ORDER THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before this Court is the Debtor's Amended Objection to Notice of Postpetition Mortgage Fees, Expenses and Charges filed by Bank of New York Mellon (the "Bank" or "Creditor"). This is a core proceeding under 28 U.S.C. 157(b)(2)(B) over which the Court has jurisdiction pursuant to 28 U.S.C. 1334(b), 157(a) and (b)(1). For the reasons set forth below, the Debtor's Objection is overruled in part and sustained in part....
REPORT AND RECOMMENDATION TO THE DISTRICT COURT ON DEFENDANTS' MOTIONS TO WITHDRAW THE REFERENCE CYNTHIA A. NORTON , Chief Bankruptcy Judge . At the heart of this matter is which court — bankruptcy or district — should decide whether the debtors' bankruptcy attorneys violated bankruptcy code provisions and applicable bankruptcy and ethical rules and should be sanctioned. The defendant attorney and his law firm argue that the bankruptcy court lacks jurisdiction and authority to decide...
MEMORANDUM OPINION Chief Judge Cynthia A. Norton . Plaintiff Global Control Systems, Inc. employed Debtor/Defendant Derek Luebbert. The terms of the employment required Mr. Luebbert to neither solicit Global's customers, nor compete with Global's business while employed, and for three years and within a certain radius of Global's office thereafter. Mr. Luebbert, while employed at Global, violated the agreement by soliciting and receiving work from a Global customer. After Mr. Luebbert...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . This adversary proceeding comes before the Court on the Motion for Partial Summary Judgment filed by the Chapter 11 Trustee (the "Trustee's Summary Judgment Motion") and the Counter-Motion for Partial Summary Judgment filed by Gregory D. Williams ("Williams' Summary Judgment Motion"). The Plaintiff seeks a declaratory judgment to determine the extent, validity, and priority of several judgment liens, claims and interests in the real...
ORDER DENYING DEBTOR'S MOTION TO RECONSIDER ORDER EXTENDING INSTALLMENT PAYMENTS CYNTHIA A. NORTON , Bankruptcy Judge . The Debtor Jeannette Elaine Curran moves the court for an order "reconsidering" the court's order of June 22, 2018. The court's June 22 order vacated the court's earlier order to Ms. Curran to show cause why her case should not be dismissed for her failure to pay the third installment of the court filing fee. The order also extended the time for paying the remaining...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Before this Court is the Motion for Summary Judgment (the "Motion") filed by State of Kansas, ex rel., Lana Gordon, Secretary of Labor (the "Plaintiff" or "KDOL)) against Joshua Irvin Stock (the "Defendant" or "Debtor"). The Plaintiff initiated the adversary proceeding seeking a determination that damages found owed to it for overpayment of unemployment benefits in a prior administrative action be deemed nondischargeable pursuant to...
MEMORANDUM OPINION THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before this Court is the Motion to Confirm Homestead Exemption and Transfer Exemption Funds from Funds from the Sale of the Homestead to Defendants (the "Motion") filed by Bruce Cole and Nanette Cole (collectively, the "Coles"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334(b) and 157(a) and (b). This is a core proceeding which this Court may hear and determine pursuant to 28 U.S....
MEMORANDUM OPINION AND ORDER GRANTING MOTIONS COMPELLING DEBTOR'S COUNSEL TO DISGORGE FEES AND EXPENSES CYNTHIA A. NORTON , Chief Bankruptcy Judge . The United States Trustee and the United States of America on behalf of the IRS filed motions to compel attorneys Neil Sader, Christopher Cusack, and the Sader Law Firm (collectively, "SLF") to disgorge fees and expenses paid to them in connection with the filing of this chapter 11 bankruptcy case. Specifically, the UST and the USA allege that...
MEMORANDUM OPINION HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the Order Granting Joint Motion to Establish Administrative Procedures for Determination of Validity, Priority and Extent of Liens in Sales Proceeds. For all the reasons set forth below, the Court finds that Bancorpsouth Bank ("BCS") holds a first priority security interest in the non-office equipment and inventory of 8760 Service Group, LLC and a first priority security...
MEMORANDUM OPINION HONORABLE BRIAN T. FENIMORE , United States Bankruptcy Judge . The court must determine whether Debtors Wallace and Deborah Shields may exempt under Mo. Rev. Stat. 513.430.1(10)(e) (2016) ("(10)(e)") some or all of the payments Wallace receives from his former employer Southwest Missouri Bank ("SMB") pursuant to a Supplemental Executive Retirement Plan ("SERP"). Because the Shieldses still owe SMB on three loans, the court must also determine whether SMB has a right...
MEMORANDUM OPINION DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Complaint to Determine Dischargeability of a Debt filed by Debtor Annette Betancourt (the "Debtor") against the United States of America, Department of the Treasury, Internal Revenue Service (the "IRS") seeking a determination that a certain obligation related to a first-time homebuyer credit is a dischargeable general unsecured debt because it does not meet any of the exceptions to discharge set...
MEMORANDUM OPINION BRIAN T. FENIMORE , Bankruptcy Judge . Debtor William Dayton received a distribution from an inter vivos spendthrift trust after the settlor died within 180 days after the petition date. Chapter 7 Trustee Patricia Brown contends the distribution constitutes property of William's bankruptcy estate, arguing that it qualifies as a "bequest, devise, or inheritance" within the meaning of 541(a)(5)(A), and seeks an order compelling William to turn over the distribution....
