ORDER AND OPINION Ben Barry , United States Bankruptcy Judge . On December 10, 2015, the United States Trustee [the UST] filed adversary proceeding 4:15-ap-1112, seeking the denial of the debtor's chapter 7 discharge under 11 U.S.C. 727(a)(2)(A) and (a)(4)(A). 1 On January 6, 2016, the debtor filed her answer to the UST's complaint. On January 8, 2016, chapter 7 trustee Frederick S. Wetzel, III [Wetzel] filed adversary proceeding 4:16-ap-1001 against the debtor and Paul Buch [Buch],...
MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . The debtors, Freddy and Amber May, filed their Class Action Complaint ("Complaint") on May 4, 2018. The defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), filed Defendants' Motion to Compel Arbitration and to Strike Class Allegations and Memorandum in Support ("Motion") on June 25, 2018, which drew Plaintiffs' Memorandum in Opposition to Defendants' Motion to...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Complaint filed by Bruce and Linda Dantzler (" Dantzlers ") objecting to the discharge of Denny and Pamela Zulpo, who are joint debtors in this voluntary Chapter 7 bankruptcy case (" Debtors "). The Debtors timely answered the complaint. The Dantzlers base their objection to the Debtors' discharge on three provisions of Section 727 of Title 11 of the United States Bankruptcy Code: Section 727(a)...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . M. Randy Rice, the successor Chapter 7 Trustee (the "Trustee" ) in the bankruptcy case filed by Turner Grain Merchandising, Inc. (the "Debtor" ), filed this adversary proceeding seeking to avoid a transfer made by the Debtor to M-Real Estate LLC ( "M-Real Estate" ) as a preferential transfer under 11 U.S.C. 547(b). The Complaint asserts, alternatively, a cause of action for a constructively fraudulent transfer...
ORDER GRANTING, IN PART, AND DENYING, IN PART, EMERGENCY MOTION TO EXTEND AUTOMATIC STAY AND FOR PRELIMINARY INJUNCTION Phyllis M. Jones , United States Bankruptcy Judge . On March 1, 2018, the Cantrell Drug Company ("Cantrell Drug Company" or the "Debtor") commenced the above-referenced adversary proceeding against the United States of America, the Food and Drug Administration (the "FDA"), Scott Gottlieb, M.D., in his capacity as Commissioner of the FDA, and Thomas E. Price, M.D.,...
OPINION AND ORDER DENYING DEBTORS' CHAPTER 7 DISCHARGE Ben Barry , Unites States Bankruptcy Judge. On November 28, 2016, Harold Glenn Caldwell [Caldwell], individually and on behalf of Caldwell-Powell Construction, LLC [CPC], filed the above-captioned complaint against the debtors, Benny and Tammy Powell. In his complaint, Caldwell asks the Court to determine the amount of the debts that he alleges joint debtor Benny Powell [Powell] owes to both Caldwell and CPC. Caldwell also seeks a...
