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 (...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING JUDGMENT TO THE DEFENDANT LAURA T. BEYER , Bankruptcy Judge . This dischargeability action came before the court for trial on March 16, 2016. The Plaintiff, First National Bank of Omaha, alleges that the Defendant, Christopher Beller, is indebted to the Plaintiff in the amount of $29,702.86 pursuant to a credit card agreement with the Plaintiff and that the debt is nondischargeable under 11 U.S.C. 523(a)(2)(A) of the Bankruptcy...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING JUDGMENT TO THE DEFENDANT LAURA T. BEYER , Bankruptcy Judge . This dischargeability action came before the court for trial on March 16, 2016. The Plaintiff, First National Bank of Omaha, alleges that the Defendant, Christopher Beller, is indebted to the Plaintiff in the amount of $29,702.86 pursuant to a credit card agreement with the Plaintiff and that the debt is nondischargeable under 11 U.S.C. 523(a)(2)(A) of the Bankruptcy...
