ORDER WENDY L. HAGENAUM , Bankruptcy Judge . This action under 11 U.S.C. 727(a)(2) and (a)(4) alleges (i) the Debtor transferred and concealed assets to and through family trusts, an LLC and his family with intent to hinder, delay or defraud creditors, (ii) the Debtor made false oaths by omitting information from his schedules and statement of financial affairs, and (iii) the Debtor testified falsely at his 341 meeting, two depositions and at the trial of this matter. The Court...
ORDER ON CONFIRMATION OF FIRST AMENDED JOINT PLAN OF REORGANIZATION OF THE DEBTORS DATED DECEMBER 18, 2013, AS AMENDED AND THE SECOND AMENDED PLAN OF LIQUIDATION FOR EACH DEBTOR PROPOSED BY RREF BB ACQUISITIONS, LLC DATED DECEMBER 31, 2013, AS AMENDED BARBARA ELLIS-MONRO, Bankruptcy Judge. This case came before the Court for a hearing (the "Hearing") 1 on March 26, 27, 28, 31, and April 24, 25, and 28, 2014, on confirmation of competing chapter 11 plans filed by 431 W. Ponce De Leon, LLC,...
ORDER ON MOTION TO DISMISS MARGARET H. MURPHY , Bankruptcy Judge . This case is before the court on an Objection to Confirmation and Motion to Dismiss filed by the Chapter 13 Trustee ("Trustee") June 10, 2014 (Doc. No. 36, supplemented by Docs. No. 38, 49, and 51) (as supplemented, the "Motion to Dismiss") and Debtors' Motion to Ratify Signature filed July 23, 2014 (Doc. No. 48) (the "Motion to Ratify"). This case was initiated when Debtors' counsel, Stanley Kakol of C. Golden &...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS MARY GRACE DIEHL, Bankruptcy Judge. This is an action brought by Debtor against its lender, Key Equipment Finance, Inc. ("Key"). Debtor was formed to build out an imaging center that would be leased to participating physicians. Debtor and Key entered into a Master Lease and Progress Payment Loan and Security Agreement in January 2010 to finance the build-out and to purchase necessary equipment. Key disbursed funds under the Progress Payment Loan...
ORDER BARBARA ELLIS-MONRO , Bankruptcy Judge . This case came before the Court on the Chapter 7 Trustee's "Objection to Claims of Creditor Jamestown Management Corporation" [Doc. No. 180], the "Amended Objection to Claims of Creditor Jamestown Management Corporation" [Doc. No. 184], and the "Response Of Jamestown Management Corporation As Managing Agent For Cologne Investors, Inc. & Irving Walter Graebner, To Trustee's Claim Objections" [Doc. No. 181]. The Court has jurisdiction over...
ORDER ON PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS MARGARET H. MURPHY, Bankruptcy Judge. This proceeding is before the court on Defendants J. Nevin Smith and Smith Conerly, LLP's Partial Motion for Judgment on the Pleadings (Doc. No. 90) (the "Motion"). Plaintiff, the Chapter 7 Trustee in Debtor's bankruptcy case (the "Main Case"), filed the complaint initiating this adversary proceeding June 13, 2013, and amended the complaint August 15, 2013 and May 2, 2014 (Doc. No. 1, amended by Docs....
ORDER BARBARA ELLIS-MONRO, Bankruptcy Judge. This Chapter 11 case came before the Court for a hearing on April 30, 2014, (the "Hearing") on Debtor's Objection to Proof of Claim Filed by Fannie Mae [Proof of Claim No. 2] (the "Objection"), [Doc. No. 49], and Fannie Mae's Response to Debtor's Objection to Proof of Claim (the "Response"). [Doc. No. 65]. In the Objection, Debtor seeks to disallow Fannie Mae's claim based on allegations that: (i) there was no default under the agreements...
ORDER W. HOMER DRAKE, Bankruptcy Judge. The above-styled adversary case comes before the Court on cross-motions for summary judgment filed by Sand-Stone, Inc. (hereinafter "Sand-Stone") and Greg Paul Camp, II (hereinafter "Camp"), requesting a determination as to whether certain alleged debts are not dischargeable pursuant to Section 523(a) of the Bankruptcy Code. 1 This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. 157(b)(1), as a core proceeding defined...
ORDER W. HOMER DRAKE, Bankruptcy Judge. Before the Court is the Motion to Value the Collateral of Regions Bank d/b/a Regions Mortgage (hereinafter "Regions") and PNC Bank (hereinafter "PNC"), filed by Dan L. Dunson, Nancy Dunson, Danny L. Dunson, Jr., Andrea L. Dunson, and David M. Dunson (hereinafter collectively referred to as the "Debtors"). Pursuant to section 506(a) of the Bankruptcy Code and Rule 3012 of the Federal Rules of Bankruptcy Procedure, the Debtors ask the Court to determine...
ORDER W. HOMER DRAKE, Bankruptcy Judge. Before the Court is the Motion for Summary Judgment, filed by James R. Fulford (hereinafter "Fulford") and SRH Holding Company, LLC (hereinafter "SRH" and, collectively with Fulford, the "Defendants"). The Motion arises in connection with a complaint (hereinafter the "Complaint") to avoid and recover an allegedly fraudulent transfer, filed by Griffin Howell, III (hereinafter the "Trustee") in his capacity as the Chapter 7 trustee of the bankruptcy...
