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...
MEMORANDUM DECISION WILLIAM 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...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This case is before the Court on Plaintiff D.L. Moore's Motion for Default Judgment. On March 20, 2018, the Court held a hearing on the motion and counsel for Defendant James Lee Stewart orally motioned for the Court to deny the motion for default judgment and set aside the entry of default pursuant to Fed. R. Civ. P. 55(c). The Court ordered briefs on the issue of whether good cause exists to set aside the entry of default and...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . I. A BRIEF HISTORY AS TO HOW WE GOT HERE This Adversary Proceeding came before the Court for an evidentiary hearing on January 30-31, 2018. Defendant Timothy McCallan has been incarcerated since October 23, 2017, for contempt of court (Doc. 583). On February 16, 2016, the Court entered judgment in favor of the Trustee in the amount of $102,949,220.72. (Docs. 361, 362). The Trustee has commenced proceedings against the Defendants,...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This case is before the Court on Defendant's Motion to Alter or Amend Judgment. (Doc. 32). The Court conducted a hearing on this matter on April 23, 2018, and took the matter under advisement. Defendant was present by counsel Russell N. Parrish and Plaintiff was present by counsel Regan Loper. Defendant, Audientis, LLC, requests this Court to vacate its judgment (Docs. 30, 31) in a preference action on the grounds...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This Adversary Proceeding is before the Court on Defendant's Offer of Judgment (Docs. 26, 27), Plaintiff's Motion for Additional Attorney Fees (Doc. 30), and Defendant's Response to the Motion for Additional Attorney Fees (Doc. 32). Plaintiff argues that she accepted Defendant's Rule 68 Offer of Judgment and is now entitled to recover additional attorney's fees pursuant to 11 U.S.C. 362(k). For the reasons stated...
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 Creditor Holmes Motors, Inc. (Doc. 41). The motion is fully briefed. The issue considered is whether Defendant is entitled to a judgment as a matter of law under Fed. R. Bankr. P. 7056. For the reasons set forth below, the motion is DENIED. I. FACTS Plaintiff Stacey H. Brodgen (Debtor) filed a petition in bankruptcy...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . These Chapter 13 cases concern the question of whether a debtor is required by an underlying agreement and applicable nonbankruptcy law to pay postpetition mortgage fees and expenses, filed pursuant to Fed. R. Bankr. P. 3002.1, to a creditor holding a note and mortgage on debtor's primary residence as provided in 11 U.S.C. 1322(b)(5). The debtors in the following cases each filed a motion to determine the extent to...
MEMORANDUM OPINION William R. Sawyer , United States Bankruptcy Judge . These Chapter 13 cases concern the question of whether a debtor is required by an underlying agreement and applicable nonbankruptcy law to pay postpetition mortgage fees and expenses, filed pursuant to Fed. R. Bankr. P. 3002.1, to a creditor holding a note and mortgage on debtor's primary residence as provided in 11 U.S.C. 1322(b)(5). The debtors in the following cases each filed a motion to determine the extent...
MEMORANDUM DECISION William R. Sawyer , Chief U.S. Bankruptcy Judge . This Adversary Proceeding is before the Court on the Motion for Summary Judgment filed by Plaintiff William C. Carn, III, the Trustee in the underlying Chapter 7 case. (Doc. 21). Trustee Carn alleges that two cash payments made by SpecAlloy Corp., the Debtor in the underlying Chapter 7 case, to Defendant Audientis, LLC, are preferences which may be avoided pursuant to 11 U.S.C 547 and 550. The central issue before...
MEMORANDUM DECISION WILLIAM R. SAWYER , Bankruptcy Judge . This bankruptcy case came before the Court on March 2, 2018, on this Court's Order to Show Cause dated January 29, 2018. (Doc. 53). Brandon Sellers appeared in Court and stated that he would refund the filing fee to the Chapter 13 Trustee for distribution to creditors. The Court noted in its Order of January 29, that the petition filed in this case failed to disclose two prior bankruptcy filings-(1) Case No. 09-32609, filed...
MEMORANDUM DECISION William R. Sawyer , United States Bankruptcy Judge . This case came before the Court on the Debtor's Motion to Excuse Debtor from Section 341 Hearing ("Motion to Excuse") on October 31, 2017. (Doc. 8). Debtor Angelo Alleca was present by and through counsel Michael Fritz Sr. and the Bankruptcy Administrator was present through Britt Griggs. Carly Wilkins appeared on behalf of Chapter 7 Trustee Susan DePaola, raising an objection to the present motion. The issue before...
