MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN BRIAN F. KENNEY , Bankruptcy Judge . This case presents the issue of whether the Debtor may deduct the sum of $1,463.00 for a monthly mortgage obligation for the support of her elderly mother-in-law under the Chapter 13 means test. For the reasons stated below, the Court holds that the deduction is not allowable under the means test. The Court, therefore, will sustain the Chapter 13 Trustee's...
MEMORANDUM OPINION KLINETTE H. KINDRED , Bankruptcy Judge . The matter before the Court involves a contract dispute between Khader and Nanette Azzouz, former owners of Bagels and Beyond, LLC and Mansour and Samar Annab, former owners of Annab Inc. d/b/a Bagel Bagel. The Court must determine which party breached the contract and the amount of damages the prevailing party is entitled to receive. I. BACKGROUND On April 4, 2014, debtors Khader and Nanette Azzouz ("Plaintiff") 1 , entered...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . On September 19, 2019 (the "Trial Date"), the Court conducted a trial (the "Trial") on the complaint (the "Complaint") of Melissa K. Bass (the "Plaintiff") for a determination whether the debt owed to her by the debtor, Joshua B. Romano (the "Debtor"), is not dischargeable under section 523(a)(2)(A) of title 11 of the United States Code (the "Bankruptcy Code"). At the conclusion of the trial, the Court took the matter under...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . On May 15, 2019 (the "Petition Date"), Blas Lopez (the "Debtor") filed a voluntary petition under chapter 13 of Title 11 of the United States Code (the "Bankruptcy Code"). Two days after the Petition Date, the Debtor filed a Complaint to Determine the Validity, Priority or Extent of Liens [ECF No. 1] (the "Complaint"), thereby commencing this adversary proceeding (the "Adversary Proceeding") against Specialized Loan Servicing...
MEMORANDUM OPINION AND ORDER GRANTING U.S. TRUSTEE'S MOTION TO DISMISS BANKRUPTCY CASE FOR ABUSE Brian F. Kenney , United States Bankruptcy Judge . This matter came before the Court on the U.S. Trustee's Motion to Dismiss this bankruptcy case for abuse under Bankruptcy Code Sections 707(b)(2) and 707(b)(3). Docket No. 14. The Debtor filed an Opposition to the Motion. Docket No. 17. The Court heard the evidence and the parties' arguments on September 10, 2019. For the reasons stated below,...
MEMORANDUM OPINION AND ORDER KEITH L. PHILLIPS , Bankruptcy Judge . Debtor Jay Christian Dean (the "Debtor") filed this chapter case on November 28, 2018. On August 14, 2019, the Court held a hearing on the objections filed by the Chapter 13 trustee (the "Trustee") and Cassandra Dean to confirmation of the Debtor's amended Chapter 13 plan (the "Amended Plan") filed on June 12, 2019. The Court also addressed the motions of both Cassandra Dean and the Trustee to dismiss the Debtor's case,...
MEMORANDUM OPINION STEPHEN C. ST. JOHN , Chief United States Bankruptcy Judge . This matter came on for trial on February 12, 2019, upon the Corrected Complaint to Determine Nondischargeability of Debt pursuant to 11 U.S.C. 523(a)(2)(A) and 523(a)(4), filed by Commercial Cash Flow, L.L.C., t/a Beach Commercial Finance ("Beach Commercial"). At the conclusion of the trial, the Court took this matter under advisement. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C....
MEMORANDUM OPINION AND ORDER GRANTING: (A) U.S. BANK NATIONAL ASSOCIATION'S MOTION TO CONFIRM ABSENCE OF THE AUTOMATIC STAY (DOCKET NO. 13); AND (B) CLEAR SKY PROPERTIES, LLC'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY (DOCKET NO. 32) BRIAN F. KENNEY , Bankruptcy Judge . This matter came before the Court on the Motion of U.S. Bank National Association ("U.S. Bank") to Confirm Absence of the Automatic Stay, and on the Motion of Clear Sky Properties, LLC ("Clear Sky") for Relief from the...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . On May 17, 2019, the United States Bankruptcy Court for the Eastern District of Virginia (the "Court") entered its Memorandum Opinion and Order [ECF Nos. 54, 55] (collectively, the "Opinion"), holding that Mar-Bow Value Partners, LLC ("Mar-Bow") lacked standing to pursue its Mar-Bow Value Partners, LLC's Amended Motion for Relief from Judgments and for Indicative Ruling and Reply to the United States Trustee's Response to (I)...
MEMORANDUM OPINION Kevin R. Huennekens , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court upon the Motion of the Liquidating Trustee to Determine Extent of Liability for Post-Confirmation Quarterly Fees Payable to the United States Trustee Pursuant to 28 U.S.C. 1930(a)(6) and Memorandum in Support [ECF No. 14197] (the "Motion to Determine") filed by Alfred H. Siegel (the "Liquidating Trustee"), Trustee of the Circuit City Stores, Inc. Liquidating Trust (the "...
