MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Debtor Defendant Troy L. Vanwinkle's Motion to Dismiss Amended Complaint [ECF No. 26]. The Plaintiffs, Lyle Walker and Carl David Crawford, filed this adversary proceeding seeking a judgment that their claim is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(6). [ECF No. 1 at 5; ECF No. 24 at 20.] A hearing was held on the Motion to Dismiss on December 6, 2016, and the matter...
MEMORANDUM OPINION AND ORDER Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on the United States Trustee's ("UST") Motion to Disqualify Bingham Greenebaum Doll LLP from Representing the Chapter 7 Trustee [ECF No. 2044] 1 ("Motion to Disqualify") in which two groups of Debtors' 2 largest creditors join: (i) East Coast Miner LLC, East Coast Miner II LLC, Keith Goggin and Michael Goodwin (collectively, the "ECM Entities"), and (ii) CAMOFI Master LDCM, CAMHZN Master LDC,...
MEMORANDUM OPINION GREGORY R. SCHAFF , Bankruptcy Judge . The issue before the Court is whether a judgment debt, plus interest, costs and attorney fees, is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A). A trial was conducted on November 29, 2016. Upon consideration of the parties' stipulation of facts, testimony and exhibits admitted into evidence, arguments of counsel, and the record, the judgment debt, plus interest and attorney fees incurred in prosecution of this adversary...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Plaintiffs Tom Nelson and Frieda Nelson's Motion for Summary Judgment [ECF No. 6] under Civil Rule 56 (applicable herein under Bankruptcy Rule 7056). 1 Plaintiffs filed a Complaint [ECF No. 1] seeking to except the debt owed to them by Defendant/Debtor James A. Taylor from Debtor's discharge under 523(a)(6). Debtor did not oppose the Motion. Because Plaintiffs advanced sufficient legal and...
MEMORANDUM OPINION AND ORDER TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court upon Creditor Fayette Tax Receivables, LLC's Motion to Lift Automatic Stay and to Compel Trustee to Abandon Property. [ECF No. 34.] Creditor seeks to proceed with the judicial sale of the property located at 122 Simpson Avenue, Lexington, KY 40504 (the "Property"). Debtor John Cecil Elkins filed a Response [ECF No. 38] to the Motion, and Creditor filed a Reply [ECF No. 39]. The parties appeared...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR AN ORDER DECLARING A JUDGMENT "UNDISCHARGEABLE" TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Debtor/Defendant Patricia Eileen Nelson's Motion to Dismiss this adversary proceeding. [ECF No. 15.] 1 The Court held a pre-trial conference on October 12, 2016, at which both Debtor and Plaintiff Ali Zadeh appeared pro se. The parties were authorized to supplement the record...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . This declaratory judgment action to determine whether certain prepetition health insurance proceeds are property of the Debtors' estate is before the Court on the renewed cross-motions for summary judgment and supporting papers of the Plaintiff, PHI Air Medical, LLC [ECF Nos. 44 and 52], and the Defendant, Chapter 7 Trustee James R. Westenhoefer [ECF Nos. 50 and 51]. The parties previously filed similar motions [ECF Nos. 15 and...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Defendant/Debtor Virgil J. Maynard's Motion for Summary Judgment [ECF No. 20] under Civil Rule 56 (applicable herein under Bankruptcy Rule 7056). 1 Plaintiff Frank Hager filed a non-verified Complaint [ECF No. 1] seeking to except the debt owed to him by Debtor from Debtor's discharge under 523(a)(6). Because Hager failed to put forward any evidence to support his claim in response to Debtor's...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court for an evidentiary hearing on an Objection to Confirmation by Creditor Central Bank & Trust Co. ("Central Bank") [Case No. 15-52410, ECF No. 15] and a trial on the Plaintiff Central Bank's Complaint [Adversary No. 16-5011, ECF No. 1] alleging a debt of $17,862.39 as of December 11, 2015, plus interest, costs, expenses and reasonable attorneys' fees pursuant to Central Bank's Proof of Claim No. 2, is...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . The Complaint filed by the United States Trustee seeks denial of the Debtor's discharge based on one or more of the following grounds: Count 1 and Count 3 — fraudulent transfer and/or concealment under 727(a)(2); Count 2 — false oath(s) under 727(a)(4); Count 4 — failure to explain a loss or deficiency of assets ( 727(a)(5)); and Count 5 — failure to maintain records under 727(a)(3). [AP No. 1.] 1 A trial was held on August...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . The Plaintiffs Dermot and Hilary Halpin brought this adversary proceeding to declare an obligation of the Debtor Defendant William Hardy non-dischargeable under 11 U.S.C. 523(a)(2)(A). A trial was held on June 8-10, 2016, and the matter is ripe for a decision. The subject debt is dischargeable upon consideration of the parties' stipulation of facts, arguments, testimony and exhibits admitted into evidence, and the record. The...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on confirmation of the Debtor's proposed chapter 13 plan [ECF No. 2] and the Objection to Confirmation of Debtor's Plan filed by Vanderbilt Mortgage and Finance, Inc. [ECF No. 14]. The Debtor filed its Response and Objection to Vanderbilt Mortgage and Finance's Objection to Confirmation of Debtor's Plan [ECF No. 17] and the matter was set for a valuation hearing on June 21, 2016. [ECF Nos....
