MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, Jr. , Bankruptcy Judge . This Adversary Proceeding came before the Court on October 12, 2017, for a trial on the merits of the Amended Complaint filed by Plaintiffs Sharon Dotson, Aleka Bell, and Elaine Edwards against Debtor Edward Watson. (Doc. 35). Appearing on behalf of Plaintiffs was attorney Larry Moorer, and on behalf of Defendant Debtor was attorney John Grow. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C....
ORDER DENYING MOTION TO RECONSIDER JERRY C. OLDSHUE, Jr. , Bankruptcy Judge . This matter is before the Court on the Motion For Court to Reconsider Its Order Approving Employment of Blackburn & Conner, P.C. by Richard A. Maples, Trustee, to Provide Legal Services in Connection with the Prosecution of Civil Action No. 2013-901096 in Baldwin County, Alabama, filed by attorney Fred Killion on behalf of himself. (Doc. 685). The law firm of Blackburn & Conner, P.C., as counsel for Debtor...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, Jr. , Bankruptcy Judge . This matter came before the Court on Capital One N.A.'s (hereinafter "Movant") Motion to Allow Late Claim. (Doc. 32). Appearances were noted on the record. Having heard from the Movant, the Court finds that the Motion to Allow Late Claim is due to be DENIED for the reasons set forth below. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 1334 and 157, and the District Court's Standing Order of...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This Adversary Proceeding came before the Court on August 17, 2017 for trial on the Complaint filed by Plaintiff, Acceptance Loan Company, LLC. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 1334 and 157, and the order of reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(I), and the Court has authority to enter a final order. The Complaint...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . Pending before the Court is a Motion for Authority and Amended Application to Enforce Property Division Provisions of Judgment of Divorce and Supporting Brief filed by Creditor Candace LaForce, (Docs. 468, 494, 653), and the Trustee's Response in Opposition thereto. (Doc. 683). A hearing was held on the Motion on August 1, 2017. Appearing before the Court was the Trustee, Lynn Harwell Andrews and counsel for the...
MEMORANDUM OPINION AND ORDER ON MOTIONS TO DISMISS, OR IN THE ALTERNATIVE, APPOINTMENT OF A CHAPTER 11 TRUSTEE JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter (hereinafter " Breland, II ") is before the Court on Creditor Levada EF Five, LLC's ("Levada") Motion to Dismiss or in the Alternative Appointment of a Chapter 11 Trustee (Docs. 22, 65, 173, 184); Creditors Hudgens & Associates, LLC ("H & A") and Equity Trust Company as Custodian for the Benefit of David E. Hudgens IRA #...
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT JERRY C. OLDSHUE, Jr. , Bankruptcy Judge . This matter is before the Court on the parties' cross-motions for summary judgment as to Counts I & II of the Second Amended Complaint, and Responses thereto. (Docs. 56, 57, 65, 66). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, and the District Court's Standing Order of Reference dated August 25, 2015. This matter involves both core and non-core issues. However, the...
ORDER AND MEMORANDUM OPINION JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This Adversary Proceeding is before the Court on Plaintiff's Complaint, which was set for trial before the undersigned on October 17, 2016. Appearing on behalf of the Trustee Plaintiff (hereinafter the "Trustee" or "Plaintiff"), were attorneys C. Michael Smith and Suzanne Paul; the Trustee was also present. On behalf of Defendant Lanac Investments, LLC (hereinafter "Lanac"), was attorney Edward LeBreton. On...
