ORDER AND OPINION ON 502(d) ISSUE AND JURY TRIAL DEMAND Stephani W. Humrickhouse , United States Bankruptcy Judge . The matters before the court are: (1) debtor Southern Produce Distributors Inc.'s objections to claims of Blake Gary Adams (Scheduled Claim No. 3.17), William Gary Adams (Scheduled Claim No. 3.136), Keith Smith (Scheduled Claim No. 3.74), Strickland Farming Partnership (Claim No. 55), D & T Farms, Inc. (Claim No. 45), and Warren Farming Partnership (Claim No. 43), pursuant to...
ORDER DENYING AWARD OF ATTORNEY FEES JOSEPH N. CALLAWAY , Bankruptcy Judge . On October 24, 2019, the court entered an Order and Memorandum Opinion on Summary Judgment allowing the motion for summary judgment filed by the plaintiff, DIRECTV, LLC ("DTV"), finding that the debt owed to DTV by the debtor, Randy P. Coley ("Mr. Coley" or the "Defendant"), was excepted from discharge pursuant to 11 U.S.C. 523(a)(4) for the reasons stated therein. AP Dkt. 37. 1 A judgment, AP Dkt. 38, was also...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS David M. Warren , United States Bankruptcy Judge . This matter comes before the court upon the Pre-Answer Motion to Dismiss ("Motion to Dismiss") filed by Keith Douglas Medlin ("Defendant") on July 1, 2019 and the Opposition filed by Janet Beabout ("Ms. Beabout") and Vivian Humphrey ("Ms. Humprey") (collectively "Plaintiffs") on July 16, 2019. The court conducted a hearing on August 20, 2019 in Raleigh, North Carolina. Cort I. Walker,...
ORDER OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S AMENDED EXEMPTIONS David M. Warren , United States Bankruptcy Judge . This matter comes on to be heard upon the Trustee's Objection to Debtor's Amended Exemptions ("Objection") filed by James B. Angell, Esq. ("Trustee"), Chapter 7 trustee, on September 19, 2019 and the Response to Trustee's Objection to Amended Exemptions filed by James Edward Parker ("Debtor") on October 18, 2019. The court conducted a hearing in Raleigh, North Carolina on...
ORDER AND MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT Joseph N. Callaway , United States Bankruptcy Judge . Pending before the court is the Motion for Summary Judgment (AP Dkt. 16; the "Motion") of plaintiff DIRECTV, LLC ("DIRECTV" or "Plaintiff") filed July 2, 2019. A response in opposition was filed by defendant, Randy P. Coley ("Defendant" or "Mr. Coley") on July 23, 2019 (AP Dkt. 21; the "Response"). 1 The hearing on the Motion and Response was noticed for and conducted on...
MEMORANDUM OPINION Joseph N. Callaway , United States Bankruptcy Judge . The trial of this adversary proceeding was conducted on July 30 and 31, 2019, in Greenville, North Carolina. The parties requested an opportunity to submit post-trial briefs on two discrete issues, which was allowed, and the matter is now ready for determination. 1 BACKGROUND Randy P. Coley filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code on April 30, 2018. On July 16, 2018, a consent...
ORDER GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING AND ALLOWING OBJECTION TO CLAIMED EXEMPTION Stephani W. Humrickhouse , United States Bankruptcy Judge . The matters before the court are the Objection to Claimed Exemption filed in the bankruptcy case on May 13, 2019, Dkt. 14, and the Motion to Dismiss Amended Adversary Complaint filed in the adversary proceeding on June 26, 2019, Dkt. 10. The debtors filed responses on May 21, 2019, Dkt. 18, in the bankruptcy case and on July 10, 2019,...
MEMORANDUM OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT JOSEPH N. CALLAWAY , Bankruptcy Judge . The matters before the court are the Motion for Summary Judgment filed by the Plaintiff, Swift Financial Corporation d/b/a Swift Capital, Dkt. 38, and the Cross-Motion for Summary Judgment filed by Defendant Robert W. Steele, II, Dkt. 40. A hearing took place in Greenville, North Carolina on June 18, 2019. JURISDICTION This court has jurisdiction over this adversary proceeding pursuant...
ORDER REGARDING OBJECTION TO HOMESTEAD EXEMPTION STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court are the Objection to Exemptions filed by Patricia H. Suggs ("Ms. Suggs") on February 22, 2019, Dkt. 11, and the Trustee's Objection to Debtor's Claim of Homestead Exemption filed on April 5, 2019, Dkt. 27. The debtor filed responses on March 4, 2019, Dkt. 12, and April 18, 2019, Dkt. 29. A hearing was held on May 2, 2019 in Raleigh, North Carolina, at the conclusion...
MEMORANDUM ORDER AND OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Motion for Summary Judgment and Incorporated Memorandum of Law ("Plaintiff's Summary Judgment Motion") filed by Karen Thomas ("Plaintiff") on February 1, 2019 and the Motion for Summary Judgment and Incorporated Memorandum of Law ("Defendant's Summary Judgment Motion") filed by Lee Roy Thomas IV ("Defendant") on February 22, 2019. The...