MEMORANDUM OPINION AND ORDER TRACEY N. WISE , Bankruptcy Judge . These converted chapter 7 cases came before the Court on March 10, 2016, on the Motion for Declaration Regarding D&O Liability Insurance Coverage Payable for the Benefit of Keith Goggin and Michael Goodwin [ECF No. 1781] ("Motion") in which Keith Goggin and Michael Goodwin (together the "Movants"), former directors of debtor U.S. Coal Corporation ("U.S. Coal"), seek an order authorizing them to receive payment from the...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . In this removed action Phaedra Spradlin, in her capacity as the chapter 7 trustee ("Trustee"), was substituted as the real party in interest for the two debtors/defendants, U.S. Coal Corp. ("U.S. Coal") and J.A.D. Coal Company, Inc. ("JAD"). Before the Court is the Trustee's Motion to Dismiss Adversary Proceeding [ECF No. 21] ("Motion to Dismiss") requesting dismissal not only of the claims against the U.S. Coal and JAD bankruptcy...
MEMORANDUM OPINION Tracey N. Wise , Bankruptcy Judge . This removed action is related to prior adjudications that discuss the fourteen year history of the underlying bankruptcy case. First, the United States District Court determined it had bankruptcy jurisdiction over this matter and denied the Plaintiff's Motion to Remand, Giese v. Cmty. Tr. Bank, Inc., No. 14-126-GFVT, 2015 WL 1481618, at *1 (E.D.Ky. Mar. 31, 2015). Second, this Court determined this is a core proceeding and thus...
MEMORANDUM OPINION AND ORDER TRACEY N. WISE , Bankruptcy Judge . In this adversary proceeding, pro se Plaintiff/Debtor, Michael W. Tomlin ("Tomlin") asserts causes of action for defamation, violations of the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq. ("FCRA" or "Act"), breach of contract, fraud, intentional infliction of emotional distress, and tortious interference with contractual relationships against multiple defendants. 1 Tomlin bases his causes of action on allegations...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS TRACEY N. WISE , Bankruptcy Judge . Plaintiff HIJ Industries, Inc. ("HIJ") asserts claims against the Debtor/Defendant seeking to bar his discharge under 11 U.S.C. 727(a)(2) and/or except HIJ's claims from the Debtor's discharge under 11 U.S.C. 523(a)(6). Debtor moves to dismiss the Complaint under Federal Rule of Civil Procedure 12(c), applicable herein pursuant to Federal Rule of Bankruptcy Procedure 7012(b). 1 [ECF No. 17.]...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on the Defendants Michael J. Khouri and Khouri Law Firm's Motion to Dismiss [ECF No. 9] the Plaintiff's Complaint pursuant to FED. R. CIV. P. 12(b)(6) (incorporated by FED. R. BANKR. P. 7012). The Plaintiff seeks to avoid a transfer of $50,000.00 to the Defendants with her avoidance powers under 11 U.S.C. 549 and 550(a). Because the Plaintiff's claims are barred by the doctrine of res judicata, the...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Plaintiffs' Motion for Summary Judgment [ECF No. 15], the Defendant's Response [ECF No. 50], and the Plaintiffs' Reply [ECF No. 51]. The Plaintiffs move for summary judgment on Count I (11 U.S.C. 523(a)(3)(B)/(a)(2)(A)), Count II (11 U.S.C. 523(a)(3)(B)/(a)(4)) and Count III (11 U.S.C. 523(a)(3)(B)/(a)(6)) of their Complaint based on the doctrine of collateral estoppel. They argue the...
