MEMORANDUM DECISION S. MARTIN TEEL, JR., Bankruptcy Judge. This addresses the reorganization plans submitted by the debtors, Walkabout Creek Limited Dividend Housing Association Limited Partnership ("Walkabout I") and Walkabout Creek II Limited Dividend Housing Association Limited Partnership ("Walkabout II"). This constitutes the court's findings of fact and conclusions of law regarding whether those plans can be confirmed. For the reasons set forth below, I will deny confirmation. The...
MEMORANDUM DECISION RE DEBTOR'S LIMITED OBJECTION TO PACA TRUST CLAIM OF UPTOWN PRODUCE CONNECTION, INC. S. MARTIN TEEL, JR., Bankruptcy Judge. This addresses the Debtor's Limited Objection to PACA Trust Claim of Uptown Produce Connection, Inc. The debtor objected to the attorney's fees included in Uptown's claim. At a hearing on August 16, 2011, the court decided that a portion of the fees incurred in pursuing the debtor's principals were not recoverable from the PACA Trust. This...
MEMORANDUM DECISION S. MARTIN TEEL, JR., Bankruptcy Judge. In July 2010, the court held a four-day trial in the above-captioned adversary proceeding on the plaintiff's claims. The following represents the court's findings of facts and conclusions of law. I The plaintiff, Nation's Capital Child and Family Development (Nation's Capital), is a non-profit organization that provides child care services to underprivileged children in the District of Columbia. Nation's Capital was founded in 1964...
MEMORANDUM DECISION AND ORDER ADDRESSING RENEWED MOTIONS FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR., Bankruptcy Judge. In a previous order dealing with cross-motions for summary judgment, I granted the trustee's motion for summary judgment on his preference action as to all issues except as to Scott & Reid's 11 U.S.C. 547(c)(1) defense that the payment it received pre-petition was a contemporaneous exchange for new value. Webster v. Scott & Reid Gen. Contractors, Inc. (In re NETel Corp.,...
MEMORANDUM DECISION RE DEBTOR'S MOTION FOR SANCTIONS AGAINST WACHOVIA BANK, N.A. S. MARTIN TEEL, JR., Bankruptcy Judge. This addresses the Debtor In Possession's Motion for Sanctions directed against Wachovia Bank, N.A. 1 I The debtor, Randolph Towers Cooperative, Inc., filed its voluntary petition for relief under chapter 11 of the Bankruptcy Code (11 U.S.C.) on March 29, 2011. The debtor is operating its business and managing its property as a debtor in possession pursuant to 11 U.S.C....
MEMORANDUM DECISION AND ORDER REGARDING DEFENDANT'S MOTION TO DISMISS SECOND AMENDED COMPLAINT S. MARTIN TEEL, JR., Bankruptcy Judge. The plaintiff, Wyatt, alleges that the defendant, Carpenter, induced her to enter into a contract for him to perform work on her home in the District of Columbia by fraudulently representing that he held a license to perform home improvement work in the District of Columbia. She obtained a $55,540 judgment against Carpenter in the Superior Court for the...
