MEMORANDUM OPINION ON UNITED STATES TRUSTEE'S MOTION TO DISMISS PURSUANT TO 11 U.S.C. 707(b) EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the United States Trustee's Motion to Dismiss Pursuant to 11 U.S.C. 707(b) (Dkt. #28) and the Debtor's Response to United States Trustee's Motion to Dismiss Pursuant to 11 U.S.C. 707(b) (Dkt. #35). Having considered the motion, response, briefs and the evidence presented at the trial, the Court finds that the...
MEMORANDUM OPINION ON MOTION OF PLAINTIFFS FOR SUMMARY JUDGMENT EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Motion of Plaintiffs for Summary Judgment (Adv. Dkt. #17) filed by A & M Investments, LLC, Surekha Patel and Trishan, LLC, and the Response to Motion for Summary Judgment (Adv. Dkt. #22) filed by Michael William Kirtley and Leigh Laney Kirtley. After considering the pleadings and the briefs, the Court finds that the Motion of Plaintiffs...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE EMERGENCY MOTION TO DISMISS CHAPTER 7 VOLUNTARY PETITION AND THE SUPPLEMENTAL MOTION FOR SANCTIONS EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the request for sanctions contained in the Emergency Motion To Dismiss Chapter 7 Voluntary Petition (Dkt. #6) and the Supplemental Motion for Sanctions (Dkt. #134) filed by Mary E. McAlister; Derek Wyatt's Response to Supplemental Motion for Sanctions (Dkt. #...
MEMORANDUM OPINION AND ORDER ON CROSS-CLAIMS OF FIRST ALLIANCE BANK, FIRST STATE BANK, AND PATRIOT BANK AGAINST MISSISSIPPI VALLEY TITLE INSURANCE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY RELATED TO THE WOODGREEN PROPERTY — PHASE TWO: DAMAGES NEIL P. OLACK, Bankruptcy Judge. The liability and uncontested damages phase ("Phase One") 1 of the trial (the "Woodgreen Trial") of this adversary proceeding (the "Adversary") took place on February 21-22, 2012. In Phase One of the...
MEMORANDUM OPINION ON THE COMPLAINT FOR DECLARATORY JUDGMENT EDWARD ELLINGTON, Chief Judge. THIS MATTER came before the Court on November 29-30, 2011, for trial on the following pleadings filed in the above-styled adversary proceeding: 1. Complaint for Declaratory Judgment (# 1) filed by the Chapter 7 Trustee, Kimberly R. Lentz; 2. Joint Answer and Cross-Claim of Liberty Mutual Insurance Company, Fox-Everett Underwriters, Ltd. and Steve Lee to Trustee's Complaint for Declaratory...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO COMPEL ARBITRATION AND TO STAY ADVERSARY PROCEEDING PENDING ARBITRATION NEIL P. OLACK, Bankruptcy Judge. This matter came before the Court for hearing on January 11, 2013 (the "Hearing"), on the Defendants Motion for [sic] To Compel Barry's [sic] 1 Claims to Arbitration Pursuant to the Federal Arbitration Act and To Stay Pending Arbitration (the "Motion") (Adv. Dkt. 15), the Brief in Support of Defendant Legal Helpers Debt Resolution, LLC's...
