MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Suncoast Credit Union seeks the dismissal of Counts II, III, and V of the complaint filed against it by Ross E. Nagot (the "Debtor") and Martin P. Sheehan, the Chapter 7 trustee administering Mr. Nagot's bankruptcy estate. Specifically, Suncoast contends that the Plaintiffs failed to adequately plead facts supporting their contention that Suncoast violated the West Virginia Consumer Credit Protection Act ("WVCCPA") (Count II),...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Pending before the court is a dispute between the Debtors and their mortgagee, U.S. Bank, N.A., as Trustee for LSF8 Master Participation Trust ("U.S. Bank"), regarding the legal effect of the court's order confirming the Debtors' Chapter 13 plan. U.S. Bank asserts that the Debtors have a post-petition delinquency on their mortgage totaling $12,166.27. The Debtors and the Chapter 13 trustee contend that the Debtors are current on...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Ford Motor Credit Co., LLC ("Ford Credit"), seeks the dismissal of the complaint filed against it by Sean C. Coots. It contends that the court should dismiss Mr. Coots five-count complaint because he fails to state a cause of action upon which the court can grant relief. The Mr. Coots asserts that each count of his complaint states a cause of action upon which the court can grant relief. For the reasons stated here, the court...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . U.S. Bank, National Association, as Trustee for the benefit of the holders of COMM 2013-CCRE12 Commercial Mortgage Pass-Through Certificates ("U.S. Bank"), Wells Fargo Commercial Mortgage Servicing, ("Wells Fargo"), and COMM 2013 CCRE12 Crossings Mall Road, LLC, ("COMM2013") (collectively, the "Movants"), seek the dismissal of the Third-Party Complaint and Second Amended Counterclaim filed against them by Tara Retail Group, LLC (...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . Pending before the court are motions to dismiss the three above-captioned adversary proceedings filed against U.S. Bank, N.A., as Trustee for the benefit of COMM 2013-CCRE12 Mortgage Trust Commercial Mortgage Pass-Through Certificates ("U.S. Bank") and Wells Fargo Bank, N.A. ("Wells Fargo"). U.S. Bank and Wells Fargo (collectively, the "Defendants") seek the dismissal of the adversary proceedings based upon their...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . The Debtor objects to the amended proof of claim for $2,089,773.28 filed by Premier Bank. 1 Specifically, the Debtor seeks the disallowance of a portion of Premier's claim for post-petition attorney fees. Premier contends that the court should overrule the Debtor's objection because its fees were reasonable and necessary to protect its interests in the case. In fact, Premier contends that its participation in this case benefited...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Pending before the court is the Chapter 7 trustee's motion to dismiss based upon the Debtors' alleged failure to cooperate with him. According to the trustee, the court should dismiss the Debtors bankruptcy case under 521(e)(2) of the Bankruptcy Code because they failed to provide him with a copy of the federal income tax return for the most recent tax year (2017) before the petition date. The Debtors oppose the trustee's motion...
