion"). On January 13, 2016, the Court held an evidentiary hearing on the Contempt Motion, at which neither Bank of the West nor counsel for Bank of the West...
ECF Doc. Nos. 17, 19 MEMORANDUM DECISION Rebecca B. Connelly , U.S. Bankruptcy Judge . The question in this case is whether Ford Motor Credit Company LLC ("Ford") may enforce an ipso facto clause to repossess a vehicle when there is no payment or other contractual default and the bankruptcy court did not review a reaffirmation agreement prior to the debtor's discharge. For the reasons explained herein, the Court concludes that the ipso facto clause is unenforceable and Ford violated...
CORRECTED MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the motion of the Debtor, Lloyd Ray Robinson, Jr. ("Debtor"), to vacate this Court's dismissal order and reinstate his Chapter 13 case. For the reasons set forth below, the motion will be granted and the case reinstated on the Court's active docket. FACTUAL BACKGROUND The facts in this case are not in dispute. 1 At the time the Chapter 13 petition in this case was filed on December 2,...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the motion of the Debtor, Lloyd Ray Robinson, Jr. ("Debtor"), to vacate this Court's dismissal order and reinstate his Chapter 13 case. For the reasons set forth below, the motion will be granted and the case reinstated on the Court's active docket. FACTUAL BACKGROUND The facts in this case are not in dispute. 1 At the time the Chapter 13 petition in this case was filed on December 2, 2015, the...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the motion of the Debtor, Lloyd Ray Robinson, Jr. ("Debtor"), to vacate this Court's dismissal order and reinstate his Chapter 13 case. For the reasons set forth below, the motion will be granted and the case reinstated on the Court's active docket. FACTUAL BACKGROUND The facts in this case are not in dispute. 1 At the time the Chapter 13 petition in this case was filed on December 2, 2015, the...
