MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Plaintiff's objection to dischargeability of a claim against Debtor. This matter came on for trial on September 20, 2012. The Court, having considered the testimony and other evidence presented, the stipulation of facts, the post-trial briefs, and the applicable law, now publishes this memorandum opinion. FACTS Debtor Terry Robert Freeman, James Bailey and Kenneth Folsom signed a note dated December 8, 2006, in favor...
Memorandum Opinion JOHN T. LANEY, III, Chief Judge. On October 12 the Court entered an order denying the trustee's Motion to Reopen Case and issued an opinion explaining the Court's findings and conclusions. See In re Webb, No. 09-70165-JTL, 2012 WL 4857042 (Bankr.M.D.Ga. Oct. 12, 2012). The trustee now moves the Court to reconsider that order. For the reasons set forth below, the Court will grant the trustee's motion. Background Johnny Webb was diagnosed with congestive heart failure in...
AMENDED MEMORANDUM OPINION * JAMES D. WALKER, Jr., Bankruptcy Judge. This matter comes before the Court on the Chapter 7 Trustee's motion to extend time to file an objection to discharge. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(J). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Findings of Fact Debtor...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. This matter presents the issue of whether a debtor, pursuant to a Chapter 13 plan, can use 11 U.S.C. 506(a) to value a motor vehicle which had been acquired more than 910 days prior to the bankruptcy filing and then surrender that vehicle in full satisfaction of the creditor's claim where the value so determined is equal to or greater than the creditor's claim. BACKGROUND Debtor filed his Chapter 13 case on July 16, 2012. Santander...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is the Chapter 13 Trustee's objection to confirmation of Debtor's Chapter 13 plan. A hearing on confirmation of the plan and the trustee's objection was held on October 9, 2012. The Court, having considered the record and the applicable law, now publishes this memorandum opinion. FACTS The material facts are not in dispute. Debtor Otis L. Ellis filed a Chapter 13 case on June 24, 2012. Debtor's Schedules I and J show...
MEMORANDUM OPINION JAMES D. WALKER, JR., Bankruptcy Judge. This matter comes before the Court on Debtor's motion to use cash collateral. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(M). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Findings of Fact On December 5, 2011, Debtor Stephen S. Putnal filed a...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Plaintiffs' motion for partial summary judgment in which Plaintiffs seek a determination that certain claims against Defendant/Debtor ("Debtor") are nondischargeable under 11 U.S.C. 523(a)(6), and that Debtor should be denied a discharge under 11 U.S.C. 727(a). The Court, having considered the record and the applicable law, now publishes this memorandum opinion. "A motion for summary judgment should be granted when `...
MEMORANDUM OPINION JAMES D. WALKER, Jr., Bankruptcy Judge. This matter comes before the Court on Debtor-Defendant's motion to dismiss. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(I). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Background Plaintiff Paul Sheets hired J.D. Carter & Associates, which is...
MEMORANDUM OPINION JAMES D. WALKER, Jr. Bankruptcy Judge. This matter comes before the Court on TransMontaigne Product Services, Inc.'s motion for summary judgment on its complaint to determine the dischargeability of a debt. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(I). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy...
ORDER JAMES P. SMITH, Bankruptcy Judge. This matter presents the question of whether, under the facts of this case, the deadline for filing a complaint objecting to the dischargeability of a debt should be equitably tolled so as to allow a creditor to file his complaint after the deadline has expired. Kendrell Bell ("Bell") filed his motion to extend the time to file a complaint objecting to the dischargeability of his claim (Docket No. 181) supported by a declaration pursuant to 28 U.S.C....
ORDER DIRECTED TO EMPLOYER AMENDED ORDER JOHN T. LANEY, III, Chief Bankruptcy Judge. The above Debtor having filed a plan formulating periodic payments by the Debtor to the Trustee for adjustment of debts, to be disbursed as required by law; and, It appearing to the Court that in the best interest of efficient and expeditious administration of the Debtor's estate, and to ensure the success of Debtor's plan, the Debtor's employer should deduct the sum proposed by the Debtor's plan from the...
MEMORANDUM OPINION JAMES D. WALKER, Jr., Bankruptcy Judge. This matter comes before the Court on Debtor's motion to strike ballots of William and Jane Rivers. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(A), (L). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Findings of Fact Debtor Charles Jefferson Jones...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. Before the Court is Plaintiff's motion for summary judgment in which Plaintiff seeks a determination that a certain obligation is nondischargeable under 11 U.S.C. 523(a)(2)(B). The Court, having considered the record and the applicable law, now publishes this memorandum opinion. "A motion for summary judgment should be granted when `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the...
AMENDED MEMORANDUM OPINION * JAMES P. SMITH, Bankruptcy Judge This case presents the issue of whether Debtor's obligation under a divorce settlement agreement to provide his former wife with a house in which to live is dischargeable under 11 U.S.C. 523(a)(5) and 1328(a)(2). After a trial held on January 24, 2012, the Court publishes these findings of fact and conclusions of law pursuant to Fed. R. Bank. P. 7052 and Fed. R. Civ. P. 52(a)(1). FACTS Neal ("Debtor") and Norma ("Norma")...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. This case presents the issue of whether Debtor's obligation under a divorce settlement agreement to provide his former wife with a house in which to live is dischargeable under 11 U.S.C. 523(a)(5) and 1328(a)(2). After a trial held on January 24, 2012, the Court publishes these findings of fact and conclusions of law pursuant to Fed. R. Bank. P. 7052 and Fed. R.Civ.P. 52(a)(1). FACTS Neal ("Debtor") and Norma ("Norma") Pylant...
MEMORANDUM OPINION JAMES D. WALKER, Jr., Bankruptcy Judge. This matter comes before the Court on William and Jane Rivers' objection to ballots cast by Certus Bank. This is a core matter within the meaning of 28 U.S.C. 157(b)(2)(A), (L). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052. Findings of Fact Debtor Charles Jefferson...