MEMORANDUM OPINION AND ORDER GRANTING DEBTORS' MOTION TO REOPEN BRIAN F. KENNEY , Bankruptcy Judge . This matter comes before the Court on the Debtors' Motion to Reopen their bankruptcy case in order to avoid a judgment lien under Bankruptcy Code Section 522(f). Docket No. 42. The judgment lien creditor, Union Bank & Trust Co. ("Union Bank"), filed a Response in opposition. Docket No. 45. The Court heard the parties' arguments on May 21, 2019. For the reasons stated below, the Court will...
MEMORANDUM OPINION KEITH L. PHILLIPS , Bankruptcy Judge . Portfolio Recovery Associates, LLC ("PRA"), the defendant in this adversary proceeding and an unsecured creditor in the Debtor's chapter 13 bankruptcy case, has filed a motion (the "Motion") for leave to amend Claim No. 13-1 (the "Claim"). PRA filed the Claim on November 8, 2017, and the Debtor filed an objection to the Claim on April 10, 2018. On October 1, 2018, the Debtor filed the complaint (the "Complaint") initiating this...
MEMORANDUM OPINION KEITH L. PHILLIPS , Baqnkruptcy Judge . Before the Court is the "Motion for Entry of an Order Approving the Assumption of Certain Real Estate Assets and Granting Related Relief" (the "Motion") filed by the Propco I Debtors (the "Propco I Debtors" or the "Debtors"). The Debtors seek confirmation that the lease that is the subject of the Motion was assumed pursuant to the Court's earlier order authorizing its sale or, alternatively, that the landlord consented to an...
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the United States Bankruptcy Court for the Eastern District of Virginia (the "Court") is the Motion for Allowance of Debtor's [sic] Exemption Request and Chapter 7 Trustee Abandonment of Proceeds [ECF No. 56] (the "Motion to Compel") filed by James Lee Love and Marciel Love ("Mrs. Love" and together with James Lee Love, the "Debtors"). For the reasons set forth below, the Court holds that the personal injury claim of Mrs....
MEMORANDUM OPINION KEVIN R. HUENNEKENS , Bankruptcy Judge . Before the United States Bankruptcy Court for the Eastern District of Virginia (the "Court") is the issue of whether Mar-Bow Value Partners, LLC ("Mar-Bow") possesses standing to be heard on Mar-Bow Value Partners, LLC's Amended Motion for Relief from Judgments and for Indicative Ruling and Reply to the United States Trustee's Response to (I) Motion to Reopen Case and (II) Motion for Relief from Judgments and for Indicative...
MEMORANDUM OPINION FRANK J. SANTORO , United States Bankruptcy Judge . On November 16, 2018, this matter came before the Court for trial on the Complaint to Determine Nondischargeability of Debt (the "Complaint") filed on February 13, 2017, by Brenda L. Chavis ("Chavis"), in her capacity as co-beneficiary of the probate estate of Bobbie F. Wynder (the "Estate"). The Complaint seeks a determination that an indebtedness owed by Leroy Mangrum, Jr. ("Mangrum") to the Estate is nondischargeable...
MEMORANDUM OPINION Kevin R. Huennekens , United States Bankruptcy Judge . Before the United States Bankruptcy Court for the Eastern District of Virginia (the "Court") is the Motion to Convert Chapter 7 to Chapter 13 Under Section 706(a) [ECF No. 23] (the "Motion to Convert") filed by Jennifer Fletcher ("Mrs. Fletcher") and Matthew Fletcher ("Mr. Fletcher" and together with Mrs. Fletcher, the "Debtors") in this Chapter 7 bankruptcy case (the "Current Case"). For the reasons set forth...
MEMORANDUM OPINION KEITH L. PHILLIPS , Bankruptcy Judge . Debtor David Anthony Darby (the "Debtor") filed a class action complaint 1 (the "Complaint") on behalf of himself and a putative class of other debtors 2 against Defendant Portfolio Recovery Associates, LLC ("PRA"). PRA has moved, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, 3 that the Complaint be dismissed with prejudice (the "Motion to Dismiss" or "Motion"). The Complaint consists of three...
MEMORANDUM OPINION KLINETTE H. KINDRED , Bankruptcy Judge . This matter came before the Court on December 13, 2018 for an evidentiary hearing on the objection of Iftakhar Khan to the second amended chapter 13 plan filed by Tabinda Sarfraz ("Debtor"). (Docket No. 70). At the conclusion of the hearing, the Court took the matter under advisement. Having considered the pleadings and heard the evidence and arguments of counsel, the Court makes the following findings of facts and conclusions of...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . Before the Court is the objection of Upper Glen Street Associates, L.L.C., to the proposed assignment of a lease between it and Toys "R" Us NY Limited Partnership, predecessor-in-interest to Toys "R" Us Property Company I, LLC, to Aldi, Inc. For the reasons set forth herein, the Court will overrule the objection. FINDINGS OF FACT The Toys Lease. On July 18, 1996, Albany Public Markets entered into a lease...