ORDER AFTER TRIAL ON DISCHARGEABILITY OF DEBT WENDY L. HAGENAU, Bankruptcy Judge. [T]he jealousy, the greed is the unraveling It's the unraveling And it undoes all the joy that could be 1 This is a story of three women whose jealousy and greed not only unraveled "Joy" (the Debtor), but unraveled what was and could have continued to be a valuable friendship and successful business discovering some of the best child talent in television and movies. Instead, jealousy over the Debtor's...
ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT BARBARA ELLIS-MONRO, Bankruptcy Judge. This matter comes before the Court on Plaintiff's "Motion for Summary Judgment, Statement of Material Facts as to which there is no Genuine Issues to be Tried, and Memorandum of Law in Support Thereof" (the "Motion") and Defendant-Debtor's Response and Motion for Summary Judgment. [Doc. No. 20, 24]. I. Facts Steven Wayne Carroll, Defendant, filed his chapter 7 bankruptcy petition on July 25, 2012. [...
ORDER JAMES R. SACCA, Bankruptcy Judge. This case presents an issue that has divided bankruptcy courts: how much — if any — of a Chapter 7 Trustee's fees are allowable when the case is converted before it is fully administered. Courts have issued a variety of rulings on this issue, all of which seem to make some sense, but none of which seems completely correct either — at least not in the underlying reasoning. 1 Here, this case was converted from Chapter 7 to Chapter 13 after the Chapter 7...
CHAPTER 7 ORDER Barbara Ellis-Monro , U.S. Bankruptcy Court Judge This adversary proceeding is before the Court on Defendant Venetian Casino Resort's ("Defendant" or "Venetian") Motion to Dismiss Adversary Complaint (the "Motion") [Doc. No. 7], Plaintiff Jeffrey Kerr's ("Plaintiff" or "Trustee") Response and Brief in opposition to Venetian Casino Resort, LLC's Motion to Dismiss Adversary Complaint (the "Response") [Doc. No. 18], and Venetian's Reply in Support of Defendant's Motion to...
CHAPTER 7 ORDER Barbara Ellis-Monro , U.S. Bankruptcy Court Judge This adversary proceeding is before the Court on Defendant Rudy C. Durand's ("Defendant" or "Durand") Notice of Motion and Motion to Dismiss (the "Motion"). [Doc. No. 14]. In the Motion, Durand requests that the adversary proceeding be dismissed, contending that the complaint fails to state any cause of action upon which relief can be granted and that it fails to allege with particularity the circumstances and facts...
CHAPTER 11 ORDER CLARIFYING SEPTEMBER 9, 2014 ORDER, DENYING DEBTOR'S MOTION FOR RECONSIDERATION, AND DISMISSING ADVERSARY PROCEEDING Mary Grace Diehl , U.S. Bankruptcy Court Judge On September 8, 2014, an Order granting Key Equipment Finance, Inc.'s ("Key") motion to dismiss was entered ("Motion to Dismiss Order") (Docket No. 23). The Motion to Dismiss Order dismissed Debtor's claims with the exception of Debtor's objection to claim. Debtor's objection to claim count survived to allow...
CHAPTER 11 ORDER Barbara Ellis-Monro , U.S. Bankruptcy Court Judge This Chapter 11 case came before the Court for a hearing (the "Hearing") on September 17, 2014, on confirmation of Debtor's Amended Plan of Reorganization (the "Plan") [Doc. No. 124] and the "Objection of Federal National Mortgage Association, d/b/a Fannie Mae to Debtor's Amended Plan of Reorganization (Docket No. 124)" (the "Objection"). [Doc. No. 128]. Rodney Eason appeared on behalf of Debtor, John Schlotter appeared...
ORDER (I) GRANTING DEBTOR'S MOTION TO REVOKE TECHNICAL ABANDONMENT OF PROPERTY OF THE ESTATE AND (II) GRANTING DEBTOR'S MOTION TO DETERMINE SECURED STATUS OF CLAIM MARY GRACE DIEHL , Bankruptcy Judge . This case presents an issue of first impression: Can a fully administered, discharged, and closed Chapter 7 case be reopened by the debtor for the sole purpose of stripping off a wholly-unsecured junior lien on real property For reasons explained below, the Court concludes it can, subject...
ORDER ON MOTIONS TO DISMISS MARGARET H. MURPHY, Bankruptcy Judge. This proceeding is before the court on Joseph H. Harman's Motion to Dismiss, filed August 28, 2013 (Doc. No. 27) ("Debtor's Motion"), and on the Motion to Dismiss of Linda J. Harman ("Mrs. Harman"), the Linda J. Harman Irrevocable Trust (the "Trust"), J.H.H. Holdings Corporation ("JHH"), First Equities Partners, Inc. ("FEP"), First Equities Partners II, Inc. ("FEP II"), and FCGI Associates, LLC ("FCGI"; together with Mrs....
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WENDY L. HAGENAU, Bankruptcy Judge. This matter is before the Court on a Motion for Summary Judgment [Doc. No. 10], brought by the Defendant in this adversary proceeding, the Internal Revenue Service (the "IRS"). The Debtor initiated this proceeding seeking a determination that his debts to the IRS, arising from personal income taxes for years 2002, 2007, 2010, and 2011 will be discharged in this chapter 7...
