MEMORANDUM OPINION PAUL M. BLACK , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on cross-motions for summary judgment filed by the Debtors, Adam and Jessica Hurt ("Debtors"), and the United States Department of Housing and Urban Development ("HUD"). The Debtors filed an adversary proceeding pursuant to 11 U.S.C. 542(a) and 547(b) seeking to recover a federal tax refund the United States Department of the Treasury ("Treasury") setoff prepetition within ninety (...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Judy A. Robbins, the United States Trustee for Region Four (hereafter "the United States Trustee"), filed a Complaint against the above referenced Defendants (hereafter "Upright" or "the Upright Defendants") in two Adversary Proceedings 1 seeking the disgorgement of funds received by the Upright Defendants, cancellation of the debtors' retainer agreements with Upright Law and counsel, and enjoining the Upright debt relief agency...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . On August 16, 2017, the Debtor filed this Adversary Proceeding against five Defendants: the United States Department of Housing and Urban Development ("HUD"), Melinda S. Moore Housing, Inc. ("MSM"), Metropolitan Property Management, Inc. ("MPM"), Tammy Reed ("Reed"), and Joseph S. Moore ("Moore"). In her Complaint ("Complaint") the Debtor alleges six counts against HUD and the other named Defendants. The Debtor seeks "to determine the...
MEMORANDUM DECISION Rebecca B. Connelly , U.S. Bankruptcy Judge . Three consumer debtors filed complaints in this Court against Midland Funding, LLC, and Midland Credit Management, Inc. (collectively, "Midland"). Karen Thomas filed adversary proceeding 17-05010. Gary Brooks Jr. and Mary Gillespie-Brooks filed adversary proceeding 17-05009. The two complaints have been consolidated for administrative convenience. 1 The consumer debtors seek a class action (with other similarly situated...
MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on the objection filed by Christopher T. Micale, Chapter 13 Trustee (the "Trustee"), to exemptions claimed by the Debtors, Cecil L. Kern and Wanda Faye Kern (the "Debtors"). An evidentiary hearing was held November 14, 2017. The matter was fully briefed and is ripe for decision. This case presents the unique set of circumstances where the Debtors have claimed Virginia exemptions, but...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Brian Christopher Carr ("Debtor" or "Carr") filed a Chapter 7 bankruptcy case in this Court on November 14, 2016. The Debtor listed the Plaintiff herein, Clara J. Pence ("Pence"), as an unsecured creditor on Schedule E/F with a claim in the amount of $9,638.40 based on a civil judgment arising from a landlord-tenant dispute. According to the Warrant in Debt filed in the Floyd County, Virginia General District Court by Pence, a default...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This Adversary Proceeding was filed by the Debtor, Margaret Louise Larman ("Debtor"), against the United States Department of Housing and Urban Development ("HUD"), American Advisors Group ("AAG"), Reverse Mortgage Solutions, Inc. ("RMS"), Samuel I. White, P.C. ("SIW"), Finance of America Reverse, LLC ("FAR"), and the Chapter 13 Trustee. The facts of this case arise from a Home Equity Conversion Mortgage ("HECM"), or reverse mortgage,...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the Objection to the Debtors' Claim of Exemption (the "Objection") filed by the Chapter 13 Trustee (the "Trustee") and the Debtors' response thereto. The Court conducted a hearing on this matter on May 17, 2017, and directed the parties to submit simultaneous briefs on the issue presented. The parties did so on June 23, 2017, and the matter is ripe for resolution. For the reasons discussed below,...
MEMORANDUM OPINION Paul M. Black , United States Bankruptcy Judge . This matter comes before the Court on the Amended Chapter 12 Plan of Reorganization ("Amended Plan") of the Debtor, Terry Properties, LLC (the "Debtor"), and the objections thereto filed by Farm Credit of the Virginias, ACA ("Farm Credit"), Southern States Marion Cooperative, Inc. ("Southern States"), and the Chapter 12 Trustee (the "Trustee"). A trial was conducted on these matters on June 15-16, 2017. FACTUAL...
MEMORANDUM OPINION AMENDED MOTION FOR RELIEF OF AUTOMATIC STAY PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on a Notice of Objection to Claim and an Amended Motion for Relief of Automatic Stay ("Motion for Relief" or "Amended Motion") filed by Samantha Coward ("Coward") against the Debtors, Dennis Morton Hunley, III and Synthia Mae Hunley (the "Debtors"). These matters were heard on January 17, 2017, at which point the Court requested the parties submit briefs on...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on Cross-Motions for Summary Judgment filed by the Debtor, Terry Properties, LLC (the "Debtor"), and by Farm Credit of the Virginias, ACA ("Farm Credit"), in connection with a Complaint to avoid certain transfers by the Debtor to Farm Credit as fraudulent or voluntary conveyances pursuant to 11 U.S.C. 544 and 548 and Va. Code 55-80 and 55-81. The Debtor has also filed a Motion to Amend the...
