MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding came before the Court for an evidentiary hearing on September 27, 2016, on Plaintiff USAmeriBank's ("Bank") Motion to Alter and Amend. (Doc. 25). For the reasons set forth below, the motion is DENIED. I. FACTS A. Procedural History On January 22, 2016, Freddie Lewis Strength filed a petition in bankruptcy pursuant to Chapter 7 of the Bankruptcy Code. On March 22, 2016, the Bank filed a...
MEMORANDUM OPINION Dwight H. Williams, Jr. , United States Bankruptcy Judge . The debtor's proposed chapter 13 plan, to which Vanderbilt Mortgage and Finance, Inc. (hereinafter Vanderbilt) objects, came on for confirmation hearing on July 18, 2016. While Vanderbilt objects to the plan's confirmation on a number of grounds, the initial dispute concerns whether the debtor's plan may modify Vanderbilt's rights under its claim. 1 Vanderbilt contends that the rights under its claim are...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 bankruptcy case is before the Court on the motion to confirm the termination or absence of the automatic stay filed by White Coast Trust ("White Coast"). (Doc. 17). The issue raised by White Coast's motion is whether, pursuant to 11 U.S.C. 362(c)(3)(A), the automatic stay completely terminates as to property of the debtor and the estate, or whether it merely terminates as to property of the debtor,...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . This Chapter 13 bankruptcy case is before the Court on the "Motion for a Determination of Secured Status" filed by 1 st Franklin Financial Corporation ("1 st Franklin"). (Doc. 40). The question presented is whether a Chapter 13 debtor acting in good faith may modify her confirmed plan to surrender collateral and reclassify any deficiency balance as an unsecured claim. For the reasons set forth below, the Court holds...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding came before the Court for trial on July 29, 2016. Plaintiff Sara Edwards seeks a determination that a debt owed her by Defendant Allen Conway Colin is a non-dischargeable domestic support obligation. Colin contends that the debt is a non-support property settlement that is dischargeable in Chapter 13 bankruptcy. The Court heard testimony from Edwards, Colin, and Edwards' divorce attorney,...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Chapter 7 bankruptcy case is before the Court on the joint motion to approve compromise filed by Chapter 7 Trustee Susan DePaola ("DePaola") and Transamerica Advisors Life Insurance Company ("Transamerica"). (Doc. 86). The compromise would resolve a pending motion for relief from the automatic stay filed by Transamerica that DePaola has objected to. (Docs. 24 & 49). Acting sua sponte, the Court entered an...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding is before the Court on the motion to dismiss filed by Defendant JPMorgan Chase ("Chase"). (Doc. 12). Plaintiffs Jack and Angela Thomas ("Plaintiffs") allege that Chase willfully violated the automatic stay by sending them monthly mortgage statements and letters threatening to charge them for force-placed hazard insurance on the mortgaged property. (Doc. 1). They also argue that Chase is...
ORDER DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . On May 4, 2016, the debtors filed a motion to avoid the nonpossessory, nonpurchase-money lien of Cornerstone Finance Company, Inc. (hereinafter Cornerstone) pursuant to 11 U.S.C. 522(f). Cornerstone objects. At issue is whether a the debtors' recreational hunting bow is a household good under 522(f)(1)(B)(i). Under 11 U.S.C. 522(f), a debtor may avoid the fixing of a nonpossessory, nonpurchase-money lien of a creditor in the debtor'...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . The chapter 13 trustee moved for reconsideration of this court's order denying the trustee's motion to modify the debtor's plan post-confirmation. The modification that the trustee proposed was to capture settlement proceeds from a cause-of-action arising from an automobile accident and thereafter, to pay those proceeds to the debtor's unsecured creditors. Upon reconsideration of the order denying the trustee's proposed...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding came before the Court for a damages hearing on May 25, 2016. Plaintiff Angela Campbell alleges that Defendants Dennis Scott Carruthers and his law firm have committed multiple violations of the automatic stay and the Fair Debt Collection Practices Act. The Defendants have not answered and the Court has entered default against them. Plaintiff appeared at the damages hearing in person and...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This is an adversary proceeding to determine whether Plaintiff Velina Johnson's student loans were discharged in her bankruptcy pursuant to 11 U.S.C. 523(a)(8). The Court held a trial on April 25, 2016, at which Plaintiff appeared pro se and Robert A. Morgan appeared on behalf of Defendant Kentucky Higher Education Assistance Agency. For the reasons set forth below, the Court finds that Plaintiff's student loan...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding is before the Court on the motion to dismiss filed by Defendant Deborah Taylor, the Debtor in the underlying Chapter 7 case. (Doc. 9). The Plaintiffs seek a determination that debts in the amount of roughly $2 million allegedly owed by the Defendant are non-dischargeable under 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(4). The Plaintiffs have filed a response opposing the motion to dismiss,...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This student loan dischargeability case is before the Court on the motions to dismiss filed by Defendants United States Department of Education ("USDE") and National Collegiate Trust ("NCT"). (Docs. 24 and 29). For the reasons set forth below, the motions to dismiss are GRANTED and this adversary proceeding is DISMISSED WITHOUT PREJUDICE. I. FACTS & PROCEDURAL HISTORY Plaintiff LaToya Brantley ("Brantley") owes approximately $...
