JUDGE FRANK W. VOLK . Pending is the Motion by the Debtors to Use Cash Collateral [Dckt. 21] ("cash collateral motion"). The Court held hearings on the cash collateral motion on September 28 and October 4, 2017, and requested further briefing. The United States Trustee's Office (the "UST") filed its brief [Dckt. 119], followed by the Debtors [Dckt. 121]. The Huntington National Bank ("HNB") filed its post-hearing brief [Dckt. 123] and then a follow-up brief [Dckt. 141]. Once formed, the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Frank W. Volk , Chief Judge United States Bankruptcy Court. Pending are (1) the Motion Filed by Creditor Welltower Inc. to Determine that the Automatic Stay Does Not Apply to Recovery of Possession or for Stay Relief ("stay relief motion") [Dckt. 73], (2) the Motion by Passage Healthcare Property, LLC, Passage Longwood Manor Operations, LLC, Passage Midland Meadows Operations, LLC, Passage Village of Laurel Run Operations, LLC, (collectively "...
MEMORANDUM OPINION AND ORDER Frank W. Volk , Chief Judge , United States Bankruptcy Court. Pending is Plaintiff Quality Car and Truck Leasing, Inc.'s Notice of Additional Issues for Adjudication [Dckt. 89] (the "Notice"). The Defendant, Bobby Keith Adkins, did not respond to the Notice. The additional issues for adjudication, however, were previously the subject of a dispositive motion by Quality Car and Truck Leasing, Inc., upon which Mr. Adkins was provided a Roseboro notice, to which...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO STRIKE AMENDED PROOF OF CLAIM FILED BY HUMPHREY, FARRINGTON & McCLAIN, P.C., (CLAIM NO. 48-2) FRANK W. VOLK , Bankruptcy Judge . Pending are the motions (1) to strike amended proof of claim of Humphrey, Farrington & McClain, P.C. ("HFM"), filed by Reorganized Debtor James F. Humphreys & Associates, L.C. (Humphreys & Associates) [Doc. No. 1280], and (2) HFM's cross motion to authorize the filing of the amended proof of claim [Doc. 1287]. I....
MEMORANDUM OPINION AND ORDER Frank W. Volk , Chief Judge . Pending in the main case is the Amended Motion for In rem Relief from Automatic Stay by Creditor, HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP3, Asset Backed Pass-Through Certificates ("HSBC"), filed February 14, 2017 [Dckt. 95]. Also pending are Debtor Timothy Hugh Dials' Motion for 9011(b)...
MEMORANDUM OPINION AND ORDER Frank W. Volk , Chief Judge . The Court presently has under consideration a non-dischargeability dispute between Plaintiff Tina Marie Clark and Defendant Mickey Gale Clark, which commenced with the Complaint filed on July 14, 2016. On July 25, 2016, Defendant Mickey Clark answered the Complaint. On February 7, 2017, the Court entered a briefing order. The Court received the Plaintiff Tina Clark's brief on February 15, 2017. (Dckts. 5; 14). On February 27,...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion to dismiss filed by Poca Valley Bank [Dckt. No. 70] and certain briefing received at the Court's request concerning the annulment of the automatic stay that became effective upon the filing of the now-dismissed main case filed by Marshall W. Nichols. I. On August 3, 2016, Mr. Nichols petitioned for relief under Chapter 11 of the Bankruptcy Code. [2:16-bk-20427 Dckt. No. 1]. Pursuant to 11 U.S.C. 1112(...
MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S MOTION TO RECONSIDER FRANK W. VOLK , Bankruptcy Judge . ending is Debtor Sabbatical, Inc.'s Motion to Reconsider Order Granting United States Trustee['s] Motion to Appoint Chapter 11 Trustee (doc. 406) (the "Motion to Reconsider"). The Court granted the United States Trustee's ("UST") Motion to Appoint Chapter 11 Trustee (the "Trustee Order") on March 24, 2017, following a hearing held over two days in November 2016. Debtor Sabbatical, Inc. ("...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion to dismiss filed by David Robert Butler and Darla Jean Butler ("Debtors") on February 23, 2017 [Dckt. 64]. On March 15, 2017, the former Chapter 7 Trustee, Janet Smith Holbrook ("Trustee") objected to Debtors' motion to dismiss [Dckt. 68]. On May 11, 2017, the Trustee submitted a supplement of authority for the objection to Debtors' motion [Dckt. 75]. On May 18, 2017, the Debtors responded to the...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion to dismiss filed by the United States Trustee ("Trustee"), Judy A. Robbins, on March 30, 2017 [Dckt. 231]. On April 19, 2017, the Debtors, Kendall Keith Richards and Angela Leigh Richards (collectively, the "Richards") responded to the Trustee's motion [Dckt. 235]. On May 10, 2017, the Richards submitted a memorandum discussing why certain transfers of money should not be deemed disbursements in the...
