Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE TRUSTEE'S FINAL REPORT S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the trustee's Final Report. No one has filed a timely objection to approval of the Final Report, but it contains an error, requiring a revision set forth herein. The Final Report lists $3,616.74 as available to pay to allowed timely filed general unsecured claims (that is, unsecured claims not entitled to priority). It proposes...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE MOTION TO RECUSE S. MARTIN TEEL, Jr. , Bankruptcy Judge . Invoking 28 U.S.C. 455(a) and 455(b)(1), the debtor seeks to have me recuse myself from hearing this case and the related adversary proceeding that asserts malpractice claims against the debtor's former attorneys, Jeffrey M. Sherman and Lerch, Early & Brewer, Chtd. The motion must be denied. As noted in Hinman v. Rogers , 831 F.2d 937 , 939 (10th Cir....
Not for publication MEMORANDUM DECISION AND ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT S. MARTIN TEEL, Jr. , Bankruptcy Judge . This is an adversary proceeding brought by Kimberly K. Edley, Conservator and Personal Representative for the Estate of Francia Lanier, against Anatolia V. Harper seeking a determination that Edley's claim against Harper, which has been reduced to a judgment entered by the Superior Court of the District of Columbia, is nondischargeable. Edley has filed a...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING MOTION PER FRCP RULE 59(e) S. MARTIN TEEL, Jr. , Bankruptcy Judge . The Motion Per FRCP Rule 59(e) (Dkt. No. 1088) filed by the debtor, Stephen Thomas Yelverton, seeks to vacate the Order Denying Further Motion to Require Chapter 7 Trustee to Release Exempt Funds (Dkt. No. 1084). The Motion Per FRCP Rule 59(e) must be denied. First, the exemption at issue was Yelverton's exemption claim of the...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE MOTION TO RECONSIDER AS SUPPLEMENTED S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor filed a motion (Dkt. No. 219) (" Reconsideration Motion" ) seeking reconsideration of the court's order confirming the plan filed by BWF Private Loan Fund, LLC ("BWF"), and seeking, in the alternative, a stay of that order. The confirmed plan calls for the debtor to vacate her home ("the Property") and for a sale by a...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AND FOR DEFAULT JUDGMENT S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor, LaTricia L. Hardy, opposes the motion filed by the plaintiff, Bryan S. Ross, Chapter 7 trustee, seeking summary judgment against the debtor and a default judgment against the debtor's co-owner. The debtor principally argues that the debtor has attacked the validity of a lien against the property...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER REGARDING DEBTOR'S MOTION TO STRIKE PORTIONS OF CREDITOR'S SECOND AMENDED COMPLAINT S. MARTIN TEEL, Jr. , Bankruptcy Judge . On February 16, 2016, the plaintiff creditor filed an Amended Complaint in this adversary proceeding (Dkt. No. 5). In response, the debtor defendant filed a motion to dismiss counts II-VIII and XI-XV of the amended complaint and seeking a more definite statement regarding counts I, IX,...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR RECONSIDERATION S. MARTIN TEEL, Jr. , Bankruptcy Judge . On February 16, 2016, plaintiff creditor Simu filed an Amended Complaint seeking denial of a discharge for the defendant debtor, Carvalho, and seeking a determination that a judgment recovered by Simu in the Superior Court of the District of Columbia is nondischargeable (Dkt. No. 5). Carvalho...
Not for publication. MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. S. MARTIN TEEL, Jr. Bankruptcy Judge . The plaintiff filed a motion for summary judgment (Dkt. No. 7), the defendant filed an opposition (Dkt. No. 13), and the plaintiff filed a reply thereto (Dkt. No. 14). The plaintiff then filed a renewed motion for summary judgment (Dkt. No. 18), the defendant filed an opposition thereto (Dkt. No. 23), and the plaintiff filed a reply (Dkt. No. 24). For...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION SETTING FEES AWARD PURSUANT TO ORDER RE THE DEBTOR'S APPLICATION FOR ORDER DIRECTING WALDE MANAGEMENT, INC., TO SHOW CAUSE S. MARTIN TEEL, Jr. , Bankruptcy Judge . Pursuant to the hearing of November 8, 2016, the court has found in an oral decision of that date that the debtor incurred $7,065 in attorney's fees that are to be awarded under 11 U.S.C. 362(k) for the violation of the automatic stay by his landlord,...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING MOTION TO AMEND THE COURT'S ORDER DENYING THE DEBTOR'S MOTION TO REOPEN S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has filed a motion to amend the court's prior order denying his motion to reopen this case. He seeks to have the prior order vacated and the case reopened, so that in addition to seeking the relief he previously wanted to pursue if the case were reopened, he would move first to...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION RE MOTION FOR SUMMARY JUDGMENT RE DEBTOR'S AMENDED OBJECTION TO CLAIM S. MARTIN TEEL, Jr. , Bankruptcy Judge . The Debtor, Cheng & Company L.L.C., filed an amended objection to the claim of MR 619 H Street Capital LLC ("MR 619"). MR 619 has filed a Motion for Summary Judgment regarding the objection. Before laying out the undisputed facts as framed by the parties, it will be useful to provide some background. The...
