ORDER DENYING MOTION FOR SUMMARY JUDGMENT TOM R. CORNISH , Bankruptcy Judge . Before the Court is Defendant's Motion for Summary Judgment with Brief in Support (Docket Entries 24 and 25), and Plaintiff's Objection (Docket Entry 26). After reviewing the motion and brief, objection, and supporting documentation, the Court finds that the motion for summary judgment should be denied. To prevail on a motion for summary judgment, the moving party must establish that there is "no genuine issue...
ORDER REGARDING ELIGIBILITY TOM R. CORNISH , Bankruptcy Judge . Before the court is Trustee's Motion to Dismiss (Docket Entry 43) and Debtor's Objection (Docket Entry 50). The court held an evidentiary hearing on this matter on September 19, 2019. Both parties submitted exhibits to the court and stated that there were no facts in dispute. After reviewing the evidence, arguments of counsel and applicable legal authorities, the court finds that Debtor is not eligible to proceed under...
ORDER DENYING MOTION TO ABSTAIN TOM R. CORNISH , Bankruptcy Judge . On July 11, 2019, Debtor's Motion for Abstention (Docket Entry 121), with objection filed by LSF8 Master Participation Trust (Docket Entry 130) came on for evidentiary hearing before this court. After review of the docket, record and exhibits submitted in this case, the court finds that the motion should be denied. A motion for abstention pursuant to 11 U.S.C. 305(a) is extraordinary relief, only to be granted if the...
ORDER DENYING MOTION FOR REHEARING TO RECONSIDER DISMISSAL TOM R. CORNISH , Bankruptcy Judge . Before the court is Plaintiffs' Motion for Rehearing of March 27, 2019 Order of Dismissal with Prejudice (Docket Entry 68). The court held a hearing on this motion and Defendants' objections. For the reasons set forth below, the motion seeking relief from this court's order of dismissal is denied. The Levings proceed under Fed. R. Civ. P. 59(e), applicable to this proceeding by Fed. R. Bankr. P....
ORDER DETERMINING PROCEEDING TO BE NON-CORE AND REPORT AND RECOMMENDATION TO DISTRICT COURT REGARDING UNOPPOSED MOTION TO WITHDRAW THE REFERENCE TOM R. CORNISH , Bankruptcy Judge . On January 24, 2019, Debtor Ronald Edward Marusak filed a Notice of Removal to Bankruptcy Court of Case No. CJ-2014-134, from the District Court of Carter County, Oklahoma (Docket Entry 1). He states in this Notice that he does not consent to the entry of final orders by this bankruptcy court as required by Fed....
ORDER OF DISMISSAL WITH PREJUDICE TOM R. CORNISH , Bankruptcy Judge . Before the Court are motions to dismiss filed by each Defendant pursuant to Fed. R. Civ. P. 12(b)(1) and (6). For the reasons set forth below, the motions are granted and this case is dismissed with prejudice. I. Procedural History Plaintiffs James and Margaret Levings filed their original Complaint against JPMorgan Chase Bank, N.A. ("Chase") for breach of contract, declaratory and injunctive relief, quiet title,...
