MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Robert L. Johns, the Chapter 7 trustee (the "Trustee") for the bankruptcy estate of Susan Rochelle Gregory (the `Debtor"), seeks to employ John J. Mize and the Mize Law Firm, PLLC (collectively, "Mize"), under 11 U.S.C. 327(c), to represent him as special counsel in litigating various insurance claims, and a possible legal malpractice claim, that became property of the Debtor's bankruptcy estate when she filed her November 30,...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is Defendant Randy Michael Brodnik's ("Brodnik") Motion to Amend Discovery Responses, filed on July 23, 2019 [Dckt. 15]. Plaintiff Cori Ann Post ("Post") filed a Response and Objection to Defendant's Motion to Amend Discovery Responses on July 25, 2019 [Dckt. 17]. On October 2, 2019, Brodnik filed a Reply and, on October 8, 2019, Post filed a surreply [Dckt. 35, 36]. Brodnik seeks to amend his previously unfiled...
ORDER FRANK W. VOLK , Bankruptcy Judge . This matter is before the Court on limited remand from the district court [Dckt. 120] for correction of the concluding paragraph of this Court's May 20, 2018 Memorandum Opinion and Order [Dckt. 75]. In accordance with this Court's intended ruling of May 20, 2018, and the district court's limited remand, this Court ORDERS that the name "Keck," appearing on page 8 of the Memorandum Opinion and Order [Dckt. 75 at 8], be, and hereby is, STRICKEN...
MEMORANDUM OPINION AND ORDER Frank W. Volk , Chief Judge . Pending are Motions by Stollings Trucking Company, Inc. ("Stollings"), the Internal Revenue Service ("IRS"), and the West Virginia State Tax Department ("WVSTD") for Summary Judgment [AP Dckt. 1 37, 42, 44]. In this adversary proceeding, Stollings seeks to surcharge legal and professional expenses associated with its transfer of certain mining permits against the IRS and the WVSTD (jointly, "the Taxing Authorities"). This is a...
MEMORANDUM OPINION AND ORDER DISMISSING CASE AND BARRING DEBTOR FROM REFILING FOR A PERIOD OF TWO YEARS FRANK W. VOLK , Bankruptcy Judge . Pending is the United States Trustee's Motion to Dismiss Case for Debtor Tracy Nicole Rose's failures (1) to move for a waiver of credit counseling for exigent circumstances, and (2) to appear for a scheduled meeting with creditors. [Dckt. 15] The Court heard arguments on May 24, 2019. The matters are ready for adjudication. I. Ms. Rose has filed...
JUDGMENT ORDER FRANK W. VOLK , Chief Bankruptcy Judge . In accordance with the Memorandum Opinion and Order (Document 19) entered in the above-styled matter, the Court ORDERS that judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of $6,086.00, and that this case be DISMISSED and STRICKEN from the docket. The Court DIRECTS the Clerk to send a certified copy of this Judgment Order to counsel of record.
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the Motion for Summary Judgment filed by the United States Department of Housing and Urban Development ("HUD") on November 2, 2018 [dckt. 9]. The Woods submitted their Response on November 13, 2018 [dckt. 13], and HUD replied on November 23, 2018. This matter is ready for adjudication. I. A. Factual Background The facts are uncontested. On September 9, 2008, Mr. Wood borrowed $39,739.44 to purchase a modular/...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending are the following matters: (1) Application for Administrative Expenses by Patrick S. Cassidy, Thomas M. Cunninghamn, and Martin P. Sheehan (the "Application") [dckt. 1037]; (2) Motion to Compromise or Approve Settlement filed by Trustee Thomas H. Fluharty (the "Fluharty Motion to Compromise") [dckt. 1212]; (3) Motion filed by Denise Johnson to Treat Trustee's Motion to Compromise as a Sale Motion Under 11 U.S.C. 363...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS FRANK W. VOLK , Bankruptcy Judge . Pending is Defendant Credit Acceptance Corporation's Motion to Dismiss Adversary Proceeding, filed December 31, 2018 [Dckt. 9]. Plaintiff Lisa Dawn Curtiss filed her Response on January 31, 2019 [Dckt. 14]. Credit Acceptance Corporation filed its Reply on February 6, 2019 [Dckt. 15]. This matter is ready for adjudication. I. On October 1, 2018, Plaintiff Lisa Curtiss initiated this proceeding with...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS FRANK W. VOLK , Bankruptcy Judge . Pending are two Motions to Dismiss filed by the Defendants. The first is the Andersons' Motion to Dismiss Adversary Proceeding (the "Motion to Dismiss") [Dckt. 4], and the second is Stephanie Ann Anderson's Motion to Dismiss (the "SAA Motion to Dismiss") [Dckt. 5]. Both motions were filed on January 4, 2019. Plaintiff Tammy Brown submitted her Responses to both of the Motions to Dismiss...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Pending before the court are cross motions for summary judgment. Robert L. Johns, the Chapter 7 trustee administering the bankruptcy estate of Rock Branch Mechanical, Inc. (the "Debtor"), seeks to avoid a security interest recorded by Western Surety Company on certain personal property of the Debtor or the proceeds therefrom. 1 Western Surety opposes the trustee's motion and seeks summary judgment in its own right. It asserts,...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT FRANK W. VOLK , Bankruptcy Chief Judge . Pending is the Defendants' Motion for Summary Judgment [dckt. 10], filed on September 12, 2018. 1 The Plaintiff, 21st Mortgage Corporation ("21st Mortgage") filed a Response on September 27, 2018 [dckt. 12], and the Hartleys replied on October 3, 2018 [dckt. 14]. The matter is ready for adjudication. I. A. Facts and Procedural History Jeffrey and Tonya Hartley filed a Chapter 7...
