MEMORANDUM OPINION WILLIAM R. SAWYER , United States Bankruptcy Judge . This adversary proceeding is before the Court on Plaintiff Amy Ward Saggus's complaint to determine dischargeability of a marital debt owed her by her ex-husband, Defendant Robert Saggus, the debtor in the underlying bankruptcy proceeding. Plaintiff claims that this debt is a domestic support obligation pursuant to 11 U.S.C. 523(a)(5). Alternatively, Plaintiff claims that the debt arises from false pretenses...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This case is before the Court on the objection to confirmation filed by TitleMax of Alabama, Inc. (Doc. 30). TitleMax objects to the proposal of Debtor Angela Porter-Dennis to modify its rights under two pawn contracts on the grounds that the plan is not proposed in good faith. The Court held an evidentiary hearing on November 18, 2015, at which the Debtor was present in person and through her counsel, Paul D. Esco, and TitleMax...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge This Adversary Proceeding was tried on November 16, 2015. Plaintiff Peggy Ann Vaughn was present in person and by counsel Anthony B. Bush and Paul D. Esco. Defendant Central Mississippi Credit Corporation was present by counsel Joseph E. Watson, III. The Plaintiff alleges that the Defendant willfully violated the automatic stay and requests actual damages, punitive damages, costs, and attorneys' fees. For the reasons...
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . In this complaint, J. Lester Alexander, III (hereinafter "trustee"), the chapter 7 trustee for the bankruptcy estate of Southeastern Stud and Components, Inc. (hereinafter "debtor"), contests the security interests of the Mill Steel Company, Mill Steel Birmingham, LLC, and MSSES Holdings, LLC (hereinafter "defendants") 1 in the assets of the debtor (Count I), and objects to the claim of the defendants (...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . These consolidated Adversary Proceedings came before the Court for trial on August 10, 2015. The Plaintiffs were present by counsel Nicholas H. Wooten and the Defendants were present by counsel Neal D. Moore, III, and Tina Lam. For the reasons set forth below, judgment is entered in favor of the Plaintiffs and against the Defendants. I. FACTS This litigation is a consolidation of five adversary proceedings. The...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This Adversary Proceeding came before the Court for hearing on the Plaintiff's Motion for Default Judgment (Doc. 11), on November 3, 2015. The Plaintiff was present by counsel Daniel D. Sparks; also present was Susan S. DePaola, the Chapter 7 Trustee in the underlying bankruptcy case. Defendant Curtis Larry Summerlin did not appear, nor has he filed an answer to the complaint. The Plaintiff has a money judgment against the...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 11 case came before the Court for hearing on October 14, 2015, on the Debtors' Motion to Alter, Amend, or Vacate. (Doc. 71). 1 The Debtors were present by counsel Lee R. Benton, Liberty Bank and Trust was present by counsel Kristen Abbott, and the Bankruptcy Administrator was present by counsel Britt Griggs. The Debtors request that the Court vacate its Order of September 17, 2015, granting Liberty...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This adversary proceeding is before the Court on Susan DePaola's motion to strike the jury demand of Sleepy's, LLC. 1 (Doc. 11). DePaola also seeks judgment on the pleadings as to two counts of a counterclaim filed by Sleepy's, LLC. 2 (Doc. 11). Sleepy's, LLC has filed an objection, asserting that its counterclaim is properly pled and that it has not waived its right to a jury trial. (Doc. 18). For the reasons set forth below,...
