MEMORANDUM OPINION C. MICHAEL STILSON, Bankruptcy Judge. This adversary proceeding came before the court on August 14, 2013, for trial on the Complaint filed by Vision Bank and SE Property Holding LLC ("Plaintiffs"). Thomas W. Powe, Jr., appeared on behalf of Douglas Jeffery Harless, Sr. ("Debtor"); Richard M. Gaal appeared on behalf of Plaintiffs. After reviewing the evidence and the arguments of the parties, this court SUSTAINS Plaintiffs' objection to dischargeability pursuant to 11 U....
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. This case is before the Court on a complaint to determine dischargeability pursuant to 11 U.S.C. 523(a)(2)(A) and objection discharge pursuant to 11 U.S.C. 727(a)(3) and (a)(4)(A). At the conclusion of the trial in this matter held on September 16, 2013, the Court invited counsel to submit post-trial briefs regarding issues of relevant state agency law, destruction of documents, and spoilation of evidence. The issues having been fully...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. This case came before the Court on debtor's motion to dismiss complaint as untimely filed. The hearing in this matter was held on the 6th day of May 2013. After careful consideration of the facts and legal analysis, the Court finds that the complaint is due to be dismissed as having been untimely filed and, further, finds that the complaint deadline cannot be extended nunc pro tunc based on excusable neglect. On October 12, 2012, the...
Memorandum Opinion on Professional Fees and Expenses, the Indenture's Operating Expenses, and 11 U.S.C. 928(b)'s "Necessary Operating Expenses" THOMAS B. BENNETT, Chief Judge. I. Words, Phrases, And Meanings Be They Plain or Not Some of what the law is about is words and their usage. From the view of one version of objectivity, language is objective in the sense that it allows people to agree across areas of disagreement. 1 For instance, resort to calling a word's or phrase's meaning...
MEMORANDUM OPINION ON THE AUTOMATIC STAY AND THE ASSURED ACTION THOMAS B. BENNETT, Bankruptcy Judge. I. Introduction Creative lawyering has its merits. Sometimes, it allows one to solve what previously had been an intractable legal issue. Other times, it is a bane masking problems inherent in what creativity's means is attempting to accomplish. This is a case of the second sort demonstrating the downside of creativity. What is involved is an attempt to avoid the shield afforded debtors by...
MEMORANDUM OPINION BENJAMIN COHEN, Bankruptcy Judge. The matter before the Court is the Motion to Compel Arbitration and Stay Adversary Proceeding (A.P. Doc. No. 27) filed on April 3, 2012 by the defendant, Roy Thomas Latimer, Jr. After notice, a hearing was held on May 23, 2012. Appearing were: Brenton K. Morris and Frederick Mott Garfield, attorneys for the defendant; and Bradley Richard Hightower, the attorney for the plaintiff, Second Avenue Holdings, LLC. The matter was submitted on...
MEMORANDUM OPINION BENJAMIN COHEN, Bankruptcy Judge. The matters before the Court are: 1) The Motion for Summary Judgment filed on October 10, 2011, by the Plaintiff. Docket No. 18; 2) The Defendant's Response to Plaintiff's Motion for Summary Judgment filed on December 15, 2011. Docket No. 21; 3. The Defendant's Supplemental Response to Plaintiff's Motion for Summary Judgment filed on March 19, 2012. Docket No. 30; 4. A Supplemental Brief in Support of Plaintiff's Motion for...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. On November 14, 2012, this matter came before the Court for trial on the complaint of Farmers Exchange Bank ("FEB"). Previously this Court entered partial summary judgment against FEB on its claim against the debtor under 523(a)(4), but reserved the issue of 523(a)(6) for trial. In conformity with the findings of fact and conclusions of law dictated into the record in open court and as set forth below, the Court finds that the debtor is...
