ORDER ALLOWING TRUSTEE'S MOTION TO ABANDON J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER came before the Court on the trustee's motion to abandon interests in three LLCs owned by the debtor prior to bankruptcy and the debtor's objection thereto. A hearing was held on November 28, 2016. The parties seem to agree on the salient facts, leaving one issue to be resolved: whether a trustee may abandon a worthless asset of the estate when doing so would shift a tax liability associated with...
ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT IN ADVERSARY PROCEEDING NOS. 10-05067 AND 11-05023 LAURA T. BEYER , Bankruptcy Judge . THIS MATTER is before the court on the Defendants' Motion for Summary Judgment filed in adversary proceeding no. 10-05067 (the "2010 Motion") and the Defendants' Motion for Summary Judgment filed in adversary proceeding no. 11-05023 (the "2011 Motion") (collectively, the "Motions"). As will be discussed, summary judgment is granted as to the claims under...
ORDER J. CRAIG WHITLEY , Bankruptcy Judge . This matter arises out of so called "bankruptcy petition preparer services" provided by Dallas X. Evans and Daniel P. Silver, Esq., through the website www.chapter7in24.com that amount to deceit, fraud, the unauthorized practice of law, and violations of Section 110 of the Bankruptcy Code. As a result, Evans and Silver are both fined, ordered to disgorge any funds collected from the debtor, and permanently enjoined from preparing bankruptcy...
ORDER SUSTAINING AMENDED OBJECTION TO CONFIRMATION OF PLAN J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before this Court upon the amended objection of Lendmark Financial Services, LLC to confirmation of the debtors' proposed Chapter 13 plan, filed March 23, 2016. A hearing was held on July 27, 2016, at which Kimberly Sheek appeared for Lendmark, Beth Carter for the debtors, and Deborah Crowder for Steven Tate (the Chapter 13 trustee). All parties were in agreement on the facts....
ORDER OVERRULING TRUSTEE'S OBJECTION TO CLAIM J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before this Court upon the objection of the Chapter 13 trustee, Steven Tate, to the claim of Lendmark Financial Services, LLC. A hearing was held on July 27, 2016, at which Kimberly Sheek appeared for Lendmark and Deborah Crowder appeared for the Chapter 13 trustee. Counsel for the debtor was not present. All parties in attendance were in agreement on the facts. Having considered the...
ORDER OVERRULING OBJECTION TO EXEMPTIONS LAURA T. BEYER , Bankruptcy Judge . THIS MATTER is before the court on the Objection to Exemptions (the "Objection") filed by the Chapter 7 Trustee (the "Trustee"). For the reasons set forth below, the court overrules the Trustee's Objection. Background 1. The Debtors filed a Chapter 7 petition on May 27, 2016. 2. On their Schedule A/B, the Debtors listed five insurance policies (collectively, the "Insurance Policies"). According to the Debtors'...
ORDER REVOKING JEFFREY GUY WEBER'S ADMISSION TO PRACTICE LAW BEFORE THIS COURT LAURA T. BEYER , Bankruptcy Judge . THIS MATTER is before the court on the July 15, 2016 Order to Appear and Show Cause ("Show Cause Order") and the August 1, 2016 Order Holding Jeffrey Guy Weber in Contempt of Court ("Contempt Order"). On June 28, 2016, the court held a hearing in this case on the Chapter 13 Trustee's Motion of Trustee to Dismiss Case or to Modify Plan. An attorney for the Trustee appeared at...
ORDER DENYING DEBTOR A DISCHARGE J. Craig Whitley , United States Bankruptcy Judge . In this adversary proceeding, the Chapter 7 trustee, John W. Taylor, seeks an order denying the debtor, Lametsha Crawford, her discharge. The matter came on for trial on March 24, 2016. 1 Crawford appeared and was represented by attorney Barbara L. White. Taylor appeared on his own behalf. For the reasons set forth below, Crawford's discharge is denied. Taylor accuses Crawford of numerous wrongs that he...
ORDER SANCTIONING JOSEPH M. KOSKO, VOLKS ANWALT LAW, AND JESSICA McCLEAN LAURA T. BEYER , Bankruptcy Judge . This order addresses matters related to the representation of the Debtor by Joseph M. Kosko ("Kosko"), Volks Anwalt Law 1 ("Volks Anwalt"), and Jessica McClean 2 ("McClean"). The court conducted hearings related to the following matters on January 12, 2016, January 28, 2016, and February 18, 2016: 1. The court's Order to Appear and Show Cause ("Kosko Show Cause Order") directed...
ORDER DENYING REQUEST FOR AN ALLOWED CLAIM J. Craig Whitley , United States Bankruptcy Judge . In this matter, Daniel J. Roselli, a former principal of the debtor, suggests that his payment on a judgment for misappropriation of trade secrets for which he, the debtor, and a number of others were jointly liable entitles him to an allowed claim for contribution in this Chapter 11 bankruptcy. For the reasons stated below, Roselli's motion for an allowed claim must be denied. Bridgetree...
ORDER DENYING MOTION TO INTERVENE J. CRAIG WHITLEY , Bankruptcy Judge . This matter comes before the Court on the motion by Ladd A. Morrison to intervene as an additional plaintiff in this adversary proceeding in which the Chapter 7 trustee seeks to deny the debtor/defendant (Crawford) a discharge. Crawford filed a voluntary Chapter 7 case on April 21, 2013. Morrison was not scheduled as a creditor, thus he did not receive notice of the case at that time. The case proceeded, with the...
ORDER GRANTING MOTION FOR SANCTIONS LAURA T. BEYER , Bankruptcy Judge . This matter is before the Court on the Debtors' Motion For Sanctions (the "Motion") which was filed on August 17, 2015. This matter was heard on January 8, 2016. Thomas C. Flippin was present on behalf of Roy Gwyn and Linda Prevette Johnson (the "Debtors") and Steven G. Tate appeared in his capacity as Chapter 13 Trustee. After considering the Motion, the evidence presented, and the arguments of counsel, the Court...