MEMORANDUM OPINION AND ORDER DENYING MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT FRANK W. VOLK , Bankruptcy Judge . Pending is the Motion for Summary Judgment, filed by Plaintiff Chapter 7 Trustee Robert L. Johns, on February 3, 2018 [dckt. 31]. Defendant Ricketts Trust filed its Response on February 16, 2018 [dckt. 35], and Mr. Johns submitted his Reply on February 23, 2018 [dckt. 39]. Also pending is the Motion to Dismiss Adversary Proceeding filed by Ricketts Trust on February 21,...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . On March 6, 2018, the Court granted summary judgment to Plaintiff Annette Lee Good against Defendant Apryll H. Boggs on Counts One, Two and Three of the Complaint [Dckt. 82]. Now, the Court further ORDERS that default be, and hereby is, entered against the co-Defendant, Attorney Client Services, aka, Law Office of Ronald M. Organ, Esq. ("Law Firm"), inasmuch as it has never appeared in this action. On April 4, 2018, the...
MEMORANDUM OPINON AND ORDER REGARDING RECONVERSION TO CHAPTER 13 FRANK W. VOLK , Bankruptcy Judge . This matter is on remand following the September 5, 2017, appellate judgment of the United States District Court. The District Court reversed the predecessor bankruptcy judge's order denying the Debtors, Richard Eichert and Mary Ann Hardison's, motion to reconsider conversion, or in the alternative, to reconvert to Chapter 13. The case was remanded for further proceedings concerning whether...
MEMORANDUM OPINION AND ORDER RESPECTING TRANSFER OF VENUE FRANK W. VOLK , Chief Bankruptcy Judge . Pending are Defendants' Motion to Transfer Venue [Dckt. No. 10], Plaintiffs' Motion to Remand [Dckt. No. 12], and Plaintiffs' Motion to Voluntarily Dismiss Blackhawk Mining [Dckt. No. 11]. 1 I. On May 12, 2015, Patriot Coal Corporation and other affiliate companies petitioned for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District...
MEMORANDUM OPINION AND ORDER BARRING DEBTORS FROM REFILING FOR A PERIOD OF 180 DAYS FRANK W. VOLK , Bankruptcy Judge . Pending is the United States Trustee's motion (doc. 23) to bar the Debtors from re-filing a future bankruptcy case for 180 days. Mr. and Mrs. Shuff filed this Chapter 7 case on February 1, 2018. They (1) failed to attend any scheduled 341 meeting of creditors, (2) did not file required documents (including credit counseling certificates, schedules, the statement of...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the Motion to Dismiss Adversary Proceeding by Vanderbilt Mortgage and Finance, Inc. ("Vanderbilt") [AP Dckt 3]. This adversary proceeding was initiated by converting an objection to proof of claim by the Debtors, Cameron and Sheila Riffe ("Riffes"), into an adversary proceeding complaint [AP Dckt 1]. The Riffes objected to Vanderbilt's Claim Number 7 [Main Case Dckt 16]. Vanderbilt filed a Response to the...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is creditor Wilmington National Trust, N.A.'s ("Wilmington") Motion to Dismiss Case Pursuant to Section 1112(b) of the Bankruptcy Code [dckt. 27], filed on February 27, 2018. Jade Investments, LLC ("Jade") responded to the Motion to Dismiss on March 7, 2018 [dckt. 35]. The Court held a preliminary hearing on the Motion to Dismiss on March 28, 2018 and continued that hearing to a final evidentiary proceeding, which...
MEMORANDUM OPINION AND ORDER JUDGE FRANK W. VOLK . Pending is the above-listed Joint Debtors' Motion to Authorize Disbursement of Net Sale Proceeds ("Motion to Authorize") [Dckt. 152], along with a Joint Objection by MediaNews Group, Inc. and Charleston Publishing Company ("Joint Objection") [Dckt. 170]. The Court heard the matter in the afternoon on Wednesday, March 28, 2018. Inasmuch as the Joint Objection had been filed the day prior to the hearing on the Motion to Authorize, the...
