OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Summary Judgment filed by Kim Baker ("Baker") seeking a determination that debt owed by Lilo N. Benzicron ("Debtor") to Baker is not dischargeable under 11 U.S.C. 523(a)(2)(A). This is a core proceeding under 28 U.S.C. 157(b)(2)(I) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. For the following reasons, Baker's Motion for Summary Judgment is denied. UNDISPUTED FACTS Baker filed a...
OPINION ON MOTION TO REOPEN CHAPTER 11 CASE Edward J. Coleman, III , Chief Judge . I. Introduction This Chapter 11 case was closed eight years ago, on September 21, 2011, after the Court confirmed the plan of reorganization filed by the Debtor, Environmental Wood Products, Inc. Since that time, the Debtor has made all of its scheduled plan payments to both secured and unsecured creditors. To all appearances, the plan seems to have succeeded. But at some point, the Debtor's principal,...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . In this Adversary Proceeding, AmeriCash Loans, LLC ("Americash") filed a Motion to Dismiss for failure to state a claim and requesting dismissal of this adversary proceeding under the Federal Arbitration Act (9 U.S.C. 1 et seq. ("FAA")). In a prior order, the Court found the matter proper for arbitration and directed that: either party may make a demand for arbitration in accordance with the arbitration agreement within 21 days of...
OPINION AND ORDER Susan D. Barrett , United States Bankruptcy Judge Southern District of Georgia. Before the Court is the Motion to Dismiss filed by AmeriCash Loans, LLC ("Americash") for failure to state a claim and requesting dismissal of this adversary proceeding under the Federal Arbitration Act (9 U.S.C. 1 et seq. ("FAA")). The Court has jurisdiction under 28 U.S.C. 1334. FINDINGS OF FACT In October 2016, Ronnie Scott ("Debtor"), a Georgia resident, physically travelled to...
ORDER AND OPINION SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is Leon and Tawanda Lewis' ("Debtors") Amended Motion to Extend the Automatic Stay and Cadles of West Virginia, LLC's ("Cadles") Response and Motion to Dismiss Case. This is a core proceeding under 28 U.S.C. 157(b)(2)(A), (G), and (O) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. FINDINGS OF FACT Debtors filed this bankruptcy case within 180 days of their voluntary dismissal of their previous...
OPINION ON CHAPTER 13 TRUSTEE'S MOTION TO DISMISS WITH PREJUDICE EDWARD J. COLEMAN, III , Bankruptcy Judge . Pending before the Court is the Motion to Dismiss this case with prejudice (dckt. 44) filed by the Chapter 13 Trustee (the "Trustee") based on certain misrepresentations made by Neacie D. Blige (the "Debtor"). Although the Debtor has been incarcerated in Liberty County, Georgia, since February of 2018 on assault charges, throughout this bankruptcy case, she has consistently...
ORDER CONFIRMING PLAN MICHELE J. KIM , Bankruptcy Judge . It having been determined after hearing on notice that the plan complies with the provisions of Chapter 13 and with all other applicable provisions of Title 11, that all fees, charges or amounts required under Chapter 13 of Title 28 or by the plan, to be paid before confirmation, have been paid, that the plan was proposed in good faith and not by any means forbidden by law, that the value of property to be distributed under the...
ORDER CONFIRMING MODIFIED PLAN SUSAN D. BARRETT , Bankruptcy Judge . It having been determined after hearing on notice that the plan complies with the provisions of Chapter 13 and with all other applicable provisions of Title 11, that all fees, charges or amounts required under Chapter 123 of Title 28 or by the plan, to be paid before confirmation, have been paid, that the plan was proposed in good faith and not by any means forbidden by law, that the value of property to be distributed...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court are separate Motions to Dismiss filed by Todd Boudreaux ("Boudreaux") and Liberty Mutual Insurance Co. ("Liberty Mutual") (collectively "Defendants") seeking the dismissal of this adversary proceeding filed by the United States of America for the Use of Lister Harrell ("Mr. Harrell"), Saraland, LLLP ("Saraland"), and Paradise Farms, Inc. ("Paradise Farms")(collectively "Plaintiffs"). The Motions seek dismissal on the...
OPINION ON CONFIRMATION OF DEBTOR'S AMENDED CHAPTER 11 PLAN EDWARD J. COLEMAN, III , Bankruptcy Judge . I. INTRODUCTION Pending before the Court is the Amended Chapter 11 Plan (the "Amended Plan") (dckt. 374) filed by A & B Associates, L.P. (the "Debtor"), which was scheduled for confirmation on October 1, 2018. The Debtor, a limited partnership organized under the laws of the State of Georgia, filed this Chapter 11 reorganization case on February 3, 2017. (Dckt. 1). The Debtor owns and...
