OPINION AND ORDER GRANTING MOTION FOR RELIEF OF AUTOMATIC STAY TO OFFSET Judge Selene D. Maddox , United States Bankruptcy Judge . THIS CAUSE comes before the Court on the Motion for Relief of Automatic Stay to Offset (Dkt. #129) which was filed in the above-styled case. The Movant is the United States of America (the "Government"), represented by U.S. Attorney William C. Lamar and Assistant U.S. Attorney Samuel D. Wright who collectively represent the Commodity Credit Corporation ("...
MEMORANDUM OPINION AND ORDER SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE comes before the Court on the Debtor/Plaintiff/Counter-Defendant's adversary proceeding to establish dischargeability of a debt, and for a dispositive ruling on the following: (1) the Objection to Proof of Claim of Catherine A. Potts (Dk. #23) 1 ; (2) the Response to Objection to Claim of Catherine A. Potts (Dkt. #32), and (3) the Objection to Confirmation of Plan and Objection to Motion to Avoid Lien. (...
OPINION AND ORDER DENYING DEBTORS' MOTION TO CONVERT CASE TO CHAPTER 13 SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE came before the Court for hearing on the Debtors' Motion By Debtor to Convert Case Under Chapter 7 to Case Under Chapter 13 (Dkt. #35) (the "Motion to Convert"). On January 7, 2020, the Court issued a bench ruling, which this opinion and order incorporates by reference. I. JURISDICTION This Court has jurisdiction pursuant to 28 U.S.C. 151, 157(a), and 1334(b) and...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO CONVERT CASE TO CHAPTER 13 (Dkt. # 10) JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court for hearing on October 29, 2019, on the Motion to Convert Case to Chapter 13 (Dkt. # 10) filed by the debtor, Ashley Powell Tillman. The issue is whether the debtor's failure to disclose her ownership of real property on her bankruptcy schedules warrants denial of her motion. It does, and the motion is due to be denied. I....
MEMORANDUM OPINION AND ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT (DKT. ## 67 & 69) JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding is before the Court on the Motion for Summary Judgment (A.P. Dkt. # 67) filed by the Defendant/Counter-Plaintiff, Triumph Bank ("Triumph"), and the Motion for Summary Judgment (A.P. Dkt. # 69) 1 filed by the Plaintiff/Counter-Defendant, The Official Committee of Unsecured Creditors of Aluminum Extrusions, Inc. (the "Committee"). The...
MEMORANDUM OPINION AND ORDER JASON D. WOODARD , Bankruptcy Judge . This case came before the Court for an evidentiary hearing on September 10, 2019 on the Objection to Claim of Lee Word Filed by Terry W. Richey, II (Dkt. # 53) ("the Objection"). The deadline to file claims in this bankruptcy case was May 8, 2019 (Dkt. # 22). Mr. Word filed his claim on July 1, 2019. Mr. Word argues his claim should be deemed timely because he did not receive adequate notice of the debtor's bankruptcy...
MEMORANDUM OPINION AND ORDER JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court for hearing on June 25, 2019 on the debtors' Objection to Proofs of Claim of Mechanics Bank (the "Objection to Claim") (Dkt. #61) and Mechanics Bank's Objection to Confirmation of Debtor's Chapter 13 Plan and Motion for Valuation and Lien Avoidance (the "Objection to Confirmation") (Dkt. #89). The issue in this case is whether the bank violated the Truth in Lending Act ("TILA") by...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO COMPEL TURNOVER (Dkt. # 12) Judge Jason D. Woodard , United States Bankruptcy Judge . This matter came before the Court on the Motion to Compel Turnover (Dkt. # 12) filed by the Chapter 7 Trustee, William L. Fava (the "Trustee"), and the Response in Opposition to Trustee's Motion to Compel Turnover (Dkt. # 18) filed by the Debtor, Bryan Peter Fernandes (the "Debtor"). The question is whether the Debtor's tax refund proceeds remained...
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE comes before the Court on the Defendants' Motion for Summary Judgment [Dkt # 12]. No response has been submitted by the Plaintiff, but on July 19, 2019, the Defendants supplemented their motion with additional discovery that was not available when the motion was initially filed. The Court concludes for the reasons outlined below that summary judgment is GRANTED. I. JURISDICTION...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR CONTEMPT OF DISCHARGE INJUNCTION FILED AGAINST PRESTIGE AUTO SALES, RALPH E. PINNER, SR. D/B/A PRESTIGE AUTO SALES AND RALPH E. PINNER, SR, INDIVIDUALLY (Dkt. # 55) JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court for hearing on the Motion for Contempt of Discharge Injunction Filed Against Prestige Auto Sales, Ralph E. Pinner, Sr. d/b/a Prestige Auto Sales and Ralph E. Pinner, Sr., Individually (the "Motion for...
