MEMORANDUM OPINION AND ORDER ON DEFENDANT TOWER LOAN'S MOTION TO DISMISS OR, ALTERNATIVELY, TO COMPEL ARBITRATION AND TO DISMISS OR STAY CLAIMS PENDING ARBITRATION Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on October 25, 2017 (the "Hearing"), on the Defendant Tower Loan's Motion to Dismiss or, Alternatively, to Compel Arbitration and to Dismiss or Stay Claims Pending Arbitration (the "Motion to Dismiss or to Compel Arbitration"...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT OF NONDISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. 523 EDWARD ELLINGTON , Bankruptcy Judge . This matter came before the Court on the joint motion of the parties, ore tenus, for entry of an agreed judgment of nondischargeability in this case. The Court, having been fully advised in the premises, now issues this its Findings of Fact, Conclusions of Law and Judgment, as follows: FINDINGS OF FACT 1. On July 20, 2017, the United States...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT AND DENYING CROSS-MOTION FOR SUMMARY JUDGMENT Judge Katharine M. Samson , United States Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment (Adv. Dkt. No. 7) 1 by Plaintiff Kappa Development and General Contracting Inc. ("Kappa") and the Cross-Motion for Summary Judgment (Adv. Dkt. No. 10) by Defendant and Counterclaimant Hanover Insurance Company ("Hanover"). Kappa is the...
MEMORANDUM OPINION AND ORDER ON COMPLAINT TO SET ASIDE CONVEYANCE 544, 549 AND 362, FOR DAMAGES FOR VIOLATION OF AUTOMATIC STAY AND TO CANCEL CONVEYANCE AS CLOUD ON TITLE NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for trial on September 19, 2017 (the "Trial"), on the Complaint to Set Aside Conveyance 544, 549 and 362, for Damages for Violation of Automatic Stay and to Cancel Conveyance as Cloud on Title (Adv. Dkt. 1) 1 filed by Stephen Smith, the chapter 7...
MEMORANDUM OPINION EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Trustee's Motion to Approve Auction and for Authority to Sell Assets Free and Clear of Liens, Interest, Encumbrances and Claims — Real Property (Dkt. #546) filed by Derek A. Henderson, Chapter 7 Trustee, and the Response and Objection of Gluckstadt Holdings, LLC to Trustee's Motion to Approve Auction and for Authority to Sell Assets Free and Clear of Liens, Interest, Encumbrances and...
MEMORANDUM OPINION Edward Ellington , Judge . THIS MATTER came before the Court on the United States Trustee's Motion to Reconsider (Dkt. # 1216) and Response in Opposition to the U. S. Trustee's Motion to Reconsider Final Judgment (Dkt. # 1238) filed by Horne LLP. Having considered same, the Court finds that the United States Trustee's Motion to Reconsider (Dkt. # 1216) is not well-taken and should be denied. FINDINGS OF FACT 1 This case has been pending before this Court since...
ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTION TO CONFIRMATION AND OBJECTION TO CLAIM KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Objection to Pre-Petition Secured Claim (Dkt. No. 9) filed by Debtor Robert A. Munro and the Objection to Confirmation (Dkt. No. 19) filed by Creditor 21st Mortgage Corporation. The Court held a hearing on the objections on April 13, 2017, and took the matters under advisement. Dkt. Nos. 45, 46. Having considered the arguments...
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR REMAND KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Motion for Remand (Adv. Dkt. No. 17) 1 filed by Jessica Boggan Powell. The Court held a hearing on the motion on April 27, 2017, where counsel for both parties presented arguments but no additional evidence. Adv. Dkt. No. 29. Having considered the arguments and record in this case, the Court finds that the Motion for Remand should be granted in part and denied in...
MEMORANDUM OPINION KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for trial on February 21, 2017. Adv. Dkt. No. 46. 1 Jamie Lee House and Domita Tawnee House brought suit for turnover of property, contempt, and violation of the automatic stay. The Court, having considered the evidence, finds that Craft Auto Sales, LLC, willfully violated the automatic stay. I. Jurisdiction The Court has jurisdiction over the parties to and the subject matter of this Adversary Proceeding...
ORDER GRANTING MOTION TO DISMISS KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Motion to Dismiss Adversary Proceeding (Adv. Dkt. No. 14) 1 filed by Hope Enterprises. The Court held a hearing on the motion on April 27, 2017. Adv. Dkt. No. 20. Having considered the arguments and record in this case, the Court finds that the motion to dismiss should be granted I. Jurisdiction The Court has jurisdiction over the parties to and the subject matter of this Adversary...
