MEMORANDUM OPINION PAUL M. BLACK , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on a Motion for Contempt for Violation of Automatic Stay (Docket No. 11) (the "Contempt Motion") filed on October 22, 2019 by the female debtor, Lisalyn Merritt Wright ("Wright") against the Respondent, Eddy Abdelmessih ("Abdelmessih"). An evidentiary hearing was conducted on November 7, 2019. At the evidentiary hearing, Jack David Merritt (Wright's father), Wright, and Abdelmessih each...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . The Debtors, Wesley Roger Comer, Jr. and Christina Elizabeth Laws (the "Debtors"), filed a joint voluntary petition under Chapter 13 of the United States Bankruptcy Code on April 29, 2019. The Debtors' Chapter 13 Plan was confirmed by order entered July 2, 2019. (Docket No. 32). On August 29, 2019, the Debtors filed an adversary proceeding against Carilion Clinic ("Carilion") for violation of the automatic stay of 11 U.S.C. 362(a). 1...
MEMORANDUM OPINION REBECCA B. CONNELLY , Bankruptcy Judge . The Court must decide whether it is appropriate to award actual and punitive damages, as well as attorneys' fees, for violations of the automatic stay. The Court concludes that it is. Findings of Fact Jenny Lynn Edwards filed a voluntary chapter 13 bankruptcy petition on October 31, 2018. 1 Ms. Edwards, by counsel, filed a complaint initiating this adversary proceeding on April 16, 2019. ECF Doc. No. 1. In her complaint, Ms....
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Martha Price (the "Debtor") filed a voluntary Chapter 13 petition in this Court on September 24, 2018. On April 3, 2019, Donna Broyles (the "Claimant") filed a proof of claim in the amount of $5,800 in the Court's claim register, to which the Chapter 13 Trustee (the "Trustee") objected. This matter is now before the Court on the Trustee's Objection to Claim (ECF No. 50), the Claimant's Motion for Extension of Time to File a Claim (the "...
MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . James Eugene Young ("Young") filed a voluntary Chapter 7 petition in this Court on November 14, 2018. Young listed the Plaintiff herein, Larry E. Tolbert ("Tolbert"), as an unsecured creditor on Schedule E/F with a claim in the amount of $9,726.22 based on a civil judgment arising from a "real estate default." On November 29, 2018, Tolbert commenced this Adversary Proceeding, pro se, by filing a Complaint objecting to...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Larry Clevinger (the "Debtor") filed a voluntary Chapter 7 petition in this Court on September 24, 2018, at which time he claimed as exempt on his Schedule C $736.24 in garnished funds as an avoidable preference pursuant to Virginia Code 34-4. The Debtor now seeks to avoid and recover what he claims is a preferential transfer to his judgment creditor Buchanan General Hospital ("BGH") under 11 U.S.C. 542 and 547. In response, BGH...
MEMORANDUM OPINION Paul M. Black , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the Court on the Chapter 7 Trustee's Objection to the Debtor's claim of exemption (the "Trustee's Objection") (ECF No. 19), the Debtor's Motion to Compel Trustee to Abandon His Interest in Debtor's Residence (the "Debtor's Motion") (ECF No. 30), and responses related to both filings. The Debtor in this case filed a voluntary Chapter 7 petition on January 3, 2019 and filed his required schedules on...
MEMORANDUM OPINION Paul M. Black , United States Bankruptcy Judge . On September 28, 2018, Rose Moses Woodford (the "Debtor") filed a voluntary Chapter 13 bankruptcy petition in this Court. After the Court denied confirmation of her first Chapter 13 Plan, the Debtor initiated this adversary proceeding on January 21, 2019. In her complaint, the Debtor claims that Capital Bank, NA (the "Bank") required Sherwood D. Woodford, the Debtor's then husband, to execute a Deed of Trust ("DOT") on...
MEMORANDUM OPINION REBECCA B. CONNELLY , Bankruptcy Judge . The question before the Court is whether the chapter 13 trustee in this case, Herbert L. Beskin, (the "Trustee") must disburse to creditors funds refunded to him by other creditors. The Trustee argues he must disburse the creditor refunds to other creditors pursuant to the confirmed plan. On the other hand, the debtor argues he should pay the creditor refunds to her. For the reasons explained below, the Court directs the creditor...
MEMORANDUM OPINION Motion No. 12. REBECCA B. CONNELLY , Bankruptcy Judge . Before the Court is a motion to annul the automatic stay filed by CLMG Corporation ("CLMG") and a response to the motion filed by the debtor, William Allen Dyer. ECF Doc. Nos. 12, 19. The Court held a hearing on February 14, 2019, at which counsel for both parties appeared and presented arguments to the Court. Following the conclusion of the hearing, the Court took the matter under advisement. For the following...
