Not for publication MEMORANDUM DECISION AND ORDER RE MOTION TO DISMISS AMENDED COUNTERCLAIMS S. MARTIN TEEL, JR.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Not for publication MEMORANDUM DECISION AND ORDER STRIKING AMENDED MOTION TO AVOID LIEN S. MARTIN TEEL, JR.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Not for Publication MEMORANDUM DECISION AND ORDER RE MOTION TO DISPUTE DISCHARGE S. MARTIN TEEL, JR.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Not for Publication MEMORANDUM DECISION AND ORDER RE CONFIRMATION OF PLAN S. MARTIN TEEL, JR.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NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE DEBTOR'S MOTION TO REOPEN CASE AND MOTION TO AVOID LIEN S. MARTIN TEEL, JR.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NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RE FAUSTO FABRE'S MOTION TO AMEND CLAIM TO INCLUDE ATTORNEYS' FEES AND SETTING SCHEDULING CONFERENCE S. MARTIN TEEL, JR.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...
