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...
AMENDED AND RESTATED ORDER 1 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 the relief requested in Trustee's Complaint is DENIED; and IT IS FURTHER ORDERED THAT the relief requested in Defendants' Counterclaim is GRANTED and judgment is entered in favor of Defendants and against Trustee in that a constructive trust is...
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 the relief requested in Trustee's Complaint is DENIED; and IT IS FURTHER ORDERED THAT the relief requested in Defendants' Counterclaim is GRANTED and judgment is entered in favor of Defendants and against Trustee in that a constructive trust is imposed in favor of...
KATHY A. SURRATT-STATES , Chief United States Bankruptcy Judge . FINDINGS OF FACT AND CONCLUSIONS OF LAW The matter before the Court is Trustee's Complaint to Determine the Validity of Lien, Answer, Affirmative Defense, and Counterclaim Filed By The Burches, Trustee's Answer and Defenses to Counterclaim, Joint Exhibit List, Joint Witness List, Joint Stipulations of Fact for Use at Trial, Memorandum Filed by Jacob Burch and Stephanie Burch and Plaintiff's Trial Brief. A trial was held on...