MEMORANDUM OPINION AND ORDER GRANTING THE ALLOWANCE OF THE INTERNAL REVENUE SERVICE TO COLLECT 941 TAXES POST-DISCHARGE FRANK W. VOLK , Bankruptcy Judge . Pending is Debtors' Request to Determine if the Internal Revenue Service May Collect any Interest on the Responsible Officer Assessment of 941 Taxes Post-Discharge. [Dckt. No. 254]. I. On June 17, 2009, Gregory Ward Thaxton and Pamela Gay Thaxton (collectively the "Thaxtons") petitioned for relief under Chapter 13 of the Bankruptcy...
MEMORANDUM OPINION AND ORDER DENYING DEBTORS' REQUEST FOR CONTEMPT AGAINST SELENE FINANCE FRANK W. VOLK , Bankruptcy Judge . Pending is Phillip Richard Rogers and Jill Denise Rogers' (collectively, the "Rogers") Motion for Violation of the Automatic Stay by Selene Finance, restyled as a Petition for Contempt. [Dckt. No. 93, 117, and 132]. I. On March 16, 2017, an order was transmitted to counsel for Selene Finance and the Rogers directing that the Rogers' Motion for Violation of the...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO RECONSIDER FRANK W. VOLK , Bankruptcy Judge . Pending is Defendant Sprague & Sprague's ("Sprague") Motion for Reconsideration of This Court's Memorandum Opinion and Order Denying Sprague & Sprague's Motion for Summary Judgment [Dckt. 140] (the "Motion to Reconsider"), filed April 13, 2017. Sprague seeks reconsideration of the March 30, 2017, Order (Dckt. 137) (the "Order") denying its Motion for Summary Judgment. In assessing the...
MEMORANDUM OPINION AND ORDER RESPECTING TRANSFER OF VENUE FRANK W. VOLK , Bankruptcy Judge . Pending are Defendant's Motion to Transfer Venue [Dckt. No. 16] and Plaintiffs' Motion for Remand and Abstention [Dckt. No. 10]. I. On May 12, 2015, Kanawha Eagle Mining, LLC ("Kanawha Eagle") voluntarily petitioned for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division ("Virginia Bankruptcy Court"). Kanawha...
MEMORANDUM OPINION AND ORDER DENYING RONALD K. COOK'S MOTION TO DISMISS THIRD-PARTY COMPLAINT FRANK W. VOLK , Bankruptcy Judge . Pending is Third-Party Defendant Ronald K. Cook's Motion to Dismiss Third-Party Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and Rule 7012 of the Federal Rules of Bankruptcy Procedure (the "Motion to Dismiss") [Dckt. 9], filed February 24, 2017. The Motion to Dismiss is ripe for adjudication. This is a core proceeding pursuant to...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending are the cross-motions for summary judgment by the Plaintiff Robert L. Johns, Liquidating Trustee of Mountain Country Partners, LLC ("Trustee"), and the Defendant United States Securities and Exchange Commission (the "SEC"), both filed July 18, 2016 [Dckts. 97 & 102]. Also, pending are the cross-motions for summary judgment by the Trustee and the Defendant Sprague & Sprague ("Sprague"), both filed July 18, 2016 [Dckts....
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending are (1) the United States Trustee's Motion to Appoint Chapter 11 Trustee (doc. 59), (2) Interested Party People's Bank's Motion to Appoint a Trustee (doc. 52), and (3) Debtor Sabbatical, Inc.'s ("Sabbatical") Motion to Dismiss (doc. 35). The Court held an evidentiary hearing on the motions on November 16 and 18, 2016, during which it heard testimony and arguments from the parties. Afterwards, the Court entered a...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Chief Bankruptcy Judge . Pending are Debtors' Philip and Jill Rogers' Motion for Contempt against Selene Finance ("Selene") for Violation of the Automatic Stay [Dckt. No. 93], the Rogers' Motion for Contempt Against Selene for Breach of Court-Ordered Mediated Settlement Agreement [Dckt. No. 94], and Selene's Motion to Dismiss the Adversary Proceeding. [Dckt. No. 111]. Respecting the Rogers' Motion for Contempt Against Selene for Violation of...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending are interested party John Simms' Amended Motion for Leave to File a Complaint [Dckt. 107] and Amended Motion for Relief from Automatic Stay [Dckt. No. 106]. 1 I. Debtor Michael Martin represented Brian Wooten in a personal injury action against Mr. Simms in the Circuit Court of Kanawha County (the "State Court"). Mr. Wooten alleged that he sustained personal injuries after Mr. Simms operated his motor vehicle in a...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK Bankruptcy Judge . Pending are the motions to dismiss and to stay filed by City National Bank of West Virginia ("City National"), respectively on October 17, 2016, and January 26, 2017 [Dckt. 5 and 10]. 1 City National requests that this adversary proceeding be stayed pending, inter alia, the outcome of Bernard Webb and Judy Webb v. City National Bank of West Virginia, N.A., No. 16-0660 ["State Court Civil Action"], an appellate proceeding...
