MEMORANDUM OPINION Rebecca B. Connelly , UNITED STATES BANKRUPTCY JUDGE . The Court now faces round two of the dispositive motions to dismiss or dispose of this adversary proceeding. In round one, the defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), moved to dismiss the complaint under Rule 12(b)(6) for failure to state an actionable claim. The Court denied the motion to dismiss Count I but granted the motion to dismiss Count II with leave to amend the...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . The matter before the Court is the objection of the Chapter 7 Trustee, Scot S. Farthing (the "Trustee"), to an exemption claimed by the Debtors, David Malcolm Jackson and Alicia Gail Jackson (the "Debtors"). The Trustee's objection challenges the Debtors' attempt to reduce the amount of exemptions claimed on a prior recorded homestead deed and use the resulting excess exemption amount in an attempt to exempt funds held in a Wells Fargo...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter came before the Court upon the Objection to Order Staying Levy or Garnishment ("Objection") filed by Barbara L. Gaudet ("Gaudet"), a creditor of the Debtor, James D. Underwood (the "Debtor"), seeking turnover of $1,431.08 held in the Debtor's Branch Banking and Trust Company ("BB&T") accounts pursuant to Gaudet's garnishment that arose before the Debtor's petition was filed. Counsel for the Debtor and the Chapter 13 Trustee...
AMENDED MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the objections of the Debtors, Calvin Douglas and Deborah Oliver Napier (the "Debtors"), by counsel, to four proofs of claim filed by Portfolio Recovery Associates, LLC, through its limited attorney in fact PRA Receivables Management, LLC (unless otherwise identified, collectively "PRA"). The Court denied the claim objections in open Court on May 15, 2018. The reasons for the Court's prior...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the objections of the Debtors, Calvin Douglas and Deborah Oliver Napier (the "Debtors"), by counsel, to four proofs of claim filed by Portfolio Recovery Associates, LLC, through its limited attorney in fact PRA Receivables Management, LLC (unless otherwise identified, collectively "PRA"). The Court denied the claim objections in open Court on May 15, 2018. The reasons for the Court's prior oral...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Gary Bronson Fraley ("Mr. Fraley") and Lesia Laverne Fraley ("Mrs. Fraley" and together with Mr. Fraley, the "Debtors") filed a joint voluntary petition for relief under Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") on January 18, 2017. Scot S. Farthing is the duly appointed and currently acting trustee for the Chapter 7 bankruptcy estate (the "Trustee"). The Trustee timely commenced this adversary proceeding...
MEMORANDUM OPINION ECF Doc. No. 16. REBECCA B. CONNELLY , Bankruptcy Judge . This case concerns what happens to a debtor's property when she files a chapter 7 bankruptcy case. Ayse Hoole filed chapter 7 bankruptcy. Stephen Scott is her chapter 7 trustee. Mr. Scott is represented by counsel, Hannah W. Hutman, who filed a motion 1 to determine the nature and extent of the estate's interest in property. The debtor, by counsel, responded to the motion asserting that the estate has a nominal...
MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . The matter before the Court is the Joint Motion for Authority to Compromise and Settle a Dispute and to Sell Certain Property of the Estate (the "Motion"). 1 The Motion was filed by William E. Callahan, Jr., Trustee in each of the above referenced bankruptcy cases (the "Trustee"); Pinnacle Bank ("Pinnacle"), successor to Bank of North Carolina ("BNC") and to Valley Bank; and Moss & Rocovich, Attorneys-at-Law, P.C. (the "...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on Complaints filed by the United States Trustee for Region Four ("UST") against Darren T. Delafield, John C. Morgan, Jr., Upright Law, LLC ("Upright"), Law Solutions Chicago, LLC, Jason Royce Allen, Kevin W. Chern, Edmund Scanlan, and Sperro, LLC on May 31, 2016 and June 30, 2016. Separate adversary proceedings were filed in the bankruptcy cases of Timothy and Andrian Williams, filed by Darren...
