ORDER OVERRULING OBJECTIONS TO CONFIRMATION AND CONFIRMING CHAPTER 13 PLAN BARBARA ELLIS-MONRO , Bankruptcy Judge . This matter came before the Court on September 19, 2017, for a hearing on confirmation of Debtor's Amended Chapter 13 Plan [Doc. 28] (the "Plan") and the Objection to Confirmation of Plan by Encore Assets, LLC [Doc. 23] (the "Objection"). The Court took the matter under advisement and asked the parties to submit stipulations of fact. The parties submitted Stipulated Facts [...
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTION TO CONFIRMATION FILED BY WCR PROJECT, LLC 1 Mary Grace Diehl , U.S. Bankruptcy Court Judge . The above-captioned case came before the Court on October 18, 2017 (the "Hearing") for confirmation of a Chapter 13 plan of reorganization (the "Plan") proposed by the Debtor. (Docket No. 14). 2 An objection to the Plan was filed by WCR Project, LLC ("WCR Project") on October 11, 2017 (the "Objection"). (Docket No. 12). At the Hearing, the Debtor...
ORDER DENYING DEBTOR A DISCHARGE Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This matter came before the Court for trial on an Objection to Discharge under 11 U.S.C. 727(a)(2), (a)(3), (a)(4), (a)(5) and (a)(6). Plaintiff proceeded pro se. The Debtor was represented by Evan Altman. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 28 U.S.C. 157. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(J). FINDINGS OF FACT The Debtor...
Contested Matter IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE. W. HOMER DRAKE , Bankruptcy Judge . ORDER On October 11, 2017, the Chapter 7 Trustee (hereinafter the "Trustee") filed the instant Motion To Sell Property of the Estate Free and Clear of Liens, Claims and Encumbrances and Motion for Order Under Rule 9019 of the Federal Rules of Bankruptcy Procedure Authorizing and Approving A Compromise of Claims (hereinafter the "Motion") in the above-captioned proceeding. Upon...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT BARBARA ELLIS-MONRO , Bankruptcy Judge . This matter comes before the Court on Defendant's "Answer to Amended Complaint Objecting to Discharge and Motion to Dismiss" (the "Motion to Dismiss"). [Doc. 31]. The Motion to Dismiss seeks to dismiss Counts I, II, III, and VI of Plaintiffs' amended complaint (the "Amended Complaint") [Doc. 30] for failure to state a claim upon which relief may be granted....
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE LISA RITCHEY CRAIG , Bankruptcy Judge . ORDER Before the Court is the Motion for Sanctions, filed by Edgefield Holdings, LLC ("Plaintiff") in the above-captioned adversary proceeding (the "Motion"). The Motion arises in connection with a complaint filed by Plaintiff against Morris Deane Johnson ("Defendant") to determine the dischargeability of a particular debt and to object to the entry of Defendant's Chapter 7 discharge (the "...
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE LISA RITCHEY CRAIG , Bankruptcy Judge . ORDER Before the Court is the Amended Motion for Leave to File an Amendment to the Third Amended Complaint (the "Amended Motion") (Doc. No. 56), filed in the above-captioned adversary proceeding by Gregory Daniels ("Plaintiff"). Howe Law Firm, P.C. ("Defendant") opposes the Amended Motion on the basis of laches and futility. Plaintiff filed a voluntary petition under Chapter 7 of the...
ORDER ON MOTION TO ENFORCE ORDER AUTHORIZING DEBTORS TO ASSUME EXECUTORY CONTRACT AS MODIFIED BY AGREEMENT OF THE PARTIES MARY GRACE DIEHL , Bankruptcy Judge . This matter comes before the Court on Debtor's Motion to Enforce Order Authorizing Debtors to Assume Executory Contract as Modified by Agreement of the Parties, filed on October 13, 2017 (the "Motion"). (Docket No. 310). Aladdin Manufacturing of Alabama, LLC's Response in Opposition to Debtor's Motion to Enforce Order...
ORDER GRANTING MOTION TO DISMISS PAUL BAISIER , BankruptcyJudge . This adversary proceeding comes before the Court on a motion to dismiss, styled as Ocwen Loan Servicing, LLC, Sued Herein as Ocwen Financial Corp., D/B/A Ocwen Loan Servicing, Deutsche Bank Trust Company Americas as Indenture Trustee for the Registered Holders of Saxon Asset Securities Trust 2005-1 Mortgage Loan Asset Backed Notes, Series 2005-1 ( "Deutsche Bank" ) and Mortgage Electronic Registration Systems's ( "MERS"...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS, SUBJECT TO LIMITED RIGHT TO FILE AMENDED COMPLAINT Paul Baisier , U.S. Bankruptcy Court Judge . This matter is before the Court on the Defendant's Response to Complaint and Motion to Dismiss filed by Defendant-Debtor (the " Debtor ") on September 5, 2017 (Docket No. 8)(the " Motion "). In the Motion, the Debtor seeks a dismissal of the Complaint filed by the Plaintiff named above (the " Plaintiff ") on August 4, 2017, and entitled Objection...
