Chapter 7 MEMORANDUM OPINION Jason D. Woodard , United States Bankruptcy Judge This adversary proceeding came before the Court after a three-day bench trial on the Complaint for Judgment and to Except from Discharge (the "Complaint")(A.P. Dkt.# 1) filed by Interstate Plywood Co., LLC ("IPC") and George R. Winfield ("Winfield") (together, the "Plaintiffs"), against defendant Louise Renee Blankenship (the "Debtor"), requesting that certain debts owed to the Plaintiffs by the Debtor be...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (A.P. DKT. # 24) Judge Jason D. Woodard , United States Bankruptcy Judge . This adversary proceeding is before the Court on the Motion for Summary Judgment (the "Motion")(A.P.Dkt.# 24) filed by Hampton Company National Surety, LLC and Hampton Gardner (together, the "Defendant"). The plaintiff-debtor, Edwin Stewart (the "Plaintiff"), brings this adversary proceeding against the Defendant alleging a violation...
ORDER APPROVING SUSPENSION OF CHAPTER 13 PLAN PAYMENTS JASON D. WOODARD , Bankruptcy Judge . THIS CAUSE having come before the Court for consideration of the Motion of the Debtors requesting that the plan payments to the Trustee be suspended for a period of one (1) month, and no responses having been filed after notice to all creditors and parties in interest, and the Court having considered the Motion is of the opinion that the Motion should be granted. IT IS THEREFORE ORDERED AND...
OPINION ON MOTION TO DISMISS ADVERSARY COMPLAINT EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on Thursday, October 22, 2015, at 1:30 P.M. on the oral arguments on the Motion to Dismiss Adversary Complaint (Adv. Dkt. #6) filed by Wells Fargo Home Mortgage Company. Having considered same, the Court finds that the Motion to Dismiss Adversary Complaint (Adv. Dkt. #6) is well-taken and should be granted. FINDINGS OF FACT 1 Guy Arnold Leonard owns a home in...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO MODIFY CONFIRMED PLAN (DKT. #60) Jason D. Woodard , United States Bankruptcy Judge . This case is before the Court on the Motion and Notice to Modify Confirmed Plan (the "Motion")(Dkt. # 60) filed by debtors Sammy and Melinda Anderson (the "Debtors") in the above-styled case. In the Motion, the Debtors propose to modify their confirmed plan by surrendering a vehicle to Canon Motor Company (the "Creditor") and ceasing payments to the...
MEMORANDUM OPINION AND ORDER Judge Jason D. Woodard , United States Bankruptcy Judge . This matter comes before the Court on the Motion to Dismiss Adversary Proceeding and Brief in Support of the Motion to Dismiss (collectively, the "Motion")(A.P.Dkt.# 4, 10), 1 filed in the above-styled adversary proceeding by defendant Quantum3 Group (the "Defendant"). The debtor-plaintiff Karen L. Martin (the "Plaintiff) filed a Response to Motion to Dismiss with an accompanying Brief in Support...
MEMORANDUM OPINION AND ORDER GRANTING TRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on August 13, 2015 (the "Hearing") on the Trustee's Motion to Modify Confirmed Plan (the "Motion to Modify") (Dkt.146) filed by Locke D. Barkley, the chapter 13 trustee (the "Trustee"), and the proposed Agreed Order Re: Motion to Modify (Dkt.# 146) (the "Agreed Order") (Dkt.159) submitted by the Trustee in the...
MEMORANDUM OPINION AND ORDER Judge Jason D. Woodard , United States Bankruptcy Judge . This matter comes before the Court on the Order to Show Cause (the "Show Cause Order") (Dkt. # 35), entered on May 14, 2015, in this now-dismissed chapter 13 bankruptcy case of Jackey L. Dobbs (the "Debtor"). As stated in the Show Cause Order, the issues discussed herein first came to the Court's attention after a review of the Chapter 13 Voluntary Petition (the "2015 Petition")(Case No. 15-11096;...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO COMPEL AND REQUIRING THE DEBTORS TO AMEND THEIR SCHEDULE C — PROPERTY CLAIMED AS EXEMPT Judge Neil P. Olack , United States Bankruptcy Judge This matter came before the Court for hearing on May 14, 2015 (the "Hearing") on the Motion to Compel (the "Motion to Compel") (Dkt. 42) filed by Locke D. Barkley, the standing chapter 13 trustee (the "Trustee"), and the Objection to Motion to Compel (the "Response") 1 (Dkt. 48) filed by the debtor,...
MEMORANDUM OPINION AND ORDER ON COMPLAINT (ADVERSARY PROCEEDING) Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for trial on December 18, 2014 (the "Trial") on the Complaint (Adversary Proceeding) (the "Complaint") (Adv. Dkt. 1) 1 filed by Calvin Jerome Thomas ("Thomas") and the Answer (Adversary Proceeding) (the "Answer") (Adv. Dkt. 4) filed by Kansera J. Rice ("K. Rice") in the Adversary. K. Rice also filed the Defendant's Motion in Limine (...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS OR TO ABSTAIN (A.P. DKT. # 4) Jason D. Woodard , United States Bankruptcy Judge . This adversary proceeding is before the Court on the Motion to Dismiss or to Abstain (the "Motion") filed by defendant Mississippi Department of Revenue ("MDOR")(A.P. Dkt.# 4) 1 and MDOR's Memorandum Brief in Support of the Motion (A.P.Dkt.# 5). The debtor-plaintiff Sarfani, Inc. ("Sarfani") filed a Response in Opposition to Defendant'...
