MEMORANDUM ORDER OVERRULING OBJECTION OF BANKRUPTCY ADMINISTRATOR TO DEBTOR'S SMALL BUSINESS DESIGNATION UNDER RULE 1020 BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on February 25, 2020, on the Objection of Bankruptcy Administrator to Debtor's Designation as Small Business Debtor (the "Objection"), ECF No. 14. At the hearing, James White appeared on behalf of Moore Properties of Person County, LLC ("Debtor"), and William P. Miller appeared as the...
ORDER DENYING MOTION FOR STAY PENDING APPEAL BENJAMIN A. KAHN , Bankruptcy Judge . This case is before the Court on the Motion for Stay Pending Appeal ("Stay Motion") filed by Field's Management, Inc. ("Fields" or "Appellant") on February 5, 2020. ECF No. 42. In the Stay Motion, Appellant requests that "the Bankruptcy Court suspend all pending proceedings against it or its attorney indefinitely, including all matters calendared for hearing on 13 February 2020, pending the United States...
MEMORANDUM OPINION AWARDING DAMAGES, ALLOWING COMPENSATION, AND IMPOSING SANCTIONS AGAINST FIELD'S MANAGEMENT, INC. BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This case is before the Court on Debtor's Complaint for Violation of the Automatic Stay and Sanctions (the "Sanctions Motion"), ECF No. 10, against Creditor Field's Management, Inc. ("Fields") and the Affidavit and Application for Attorney Fees in Connection with Action Filed Against Field's Management, Inc. (the "Fee...
MEMORANDUM OPINION AND ORDER LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding comes before the Court upon (1) the motion to dismiss filed by CitiFinancial Servicing, LLC (Docket No. 38) 1 and (2) the motion to dismiss filed by Carrington Mortgage Services, LLC and Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A (Docket No. 41), pursuant to Federal Rule of Bankruptcy Procedure 7012. After consideration of the record and...
ORDER AND OPINION SUSTAINING OBJECTION TO CLAIM BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on the Trustee's Objection to Allowance of Claim No. 36 (the "Objection"). ECF No. 159. At the hearing, Everett B. Saslow, Jr. (the "Trustee") appeared, Scott Curtis ("Claimant") appeared and testified, and Jeffrey Oleynik appeared on behalf Claimant. After hearing the testimony of Claimant and the arguments of counsel, the Court took the matter under...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO AMEND; GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS; AND GRANTING LEAVE TO FILE FURTHER MOTION TO AMEND TO THE EXTENT SET FORTH HEREIN BENJAMIN A. KAHN , Bankruptcy Judge . This adversary proceeding is before the Court on the Motion to Amend/Supplement the Complaint Objecting to Discharge of Debtors and Dischargeability of Debts (Sections 523 and 727) (the "Motion to Amend"), ECF No. 13, filed by Harry G....
Order Denying Application to Compensate Special Counsel for Trustee BENJAMIN A. KAHN , Bankruptcy Judge . THIS CASE is before the Court on the Application to Compensate Special Counsel for Trustee (the "Fee Application"), ECF No. 45, filed by the chapter 7 trustee, Gerald S. Schafer (the "Trustee"), on June 20, 2019. For the reasons set forth herein, the Fee Application will be denied. Jurisdiction and Authority The Court has jurisdiction over the subject matter of this proceeding...
MEMORANDUM OPINION AND ORDER LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding comes before the Court upon Greg Hunter's motion to dismiss under Federal Rule of Bankruptcy Procedure 7012. After consideration of the record and for the reasons stated herein, the Court will dismiss the adversary complaint with leave to amend. BACKGROUND Plaintiff Wanu Water, Inc. 1 ("Wanu"), founded in 2010 by Plaintiff Todd O'Gara ("O'Gara"), creates and sells nutrient-...
ORDER DENYING SECOND MOTION TO CONTINUE CONFIRMATION HEARING AND TO EXTEND THE TIME FOR PARTIES-IN-INTEREST TO RESPOND OR OBJECT TO A MODIFIED PLAN BENJAMIN A. KAHN , Bankruptcy Judge . THIS CASE is before the Court on the Second Motion to Continue Confirmation Hearing and to Extend the Time for Parties-in-Interest to Respond or Object to a Modified Plan (the "Second Motion to Continue"), ECF No. 55, filed by Jason Charles Coleman and Courtney Nicole Coleman ("Debtors"). The Court has...
MEMORANDUM OPINION CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court for trial on May 16, 2019. Samuel Pinero, II appeared on behalf of DFWMM Holdings, LLC ("DFWMM," or the "Plaintiff"), and Kenneth Johnson appeared on behalf of Dennis Richmond (the "Debtor" or the "Defendant"). The Debtor was also present and provided testimony. After considering the testimony, the arguments of the parties, and the record in this case, the Court finds that the debts...
