Chapter 11 MEMORANDUM OPINION ON OBJECTIONS TO CLAIMS FILED BY ERIC L. MOORE K. RODNEY MAY , United States Bankruptcy Judge Since 1997, the debtor, Bambi Alicia Herrera-Edwards ("Herrera-Edwards" or "debtor") has received royalty income derived from the music compositions of her late husband, Bernard Edwards. In this adversary proceeding, she is challenging claims filed by Eric L. Moore, who holds himself out as a "treasure hunter" of artists' royalties. 1 He has filed multiple claims...
ORDER DENYING MOTION FOR REHEARING, RECONSIDERATION AND/OR TO ALTER OR AMEND SUMMARY JUDGMENT ORDER CARYL E. DELANO , Bankruptcy Judge . THIS PROCEEDING came on for consideration, without a hearing, of the Motion for Rehearing, Reconsideration and/or to Alter or Amend Summary Judgment Order filed by Plaintiffs, Regions Bank and the Chapter 7 Trustee (the "Motion"). 1 Having reviewed the Motion and the responses filed by the Impleaded Third-Party Defendants (the "Impleaded Defendants")...
ORDER GRANTING DEBTOR'S VERIFIED MOTION TO VALUE CLAIM OF NATIONSTAR MORTGAGE, LLC (DOC. NO. 16) ARTHUR B. BRISKMAN , Bankruptcy Judge . This matter came before the Court on the Verified Motion to Value Claim of Nationstar Mortgage, LLC (Doc. No. 16) (the "Motion to Value") filed by the Debtor seeking to value the secured claim of Nationstar Mortgage, LLC (the "Creditor") and the Creditor's Supplemental Response to the Motion to Value (Doc. No. 31) (the "Response"). The Motion to Value is...
FINAL JUDGMENT KAREN S. JENNEMANN , Bankruptcy Judge . This adversary proceeding came on for trial on August 24, 2015, on the Complaint filed by the Plaintiff, Jason Hanson, individually, and on behalf of Minor Child OFH, against the Debtor, Vanessa Brown. Consistent with the findings of fact and conclusions of law entered contemporaneously, it is ORDERED : 1. Judgment is entered in favor of the Plaintiff, Jason Hanson, individually, and on behalf of Minor Child OFH, and against the...
ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY PAUL M. GLENN , Bankruptcy Judge . THIS CASE came before the Court for hearing to consider the Motion for Relief from the Automatic Stay filed by CIT Bank, N.A. fka One West Bank N.A. (the Bank). (Doc. 14). The Debtor, Terri L. Harmon, filed a written Objection to the Motion. (Doc. 22). Pursuant to the decision of the United States Supreme Court in Johnson v. Home State Bank , 501 U.S. 78 (1991), a debtor is permitted to treat a lien...
ORDER ON CONFIRMATION OF SECOND AMENDED CHAPTER 13 PLAN PAUL M. GLENN , Bankruptcy Judge . THIS CASE came before the Court for an evidentiary hearing to consider confirmation of the Second Amended Chapter 13 Plan filed by the Debtors, Richard James Whiting and Tammy Lynette Whiting. (Doc. 44). The Chapter 13 Trustee objects to confirmation of the Plan. (Doc. 58). Under 506(a) of the Bankruptcy Code, a lienholder's claim is a secured claim to the extent of the value of the property, and...
ORDER ON MOTION TO ALLOW LATE PROOF OF CLAIM (CLAIM #10-1) FILED BY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION PAUL M. GLENN , Bankruptcy Judge . THIS CASE came before the Court for hearing to consider the Motion to Allow Late Proof of Claim (Claim #10-1) filed by JPMorgan Chase Bank, National Association (the Bank). (Doc. 64). The Bank holds a mortgage on the Debtors' homestead property, but did not file a Proof of Claim before the claims bar date of February 10, 2014. On May 9, 2014,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW MICHAEL G. WILLIAMSON , Bankcruptcy Judge . THIS PROCEEDING came before the Court on April 29, 2014 at 9:30 a.m. for a trial between Robert E. Tardif (the " Trustee "), the Chapter 7 Trustee for the substantively consolidated bankruptcy estate of Ulrich Felix Anton Engler, Private Commercial Office, Inc., and PCO Client Management, Inc. (" Engler ," " PCO ," and " PCOM ," respectively, or collectively the " Debtors ") against Frank Forstmann (the "...
