ORDER W. HOMER DRAKE, Bankruptcy Judge. The above-styled Chapter 11 case comes before the Court on Cross-Motions for Summary Judgment (hereinafter collectively the "Motion(s)"), submitted by Craig Loren Albracht (hereinafter the "Debtor" or "Movant") and Hamilton State Bank, successor in interest to Douglas County Bank 1 (hereinafter the "Creditor" or "Respondent"). The Motions were filed in relation to the Debtor's Complaint for Declaratory Judgment and Other Relief (hereinafter the "...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAMES E. MASSEY, Bankruptcy Judge. In this adversary proceeding Plaintiff Veronica Giles asserts that Defendant James B. Nutter & Co. ("Nutter") violated the discharge injunction imposed by 11 U.S.C. 524 giving rise to a claim for damages, punitive damages, and attorney's fees. She further asserts that the Court should impose sanctions on Nutter. The Court conducted a trial on August 27, 2013. Pursuant to Rule 52 of the Federal Rules of Civil...
ORDER GRANTING MOTION TO HOLD ANNAMALAI ANNAMALAI IN CONTEMPT FOR VIOLATION OF THE BARTON DOCTRINE JAMES E. MASSEY, Bankruptcy Judge. On August 9, 2013, Lloyd T. Whitaker, the Chapter 11 Trustee in this case, filed a motion to hold Annamalai Annamalai in contempt and to impose other sanctions, Doc. No. 414 (the "Contempt Motion") for an alleged willful violation of the Barton doctrine by Mr. Annamalai for filing on July 29, 2013 a complaint in the U.S. District Court for the Southern...
ORDER GRANTING MOTION FOR AUTHORIZATION TO SELL REAL PROPERTIES FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS BARBARA ELLIS-MONRO, Bankruptcy Judge. This matter came before the Court for consideration of Debtor's "Motion for Authorization to Sell Real Properties Free and Clear of Liens, Claims, Encumbrances, and Interests" (the "Motion"), [Doc. No. 46], the objections to sale by Richard Franck, Oliver Walter Propheter, Ken Franck, and Mathis Airpark Residences Association ("...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ROBERT E. BRIZENDINE, Bankruptcy Judge. Before the Court is the motion of Defendants named above, Patsy Mae McDonald Dolin and David Ray Dolin, filed on April 22, 2013, to dismiss the complaint of Plaintiff-Chapter 7 Trustee. In the complaint, filed on March 26, 2013, the Trustee seeks to set aside and avoid an alleged fraudulent conveyance of certain real property by Debtor to Defendants on grounds of actual fraud...
ORDER OVERRULING DEBTOR'S OBJECTION TO CLAIM, IN PART, AND DISALLOWING $1,744.20 OF THE CLAIM MARY GRACE DIEHL, Bankruptcy Judge. Debtor's objection to claim filed by Homeward Residential Inc. came on for an evidentiary hearing on April 22, 2013. (Docket No. 21). Prior to the hearing, the claim at issue was transferred to Ocwen Loan Servicing, LLC ("Ocwen"). (Docket No. 38). Latrice Latin appeared at the hearing on behalf of Debtor. Celeste Cornell represented Ocwen. K. Edward Safir appeared...
ORDER W. HOMER DRAKE, Bankruptcy Judge. Before the Court is the Motion to Reconsider (hereinafter the "Motion"), filed by United Community Bank (hereinafter the "Plaintiff). The Motion seeks reconsideration of an order entered by the Court on January 29, 2013, in which the Court granted a Motion to Dismiss filed by Timothy P. Harper (hereinafter the "Debtor") of the Plaintiff's Complaint to Determine Dischargeability of a Debt. The Debtor opposes the Motion. This matter arises in a core...
ORDER AND NOTICE OF ASSIGNMENT OF CONTINUED TRIAL JAMES R. SACCA, Bankruptcy Judge. The Court commenced a bench trial in this adversary proceeding on August 27, 2013, and Ian Smith — the principal of two of the Defendants — testified that day regarding the circumstances surrounding his alleged purchase of the Debtor's home from Defendant Bruce Banks d/b/a/ Excelsior Property Holdings, LLC at a foreclosure sale. 1 On direct examination, Smith testified that he met Banks "on the courthouse...
ORDER GRANTING, IN PART, DEBTOR'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MARY GRACE DIEHL, Bankruptcy Judge. Pro se Plaintiffs, Thang Vu and Jennifer Khuu, filed a complaint against Debtor-Defendant Nobantu Ankoanda ("Debtor") on January 24, 2013. The complaint included numerous claims, including objections to discharge and dischargeability The complaint also included a claim under 18 U.S.C. 1014 and a request to determine the validity, extent and priority of liens. Debtor filed...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WENDY L. HAGENAU, Bankruptcy Judge. The parties have submitted over 1,600 pages of briefs, affidavits, depositions and evidence in an attempt to convince the Court of their rights to commissions and fees generated by discovering some of the most well-known child and teen stars in television and movies. The sheer volume of material suggests there are numerous disputed issues of fact. The Court has nevertheless...
