MEMORANDUM OPINION JOHN T. LANEY, III , Bankruptcy Judge . This Adversary Proceeding is before the Court to rule on the underlying legal issue as a matter of law per the parties' request. The parties filed statements of uncontested facts and briefs, which are being treated as cross-motions for summary judgment by agreement of the parties. The issue before the Court is whether a security deed may be avoided under 11 U.S.C. 544(a)(3) 1 because it lacks the seal of the notary public acting...
MEMORANDUM OPINION ON CREDITOR'S MOTION TO DISMISS THE CASE FOR CAUSE WITH PREJUDICE JOHN T. LANEY, III , Bankruptcy Judge . The Court held a hearing on the above-captioned Motion on November 3 and 4, 2016. Prior to the start of the hearing, counsel for the Movant and the Respondents stipulated that the case should be dismissed, but the Respondents disputed that it should be dismissed with prejudice or that any sanctions should be imposed. During the hearing, Respondent Marshall Stephen...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . On September 15, 2016, the Court held a hearing on what was scheduled as the Final Pre-Trial Conference for the adversary proceeding initiated by the Plaintiff, Wells Fargo Bank, N.A. ("Wells Fargo"), against the Defendant, Linwood Lovett ("Lovett"). The parties agreed that the Court should dispose of the following issue as a matter of law before rescheduling and conducting the Final Pre-Trial Conference: whether...
MEMORANDUM OPINION JOHN T. LANEY, III , Bankruptcy Judge . This contested matter comes before the Court on a Motion for Turnover of Property (the "Motion") by the Movant, the Debtor. In his Motion, the Debtor sought the turnover of garnished wages received by the Respondent, Quick Loan Company ("Quick"), after the filing of his bankruptcy petition. Additionally, the Debtor sought the turnover of garnished wages being held by the Municipal Court of Columbus ("Municipal Court") after the...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CROSS-MOTIONS FOR SUMMARY JUDGMENT JAMES P. SMITH , Bankruptcy Judge . In these related adversary proceedings, Plaintiff seeks to avoid and recover certain payments by Debtor James M. Donnan, III ("Donnan") to Defendants. Plaintiff has moved for summary judgment on Counts I and II of his complaints, while Defendants seek summary judgment on all counts asserted therein. Under the Supreme Court's decisions in Stern v. Marshall , 564 U.S....
Contested Matter MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This contested matter comes before the Court on a Motion for Relief from the Automatic Stay filed on January 8, 2016 by the Movant, Title Max. In this Motion, Title Max seeks relief from the stay to pursue its state rights against a 2006 Toyota Avalon (the "vehicle"). The Court held a hearing on February 2, 2016. At the hearing, the parties stipulated to facts and requested an order scheduling the...
Contested Matter MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This contested matter comes before the Court on a Motion for Relief from the Automatic Stay filed on January 8, 2016 by the Movant, Title Max. In this Motion, Title Max seeks relief from the stay to pursue its state rights against a 2006 Dodge Charger (the "vehicle"). The Court held a hearing on February 2, 2016. At the hearing, the parties stipulated to facts and requested an order scheduling the...
MEMORANDUM OPINION Austin E. Carter , United States Bankruptcy Judge . Before the Court are the Defendant's and the Trustee's cross-motions for summary judgment under Federal Rule of Civil Procedure ("Rule") 56, made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure ("Bankruptcy Rule") 7056. This adversary proceeding was filed by the Trustee — Walter W. Kelley, as trustee of Stephen Earl Mitchell's Chapter 7 bankruptcy case — seeking to avoid, under 544,...
MEMORANDUM OPINION John T. Laney, III , United States Bankruptcy Judge . This matter comes before the Court on a Motion to Dismiss for Failure to State a Claim upon which Relief may be Granted, Motion for Judgment on the Pleadings or Alternatively Motion for Summary Judgment (collectively the "Motion for Summary Judgment") 1 filed by Tommy E. Breedlove (the "Defendant") and a Cross Motion for Summary Judgment filed by Kenneth Storey (the "Plaintiff"). Additionally, the Plaintiff moved...
