MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on the Bank of Kentucky's motion for judgment on the pleadings. In this adversary proceeding, the Bank of Kentucky (Plaintiff) seeks a declaratory judgment that two tracts of real property in which Debtor claims a one-half interest are not property of Debtor's estate, but property of a family partnership in which Debtor is a partner. Further, Plaintiff seeks a determination that a judgment debt, owed to...
MEMORANDUM-OPINION THOMAS H. FULTON , Bankruptcy Judge . These jointly administered cases come before the Court 2 following the evidentiary hearing held June 23-25, 2014, regarding creditor West Virginia Department of Environmental Protection's ("WVDEP") Application for Administrative Expenses (the "WVDEP Application") and the objection thereto by the Liquidating Trustee of the App Fuels Creditor Trust (the "Trustee"). This is a core proceeding under 28 U.S.C. 157(b)(2)(B), and the...
MEMORANDUM OPINION AND ORDER TRACEY N. WISE, Bankruptcy Judge. In this Chapter 13 case, Debtor's former wife, Gayle Ripberger ("Movant") seeks stay relief to obtain a post-divorce decree state court adjudication of her and Debtor's rights in their former marital residence. She argues that the parties' divorce decree granted the Debtor an option to purchase the marital residence from her, that the option expired, and that the issue of the parties' rights in the residence therefore remains...
MEMORANDUM OPINION JOE LEE, Bankruptcy Judge. This case presents what appears to be a question of first impression in this or any other court. This Court entered two merits judgments in this action. One was appealed; the other wasn't. On appeal, the District Court held this Court lacked jurisdiction over this action and vacated the appealed judgment; the Sixth Circuit, in an unpublished opinion, affirmed. Now, the judgment losers in the unappealed judgment have moved to set it aside as...
MEMORANDUM OPINION GREGORY R. SCHAAF , Bankruptcy Judge . In this action, the United States Trustee seeks denial of discharge to the Debtor, a bloodstock agent, based on 11 U.S.C. 727(a)(3) and 727(a)(5). The U.S. Trustee alleges the Debtor failed to keep records that would help assess his financial condition and explain the loss of certain assets. The U.S. Trustee raises questions with the disposition of two loans, cash withdrawals over a seven-year period, funds which the Debtor...
MEMORANDUM OPINION GREGORY R. SCHAAF, Bankruptcy Judge. This matter is back before the Court on the Defendant's Motion for Judgment on the Pleadings [Doc. 9], Response to Defendant's Motion for Judgment on the Pleadings [Doc. 11] and the Defendant's Reply to Plaintiff's Response to Motion for Judgment on the Pleadings [Doc. 13]. This opinion also decides the Trustee's Motion for Leave to File Amended Complaint [Doc. 22] and the Defendant's Objection to Plaintiff's Motion for Leave to File...
MEMORANDUM OPINION GREGORY R. SCHAAF, Bankruptcy Judge. Plaintiff James Rogan, the chapter 7 trustee (the "Trustee"), seeks to avoid mortgages granted to the Defendant, U.S. Bank, N.A., by the Debtor, James G. Partin. [Doc. 1] The mortgages affect three different properties in Jessamine County, Kentucky. The Trustee argues that the mortgages were improperly recorded under Kentucky law and do not provide constructive notice. Therefore, the Trustee has priority over and may avoid the mortgages...
MEMORANDUM OPINION GREGORY R. SCHAAF, Bankruptcy Judge. This matter is before the Bankruptcy Court on the Defendant Beads and Steeds, LLC's Motion for Judgment on the Pleadings [Doc. 9]. The Plaintiff Trustee filed her Objection [Doc. 11] and the Defendant filed its response [Doc. 13]. On July 24, 2014, the Bankruptcy Court heard oral argument and took the matter under submission. It is now ripe for determination. The issue is whether the Trustee failed to state a claim upon which relief may...
MEMORANDUM OPINION AND ORDER GRANTING RELIEF FROM STAY GREGORY R. SCHAAF, Bankruptcy Judge. This matter is before the Bankruptcy Court on the Creditors' Andrea Lee and Richard Perry's Motion for Relief from Stay [Doc. 58] and Memorandum in Support [Doc. 75] and the Debtors' Objection [Doc. 71]. Lee and Perry seek relief from stay to continue to prosecute a pre-petition lawsuit filed against the Debtor in federal district court. The Debtor opposes such relief, arguing that the matter is...
OPINION AND ORDER DENYING MOTION TO REJECT AGREEMENTS TRACEY N. WISE, Bankruptcy Judge. This matter is before the Court on Debtors' Motion for an Order Authorizing the Rejection of Certain Agreements ("Motion") [Doc. 394] between Debtor Little Elk Mining Company, LLC ("Little Elk") and ICG Natural Resources, LLC ("Natural Resources") and ICG Hazard, LLC ("Hazard," and together with Natural Resources, the "ICG Entities"). The ICG Entities filed an objection ("Objection") [Doc. 412] to the...
MEMORANDUM OPINION JOE LEE, Bankruptcy Judge. In this Chapter 7 case, the United States Trustee seeks to deny the Debtor's discharge under 11 U.S.C. 727(a)(3) and 727(a)(5) because of the Debtor's failure to keep records detailing the disposition of certain assets, and his failure to explain the loss of those assets. Those assets include large withdrawn sums of cash, funds raised in "investment pools" to purchase stallion seasons and broodmare prospects, shares of a syndicated...
MEMORANDUM OPINION TRACEY N. WISE, Bankruptcy Judge. This case is about a lake house, and the limited liability company that Debtors formed with two family friends to purchase and manage it. Prior to their bankruptcy, Debtors Mr. and Mrs. Gleason and the VonLehmans formed an LLC to purchase, manage, and share a lake house in Sardinia, Ohio. Debtors contributed a little over half of the lake house's purchase price, but they financed their contribution with the assumption of a mortgage that...
