MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Chapter 13 case is before the Court on the Debtor's objection to the claim filed by Donna Odom. (Doc. 12). For the reasons set forth below, the objection is SUSTAINED and Claim No. 4 of Donna Odom is ALLOWED AS UNSECURED. I. FACTS The facts of this case are both simple and undisputed. Heather Lawless filed a petition in bankruptcy pursuant to Chapter 13 of the Bankruptcy Code on May 28, 2014. (Doc. 1). The Debtor filed a...
MEMORANDUM DECISION WILLIAM R. SAWYER, Bankruptcy Judge. This Chapter 13 bankruptcy case is before the Court on the motion to reconsider filed by Quantum3 Group, LLC. (Doc. 45). The Court heard argument on November 4, 2014. For the reasons set forth below, the motion is DENIED. I. FACTS On May 21, 2014, the Debtor filed a petition in bankruptcy pursuant to Chapter 13 of the Bankruptcy Code, initiating this case. (Doc. 1). On July 7, 2014, Quantum3 Group, LLC, filed a timely proof of claim,...
ORDER GRANTING MOTION TO DISMISS DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. In this complaint, the debtors, Stephanie and Clint Waugh, seek damages against Alabama Gas Corporation (hereinafter "Alagasco") for its alleged willful violation of the automatic stay. Alagasco filed a Motion to Dismiss (Doc. #5) the case asserting that the court lacks subject matter jurisdiction over this adversary proceeding due to the dismissal of the underlying bankruptcy case. For the following reasons, the...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, JR., Bankruptcy Judge. Before the court is Res Ga Two, LLC's (hereinafter "Plaintiff") complaint to determine the dischargeability of the debt owed to it by Tony L. Hiett (hereinafter "Hiett" or "Defendant") pursuant to 11 U.S.C. 523(a)(2)(B)(false financial statement) and to deny Hiett a discharge in general pursuant to 11 U.S.C. 727(a)(2)(A)(transfer or concealment of the debtor's property prior to bankruptcy). Trial was held on April 10, 2014....
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. In this adversary proceeding, the plaintiffs contend that the defendants breached the parties' contract by failing to pay hazard insurance premiums on a policy covering Royal Priesthood Ministries International's (hereinafter "RPMI") real property. Thereafter, the plaintiffs allege that the property was damaged on two separate occasions resulting in an uninsured loss to the plaintiffs. Trial was held on May 15, 2014, in Opelika,...
MEMORANDUM WILLIAM R. SAWYER, Bankruptcy Judge. This case is before the Court on Green Tree's Motion for Relief from the Automatic Stay. (Doc. 33). The Court held an evidentiary hearing on the matter on May 14, 2014, in Opelika, AL. Green Tree was represented by counsel Judd Anderton, and the Debtor, Ms. Calhoun, was present by counsel America Cross and attorney William Carswell. The Court has considered the briefing and arguments of counsel, and, for the reasons set forth below, finds the...
MEMORANDUM OPINION ON TRUSTEE'S MOTION FOR INSTRUCTIONS WILLIAM R. SAWYER, Bankruptcy Judge. Both of these cases began as ones under chapter 13. The Murphy case converted to one under chapter 7 on December 4, 2013. The Pickett case was dismissed on November 20, 2013. In each case, at the time of the conversion or dismissal, the trustee had funds on hand which had been collected during the course of the chapter 13 cases' administration. Now, the trustee seeks instruction as to the proper...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr., Bankruptcy Judge. Before the court is Valerie Amoroso Al-Riyami's ("Al-Riyami") complaint to determine the dischargeability of her student loan debts to the United States Department of Education ("USDE"). Trial was held in Opelika, Alabama on August 16, 2013. At trial, Al-Riyami was represented by her attorney, Charles M. Ingrum, Jr., and USDE was represented by its counsel, DeAnne M. Calhoon. For the following reasons, judgment will enter in favor...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Bankruptcy Judge. In this complaint, Krystle Nicole Sanders, (hereinafter "Sanders") seeks damages against Community Cars, Inc. (hereinafter "Community Cars") for its alleged willful violation of the automatic stay. Community Cars asserts a counterclaim against Sanders for breach of contract, unjust enrichment, and wrongful possession. 1 At trial, Sanders was represented by counsel, Nicholas H. Wooten, and Community Cars was represented by its attorneys,...