MEMORANDUM OPINION AND ORDER DENYING CITIZENS NATIONAL BANK'S MOTION FOR RELIEF FROM AUTOMATIC STAY AND FOR ABANDONMENT [DKT. #83] SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE comes before the Court on the Motion for Relief from Automatic Stay and for Abandonment [Dkt. #83] filed by Creditor Citizens Bank ("Citizens") and the Debtors' Response [Dkt. #88]. The Court has heard oral arguments and reviewed the letter briefs outlining the parties' respective positions and authority and...
MEMORANDUM OPINION AND ORDER SUSTAINING IN PART DEBTOR'S OBJECTION TO NOTICE OF POSTPETITION MORTGAGE FEES, EXPENSES, AND CHARGES SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE comes before the Court on the Debtor's Objection (Dkt. #37) to the Notice of Postpetition Mortgage Fees, Expenses, and Charges ("the Notice") (Dkt. #35), which was filed by Deutsche Bank National Trust Company ("Deutsche Bank"). The Court heard oral arguments on April 9, 2019. On April 24, 2019, counsel for...
ORDER DENYING MOTION TO IMPOSE AUTOMATIC STAY (DKT. # 21) JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court on the Motion to Impose Automatic Stay (Dkt. # 21) filed by Lisa Keeton Clark (the "Debtor") on April 9, 2019 and discussed at the related hearing on Planters Bank's Expedited Motion Seeking Confirmation That No Automatic Stay Protects the Debtor and Debtor's Interests in Certain Real Properties, for Abandonment of Same from the Debtor's Estate and Other...
SO ORDERED. JASON D. WOODARD , Bankruptcy Judge . ORDER ON OBJECTION TO PROOF OF CLAIM OF SOUTHERN BANCORP BANK (DKT. # 14) AND OBJECTION TO CONFIRMATION (DKT. # 19) This matter came before the Court for hearing on January 8, 2019 on the Objection to Proof of Claim of Southern Bancorp Bank (the "Objection to Claim") (Dkt. # 14) filed by Vernon L. Gray (the "Debtor") and the Objection to Confirmation (Dkt. # 19) filed by Southern Bancorp Bank (the "Bank"). At the hearing, the parties...
ORDER HOLDING ADVERSARY PROCEEDING IN ABEYANCE SELENE D. MADDOX , Bankruptcy Judge . This matter comes before the Court sua sponte. Willie Jackson (the "Debtor") filed his Complaint for Injunction (Dkt. #1) and Emergency Motion for Temporary Restraining Order (Dkt. #2) in an effort to stop a foreclosure by Guaranty Bank & Trust Company ("Guaranty"). Later, the Court entered an Agreed Order Resolving Motion for Temporary Restraining Order ("the Agreed Order") (Dkt. 12), giving the Debtor...
ORDER OF RECUSAL AND REASSIGNMENT SELENE D. MADDOX , Bankruptcy Judge . Pursuant to 28 U.S.C. 455(a), the undersigned hereby recuses from this case. This case is reassigned to the Honorable Jason D. Woodard, effective immediately. SO ORDERED.
MEMORANDUM OPINION AND ORDER SELENE D. MADDOX , Bankruptcy Judge . THIS CAUSE comes before the Court on the Motion for Comfort Order Regarding Automatic Stay and For Other Relief [Dkt. #22] ("the Motion") filed by Wilmington Savings Fund Society, FSB ("Wilmington"), the trustee for Stanwich Mortgage Loan Trust A, the original mortgagee for the real estate at issue here. Both Wilmington and the Debtor have presented oral arguments and supporting briefs. After careful review, the Court...
MEMORANDUM OPINION AND ORDER Judge Selene D. Maddox , United States Bankruptcy Judge. This matter came before the Court for hearing on January 15, 2019 on the following two motions: 1. The Application to Compromise Controversy [Dkt # 25] which has been filed in the adversary proceeding One Source Forms and Labels, Inc. et al. v. Amy Callahan et al., Adv. No. 18-01015 ("the adversary proceeding"), and 2. The Application for Authority to Pay Compensation to Special Counsel ("the...
ORDER DENYING MOTION TO AMEND FINAL JUDGMENT TO DETERMINE INTEREST THEREON AND TO DETERMINE PREJUDGMENT INTEREST AND LIFT THE STAY (DKT. # 159) JASON D. WOODARD , Bankruptcy Judge . This matter is before the Court on the Motion to Amend Final Judgment to Determine Interest Thereon and to Determine Prejudgment Interest and Lift the Stay (the "Second Motion for Prejudgment Interest") (Dkt. # 159) filed by David Baird (the "Plaintiff"). A hearing was held on December 18, 2018, where the...
MEMORANDUM OPINION 1 JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding came before the Court for trial on November 1, 2018, on the Complaint to Determine Nondischargeability of Debt (the "Complaint") (A.P. Dkt. #1) filed by the creditor-plaintiff Jerry Paul Mize (the "Plaintiff") against the debtor-defendant Matthew Coburn (the "Defendant"). Both the Plaintiff and the Defendant appeared and testified, as did the Plaintiff's wife, Allyson Mize, and the Defendant's father-in-...