MEMORANDUM OPINION ON SUMMARY JUDGMENT Michael G. Williamson , Chief United States Bankruptcy Judge . To prevail on a claim under Bankruptcy Code 523(a)(6), a creditor must prove that the debtor deliberately and intentionally injured him by a willful and malicious act. Here, Michael Perry, who had a $2.8 million claim against Wallace Clark, one of the Debtors in this case, alleges that Clark deliberately and intentionally injured him by fraudulently transferring away the only assets...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Judge Jennemann . The issue is whether a mother, the Debtor, can discharge a debt arising from her improper use of monies in her daughter's college savings account. I hold that the Debtor cannot discharge this debt to her daughter under 523(a)(6 and 15) of the Bankruptcy Code. 1 On January 22, 2007, the Debtor opened a Florida Prepaid College Savings Account (the "Account") for the benefit of her daughter, OFH. 2 Debtor was the only owner...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Michael G. Williamson , United States Bankruptcy Judge . The Plaintiffs — two medical practices — allege that Dr. DeMasi (a managing member of both of them) intentionally concealed their management company's poor performance to further an undisclosed business interest he had with the management company or its subsidiary. In short, the Plaintiffs' management company created a subsidiary to manage, operate, and handle billing for endoscopic ambulatory...
MEMORANDUM OPINION AND ORDER GRANTING, IN PART, THE PLAINTIFF'S MOTION TO AWARD ATTORNEYS' FEES K. RODNEY MAY , Bankruptcy Judge . This proceeding came on for hearing on October 21, 2014, on the Plaintiff's Motion to Award Attorneys' Fees 1 (the "Motion") and the Defendant's response in opposition. 2 The Court heard arguments from both sides, and then took the Motion under advisement. For the reasons set forth below, the Court will grant the Motion, in part, and award $19,800.00 in...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon Motion to Modify Confirmed Plan filed by Debtor (the "Motion to Modify") (Doc. 127). The Chapter 13 Trustee (the "Trustee") filed an Objection to the Motion to Modify. The Court conducted an evidentiary hearing on the matter on October 14, 2015 and elected to take the matter under advisement. Upon the evidence and the applicable law, the Court makes the following Findings of Fact...
MEMORANDUM OPINION ON AMOUNT OF CLAIM Michael G. Williamson , Chief United States Bankruptcy Judge . More than three years ago, a state court denied Branch Banking & Trust's attempt to foreclose its mortgage on the Debtor's property because the state court determined BB & T had improvidently declared a default. Now, as part of its claim in this bankruptcy case, BB & T seeks to recover interest that accrued on its loan while its foreclosure action was pending, as well as attorney's fees...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge. This case came before the Court upon Creditor, WHITNEY BANK, f/k/a HANCOCK BANK's ("Hancock") 1 Verified Motion to Dismiss Case or, Alternatively, Grant Relief from the Automatic Stay (Doc. 32). The Court conducted an evidentiary hearing on the matter on August 24, 2015. The parties stipulated to a number of facts. In addition, Hancock presented the testimony of a witness. Debtor does not object to dismissal of...
FINDINGS OF FACT AND CONCLUSIONS OF LAW CYNTHIA C. JACKSON , Bankruptcy Judge . This case came before the Court for a three-day trial on the dischargeability of debt asserted in the Second Amended Complaint (Doc. No. 45; the "Second Amended Complaint"). At the conclusion of the trial, the Court requested proposed findings of fact and conclusions of law from the parties, which they timely submitted on March 9, 2015. 1 Having considered the evidence and the arguments of the parties, both in...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DETERMINING PLAINTIFF'S DEFAMATION CLAIM TO BE DISCHARGEABLE K. Rodney May , United States Bankruptcy Judge INTRODUCTION " And when they went and interviewed that girl down in Kissimmee, they never showed me a picture of her." 1 By itself, this remark by Casey Anthony ("Debtor"), made to her parents nine days after being arrested in connection with the disappearance of her two-year old daughter, would appear to...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon Motion to Value Secured Claim 9 of Pennymac Loan Services, LLC ("Pennymac") (Doc. 73). The Court conducted an evidentiary hearing on July 27, 2015 to determine whether Debtor has standing to value Pennymac's claim. In lieu of oral argument, the Court directed the parties to submit memoranda in support of their respective positions. Upon the evidence and the applicable law, the...
MEMORANDUM OPINION GRANTING CREDITORS' MOTION TO COMPEL DEBTOR'S COMPLIANCE WITH CHAPTER 11 PLAN CONFIRMATION ORDER KAREN S. JENNEMANN , Chief Bankruptcy Judge. Creditors, the Machado Family Limited Partnership No. 1 ("Machado 1") and the Machado Family Limited Partnership No. 3 ("Machado 3") (collectively, the "Machado Creditors"), seek to compel 1 the Debtor, 8 Mile Ranch, LLC, to transfer about 1,300 acres of real property to the Machado Creditors as offered in the Debtor's Chapter...
ORDER DENYING MOTION TO REOPEN BANKRUPTCY CASE AND TO COMPELDEBTORS TO COMPLY WITH INTENTION TO SURRENDER REAL PROPERTY CARYL E. DELANO , Bankruptcy Judge . THIS CASE came on for consideration, without a hearing, of the Motion to Re-open Bankruptcy Case, to Compel Debtors to Comply with Intention to Surrender Real Property, and for Other Relief, and Incorporated Memorandum of Law (Doc. No. 63) (the "Motion") filed by Bank of America, N.A. (the "Bank"). The Motion asserts that Debtors,...
