FINDINGS OF FACT AND CONCLUSIONS OF LAW SARAH A. HALL , Bankruptcy Judge . In this adversary proceeding, the Court is presented with a family dispute over money — definitely not its first, and surely not its last. However, the evidence regarding the dispute is unusual in that a non-party banker, rather than one of the plaintiffs, testified about the alleged misrepresentations made by a daughter in the presence of her father. But he neither remembered those representations being made nor...
FINDINGS OF FACT AND CONCLUSIONS OF LAW SARAH A. HALL , Bankruptcy Judge . On August 26 and 27, 2019, the Court conducted a trial on the Complaint [Doc. 1], filed on April 8, 2018 (the "Complaint") by Susan Manchester ("Plaintiff"), Trustee of All Phase Roofing and Construction, LLC ("All Phase LLC"), against Ricky Sharpton ("Defendant"), debtor and president and owner of All Phase LLC. Attorney Susan Manchester appeared on behalf of Plaintiff, and Gary Hammond appeared on behalf of...
FINDINGS OF FACT AND CONCLUSIONS OF LAW SARAH A. HALL , Bankruptcy Judge . On August 26 and 27, 2019, the Court conducted a trial on the Complaint [Doc. 1], filed on November 1, 2017 (the "Complaint") by Susan Manchester ("Plaintiff"), Trustee of All Phase Roofing and Construction, LLC ("All Phase LLC"), against Ricky Sharpton ("Defendant"), president and owner of All Phase LLC. Attorney Susan Manchester appeared on behalf of Plaintiff, and Gary Hammond appeared on behalf of Defendant. 1...
MEMORANDUM AND ORDER DENYING MOTION FOR AMENDMENT OF INFORMAL PROOFS OF CLAIM Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction Where a Chapter 7 creditor has failed to file a proof of claim within the bar date for claims, under the facts specific to this case, can a creditor's previously filed pleadings constitute a timely filed "informal proof of claim" Before the Court for consideration are Creditors', Falcon Strategic Partners IV, LP, J & R Investment Group, LLC, K. Rick...
ORDER ON MOTION FOR REVIEW OF ATTORNEY'S COMPENSATION PURSUANT TO SECTION 329 AND CONDUCT AS A "DEBT RELIEF AGENCY" UNDER SECTION 526 AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 15] Sarah A. Hall , United States Bankruptcy Judge . On October 2, 2019, the following matters came on for hearing before the Court: 1. Motion for Review of Attorney's Compensation Pursuant to Section 329 and Conduct as a "Debt Relief Agency" under Section 526 and Notice of Opportunity for Hearing [Doc. 15],...
ORDER DENYING IN PART AND GRANTING IN PART TRUSTEE'S MOTION AND BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON TRUSTEE'S ADVERSARIAL CAUSES OF ACTION AGAINST FERN L. EAVES FOR AN ORDER REVOKING THE DEBTOR'S DISCHARGE HEREIN FOR CONVERSION OF ESTATE PROPERTY, FOR FAILURE TO OBEY AN ORDER OF THIS COURT AND FOR JUDGMENT FOR THE VALUE OF PROPERTY OF THE ESTATE WITH NOTICE FOR OPPORTUNITY FOR HEARING [DOC. 16] SARAH A. HALL , Bankruptcy Judge . The following are before the Court for...
OPINION AND ORDER GRANTING MOTION TO DISMISS Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction This is an adversary proceeding brought by Plaintiff ValorBridge Partners, LLC ("ValorBridge"), a secured creditor of the Debtor, Source One Capital, LLC ("SOC"), against Defendant Intrust Bank, N.A. ("Intrust"), another secured creditor of SOC, seeking to equitably subordinate Intrust's claim pursuant to 11 U.S.C. 510 and 506. 2 Pursuant to Fed.R.Civ.P. 12(b)(6), applicable to...
ORDER DENYING MOTION FOR STAY PENDING APPEAL Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction On July 19, 2019, following a fourteen (14) day evidentiary hearing, the Court entered its Opinion and Order on Motion to Compromise (the "Order") [Doc. 710] which approved the joint motion of the Trustee and the Debtors to settle three of four pending adversaries against the Debtors, their non-debtor affiliated limited liability companies, family members and/or their bank. The largest...
ORDER GRANTING DEFENDANT UNITED STATES OF AMERICA ex rel. INTERNAL REVENUE SERVICE'S MOTION FOR SUMMARY JUDGMENT WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING Sarah A. Hall , United States Bankruptcy Judge . There comes on for consideration before the Court the Defendant's Motion for Summary Judgment with Brief in Support and Notice of Opportunity for Hearing [Doc. 31], filed on July 24, 2019 (the "Motion"), by defendant United States of America (the "United States"...
ORDER (i) SUSTAINING IN PART AND OVERRULING IN PART TRUSTEE'S OBJECTION TO DEBTOR'S CLAIMED EXEMPTION AND BRIEF IN SUPPORT THEREOF AND NOTICE OF HEARING AND OPPORTUNITY FOR HEARING [DOC. 42], AND (ii) GRANTING TRUSTEE'S MOTION TO TURNOVER PROPERTY OF THE ESTATE AND BRIEF IN SUPPORT THEREOF AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 30] SARAH A. HALL , Bankruptcy Judge . On May 8, 2019, this Court conducted a hearing on the following: 1. Trustee's Motion to Turnover Property of the...
