MEMORANDUM OPINION DENNIS R. DOW, Bankruptcy Judge. This adversary proceeding comes before the Court on the Motion for Partial Summary Judgment ("Motion") filed by plaintiff Trilogy Development Company, LLC ("Debtor" or "Trilogy") against defendant J.E. Dunn ("Defendant" or "Dunn"). Trilogy seeks judgment as a matter of law that Dunn does not have a valid mechanic's lien against property of the bankruptcy estate and that the claim of Dunn against the estate is unsecured. This is a core...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DENNIS R. DOW, Bankruptcy Judge. This adversary comes before the Court on the motion for summary judgment filed by the plaintiff The Callaway Bank ("Plaintiff" or "Callaway") against Kevin Asbury ("Kevin") and Yvette Asbury ("Yvette") or collectively ("Debtors"). Callaway seeks judgment as a matter of law upon each of the claims for relief and causes of action asserted against Kevin and Yvette in its Complaint....
MEMORANDUM OPINION JERRY W. VENTERS, Bankruptcy Judge. This revocation of discharge proceeding presents one of the more blatant cases of lying, deception and fraudulent conduct to come before the Court in years. In the eyes of the Chapter 7 panel trustee, it is the most egregious case of deception he has seen in his more than 20 years as a panel trustee. The evidence adduced at the trial on the United States Trustee's ("UST") complaint under 11 U.S.C. 727(d)(1) and (d)(2) confirmed these...