MEMORANDUM OPINION AND ORDER AND JUDGMENT DENYING DEBTOR A DISCHARGE JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter having come before the Court on the Motion For Summary Judgment, pursuant to FRBP 7056 and FRCP 56, and Narrative Summary of Undisputed Facts and Brief (doc. 11, 12) filed by Mark S. Zimlich, Bankruptcy Administrator for the Southern District of Alabama, and notice having been given, and a hearing held on September 18, 2018, and W. Alexander Gray Jr. having...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on June 5, 2018, on the Motion to Compel Chapter 11 Trustee to Amend Debtor's Statements and Schedules and to Investigate Claims, or in the alternative to Proceed Derivatively filed by creditors Adams and Reese, LLP and Crimson Portfolio, LLC (hereinafter "the Creditors"), to which the Bankruptcy Administrator (hereinafter, "BA") and the Chapter 11 Trustee, A. Richard...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND GRANTING ALTERNATIVE REQUEST FOR MORE DEFINITE STATEMENT JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court for a hearing on April 24, 2018, on Defendant, Victor LaForce's Motion to Dismiss Complaint or In The Alternative For A More Definite Statement (Doc. 10), and the Plaintiff's Response in Opposition thereto. (Doc. 16). Appearing on behalf of the Trustee Plaintiff were attorneys Jerry...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for a hearing on January 30, 2018, on creditor Crimson Portfolio, LLC's (hereinafter "Crimson") and Adams and Reese, LLP's (hereinafter "A & R") (altogether, "Movants") Joint Motion for Amendment of Order and Appointment of Unsecured Creditors' Committee. (Does. 601, 603, 604, 886, 887). The Internal Revenue Service (hereinafter "I.R.S.") filed an objection to the Motion, in which...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankrutpcy Judge . This matter is before the Court on the Trustee's Motion to Alter or Amend Order Granting Henry Marine's Motion for Administrative Expenses. That Order, (Doc. 86), entered December 20, 2017, allowed Henry Marine Service, Inc. ("Henry Marine") an administrative expense claim pursuant to 11 U.S.C. 503(b) for expenses related to preserving and maintaining a barge now known as the AGB 1801 (hereinafter, "the 1801"). The...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on January 25, 2018 for Confirmation of the Debtor's Chapter 13 Plan of Reorganization and the oral Objection to Confirmation of the Chapter 13 Trustee. In particular, the Chapter 13 Trustee objects to the Debtor's post-petition voluntary contributions to her 401(k) retirement plan on the grounds that the amount of such contributions should be considered disposable income and the...
MEMORANDUM OPINION AND ORDER JERRY C. OLDSHUE, JR. , Bankruptcy Judge . This matter came before the Court on November 13, 2017, for an evidentiary hearing on the Trustee's Motion to Approve Compromise Under Rule 9019 (Docs. 571, 644) and Debtor's Response in Opposition thereto. (Doc. 684). 1 The hearing took place over the course of two days and the parties were given additional time thereafter to file by brief their closing arguments and position statements regarding the evidence...
