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...
