MEMORANDUM OPINION JOHN T. LANEY, III , Chief Judge . This matter comes before the Court on Motions for Summary Judgment (the "Motion") filed by defendants McCalla Raymer, LLC ("McCalla"), SunTrust Bank and SunTrust Mortgage, Inc. (collectively "SunTrust"). McCalla filed its motion individually, while SunTrust Bank and SunTrust Mortgage filed a joint motion and also adopted the factual and legal arguments put forth in the McCalla motion. Together, the motions for summary judgment filed by...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. This matter comes to the Court on the motion to dismiss by the United States of America, Department of Treasury, d/b/a Internal Revenue Service ("IRS"). For the reasons stated herein, the motion is granted. FACTS AND PROCEDURAL POSTURE The facts in this case are not in dispute and are established by the record. Debtors filed their voluntary Chapter 13 petition on November 5, 2007. Their plan was confirmed by order dated February 27,...
MEMORANDUM OPINION JOHN T. LANEY, III, Chief Judge. This matter is before the Court on Debtor, FMB Bancshares, Inc.'s, Motion to Dismiss the Involuntary Chapter 7 Petition (the "Motion") filed by Trapeza CDO XII, LTD ("Trapeza"). The Court heard oral arguments on the Motion on July 30, 2014, in Valdosta, Georgia. Appearing at the hearing were counsel and representatives of the Debtor, Trapeza, Wilmington Trust Company, Farmers and Merchants Bank, and the FDIC. At the conclusion of the hearing,...
MEMORANDUM OPINION JAMES P. SMITH, Bankruptcy Judge. PMF Enterprises, Inc. ("PMF") and KPB Enterprises, LLC ("KPB") were related entities operating a convenience store in Perry, Georgia. This matter arises from the objection by PMF to the claim of SouthCrest Bank, as successor in interest to Century Security Bank ("South-Crest"). As will be explained below, SouthCrest had no privity of contract with PMF, and the debtor with whom it did have privity, KPB, essentially had no assets....