MEMORANDUM OPINION AND ORDER DENYING SECOND FEE APPLICATION OF ROBERT A. CUNNINGHAM AND GRANTHAM, POOLE, RANDALL, REITANO, ARRINGTON & CUNNINGHAM, PLLC Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on February 27, 2017 (the "Hearing"), on the Second Application of Accountants/Consultants/Experts for the Debtor for Allowance of Fees and Allowance of Costs and Expenses (the "Second Fee Application") (Dkt. 461) filed by Community Home...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES AND FEES PURSUANT TO 11 U.S.C. 503(b)(4) OF LUKE DOVE Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on February 28, 2017 (the "Hearing"), on the Motion for Allowance of Administrative Expenses and Fees Pursuant to 11 U.S.C. 503(b)(4) (the "Motion") (Dkt. 1577) filed by Luke Dove ("Dove"); the Edwards Family Partnership, LP and Beher Holdings...
JUDGMENT ON ORDER TO SHOW CAUSE EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the above-styled case is hereby converted to a Chapter 7. IT IS FURTHER ORDERED that once a Chapter 7 trustee has been appointed and has entered his/her appearance in Adversary Proceeding No. 1500051EE, the Court will consider the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf,...
MEMORANDUM OPINION Edward Ellington , Judge . THIS MATTER came before the Court on the Order to Show Cause (Dkt. # 85) entered by the Court on August 22, 2016, the Response to Order to Show Cause (Dkt. # 88) filed by Patrick C. Malouf and Porter & Malouf, P.A.; Plaintiff's Reply to Defendants' Response to Order to Show Cause (Dkt. # 91) filed by James L. Henley, Jr., Chapter 13 Trustee; and Rebuttal to Plaintiff's Reply on Order to Show Cause (Dkt. # 93) filed by Patrick C....
AMENDED ORDER DENYING MOTION TO REOPEN KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Motion to Reopen Chapter 13 Case (Dkt. No. 148) filed by Sandra Jean Oliver ("Sandra"), attorney-in-fact for her father James Howard Oliver ("Howard"). Having considered the motion and record in this case, the Court construes the motion as a motion for reconsideration and denies the motion without hearing. 1 I. Jurisdiction The Court has jurisdiction over the parties to and the...
MEMORANDUM OPINION AND ORDER DENYING IN PART MOTION TO ESTABLISH CERTAIN CLAIMANTS AS CRITICAL VENDORS AND TO APPROVE CRITICAL VENDOR PAYMENTS FOR EMERGENCY ROOM PHYSICIANS Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on March 24, 2017 (the "Hearing"), on the Motion to Establish Certain Claimants as Critical Vendors and to Approve Critical Vendor Payments (the "Motion") (Dkt. 1725) filed by Pioneer Health Services, Inc. ("Pioneer...
FINAL JUDGMENT AND ORDER AWARDING ATTORNEY'S FEES KATHARINE M. SAMSON , Bankruptcy Judge . This matter is before the Court on the Application in Support of Request for Attorney's Fees (Adv. Dkt. No. 24) 1 filed by Creditor Hometown Credit, LLC. The Court previously found the debt owed by Jeanette Peters to Hometown Credit, LLC to be nondischargeable and allowed Hometown Credit, LLC to submit an attorney fee request. Hometown Credit, LLC v. Peters (In re Peters) Bankr. No. 15-02199, Adv....
ORDER DENYING MOTION FOR RELIEF FROM STAY, TO PROHIBIT USE OF CASH COLLATERAL, AND FOR ADEQUATE PROTECTION KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Motion for Relief from the Automatic Stay, To Prohibit or Condition Use of Cash Collateral, or in the alternative, For Adequate Protection (Dkt. No. 46) filed by Creditor Community Bank, Coast. The Court held a hearing on the motion on October 27, 2016, and provided the parties an opportunity to submit additional...
MEMORANDUM OPINION ON DEFENDANT MATTHEW J. PELLERIN'S MOTION FOR SUMMARY JUDGMENT EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Defendant Matthew J. Pellerin's Motion for Summary Judgment (Adv. Dkt. #45) and Response to Defendant Matthew Pellerin's Motion for Summary Judgment (Adv. Dkt. #48) filed by Robert Buchanan and Westwood Square Limited Partnership. Having considered same, and the briefs filed by the parties, the Court finds that the...
ORDER DENYING MOTION TO REOPEN KATHARINE M. SAMSON , Bankruptcy Judge . Before the Court is the Motion to Reopen Chapter 13 Case (Dkt. No. 148) filed by Sandra Jean Oliver ("Sandra"), attorney-in-fact for her father James Howard Oliver ("Howard"). Having considered the motion and record in this case, the Court construes the motion as a motion for reconsideration and denies the motion without hearing. 1 I. Jurisdiction The Court has jurisdiction over the parties to and the subject...