ORDER W. HOMER DRAKE, Bankruptcy Judge. Before the Court is a Motion for Summary Judgment, filed by Bank of North Georgia (hereinafter the "Plaintiff"). The motion is opposed by Dennis McDowell (hereinafter the "Debtor" or "Defendant"). As this matter arises from a complaint objecting to the Debtor's discharge and to the dischargeability of a particular debt, it constitutes a core proceeding, over which this Court has subject matter jurisdiction. See 28 U.S.C. 157(b)(2)(I)-(J). FINDINGS...
FINDINGS OF FACT AND CONCLUSIONS OF LAW PAUL W. BONAPFEL, Bankruptcy Judge. The Plaintiff is the Plan Trustee under the confirmed Chapter 11 plan for the substantively consolidated estate of International Management Associates, LLC, and has authority to exercise the rights of a bankruptcy trustee to recover avoidable transfers for the benefit of creditors. The Plan Trustee, proceeding under 11 U.S.C. 544(b), seeks to recover, as fraudulent transfers under state law, the so-called "...
ORDER JAMES R. SACCA, Bankruptcy Judge. This case involves the foreclosure sale of the Debtor's home for a price that the Debtor contends represented pennies on the dollar. The Debtor commenced this adversary proceeding seeking to avoid the transaction as a fraudulent transfer for less than reasonably equivalent value pursuant to 548 of the Bankruptcy Code. Now before the Court is the Debtor's Motion for Summary Judgment. [Doc. 10]. The Defendants filed a response [Doc. 16] but have not...
ORDER DENYING MOTION TO DISMISS JAMES R. SACCA, Bankruptcy Judge. The issue before the Court is whether this adversary proceeding against the Debtor and related entities should be dismissed because the underlying bankruptcy case was dismissed after the proceeding was filed. This case involves a loan on a real estate development project. The failure of this project coincided with the recession in the construction industry and economy in 2008. In contrast to how rapidly the economy went...
ORDER ON PLAINTIFF'S MOTIONS TO COMPEL PAUL W. BONAPFEL, Bankruptcy Judge. The Chapter 7 Trustee in this adversary proceeding asserts that the Debtor, Frances Foster Parker, owned real estate that the Defendants, the Debtor's son and daughter-in-law, leased from her for 60 months under a written lease dated February 9, 2007, for use in their business known as Executive Auto. The lease provided for payment of monthly rent of $5,800 plus taxes and insurance. (Complaint, Exhibit "A"). The...
ORDER GRANTING DEBTOR'S MOTION TO DETERMINE SECURED STATUS OF CLAIM MARY GRACE DIEHL, Bankruptcy Judge. This case presents the legal question of whether section 506 of the Bankruptcy Code permits a chapter 7 debtor to "strip off" a junior mortgage lien where the value of the real property is less than the amount of debt securing the senior lien. This action is complicated by the recent unpublished decision entered by the Eleventh Circuit. In re McNeal, 477 Fed. Appx. 562 (11th Cir.2012)....
ORDER GRANTING CHAPTER 7 TRUSTEE LEAVE TO WIND UP THADIKAMALLA, L.L.L.P. MARY GRACE DIEHL, Bankruptcy Judge. This Court previously ruled that Debtor holds a 70% interest in a limited partnership, Thadikamalla, L.L.L.P., which was dissolved pre-petition but not wound up, terminated, or cancelled. ("Partial Summary Judgment Order"; Docket No. 51). The Chapter 7 Trustee then filed this Motion, seeking leave to wind up the Partnership. (Docket No. 56). The motion requests the following relief: (...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO PAY CRITICAL VENDORS MARY GRACE DIEHL, Bankruptcy Judge. This matter came on for hearing on January 30, 2013, in Rome, Georgia, on Debtor's Motion for an Order Authorizing, But Not Directing, Payment of Pre-petition Claims of Critical Vendors ("Motion"). (Docket No. 14). In support of the Motion, Debtor filed an Affidavit and Supplemental Affidavit of Burgett H. Mooney, III ("Supplemental Affidavit"). (Docket Nos. 16, 50). United Community...
ORDER MARY GRACE DIEHL, Bankruptcy Judge. The above-styled Chapter 11 case is before the Court on Debtor's Objections to Claims filed by the following Claimants: Bed, Bath & Beyond, Inc. ("BBB") (Docket No. 283, relating to Proof of Claim No. 7), Hyams Landscape Contractors ("Hyams") (Docket No. 288, relating to Proof of Claim No. 156), Essential Ingredients, Inc. ("EI") (Docket No. 291, relating to Proof of Claim No. 161), The Fresh Market ("FM") (Docket No. 294, relating to Proof of...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT MARY GRACE DIEHL, Bankruptcy Judge. This adversary proceeding is before the Court on Buddy Bryant Presley ("Mr. Presley") and Kristy Lynn Brown-Presley's ("Ms. Presley") (collectively, "Defendants") Motion to Dismiss and for Summary Judgment ("Motion"). (Doc. No. 7). The Motion was filed in response to Old Republic National Title Insurance Company's ("Plaintiff") Complaint, in which...
