In re Guyton

518 B.R. 681, 2014 Bankr. LEXIS 4129, 2014 WL 4794832
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedSeptember 25, 2014
DocketNo. 14-30030-EJC
StatusPublished
Cited by1 cases

This text of 518 B.R. 681 (In re Guyton) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Guyton, 518 B.R. 681, 2014 Bankr. LEXIS 4129, 2014 WL 4794832 (Ga. 2014).

Opinion

OPINION AND ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY OF BANKRUPTCY AND WAIVER OF SO DAY REQUIREMENT

EDWARD J. COLEMAN, III, Bankruptcy Judge.

Jenerra D. Guyton (“Debtor”) filed her Chapter 13 petition on January 28, 2014. (Dckt. 1.) Before the Court is the Motion for Relief from the Automatic Stay of Bankruptcy and Waiver of 30 Day Requirement (“Motion” or “Motion for Relief’) filed by Covered Bridge, LLC (“Covered Bridge”). (Dckt. 18.) Covered Bridge seeks relief pursuant to 11 U.S.C. § 362(d)(2), alleging that Debtor does not have any equity in property located at 353 Ernest Stinson Road, East Dublin, Georgia (the “Property”), and that the Property is not necessary for an effective reorganization. Id. It is also Covered Bridge’s position that Debtor’s tenancy on the Property terminated prepetition; therefore, Covered Bridge requests the Court to terminate the automatic stay with respect to its interest so that it may pursue a dispossessory action in state court to have Debtor removed from the Property. Id. Because Covered Bridge has not shown why it is entitled to the relief it seeks, the Motion is denied.

I. JURISDICTION

This Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. § 157(a), and the Standing Order of Reference signed by Chief Judge Anthony A. Alaimo on July 13, 1984. This is a “core proceeding” under 28 U.S.C. § 157(b)(2)(G). In accordance with Bankruptcy Rule 7052, the Court makes the following Findings of Fact and Conclusions of Law.

II. FINDINGS OF FACT

A. Procedural History

On January 28, 2014, Debtor filed her Chapter 13 petition and her proposed Plan to repay creditors. (Dckts. 1, 6.) Based on her gross monthly income of $2,277.77, plus a tax refund of $590.08, Debtor pro[684]*684poses to pay all of her disposable income of $373.00 per month to the Trustee over a period of thirty-six (36) months. (Dckts. 6, 14.) Covered Bridge filed this Motion on February 17, 2014. (Dckt. 18.) The Court held an evidentiary hearing on the Motion for Relief on June 10, 2014, where I requested that the parties submit proposed findings of fact and conclusions of law. The Trustee filed an Objection to Confirmation of Debtor’s Plan on March 10, 2014.1 (Dckt. 22.) Since then, the Confirmation Hearing has been continued on three occasions: April 8, 2014, June 10, 2014, and August 12, 2014. (Dckts. 30, 35, 39.)

B. The Land Sale Transaction

On October 31, 2006, Debtor entered into a contract to buy a 1.44 acre home site in Laurens County, Georgia onto which she later moved and set up a mobile home for her residence. (Ex. B; dckt. 18.) The purchase price for the tract of land was $ 13,995.00. Id. The purchase was financed under a contract that provided for a down payment of $200.00 and monthly payments of $165.56 extending for one hundred eighty (180) months. Id.

At the hearing on stay relief, the parties stipulated to the admissibility of four documents: the aforementioned Agreement for Sale and Purchase of Real Estate (the “Agreement”) dated October 31, 2006 (Ex. B; dckt. 18), the Installment Note [Secured by Deed to Real Estate] dated November 14, 2006 (Ex. A; dckt. 18), the Special Warranty Deed dated November 14, 2006 (Movant’s Ex. M-l), and the Security Deed dated November 14, 2006 (Movant’s Ex. M-2).2 Collectively, these documents comprise the agreement of the parties to this transaction for the sale of the Property. While the documents suffer from certain deficiencies discussed infra, they do reflect the parties’ intentions clearly enough so that the Court can at least discern what was supposed to happen under their agreement.

The Agreement executed on October 31, 2006, identified the seller as “Covered Bridge.” (Ex. B; dckt. 18.) The land being sold was identified as “Lot No. 9 containing 1.44 acres,” with no description of the county or even the state of the tract’s location. Id.

Debtor also executed the Installment Note dated November 14, 2006, by which she promised to pay to Covered Bridge, LLC the principal sum of $13,795.00 at twelve percent (12%) interest, with the first payment of $165.56 coming due on January 1, 2007. (Ex. A; dckt. 18.) The note provided for a late charge of ten percent (10%) to be added in the event a payment was made more than fifteen (15) days after the due date and for a ten (10) day notice of default and right to cure period to become effective three (3) days after mailing the notice. Id.

[685]*685As part of this transaction, Covered Bridge executed a Special Warranty Deed dated November 14, 2006, which purports to convey to Debtor in fee simple property more fully described as:

All that tract or parcel of land being known and distinguished as Lot 9, containing 1.44 acres, as shown on a plat of survey prepared by Byron L. Farmer, Georgia RLS No. 1679, surveyed August and September 1999, recorded in Plat Book 8, Page 22, Clerk’s Office, Laurens County Superior Court. Said plat is specifically incorporated herein by reference for a more complete and accurate description of the property conveyed.

(Movant’s Ex. M-l.) Finally, Debtor executed a Security Deed also dated November 14, 2006, containing the same property description. (Movant’s Ex. M-2.) The language of that Security Deed purports to “mortgage, grant and convey to Lender” the subject Property, in fee simple. Id.

According to Covered Bridge’s interpretation of these documents, Debtor had the opportunity to acquire actual title to the Property by making six (6) timely payments 3, at which time the Special Warranty Deed and the Security Deed would be recorded. The Special Warranty Deed was never delivered to Debtor. Neither the Special Warranty Deed nor the Security Deed were ever recorded in the real estate records of Laurens County, Georgia. Covered Bridge continues to hold the original versions of these documents.

C. Debtor’s Payment History

From November 2006 to January 2014, Debtor made approximately seventy-four (74) payments totaling $13,429.04 including late charges; however, only five (5) of those payments were timely. (Movant’s Ex. M-3.) For each of the remaining sixty-nine (69) payments, Debtor incurred and paid a $16.56 late fee. Id.

Debtor stipulated to the principal balance owed of $11,003.72 and to the authenticity and accuracy of the Itemization of Unpaid Installments (attachment to Ex. C; dckt. 18), which illustrates that no payments have been received on Debtor’s account for the August 2013 payment forward.

D. Notice of Default

At the June 10, 2014, hearing, Covered Bridge called Amy Legrand, an accounts manager at Cover Bridge, as its only witness. Legrand testified to sending Debtor a notice of default letter on January 14, 2014. The letter states in relevant part:

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Bluebook (online)
518 B.R. 681, 2014 Bankr. LEXIS 4129, 2014 WL 4794832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guyton-gasb-2014.