MEMORANDUM OPINION AND ORDER ON WALTER BLACK WARRIOR BASIN, LLC'S MOTION FOR ORDER NUNC PRO TUNC (A) AUTHORIZING WALTER BLACK WARRIOR BASIN, LLC TO REJECT CERTAIN AGREEMENTS WITH DOMINION RESOURCES BLACK WARRIOR TRUST, AND (B) GRANTING RELATED RELIEF TAMARA O. MITCHELL , Bankruptcy Judge . A hearing was held on November 10, 2015 on the Motion for Order Nunc Pro Tunc (A) Authorizing Walter Black Warrior Basin, LLC to Reject Certain Agreements with Dominion Resources Black Warrior...
MEMORANDUM OPINION AND ORDER (A) GRANTING THE DEBTORS' MOTION APPROVING THE KEY EMPLOYEE RETENTION PLAN AND (B) GRANTING RELATED RELIEF TAMARA O. MITCHELL , Bankruptcy Judge . These cases came before the Court for a hearing on December 15 and 16, 2015 for consideration of the motion (the "Motion") 2 of the debtors and debtors in possession in the above-captioned cases (collectively, the "Debtors"), pursuant to 105, 363(b), and 503(c)(3) of title 11 of the United States Code, 11 U.S.C....
MEMORANDUM OPINION AND ORDER GRANTING DEBTORS' MOTION FOR AN ORDER (I) AUTHORIZING THE DEBTORS TO (A) REJECT COLLECTIVE BARGAINING AGREEMENTS, (B) IMPLEMENT FINAL LABOR PROPOSALS, AND (C) TERMINATE RETIREE BENEFITS; AND (II) GRANTING RELATED RELIEF TAMARA O. MITCHELL , United States Bankruptcy Judge . This case came before the Court for hearing on December 15 and 16, 2015 on Debtors' Motion for an Order (I) Authorizing the Debtors to (A) Reject Collective Bargaining Agreements, (B)...
MEMORANDUM OPINION ON DEFENDANT'S MOTION TO EXCLUDE EXPERT TESTIMONY CLIFTON R. JESSUP, Jr. , Bankruptcy Judge . This Pre-trial matter is before the Court on Defendant Greg Masterson's Motion to Exclude Expert Testimony; Response in Opposition to Masterson's Motion to Exclude Expert Testimony; and Defendant's Brief Addressing Whether an Expert Witness Must be a Licensed Appraiser to be Qualified to Testify and Offer an Opinion as to the Value of Real Property. The above styled Adversary...
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , United States Bankruptcy Judge. This adversary proceeding came before the Court on September 16, 2015, for a hearing on the Motion for Summary Judgment for All Cases 1 filed by LVNV Funding, LLC and Resurgent Capital Services, LP; the Reply to the Motion for Summary Judgment for All Cases filed by the Plaintiff/Debtor, Yvonne Moses; the Cross Motion for Summary Judgment for All Cases filed by Yvonne Moses; and the Response to Plaintiff's...
OPINION AND ORDER DISMISSING ADVERSARY PROCEEDING JAMES J. ROBINSON , Chief Bankruptcy Judge . This adversary proceeding is before the court on the Motion to Dismiss (AP Doc. 3) filed by defendant, Midland Credit Management, Inc. ("Midland"). The plaintiff-debtor alleged in her complaint (AP Doc. 1) that this proceeding is core under 28 U.S.C. 157(b) because it arose in a case under title 11 of the United States Code, and, therefore, this court has subject matter jurisdiction pursuant to...
OPINION AND ORDER GRANTING MOTION TO DISMISS JAMES J. ROBINSON , Chief U.S. Bankruptcy Judge The plaintiff-debtor's complaint in this adversary proceeding 1 seeks damages for a violation of the Fair Debt Collection Practices Act that allegedly arose when defendant, Midland Credit Management, Inc. ("Midland") filed a time-barred claim in the debtor's underlying chapter 13 bankruptcy case. 2 Apparently, Heather Lynch ("Lynch") was added as a defendant because she signed the proof of claim...
