MEMORANDUM OPINION GREGORY R. SCHAAF , Bankruptcy Judge . The United States Trustee seeks denial of Defendant Debtor Jason Whitaker's chapter 7 discharge pursuant to 11 U.S.C. 727(a)(3) and 727(a)(5). 1 The record confirms that Whitaker is not entitled to a discharge. I. RELEVANT FACTS AND PROCEDURAL HISTORY. A. General Background. Whitaker filed for chapter 7 relief on February 27, 2018. [Bankr. ECF No. 1.] He scheduled $218,986.12 in assets and $2,323,916.53 in liabilities. [ Id....
MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT AGAINST DEFENDANT BANK OF THE WEST GREGORY R. SCHAAF , Bankruptcy Judge . Plaintiff James Westenhoefer requests a summary judgment that the lien of Defendant Bank of the West on a 2015 Rockwood Travel Trailer, VIN No. 4X4TRLF26F1863590, is not properly perfected. [ECF No. 24.] See also FED. R. CIV. PROC. 56, made applicable by FED. R. BANKR. PROC. 7056. The Plaintiff is the chapter 7 trustee who is using the trustee's strong-arm power to...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS IN PART, ABSTAINING IN PART, AND DENYING MOTION FOR LEAVE TO AMEND TRACEY N. WISE , Bankruptcy Judge . This adversary proceeding is before the Court on Defendant's Motion to Dismiss [AP ECF No. 15] the First Amended Class Action Complaint (the "Complaint") [AP ECF No. 4] that Plaintiff/Debtor Donald R. Nagel, Jr. filed against Defendant/Creditor Kentucky Tax Bill Servicing, Inc. ("KTBS"). 1 Because the Bankruptcy Code does not...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on Computer Programs and Systems, Inc., and Evident, LLC's Renewed Motion to Allow and Compel Payment of Administrative Expense Claim [ECF No. 282] and related briefing [ECF No. 392] and the Chapter 7 Trustee's Objection [ECF No. 303] and related briefing [ECF Nos. 304 & 395]. A hearing was held on January 16, 2020. The request for an administrative expense claim pursuant to 11 U.S.C. 503(...
MEMORANDUM OPINION AND ORDER ON CHAPTER 7 FEE PRACTICES Tracey N. Wise , Bankruptcy Judge . May an attorney limit the scope of their bankruptcy services to a prepetition analysis of a debtor's bankruptcy options and filing the debtor's skeletal chapter 7 petition In short, if done properly, yes. Much has been written about attorneys' attempts to "unbundle" services and "bifurcate" their fee arrangements in chapter 7 proceedings. By these efforts, counsel seek to avoid the result...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . Hazard Coal Corporation filed the Hazard Coal Corporation's Protective Motion for Reconsideration or in the Alternative, Motion to Alter, Amend or Vacate the Sale Order with Respect to American Resources Corporation. [Case No. 19-51200, ECF No. 595 (the "Motion to Reconsider").] The Motion to Reconsider seeks alteration of the Order (I) Approving the Sale of Substantially All of the Debtors' Assets Related Thereto Free and...
