ORDER DENYING DEFENDANTS' MOTION TO DISQUALIFY RON BROWN DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is the Defendants' Motion to Disqualify Ron Brown as Counsel for Plaintiff (Doc. 70) ("Motion to Disqualify Brown") filed on November 21, 2018, by Defendants Courtney Grogan, Successor Trustee of the Joe C. Cole Revocable Trust ("Grogan") and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively, "Defendants" or "Movants"), and Ron Brown's...
ORDER DENYING DEFENDANTS' MOTION TO DISQUALIFY DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is the Defendants' Motion to Disqualify the Honorable Dana Rasure (Doc. 69) ("Motion to Disqualify") filed on November 21, 2018, by Defendants Courtney Grogan, Successor Trustee of the Joe C. Cole Revocable Trust ("Grogan") and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively, "Defendants" or "Movants"), and Plaintiff's Response thereto (Doc. 72)...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; AND ESTABLISHING CERTAIN UNDISPUTED FACTS IN THE CASE DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is Defendant Select Portfolio Servicing, Inc.'s Motion for Summary Judgment (Adv. Doc. 19) and brief in support thereof (Adv. Doc. 20) filed by Select Portfolio Servicing, Inc. ("SPS") on May 29, 2018 ("SPS's Motion"); Plaintiffs' Response to Defendant's Motion for Summary...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendants' Motion for Summary Judgment (Adv. Doc. 43) and brief in support thereof (Adv. Doc. 44) (collectively "Defendants' Motion") filed by Defendants Courtney Grogan, Successor Trustee of The Joe C. Cole Revocable Trust, under Trust Agreement Dated March 28, 2002 ("Grogan"), and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively,"Defendants"...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS DANA L. RASURE , Bankruptcy Judge . Before the Court is Defendants['] Motion to Dismiss & Brief in Support ("Motion") (Adv. Doc. 47) filed by Defendants Carrie Pettigrew and Thomas Mortensen on October 12, 2018. Both defendants seek dismissal of the Complaint for Violation of the Permanent Discharge Injunction filed by Plaintiff/Debtor Miranda Kristin Renfrow. Upon consideration of the Motion and applicable law, the Court finds and concludes...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' OBJECTION AND REQUEST TO SET-ASIDE THE CLERK'S ENTRY OF DEFAULT DANA L. RASURE , Bankruptcy Judge . Before the Court is the Objection and Request to Set-Aside the Clerk's Entry of Default (Adv. Doc. 22) filed by Defendants Carrie Pettigrew and Thomas Mortensen ("Request to Set-Aside Default") 1 and the response filed by Plaintiff Miranda Kristin Renfrow (Adv. Doc. 23). 2 An evidentiary hearing was held on April 18, 2018. Upon...
ORDER GRANTING RULE 52(c) MOTION DANA L. RASURE , Bankruptcy Judge . On August 9, 2018, the objection to discharge claims of Plaintiff Maxine Armstrong, as Guardian of the Person and Estate of Adrian Armstrong, against Defendant/Debtor Deborah Oslin under 11 U.S.C. 727(a)(2)(A), (a)(3), and (a)(4)(A) 1 came on for trial. Exhibits were admitted by stipulation. Ms. Armstrong called one witness, Ms. Oslin, before resting. Ms. Oslin moved for a directed verdict, which, in a non-jury trial,...
MEMORANDUM OPINION DANA L. RASURE , Bankruptcy Judge . Plaintiff Juventino Gayton Quiroz ("Gayton") 1 filed this adversary proceeding against Defendant United States of America, ex rel. Internal Revenue Service (the "IRS") to obtain a declaration that federal income taxes owed for tax years 2005, 2006, 2007, 2009, and 2011 were discharged under 11 U.S.C. 523(a)(1)(A) 2 when Gayton received his general discharge in Bankruptcy Case No. 15-10292. After the IRS answered the complaint,...
ORDER GRANTING MOTION TO DISMISS CLAIMS UNDER 11 U.S.C. 523(a)(6) AND 523(a)(9) DANA L. RASURE , UNITED STATES BANKRUPTCY JUDGE Before the Court is the Motion to Dismiss Claims Under 11 U.S.C. 523(a)(6) and 523(a)(9) (Adv. Doc. 5) ("Motion to Dismiss") filed on November 6, 2017, by Defendant/Debtor Deborah Oslin ("Oslin"), and the response and brief in support (Adv. Doc. 9) ("Response") filed on November 20, 2017, by Plaintiff Maxine Armstrong, as Guardian of the Person and...
