ORDER KATHY A. SURRATT-STATES , Chief Bankruptcy Judge . Upon consideration of the record as a whole, and consistent with the Findings of Fact and Conclusions of Law entered separately in this matter, IT IS ORDERED THAT Plaintiffs' Motion for Summary Judgment is GRANTED IN PART in that the attorney's fees Debtor owes pursuant to the Finding and Judgment of Modification, Judgment and Order on Family Access Motion and Judgment of Contempt are domestic support obligations and excepted...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Chief United States Bankruptcy Judge . The matters before the Court are Defendant's Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment, Plaintiffs' Motion for Summary Judgment and Plaintiffs' Memorandum of Law in Support of Motion for Summary Judgment, Joint Stipulated Facts, Response in Opposition to Plaintiff's [sic] Motion for Summary Judgment, Affidavit of Contravening Facts to...
AMENDED MEMORANDUM OPINION CHARLES E. RENDLEN, III , U.S. Bankruptcy Judge . Domestic disputes that end up in bankruptcy court rarely end up there consensually, without great frustration from all parties, or with any party having followed every rule and law exactly. The instant Adversary Proceeding is no different. This is one of those very difficult situations that the Bankruptcy Code explicitly sought to avoid by outlining what narrow domestic issues may continue in state court without...
MEMORANDUM OPINION CHARLES E. RENDLEN, III , Bankruptcy Judge . Domestic disputes that end up in bankruptcy court rarely end up there consensually, without great frustration from all parties, or with any party having followed every rule and law exactly. The instant Adversary Proceeding is no different. This is one of those very difficult situations that the Bankruptcy Code explicitly sought to avoid by outlining what narrow domestic issues may continue in state court without permission...
ORDER KATHY A. SURRATT-STATES , Bankruptcy Judge . The matter before the Court is GUC Liquidating Trustee's Eighth Omnibus Claims Objection (Books and Records), Creditor Nguyen's Response to GUC Liquidating Trustee's Eighth Omnibus Claims Objection (Books and Records) and Reply in Support of GUC Liquidating Trustee's Eighth Omnibus Claims Objection (Books and Records). An order was entered on September 4, 2018, which resolved some of claims objected to and the Court then took the objection...
ORDER KATHY A. SURRATT-STATES , Bankruptcy Judge . Upon consideration of the record as a whole, and consistent with the Findings of Fact and Conclusions of Law entered separately in this matter, IT IS ORDERED THAT Defendant's Motion for Summary Judgment is GRANTED and the judgment on this Complaint is entered in favor of Defendant City of Ferguson and against Teresa Cedreca Edwards, Debtor; and IT IS FURTHER ORDERED THAT Plaintiff's Motion for Summary Judgment is DENIED ; and this...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Bankruptcy Judge . The matters before the Court are Plaintiff's Motion for Summary Judgment, Plaintiff's Brief in Support of the Motion for Summary Judgment and Exhibits including Teresa Cedreca Edwards' Affidavit in Support of Motion for Summary Judgment, Plaintiff's Statement of Material Facts, Defendant City of Ferguson's Motion for Summary Judgment, Defendant City of Ferguson's Memorandum in Support of its Motion for...
ORDER KATHY A. SURRATT-STATES , Bankruptcy Judge . The matters before the Court are Notice of Hearing and Trustee's Motion for Order Directing Upright Law to Disgorge Attorney Fees and Directing that the Trustee Pay Attorney Fees to Michael Doyel, Response to Trustee's Motion for Order Directing Upright Law to Disgorge Attorney Fees and Directing that the Trustee Pay Attorney Fees to Michael Doyel, Joint Stipulation of Facts in Consolidated Cases, Summary of Trustee's Legal Position in...
ORDER KATHY A. SURRATT-STATES , Chief Bankruptcy Judge . Upon consideration of the record as a whole and consistent with the Findings of Fact and Conclusions of Law entered separately in this matter, IT IS ORDERED THAT Plaintiff's Motion for Summary Judgment is GRANTED; and the judgment on the Complaint is entered in favor of Plaintiff and against Sarah E. Evans, Debtor in that the debt owed by Debtor to the Social Security Administration in the amount of $35,567.69 is...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Chief United States Bankruptcy Judge. The matter before the Court is Plaintiff's Motion for Summary Judgment with Supporting Facts, Plaintiff's Memorandum of Law in Support of its Motion for Summary Judgment along with Declaration of Austin McDowell with exhibits, Defendant's Response to Motion for Summary Judgment and Plaintiff's Reply to Debtor/Defendant's Response to Plaintiff's Motion for Summary Judgment. The matter...
