ORDER DISMISSING CASE J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before this Court on a review of the Order to Appear and Show Cause (the "Show Cause Order"), the Chapter 7 Trustee's Notice of Motion to Stay Dismissal of Case for Debtor's Failure to File a Certificate of Credit Counseling (the "Motion to Stay"), and the Chapter 7 Trustee's Notice of Motion for Order Directing Turnover (the "Motion for Turnover") (collectively, the "Matters"). On October 28, 2019, these Matters...
ORDER SUSTAINING TRUSTEE'S OBJECTIONS TO CLAIM OF EXEMPTIONS AND VALUATIONS AND DENYING FIRST BANK'S OBJECTION TO DEBTORS' EXEMPTIONS AS MOOT GEORGE R. HODGES , Bankruptcy Judge . THIS MATTER is before the court on the Chapter 7 Trustee's August 18, 2019 Objections to Exemptions and Valuations Claimed by Debtors ("Trustee's Objection") and First Bank's August 16, 2019 Objections to Debtors' Exemptions ("First Bank's Objection"). For the reasons stated herein, the court sustains the...
ORDER DENYING MOTION TO DISQUALIFY AND GRANTING MOTION FOR SANCTIONS J. CRAIG WHITLEY , Bankruptcy Judge . This matter is before the Court on the Motion by Daniel J. Roselli and Sara Garces Roselli to Disqualify Andrew M. Houston and Moon Wright & Houston, PLLC (the "Motion to Disqualify") (AP no. 1703063, docket no. 4) filed by Daniel J. Roselli and Sara Garces Roselli (collectively, the "Rosellis") and the Motion for Sanctions (AP no. 17-03063, docket no. 20) filed by The Finley Group,...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING JUDGMENT TO THE DEFENDANT Laura T. Beyer , United States Bankruptcy Judge . This case involves uncommon factual circumstances and the application of a deceptively simple statutory scheme that raises as many questions as it answers. The facts epitomize how the best of intentions can get off track and how a simple, personal loan made between two parties can lead to a complicated dispute over the dischargeability of that debt when one...
MEMORANDUM OPINION AND ORDER GRANTING THE DEBTOR'S REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF Laura T. Beyer , United States Bankruptcy Judge . On November 9, 2018 and January 24, 2019, the Court convened hearings on the Debtor's Motion for an Order (I) Preliminarily Enjoining Certain Actions Against Non-Debtors, or (II) in the Alternative, Declaring that the Automatic Stay Applies to Such Actions and (III) Granting a Temporary Restraining Order Pending a Full Hearing on the Motion [Adv....
MEMORANDUM OPINION AND ORDER DENYING THE OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS' MOTION FOR DISMISSAL, OR ALTERNATIVELY, VENUE TRANSFER Laura T. Beyer , United States Bankruptcy Judge . On November 9, 2018 and January 24, 2019, the Court convened hearings on the Motion of the Official Committee of Asbestos Claimants to (I) Dismiss the Debtor's Chapter 11 Case for Cause as a Bad Faith Filing Pursuant to 11 U.S.C. 1112(b), or Alternatively, (II) Transfer Venue in the Interest of...
ORDER DENYING AMENDED MOTION J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before the Court on the Amended Motion to Modify Chapter 13 Plan; to Determine Debtors have Cured Default and Paid All Required Post-Petition Amounts Including Mortgage Arrearage Cure Payments; to Deem Mortgage Loan Account Current; and Request for Non-Base Fee and Reimbursement of Expenses (the "Motion") filed by the Debtors on January 10, 2019. The Court held a hearing on the Motion on April 26, 2019 at...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S MOTION FOR SANCTIONS Laura T. Beyer , United States Bankruptcy Judge . This order comes at a pivotal crossroad in a lengthy and complex lawsuit involving Diana Houck (the "Plaintiff") and a party involved in the foreclosure sale of her home on December 20, 2011, Substitute Trustee Services, Inc. ("STS" or the "Defendant"). Indeed, after over five years of...
ORDER DENYING FRONT ROW MOTORSPORT'S MOTION TO COMPEL IMMEDIATE PAYMENT OF PRE-SALE CHARTER MEMBER FEES INVOICE J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER came on for hearing before the Court on January 30, 2019 (the "Hearing") upon Front Row Motorsport's Motion to Compel Immediate Payment of Pre-Sale Charter Member Fees Invoice (D.E. 211) (the "Motion" 1 ) filed by Front Row Motorsport, Inc. ("Front Row"), through counsel, in the above-captioned bankruptcy case (this "Case") on...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING JUDGMENT TO THE PLAINTIFF LAURA T. BEYER , Bankruptcy Judge . THIS MATTER is before the court after a trial 1 on the complaint of the Plaintiff, Marcia Carlson Smith. When the matter came before the court for trial, the only issue for the court to determine was whether the award of part of a 401(k) account owned by the Defendant, Stephen Shawn Smith, to the Plaintiff in a state court equitable distribution order (and referenced in...
