MEMORANDUM OPINION ON UNITED STATES' MOTION FOR SUMMARY JUDGMENT REGARDING THE DEBTOR'S OBJECTION TO AMENDED PROOF OF CLAIM (CLAIM #17-5) FILED BY INTERNAL REVENUE SERVICE (DKT #847) EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the United States' Motion for Summary Judgment Regarding the Debtor's Objection to Amended Proof of Claim (Claim #17-5) Filed by Internal Revenue Service (Dkt #847) (Dkt. #1174); the Answer, Response and Memorandum Brief in Opposition...
MEMORANDUM OPINION EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the following pleadings: 1. Bank of America, N.A's Motion to Abstain (Adv. Dkt. # 22); 2. Trustmark National Bank's Objection to Bank of America, N.A.'s Motion to Abstain (Adv. Dkt. # 26); 3. Plaintiffs' Objection to Bank of America, N.A.'s Motion to Abstain (Adv. Dkt. # 27) filed by the Kenneth Lee Simmons and Mary Allison Simmons; 4. Bank of America, N.A.'s Reply in Support of its Motion...
MEMORANDUM OPINION EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Trustee's Motion for an Order Declaring Carrington Mortgage Services 1322(B)(5) Claim Defaults Cured Pursuant to the Amended Proof of Claim Filed on January 11, 2011 (Dkt. # 29) and the Notice of Final Cure Payment (Dkt. # 31) filed by the Chapter 13 Trustee, James L. Henley, Jr.; the Response to Trustee's Motion to Deem Section 1322(b)(5) Claim Current and Defaults Cured, Doc No. 29 (Dkt. #...
MEMORANDUM OPINION AND ORDER KATHARINE M. SAMSON, Bankruptcy Judge. This matter came before the Court for trial on May 5 and 6, 2014, (the "Trial") on the Amended Complaint Objecting to Dischargeability of a Debt, (Adv.Dkt. No. 63), filed by creditor-plaintiff Mariano J. Barvi ("Barvi "), and the Answer to Complaint, (Adv.Dkt. No. 65), filed by debtor-defendant Stephen F. Broadus ("Broadus"). At Trial, Robert Schwartz represented Barvi and George Healy represented Broadus. The parties...
ORDER TO SHOW CAUSE EDWARD ElLINGTON, Bankruptcy Judge. YOU ARE HEREBY ORDERED TO APPEAR on Monday, August 18, 2014, at 2:00 p.m., in the United States Courthouse, Bankruptcy Courtroom 4D, 501 East Court Street, Jackson, Mississippi, to show cause why sanctions should not be imposed, or other actions taken, for failure to submit the appropriate order or judgment resulting from that certain hearing held in the above referenced matter on June 16, 2014, at 2:30 p.m., on the Notice of Post-...
MEMORANDUM OPINION EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Motion for Summary Judgment and Memorandum in Support (Dkt. #64) filed by Laws Construction Company, Inc., Ergon, Inc.'s Response to Laws Construction Company, Inc.'s Motion for Summary Judgment and Memorandum in Support (Dkt. #64) (Dkt. #69), and Reply to Ergon's Response to Motion for Summary Judgment and Memorandum in Support (Dkt. #69) (Dkt. #74) filed by Laws Construction Company, Inc....
MEMORANDUM OPINION AND ORDER KATHARINE SAMSON, Bankruptcy Judge. This matter came before the Court for hearing on January 31, 2014 (the "Hearing") on the Chapter 7 Involuntary Petition ("Petition for Relief"), (Dkt. No. 1), filed by Brandon Woodward, Carla Harper, and Haley Woodward (the "Petitioning Creditors"), and the Answer and Motion to Dismiss Involuntary Petition and for Other Relief, (Dkt. No. 4), filed by alleged debtor Richard N. Kennedy ("Kennedy"). Also before the Court is the...
MEMORANDUM OPINION AND ORDER ON THE COMPLAINT FILED BY THE TRUSTEE NEIL P. OLACK, Bankruptcy Judge. This matter came before the Court for trial on November 20 and 22, 2013 (the "Trial") on the Complaint (the "Complaint") (Adv. Dkt. 1) 1 filed by Derek A. Henderson, the chapter 7 trustee (the "Trustee"), and Legal Helpers Debt Resolution, LLC and Macey, Aleman, Hyslip & Searns's Answer, Defenses, and Affirmative Defenses to Complaint (Adv. Dkt. 39) filed by Legal Helpers Debt Resolution, LLC...
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge There came on for consideration the Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 49) 1 filed by the Mississippi Department of Revenue (the "MDOR"); the Brief in Support of Motion for Summary Judgment (the "Summary Judgment Brief") (Adv. Dkt. 28) filed by the MDOR, the Memorandum in Opposition to Defendant's Motion for Summary Judgment (the "...