MEMORANDUM OPINION DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . These adversary proceedings, which seek declaratory judgments, involve a dispute between the debtors, Guy F. Medley and Michael A. Medley, 1 and the trustee, William C. Carn, III, regarding the legal responsibility for the payment of the 2014 tax liabilities attributable to the Medleys' stock ownership. The debtors contend that the liability is that of the bankruptcy estate, but the trustee asserts that the liability is that...
DWIGHT H. WILLIAMS, Jr. , Bankruptcy Judge . MEMORANDUM OPINION In this adversary proceeding, J. Lester Alexander, III, the chapter 7 trustee (hereinafter "trustee") for Southeastern Stud and Components, Inc. (hereinafter "debtor" or "SES") objects to the claim of Mill Steel Company, Mill Steel Birmingham, LLC, and MSSES Holdings, LLC (hereinafter collectively referred to as "Mill Steel"). Further, the trustee contests the validity of Mill Steel's security interest in property of the...
MOTION FOR SUMMARY JUDGMENTR ORDER DENYING PLAINTIFF'S DWIGHT H. WILLIAMS, Jr. Bankruptcy Judge . Before the court is the plaintiff's (hereinafter "Aliant") motion for summary judgment (Doc. # 13). The complaint alleges that the debt owed by the defendants (hereinafter "Dobbs") is not dischargeable under 11 U.S.C. 523 and that the Dobbs discharge should be denied under 11 U.S.C. 727. Aliant does not more particularly specify which subsection of 523 or 727 on which it is basing its...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . These consolidated adversary proceedings 1 are before the Court on the Plaintiffs' motion for award of attorney's fees and costs. 2 (Doc. 90). The Court previously entered judgment for the Plaintiffs on their claims under the Fair Debt Collection Practices Act, but has not yet determined the extent of the Defendants' liability for attorney's fees and costs. Feggins v. LVNV Funding, LLC , 540 B.R. 895 , 911 (Bankr. M.D. Ala....
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This adversary proceeding is before the Court on the Motion for Award of Attorneys' Fees and Expenses filed by Plaintiff Peggy Ann Vaughn, the Response in Opposition filed by Defendant Central Mississippi Credit Corporation, and the Plaintiff's Motion for Leave to File Reply. (Docs. 114, 123, & 125). Plaintiff's Motion for Leave to File Reply is GRANTED. Plaintiff's Motion for Award of Attorneys' Fees and Expenses is GRANTED IN...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This adversary proceeding is before the Court on the motion for summary judgment filed by Defendant Allen Colin. (Doc. 7). Plaintiff Sara Edwards seeks a determination that the debt owed her by the Defendant is a domestic support obligation, and thus non-dischargeable under 11 U.S.C. 523(a)(5). The Plaintiff has filed a response in opposition to the motion, asserting that a genuine dispute of material facts remains....
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding was called for trial on November 4, 2013. Plaintiff Daniel G. Hamm 1 was present in person and by counsel Steve Olen and Lucy Tufts. Neither the Defendants nor their counsel, Thomas McAlpine, appeared. For the reasons set forth below, the Court enters judgment by default in favor of Plaintiff Carly B. Wilkins and against Defendants Timothy McCallan, AmieriCorp, Inc., and Seton Corp., in the...
