MEMORANDUM OPINION Bess M. Parrish , Creswell United States Bankruptcy Judge . On November 10, 2017, Wheeler Bros., Inc. ("Wheeler") filed adversary proceedings against Robert Laslie Jones, III ("Laslie") (AP-17-03128) and Lavenia Ann Jones (hereinafter "Ann", and collectively with Laslie, "Defendants") (AP-17-31726). Wheeler's Complaints object to the discharge of each Defendant and to the dischargeability of debts owed to Wheeler by Defendants pursuant to 523(a)(2)(A); 523(a)(6); 727(...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Chapter 13 case came before the Court for hearing on November 7, 2019, on the Debtor's Motion to Approve Compromise and the Application to Approve Attorney's Fees and Expenses. (Docs. 40& 41). The Chapter 13 Trustee filed an objection to the motion. (Doc. 47). For the reasons set forth below, the motion is granted, in part, and the application is approved as filed. I. Facts The Debtor filed a petition in bankruptcy pursuant...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case came before the Court for an evidentiary hearing on September 19, 2019, to resolve the Objection to Confirmation of Chapter 13 Plan filed by Ford Motor Credit Company, LLC. (Doc. 18). For the reasons set forth below, the Court overrules the objection and confirms the Plan as amended. (Doc. 21). I. Facts On March 24, 2018, the Debtor, Jamarus T. Butler, purchased a new 2017 Ford Focus from...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on September 17, 2019, on Defendant Timothy McCallan's Motion for Immediate Release. (Doc. 810). Plaintiff Carly Wilkins has filed a response. (Doc. 813). For the reasons set forth below, the motion is denied. I. Facts Defendant Timothy McCallan was jailed for contempt of court on October 23, 2017, and remains in custody. On July 31, 2019, more than 21...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on the Motion to Dismiss filed by Defendant Bell Helicopter Textron, Inc. (Doc. 6). Plaintiff Robert W. Somers, the Debtor in the underlying Chapter 13 bankruptcy case is an employee ("Employee") of Bell Helicopter ("Employer") who filed a complaint alleging that Employer and its payroll processor Automatic Data Processing, Inc. ("ADP") had violated the automatic stay. (...
MEMORANDUM OPINION Bess M. Parrish Creswell , United States Bankruptcy Judge These cases are before the Court on the Amended Motion for Relief from Stay in In re Donna R. Thompson, Case No. 18-32609, and the Motion to Confirm Termination or Absence of Stay in In re Kisha Yvonne Daniel, Case No. 18-33069 (collectively, the "Motions") filed by TitleMax of Alabama, Inc. ("TitleMax"). These chapter 13 cases concern the overlapping question of whether the pawn transactions at issue are...
AMENDED MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for an evidentiary hearing on May 6, 7, and 9, 2019, on Defendant Timothy McCallan's "Motion to Determine Compliance with the Civil Contempt Orders and for the Immediate Release of Defendant McCallan from Incarceration." (Doc. 787). Evidence was concluded on May 7, 2019, and the Court heard closing arguments telephonically on May 9, 2019. For the reasons set forth below, the...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for an evidentiary hearing on May 6, 7, and 9, 2019, on Defendant Timothy McCallan's "Motion to Determine Compliance with the Civil Contempt Orders and for the Immediate Release of Defendant McCallan from Incarceration." (Doc. 787). Evidence was concluded on May 7, 2019, and the Court heard closing arguments telephonically on May 9, 2019. For the reasons set forth below, the motion is...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This matter came before the Court for telephonic hearing on June 12, 2019, on East Alabama Medical Center's (EAMC) Motion for Summary Judgment (Doc. 12). EAMC was present by counsel Derek F. Meek, and Debtor was present by counsel Anthony B. Bush. The Court has considered the motions filed by both parties (Docs. 12 & 15). For the following reasons, the Court DENIES EAMC's motion, GRANTS summary judgment in favor...
MEMORANDUM OPINION BESS M. PARRISH CRESWELL , Bankruptcy Judge . William C. Carn, III (hereinafter "Plaintiff"), Trustee of Debtor's Chapter 7 estate, filed the above-referenced Adversary Proceeding on December 28, 2018, naming Stephen Page Todd, Leanne Todd, William B. Todd, James C. Todd, Jr., PB & J, LLC, and Todd Properties, LLC, as Defendants. The Complaint consists of two counts: (1) fraudulent transfer pursuant to 11 U.S.C. 544 and (2) civil conspiracy. In response, Defendants...