ORDER KATHY A. SURRATT-STATES , Chief Bankruptcy Judge . The matter before the Court is Plaintiff's Adversary Complaint to Dischargability of Debtor Pursuant to 11 U.S.C. 523(a)(5) and 11 U.S.C. 523(a)(15). For the reasons set forth in this Court's Findings of Fact and Conclusions of Law entered separately, IT IS ORDERED THAT the relief requested in Plaintiff's Complaint is GRANTED IN PART in that Plaintiff's request to deny dischargability is GRANTED and judgment is entered in...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Chief United States Bankruptcy Judge . The matter before the Court is Plaintiff's Adversary Complaint to Dischargeability of Debtor Pursuant to 11 U.S.C. 523(a)(5) and 11 U.S.C. 523(a)(15), Debtor/Defendant's Answer and Affirmative Defenses to Plaintiff's Complaint Objecting to Dischargeability of Debt, Joint Stipulation of Facts and Exhibits, and Trial Brief of Plaintiff, and Defendant's Trial Brief. A trial was held on...
ORDER KATHY A. SURRATT-STATES , Bankruptcy Judge . The matter before the Court is Plaintiff's Second Amended Complaint. For the reasons set forth in this Court's Findings of Fact and Conclusions of Law entered separately, IT IS ORDERED THAT the relief requested in Plaintiff's Second Amended Complaint is DENIED in that Plaintiff's request to deny dischargeability pursuant to Section 523(a)(2((A) is DENIED and judgment is entered in favor of Debtor/Defendant Jason Miltenberger and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Chief United States Bankruptcy Judge . The matter before the Court is Plaintiff's Second Amended Complaint, Answer to Second Amended Complaint of Plaintiff Phillips 66 Company, Defendant's Trial Brief, Phillips 66 Company's Trial Brief, Joint Statement of Stipulated Facts, and Phillips 66 Company's Post-Trial Brief on Assignment of Guaranty. A trial was held on October 18, 2016, at which Plaintiff appeared by counsel and...
MEMORANDUM OPINION Barry S. Schermer , United States Bankruptcy Judge . On December 5, 2017, I held a hearing on the motions to file proofs of claims after the deadline filed by: Shanen Givone; Kayla White; Rose Ann McClary; Matthew Raymond Derrick; Ashley Stanley; Debbie Dry; Kathleen Lacey; Kimberly Garcia; Tyler Mills; Karen Riley; Leisha R. Holden; The Late Peggy Anne Rentfro; Floyd Woolever; Patsy S. Barbee; Steven M. Barbee; and Max Humphrey (Joplin Parties). In connection with the...
MEMORANDUM OPINION BARRY S. SCHERMER , Bankruptcy Judge . This matter comes before me on the motion of Reorganized Peabody Energy Corporation (PEC) 1 requesting that I enter an order enforcing the discharge and injunction provisions set forth in the Debtors' Chapter 11 plan and confirmation order in respect to three complaints filed in California state courts. Specifically, PEC asks that I enter an order enjoining the Plaintiffs (defined below) from prosecuting their causes of action...
MEMORANDUM OPINION REGARDING THE DMS CLAIM BARRY S. SCHERMER , Bankruptcy Judge . This contested matter came before the Court at an August 31, 2017 evidentiary hearing regarding Reorganized Peabody Energy Corporation (" Reorganized PEC ") and certain of its direct and indirect subsidiaries', as reorganized debtors and debtors in possession (collectively, the " Reorganized Debtors "), Sixteenth Omnibus Objection to Certain Claims (Zero Liability Claims) (the " Objection ") [Docket No....
MEMORANDUM OPINION AND ORDER [Related to Doc. No. 15] CHARLES E. RENDLEN, III , Bankruptcy Judge . On August 24, 2016, SKMVD Holdings Inc. ("SKMVD"), a prepetition judgment creditor of Green Jacobson, P.C., the Debtor, filed a Motion to Lift Suspension Order and Disburse Funds (the "Motion to Disburse") [Doc. No. 15]. 1 In the Motion to Disburse, SKMVD requested that $2,558,240.02 in insurance policy proceeds (the "Policy Proceeds") currently being held in the Court's registry be...
ORDER KATHY A. SURRATT-STATES , Bankruptcy Judge . Upon consideration of the record as a whole, and consistent with the Findings of Fact and Conclusions of Law entered separately in this matter, IT IS ORDERED THAT judgment on the Complaint is entered in favor of Plaintiff Housing Authority of St. Louis County and against Debtor/Defendant Trish Reed in that the debt for excess rental assistance in the amount of $8,694.00 is excepted from discharge pursuant to Section 523(a)(B); and this...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES , Bankruptcy Judge . The matter before the Court is Housing Authority of St. Louis County's Complaint Objecting to Discharge of Debtor and Debtor's Answer to Housing Authority's Complaint Objecting to Discharge of Debtor. A trial was held on December 13, 2016, at which Plaintiff appeared by counsel and Debtor appeared pro se. The parties presented oral argument and testimony. Upon consideration of the record as a whole, the...
