MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Debtor Robert Webb Digirolamo objects to Proof of Claim 5-1 filed by Stephen Binning. Binning alleges that the debtor is liable to him for over $300,000 resulting from the debtor's faulty application of stucco on his custom-built home. The debtor's objection to Binning's proof of claim is sustained. FACTS and PROCEDURAL HISTORY Stephen and Kristen Binning contracted with Jerry Boudinot Construction, L.L.C. ("Boudinot")...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Debtor Russell Wayne Babin has moved to avoid judgments in favor of Hancock/Whitney Bank 1 and Capital One Bank 2 and for an expedited hearing on those motions. Babin is not entitled to relief from this court on the two principal motions, which will be denied without prejudice. The motion for expedited hearing also will be denied as moot. Babin's motions as well as schedule A filed in his case indicated that he owned no immovable...
MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Defendant Trinity Industries, Inc. ("Trinity") is a successor to Gretna Machine & Iron Works ("Gretna"). Plaintiff Forrest Lewis, Jr. alleges that during his employment at Gretna between 1975 and 1976 he was exposed to asbestos, which led to his developing mesothelioma. Gretna and thirty-three related debtors filed chapter 11 petitions in the Southern District of Mississippi (collectively, the "FGH reorganization") 1 in...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Tower Credit claimed that Gwendolyn Hickerson's debt to it is nondischargeable under 11 U.S.C. 523(a)(2)(B) because she misled the lender on two loan applications. Ms. Hickerson failed to file Rule 26 disclosures or respond to Tower's Requests for Admission, and so is deemed to have admitted that she intended to deceive Tower in borrowing the money. Faced with that, she gamely contends that the debt still should be dischargeable...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Tower Credit sued debtor Frances Davis to except from discharge the debt Ms. Davis owes under 11 U.S.C. 523(a)(2)(B), which precludes discharge of a debt for money, property, services, or an extension, renewal, or refinancing of credit to the extent obtained by use of a statement in writing about the debtor's financial condition that is materially false. Ms. Davis responded that she did not lie on her credit application and, in the...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Debtors Deloris and Nateshus Jackson sought to buy a replacement vehicle using collision insurance proceeds for prepetition damage to a vehicle subject to the purchase money security interest of Neighbors Federal Credit Union. Neighbors objected to the motion, arguing that the debtors have no interest in the insurance proceeds. For the following reasons, the debtors' motion is denied. FACTS AND PROCEDURAL HISTORY A prepetition...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Chapter 7 trustee Martin Schott sued husband and wife co-debtors Louis Sirico and Lisa Loud to have their discharge denied under 11 U.S.C. 727(a)(4) for making false oaths or accounts based on omissions from their statement of financial affairs ("SOFA") and schedules. The trustee's original 1 and amended and supplemental 2 complaints alleged four omissions from the debtors' original or amended SOFA and schedules: (1) the sale of...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Plaintiff Southeast Property Holdings, LLC, ("SEPH") sued debtor Jeffrey Stephen Lawrence Green ("Green") to have a $41 million judgment debt declared nondischargeable. After narrowing issues for trial through summary judgment, 1 the court tried SEPH's sole remaining claim: that Green willfully and maliciously harmed SEPH when he had a family limited liability company, in violation of a federal district court's charging order,...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Plaintiff SE Property Holdings, LLC sued defendant Jeffery Stephen Lawrence Green to except a judgment debt from discharge. The court granted the defendant's motion for summary judgment on all but a single claim at a January 31, 2018 hearing. 1 Plaintiff timely filed a Rule 9023 Motion to Alter, Amend, or Vacate Partial Summary Judgment [P-55] but failed to set the motion for hearing as required by the district's Local Rules 2 until...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . The standing chapter 13 trustee has moved to dismiss 1 debtor Patricia A. Young's case for failure to complete plan payments. Specifically, the debtor failed to make thirty-nine post-petition mortgage payments, which the trustee learned only after the debtor had completed her payments to the trustee. The debtor responds that she is not in default of her post-petition mortgage obligation because she secured a mortgage modification...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Chapter 7 trustee Martin A. Schott sued 1 Dr. Charles P. Raborn to avoid as a fraudulent conveyance under 11 U.S.C. 548 the prepetition rescission of a transfer of stock resulting from a state court judgment. 2 The trustee seeks approval 3 under Fed. R. Bankr. P. 9019(a) of a compromise of that lawsuit as well as other claims between the estate and several other persons and entities. 4 The compromise serves the best interests of...
