MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment of the Plaintiff Great American Insurance Company ("GAIC") against Defendant/Debtor Dewayne Anthony Poynter ("Debtor"). The Court considered the Motion and Memorandum of Law of GAIC, the Response to GAIC's Motion by Debtor, the Reply of GAIC and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will enter the...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion Pursuant to Sections 327 and 1107 of the Bankruptcy Code for Order Authorizing Debtor-in-Possession to Retain and Employ Attorneys Nunc Pro Tunc ("the Application") filed by Debtor USHC, LLC ("Debtor") seeking an Order approving the employment of Seiller Waterman LLC ("Seiller Waterman") as attorneys for Debtor. The Court considered the Debtor's Application, the United States Trustee's Limited...
MEMORANDUM-OPINION-ORDER JOAN A. LLOYD, Bankruptcy Judge. This matter came before the Court on the Motion for Partial Summary Judgment filed by Defendants KY USA Energy, Inc., et al. as to Count IX 1 of the Complaint of Plaintiffs K & D Energy, Inc., et al. The Court considered the Memorandum of Law in Support of the Motion for Partial Summary Judgment and the Exhibits filed in support thereof by the Defendants, the Response of the Plaintiffs, including the Exhibits and Affidavits filed in...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Partial Summary Judgment Regarding Counts VII and VIII of the Plaintiffs' Complaint filed by the Debtor, KY USA Energy, Inc. ("Debtor") and on the Plaintiffs' Cross Motion for Partial Summary Judgment Regarding Counts VII and VIII of the Plaintiffs' Complaint filed by Plaintiff, K & D Energy, a Kentucky partnership ("K & D") and individual Plaintiffs Michael Slinker and Kimberly Slinker,...
MEMORANDUM-OPINION THOMAS H. FULTON, Bankruptcy Judge. THIS ADVERSARY PROCEEDING is before the Court after the conclusion of a trial on the merits of Plaintiff's complaint against Defendant for breach of contract and Defendant's counterclaim against Plaintiff for breach of contract. 2 As more fully discussed below, the Court finds in favor of Defendant. By virtue of 28 U.S.C. 157(b), this is a core proceeding. 3 The following constitutes the Court's Findings of Fact and Conclusions of...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Partial Summary Judgment of Defendant/Debtor KY USA Energy, Inc. ("Debtor") on Counts III and IV of the Complaint of Plaintiffs K & D Energy, et al. ("Plaintiffs"). The Court considered the Debtor's Motion and Supporting Memorandum of Law, the Response in Opposition to Debtor's Motion for Partial Summary Judgment and the comments of counsel for the parties at the hearing held on the matter....
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment of Plaintiff/Debtor Paul A. Minefee. The Court reviewed the Plaintiff's Motion for Summary Judgment and the Response of Defendant Evelyn Kathryn Perschka-Marion. There being no genuine issues of material fact and Plaintiff being entitled to Summary Judgment as a matter of law, the Court will enter Judgment in his favor on his Complaint. STATEMENT OF UNDISPUTED MATERIAL FACTS...
MEMORANDUM-OPINION THOMAS H. FULTON, Bankruptcy Judge. This Adversary Proceeding comes before this Court on the objection to discharge and nondischargeability complaint filed by the plaintiff, Kentucky Neighborhood Bank (the "Plaintiff" or "KNB") on March 18, 2010, against the defendants, Roy Wayne Ireland ("Wayne") and Chrystal R. Ireland ("Chrystal" or together the "Defendants"), the debtors in the underlying bankruptcy. 1 The Plaintiff contends that the Defendants have made false oaths or...
MEMORANDUM-OPINION THOMAS H. FULTON, Bankruptcy Judge. THIS ADVERSARY PROCEEDING is before the Court after the conclusion of the trial on the merits of Plaintiff's complaint for declaratory and other relief. Plaintiff's complaint seeks an order from this Court declaring that certain of the Defendants owe Plaintiff the sum of $1,800,000.00 plus costs, late fees, interest, penalties and attorney's fees; that Plaintiff has an equitable lien on all assets sold pursuant to the Asset Purchase...