MEMORANDUM OPINION Bess M. Parrish Creswell , United States Bankruptcy Judge . This matter is before the Court on Debtor's Amended Motion for Contempt and Motion for Sanctions for Violation of Discharge Injunction (Doc. 48) filed against NCEP, LLC. 1 The Court, having reviewed the pleadings, briefs, and counsels' arguments, holds the Amended Motion for Contempt and Motion for Sanctions is GRANTED in part and DENIED in part. I. JURISDICTION This Court has jurisdiction over the parties...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court on February 5, 2019, on the Motion to Dismiss filed by the Defendants. (Doc. 18). The Plaintiff was present by counsel Steve Olen and Lucy Tufts and the Defendants were present by counsel Wanda Borges. The Court took the motion under advisement. The motion is now fully briefed (Docs. 26, 27). For the reasons set forth below, the motion to dismiss is denied. I. Facts...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for a status hearing on February 11, 2019. Plaintiff ServisFirst Bank was present by counsel Robert P. Reynolds. No other appearances were made. After discussion with counsel for the Bank, the Court advised that it would abstain from further proceedings in this Adversary Proceeding. In light of the Bank's motion to withdraw the reference, and the fact that there will be no adverse...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on January 8, 2019, on the Motion for Summary Judgment filed by Defendant Troy Bank and Trust. (Doc. 13). Defendant Troy Bank was present by counsel Allen C. Jones, Plaintiff Coffee Farmers Cooperative, Inc., was present by counsel Jason R. Eubanks, and Defendant Dennis Smith, the Debtor in the underlying Chapter 12 Bankruptcy Case, was present by counsel...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on December 18, 2018, on the Motion to Dismiss filed by Defendant United States of America. (Doc. 8). Plaintiffs A. Wayne Armstrong and Lawrence Armstrong were present by counsel Collier H. Espy, Jr., and the United States was present by Trial Attorney Lynne M. Murphy. For the reasons set forth below, the motion is granted and this Adversary Proceeding is dismissed with...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on October 2, 2018, on the Defendant's Motion to Dismiss (Doc. 7), and Plaintiff's Response (Doc. 11). Plaintiff Ray Moore was present by counsel Anthony B. Bush, and Defendant Automotive Finance Corp. was present by counsel R. Scott Williams. For the reasons set forth below, the motion is GRANTED and the complaint is DISMISSED WITH PREJUDICE. I. Facts...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on August 7, 2018, on the Motion to Set Aside Default Judgment filed by Defendant ABCAR, Inc. (Doc. 18). Plaintiff William C. Carn, III, was present by counsel John D. Elrod and Defendant ABCAR was present by counsel William Wesley Causby. For the reasons set forth below, the motion is DENIED. I. FACTS Plaintiff William C. Carn, III, is the Chapter 7 Trustee in the...
AMENDED MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court for trial on April 27, 2018. Plaintiff Stacey H. Brodgen was present in court and by counsel Anthony B. Bush. Defendant Holmes Motors, Inc., was present by Jason Johnson, its Chief Operating Officer, and by counsel Stephen M. Cozart. For the reasons set forth below, judgment is entered in favor of the Plaintiff. I. FACTS Plaintiff Stacey H. Brodgen ("Brodgen")...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for trial on April 27, 2018. Plaintiff Stacey H. Brodgen was present in court and by counsel Anthony B. Bush. Defendant Holmes Motors, Inc., was present by Jason Johnson, its Chief Operating Officer, and by counsel Stephen M. Cozart. For the reasons set forth below, judgment is entered in favor of the Plaintiff. I. FACTS Plaintiff Stacey H. Brodgen ("Brodgen") is a debtor in...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . The following matters came before the Court for hearing on July 24, 2018: (1) In re Mari Morrison, Misc. Proceeding 17-00303, Bankruptcy Administrator's Motion to Examine Debtor's Transactions with Attorney Mari Morrison, Doc. 1, Bankruptcy Administrator's Motion to Consolidate Doc. 33, and Mari Morrison's Objection to Motion to Consolidate, Doc. 38; (2) In re James Hillery Cain, Case No. 17-32361, Motion to Examine Debtor's...
