Not for publication MEMORANDUM DECISION AND ORDER RE MOTION TO DISMISS AMENDED COUNTERCLAIMS S. MARTIN TEEL, JR. , Bankruptcy Judge . MCI Communications Services, Inc. and Verizon Select Services Inc., the plaintiffs and counterclaim-defendants in this adversary proceeding, have filed a motion to dismiss the amended counterclaims of Core Communications, Inc. ("Core"), the defendant and counterclaim-plaintiff in this adversary proceeding and the debtor in the main bankruptcy case. The...
Not for publication MEMORANDUM DECISION AND ORDER STRIKING AMENDED MOTION TO AVOID LIEN S. MARTIN TEEL, JR. , Bankruptcy Judge . On February 18, 2020, the court entered a Memorandum Decision and Order Re Debtor's Motion to Reopen Case and Motion to Avoid Lien (Dkt. No. 65). Pursuant to that order: the debtor's Motion to Reopen Case (Dkt. No. 61) will be denied unless within 35 days after entry of this order the debtor files an Amended Motion to Reopen Case (for which no fee will be...
Not for Publication MEMORANDUM DECISION AND ORDER RE MOTION TO DISPUTE DISCHARGE S. MARTIN TEEL, JR. , Bankruptcy Judge . Siah Johnson, a creditor of the debtor, has filed a motion (Dkt. No. 13) objecting to the debtor's discharge. Johnson's motion, filed as a Praecipe, states: I motion to dispute the discharge of my individual debt based on fraud under 11 USC 727(a)(8). Mrs. Long has multiple jobs and spousal support. The motion can be read as seeking a denial of discharge based on...
Not for Publication MEMORANDUM DECISION AND ORDER RE CONFIRMATION OF PLAN S. MARTIN TEEL, JR. , Bankruptcy Judge . The objection of Ocwen, the debtor's mortgagee, to the debtor's proposed amended plan must be overruled. The debtor's proposed plan provides that the debtor will pay directly outside of the plan Ocwen's secured claim, including any unsecured portion of the claim. The plan also indicates that an anticipated sale of the debtor's real property may not be sufficient to satisfy...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE DEBTOR'S MOTION TO REOPEN CASE AND MOTION TO AVOID LIEN S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a Motion to Reopen Case in which he requests that the case be reopened so that he may file a Motion to Avoid Lien recorded by a creditor, Discover Bank, against his exempt property. The debtor's Motion to Avoid Lien assumes that the judgment lien is void by reason of 11 U.S.C. 524(a)(1), but that provision does...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE FAUSTO FABRE'S MOTION TO AMEND CLAIM TO INCLUDE ATTORNEYS' FEES AND SETTING SCHEDULING CONFERENCE S. MARTIN TEEL, JR. , Bankruptcy Judge . On May 21, 2019, the court entered a Scheduling Order Regarding Issue of Fausto Fabre's Attorney's Fees (Dkt. No. 491) (" Scheduling Order "), in which it ordered "that Fabre shall file a statement of attorney's fees by June 19, 2019, the debtor shall file a response by July 3, 2019, and Fabre...
MEMORANDUM DECISION AND ORDER RE MOTIONS FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff in this adversary proceeding, Dwain W. Tate ("Tate"), the debtor in the main bankruptcy case, has filed a second amended complaint seeking (1) declaratory relief voiding a foreclosure sale of property located at 3939 Pennsylvania Ave., SE, Unit 201, Washington, DC 20020 (the "Property") ("Count I") and (2) damages pursuant to 11 U.S.C. 362(k)(1) for the defendants' having...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING MOTION TO VACATE ORDERS GRANTING RELIEF FROM AUTOMATIC STAY AS TO LEASED PREMISES S. MARTIN TEEL, JR. , Bankruptcy Judge . On December 2, 2019, the debtor filed a Motion to Vacate Order Granting Motion to Obtain Relief from Automatic Stay as to Leased Premises (Dkt. No. 33) (" Motion to Vacate "). The Motion to Vacate requested that the court vacate its orders (Dkt. Nos. 27 and 28) entered on November 22, 2019, granting the...
