MEMORANDUM OPINION AND ORDER APPROVING DEBTOR'S REAFFIRMATION AGREEMENT WITH WEST VIRGINIA CENTRAL CREDIT UNION FRANK W. VOLK , Bankruptcy Judge . On December 1, 2016, Debtor Lorraine Marie Nichols appeared through counsel for a hearing on two proposed reaffirmation agreements with West Virginia Central Credit Union (Docket No. 14 and 15). The Court expressed its inclination to approve Ms. Nichols' reaffirmation, contingent upon her knowing and voluntary decision to do so, along with an...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion for summary judgment [Doc. 56] filed by Janet Smith Holbrook, in her capacity as the successor Chapter 7 Trustee to H. Lynden Graham, Jr., and the Defendants', Sharon L. Hanson, Walter D. Hanson, and Chris A. Hanson, motion to dismiss or, in the alternative, for summary judgment [Doc. 65]. Respecting the motion to dismiss, the Hansons contend this case is susceptible to a peremptory dismissal for...
MEMORANDUM OPINION AND ORDER AND ACCOMPANYING FINDINGS OF FACT AND CONCLUSIONS OF LAW ADJUDICATING DEBTOR'S AMENDED OBJECTION TO PROOF OF CLAIM NUMBER 3 FRANK W. VOLK , Bankruptcy Judge . Pending is the Debtor David Milan Haught's Amended Objection [Dckt. 47] to Proof of Claim # 3 filed by Appalachian Carpet Cleaners Inc. On November 10, 2016, the Court convened an evidentiary hearing on the objection. The Court now enters is findings of fact and conclusions of law. I. The Court makes...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Before the Court is the Debtors' Motion for Hardship Discharge (doc. 430), and the Chapter 13 Trustee's Response Thereto (doc. 431), along with the Chapter 13 Trustee's Motion to Dismiss Case (doc. 427). After hearing the Motions on October 5, 2016, the Court took the matters under advisement. I. On October 13, 2005, the Musgraves filed their Chapter 13 Petition, and their Chapter 13 Plan was confirmed on October 14, 2011....
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . The Debtor, Carla Ann Lynch, currently has two (2) open bankruptcy cases in the Southern District of West Virginia. The first, a Chapter 7 case, was filed on January 7, 2014. The Chapter 7 Trustee, Robert L. Johns, filed his Report of No Distribution on June 25, 2015, but Ms. Lynch has not yet been granted a discharge and the case has not been closed. The second, filed on November 3, 2016, is a Chapter 13 case, and was filed...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . The Debtor, Carla Ann Lynch, currently has two (2) open bankruptcy cases in the Southern District of West Virginia. The first, a Chapter 7 case, was filed on January 7, 2014. The Chapter 7 Trustee, Robert L. Johns, filed his Report of No Distribution on June 25, 2015, but Ms. Lynch has not yet been granted a discharge and the case has not been closed. The second, filed on November 3, 2016, is a Chapter 13 case, and was filed...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS FRANK W. VOLK , Bankruptcy Judge . Pending is the motion to dismiss by Defendant Discover Bank ("Discover"). [Dckt. 6-7]. This is a noncore proceeding relating to a case under Title 11. The Court is vested with subject matter jurisdiction pursuant to 28 U.S.C. 157 and 28 U.S.C. 1334. I. The Stormes petitioned for relief under Chapter 13 on February 29, 2016. The petition states "in the last 180 days prior to filing...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Judge . Pending is the Plaintiff's Motion for Summary Judgment (the "Motion") [Dckt. No. 9]. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I). The Court has jurisdiction pursuant to 28 U.S.C. 157 and 28 U.S.C. 1334. I. On December 6, 2010, Plaintiff Lance David Pauley instituted an action with his Complaint (the "Complaint") against Defendant Darren Sydney Pauley and his mother, Lois A. Pauley in the Circuit Court of Cabell...
MEMORANDUM OPINION AND ORDER GRANTING MOTIONS TO WITHDRAW PROOFS OF CLAIM AND DENYING OBJECTIONS THERETO AS MOOT FRANK W. VOLK , Bankruptcy Judge . Pending are the following motions: (1) Creditors Ira and Mavis Horne's (together, the "Hornes") Motion to Withdraw Proofs of Claim Numbers 39 & 40 (doc. no. 489), Objection thereto by Debtor James F. Humphreys & Associates, L.C. (the "Firm") (doc. nos. 508 and 517), the Response by the Hornes (doc. no. 570), and the Reply by the Firm (doc. no....
ORDER OUTLINING BRIEFING SCHEDULE FRANK W. VOLK , Bankruptcy Judge . This matter having come before the Court upon Objection by Debtors [Dckt. 254] to Claim Number #008 by the Internal Revenue Service (the "Service") for pre-petition and post-petition interest accrued on trust fund taxes, the Service's response thereto [Dckt. 257] and Debtors' argument in support of the request to estop the Service from collection [Dck. 264]. The matter came before the court on October 19, 2016. The court...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion by Defendant Selene Finance, LP, ("Selene") to dismiss this action ("Motion") [Dckt. 63]. 1 The Plaintiffs, Philip and Jill Rogers, initiated this adversary proceeding seeking a declaration that Selene violated federal law by harassing the Rogers. Additionally, the Rogers seek relief under 11 U.S.C. 105, petitioning the Court to cancel their indebtedness to Selene along with "other fines and damages"...