EX PARTE ORDER DENYING MOTION TO REVOKE CONFIRMATION DWIGHT H. WILLIAMS , Bankruptcy Judge . On October 19, 2015, Felecia P. Boyd, the former spouse of the debtor, filed a motion seeking revocation of the order confirming the debtor's chapter 13 plan under 11 U.S.C. 1330. 1 The motion further seeks the dismissal of the case pursuant to 11 U.S.C. 1307 should the confirmation be revoked under 1330(a). The statute provides: (a) On request of a party in interest at any time within...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . The debtors filed objections to the claim of LVNV Funding, LLC (Doc. #29) and to four claims of Midland Credit Management, Inc. (Doc. #40, 41, 42, and 43). 1 Therein, the debtors contend that each of the five claims is barred by the Alabama statute of limitations. Further, the debtors dispute their contractual liability on any of the five claims. 2 For the reasons that follow, the objections to the claims will be overruled...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . "What we've got here is failure to communicate." 1 Strother Martin uttered those words to Paul Newman in the movie Cool Hand Luke, but he could just as easily have said them about the attorneys involved in this case. A systematic breakdown in communication occurred between the Trustee, the Debtor, the Debtor's bankruptcy attorneys, and the Debtor's worker's compensation attorneys. The results of this communication...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . Before the court is a motion to dismiss pursuant to FRBP 7012(b)(6) 1 filed by LVNV Funding, LLC (LVNV), Resurgent Capital Services, L.P. (Resurgent), and PRA Receivables Management, LLC (PRA) (hereinafter referred to collectively as "Defendants"). In particular, Defendants contend that the Debtor/Plaintiff's Fair Debt Collection Practices Act (FDCPA) claim is time-barred. For the following reasons, the Defendants' motion to...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding is before the Court on Defendant PNC Mortgage, N.A.'s motion to dismiss the amended complaint filed by Plaintiffs Mathis and Lillian Richardson. (Doc. 23). The Plaintiffs object to the Defendant's claim in their underlying bankruptcy, and have asserted claims for breach of contract, fraud, and violations of the Real Estate Settlement Procedures Act. For the reasons set forth below, the...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge This matter is before the Court on Defendant Atlas Acquisitions, LLC's motion to dismiss Plaintiff Shemekia Holloway's complaint. The Plaintiff asserts that the Defendant violated the FDCPA by filing time-barred proofs of claim in her Chapter 13 bankruptcy. For the reasons set forth below, the Defendant's motion is DENIED. I. FACTS & PROCEDURAL HISTORY Plaintiff Shemekia Holloway ("Holloway") filed Chapter 13...
MEMORANDUM OPINION WILLIAM R. SAWYER , United States Bankruptcy Judge . This adversary proceeding is before the Court on the Motion to Compel Arbitration and Stay Proceedings filed by Defendants Vann Spray and DSSC, Inc. (collectively, "Defendants"). (Doc. 52). Plaintiff Marie Sue Harrelson has filed claims against the Defendants alleging turnover of estate funds, avoidance of fraudulent conveyances, and violations of restrictions on debt relief agencies. (Doc. 30). For the reasons set...
MEMORANDUM OPINION William R. Sawyer , Chief United States Bankruptcy Judge . This adversary proceeding is before the Court on Defendant Rory Smith's motion to dismiss the complaint of Plaintiffs Valerie Loucks and Amanda Woodham. (Doc. 6). The Defendant is the debtor in the underlying Chapter 7 bankruptcy. The Plaintiffs seek a determination that their claims against the Defendant are non-dischargeable under 11 U.S.C. 523(a)(6). For the reasons set forth below, the Defendant's motion...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . These consolidated cases are before the Court on the Defendants' Motion for Judgment on the Pleadings. 1 (Doc. 39). The motion is now fully briefed. (Docs. 50, 51). For the reasons set forth below, the Defendants' Motion for Judgment on the Pleadings is DENIED. 2 I. FACTS. As this is before the Court on the Defendants' Motion for Judgment on the Pleadings, the Court will accept as true the facts pled in the...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 case came before the Court on May 13, 2015, on the Court's Order of April 23, 2015. (Doc. 37). For the reasons set forth below, this case is dismissed, with prejudice pursuant to 11 U.S.C. 349(a), and with a five-year injunction against refiling. In addition, the Court will enter an order to show cause addressed to the Debtor's lawyers ordering them to appear and show cause why sanctions should not...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This bankruptcy case came before the Court for an evidentiary hearing on May 27, 2015, on Oliver Fulmer's objection (Doc. 26) to Sharon Fulmer's motion to convert her Chapter 7 bankruptcy case to a case under Chapter 13. (Doc. 21). For the reasons set forth below, Oliver Fulmer's objection is OVERRULED and Sharon Fulmer's motion to convert is GRANTED. I. BACKGROUND PROCEEDINGS The Court will divide its discussion...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . I. FACTS This Chapter 13 case came before the Court for an evidentiary hearing on the Debtor's Motion to Alter and Amend on May 13, 2015. (Doc. 21). The Debtor was present in person and by counsel Charles M. Ingrum, Jr. The Chapter 13 Trustee was present by counsel Sabrina McKinney. Tuskegee Federal Credit Union was present by counsel Kristen Abbott. For the reasons set forth below, the motion is DENIED. The...