ORDER AND OPINION Susan D. Barrett , United States Bankruptcy Judge . This order addresses two matters. First, the order considers Debtor's Request for Entry of Discharge Forthwith Pursuant to Federal Rule of Bankruptcy Procedure 4004(c) filed by Archie Joel Champion, III ("Debtor"). Second, the order addresses the timeliness of the United States Trustee's ("UST's") Motion to Dismiss, or in the Alternative to Convert the Case to Chapter 11. These are core proceedings pursuant to 28 U.S....
OPINION AND ORDER SUSAN D. BARRETT , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the complaint filed by Evans Plaza Partners, LLC ("Landlord") against Evans Fitness Club Express, LLC ("Express") alleging Express improperly removed property belonging to Landlord. Trial was held to determine ownership of the property. 1 This adversary proceeding is a core proceeding under 28 U.S.C. 157(b) (2)(A), (N), and (0) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. For the...
ORDER CONFIRMING PLAN SUSAN D. BARRETT , Bankruptcy Judge . It having been determined after hearing on notice that the plan complies with the provisions of Chapter 13 and with all other applicable provisions of Title 11, that all fees, charges or amounts required under Chapter 123 of Title 28 or by the plan, to be paid before confirmation, have been paid, that the plan was proposed in good faith and not by any means forbidden by law, that the value of property to be distributed under the...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Summary Judgment filed by Educational Credit Management Corporation ("ECMC") seeking a determination that the student loan of Alan Demetrius Richardson ("Debtor") is not dischargeable. Debtor contends the debt creates an undue hardship and therefore is dischargeable pursuant to 11 U.S.C. 523(a)(8). This is a core proceeding under 28 U.S.C. 157(b)(2)(I) and the Court has jurisdiction pursuant to 28 U....
OPINION ON MOTION TO CONVERT TO CHAPTER 7 Edward J. Coleman, III , Judge . I. INTRODUCTION A & B Associates, L.P. (the "Debtor") filed this Chapter 11 single asset real estate case on February 3, 2017. (Dckt. 1). The Debtor, a limited partnership organized under the laws of the State of Georgia, owns and operates a 96-unit apartment complex in Beaufort County, South Carolina, known as August on Southside (the "Property"). The Debtor's principal creditor is FCRE REL, LLC ("FCRE"), which...
OPINION ON OBJECTION OF ORLANDO A. MONTOYA TO CONFIRMATION OF PLAN Edward J. Coleman, III , Chief Judge . Before the Court is the objection (dckt. 36) filed by pro se creditor Orlando A. Montoya ("Montoya") to confirmation of the Chapter 13 plain (dckt. 4) filed by William B. Spinks (the "Debtor"). This is the Debtor's second Chapter 13 case. In the Debtor's first case, filed on April 2, 2015, Montoya claimed priority treatment for unpaid wages pursuant to 11 U.S.C. 507(a)(4), which...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . Before the Court is a Motion for Turnover of Excess Funds filed by Cornelius Doolittle ("Debtor") requesting the Chapter 13 Trustee ("Trustee") turnover $3,139.41 mailed to the Trustee by Wells Fargo Home Mortgage ("Wells Fargo") as an "escrow overage." The Trustee objects to turning the money over to the Debtor arguing it is property of Debtor's bankruptcy estate which Debtor has not disclosed or exempted. This is a core proceeding...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . This order addresses the Summary Judgment Motion filed by U.S. Bank National Association a/k/a U.S. Bank, N.A. ("U.S. Bank") and the cross summary judgment motion filed by James Edwin Hicks ("Debtor"). This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A), (E), (G), (K), and (O). The Court has jurisdiction to address the motion under 28 U.S.C. 1334. For the following reasons, both motions are denied. UNDISPUTED FACTS In...
OPINION AND ORDER SUSAN D. BARRETT , Bankruptcy Judge . This order addresses cross motions for summary judgment. First, Joy R. Webster, the chapter 7 trustee ("Trustee") seeks a determination that the relief requested by Evans Plaza Partners, LLC ("Landlord") against her is moot. Next, Landlord seeks partial summary judgment against the Trustee, in her representative capacity, for breach of the lease agreement {the "Lease"). Finally, Landlord seeks partial summary judgment against Evans...
OPINION ON DEBTOR'S OBJECTION TO CLAIM OF FARM BUREAU BANK Edward J. Coleman, III , Chief Judge United States Bankruptcy Court . When Farm Bureau Bank loaned $18,000.00 to Kenneth R. Pierce (the "Debtor") to finance the purchase of a fertilizer spreader for his farm, the parties entered into a security agreement granting Farm Bureau Bank a security interest in the fertilizer spreader (Claim 7-1, Part 2, pp. 1-2). A security agreement is a contract that sets forth the terms agreed upon by...
