MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge This matter came before the Court for an evidentiary hearing on the Objection of Creditor Branch Banking & Trust Company ("BB & T") to Confirmation of the Amended Chapter 12 Plan of the Debtor Tony Dian Perkins ("Debtor" or "Dian"). The Court considered the documentary evidence submitted by the parties, the testimony of the witnesses, Kenneth Andrew Perkins and Debtor and the comments of counsel for the parties. For the...
MEMORANDUM OPINION Alan C. Stout , United States Bankruptcy Judge This matter is before the Court after the conclusion of a trial on the merits of the cause of action brought by Plaintiff, Security Seed and Chemical, Inc. ("Security Seed"), against Defendants, Roger Daryl French and Dena G. French, under 11 U.S.C. 523 and the Defendants' Motion to Avoid Lien filed in the main bankruptcy case. In its complaint seeking a determination of nondischargeability, the Plaintiff also included...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Sanctions for Violation of the Automatic Stay filed by Debtor Natasha Parrish ("Debtor") against Creditor Army and Air Force Exchange Service ("Exchange"). The Court considered the Debtor's Motion, the Response of the Exchange and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will grant the Motion in part and deny the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court on the Motion to Dismiss Case filed by Creditor Mary D. Lockhart ("Creditor"). The Court considered the Creditor's Motion, the Response to the Motion filed by Debtor Phillip Wayne Lockhart ("Debtor"), the Reply to the Response filed by Creditor and the comments of counsel for both parties at the hearing held on the matter. For the following reasons, the Court will hold Creditor's Motion to Dismiss in...
MEMORANDUM Alan C. Stout , United States Bankruptcy Judge . This matter came before the Court for trial on August 16, 2016 and September 13, 2016. Both the Plaintiff, Harini Cardwell, and the Defendant, Albert M. Hester, appeared at trial and were represented by counsel. At the trial, the parties presented evidence, both written and documentary. Upon consideration of the evidence presented the Court enters the following Findings of Fact and Conclusions of Law pursuant to Fed. R. Bank. P....
MEMORANDUM-OPINION JOAN A. LLOYD , Banckruptcy Judge . This matter is before the Court on the Defendant/Debtor ("Debtor") Taylor Parker's Motion to Dismiss the Complaint filed by Plaintiffs Estate of Kenneth Gower, Annette G. Stroud, Donna Sircy, Pam Stewart and Marcy Wilkins. The Court considered the Debtor's Motion to Dismiss, the Response of the Plaintiffs, the Reply filed by Debtor, the comments of counsel at the hearing held on the matter and the Court's own research. For the...
MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge . This matter is before the Court on the Application Pursuant to 11 U.S.C. 327 and 328 and Bankruptcy Rule 2014(a) for an Order Authorizing Robert W. Keats, Chapter 7 Trustee to Employ Bingham, Greenebaum, Doll, LLP as Special Counsel, Nunc Pro Tunc, as of May 1, 2016 (hereinafter "the Application"). The Court considered the Application, the Objection to the Application filed by the United States Trustee, Charles R....
MEMORANDUM OPINION Alan C. Stout , United States Bankruptcy Judge . THIS MATTER comes before the Court on Plaintiffs' Motion for Summary Judgment. Plaintiffs Federal Insurance Company, as subrogee of Sam Swope Auto Group, LLC, and Swope Auto Company, LLC, d/b/a Toyota of Louisville ("Federal"), Sam Swope Auto Group, LLC, ("Sam Swope Auto"), and Swope Auto Company, LLC, d/b/a Toyota of Louisville ("Toyota of Louisville") (collectively "Plaintiffs"), filed this Motion for Summary Judgment...
MEMORANDUM-OPINION-ORDER JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court on the Motion to Terminate Automatic Stay and Abandonment Pursuant to Bankruptcy Rule 4001 regarding 10017 Wingfield Road, Louisville, KY 40291 filed by Interested Party Bardstown Capital Corporation ("BCC"). The Court considered BCC's Motion, the Objection to that Motion filed by Debtor, Cherrie Webb ("Debtor"), the Reply to that Objection filed by BCC, the comments of counsel made at the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Dismiss Adversary Proceeding filed by Debtor Andrew T. Hudson ("Debtor"). Debtor seeks dismissal of the adversary proceeding filed against him by the Plaintiff Wyeth Akeley ("Plaintiff"). The Court considered the Debtor's Motion and Supporting Memorandum of Law, the Plaintiff's Response and Opposition to Debtor's Motion to Dismiss and Plaintiff's Cross-Motion for Summary Judgment, the...