MEMORANDUM OPINION REBECCA B. CONNELLY , Bankruptcy Judge . W. Stephen Scott (the "Trustee") is the chapter 7 trustee for Runnymede Capital Management, Inc. ("Runnymede"). On August 10, 2018, the Trustee filed a complaint against SunTrust Bank, N.A. ("SunTrust"), to avoid and recover certain transfers. ECF Doc. No. 1. SunTrust moved to dismiss the complaint as failing to state a claim on which relief can be granted and for failing to plead fraud with specificity pursuant to Federal Rules...
MEMORANDUM OPINION Rebecca B. Connelly , UNITED STATES BANKRUPTCY JUDGE . The matter before the Court is Pat Hanson's motion for summary judgment on her complaint to except her debt from Steven Conway Cassidy's discharge. For the following reasons, the Court grants the motion for summary judgment. On February 2, 2018, Mr. Cassidy filed his chapter 7 petition in this Court. Two months later, Ms. Hanson initiated this adversary complaint seeking to have the debt owed to her declared non-...
MEMORANDUM OPINION This matter comes before the Court on confirmation of the Fourth Amended Chapter 12 Plan (the "Fourth Amended Plan") (ECF No. 172) filed by the Debtor, Dale E. Akers (the "Debtor"), and the objections thereto filed by Farm Credit of the Virginias, A.C.A. ("Farm Credit") (ECF Nos. 40, 55, 86, 158, 177), Skyline National Bank ("Skyline") (ECF Nos. 41, 54, 178), and the Chapter 12 Trustee (the "Trustee") (ECF No. 38). The Court held a hearing on these matters on October 17,...
MEMORANDUM OPINION Rebecca B. Connelly , UNITED STATES BANKRUPTCY JUDGE . The Court now faces round two of the dispositive motions to dismiss or dispose of this adversary proceeding. In round one, the defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), moved to dismiss the complaint under Rule 12(b)(6) for failure to state an actionable claim. The Court denied the motion to dismiss Count I but granted the motion to dismiss Count II with leave to amend the...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . The matter before the Court is the objection of the Chapter 7 Trustee, Scot S. Farthing (the "Trustee"), to an exemption claimed by the Debtors, David Malcolm Jackson and Alicia Gail Jackson (the "Debtors"). The Trustee's objection challenges the Debtors' attempt to reduce the amount of exemptions claimed on a prior recorded homestead deed and use the resulting excess exemption amount in an attempt to exempt funds held in a Wells Fargo...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter came before the Court upon the Objection to Order Staying Levy or Garnishment ("Objection") filed by Barbara L. Gaudet ("Gaudet"), a creditor of the Debtor, James D. Underwood (the "Debtor"), seeking turnover of $1,431.08 held in the Debtor's Branch Banking and Trust Company ("BB&T") accounts pursuant to Gaudet's garnishment that arose before the Debtor's petition was filed. Counsel for the Debtor and the Chapter 13 Trustee...
AMENDED MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the objections of the Debtors, Calvin Douglas and Deborah Oliver Napier (the "Debtors"), by counsel, to four proofs of claim filed by Portfolio Recovery Associates, LLC, through its limited attorney in fact PRA Receivables Management, LLC (unless otherwise identified, collectively "PRA"). The Court denied the claim objections in open Court on May 15, 2018. The reasons for the Court's prior...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . This matter comes before the Court on the objections of the Debtors, Calvin Douglas and Deborah Oliver Napier (the "Debtors"), by counsel, to four proofs of claim filed by Portfolio Recovery Associates, LLC, through its limited attorney in fact PRA Receivables Management, LLC (unless otherwise identified, collectively "PRA"). The Court denied the claim objections in open Court on May 15, 2018. The reasons for the Court's prior oral...
MEMORANDUM OPINION PAUL M. BLACK , Bankruptcy Judge . Gary Bronson Fraley ("Mr. Fraley") and Lesia Laverne Fraley ("Mrs. Fraley" and together with Mr. Fraley, the "Debtors") filed a joint voluntary petition for relief under Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") on January 18, 2017. Scot S. Farthing is the duly appointed and currently acting trustee for the Chapter 7 bankruptcy estate (the "Trustee"). The Trustee timely commenced this adversary proceeding...
MEMORANDUM OPINION ECF Doc. No. 16. REBECCA B. CONNELLY , Bankruptcy Judge . This case concerns what happens to a debtor's property when she files a chapter 7 bankruptcy case. Ayse Hoole filed chapter 7 bankruptcy. Stephen Scott is her chapter 7 trustee. Mr. Scott is represented by counsel, Hannah W. Hutman, who filed a motion 1 to determine the nature and extent of the estate's interest in property. The debtor, by counsel, responded to the motion asserting that the estate has a nominal...