NOT FOR PUBLICATION MEMORANDUM DECISION FIXING AMOUNT OF SANCTIONS AGAINST MATTHEW AUGUST LEFANDE S. MARTIN TEEL, JR. , Bankruptcy Judge . In a Memorandum Decision re Defendant's Motion For Sanctions (Dkt. No. 205) dated September 30, 2019, and entered on October 1, 2019, the court identified conduct of Matthew August LeFande (the plaintiff's attorney) for which the defendant, Sharra Neves Carvalho, was entitled to recover sanctions. Pursuant to a scheduling conference held on October...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE NOTICE OF DEFAULT UNDER TERMS OF CONSENT ORDER S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor opposed a Notice of Default filed by his mortgagee noting a default in making certain payments as required by a Consent Order Modifying Automatic Stay regarding the debtor's real property located at 107 7th Street, SE, Washington, D.C. This sets forth the disposition of that opposition. I Under the terms...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING APPLICATION TO PAY FILING FEE IN INSTALLMENTS S. MARTIN TEEL, JR. , Bankruptcy Judge . On November 15, 2019, the debtor filed an Application for Individuals to Pay the Filing Fee in Installments (Dkt. No. 80). The fee at issue is a fee for converting the case to Chapter 11 imposed by the hanging paragraph of 28 U.S.C. 1930(a). Even if the court has authority under Fed. R. Bankr. P. 1006 to permit...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING AMENDED APPLICATION TO IMPOSE AUTOMATIC STAY AND REQUEST FOR EMERGENCY HEARING S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor filed an Amended Motion to Impose Stay (" Amended Motion ") (Dkt. No. 30) and a Request for Emergency Hearing (Dkt. No. 31). The court denied the debtor's first Motion to Impose Stay (" Motion ") because the motion "failed to set forth adequate grounds to establish good faith in the filing of...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO STAY PENDING APPEAL S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a Motion to Stay Court's October 2, 2019 Order Pending Appeal and for an Immediate Administrative Stay (" Motion for Stay ") (Dkt. No. 99). The Motion to Stay seeks a stay of the order granting relief from the automatic stay to permit Capital Ventures International, LLC ("Capital Ventures") to proceed with a pending foreclosure action pursuant to a Mortgage...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO WAIVE TRANSCRIPT FEE S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a notice of appeal regarding this court's order granting relief from the automatic stay. The debtor's Motion to Waive Transcript Fees (Dkt. No. 106) seeks pursuant to 28 U.S.C. 1930(f)(3) a waiver of the fee for a transcript of the hearing that led to that order. The Motion to Waive Transcript Fees will be denied because the appeal is frivolous (such that...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE DEBTOR' MOTION FOR CIVIL CONTEMPT S. MARTIN TEEL, JR. , Bankruptcy Judge . This sets aside my oral ruling at the hearing of October 22, 2019, on the debtor's Motion for Civil Contempt, seeking to hold Rafael Gil in civil contempt for violating the discharge injunction arising from the court's order confirming the debtor's First Amended Plan of Reorganization (the " Plan "). That oral ruling found Gil...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING APPLICATION TO IMPOSE AUTOMATIC STAY S. MARTIN TEEL, JR. , Bankruptcy Judge . The court set a hearing on the debtor's Motion to Impose Stay. However, the opposition filed by Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS15 ("Deutsche Bank") convinces me that the Motion to Impose Stay ought to be denied without holding a...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE MOTIONS TO DISMISS S. MARTIN TEEL, JR. , Bankruptcy Judge . The defendants Maddison Management Services LLC ("Maddison Management"), CitiMortgage, Inc. ("CitiMortgage"), Capital Ventures International LLC ("Capital Ventures"), and National Home Investors, LLC ("National Home"), 1 have filed motions to dismiss (Dkt. Nos. 5, 15, and 24). The plaintiff's complaint fails to meet the pleading standards of the Federal Rules of Civil...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE MOTION TO DISMISS S. MARTIN TEEL, JR. , Bankruptcy Judge . At the hearing of October 15, 2019, on the motion to dismiss the debtor's current complaint in this adversary proceeding, the court addressed what it perceived were deficiencies in the complaint and directed that the plaintiff have until October 29, 2019, to file a further amended complaint. I summarize the matters as to which the plaintiff will amend the complaint, but expand...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING MOTION TO VACATE OR RECONSIDER ORDER DISMISSING ADVERSARY PROCEEDING S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor (the plaintiff herein) has filed a motion (which was timely under Fed. R. Bankr. P. 9023) to vacate or reconsider the order dismissing this adversary proceeding which asserted a claim to recover documents allegedly stolen by the defendants. The motion fails to show error in the court's conclusion that the court...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE DEBTOR'S MOTION TO DETERMINE VALUE OF PROPERTY SECURING AN ALLOWED CLAIM S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a motion (Dkt. No. 19) to determine $6,417.00 to be the value of a 2009 BMW X5 that secures a debt owed to Westlake Services, LLC dba Westlake Financial Services ("Westlake"). However, 11 U.S.C. 506(a)(2) requires that the value "be determined based on the replacement value of such property as of the...
