ORDER DENYING SUMMARY JUDGMENT WENDY L. HAGENAU , Bankruptcy Judge . THIS MOTION is before the Court on Defendant's Motion for Summary Judgment (Doc. No. 28) (the "Motion"). Defendant seeks summary judgment based on two affirmative defenses: the ordinary course of business defense set forth in section 547(c)(2) of the Bankruptcy Code, and the new value defense set forth in section 547(c)(4) of the Bankruptcy Code. This Court has jurisdiction pursuant to 28 U.S.C. 1334 and 157(b)(1),...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS Wendy L. Hagenau , U.S. Bankruptcy Court Judge . THIS MATTER is before the Court on Defendant's Renewed Motion to Dismiss (the "Motion") (Doc. No. 8). This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I) and (J), and the Court has jurisdiction over the proceeding pursuant to 28 U.S.C. 1334 and 157. I. FACTS Plaintiff, a transportation company, hired Defendant as a contract dispatcher. Plaintiff contacted...
ORDER ON MOTION TO ENFORCE SETTLEMENT AGREEMENT WENDY L. HAGENAU , Bankruptcy Judge . This matter is before the Court on Plaintiff's Motion to Enforce Settlement Agreement ("Motion") [Docket No. 29]. The Court held a hearing on November 8, 2018 at which Jeffrey R. Nickerson appeared for the Plaintiff and Charles M. Clapp appeared for the Debtor who was also present. The only witness called was W. Douglas Jacobson, the Debtor's former counsel. The Court has jurisdiction of this matter...
CONTESTED MATTER ORDER ON ENDOVER PALISADES, LLC'S MOTION FOR RELIEF FROM AUTOMATIC STAY REGARDING LEVY ON NON-DEBTOR REAL ESTATE Paul Baisier , U.S. Bankruptcy Court Judge . Before the Court is a Motion for Relief from Automatic Stay, and Brief in Support, Regarding Movant's Levy on Non-Debtor Real Estate (Docket No. 36) (the " Motion ") filed by the above-named Movant (the " Movant "), on August 29, 2018. In the Motion, Movant seeks, out of an abundance of caution, relief from the...
CONTESTED MATTER ORDER James R. Sacca , U.S. Bankruptcy Court Judge . The primary issue before the Court is what are the respective interests of the estate and a judgment creditor in cash deposited with the state court pre-petition in lieu of a supersedeas bond when the debtor loses on appeal and all applicable time periods related to the appeal expire post-petition. This issue arose out of Snap Line Services, Inc. ("Snap Line")'s Motion for Turnover of Estate Property and for Sanctions...
ORDER GRANTING MOTION TO DISMISS Wendy L. Hagenau U.S., Bankruptcy Court Judge . This matter is before the Court on the Motion to Dismiss filed by Westplan Investors Acquisitions, LLC ("Westplan") and Accent Cumberland Apartments, LP ("Accent") (collectively, "Defendants") [Docket No. 4]. The Court has jurisdiction of this matter under 28 U.S.C. 1334. The Complaint alleges the matter is core, but the Motion to Dismiss raises the question of whether this is a core matter under 28 U.S.C....
ORDER James R. Sacca , U.S. Bankruptcy Court Judge . The issue before the Court is whether the exception to the automatic stay in 362(b)(4) for a governmental unit exercising its police and regulatory powers is broad enough to include the imposition of sanctions by a court, including incarceration, in connection with a motion to compel discovery and for contempt against a non-attorney debtor in a post judgment collection proceeding. This Court concludes it is not so broad and that such...
ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY CONTESTED MATTER PAUL BAISIER , Bankruptcy Judge . Before the Court is a Motion for Relief from the Automatic Stay and Waiver of 30-Day Hearing Requirement (Docket No. 42)(the " Motion ") filed by 1st Franklin Financial Corporation (the " Movant "), on August 1, 2018. In the Motion, Movant seeks relief from the automatic stay of 11 U.S.C. 362(a) to proceed with collection efforts, including the commencement of garnishment actions...
ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS BARBARA ELLIS-MONRO , Bankruptcy Judge . I. Introduction Kyle A. Cooper, as trustee for the Chapter 7 estate of James Daniel Wisner (the "Trustee"), filed a Complaint [Doc. 1] seeking avoidance and recovery of certain transfers made to The Piedmont Bank ("Piedmont"), Caribou Investments LLC ("Caribou"), and Brumbley Ventures LLC ("Brumbley"). Piedmont's Answer and Defenses [Doc. 4] ("Answer") includes a counterclaim (the "Counterclaim")...
ORDER BARBARA ELLIS-MONRO , Bankruptcy Judge . This matter comes before the Court on Debtor's Motion to Vacate the Order Granting Relief From Stay (the "Motion to Vacate") [Doc. 315], Bayview Loan Servicing, LLC's ("Bayview") Response thereto (the "Response") [Doc. 319], and both parties' replies [Docs. 320, 324, 328]. In its Response, Bayview asks the Court to sanction Debtor by requiring her to pay Bayview's attorney fees and costs incurred in responding to the Motion to Vacate. Bayview...
IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE ORDER Lisa Ritchey Craig , U.S. Bankruptcy Court Judge . Before the Court is the Motion for Partial Summary Judgment (the "Motion") (Doc. No. 69), filed in the above-captioned adversary proceeding by Gregory Daniels ("Plaintiff"). Howe Law Firm, P.C. ("Defendant") opposes the Motion. This matter arises in connection with Plaintiff's suit against Defendant seeking damages for violations of the discharge injunction, violations of the...
ORDER IN PROCEEDINGS UNDER CHAPTER 13 OF THE BANKRUPTCY CODE. LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is the motion to dismiss (the "Motion") filed by Federal National Mortgage Association ("Fannie Mae") and Seterus, Inc. ("Seterus", and collectively with Fannie Mae, the "Defendants") (Doc. 62). The Motion seeks dismissal of an amended complaint (the "Amended Complaint") filed by Leslie D. Hughes ("Plaintiff") against the Defendants for failure to state a claim upon which...
IN PROCEEDINGS UNDER CHAPTER 13 OF THE BANKRUPTCY CODE ORDER LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is a Motion for Leave to File Amended Complaint (Doc. 61) (the "Motion") pursuant to Federal Rule of Civil Procedure 15(a)(2), made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure 7015. The Motion seeks leave to amend a sixteen-count complaint (the "Complaint") filed by Leslie D. Hughes ("Plaintiff") against Brock & Scott ("B&S"), First...
ORDER ON MOTION TO DISMISS PAUL W. BONAPFEL , Bankruptcy Judge . Four Seasons Trucking, Inc. ("Four Seasons") contends that its judgment against the debtor, Marilyn B. Crawford ("Ms. Crawford"), is excepted from discharge under 11 U.S.C. 523(a)(6) because it arose from "willful and malicious" injury to Four Seasons or its property. Both parties moved for summary judgment. On July 10, 2018, the Court entered an order denying Four Season's motion and stating that it would grant summary...
CONTESTED MATTER ORDER IMPOSING FINES AND INJUNCTIONS PAUL W. BONAPFEL , Bankruptcy Judge . On May 25, 2018, the United States Trustee filed and served a Motion for Review of Petition Preparer's Conduct, for Imposition of Fines for Violations of Statute, and for Injunctive Relief under 11 U.S.C. 110 (the "Motion") in each of these cases. 1 On July 2, 2018, the respondent, Ruben S. Hauwanga, filed his response in each case (the "Response"). 2 The Court conducted a preliminary hearing...
ORDER (I) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, (II) DENYING DEFENDANT'S REQUEST FOR SANCTIONS, AND (III) SETTING DEADLINE FOR PROPOSED PRETRIAL ORDER PAUL BAISIER , Bankruptcy Judge . The above-referenced matter (the " Adversary Proceeding ") comes before the Court on a Motion for Partial Summary Judgment Against Defendant Joseph Michael Merritt (Docket No. 22)(the " Motion for Partial Summary Judgment ") filed by the Plaintiff-Chapter 7 Trustee (" Plaintiff "). 1...
ORDER LISA RITCHEY CRAIG , Bankruptcy Judge . Before the Court is the Motion to Dismiss, filed by Fay Servicing, LLC ("Fay"), Wilmington Trust Corporation ("WTC"), and Wilmington Trust National Association ("WTCNA", and collectively with Fay and WTC, the "Defendants") (Doc. No. 6) (the "Motion"). The Motion seeks dismissal of a complaint (the "Complaint") filed by Robert Bridges ("Plaintiff") against the Defendants. The requests for relief made in the Complaint center around real...
MEMORANDUM OPINION Jeffery W. Cavender , U.S. Bankruptcy Court Judge . This matter came before the Court upon the Complaint Objecting to and Seeking to Determine Dischargeability of Debt filed by Panawe Batanado ("Plaintiff") in the above-captioned matter. At the conclusion of the trial conducted on August 1, 2018, the Court took this matter under advisement. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(b)(2) and 1334(b). Venue is proper in this Court...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS JAMES R. SACCA , Bankruptcy Judge . Before the Court is the Motion to Dismiss Plaintiff's First Amended Complaint (the "Motion") filed by Defendant James E. Dopson [Adv. Doc. 20]. Defendant-Debtor James E. Dopson filed for Chapter 7 relief on January 26, 2017 and received his discharge on May 15, 2017 [Bankr. Doc. 22]. Plaintiff, however, was not added as a creditor to the case until June 9, 2017, after the entry of the discharge, and the case...
Contested Matter IN PROCEEDINGS UNDER, CHAPTER 13 OF THE BANKRUPTCY CODE ORDER W. Homer Drake , U.S. Bankruptcy Court Judge . The above-styled case came before the Court for a hearing on confirmation of the Debtor's Amended Plan on April 26, 2018. At the hearing, the Chapter 13 Trustee ("Trustee") raised objections to confirmation of the Debtor's amended plan. After hearing argument from counsel at the hearing, the Court requested briefs from both parties. Having considered the record...
