MEMORANDUM OPINION CATHERINE R. ARON , Bankruptcy Judge . THIS MATTER came before the Court for trial on October 9, 2014, after due and proper notice, upon the Complaint to Determine Dischargeability of a Debt (the "Complaint") filed by Cabarrus County and the Cabarrus County Department of Social Services, now the Department of Human Services (the "County"). Appearing before the Court was Richard M. Koch, counsel for the County; and Kristen Nardone, counsel for Richard and Jennifer Boyd (...
MEMORANDUM OPINION GRANTING PARTIAL SUMMARY JUDGMENT BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding is before the Court on the Motion for Summary Judgment as to Defendants Matthew Birely and ES2, LLC (the "Motion for Summary Judgment") [Doc. # 62] filed by Charles M. Ivey, III (the "Plaintiff") on July 9, 2015. Plaintiff asks this Court to enter summary judgment against Matthew Birely and ES2, LLC (collectively, the "Defendants"). 1 For the reasons stated...
MEMORANDUM OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . This adversary proceeding came before the Court for trial on October 15, 2015, in Greensboro, North Carolina, upon the Complaint filed by Cable's Enterprise, LLC (the "Debtor" or "Plaintiff"), seeking: (1) to determine the secured status of a creditor under 11 U.S.C. 506; (2) to avoid a claim of lien under 11 U.S.C. 544 and 541; (3) to recover damages for injury to a 2006 Caterpillar 325 DL Excavator (the "Excavator");...
MEMORANDUM OPINION LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came on before the Court for trial in Winston-Salem, North Carolina on September 1, 2015 on a Complaint Objecting to Discharge. After considering the pleadings, evidence, and arguments of counsel, this Court makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure: STATEMENT OF THE CASE AND JURISDICTION The United...
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT LENA MANSORI JAMES , Bankruptcy Judge . This matter came before the court on September 22, 2015 upon the Trustee's Motion for Summary Judgment. John Paul H. Cournoyer appeared for the Chapter 7 Trustee, and James White appeared for Debtor and Defendant, Linda Novara. After reviewing the parties' motions, briefs, and oral arguments, this court finds as follows: FACTUAL BACKGROUND Joseph and Linda Novara ("the Debtors") filed a...
MEMORANDUM OPINION TAKING JUDICIAL NOTICE, GRANTING MOTION TO DISMISS, AND OVERRULING OBJECTION TO CLAIM BENJAMIN A. KAHN , Bankruptcy Judge . The captioned adversary proceeding and the captioned bankruptcy case came before the Court on Defendant's Motion to Dismiss the Adversary Proceeding [AP No. 15-2028 (the "AP") Doc. # 6] (the "Motion to Dismiss") filed on August 19, 2015, the Debtor's Objection to Claim No. 2 of Bank of America (Bankr. Case No. 15-10251 (the "Bankruptcy Case") [Doc. #...
OPINION AND ORDER Catharine R. Aron , United States Bankruptcy Judge . THIS MATTER came on for hearing on April 27, 2015, in Durham, North Carolina, upon the cross-motions for summary judgment filed by Sara Conti, Chapter 7 Trustee for Clean Bum Fuels, LLC ("Clean Burn") and Perdue BioEnergy, LLC ("Perdue"). At the hearing, Vicki Parrott and JP Cournoyer appeared on behalf of Clean Burn, and Gregory Crampton, Steven Newton, Carey Deeley, and Andrew Currie appeared on behalf of Perdue....
MEMORANDUM OPINION BENJAMIN A. KAHN , Bankruptcy Judge . Plaintiff brought this adversary proceeding to determine the dischargeability of a prepetition judgment for fraud based upon a jury verdict entered against the Debtor Emil Richard Dovan, Jr. ("Debtor" or "Dovan") by the United States District Court for the Southern District of Mississippi (the "District Court") [Adv. No. 13-2055, Doc. #25, Exhibit B] (the "Judgment"). 1 The Judgement was affirmed by the United States Court of...
MEMORANDUM OPINION DENYING SUMMARY JUDGMENT BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This case is before the Court on the Defendant's Motion for Summary Judgment [Adv. No. 13-02060, Doc. #19] filed on November 3, 2014 [Adv. No. 13-02060, Doc. #19] (the "Motion for Summary Judgment"). The Defendant, the North Carolina State Education Assistance Authority ("NCSEAA"), also filed a Brief in Support of its Motion for Summary Judgment on November 3, 2014 [Adv. No. 13-02060, Doc. #20]...
ORDER DENYING MOTION TO DISMISS COUNTERCLAIM BENJAMIN A. KAHN , Bankruptcy Judge . This case came before the Court for hearing on August 28, 2014, upon the Answer to Counterclaim filed by John J. Harvey, Jr. ("Harvey") and Impact Point Consulting, Incorporated ("Impact Point") (together, "Plaintiffs") on May 5, 2014 [Doc. # 16] ("Answer to Counterclaim"), the Court's Scheduling Order entered May 19, 2014 [Doc. # 18] (the "Scheduling Order"), the Plaintiffs' Brief in Support of Dispositive...