OPINION AND ORDER ON MOTION TO COMPROMISE Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction Seeking to determine whether three of four pending adversaries should be settled and numerous non-debtor parties be released from possible liability, the Court conducted fourteen (14) days of hearings consuming more than 2,700 pages of trial transcript, 1 reviewed hundreds of exhibits consisting of thousands of pages, and heard the live testimony of seven witnesses (plus four more by...
ORDER DENYING MOTION TO SEVER CLAIMS JANICE D. LOYD , Bankruptcy Judge . I. Introduction This adversary proceeding is before the court on the Motion to Sever Claims (the "Motion") filed by the Defendants Danny and Debbie Kretchmar, the parents of the Debtor (the "Parents") [Doc. 77] and the Plaintiffs' Response [Doc. 89]. The Parents argue that the three (3) claims for relief which Plaintiffs' Farm Credit of Enid, PCA ("Farm Credit") and the Trustee have asserted against them should...
ORDER DENYING MOTION TO DISQUALIFY COUNSEL JANICE D. LOYD Bankruptcy Judge . I. Introduction This adversary proceeding was originally brought by the Chapter 7 Trustee and the Debtor's largest creditor, Farm Credit of Enid, PCA ("Farm Credit"), asserting some thirteen claims for relief against the Debtor and the Debtor's parents, Danny and Debbie Kretchmar (the "Parents"), including seeking substantive consolidation of the Parents and the Debtor. After the Court partially granted the...
ORDER DENYING MOTION TO DISMISS ADVERSARY PROCEEDING, BRIEF IN SUPPORT, AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 10] SARAH A. HALL , Bankruptcy Judge . Before the Court is the Motion to Dismiss Adversary Proceeding, Brief in Support, and Notice of Opportunity for Hearing [Doc. 10] (the "Motion") filed by defendant Clinton Dewar Beeby ("Defendant") on June 3, 2019, and the Objection to Motion to Dismiss [Doc. 11] (the "Objection") filed by plaintiff SNB Bank, N.A. ("Plaintiff") on June...
ORDER REMANDING CASE In the United States Bankruptcy Court for the District of Delaware JANICE D. LOYD , Bankruptcy Judge . I. Introduction This adversary proceeding is one of more than 2400 personal injury and wrongful death lawsuits filed against Johnson & Johnson ("J & J") in state courts across the country alleging injury (and death) from mesothelioma or ovarian cancer caused by exposure to asbestos from the talc used in J & J talcum powder products. J & J began removing many of...
ORDER REMANDING CASE In the United States Bankruptcy Court for the District of Delaware JANICE D. LOYD , Bankruptcy Judge . I. Introduction This adversary proceeding is one of more than 2400 personal injury and wrongful death lawsuits filed against Johnson & Johnson ("J & J") in state courts across the country alleging injury (and death) from mesothelioma or ovarian cancer caused by exposure to asbestos from the talc used in J & J talcum powder products. J & J began removing many of...
ORDER DENYING MOTION TO AVOID LIEN JANICE D. LOYD , Bankruptcy Judge . Before the Court for consideration is the Debtor's Motion to Avoid Lien Pursuant to 506(d) filed on May 10, 2019 ("the Motion") [Doc. 7]. The Motion seeks to declare void her contractual obligations under a pawn agreement, including any lien interest of the creditor, due to the creditor's failure to obtain a license to do business in the State of Oklahoma in accordance with the Oklahoma Pawnshop Act, Title 59 O.S....
CORRECTED ORDER DENYING DEBTORS' OBJECTION TO CLAIM # 5 JANICE D. LOYD , Bankruptcy Judge . I. Introduction Wells Fargo Bank (Wells Fargo) is the holder of a first mortgage on the Chapter 13 Debtors' residence. Debtors challenge the reasonableness of Wells Fargo's claim of $1,400 for pre-petition foreclosure attorney fees. Before the Court for consideration are: (1) Debtors' Amended Objection to Proof of Claim #5 [Doc. 51] and (2) the Response to Debtors' Objection to Proof of Claim #...
ORDER GRANTING PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT, BRIEF IN SUPPORT, AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 18] SARAH A. HALL , Bankruptcy Judge . The following come on for consideration by the Court: 1. Amended Complaint [Doc. 5], filed by plaintiff Henry James Johnson ("Plaintiff") on January 8, 2019; 2. Plaintiff's Amended Motion for Summary Judgment, Brief in Support and Notice of Opportunity for Hearing [Doc. 18], filed by Plaintiff on April 25, 2019 (the "Motion")...
ORDER DENYING DEBTORS' OBJECTION TO CLAIM # 5 JANICE D. LOYD , Bankruptcy Judge . I. Introduction Wells Fargo Bank (Wells Fargo) is the holder of a first mortgage on the Chapter 13 Debtors' residence. Debtors challenge the reasonableness of Wells Fargo's claim of $1,400 for pre-petition foreclosure attorney fees. Before the Court for consideration are: (1) Debtors' Amended Objection to Proof of Claim #5 [Doc. 51] and (2) the Response to Debtors' Objection to Proof of Claim #5 filed...
