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...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending are the Motion by Defendant City National Bank of West Virginia ("City National") to Dismiss Adversary Proceeding [Dckt. 29] and the Motion by Bernard Richard Webb and Judy Maye Webb for Summary Judgment [Dckt. 34]. I. Defendant City National is a federally-chartered bank operating in many West Virginia counties. City National has its principal office in Charleston, West Virginia. Plaintiff-debtor Bernard R. Webb is...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is Plaintiff Robert I. Aaron's Motion for Summary Judgment, filed November 20, 2017 [Dckt. 22]. Aaron prosecutes this adversary proceeding seeking a determination that a debt owed by Defendant Howard J. Lilly is nondischargeable pursuant to section 523(a)(6) of the Bankruptcy Code. 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....
MEMORANDUM OPINION AND ORDER DENYING HUMPHREY, FARRINGTON & MCCLAIN, P.C.'S MOTION TO COMPEL AND SETTING SCHEDULE FOR BALANCE OF CASE EVENTS FRANK W. VOLK , Bankruptcy Judge . Pending is Humphrey, Farrington & McClain, P.C.'s ("HFM") Motion to Compel James F. Humphreys to Respond to Questions Relating To Agreement With Motley Rice, LLC [Dckt. 1374] (the "Motion"), the Objection to the Motion by James F. Humphreys & Associates, L.C. ("JFHA") and James F. Humphreys ("Mr. Humphreys") [Dckt....
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is Motion to Dismiss Party by Defendant Ashley Alexandria French, filed December 21, 2017 [Dckt. 8]. This is a core matter pursuant to 28 U.S.C 157(b)(2)(I). The Court has jurisdiction pursuant to 157 and 28 U.S.C. 1334(b). I. On November 17, 2017, United Bank, a Virginia banking corporation ("United"), successor-by-merger to United Bank, Inc. ("UBI"), initiated this proceeding by filing the Complaint seeking...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the Confirmation of Debtors' Chapter 13 Plan (the "Plan") [Dckt. 5] and the Objection by Vanderbilt Mortgage and Finance, Inc. (the "Objection") [Dckt. 20]. The Plan included a Motion to Value Secured Property (the "Motion to Value"). On February 7, 2018, the Court heard the Motion to Value, which included certain testimony and exhibits. At that hearing, the Court entered a bench ruling, which is memorialized...
MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Chief Bankruptcy Judge . Pending is the Rogers' Motion to Request a Hearing on the Recent Ruling From This Court Concerning the Contempt of Selene Finance (the "Motion to Request Hearing") [Dckt. 108 in the main case and Dckt. 158 in the adversary proceeding]. No response has been filed by Selene Finance, LP ("Selene"). In the Motion to Request Hearing, the Rogers raise several points. First, the Rogers request the opportunity to subpoena...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO RECONSIDER FRANK W. VOLK , Bankruptcy Judge . Pending is Debtor Cheryl Denise Dean's Motion to Reconsider Order Extending Time to File Complaint to Determine Dischargeability [Dckt. 46]. On October 25, 2017, Creditor Pendleton Community Bank, Inc., filed its Motion to Extend Time to File a Dischargeability Complaint. Inasmuch as no response or objection was filed, the Court granted the Motion on November 21, 2017. Ms. Dean then objected to...
ORDER ON THE DEBTORS' MOTION FOR CONTEMPT FRANK W. VOLK , Bankruptcy Judge . Pending is the Rogers' Petition for Contempt Against Selene Finance, LP for Violations of the Automatic Stay, which was originally filed in the now-closed adversary proceeding, captioned Rogers v. Selene Finance (no. 2:14-ap-2068) [A.P. Dckt. 93], along with the Rogers' Motion to Reconsider the Court's Order Denying Debtors' Request for Contempt Against Selene Finance [A.P. Dckt. 144]. Previously, this case...