ORDER CATHARINE R. ARON , Bankruptcy Judge . The Chapter 13 case of Cheryl Evonne Jackson ("the Debtor") came before the Court on, April 16, 2019 on a motion by Freedom Mortgage Corporation (the "Creditor") for relief from the automatic stay pursuant to 11 U.S.C. 362 to foreclose on real property located at 320 Pinecrest Street, Salisbury, North Carolina (the "Property") and for relief from the co-debtor stay pursuant to 11 U.S.C. 1301 as to Betty Cox, and good cause having been shown...
ORDER BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . THIS CASE came before the Court for hearing on the Objection to Notice of Postpetition Fees (the "Objection") filed by Debtor Rosetta Woods Paylor on October 10, 2018. ECF No. 31. At the hearing, Koury Hicks appeared on behalf of Debtor, Andrew L. Vining appeared on behalf of Ditech Financial, LLC ("Ditech"), and Benjamin Lovell appeared on behalf of the Standing Trustee (the "Trustee"). For the reasons set forth below, the...
MEMORANDUM OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court on September 18, 2018, in Greensboro, North Carolina to consider the Motion for Partial Summary Judgment [Doc. #31] (the "Motion for Partial Summary Judgment") filed by Evapco, Inc., EvapTech, Inc., Evapco Products, Inc., and Tower Components, Inc. (the "Plaintiffs" or the "Evapco Entities") on June 18, 2018. At the hearing, Joshua Glikin and Chris Towery appeared on behalf...
ORDER AMENDING MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , Bankruptcy Judge . On September 27, 2018, the Court denied the Motions for the reasons set forth in the Memorandum Opinion Denying Motions for Summary Judgment. ECF No. 204 (the "Opinion"). In the Opinion, the Court exercised its statutory authority under 28 U.S.C. 157, but erroneously cited 157(b)(2)(H). The Court's statutory authority to hear and determine the matters set forth in the pleadings...
MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This Adversary Proceeding is before the Court on the Motion for Summary Judgment and Memorandum in Support, ECF No. 178 ("Fidelity's Brief"), filed by Defendant Fidelity Bank ("Fidelity") and the Motion for Summary Judgment, ECF No. 184 ("Dealers' Motion for Summary Judgment"), filed by Defendant Dealers Assurance Company ("Dealers") (collectively, the "Motions for Summary Judgment")...
AMENDED MEMORANDUM OPINION AND ORDER 1 CATHARINE R. ARON , Bankruptcy Judge . THIS PROCEEDING is before the Court on remand from the United States Court of Appeals for the Fourth Circuit to consider the Court's subject matter jurisdiction over claims regarding the assignment of intellectual property to MDC Innovations, LLC, and MDC Inventions, LLC (the "MDC Companies"). The Court requested supplemental memoranda from the parties and held a hearing to consider the arguments on July 12,...
MEMORANDUM OPINION AND ORDER (Consolidated Cases for Purposes of Administration) CATHARINE R. ARON , Bankruptcy Judge . THIS PROCEEDING is before the Court on remand from the United States Court of Appeals for the Fourth Circuit to consider the Court's subject matter jurisdiction over claims regarding the assignment of intellectual property to MDC Innovations, LLC, and MDC Inventions, LLC (the "MDC Companies"). The Court requested supplemental memoranda from the parties and held a hearing...
ORDER GRANTING MOTION TO DISMISS COMPLAINT CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court on June 25, 2018, to consider the Motion to Dismiss Complaint [Doc. #5] filed by Dynamic International Airways, LLC (the "Debtor" or the "Defendant") on April 27, 2018. At the hearing, Walter Pitt and Gerald Gordon appeared on behalf of the Debtor and Brian Hodgkinson appeared on behalf of the Port Authority of New York and New Jersey (the "Plaintiff"). After...
ORDER AND OPINION DENYING MOTION FOR SANCTIONS AGAINST CORE TECHS, INC. FOR VIOLATION OF THE AUTOMATIC STAY, AND FOR A DETERMINATION THAT THE POST-PETITION DERIVATIVE ACTION IS VOID AB INITIO CATHARINE R. ARON , Bankruptcy Judge . THIS CASE came before the Court on July 11, 2018, in Winston Salem, North Carolina upon the Motion for Sanctions against Core Techs, Inc. for Violation of the Automatic Stay, and for a Determination that the Post-Petition Derivative Action is Void Ab Initio (the...
MEMORANDUM OPINION DETERMINING ATTORNEYS' FEES PURSUANT TO 11 U.S.C. 303(i) CATHARINE R. ARON , Bankruptcy Judge . This case is before the Court for consideration of the Declaration of Jeffrey E. Oleynik [Doc. #25], requesting a recovery of attorneys' fees for the alleged Debtor ("Mr. Curtis") in the amount of $9,776.00, 1 and the Response to the Request filed by counsel for J.C. Squared, Inc. [Doc. #26]. For the reasons stated herein, the Court will award attorneys' fees to Mr. Curtis...
