ORDER SUSTAINING OBJECTION (DOC. 27) IN PART AND CONTINUING HEARING ON OBJECTION FOR ADDITIONAL INFORMATION HENRY A. CALLAWAY , Chief Bankruptcy Judge . The court held a hearing on the debtors' objection (doc. 27) to claim no. 16 of Wells Fargo Bank, N.A. Wells Fargo filed claim no. 16 as secured by a gas heating and air conditioning system ("the air conditioner"). The debtors asked the court to reclassify the claim as unsecured. Wells Fargo filed a response to the objection and the...
ORDER SUSTAINING OBJECTIONS TO CONFIRMATION (DOCS. 17, 57) AND GRANTING MOTION TO DETERMINE APPLICABILITY OF STAY (DOC. 18) HENRY A. CALLAWAY , CHIEF U.S. BANKRUPTCY JUDGE . This case came before the court for an evidentiary hearing on January 24, 2020 on the objections to confirmation (docs. 17, 57) and motion to determine the applicability of the automatic stay (doc. 18) filed by TitleMax of Alabama, Inc. ("TitleMax"). The court heard testimony from the debtor Christopher Dawan...
ORDER OVERRULING OBJECTION TO CLAIM (DOC. 181) HENRY A. CALLAWAY , Chief Bankruptcy Judge . The chapter 7 trustee objected to the secured portion of claim no. 7 filed by creditor First Heritage Credit because the claim is "for indebtedness and other household goods which are not property of the estate." For the reasons discussed below, the court overrules the objection without prejudice. "The filing of a bankruptcy petition under Chapter 7 creates a bankruptcy `estate' generally...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL HENRY A. CALLAWAY , Chief Bankruptcy Judge . This case came before the court for trial on December 6, 2019 on the limited issue of the plaintiff Deborah Keeton's nondischargeability claim pursuant to 11 U.S.C. 523(a)(6) against the defendant-debtor Joseph Norman Short, Jr. related to a state court judgment for trespass. Ms. Keeton requests that the court find that the debt owed to her is nondischargeable in Mr. Short's chapter 7...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for evidentiary hearing on the Motion for Relief from the Automatic Stay (hereinafter "the Motion") filed by U. S. Lawns, Inc. (hereinafter "USL") pursuant to 11 U.S.C. 362 as well as the Debtors' Objections to the Proof of Claims filed by USL. Proper notice of hearing was given and appearances were noted by Attorney Bradford Dempsey on behalf of USL and Attorney Jennifer...
MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTIONS AND DISALLOWING PROOF OF CLAIM NUMBER 32 FILED BY CANDACE LAFORCE JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on the Objections of the Chapter 7 Trustee (Doc. 1009), the IRS (Doc. 1010) and PNC (Doc.1048) to Proof of Claim number 32-2 (the "Claim") filed by Candace LaForce ("Ms. LaForce") and joinders thereto by SCF Barge Line LLC, SCF Boats, LLC (Doc. 1052) and Wells Fargo (Doc. 1054) as well as Ms....
ORDER DENYING DEFENDANT'S MOTION TO DISMISS HENRY A. CALLAWAY , CHIEF U.S. BANKRUPTCY JUDGE . The United States District Court for the Southern District of Alabama referred this case to this court to resolve the defendant's motion to be dismiss (doc. 1-15 1 ) "and all other proceedings, consistent with Article III of the Constitution." ( See order, doc. 1, at p.8). Having carefully reviewed the briefing of the parties, the district court record, and the relevant law, the court denies...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . The Court has before it two matters, Debtor's Objection to Claim of Ocwen Loan Servicing, LLC Servicer for Wells Fargo Bank, National Association as Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2007-OSI (hereinafter "Ocwen"), (Doc. 54), and Ocwen's Amended Objection to Confirmation. (Doc. 88). These Objections have been fully briefed by the parties ( see Docs. 14, 48, 119, 136, 174, 177, 184)...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter is before the Court on the Motion to Dismiss filed by Defendant Levada EF Five, LLC (hereinafter, "Levada"), (Doc. 5), to which the Plaintiff, A. Richard Maples as Chapter 11 Trustee in the matter of In re Charles K. Breland, Jr., 16-2272-JCO, filed his Responses in Opposition thereto (Doc. 23, 28), and Levada's Supplemental Brief in support of its Motion to Dismiss. (Doc. 29). The Motion to Dismiss has...
