MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on Defendants' Motion to Stay Pending Appeal [AP Doc. 11] and the United States' Motion for Stay Pending Appeal of Order Allowing Interim Use of Cash Collateral [Bk Doc. 68]. 1 On July 1, 2015, this Court, in an oral ruling, granted Plaintiff's Emergency Motion for a Preliminary Injunction or Temporary Restraining Order [AP Doc. 2] in part and granted Plaintiff's Expedited Motion for...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . These cases are before the Court on the Motions for Determination that the Automatic Stay Does Not Apply, or in the Alternative, for Relief from the Automatic Stay [ECF No. 24 (Case No. 15-51985) and ECF No. 25 (Case No. 15-51986)] 1 filed by 500's on Main Council of Co-Owners, Inc. (the "Council"); the Debtors' Objection [ECF No. 36]; and the Council's Reply [ECF No. 37]. In its motions, the Council seeks permission to...
MEMORANDUM OPINION AND ORDER GRANTING, IN PART, DEBTORS' MOTION FOR CLASS CERTIFICATION Tracey N. Wise , Bankruptcy Judge . Debtors Kenneth and Sandra Biery ("Debtors") received a Chapter 7 discharge shortly after filing bankruptcy. That discharge extinguished their personal liability on their home mortgage, and enjoined Debtors' mortgagee, Beneficial Kentucky, Inc. ("Beneficial"), and mortgage servicer, HSBC Mortgage Services, Inc. ("HSBC" and collectively with Beneficial, "Respondents"),...
MEMORANDUM OPINION GREGORY R. SCHAAF , Bankruptcy Judge . Plaintiff United Fire & Casualty Company ("United Fire") filed this adversary proceeding [ECF No. 1] seeking a finding of non-dischargeability under 11 U.S.C. 523(a)(4) ("fraud or defalcation while acting in a fiduciary capacity") for claims arising from that certain Agreement of Indemnity dated December 27, 2000, given by Debtor Defendant Eston Arthur Eldridge and G.W.S. Contractors, Inc. ("G.W.S. Contractors") for the benefit of...
MEMORANDUM OPINION AND ORDER GRANTING THE TRUSTEE'S APPLICATIONS TO EMPLOY BARBER LAW PLLC, FOLEY & LARDNER, LLP AND BINGHAM GREENEBAUM DOLL LLP TRACEY N. WISE , Bankruptcy Judge . When these cases converted to chapter 7, the Trustee, Phaedra Spradlin ("Trustee"), filed applications to employ former Unsecured Creditor Committee ("Committee") counsel, Barber Law PLLC ("Barber") and Foley & Lardner LLP ("Foley") as her general and litigation counsel. Specifically, Foley was proposed to (a)...
MEMORANDUM OPINION AND ORDER TRACEY N. WISE , Bankruptcy Judge . This removed action seeks an adjudication of title to funds that this Court has already adjudicated at least once, if not twice. Debtor Leslie Resources, Inc. sold its assets to two entities in asset purchase agreements approved by this Court pursuant to the Debtor's confirmed plan. The two agreements generally sold different assets, but they contained seemingly overlapping provisions for the sale of Debtor's cash. After...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Motion of Debtors for Order: (A) Approving Bid Procedures for the Sale of All or Substantially All of the Debtors' Assets (Excluding Mobile Equipment) and to Assume and Assign Certain of the Debtors' Executory Contracts and Unexpired Leases; (B) Scheduling an Auction and Hearing to Consider the Sale and Approve the Form and Manner of Notice Related thereto; and (C) Granting Related...
MEMORANDUM OPINION Tracey N. Wise , Bankruptcy Judge . Debtor's Chapter 7 Trustee seeks turnover of a fee paid to Debtor's criminal defense counsel post-petition. The fee was wire-transferred to Defendants by the Debtor's elderly mother, and the parties hotly dispute whether the Debtor was the true source of the transferred funds. In their dispute over the fee's origins, however, the parties miss a more fundamental point. Turnover can only be used to demand return of estate property to...
MEMORANDUM OPINION Tracey N. Wise , Bankruptcy Judge . This adversary proceeding raises a novel question regarding the scope of property of the estate under 11 U.S.C. 541: whether the Debtor's right of redemption, arising at a postpetition foreclosure sale of estate property in which the estate has not abandoned its interest, is property of the estate. The Chapter 7 Trustee argues that the right of redemption is property of the estate. ROR Holdings, LLC, a Kentucky limited liability...