Not for publication MEMORANDUM DECISION AND ORDER RE THE DEBTOR'S APPLICATION FOR ORDER DIRECTING WALDE MANAGEMENT, INC., TO SHOW CAUSE S. MARTIN TEEL, Jr. , Bankruptcy Judge . On September 6, 2016, the court held a hearing on the debtor's Application For Order Directing Walde Management, Inc., To Show Cause Why It Should Not Be Held In Contempt For Willful Violation Of The Automatic Stay And Imposition Of Sanctions Under 11 U.S.C. 362(k) (" Application ") (Dkt. No. 30). This...
Not for publication MEMORANDUM DECISION AND ORDER DENYING MOTION TO REOPEN S. MARTIN TEEL, Jr. , Bankruptcy Judge . The debtor has filed a motion to reopen this case, seeking to have a trustee appointed to sell the debtor's interest in certain real property. This case was dismissed. Nothing would be gained by reopening the case when it stands in a dismissed status. Reopening a dismissed case does not alter the case's dismissed status. 1 Moreover, even if a dismissed case can be reopened,...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT S. MARTIN TEEL, Jr. , Bankruptcy Judge . The plaintiff's motion for partial summary judgment must be denied. The evidence upon which the plaintiff relies lacks sufficient detail to support a conclusion that 11 U.S.C. 727(a)(3) or 727(a)(7) requires a denial of discharge. I refer to the related entities by the shortened names used in the motion for partial...
Not for Publication MEMORANDUM DECISION RE DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT RE ALLEGATIONS ARISING FROM PROFESSIONAL SERVICES PERFORMED THROUGH JUNE 30, 2013 S. MARTIN TEEL, Jr. , Bankruptcy Judge . In its complaint, the plaintiff, Trigee Foundation, Inc., pursues malpractice claims against the defendants, the law firm of Lerch, Early & Brewer, Chtd. ("Lerch Early") and Jeffrey M. Sherman, who was an attorney in Lerch Early through the last work...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER DENYING MOTION TO QUASH SUBPOENA S. MARTIN TEEL, Jr. , Bankruptcy Judge . On February 28, 2016 the plaintiff creditor issued a subpoena on Bank of America, seeking all documents related to accounts held by the defendant debtor and/or Elite Insurance & Consulting Services, LLC ("Elite"), from January 1, 2016 until the date of the subpoena. On March 10, 2016, the defendant debtor filed a motion to quash the...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION RE AWARD OF FEES S. MARTIN TEEL, Jr. , Bankruptcy Judge . A prior order (Dkt. No. 86) 1 directed that Industrial Bank was entitled to recover its fees in pursuing the motion (Dkt. No. 52) that led to that order. The debtor has filed an objection to Joseph Pulver's affidavit of fees filed by Industrial Bank. The debtor objects that: 1. The Court entered an Order awarding the creditor Industrial Bank fees related to...
AMENDED MEMORANDUM DECISION RE TRUSTEE'S SPECIAL COUNSEL'S APPLICATION FOR COMPENSATION S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the application (titled Petition for Payment of Compensation to Special Legal Counsel) (Dkt. No. 948) filed by Ronald L. Gibson of Ruff, Bond, Cobb, Wade & Bethune, LLP, seeking allowance under 330(a)(1) of the Bankruptcy Code (11 U.S.C.) and Fed. R. Bankr. P. 2016 of a claim for compensation for acting as special counsel for the chapter 7...
Not for publication MEMORANDUM DECISION RE APPLICATIONS FOR ALLOWANCE AND PAYMENT OF CHAPTER 7 ADMINISTRATIVE EXPENSE CLAIMS S. MARTIN TEEL, Jr. , Bankruptcy Judge . Over the objections of the debtor, Stephen Thomas Yelverton, the court has allowed the application of the trustee, Wendell W. Webster, for compensation in the form of a commission; the application of Webster's law firm (Webster, Webster, Fredrickson, Correia & Puth, PLLC) for fees and reimbursement of expenses; and the...