ORDER VALUING 2007 FLEETWOOD DOUBLEWIDE MOBILE HOME, LOCATED AT 366 WEALTHY ACRES ROAD, DRYBRANCH, WV 25601 FRANK W. VOLK , Bankruptcy Judge . This matter came before the Court on Confirmation of Debtors' Chapter 13 Plan (Doc. 4) (the "Plan") and the objection thereto by Vanderbilt Mortgage and Finance, Inc. (Doc. 27) (the "Objection"). Within the Plan was a Motion to Value Secured Property (the "Motion to Value"). The Court held a hearing on the Plan and Motion to Value on June 22, 2016,...
MEMORANDUM OPINION AND ORDER RESPECTING DEFENDANTS' MOTION TO DISMISS AND THE MOTION BY JAMES F. HUMPHREYS AND ASSOCIATES, LC, TO EXTEND THE AUTOMATIC STAY TO JAMES F. HUMPHREYS OR, IN THE ALTERNATIVE, FOR A PRELIMINARY INJUNCTION AGAINST THE DEFENDANTS Frank W. Volk , Chief Judge . Pending are the Defendants' motion to dismiss [Dckt. 18] and the renewed motion by James F. Humphreys and Associates, LC (the "Firm") to extend the automatic stay to James F. Humphreys ("Mr. Humphreys") or, in...
MEMORANDUM OPINION AND ORDER RESPECTING MOTIONS BY JAMES F. HUMPHREYS AND JAMES F. HUMPHREYS AND ASSOCIATES, LC, FOR STAY PENDING APPEAL, AND MOTION BY CREDITOR LIBERTY INSURANCE UNDERWRITERS, INC. TO AMEND OR ALTER Frank W. Volk , Chief Judge , United States Bankruptcy Court, Souther District of West Virginia Pending are the motions (1) by James F. Humphreys ("Mr. Humphreys") and James F. Humphreys and Associates, LC (the "Firm") 1 for stay pending appeal of the July 15, 2016,...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO AMEND AND DENYING PARTIAL MOTION TO DISMISS WITHOUT PREJUDICE FRANK W. VOLK , Bankruptcy Judge . Pending is the partial motion to dismiss filed by Defendant Wells Fargo Bank, N.A. [Dckt. 8] and Plaintiff Stacie Doss' motion to amend the complaint [Dckt. 11]. The motion to dismiss was filed on September 2, 2016. The motion to amend was filed September 16, 2016. Federal Rule of Civil Procedure 15(a)(1)(B), made applicable by Federal Rule of...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COMPLAINT FILED OUT OF TIME FRANK W. VOLK , Chief Bankruptcy Judge . This matter is before the Court on Defendant Richard Michael Martin's Motion to Dismiss the Complaint Filed Out of Time (docket no. 5). Patricia L. Quinet initiated this adversary proceeding on March 21, 2016. She alleges that a debt owed to her by Mr. Martin should be declared non-dischargeable pursuant to 11 U.S.C 523(a)(4). Mr. Martin and his wife filed the underlying...
MEMORANDUM OPINION AND ORDER Frank W. Volk , Chief Judge , United States Bankruptcy Court, Southern District of West Virginia. Pending is the Partial Motion to Dismiss ("Motion to Dismiss") [Dckt. 6], filed April 4, 2016, by Defendant Universal Federal Credit Union ("Universal"). Universal seeks dismissal of Plaintiff Melissa Gail Adkins' claims for violations of (1) the West Virginia Consumer Credit and Protection Act ("WVCCPA"), and (2) 11 U.S.C. 524 of the Bankruptcy Code. This is a...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is Chapter 7 Trustee Thomas Fluharty, General Counsel Janet Holbrook, and Special Counsel Thomas Basile's Joint Motion to Compromise ("Joint Motion"). According to the Joint Motion, the Movants seek approval of a "Settlement with Respect to Motion of Special Counsel, Thomas F. Basile, to Alter or Amend Order Entered on October 7, 2015, to Amend Final Order of Distribution, and to Strike any Objections by David T....
MEMORANDUM OPINION AND ORDER VALUING 2006 DOUBLEWIDE MOBILE HOME AND THE FIVE ACRES OF PROPERTY ON WHICH IT IS SITUATED, LOCATED ON O'POSSUM CREEK ROAD, VICTOR, WV 25938 FRANK W. VOLK , Chief Bankruptcy Judge . This matter came before the Court on Confirmation of Debtors' Chapter 13 Plan (Doc. 12) (the "Plan") and the objection of Vanderbilt Mortgage and Finance, Inc. (Doc. 22) (the "Objection"). Within the Plan was a Motion to Value Secured Property (the "Motion to Value"). The Court...