ORDER DETERMINING THE STATUS OF THIS ADVERSARY PROCEEDING, EXAMINING THIS COURT'S SUBJECT MATTER JURISDICTION, RECOMMENDING WITHDRAWAL OF THE REFERENCE, AND SETTING STATUS HEARING LAURA T. BEYER , Bankruptcy Judge . THIS MATTER is before the court on its November 3, 2015 Order Requiring Briefing on Questions of Status, Jurisdiction, and Preemption ("Briefing Order"). In response to the Briefing Order, the Plaintiff filed a Preliminary Memorandum of Law on November 24, 2015; a Memorandum...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS J. CRAIG WHITLEY , United States Bankruptcy Judge . This matter is before the Court on the motion of Daniel and Sara Roselli (the "Defendants" or the "Rosellis"), to dismiss Claims Two and Three of the Amended Complaint filed by The Finley Group (the "Plaintiff" or the "Liquidating Agent"), Liquidating Agent for RedF Marketing, LLC ("RedF"), pursuant Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the parties' briefs...
ORDER DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE J. Craig Whitley , United States Bankruptcy Judge . This adversary proceeding involves an unfortunate family dispute replete with finger pointing and hurt feelings. The litigation pits a niece and nephew against their father's sister (their aunt). After the niece's and nephew's father died, the aunt was appointed executrix of his decedent's estate and became president of the deceased's business. At the heart of this fight, the niece and...
ORDER TRANSFERRING VENUE TO NORTH DAKOTA UNDER 28 U.S.C. 1412 Laura T. Beyer , United States Bankruptcy Judge . THIS MATTER came before the Court on the United States Bankruptcy Administrator's Motion to Dismiss or Change Venue [Dkt. 16, 07/24/17] (the " Motion "), in which the United States Bankruptcy Administrator argued that (a) venue of these two jointly administered Chapter 11 cases, In re Grand Dakota Partners, LLC, Case No.17-31184, and In re Grand Dakota Hospitality, LLC,...
ORDER OVERRULING TRUSTEE'S OBJECTION TO EXEMPTIONS Laura T. Beyer , United States Bankruptcy Judge . THIS MATTER is before the court on the Trustee's Objection to Exemptions ("Objection") filed by the Chapter 7 Trustee on January 17, 2017. The court held a hearing on the Motion on February 10, 2017 and announced its ruling at a hearing on March 10, 2017. Representatives of the Trustee and the Debtors appeared at both hearings. The Objection presents two issues to the court: (1) whether...
Order Granting Summary Judgment LAURA T. BEYER , Bankruptcy Judge . This matter came on for hearing on January 6, 2017 in Statesville, North Carolina on the Amended Motion for Summary Judgment of Plaintiff Vector Aerospace Engine Services-Atlantic, Inc. ("Vector") against the Defendant Claudia Faye Mason ("Mason"). Present at the hearing were Jameson P. Wells on behalf of Vector and Mason on behalf of herself. The Court took the matter under advisement and continued the hearing to...
FINDINGS AND RECOMMENDATIONS TO THE UNITED STATES DISTRICT COURT THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the motion by defendants John Bartle, Rebecca Bartle, Robert Rynard, Sr., BVM Management, Inc., a/k/a Bethany Village Management, Bethany Village Apartments, Inc., Bethany Village Apartments — New Castle, Inc., Americare Communities III, LLC, BVM Lakeshore, LLC, and Rynard Enterprises, Inc., a/k/a Rynard Enterprises, LLC, to withdraw the reference of...
RECOMMENDED ORDER GRANTING THIRD-PARTY DEFENDANT'S MOTION TO DISMISS J. CRAIG WHITLEY , Bankruptcy Judge . In this matter, General Arnold L. Punaro seeks dismissal of third-party claims for indemnification and contribution stemming from his role as a director of the DesignLine Corporation. Bankruptcy subject matter jurisdiction is lacking over the claims against Punaro. The United States District Court would appear to possess subject matter jurisdiction over these claims under 28 U.S.C....
ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY J. Craig Whitley , United States Bankruptcy Judge . This cause came before the Court on December 13, 2016, for a final hearing on the Motion for Relief from the Automatic Stay and Request for Interim Hearing Under Section 362(e) of the Bankruptcy Code filed by SiteOne Landscape Supply, Inc. ("SiteOne"). [Doc. 71]. 1 David A. Wender, Esq. appeared for SiteOne; Constance L. Young, Esq. appeared for PNC Bank, N.A. ("PNC"); Felton E....
ORDER DENYING THE LIQUIDATING TRUSTEE'S MOTION TO OBTAIN LITIGATION FINANCING J. Craig Whitley , United States Bankruptcy Judge . This matter is before the Court on the request by Elaine Rudisill, liquidating trustee of the DesignLine Corporation bankruptcy estate, to obtain financing to prosecute law suits against the debtors' former officers and directors. Specifically, the trustee proposes to "sell" a "portion of the proceeds" from three adversary proceedings to RDSL 1603-421 LLC (...
