MEMORANDUM OPINION ON COMPLAINT FOR DECLARATORY JUDGMENT WITH RESPECT TO DISPUTED LIQUIDATED DAMAGES CLAIMS AND RELATED OBJECTIONS TO PROOFS OF CLAIM NOS. 101, 102, 103, 104, 108 AND 115 FILED BY U.S. BANK NATIONAL ASSOCIATION PURSUANT TO BANKRUPTCY RULE 3007 AND COUNTERCLAIMS NEIL P. OLACK, Bankruptcy Judge. There came on for trial on March 16-19, 2010 (the "Adversary Trial"), in the above-styled adversary proceeding (the "Adversary"), the Complaint for Declaratory Judgment with Respect to...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART THE DEBTOR'S MOTION FOR GRANT OF DISCHARGE AND FOR ENTRY OF FINAL DECREE CLOSING CASE. NEIL P. OLACK, Bankruptcy Judge. On April 8, 2010, there came for hearing (the "Hearing") the Motion for Grant of Discharge and for Entry of Final Decree Closing Case ("Motion") (Dkt. No. 194) filed by Russell Raymond Necaise, Jr. ("the Debtor"); the Objection to Motion for Granting of Discharge ("Hancock Bank Objection") (Dkt. No. 198)...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE TRUSTEE'S OBJECTION TO CLAIM OF MICHAEL KOPSZYWA EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Objection to Claim filed by the Chapter 7 Trustee, H.S. Stanley, Jr. (Trustee), 1 the Creditor's Response to Objection to Claim filed by Michael Kopszywa (Kopszywa), and the Objection to Proof of Claim and Joinder in Trustee's Objection (Joinder) filed by the Debtor, Gulfport Pilots Association, Inc., and by...