POST-TRIAL MEMORANDUM OPINION AND ORDER ON COMPLAINT FOR NONDISCHARGEABILITY JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for a trial on April 8, 2019, on the Complaint filed by the United States of America on behalf of its agency, the United States Department of Agriculture, Farm Service Agency (hereinafter referred to as "the USA" or "FSA") against Chapter 7 Debtor and Defendant, Patricia Marlaina Reid (hereinafter referred to as "Debtor" or "Reid")....
MEMORANDUM OPINION AND FINAL JUDGMENT JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter is before the Court on Debtor Plaintiff, Allison Evans' Complaint for damages incurred by her due to the Defendant, Timber Ridge Apartments' violation of the discharge injunction. (Doc. 1). Defendant was served with the Complaint on February 9, 2017. (Doc. 27). Defendant failed to answer or otherwise defend against the Complaint within thirty days of service, and at the Plaintiff's request, this...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on January 29, 2019, on Debtors' Motion to Avoid Judicial Lien. (Doc. 12). Counsel for the Debtor, Francis Hollinger was present. Having considered the relief requested in the Motion, the record as a whole, in addition to the relevant case law, this Court finds that the Motion is due to be DENIED at this time for the following reasons. JURISDICTION This Court has...
MEMORANDUM OPINION AND ORDER AND JUDGMENT DENYING DEBTOR A DISCHARGE JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter having come before the Court on the Motion For Summary Judgment, pursuant to FRBP 7056 and FRCP 56, and Narrative Summary of Undisputed Facts and Brief (doc. 11, 12) filed by Mark S. Zimlich, Bankruptcy Administrator for the Southern District of Alabama, and notice having been given, and a hearing held on September 18, 2018, and W. Alexander Gray Jr. having...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on June 5, 2018, on the Motion to Compel Chapter 11 Trustee to Amend Debtor's Statements and Schedules and to Investigate Claims, or in the alternative to Proceed Derivatively filed by creditors Adams and Reese, LLP and Crimson Portfolio, LLC (hereinafter "the Creditors"), to which the Bankruptcy Administrator (hereinafter, "BA") and the Chapter 11 Trustee, A. Richard...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND GRANTING ALTERNATIVE REQUEST FOR MORE DEFINITE STATEMENT JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on April 24, 2018, on Defendant, Victor LaForce's Motion to Dismiss Complaint or In The Alternative For A More Definite Statement (Doc. 10), and the Plaintiff's Response in Opposition thereto. (Doc. 16). Appearing on behalf of the Trustee Plaintiff were attorneys Jerry...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for a hearing on January 30, 2018, on creditor Crimson Portfolio, LLC's (hereinafter "Crimson") and Adams and Reese, LLP's (hereinafter "A & R") (altogether, "Movants") Joint Motion for Amendment of Order and Appointment of Unsecured Creditors' Committee. (Does. 601, 603, 604, 886, 887). The Internal Revenue Service (hereinafter "I.R.S.") filed an objection to the Motion, in which...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankrutpcy Judge . This matter is before the Court on the Trustee's Motion to Alter or Amend Order Granting Henry Marine's Motion for Administrative Expenses. That Order, (Doc. 86), entered December 20, 2017, allowed Henry Marine Service, Inc. ("Henry Marine") an administrative expense claim pursuant to 11 U.S.C. 503(b) for expenses related to preserving and maintaining a barge now known as the AGB 1801 (hereinafter, "the 1801"). The...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on January 25, 2018 for Confirmation of the Debtor's Chapter 13 Plan of Reorganization and the oral Objection to Confirmation of the Chapter 13 Trustee. In particular, the Chapter 13 Trustee objects to the Debtor's post-petition voluntary contributions to her 401(k) retirement plan on the grounds that the amount of such contributions should be considered disposable income and the...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on November 13, 2017, for an evidentiary hearing on the Trustee's Motion to Approve Compromise Under Rule 9019 (Docs. 571, 644) and Debtor's Response in Opposition thereto. (Doc. 684). 1 The hearing took place over the course of two days and the parties were given additional time thereafter to file by brief their closing arguments and position statements regarding the evidence...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, Jr. , Bankruptcy Judge . This Adversary Proceeding came before the Court on October 12, 2017, for a trial on the merits of the Amended Complaint filed by Plaintiffs Sharon Dotson, Aleka Bell, and Elaine Edwards against Debtor Edward Watson. (Doc. 35). Appearing on behalf of Plaintiffs was attorney Larry Moorer, and on behalf of Defendant Debtor was attorney John Grow. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C....
