OPINION AND ORDER GRANTING MOTION TO COMPEL ARBITRATION KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for hearing on the Motion to Dismiss or, Alternatively, to Compel Arbitration and Stay or Dismiss the Case, ECF No. 17, by Defendants Global Client Solutions LLC ("Global") and Global Holdings LLC, with Response by Plaintiff and chapter 7 Trustee Kimberly R. Lentz, ECF No. 24. As to Global, 1 the Complaint pleads three counts within the bankruptcy court's core jurisdiction:...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT Judge Neil P. Olack , United States Bankruptcy Judge . There came on for consideration the Defendant's Motion for Summary Judgment and Memorandum in Support (the "Summary Judgment Motion") (Adv. Dkt. 20) 1 filed by Terra Leigh Webb (the "Debtor"); Baptist Memorial Health Care Corporation's Response in Opposition to Defendant's Motion for Summary Judgment and Memorandum in Support (the...
MEMORANDUM OPINION AND ORDER GRANTING THE LIQUIDATING TRUSTEE'S MOTION TO ENFORCE: (I) ASSET PURCHASE AGREEMENT BETWEEN PIONEER HEALTH SERVICES, INC., MEDICOMP, INC., AND ENDURACARE ACUTE CARE SERVICES, LLC; AND (II) ORDER CONFIRMING JOINT LIQUIDATING CHAPTER 11 PLAN [DOCKET NO. 2919] AS AMENDED AND MODIFIED NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for a combined status conference and hearing on January 7, 2020 (the "Hearing") on The Liquidating Trustee's...
MEMORANDUM OPINION AND ORDER OVERRULING TRUSTEE'S OBJECTION TO CONFIRMATION Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on December 16, 2019 (the "Hearing"), on the Trustee's Objection to Confirmation (the "Objection") (Dkt. 17) filed by James L. Henley, Jr., the duly appointed standing chapter 13 trustee (the "Trustee") in the above-referenced bankruptcy case. At the Hearing, Tylvester O. Goss represented the Trustee and Thomas C....
MEMORANDUM OPINION AND ORDER ON: (1) MOTION TO DISMISS; (2) MOTION TO REQUEST TO AMEND COMPLAINT; (3) REQUEST FOR MOTION AMEND ADVERSARY COMPLAINT; (4) MOTION TO REQUEST SHOW CAUSE; (5) MOTON TO SHOW CAUSE (2015 TAX AND UNLAWFUL COLLECTION); AND (6) REQUEST FOR MOTION TO REOPEN BANKRUPTCY NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on January 17, 2020 (the "Hearing") on the Motion to Dismiss (the "Current Motion to Dismiss") (Current Adv. Dkt. 15) 1...
OPINION HOLDING STUDENT LOAN DEBT NONDISCHARGEABLE KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for trial on the Complaint to Determine Dischargeability of Student Loan Pursuant to 11 U.S.C. 523(a)(8), ECF No. 1, 2 by chapter 7 Debtor Altemice M. Lewis. The United States Department of Education having been dismissed and American Student Assistance having transferred its interest in the promissory note to Educational Credit Management Corporation ("ECMC"), ECMC is the...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY GREAT SOUTHERN INVESTMENTS, INC. NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on January 8, 2020 (the "Hearing"), on the Motion for Relief from the Automatic Stay Filed by Great Southern Investments, Inc. (the "Stay Motion") (Dkt. 60) filed by Great Southern Investments, Inc. (the "Creditor") 1 and the Answer to Motion for Relief from Automatic Stay Filed by Great...
MEMORANDUM OPINION AND ORDER ON COMPLAINT OBJECTING TO DISCHARGE AND TO DETERMINE DISCHARGEABILITY OF DEBT Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for trial on November 6, 2019 (the "Trial"), on the Complaint Objecting to Discharge and to Determine Dischargeability of Debt (the "Complaint") (Adv. Dkt. 1) 1 filed by Beher Holdings Trust (the "BHT") and the Answer and Defenses to Complaint Objecting to Discharge and to Determine...
MEMORANDUM OPINION AND ORDER REGARDING OBJECTION TO CONFIRMATION NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on October 18, 2019 (the "Hearing"), on the Objection to Confirmation (the "Claim #9 Objection") (Dkt. 20) filed by U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust,...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO SELL PROPERTY FREE AND CLEAR OF LIENS, INTEREST, ENCUMBRANCES AND CLAIMS—CHURCH ROAD PROPERTY NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on October 8, 2019 (the "Hearing"), on the Motion to Sell Property Free and Clear of Liens, Interest, Encumbrances and Claims — Church Road Property (the "Motion for Sale") (Dkt. 786) 1 filed by Derek A. Henderson, the chapter 7 trustee (the "Trustee") for the VCR I,...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court on the Order issued by Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi, Northern Division (the "District Court") in Origin Bank, formerly known as Community Trust Bank v. Mitchell Chad Barrett, No. 3:17-cv-00920-CWR-LRA (S.D. Miss. June 11, 2019) (the "Referral Order") (Adv. Dkt. 1), 1...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS ADVERSARY PROCEEDING AND SEVERING THE CONSOLIDATED CLAIM LITIGATION FROM THE ADVERSARY PROCEEDING Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on August 27, 2019 (the "Hearing"), on the Defendants' Motion to Dismiss Adversary Proceeding (the "Motion to Dismiss") (Adv. Dkt. 28) 1 filed by Cindy L. Winstead ("Cindy Winstead"), Phillip Q Winstead (together with Cindy...
