MEMORANDUM OPINION BARRY S. SCHERMER, Bankruptcy Judge. The issue before me is whether, and to what extent, the judicial lien of J&M Securities, LLC ("J&M") impairs the exemption of Patricia Anne Moore ("Moore") in her residence. The essential facts of this case are not in controversy. Upon careful consideration and based on the record and arguments made at the hearing, I make the following findings of fact and conclusions of law. BACKGROUND On September 6, 2011, Moore filed a voluntary...
ORDER KATHY A. SURRATT-STATES, Bankruptcy Judge. The matter before the Court is Plaintiffs' Motion for Summary Judgment, Plaintiffs' Memorandum in Support of Motion for Summary Judgment, Defendant's Suggestions in Opposition to Plaintiffs' Motion for Summary Judgment and Memorandum in Support and Plaintiffs' Reply in Support of Plaintiffs' Motion for Summary Judgment. Upon consideration of the record as a whole, the Court issues the following FINDINGS OF FACT: Plaintiffs Sailor Music,...
ORDER OVERRULING THE OBJECTION TO CONFIRMATION OF THE PLAN AND MEMORANDUM OPINION IN SUPPORT OF CONFIRMATION CHARLES E. RENDLEN, Bankruptcy Judge. On June 5, 2012, the Official Committee of Unsecured Creditors (the "UCC") filed a First Amended Plan of Liquidation (the "First Amended Plan") [Docket No. 1097] and a First Amended Disclosure Statement [Docket No. 1098]. On July 3, 2012, the UCC filed a supplement to the First Amended Plan [Docket No. 1129]. On July 9, 2012, three creditors,...
MEMORANDUM OPINION BARRY S. SCHERMER, Chief Bankruptcy Judge. This matter comes before this Court on remand from the Bankruptcy Appellate Panel for the Eighth Circuit (the "BAP") on the complaint of Larry M. Bauer and Cheryl L. Bauer (the "Bauers"), seeking to except debt allegedly owed to them by James Joseph Gilmartin from Mr. Gilmartin's discharge pursuant to section 523(a)(2)(A) of Title 11 of the United States Code (the "Bankruptcy Code"). Based upon the findings and conclusions set...
FINDINGS OF FACT AND CONCLUSIONS OF LAW KATHY A. SURRATT-STATES, Bankruptcy Judge. The matter before the Court is Creditors Steve Conway and LorCon LLC # 1's Complaint for Determination Excepting Debt from Dischargeability-Transaction Induced by Fraud [11 U.S.C.A. 523(a)(2)(A); Fed. R. Bankr.P. 4007], Answer, Plaintiffs' Trial Brief, Debtor's Trial Brief and Joint Stipulation of Uncontested Facts. A trial was held on the matter on September 27, 2011 at which Plaintiff Steve Conway appeared...
