ORDER DENYING MOTION TO DISMISS Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the Bankruptcy Administrator's motion to dismiss this chapter 7 case for abuse pursuant to 11 U.S.C. 707(b)(1), which turns on two competing interpretations of 707(b)(2) and Official Form 22A-2, and the propriety of the debtors' means test deductions on Lines 9 and 13 of that form. The Bankruptcy Administrator ("BA") argues that the debtors may deduct only their...
MEMORANDUM OPINION REGARDING TRUSTEE'S OBJECTION TO CONFIRMATION AND MOTION TO DISMISS David M. Warren , United States Bankruptcy Judge . This matter comes on to be heard upon the Objection to Confirmation of Plan and Motion to Dismiss ("Objection") filed by Joseph A. Bledsoe III, Esq., Chapter 13 Trustee ("Trustee") on September 5, 2014, and the response filed by Gregory Arcel Fields and Laura McSwain Fields ("Debtors") on September 29, 2014. The court conducted a hearing in Raleigh,...
ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Motion for Summary Judgment and accompanying Memorandum of Law in Support of the Motion for Summary Judgment ("Motion") filed by GT Contracting Corp. ("Plaintiff") on June 2, 2015 and the Opposition to Motion for Summary Judgment and Cross Motion for Summary Judgment and accompanying Memorandum of Law in Opposition to Motion for Summary Judgment filed by...
ORDER REGARDING MOTION FOR DETERMINATION OF SECURED STATUS AND MODIFICATION OF CLAIM OF HOUSEHOLD REALTY CORPORATION STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the debtor's motion to determine the secured status of, and modify, HSBC Mortgage Services, Inc.'s ("HSBC") claim. A hearing was held on November 10, 2015, in Wilmington, North Carolina. The debtor contends that HSBC has a security interest both in the debtor's principal residence and in escrow...
MEMORANDUM OPINION DENYING APPLICATION FOR ADMINISTRATIVE EXPENSE DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Application for Administrative Expenses Pursuant to Section 503 ("Application") filed by Only Fools & Horses, LLC ("OFH") on May 29, 2015, the Debtor's Objection to Application for Administrative Expense ("Objection") filed by Sandra Faulkner Butterworth ("Debtor") on June 22, 2015, the Objection to Application for Administrative Expenses filed by...
ORDER REGARDING MOTION FOR SANCTIONS STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . A hearing on the debtor's motion for sanctions against creditor First Federal Bank was held in Raleigh, North Carolina on July 29, 2015. For the reasons set out below, the court will award compensatory damages in the form of attorneys' fees in a nominal amount commensurate with the nominal effort that it reasonably should have taken to fairly and expeditiously resolve this simple matter. FACTUAL AND...
MEMORANDUM OPINION PARTIALLY ALLOWING AND PARTIALLY DENYING MOTION TO DISMISS DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon JPMorgan Chase Bank, N.A.'s Partial Motion to Dismiss Pursuant to Rule 12(b)(6) ("Motion to Dismiss") and accompanying Memorandum filed by JPMorgan Chase Bank, N.A. ("Defendant") on February 16, 2015 and the Response and accompanying Memorandum filed by Charles E. Hester and Barbetta Godwin Hester ("Plaintiffs"). The court conducted a...
ORDER ALLOWING MOTION FOR SUMMARY JUDGMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Defendant's Motion for Summary Judgment ("Summary Judgment Motion") filed by PNC Bank, National Association ("PNC") as servicer for North Carolina Housing Finance Agency ("NCHFA") on January 29, 2015 and the response filed by Alma Ruth Duran ("Plaintiff"). The court conducted a hearing in Raleigh, North Carolina on May 20, 2015. S. Troy Staley, Esq. appeared for PNC,...
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Motion for Preliminary Injunction filed by Karen Briley ("Plaintiff") on September 25, 2015 and the Joint Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Deere & Company and Harvey Fertilizer and Gas, Co. ("Defendants"). The court conducted a hearing in Raleigh, North Carolina on October 8, 2015. Rachel S. Decker, Esq. appeared on...
ORDER REGARDING CUMBERLAND COUNTY'S MOTION FOR ORDER APPROVING SALE STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the Motion for Order Approving Sale of Real Property Pursuant to Cumberland County's Election to Enforce the Declaration of Restrictions by Exercising its Option to Purchase (the "Motion"), filed by Cumberland County (the "County"). The Motion was allowed by Order dated May 8, 2015, after which Happy Endings, LLC ("HE") filed a motion to...
