ORDER PHYLLIS M. JONES , Bankruptcy Judge . Pending before the Court is the Motion to Dismiss and Incorporated Brief in Support (the " Motion to Dismiss ") (AP No. 19-1015, Doc. No. 17) filed by M. Randy Rice, Chapter 7 Trustee (the " Trustee "), along with the response to same filed by Oakley Grain, Inc. and Bruce Oakley, Inc. (collectively, " Oakley ") (AP No. 19-1015, Doc. No. 25); the reply filed by the Trustee (AP No. 19-1015, Doc. No. 26); the supplement to response filed by...
ORDER AND OPINION GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS Ben Barry , United States Bankruptcy Judge . This case has a long and rich history. On August 31, 2015, the debtor filed a skeletal chapter 7 petition in which she indicated that her debts were primarily "consumer/non-business." On September 14, 2015, the debtor filed her first set of schedules and statements, as well as her Chapter 7 Statement of Current Monthly Income and Means Test Calculation [initial means test]....
MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . In this Chapter 7 proceeding, the trustee, Frederick S. Wetzel, III ("Trustee"), filed his Complaint Objecting to Discharge ("Complaint") against the debtor, Reba Eichler, pursuant to 11 U.S.C. 727(a)(3), (4), and (5). The debtor filed her Response to Complaint Objecting to Discharge resulting in a trial on March 14, 2019. The Trustee appeared personally and by and through his counsel as did...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Complaint Seeking Exception to Discharge Pursuant to 11 U.S.C. 523(a)(2) and Objection to Discharge Pursuant to 11 U.S.C. 727(c) filed by Cross County Bank ( "CCB" ) on August 19, 2016 (the "Complaint" ), and the Answer filed by Bryan T. Grigsby (the "Debtor" ) on September 7, 2016. CCB seeks a determination that its debt is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(B),...
MEMORANDUM OPINION AND ORDER CLASS ACTION HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . The debtors, Freddy and Amber May, filed a 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'...
