Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE NOTICE OF DEFAULT UNDER TERMS OF CONSENT ORDER S. MARTIN TEEL, JR.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Not for publication in West's Bankruptcy Reporter.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NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING AMENDED APPLICATION TO IMPOSE AUTOMATIC STAY AND REQUEST FOR EMERGENCY HEARING S. MARTIN TEEL, JR.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Not for publication in West's Bankruptcy Reporter.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...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE MOTION TO RECONSIDER ORDER DENYING APPLICATION TO EMPLOY COUNSEL S. MARTIN TEEL, JR. , Bankruptcy Judge . On August 16, 2019, the debtor commenced this case, and on August 19, 2019, the debtor filed an application under Fed. R. Bankr. P. 2014(a) to employ Steven H. Greenfeld and Cohen Baldinger & Greenfeld, LLC as counsel to represent it as a debtor in possession. On September 9, 2019, the court denied that application because the...
NOT FOR PUBLICATION MEMORANDUM DECISION RE DEFENDANT'S MOTION FOR SANCTIONS S. MARTIN TEEL, JR. , Bankruptcy Judge . After judgment was entered in her favor dismissing this adversary proceeding, the defendant, Sharra Neves Carvalho, filed a Motion for Sanctions (Dkt. No. 181), requesting that sanctions be levied against Matthew August LeFande, counsel for the plaintiff, Teodora Aureliana Simu, pursuant to 28 U.S.C. 1927, and against both LeFande and Simu, jointly and severally, under...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR ENTRY OF DEFAULT S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff, who is also the debtor in the underlying bankruptcy case and shall be hereafter referred to as "the debtor," has filed requests for entry of default against the defendants Nicholas Lampariello and National Home Investment LLC. For the following reasons, those requests must be denied. I The debtor originally filed motions for entry of default...
Not for publication MEMORANDUM DECISION RE MOTION TO DISMISS S. MARTIN TEEL, JR. , Bankruptcy Judge . This addresses the motion to dismiss filed by the defendant 408 Richwood, LLC, ("Richwood"), under Fed. R. Civ. P. 12(b)(6), made applicable by Fed. R. Bankr. P. 7012, for the plaintiff's failure to state a claim for which relief may be granted. For the following reasons, I will dismiss the complaint. I FACTS The plaintiff and her son, Darrell Johnson, were owners of the real property...
Not for Publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DENYING MOTION TO CONVERT CASE TO CHAPTER 13 S. MARTIN TEEL, JR. , Bankruptcy Judge . The court will deny the debtor's motion to convert this case to Chapter 13 for the following reasons. The debtor commenced this case on July 13, 2017, as a case under Chapter 7 of the Bankruptcy Code. In order to obtain a discharge, the debtor was required to file by October 16, 2017, a Certification About a Financial...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE DISTRIBUTION OF SURPLUS FUNDS S. MARTIN TEEL, JR. , Bankruptcy Judge . The chapter 7 trustee in this case anticipates that, after all creditors are paid, including trustee commission and administrative attorneys' fees, a surplus will exist. The debtor is a 26 U.S.C. 501(c)(3) tax-exempt entity, and 26 C.F.R. 1.501(c)(3)-1(b)(4) sets forth requirements for qualifying as a 501(c)(3) entity insofar as...
Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER REQUIRING COUNSEL FOR DEBTOR TO DISGORGE $400 IN FEES RECEIVED BASED ON FAILURE TO APPEAR AT A HEARING S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor's counsel, Charles Tucker, Jr., failed to appear at the continued hearing of July 26, 2019, on the trustee's motion to dismiss this case. The court entered an order directing Tucker to show cause why sanctions (including a disgorgement of fees) ought not be...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION RE MOTION TO DISMISS S. MARTIN TEEL, JR. , Bankruptcy Judge . The court will grant the pending motion to dismiss this adversary proceeding. For the same reasons stated in the Memorandum Decision and Order Denying Motion for Injunctive Relief (Dkt. No. 10), the court lacks subject matter jurisdiction over this adversary proceeding under 28 U.S.C. 1334(b). First, the claim that the defendants stole documents of the...
Not for publication in West's Bankruptcy Reporter MEMORANDUM DECISION AND ORDER DENYING APPLICATION FOR WAIVER OF APPEAL FEES AND COSTS S. MARTIN TEEL, JR. , Bankruptcy Judge . The debtor has filed a notice of appeal (Dkt. No. 51) of "All Orders, Judgements, or Decrees on July 29 and August 1, 2019." Additionally, the debtor filed Plaintiff's Waiver Application to Proceed Without Prepaying Fees or Costs (Dkt. No. 50), wherein the debtor seeks a waiver from paying the appeal filing fee....