MEMORANDUM OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Plaintiff's Motion for Summary Judgment ("Summary Judgment Motion") filed by Michael Frank Whitehead, Sr. ("Plaintiff") and the Defendants' Cross Motion for Summary Judgment ("Cross Summary Judgment Motion") filed by Bennie S. Wallace and Kristen Wallace ("Defendants"). The court conducted a hearing in Raleigh, North Carolina on June 30, 2015....
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS AND ALLOWING ARBITRATION DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Defendant's Motion to Dismiss, or in the Alternative, to Stay Based on Arbitration Agreement ("Motion") filed by Precision 2000, Inc. ("Precision") on November 11, 2014, the response in support of the Motion filed by International Fidelity Insurance Corporation ("Fidelity") and the response in opposition to the Motion filed by...
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the motion for partial summary judgment, filed by U.S. Bank National Association ("U.S. Bank"), and CWCapital Asset Management, LLC ("CWCapital") (collectively, the "defendants"), as to Count Five of Burcam Capital II, LLC's (the "plaintiff") First Amended Complaint. 1 A hearing was held on June 17, 2015, in Raleigh, North Carolina. BACKGROUND The...
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court is the motion for partial summary judgment, filed by U.S. Bank National Association ("U.S. Bank"), and CWCapital Asset Management, LLC ("CWCapital") (collectively, the "defendants"), as to Count Five of Burcam Capital II, LLC's (the "plaintiff") First Amended Complaint. 1 A hearing was held on June 17, 2015, in Raleigh, North Carolina....
ORDER REGARDING MOTION FOR SUMMARY JUDGMENT Stephani W. Humrickhouse , United States Bankruptcy Judge . The matter before the court in this adversary proceeding is the motion of the plaintiff, Bank of America, N.A. ("BOA") for summary judgment. A hearing took place in Raleigh, North Carolina on April 30, 2015. BACKGROUND Anna Silvana Gallo filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code on December 19, 2012. The debtor and Earnest Gallo, the non-filing...
ORDER DENYING HAMLIN ROOFING COMPANY INC.'S MOTION FOR RECONSIDERATION AND CERTIFYING ORDER AS FINAL PURSUANT TO RULE 54(b) STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . This matter came on to be heard upon the motion of Hamlin Roofing Company, Inc. ("Hamlin") to reconsider (1) this court's order dated September 18, 2014, with regard to the court's denial of Hamlin's motion for summary judgment based on a statute of limitations defense (the "Statute of Limitations Order"), (2) this court's...
ORDER DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Motion for Order Directing Debtors to Make Additional Payments in Accordance with Confirmed Plan of Reorganization ("Payments Motion") filed by Southern States Cooperative, Inc. ("Southern States") on July 2, 2015 and the Response filed by Joseph S. Evans and Linda B. Evans ("Debtors") on July 16, 2015. The court conducted a hearing on August 26, 2015 in Raleigh, North Carolina. J. Michael Fields, Esq....
ORDER REGARDING FEE APPLICATION OF GEORGIA CAPITAL, LLC STEPHANI W. HUMRICKHOUSE , Bankruptcy Judge . The matter before the court is the application for reimbursement of legal fees, costs and expenses filed by Georgia Capital, LLC ("GCAP"). A hearing was held on March 31, 2015, in Raleigh, North Carolina. BACKGROUND William Douglas Parker, Jr., and Diana Lynne Parker (the "debtors") are the owners of various tracts of real property in North Carolina, and prior to filing for bankruptcy,...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS DAVID M. WARREN , Bankruptcy Judge . This matter comes on to be heard upon the Motion to Dismiss filed by Cebridge Acquisition, L.P. d/b/a Suddenlink Communications ("Defendant") on April 15, 2015 and the Response in Opposition to Motion to Dismiss filed by William Francis Winter and Kellianne Marie Winter a/k/a Kelli Cocoran or Kelli M. Winter ("Plaintiffs") on May 26, 2015. The court conducted a hearing in Raleigh, North...
ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT Stephani W. Humrickhouse , United States Bankruptcy Judge This matter came on to be heard upon the cross motions for summary judgment filed by Conan McClain ("McClain") and William Parker and Diana Lynne Parker (collectively, the "Parkers"). A hearing was held on February 4, 2015 in Raleigh, North Carolina. BACKGROUND The Parkers 1 own various tracts of real property in North Carolina, and prior to filing for bankruptcy, had engaged in...