ORDER THOMAS H. FULTON , Bankruptcy Judge . Pursuant to the Memorandum-Opinion entered this date and incorporated herein by reference, and the Court being duly advised in the premises, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that there are no genuine issues of material fact, and Debtor is entitled to judgment as a matter of law as to the claims of Debtor against Defendant. Therefore, Debtor's Motion for Summary Judgment, be and hereby is, GRANTED , and THE CIRCUIT COURT JUDGMENT IS...
MEMORANDUM-OPINION THOMAS H. FULTON , Bankruptcy Judge . This matter comes before the Court on parties' cross-motions for summary judgment. Plaintiff Linda S. Isaacs ("Isaacs" or "Debtor") filed this adversary proceeding against Defendant DBI-ASG Coinvestor Fund III, LLC, ("DBI" or "Defendant") seeking to avoid a lien allegedly held by DBI as successor in interest to GMAC Mortgages ("GMAC" or "Creditor"). The parties have stipulated to the relevant facts but disagree as to the proper...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Objection of Debtors Brian W. Polly and Tracy L. Polly ("Debtors") to the Notice of Post-Petition Mortgage Fees, Expenses and Charges filed by Creditor Lakeview Loan Servicing, LLC ("Lakeview"). The Court considered the Objection of Debtors, the Response of Lakeview, the comments of counsel for the parties at the hearing held on the matter, the Affidavit filed in support of Lakeview's Response and...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Joint Motion of Trustee Gordon A. Rowe, Jr. ("Trustee") and Creditor James McCubbin ("Creditor") to Reconsider and Vacate Entry of Order of Discharge. The Court considered the Motion of the Trustee and Creditor, as well as the Objection to the Motion to Reconsider filed by Debtor Natalie Rowe ("Debtor"), the Reply of the Trustee and Creditor and the comments of counsel for the parties at the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Dismiss Case filed by the United States Trustee, Samuel K. Crocker ("Trustee"). The Trustee seeks the dismissal of the Chapter 12 case filed by Debtors Larry W. Williams and Sandra D. Williams ("Debtors") on the grounds that the Debtors are not eligible to be Debtors under Chapter 12 of the United States Bankruptcy Code. The Court considered the Trustee's Motion to Dismiss, the Debtors'...
MEMORANDUM OPINION JOAN A. LLOYD , United States Bankruptcy Judge . This matter comes before this Court on Plaintiffs' Motion for Summary Judgment. The Plaintiffs are Michael Irvin, Larry E. Rogers, Scott Hammond, Samuel J. Tarter, Jamie Rogers, David F. Smith, Rose Tarter, Joey Hoover, and Carla Grider (collectively, the "Plaintiffs"). They filed this Adversary Proceeding against Defendant/Debtor James S. Faller, II ("Debtor" or "Faller"), seeking a declaration that debts owed to them by...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court for an evidentiary hearing on the Objection to Amended Claim No. 9 of Creditor William R. Richards ("Creditor") filed by Debtors Paul F. Mik, Jr. and Lee Ann Mik ("Debtors"). The Court considered the Debtors' Objection, the Response to the Objections filed by Creditor, Pre-hearing filings of the parties, the testimony of the witnesses at the hearing, and the comments of counsel for the parties at the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion of the Oversight Committee ("Oversight Committee") to Enforce the Order Confirming Debtor's Third Amended Plan of Reorganization and the Debtor's Third Amended Plan of Reorganization by Prohibiting the Sale of Class 4-Equity Security Interests (Dkt. 512) ("Motion to Enforce Order Confirming Third Amended Plan") and the Motion of the Trustees of the Conco, Inc. ("Trustees") Employee Stock...
MEMORANDUM ALAN C. STOUT , Bankruptcy Judge . This matter came before the Court for trial on January 10, 2016. Both the Plaintiff, PHI Air Medical, L.L.C., and the Defendant, Jonathan Holskey, appeared at trial and were represented by counsel. At the trial, the parties presented evidence, both written and documentary. Upon consideration of the evidence presented the Court enters the following Findings of Fact and Conclusions of Law pursuant to Fed. R. Bank. P. 7052. FINDINGS OF FACT On...
MEMORANDUM OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Vacate Order Sustaining Objection to Claim No. 13 of Ditech Financial, LLC f/k/a Green Tree Servicing, LLC ("Green Tree" or "Creditor") regarding Debtor's Objection to Claim of GMAC Mortgage Corporation on behalf of Green Tree. The Court considered Green Tree's Motion, the Response of Debtor Zola A. Vernon ("Debtor"), the comments of counsel for the parties at the hearing held on the...
