MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Dismiss Adversary Proceeding filed by Defendant Hart County Finance, LLC ("Hart County"). The Court considered the Motion of Hart County, the Response to that Motion filed by the Plaintiff/Debtor Timothy Scott Sturgeon ("Debtor"), the Reply filed by Hart County, and the comments of counsel at the hearing held on the matter. For the following reasons the Court will GRANT the Motion to...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion of Creditor Premier Trailer Leasing, Inc. ("Premier") to Treat its Post-Petition Claim as an Administrative Claim. The Court considered the Motion of Premier, the Objection to Premier's Motion filed by Debtor Walbert Trucking, Inc. ("Debtor"), the comments of counsel at the hearing held on the matter and the post-hearing briefs and Affidavits filed by the parties. For the following reasons,...
AMENDED ORDER THOMAS H. FULTON , Bankruptcy Judge . THIS ADVERSARY PROCEEDING comes before the Court on Plaintiff's Complaint to Determine the Validity of a Lien. Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court's Amended Memorandum-Opinion entered this same date and incorporated herein by reference, the Court FINDS IN FAVOR OF PLAINTIFF; PROVIDED HOWEVER THAT THE COURT DOES NOT AWARD PLAINTIFF ATTORNEYS FEES OR PUNITIVE DAMAGES.
AMENDED MEMORANDUM-OPINION THOMAS H. FULTON , Bankruptcy Judge . THIS ADVERSARY PROCEEDING comes before the Court on Plaintiff's Complaint to Determine the Validity of a Lien. Plaintiff seeks an Order from the Court concluding that Defendant's Statement of Claim of Lien was based upon a false oath, was untimely filed, and is therefore void. Defendant denies the allegations and requests the Complaint be dismissed. As discussed below, the Court concludes that the Claim of Lien was untimely...
ORDER THOMAS H. FULTON , Bankruptcy Judge . THIS ADVERSARY PROCEEDING comes before the Court on Plaintiff's Complaint to Determine the Validity of a Lien. Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court's Memorandum-Opinion entered this same date and incorporated herein by reference, the Court FINDS IN FAVOR OF PLAINTIFF; PROVIDED HOWEVER THAT THE COURT DOES NOT AWARD PLAINTIFF ATTORNEYS FEES OR PUNITIVE DAMAGES.
MEMORANDUM-OPINION THOMAS H. FULTON , Bankruptcy Judge . THIS ADVERSARY PROCEEDING comes before the Court on Plaintiff's Complaint to Determine the Validity of a Lien. Plaintiff seeks an Order from the Court concluding that Defendant's Statement of Claim of Lien was based upon a false oath, was untimely filed, and is therefore void. Defendant denies the allegations and requests the Complaint be dismissed. As discussed below, the Court concludes that the Claim of Lien was untimely filed and...
MEMORANDUM Alan C. Stout , United States Bankruptcy Judge . This adversary proceeding comes before the Court on the Motion for Summary Judgment 1 (the "Motion") filed by Plaintiff CMCO Mortgage, LLC d/b/a Home Lending Source ("HLS"). The Debtor, Aaron K. Hill ("Hill"), opposes the motion. The Court has considered the Motion, the responses of Hill, the supporting documents submitted by each party, and the comments of counsel given at the hearing held on the Motion, as well as the entire...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Vacate Clerk's Entry of Default filed by Defendant/Debtor Brian Zachary Stern Herzig ("Defendant" or "Debtor"). The Court considered the Debtor's Motion, the Objection to Motion to Vacate filed by Plaintiff Robert Blevins ("Plaintiff") and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will GRANT the Debtor's Motion. An...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Nunc Pro Tunc Application ("the Application") to Employ Frost Brown Todd, LLC ("FBT") as Special Counsel filed by Debtor Clinton County Hospital, Inc. ("Debtor"). The Court considered the Debtor's Application, the Objection of the United States Trustee ("Trustee") to the Application and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court following entry of an Opinion of the Sixth Circuit Court of Appeals dated August 14, 2014, reversing this Court's Memorandum-Opinion dated March 1, 2013 and remanding the matter to this Court for further proceedings consistent with the Sixth Circuit's Opinion. In this Court's March 1, 2013 Memorandum-Opinion, the Court held that documents signed by Debtor Lee Purdy ("Debtor" or "Purdy") and creditor...
MEMORANDUM ALAN C. STOUT , Bankruptcy Judge . This matter comes before the Court on the Motion for Limited Lifting of Stay filed by creditor Angel Woodson ("Woodson"). In the motion, Woodson moved for entry of an order lifting the automatic stay for the limited purpose of permitting a damages hearing to proceed in Jefferson Circuit Court pursuant to a judgment on liability against Debtor Clifford J. Ausmus ("Ausmus"). Ausmus opposes the motion. Upon review of the record in this case, the...
MEMORANDUM-OPINION THOMAS H. FULTON , United States Bankruptcy Judge . THIS ADVERSARY PROCEEDING comes before the Court upon Plaintiff's Motion for Summary Judgment. Plaintiff seeks an Order from the Court concluding that Plaintiff's claim arising from a state court judgment against is non-dischargeable. Defendant objects and seeks an Order concluding that the debt is dischargeable. As discussed below, the Court concludes that Plaintiff is entitled to summary judgment as a matter of law....
Memorandum Opinion ALAN C. STOUT , United States Bankruptcy Judge . This case comes before the Court on the Motion for Summary Judgment filed by the Plaintiff, Jacqueline K. Richardson ("Richardson"). At issue is whether the debt owed to Richardson is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A). Upon review of the motion, the supporting documents, and the response filed by the Defendant, Christopher B. Caswell ("Caswell"), the Court concludes that the Motion for Summary...
