MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Order of this Court for Debtor's counsel, John Corey Morgan ("Morgan"), to show cause why he should not be sanctioned for failure to properly represent the Debtor, Martha Ann Oliver ("Debtor") in this case. The Court considered the entire record of this case, the Report of the U.S. Trustee, the comments of the Debtor, the U.S. Trustee and Morgan at the hearing held on the matter, as well as the...
MEMORANDUM ALAN C. STOUT, Bankruptcy Judge. The above-styled case comes before the Court on the Motion to Approve Settlement Agreement and Mutual Release Pursuant to Bankruptcy Rule 9019 ("Motion") filed by the Chapter 7 Trustee, Michael E. Wheatley, for the Bankruptcy Estate of William L. Schwartz ("Trustee"). In the Motion, the Trustee seeks approval of a Settlement Agreement with the Defendants, William Wilson, Burress, McAfee & Wilson, PLLC, McAfee & Wilson, a partnership, Wilson &...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Application to Employ Attorney for the Estate filed by Trustee Robert W. Keats ("Trustee"). The Trustee seeks approval of the hiring of attorney David A. Black ("Black") on behalf of the Estate in Rebecca Hash v. L & N Federal Credit Union, et al. pending in the Jefferson Circuit Court, Case No. 11-CI-02139 ("the case"). The Application seeks approval of the employment of Black on a contingency...
MEMORANDUM OPINION ALAN C. STOUT, Bankruptcy Judge. This adversary proceeding comes before the Court on the Motion for Summary Judgment filed by the Plaintiff, Cedric Savage ("Plaintiff"). At issue is whether the debt owed to Plaintiff is nondischargeable pursuant to 11 U.S.C. 523(a)(6). Upon review of the motion, the supporting documents, and the response filed by the Defendant, William W. Murphy ("Defendant"), the Court concludes that summary judgment should be granted in favor of the...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motions of Debtors Steve and Margarete Beck ("Debtors") to Strip Off Junior Liens of Creditor First Federal Savings Bank ("Bank"). The Court considered the Debtors' Motions, the Objections of the Bank, the comments of counsel for the parties at the hearing held on the matter, as well as the supplemental objections and response of the Debtors filed after the hearing. For the following reasons, the Court...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment of Defendant/Debtor Sherroll Watson ("Debtor"). The Court reviewed the Motion and the Memorandum of Law in Support of Debtor's Motion and the Response of Plaintiff Ken Blight ("Blight") to Debtor's Motion. For the following reasons, the Court will GRANT the Debtor's Motion for Summary Judgment. STATEMENT OF UNDISPUTED MATERIAL FACTS Debtor was a 50% shareholder and...
ORDER-MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Clarification filed by Defendant Fidelity and Deposit Company of Maryland ("F & D") in its Capacity as Performance Bond Surety for Plaintiff Rust of Kentucky, Inc. ("Rust"). Although the Court's Judgment of February 7, 2012 disposes of the issues raised in F & D's Motion, the Court will GRANT the Motion of F & D in order to clarify the matters raised by F & D in its Motion. On...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter came before the Court for trial on the Complaint of Debtor/Plaintiff Rust of Kentucky, Inc. ("Rust"), against Defendants TMS Contracting, LLC ("TMS") and Fidelity and Deposit Company of Maryland ("F & D"). The Court considered the trial testimony of the witnesses, the documentary evidence submitted, the arguments of counsel and its own research. For the reasons stated herein, the Court will enter the attached Judgment in favor of...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter came before the Court for trial on the Complaint of Plaintiff, Presidential Bank, FSB ("Presidential") against Defendant Ravi Parekh ("Parekh"). The Court considered the testimony of the witnesses, Mark Flener, Laura Ross and Parekh, the documentary evidence submitted and arguments of counsel for the parties. For the following reasons, the Court will enter Judgment in favor of Presidential in the amount of $39,262.36 on its...
MEMORANDUM OPINION ALAN C. STOUT, Bankruptcy Judge. This matter came before the Court for trial on January 10, 2012. Both the Defendant, Norman S. O'Nan ("O'Nan") and the Plaintiff, Bank of Henderson (the "Bank") appeared with counsel. The parties presented testimony and exhibits for the Court to consider. The Court enters the following Findings of Fact and Conclusions of Law pursuant to Fed. R. Bank. P. 7052. FINDINGS OF FACT At some point in time prior to 2008, O'Nan purchased a business...