ORDER ON PLAINTIFF'S MOTIONS FOR SANCTIONS AGAINST DEBTOR Wendy L. Hagenau , U.S. Bankruptcy Court Judge . This case has a long and litigious history which culminated in this Court's Order of July 21, 2017, denying the Debtor a discharge under 11 U.S.C. 727. Throughout the case, Girish Modi ("Modi") who is the Plaintiff in the adversary proceeding and the Movant in the main case filed four motions for sanctions against the Debtor ("Sanctions Motions"). The Court reserved consideration of...
ORDER ON PLAINTIFF'S MOTIONS FOR SANCTIONS AGAINST DALE R.F. GOODMAN CONTESTED MATTER WENDY L. HAGENAU , Bankruptcy Judge . This case has a long and litigious history which culminated in this Court's Order of July 21, 2017, denying the Debtor a discharge under 11 U.S.C. 727. Throughout the case, Girish Modi ("Modi") who is the Plaintiff in the adversary proceeding and the Movant in the main case filed two motions for sanctions ("Sanctions Motions") against Ms. Goodman, the Chapter 7...
ORDER ON AMENDED AND RESTATED MOTION FOR RELIEF UNDER 11 U.S.C. 363 AND SUBSTANTIVE CONSOLIDATION Wendy L. Hagenau , U.S. Bankruptcy Court Judge . The Amended and Restated Motion for Relief under 11 U.S.C. 363, and Substantive Consolidation ("Motion") [Docket No. 740] came before the Court for hearing, after notice, on October 10, 2017. The Court heard evidence and argument from the Debtors, represented by John A. Christy, from the Movants, represented by Walter E. Jones, from Bay...
ORDER IN PROCEEDINGS UNDER CHAPTER 13 OF THE BANKRUPTCY CODE W. HOMER DRAKE , Bankruptcy Judge . Before the Court is the Debtors' Motion for Stay Pending Appeal (hereinafter the "Motion"). (Doc. No. 37). The Debtors, acting pro se, filed the Motion on September 7, 2017. The Debtors assert that the failure to comply with the Chapter 13 plan resulted from "misrepresentation by my attorney." Id. Background On August 17, 2017, the Court denied confirmation of the Debtors' Chapter 13...
CONTESTED MATTER ORDER ON OBJECTION TO PROOF OF CLAIM Paul Baisier , U.S. Bankruptcy Court Judge . This matter is before the Court on the Objection to Proof of Claim Number 1 Filed by Susan Mosely (Docket No. 38) (the " Objection ") filed by the debtor in the above-captioned case (the " Debtor ") on July 17, 2017. The Court held a hearing on the Objection on August 17, 2017, commencing at 2:00 p.m. (the " Hearing "). At the Hearing, counsel for the Debtor appeared in support of the...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WENDY L. HAGENAU , Bankruptcy Judge . Plaintiff's Motion for Summary Judgment in this adversary proceeding to avoid an unrecorded security deed came before the Court for review. The Court has jurisdiction of this matter pursuant to 28 U.S.C. 157 and 1334. This matter is a core proceeding under 28 U.S.C. 157(b)(2)(A), (K) and (O). UNDISPUTED FACTS The Plaintiff filed this Motion for Summary Judgment...
CONTESTED MATTER ORDER (I) DENYING DEBTOR'S MOTION TO SET ASIDE FORECLOSURE SALE AND (II) GRANTING MOVANT'S MOTION FOR AN ORDER ANULLING AUTOMATIC STAY NUNC PRO TUNC TO FILING DATE Paul Baisier , U.S. Bankruptcy Court Judge . This case was filed on June 5, 2017 (the " Filing Date "). On June 30, 2017, the Debtor filed a Motion to Set Aside Foreclosure Sale (Docket No. 12)(the " Motion to Set Aside "). 1 On July 26, 2017, this Court, after an evidentiary hearing, entered an Order (...
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S RENEWED PARTIAL MOTION TO DISMISS James R. Sacca , U.S. Bankruptcy Court Judge . This case involves a broken business relationship between a German yacht manufacturer and its exclusive dealer in the United States, the Debtor in this case, the contracts for which provide that any litigation arising under or in connection with the contracts must be brought in Germany. Debtor Bavaria Yachts USA, LLLP ("BUSA," "Plaintiff," or "Debtor")...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT'S MOTION TO TRANSFER VENUE PAUL W. BONAPFEL , Bankruptcy Judge . Ronald Glass, in his capacity as Chapter 11 Trustee for Hutcheson Medical Center, Inc. ("HMC"), seeks to recover damages related to legal services that Miller & Martin, PLLC, provided to HMC prior to its bankruptcy filing. Miller & Martin seeks to transfer venue of this proceeding to the Eastern District of Tennessee on the ground that a forum selection...
ORDER Paul W. Bonapfel , U.S. Bankruptcy Court Judge. Tyree Patterson, the Debtor and Plaintiff in this action, is an employee of a federal agency, the Social Security Administration (the "SSA"). Prior to the filing of his bankruptcy case, Mr. Patterson had exhausted his accrued sick leave and had used and reached a maximum advanced sick leave balance of 240 hours. Per federal regulations and the terms of employment, accrued sick leave is "repaid" by the amount of sick leave that an...