ORDER DISMISSING CLAIMS FOR RELIEF DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Motion to Dismiss and Motion for Judgment on the Pleadings ("Rule 12 Motion") filed by Meherrin Agricultural & Chemical Company ("Defendant") on February 4, 2019 and the Response filed by Robert L. Dawson Farms, LLC ("Plaintiff") on March 4, 2019. The court conducted a hearing on March 28, 2019 in Raleigh, North Carolina. Michael R. Spitzer II, Esq. appeared for the Defendant;...
ORDER REGARDING MOTION TO DISMISS JOSEPH N. CALLAWAY , Bankruptcy Judge . The matter before the court is the motion to dismiss this adversary proceeding filed by Defendant Caliber Home Loans ("Caliber"), D.E. 13. A hearing took place in Greenville, North Carolina on April 3, 2019. BACKGROUND Sharon Peele Kennedy filed a petition for relief under chapter 13 of the Bankruptcy Code on June 22, 2017. On August 30, 2017, Caliber filed a proof of claim, Claim No. 3-1, in the amount of $153,269....
MEMORANDUM OPINION REGARDING CONFIRMATION OF PLAN DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Third Amended Plan of Reorganization ("Third Amended Plan") filed by Penny Jo Hamilton-Gaertner ("Debtor") on March 23, 2018 and the Objection thereto filed by Ascentium Capital LLC ("Ascentium") on May 1, 2018. The court conducted a hearing on May 10, 2018 in Raleigh, North Carolina. Clayton W. Cheek, Esq. appeared for the Debtor, Samuel D. Fleder, Esq....
ENTRY OF FINAL JUDGMENT AS TO CLAIMS AGAINST SUNTRUST JOSEPH N. CALLAWAY , Bankruptcy Judge . Pursuant to Rule 7054 of the Federal Rules of Bankruptcy Procedure, the Order Allowing Motion to Dismiss Filed by SunTrust Bank, D.E. 193, is determined to be a final judgment as to the claims of the Plaintiff against SunTrust Bank in this action, as the order granting the motion to dismiss disposed of all claims against SunTrust. There is no reason to delay entry of judgment and the order meets...
ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matters before the court are cross-motions for summary judgment filed by the chapter 11 debtors and plaintiffs, David Dunn Mullaney and Elise Humphreys Mullaney (D.E. 37), and by defendants Bank of America, N.A. and CitiMortgage, Inc. (D.E. 35). Both motions were filed on December 12, 2018, and responsive memoranda subsequently were filed by both plaintiffs (D.E. 47) and defendants (D.E. 48)...
MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTION TO CLAIM David M. Warren , United States Bankruptcy Judge . This matter comes on to be heard upon the Trustee's Motion for Summary Judgment filed by Richard D. Sparkman, Esq. ("Trustee"), Chapter 7 trustee in the matter of James Alexander Mason, Jr. ("Debtor"), on July 23, 2018 and the Response to Trustee's Motion for Summary Judgment and Brief in Support by Scott Landress filed by Scott Landress ("Landress") on October 12, 2018. The court...
ORDER ALLOWING MOTION TO DISMISS FILED BY SUNTRUST BANK JOSEPH N. CALLAWAY , Bankruptcy Judge . The matter before the court is the motion to dismiss filed by SunTrust Bank ("SunTrust") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, made applicable to this adversary proceeding by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure (AP D.E. 92; 1 the "Motion"). A hearing took place in Greenville, North Carolina on January 23, 2019. For the reasons that follow and...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS DAVID M. WARREN , Bankruptcy Judge . This matter comes before the court upon the Defendant's Motion to Dismiss ("Motion to Dismiss") filed by Panatte, LLC ("Defendant") on August 15, 2018 and the Plaintiffs' Objection to Defendant's Motion to Dismiss filed by Robert W. Batten and Donna L. Batten ("Plaintiffs") on September 24, 2018. The court conducted a hearing in Raleigh, North Carolina on November 8, 2018. Joseph J. Vonnegut, Esq. appeared...
ORDER ALLOWING OBJECTION TO PACA CLAIM OF SOUTHERN ROOTS FARMING COMPANY, LLC Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the debtor's Objection to PACA Claim No. 79 filed by Southern Roots Farming Company, LLC on June 6, 2018, Dkt. 379 (the "Debtor's Objection"), Castellini Company, LLC's and SP Funding, LLC's Omnibus Objections to Asserted PACA Claims filed on June 4, 2018, Dkt. 360 ("SPF Objection"), the Objection to PACA Claim [Southern...
ORDER ALLOWING OBJECTION TO PACA CLAIM OF KORNEGAY FAMILY PRODUCE, LLC STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the Objection to PACA Claim of Kornegay Family Produce, LLC filed by the debtor on October 16, 2018, Dkt. 279 (the "Objection"). A response to the Objection was filed by Kornegay Family Produce, LLC ("Kornegay") on November 15, 2018, Dkt. 320 (the "Response"). A hearing was held in Raleigh, North Carolina on December 6, 2018, at which the...
