OPINION ELIZABETH W. MAGNER , Bankruptcy Judge . A trial was set in this matter for December 10, 2015. Appearances were made by: Glenn K. Schreiber, counsel for the United States Department of Education ("DOE") Heather LaSalle Alexis, counsel for Educational Credit Management Corporation ("ECMC") 1 In his adversary complaint, 2 Dorsey seeks a hardship discharge of his student loan debt. Dorsey alleges that in connection with his education, he borrowed over $100,000.00. He further...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter came before the Court pursuant to a Request for Sanctions filed by Plaintiff, Mick Dorsey ("Dorsey") against Defendant, the Educational Credit Management Corporation ("ECMC"). 1 The basis of Dorsey's request for sanctions is the failure of ECMC to redact personal information from a court pleading in violation of Federal Rule of Bankruptcy Procedure 9037. Dorsey further complains that ECMC has violated Federal Rule...
MEMORANDUM OPINION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . This matter came before the Court on October 14, 2015, on cross Motions for Summary Judgment filed by Bay Bridge Building Limited Company, LLC's ("Bay Bridge") and 800 Bourbon Street, LLC ("800 Bourbon or Debtor"). 1 At the conclusion of the hearing, the Court set a deadline of October 28, 2015, to file post-hearing briefs. Upon submission of the briefs, the Court took the matters under advisement. I. Summary...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter came before the Court on the Motion to Determine Allocation of Purchase Price of Real Estate Assets 1 ("Allocation Motion") filed by 800 Bourbon Street, LLC ("800 Bourbon") and Louisiana Interests, Inc. d/b/a Oz ("Oz"). Responses were filed by First Bank and Trust ("FBT") 2 and Bay Bridge Building Limited Company, LLC ("Bay Bridge"). 3 At the conclusion of the hearing, the Court allowed the parties to file post-...
REASONS FOR DECISION Elizabeth W. Magner , U.S. Bankruptcy Judge . This matter is before the Court pursuant to Melanie R. Mayer's ("Debtor") Motion to Reopen to Cancel Inscription/Avoid Judgment Lien, 1 along with Debtor's supporting memorandum 2 and supplemental supporting memorandum. 3 No opposition has been filed with respect to the instant motion. I. Findings of Fact Among Debtor's assets was rental property located at 9295 Old Southwick Pass, Fulton County, Alpharetta, Georgia....
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On September 23, 2015, Debtor, Ann Ruth Baehr ("Baehr"), filed a Motion to Avoid Lien and Cancel Inscription pursuant to 11 U.S.C. 522(f). 1 On October 12, 2015, Creditor, N.E.N.H., L.L.C. ("NENH"), filed an Opposition. 2 On October 22, 2015, the Court held a hearing, following which the matter was taken under submission. I. FINDINGS OF FACT On March 27, 2012, NENH filed suit on a promissory note and for recognition of a...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter came before the Court pursuant to Motions to Dismiss filed on behalf of United Student Aid Funds, Inc. ("USA Funds"), the Student Loan Marketing Association, now known as Navient Solutions, Inc.("Sallie Mae"), the United States Department of Justice ("DOJ") and the United States Attorney Kenneth Allen Polite, Jr. ("United States Attorney"). 1 Because the Court was required to look beyond the pleadings to resolve...
MEMORANDUM OPINION Jerry A. Brown , U.S., Bankruptcy Judge . This matter came before the court on the complaint of the Chapter 7 Trustee. The parties to this dispute have elected to submit briefs in lieu of an evidentiary trial, and have both stipulated to the authenticity of the exhibits and 2004 examinations provided in the pre-trial order that is referenced in this opinion. The trustee seeks to avoid a note and mortgage executed by the debtors on July 24, 2007 in favor of a relative,...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On July 9, 2013, Plaintiff, Mick Dorsey ("Dorsey"), filed the above-captioned adversary proceeding seeking discharge from certain student loan debt based upon an alleged disability. 1 The Complaint named United Student Aid Funds, Inc. ("USA Funds") and the United States Department of Education ("DOE") as defendants. Subsequently, Educational Credit Management Corporation ("ECMC") intervened in the proceeding alleging it was...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter is before the Court pursuant to a Motion to Recuse Judge Elizabeth W. Magner 1 filed by plaintiff, Mick Dorsey ("Dorsey"). Dorsey asserts that I should recuse myself from the above adversary proceeding for the following reasons: (1) I participated in a seminar sponsored by the American Conference Institute entitled "Consumer Finance Class Actions & Litigation" in which a listed participant is "Sallie Mae Bank"; 2 (...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter came before the Court on the confirmation of the Plan of Reorganization 1 filed by the debtor, Sylvia Mae Dufour ("Debtor"). I. Findings of Fact Debtor and her husband owned real property located at 1016 Webster St., Kenner, LA ("the Property"). Following her husband's death, Debtor owns 50% of the Property; her major children are naked owners of the other 50%; and she has a usufruct over their interest. It is...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On September 23, 2015, Chevron Midcontinent, L.P., Chevron U.S.A, Inc., and Union Oil Company of California's (collectively "Defendants") Motion to Transfer Venue 1 and Margaret Minor Shaffer, Milhado Lee Shaffer, Jr., and Catherine Allen's (collectively "Plaintiffs") Motion to Remand and/or Abstain 2 came up for hearing. At the conclusion of the hearing, the Court took the matters under advisement. I. Facts Plaintiffs own...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter is before the Court pursuant to a Motion for Summary Judgment 1 filed by Plaintiff, Mick Dorsey ("Dorsey"). Summary Judgment is proper when no genuine issues of material fact exist, and the moving party is entitled to judgment as a matter of law. 2 The movant bears the burden of proving the "absence of genuine issue of material fact." 3 "An issue is material if its resolution could affect the outcome of the...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on April 20, 2015 as a trial on the complaint of the plaintiff, Dianne Bates for non-dischargeability of a debt, evidenced by a promissory note for $275,000, prepared and signed by the debtor/defendant Carl Selenberg, her former attorney. After considering the testimony of the witnesses, the exhibits entered into evidence at trial, and the arguments of counsel, the court finds that the plaintiff...
MEMORANDUM OPINION Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court on June 16, 2015 on the Chapter 7 Trustee's motion to disallow exemption for a vessel and surrender of vessel and documentation (P-11), and the opposition thereto filed by the debtors (P-17). After reviewing the parties' motion and opposition, and the arguments of the trustee and debtor's counsel, the court entered an order denying the trustee's motion. The court issues this memorandum opinion...
OPINION Elizabeth W. Magner , Judge . A Complaint to Deny Discharge or, in the Alternative, Dismiss or Convert was filed by the Office of the United States Trustee ("UST") on October 1, 2014. In its Complaint, the UST alleged that Debtor's Schedules of Assets and Liabilities and Statement of Financial Affairs were false as Debtor had failed to disclose several assets owned on the Petition date and had failed to amend after discovery was made by the UST. Debtor, Kurella S. Rao ("Debtor"),...
