MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BRIAN D. LYNCH , Bankruptcy Judge . Plaintiff-debtor Mark Emery filed a motion (ECF No. 12) seeking entry of summary judgment in his favor in this adversary that he filed to strip the owelty lien of defendant Laura Edrington. Ms. Edrington opposed the motion (ECF No. 14), and the Debtor filed a reply (ECF No. 15). The Court held a hearing and heard argument from counsel on October 19, 2016 and took the matter under advisement....
Not for publication MEMORANDUM DECISION PAUL B. SNYDER , Bankruptcy Judge . This matter came for trial before the Court on October 25, 2016, on the complaint filed by Christopher R. McLeod, C.R. McLeod Associates, LLC, and Sylvester Weaver, Jr. (collectively Plaintiffs) against Diane Scarborough (Debtor), and for hearing on the Motion for Relief from Automatic Stay Under 4001(a) filed in the bankruptcy case by the Plaintiffs. The Plaintiffs alleged numerous causes of action in their...
MEMORANDUM DECISION PAUL B. SNYDER , Bankruptcy Judge . This matter came before the Court on September 29, 2016. Based on the Court's prior rulings and the parties' partial settlements, the only remaining issue is the damage amount the chapter 7 trustee (Trustee) for the bankruptcy estate of Pettit Oil Company (Debtor) may recover from IPC (USA), Inc. (IPC) for the inventory, cash, and accounts receivable that existed on November 25, 2013 (Petition Date) pursuant to 11 U.S.C. 544. 1 The...
Not for Publication MEMORANDUM DECISION PAUL B. SNYDER , Bankruptcy Judge . This matter came for trial before the Court on September 6 and 7, 2016, on the complaint filed by R.K. Hoover Commercial Contracting, Inc., d/b/a Hoover Construction (Hoover) against Darwin Edward and Judith Ann Clement (Debtors), alleging nondischargeability of debt pursuant to 11 U.S.C. 523(a)(2)(A), (a)(2)(B), (a)(4), and (a)(6) 1 , and denial of discharge pursuant to 727(a)(4). On the Debtors' Motion in...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Brian D. Lynch , U.S. Bankruptcy Court Judge . This trial was held on July 26, 2016 through July 29, 2016. Plaintiff Mark D. Waldron, as Ch. 7 Trustee of Venture Financial Group, Inc., (the "Trustee") appeared through his counsel, Dillon E. Jackson and Christopher Emch of Foster Pepper PLLC. Defendant, Federal Deposit Insurance Corporation, in its capacity as Receiver of Venture Bank, appeared through its counsel, Teresa H. Pearson of Miller Nash...
MEMORANDUM OPINION REGARDING DEBTOR'S MOTION FOR SUMMARY JUDGMENT FOR DETERMINATION OF FEES MARC BARRECA , Bankruptcy Judge . This matter came before me on May 19, 2016 on Debtors' Motion for Summary Judgment for Determination of Fees (the " Motion for Summary Judgment "). The Motion for Summary Judgment was opposed by Ocwen Loan Servicing LLC as servicer for HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-1 (" Ocwen ")....
MEMORANDUM OPINION AND ORDER GRANTING IN PART FOUNDATION BANK's MOTION FOR ORDER REQUIRING THE DEBTOR AND ITS MEMBERS TO COMPLY WITH THE CONFIRMED PLAN Marc Barreca , U.S. Bankruptcy Court Judge . Foundation Bank (the "Bank" ) has brought a Motion for Order Requiring the Debtor and its Members to Comply with the Confirmed Plan (the "Motion," Dkt. No. 178). The Motion was opposed by the debtor, Learned Family LLC (the "Debtor" ). Following oral argument on July 21, 2016, I took the...
MEMORANDUM AND ORDER ON MOTION TO CONFIRM AMENDED PLAN Brian D. Lynch , U.S. Bankruptcy Judge Debtors Patricia Shay and Keith Paulus have moved the Court (ECF Nos. 21, 22) to approve for confirmation an Amended Chapter 13 Plan (ECF No. 20) that seeks to exercise 11 U.S.C. 1322(b)(9) and have all property acquired post-petition vest with the Debtors rather than with the Chapter 13 Trustee as property of the estate, as this district's Chapter 13 Form Plan provides. Chapter 13 Trustee...
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT RELATED TO THE TRUSTEE'S 11 U.S.C. 549 CLAIMS PAUL B. SNYDER , Bankruptcy Judge . This matter came before the Court on March 30, 2016, on multiple motions for summary judgment. This Memorandum Decision addresses the Chapter 7 Trustee's (Trustee) Motion for Partial Summary Judgment for Trustee's First Cause of Action for Declaratory Relief and for Trustee's Second Cause of Action as it Relates to the Trustee's 11 U.S.C. 544 Claim. 1...
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT RELATED TO THE TRUSTEE'S 11 U.S.C. 549 CLAIMS PAUL B. SNYDER , Bankruptcy Judge . This matter came before the Court on March 30, 2016, on multiple motions for summary judgment. This Memorandum Decision addresses IPC (USA), Inc.'s (IPC) Motion and Notice Thereof for Partial Summary Judgment Dismissing Section 549 Claims Under Trustee's Second Cause of Action for Recovery of Post-Petition Transfers (IPC's Motion, ECF No. 49), and the...
MEMORANDUM DECISION ON KEYBANK NATIONAL ASSOCIATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT PAUL B. SNYDER , Bankruptcy Judge . This matter came before the Court on March 30, 2016, on the motion of KeyBank National Association (KeyBank) for partial summary judgment (Motion) against IPC (USA), Inc. (IPC). IPC opposed the motion, and the Court took the matter under advisement. The Court incorporates in its Memorandum Decision the facts set forth in its prior decisions rendered in Pettit Oil...
NOT FOR PUBLICATION MEMORANDUM DECISION ON DEBTORS' DISPOSITIVE MOTION TO SET OFF CLAIM NO. 12 PAUL B. SNYDER , Bankruptcy Judge . This matter is before the Court on the dispositive motion of Jan and Barbara Schmalenberg (Debtors). On July 22, 2015, the Debtors filed Debtors' Corrected Motion to Set-Off, Recoup, or Equitably Disallow Claim No. 12 (Corrected Motion). On September 17, 2015, the Court entered a Memorandum Decision (Memorandum Decision), adjudicating the Debtors' objection...
