MEMORANDUM OPINION JOAN A. LLYOD, Bankruptcy Judge. This matter is before the Court on the Motion for Nunc Pro Tunc Authority (I) to Employ and Compensate Peritus Public Relations, LLC ("Peritus") Pursuant to 11 U.S.C. 1108 and (II) to Issue Payment for Reimbursable Expenses Incurred Pre-Petition ("the Application"), filed by Debtor Seven Counties Services, Inc. ("the Debtor"). The Court considered the Application, the Objection to the Application of Kentucky Employers Retirement Systems...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment of Plaintiff Alicia C. Johnson in her capacity as Chapter 7 Trustee ("Trustee") against Defendant The Bank of New York Mellon ("The Bank") and the Response and Cross-Motion for Summary Judgment of The Bank. The Court considered the Trustee's Motion and Supporting Memorandum of Law, the Response of The Bank and the Cross-Motion for Summary Judgment and Memorandum of Law in...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motions to Dismiss for Improper Venue filed by Creditor Capital Bank, N.A. ("Capital Bank") and Creditor PBI Bank, Inc. ("PBI") (collectively referred to as "the Banks"). The Court considered the Banks' Motions, the Response of Debtors Investors Capital Partners II, LP, Investors Capital Partners I, LP, Investors Land Partners II, LP, and Investors Towne Center Partners I, LP ("Debtors"), the evidence...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter came before the Court for an evidentiary hearing on the following Motions: Motion of Creditor Citizens First Bank ("CFB") to Prohibit Use of Cash Collateral; Motion of CFB for Relief from the Automatic Stay on Livestock and Farm Equipment; Motion of Sunshine Heifers, LLC ("Sunshine") to Extend Time to Assume or Reject Unexpired Leases; and Motion for Relief from Stay on Livestock. The Court determined at the hearing that a...
MEMORANDUM-OPINION THOMAS H. FULTON, Bankruptcy Judge. THIS ADVERSARY PROCEEDING is before the Court after the conclusion of a trial on the merits of the cause of action brought by the U.S. Trustee's Office ("Plaintiff") against Aldo Abad ("Defendant") under 11 U.S.C. 727(a)(2)(B) and 727(a)(4)(A). For the reasons set forth below, the Court determines that Abad is not entitled to a discharge under 11 U.S.C. 727. By virtue of 28 U.S.C. 157(b)(2)(I), this is a core proceeding. The...
MEMORANDUM ALAN C. STOUT, Bankruptcy Judge. This adversary proceeding comes before the Court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by the Defendants Scott J. Savage Revocable Living Trust and Peter P. Pilliod Revocable Living Trust (collectively the "Trusts"). The Plaintiff, Chapter 7 Trustee Julie Apperson, filed a response in opposition to the motion to dismiss. Upon consideration of the motion, the response, and the record in this case, the Court grants...
