OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT LAMAR W. DAVIS, JR., Bankruptcy Judge. Charles D. Warren, Jr. and Melissa S. Warren ("Debtors") filed their Chapter 13 case on August 20, 2008. Dckt. No. 1. 1 On February 26, 2013, Debtors initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of debt. A.P. Dckt. No. 1. Currently pending before the Court is Defendant PNC Bank, Inc.'s ("PNC") Motion for Judgment on the Pleadings or for Summary Judgment. A.P....
FINAL OPINION AND ORDER 1 SUSAN D. BARRETT, Chief Judge. This opinion and order addresses the remaining objection of the Chapter 7 Trustee ("Trustee") to Debtor's attempt to exempt his Hartford "Individual Flexible Premium Variable Annuity Contract ("Annuity") pursuant to O.C.G.A. 44-13-100(a)(2)(E). FINDINGS OF FACT 2 In March 2006, several years before filing for bankruptcy and before the accident that precipitated this bankruptcy, Debtor purchased the Annuity for a one-time payment...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is a Joint Motion to Approve the Settlement of Certain Claims filed by Dominic Nicholas Applegate ("Debtor"), Savannah Capital, LLC, Cornerstone Investments, LLC, Corner Stone Properties Investment, LCC ("Settling Creditors") and Donald F. Walton ("U.S. Trustee"). James W. Soleo and FUDD DT Investment Group, LLC ("Non-Settling Creditors") 1 object to this motion. This is a core matter pursuant to 28 U.S.C. 157(b)(2) and the...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is an Amended Motion to Avoid the Lien of TitleMax of Georgia, Inc. ("Titlemax") filed by Earl S. Chastagner ("Debtor"). 1 This is a core matter pursuant to 28 U.S.C. 157(b)(2) and the Court has jurisdiction pursuant to 28 U.S.C. 1334. Debtor seeks to avoid Titlemax's lien against his 2005 Dodge Ram 2500 truck ("the Truck") pursuant to 11 U.S.C. 522(f). 2 For the following reasons, I find that Titlemax has ownership...
OPINION AND ORDER SUSAN D. BARRETT, Chief Judge. Before the Court is Tipsey McStumbles, LLC's ("Tipsey") and Robert A. Mullins's ("Mullins") (together "Plaintiffs") complaint objecting to the discharge of $4,033.28 by Christopher John Griffin ("Defendant" or "Debtor") pursuant to 11 U.S.C. 523(a)(7). This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I) and the Court has jurisdiction under 28 U.S.C. 1334. For the following reasons, Plaintiffs' complaint is denied and the debt...
OPINION AND ORDER ON DISCHARGEABILITY OF DEBT LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor filed his Chapter 13 case on July 20, 2011. Dckt. No. 1. 1 He initiated this adversary proceeding to determine dischargeability of debt on August 20, 2012. A trial of the above captioned matter took place on January 11, 2013. After consideration of the record, the Court now enters the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT The Court adopts and incorporates in full the...
OPINION AND ORDER ON SUNTRUST BANK'S AND THE UNITED STATES TRUSTEE'S MOTIONS TO CONVERT OR DISMISS LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor filed his Chapter 7 case on March 7, 2012. On May 17, 2012, SunTrust Bank ("STB"), a creditor in the case, filed a Motion to Convert to Chapter 11 or, in the Alternative, to Dismiss ("STB's Motion to Convert or Dismiss"). Dckt. No. 28. 1 The United States Trustee (the "UST") also filed a Motion to Convert to Chapter 11, or in the Alternative, to...
OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtor filed her Chapter 7 case on March 19, 2012. Dckt. No. 1. 1 On June 13, 2012, Andrew Dittenber ("Plaintiff"), Debtor's ex-husband, initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. Complaint, A.P. Dckt. No. 1. Currently pending before the Court is Plaintiff's Motion for Summary Judgment. A.P. Dckt. No. 12. FINDINGS OF FACT Debtor and Plaintiffs...
OPINION AND ORDER ON DEBTORS' MOTION FOR SUMMARY JUDGMENT LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtors filed their Chapter 7 case on August 13, 2011. Plaintiff Smith Warehouse Holdings, Inc. ("SWH") is creditor in the case. SWH initiated this adversary proceeding on November 14, 2011, objecting to discharge and seeking a determination of dischargeability of debt pursuant to 11 U.S.C. 523(a)(6) and 727. Currently pending before this Court is Debtors' Motion for Summary Judgment, which...
ORDER ON CONFIRMATION OF PLAN AND OBJECTION TO PLAN BY BANK OF THE OZARKS LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT A hearing in the above-captioned matter was conducted on December 11, 2012. Briefly, the history of the case reveals that the Debtor filed a Chapter 11 case on September 21, 2011. Debtor scheduled secured claims of $2,272,700.85, priority claims of $56,571.81, and general unsecured claims of $16,804,631.27. Amended Summary of Schedules, Dckt. No. 98 at 27....
