MEMORANDUM OPINION JAMES J. ROBINSON , Bankruptcy Judge . I — Introduction and Jurisdiction This is a proceeding under Rule 7001(6) of the Federal Rules of Bankruptcy Procedure to determine the dischargeability of a debt Thompson Tractor Co., Inc. ("Thompson") alleged is owing by Jeremy C. Schleicher (the "Debtor") pursuant to his continuing guaranty of payment. The Debtor filed a petition for relief on October 10, 2016 under chapter 7 of the Bankruptcy Code, and later was granted a...
Contested Matter MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL , Bankruptcy Judge . This contested matter came before the Court on September 5, 2018, on the objection (the "Objection") of William S. Kaye, Liquidating Trustee (the "Trustee") to proof of claim no. 798 filed by Quality Properties, LLC ("Quality") against Bruno's Supermarkets, LLC n/k/a/ BFW Liquidation, LLC (the "Debtor" or "Bruno's"). Appearing before the Court were John D. Elrod, attorney for the Trustee, Harry P. Long,...
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DISCHARGEABILITY CLIFTON R. JESSUP, JR. , Bankruptcy Judge . This Adversary Proceeding came before the Court for trial on September 11, 2018 upon the Complaint to Determine Dischargeability of Certain Claims, Debts and/or Other Obligations filed by the Plaintiff, Jerry Holt, against the Stephen Vickrey, pursuant to 11 U.S.C. 523(a)(2)(A), (4), and (6). As a preliminary matter, the Court questioned whether the Plaintiff also seeks a...
BANKRUPTCY JUDGE'S REPORT AND RECOMMENDATION 1 AND ORDER CERTIFYING CERTAIN COUNTS FOR TRIAL 2 TAMARA O. MITCHELL , Bankruptcy Judge . This adversary proceeding came before the Court on June 13, 2018, for a hearing 3 on the Motion for Summary Judgment filed by Defendant Charles O. Wall, II ("Wall"); the Response filed by Plaintiff Frank A. Moultrie ("Moultrie"), and the Reply filed by Wall. Appearing before the Court were Cason M. Kirby, counsel for Moultrie; William Allen Sheehan,...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGEMENT FILED BY DEFENDANTS FORD MOTOR COMPANY AND TIMOTHY L. WITT TAMARA O. MITCHELL , Bankruptcy Judge . This adversary proceeding came before the Court on June 13, 2018, for a hearing 1 on the Motion for Summary Judgment filed by Defendants Ford Motor Company and Timothy L. Witt, the Response filed by Plaintiff Frank A. Moultrie, and the Reply filed by Ford and Witt. Appearing before the Court were Cason M. Kirby, counsel for...
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DISCHARGEABILITY CLIFTON R. JESSUP, JR. , Bankruptcy Judge . This Adversary Proceeding came before the Court on May 15, 2018 for trial on the Complaint to Determine Dischargeability filed by PNC Bank, N.A. against the Defendant, Dr. James Carlton Nix, III (hereinafter the "Defendant" or "Dr. Nix") seeking a determination that the debt owed by the Defendant is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(6) as a debt for money...
MEMORANDUM OPINION AND ORDER JENNIFER H. HENDERSON , Bankruptcy Judge . This matter is before the court on the defendants' motion to stay all proceedings related to the AP 1 (AP Doc. 106) (the "Motion for Stay"). The Motion for Stay is brought pursuant to Rule 8007(a) of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and requests a stay of all proceedings in the AP pending resolution of the defendants' appeal of this court's order (AP Doc. 97) (the "Venue Order")...
MEMORANDUM OPINION D. SIMS CRAWFORD , Bankruptcy Judge . The Plaintiff, Mary Angela Johnson ("Johnson"), brought an adversary proceeding before this Court by filing a complaint against the Defendant, the United States Department of Education (the "DOE"), wherein she sought to discharge approximately $79,874 in student loan debt incurred for her education in the veterinary and dentistry fields. Although this adversary proceeding has been pending for more than one year, discovery, venue, and...
MEMORANDUM OPINION JENNIFER H. HENDERSON , UNITED STATES BANKRUPTCY JUDGE . The defendants move to dismiss this adversary proceeding (the "AP") or, alternatively, to transfer venue of the AP (AP Doc. 13) (the "Motion"), 1 relying on a "jurisdiction" clause contained in the certificate of insurance that forms the basis of the alleged causes of action. ( See AP Doc. 1.) The plaintiff (and debtor in a related chapter 11 bankruptcy case) opposes the Motion (AP Doc. 29) (the "Response") 2...
AMENDED MEMORANDUM OPINION AND ORDER DENYING THOMAS J. LYNCH'S MOTION FOR AN ALLOWANCE OF AN ADMINISTRATIVE PRIORITY CLAIM 2 TAMARA O. MITCHELL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on October 3, 2017 on the Motion/Application/Request of Thomas J. Lynch for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(1)(A), 503(c)(1) and (2), and 507(a)(2) (the "Application") filed by Thomas J. Lynch ("Lynch") on April 26, 2017,...
MEMORANDUM OPINION CM/ECF Doc. 16 JAMES J. ROBINSON , Bankruptcy Judge . I — Introduction Cynthia Boone Goodson ("Boone") initiated a lawsuit (the "Lawsuit") against her ex-husband, Roy A. Goodson (the "Debtor") by filing a Petition for Rule Nisi (the "Nisi Petition") in the Jefferson County, Alabama Circuit Court (the "Circuit Court") to collect a monetary property settlement awarded to her in their divorce. 1 The Nisi Petition demanded payment of the property settlement obligation (...
MEMORANDUM OPINION ON OBJECTIONS TO CLAIM #1 AND #3 OF THE STATE OF ALABAMA, DEPARTMENT OF REVENUE CLIFTON R. JESSUP, JR. , Bankruptcy Judge . This case came before the Court on December 14, 2017 for Evidentiary Hearing on Debtor's Objections to Claim #1 and Claim #3 filed by the State of Alabama, Department of Revenue (hereinafter the "Department" or "ADOR"). Following the hearing, the Court entered an Order Requiring Briefs to be filed by January 16, 2018 to address the following issues:...
MEMORANDUM OPINION AND ORDER DENYING THOMAS J. LYNCH'S MOTION FOR AN ALLOWANCE OF AN ADMINISTRATIVE PRIORITY CLAIM TAMARA O. MITCHELL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on October 3, 2017 on the Motion/Application/Request of Thomas J. Lynch for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(1)(A), 503(c)(1) and (2), and 507(a)(2) (the "Application") filed by Thomas J. Lynch ("Lynch") on April 26, 2017, seeking...
