ORDER ON DEBTORS COMPLAINT TO DETERMINE THE VALUE OF SECURITY AND CREDITORS ALLOWED SECURED CLAIMS MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the court pursuant to the Debtors' complaint to determine the value of their homestead and three mortgage liens encumbering the property in order to invalidate the third lien in favor of Regions Bank. The court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND STATUS HEARING WILLIAM S. SHULMAN, Bankruptcy Judge. This matter is before the Court on the parties' cross motions for summary judgment as to count II of the complaint under 11 U.S.C. 523(a)(4). The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. After due consideration of the pleadings, briefs, evidence testimony and argument of counsel, the Court makes the...
ORDER SUSTAINING OBJECTION TO CONFIRMATION MARGARET A. MAHONEY, Bankruptcy Judge. This matter is before the Court pursuant to Southern Lease Management Group, LLC's objection to confirmation of the Debtor's proposed Chapter 13 plan. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and the Court has authority to enter a final order. Southern Lease...
ORDER GRANTING IN PART AND DENYING IN PART ANALYTICAL CHEMICAL AND TESTING, INC.'S MOTION FOR SUMMARY JUDGMENT MARGARET A. MAHONEY, Chief Bankruptcy Judge. This case is before the court on Analytical Chemical and Testing, Inc.'s Motion for Summary Judgment. The court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons...
ORDER GRANTING BENDER SHIPBUILDING'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING OIL RECOVERY COMPANY'S MOTION FOR SUMMARY JUDGMENT MARGARET A. MAHONEY, Chief Judge. This case is before the court on Bender Shipbuilding and Repair Co., Inc.'s Motion for Summary Judgment and Oil Recovery Company Inc. of Alabama's cross motion for summary judgment. The court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The court...
ORDER DENYING MOTION TO DISMISS MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the court on the Defendants' Motion to Dismiss for lack of subject matter jurisdiction. The court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons detailed below, the Defendants' Motion to Dismiss is DENIED. FACTS On June 4,...
ORDER ON REMAND FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA MARGARET A. MAHONEY, Chief Judge. This case is before the Court pursuant to the United States District Court's Order of Remand. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons indicated below, this Court finds that...
ORDER GRANTING STEPHENS, MILLIRONS, HARRISON & GAMMONS' MOTION TO DISMISS MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on Stephens, Millirons, Harrison & Gammons' Motion to Dismiss. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons indicated below, Stephens, Millirons, Harrison &...
ORDER GRANTING IN PART AND DENYING IN PART THE DEBTOR'S MOTION TO ALTER OR AMEND MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the Debtor's Motion to Alter or Amend a prior Order declaring certain debts of the United States nondischargeable. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the...
ORDER DENYING THE TRUSTEE'S REQUESTED RELIEF ON MOTION TO DETERMINE THE ESTATE'S INTEREST IN CERTAIN PROPERY MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the Trustee's motion to determine the estate's interest in certain property. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons...
ORDER GRANTING CONFIRMATION OF DEBTORS' CURRENT PLAN OF REORGANIZATION WITH CONDITIONS AND RULING ON RELATED MATTERS MARGARET A. MAHONEY, Chief Bankruptcy Judge. Cello Energy filed a chapter 11 bankruptcy case on October 19, 2010. Boykin Trust and Jack Boykin filed chapter 11 bankruptcy cases on October 22, 2010. The cases were administratively consolidated on December 3, 2010 so that all hearings and actions in each case were noticed in the other cases and matters were handled, when...
ORDER DENYING CREDITOR'S MOTION TO ALTER OR AMEND MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the Court on Creditor Stuart C. Irby Company's motion to alter or amend an order previously entered by the Court in this case. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b)(2). For the reasons indicated below,...
ORDER DENYING SUMMARY JUDGMENT MARGARET A. MAHONEY, Chief Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment of Plaintiff Mid-Continent Casualty Company. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to 28 U.S.C. 157(b). For the reasons indicated below, Mid-Continent Casualty Company's Motion for Summary...
ORDER DECLARING DEBT TO NATIONAL PARK SERVICE NONDISCHARGEABLE AND DECLARING CERTAIN BOND PREMIUMS NONDISCHARGEABLE MARGARET A. MAHONEY, Bankruptcy Judge. This case is before the Court on the United Statescomplaint to determine the dischargeability of debts owed to the United States by the Debtor. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. The Court has the authority to enter a final order pursuant to...
ORDER DENYING CONFIRMATION OF DEBTORS' PLAN OF REORGANIZATION BUT ALLOWING LIMITED TIME FOR AMENDMENT MARGARET A. MAHONEY, Bankruptcy Judge. Cello Energy filed a chapter 11 bankruptcy case on October 19, 2010. Boykin Trust and Jack Boykin filed chapter 11 bankruptcy cases on October 22, 2010. The cases were administratively consolidated on December 3, 2010 so that all hearings and actions in each case were noticed in the other cases and matters were handled, when appropriate, in a joint way....
ORDER ON DEBTOR'S MOTION TO SET APART AS EXEMPT LIFE INSURANCE PROCEEDS WILLIAM S. SHULMAN, Bankruptcy Judge. This matter came before the Court on the Debtor's motion to set apart as exempt life insurance proceeds, and Parsons & Whittemore Enterprises Corporation's ("P & W") objection to the motion. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. After due consideration of the pleadings, briefs, evidence...
