MEMORANDUM OPINION DENYING IN PART AND GRANTING IN PART BBSSI'S MOTIONS FOR SUMMARY JUDGMENT AGAINST A.T. SWITZER, APPLIED TECHNICAL SERVICES, INC., HARSCO CORP., METRO TILE CONTRACTORS AND WALTON CONSTRUCTION CO., AND DETERMINING THE VALIDITY, ENFORCEABILITY AND AMOUNT OF CERTAIN MECHANICS' LIENS DENNIS R. DOW, Bankruptcy Judge. This adversary comes before the Court on the Motion for Summary Judgment filed by defendant BB Syndication Services, Inc. ("BBSSI") against A.T. Switzer Company ("...
MEMORANDUM OPINION JERRY W. VENTERS, Bankruptcy Judge. On April 21, 2011, the Plaintiffs, Debtor Josephine Washington and Chester Parks filed a three-count complaint seeking: 1) a determination that the Defendant's asserted security interest in the Plaintiffs' residence is invalid; 2) the removal of the cloud on the title allegedly resulting from the Defendant's asserted interest in the property; and 3) the imposition of sanctions against the Defendant for alleged violations of the automatic...
ORDER DIRECTING JUDGMENT IN FAVOR OF GLENSTONE LODGE, INC. ON REMAND FROM THE EIGHTH CIRCUIT COURT OF APPEALS ARTHUR B. FEDERMAN, Bankruptcy Judge. This matter is before this Court on remand from the Eighth Circuit Court of Appeals. For the reasons that follow, Judgment will be entered in favor of Glenstone Lodge, Inc., and against Debtors Carole and Larry Treadwell on Glenstone Lodge's Counterclaim, in the amount of $50,851.52, plus interest, with such Judgment being nondischargeable as to...
MEMORANDUM OPINION DENNIS R. DOW, Bankruptcy Judge. These adversary proceedings are before the Court on the Trustee's Complaint to Avoid Preferential Transfers Pursuant to 11 U.S.C. 547. The Defendants assert an affirmative defense under 11 U.S.C. 547(c)(2). 1 The cases will be considered together because the facts underlying each matter are essentially the same, as is the issue. This Court has jurisdiction over these proceedings pursuant to 28 U.S.C. 1334(b), 157(a) and (b)(1). These...
MEMORANDUM ORDER JERRY W. VENTERS, Bankruptcy Judge Creditor Express Stops of Lee's Summit, Inc. ("Creditor") seeks relief from the automatic stay of 11 U.S.C. 362(a) to permit repossession of a 2001 Saturn vehicle bearing VIN 1G8ZK52741Z201416 (the "Property") rented to Leatha Ann Turner ("Debtor") pursuant to a lease agreement (the "Agreement"). Debtor denies leasing the Property and alleges that Creditor granted Debtor a security interest in the Property through a conditional sales...
MEMORANDUM OPINION DENNIS R. DOW, Bankruptcy Judge. Steven W. Davis, Terry L. Davis, and D & O Developments, LLC (collectively, the "Plaintiffs") filed a complaint seeking a determination that the debts owed to the Plaintiffs by Derril L. Olson and Marsha A. Olson (collectively, the "Debtors") are not dischargeable pursuant to 11 U.S.C. 523(a)(2), (4) and (6). This is a core proceeding under 28 U.S.C. 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. 1334(b), 157(...
MEMORANDUM OPINION ON MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT DENNIS R. DOW, Bankruptcy Judge. This adversary comes before the Court on the motion for summary judgment filed by the Trustee in Bankruptcy, Gary D. Barnes ("Plaintiff" or "Trustee") against defendant Karbank Holdings, LLC ("Karbank") and Karbank's cross-motion for summary judgment. The Trustee asserts entitlement to judgment as a matter of law based on the theory that Karbank received preferential transfers from JS & RB,...
