1:19-bk-01035•Trinity Homes LLC
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1 19 bk 1035 . 7 ___________________________________ 1 21 21 21 . 1 No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 1 of 4
2 . 2 . —on June 19, 2020— 7 $92,983.26 2 No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 2 of 4
3 upon Vi d o n. 21 . N.D. Ind. 2010) (quoting bk s proposal. 2. No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 3 of 4
4 , 11248 DK, 2010 WL 3260131, at *4 (Bankr. D. Md. Aug. 18, 2010 bounds of what is . h issue no June 30, 2020. No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 4 of 4
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Order Entered. > > : prepa puwetiss David L. Bissett United States Bankruptcy Judge No. 1:19-bk-01035 Doc 206 Filed Q IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA In re: ) ) TRINITY HOMES, LLC, ) Case No. 19-bk-1035 ) Debtor. ) Chapter 7 ) MEMORANDUM OPINION On June 30, 2020, the court entered an order granting the motion of Thomas H. Fluharty (the “Trustee”’) to compromise the claim filed against the estate by Pendleton Community Bank. In conjunction with its approval of the Trustee’s motion, the court overruled the lone objection to the motion, which 21‘ Mortgage Corporation filed on June 29, 2020.! The court delivered its ruling upon the motion orally during a telephonic hearing on June 30, 2020. On July 14, 2020, 21* Mortgage filed a notice of appeal of the court’s order. To create a more robust record for the District Court, the court issues this memorandum opinion restating its justification for overruling 21" Mortgage’s objection and granting the Trustee’s motion. I. BACKGROUND Prepetition, Trinity Homes, LLC (the “Debtor’’), operated a business selling mobile, manufactured, and modular homes. The Debtor’s principal place of business was located at 644 Andell Road, Bridgeport, West Virginia (the “Property”). Notably, however, title to that property was vested in a related, non-debtor entity, Endeavor Investments, LLC. 21* Mortgage financed the Debtor’s operation and held a security interest in the Property, among other collateral. On April 5, 2018, Pendleton Community Bank loaned $130,000 to the Debtor for the purchase of a modular home described as “Mainstreet, Model No. 350MS-Mainstreet-O0000R C/S/ ! To be clear, 21‘ Century first objected to the Trustee’s motion on June 26, 2020 but amended its objection on June 29, 2020, after Pendleton Community Bank filed a response in support of the anticipated compromise. AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 2 of 4 Ranch (M), Serial Number 50345 (the “Modular Home”). To secure the Debtor’s repayment of the $130,000, the Debtor executed and Pendleton Community Bank recorded a financing statement giving Pendleton a security interest in the Modular Home. Notably, however, Pendleton’s interest in the Modular Home is not also secured by a deed of trust. On December 9, 2019, the Debtor filed its voluntary petition for relief under Chapter 7 of the Bankruptcy Code. On March 11, 2020, the trustee filed a motion to sell the Property. Therein, he identified three liens to be paid from the sale proceeds.? According to his motion, the trustee proposed to sell the Property for $844,000, and the proposed sale would result in net proceeds of $149,300. Notably, the sales contract provided for a closing date forty-five days from the court’s approval of the sale. On April 8, 2020, the court entered its order approving the sale. According to the trustee, Pendleton Community Bank first asserted a lien on the Modular Home during April but after the court approved the sale of the Property. With the closing of the sale of the Property imminent, the trustee endeavored to resolve Pendleton’s claim so as to not lose the sale. On June 12, 2020, Pendleton formally made its claim against the Modular Home and the trustee almost immediately—on June 19, 2020—proposed the extant settlement to the court. Il. ANALYSIS Pendleton Community Bank initiated the underlying contested matter by filing its June 12, 2020 motion to permit its late-filed proof of claim because it allegedly did not receive timely notice of the Debtor’s bankruptcy case. Notably, Pendleton also did not receive notice of the Chapter 7 trustee’s motion to sell the Property, which is where the Modular Home currently sits. Pendleton contends that it possesses a lien upon the Modular Home securing the repayment of approximately $92,983.26, but it agrees to resolve its dispute against the estate by accepting $80,000 in full satisfaction of its secured claim. According to the trustee, the settlement is fair and reasonable for two principal reasons. First, it satisfies the purported secured claim of Pendleton Community Bank for almost $13,000 less than the amount purportedly owed without having to litigate over the amount owed and the issue of whether Pendleton possesses a properly secured claim. More importantly, it removes any potential impediment to the trustee’s sale of the Property. 2 Notably, 21‘ Mortgage holds two of the liens upon the Property. By order dated May 26, 2020, however, the court approved the trustee’s settlement with 21‘' Mortgage whereby 21*' Mortgage agreed to release its second-priority lien upon the Property. 2 3 upon Vi d o n. 21 . N.D. Ind. 2010) (quoting bk s proposal. 2. No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 3 of 4 4 , 11248 DK, 2010 WL 3260131, at *4 (Bankr. D. Md. Aug. 18, 2010 bounds of what is . h issue no June 30, 2020. No. 1:19-bk-01035 Doc 206 Filed 07/22/20 Entered 07/22/20 13:47:01 Page 4 of 4
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