ORDER GRANTING TURNOVER OF VEHICLE AND EXTENDING AUTOMATIC STAY Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on September 9, 2019 (the "Hearing") on the Complaint for Turnover of Property, Contempt and For Violations of the Automatic Stay (the "Complaint") (Adv. Dkt. No. 1) 1 filed by Ebony Nicole Stewart (the "Debtor") in the Adversary; the Response and Answer to Complaint for Turnover of Property, Contempt and For Violation of...
MEMORANDUM OPINION AND ORDER OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on August 26, 2019 (the "Hearing"), on the Trustee's Objection to Debtor's Claim of Exemptions (the "Objection") (Dkt. 24) filed by James L. Henley, Jr., the duly appointed standing chapter 13 trustee (the "Trustee"), in the above-referenced bankruptcy case. At the Hearing, Tylvester O. Goss...
OPINION AND ORDER DENYING RELIEF FROM STAY KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for hearing on the Motion for Relief from Automatic Stay by creditor Bank of New York Mellon Trust Company N.A. as Trustee for Mortgage Assets Management Series 1 Trust ("Bank"), ECF No. 15, with response in opposition by debtor Lewis M. Winstead, ECF No. 23. The Bank requests relief as to the real property at 2504 Hardy Parker Road, Moss Point, Mississippi 39562 ("Property"). This...
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BY HANOVER AND DENYING MOTION FOR SUMMARY JUDGMENT BY THE FIRST KATHARINE M. SAMSON , Bankruptcy Judge . This matter is before the Court on cross-motions for summary judgment by Third-Party Plaintiff Hanover Insurance Company ("Hanover"), ECF No. 34, and Third-Party Defendant The First, a national banking association ("The First"), ECF No. 42. 1 Each party asserts entitlement to funds ("Disputed Funds") currently held in part by...
MEMORANDUM OPINION AND ORDER ON COMPLAINT NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court 1 for hearing on May 1-2, 2019 (the "Trial"), on the Complaint Objecting to Discharge of a Particular Debt ("the Complaint") (Adv. Dkt. 1) 2 filed by Dreux Seghers ("Seghers"); the Debtor's Answer to Complaint Objecting to Discharge of a Particular Debt ("the Answer") (Adv. Dkt. 7) filed by R. Lance Johansen ("Johansen"); the Memorandum Brief in Support of Exception to...
MEMORANDUM OPINION AND ORDER ON COMPLAINT OBJECTING TO DISCHARGE NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for trial on May 30, 2019 (the "Trial"), on the Complaint Objecting to Discharge (the "Complaint") (Adv. Dkt. 1) 1 filed by the chapter 7 trustee, Stephen Smith (the "Trustee"), and the Defendant's Answer to Trustee's Objection to Discharge (the "Answer") (Adv. Dkt. 7) filed by the debtor, Tracy Lynn Nichols (the "Debtor"), in the Adversary. The Court...
MEMORANDUM OPINION AND ORDER ON INVOLUNTARY PETITION AGAINST A NON-INDIVIDUAL; ON-SITE FUEL SERVICE, INC.'S ANSWER TO INVOLUNTARY PETITION FOR BANKRUPTCY AND COUNTERCLAIM UNDER 11 U.S.C. 303(i); ANSWER AND AFFIRMATIVE DEFENSES OF PETITIONING CREDITORS TO COUNTERCLAIM UNDER 11 U.S.C. 303(i); AND OBJECTIONS TO COUNTER-DESIGNATIONS OF DEPOSITION EXCERPTS FILED BY PETITIONING CREDITORS AS TO CERTAIN JOINING CREDITORS AND JARED PRENTISS [DKT. NOS. 132-140] NEIL P. OLACK , Bankruptcy Judge ....
OPINION AND ORDER DENYING MOTION TO REOPEN Judge Katharine M. Samson , United States Bankruptcy Judge . This matter came on for hearing on the motion to reopen the chapter 11 cases of Friede Goldman Halter Inc. ("FGH") and an unspecified number of thirty-one affiliated companies (collectively with FGH, "Debtors"), ECF No. 8046, 1 under 11 U.S.C. 105(a) and 350(b) and Rule 5010 of the Federal Rules of Bankruptcy Procedure. This proceeding is within the bankruptcy court's core...