MEMORANDUM TO RECORD FOLLOWING TELEPHONE CONFERENCE DOUGLAS D. DODD , Bankruptcy Judge . On the court's initiative, a telephone conference was held Friday, February 17, 2017 to discuss the proposed orders on the debtor's cash collateral and post-petition financing motions. Participating were Douglas S. Draper, Attorney for the Debtor Clay J. LeGros, Attorney for Home Bank, N.A. Robert C. Gravolet, Attorney for the U.S. Trustee Because of a death in the family, counsel for the debtor only...
MEMORANDUM TO RECORD FOLLOWING TELEPHONE CONFERENCE DOUGLAS D. DODD , Bankruptcy Judge . At the request of the parties, the court held a telephone conference on Wednesday, November 30, 2016 at 2:00 p.m. to discuss the order (P-153) granting the motion to sell and redeem interests in the debtor (P-136). Participating were: Pamela G. Magee, Attorney for Debtor Trenton A. Grand, Attorney for Matthew S. Thomas Christopher M. Sylvia, Attorney for MidSouth Bank, N.A. Barry W. Miller, David S....
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . After Todd Janney and his wife Shannon filed a joint chapter 7 petition, Rebecca Adams ("Adams") and her eponymous limited liability company, Rebecca Adams LLC ("Adams LLC"), an accounting firm whose sole member is Rebecca Adams, sued debtor Todd T. Janney, Sr. ("Janney") to prevent his discharge under 11 U.S.C. 727(A)(3) and (5), or alternatively, to except its debt from discharge under 11 U.S.C. 523(a)(2)(A). 1 This opinion...
MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Plaintiff BBI Architectural Services ("BBI") sued Todd T. Janney, Sr. ("Janney") to have Janney's debt to it declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (B). This opinion explains why Janney's debt to BBI is nondischargeable pursuant to Bankruptcy Code 523(a)(2)(A). Facts BBI sued two companies Janney owned, Physician's Choice Physical Therapy, Inc. ("PCPT") and Physician's Choice Physical...
MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Tower Credit, Inc. ("Tower") contends that its claim against debtors Gregory and Amy Lathers is not dischargeable under 11 U.S.C. 523(a)(2)(A) and (B). The evidence established that the obligation is nondischargeable. Facts The Tower Loan Applications Gregory and Amy Lathers borrowed money from Tower in early 2013 to buy a 2002 GMC Yukon. 1 Both debtors signed the face of the two-page application and a companion...
MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Tower Credit, Inc. sued for a determination that its claim against debtors Martin and Ora Carter is not dischargeable under 11 U.S.C. 523(a)(2)(A) and (B). This memorandum opinion sets forth the reasons the obligation is nondischargeable. Facts The Tower Loan Application Martin and Ora Carter applied to Tower on September 7, 2010 to borrow $2,000 to pay for home improvements. 1 Both debtors signed the face of the...
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. Defendants Woodlands Development, L.L.C., Anthony Reginelli, Shawna Reginelli, Peter Steur and Lee Steur (collectively "Woodlands") moved the court to dismiss or to abstain from considering the amended complaint filed by plaintiffs Soundra Temple Johnson ("Johnson") and Johnson Property Group, L.L.C. ("JPG"), debtors in jointly-administered cases. 1 Woodlands seeks the same result as to defendant Regions Bank's ("Regions") cross claim....
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. William and Carolyn Carroll filed chapter 13 on May 21, 2008, but within three months had their case converted to a chapter 7 liquidation. RedPen Properties, L.L.C. ("RedPen"), a Louisiana limited liability company whose only members are Mr. and Mrs. Carroll, filed chapter 7 on July 2, 2008. Samera L. Abide, chapter 7 trustee for both bankruptcy estates, moved to substantively consolidate the two estates. The Carrolls alone oppose...
MEMORANDUM OPINION DOUGLAS D. DODD, Bankruptcy Judge. John Johnson sued debtor Melvin L. Hampton for a judgment declaring nondischargeable under 11 U.S.C. 523(a)(6) Hampton's debt to Johnson memorialized in a state court judgment for damages resulting from an automobile accident. The plaintiff did not prevail first, because he did not prove that the defendant willfully and maliciously caused his injuries; and second, because his theory of recovery in the state court proceeding estops him...
