MEMORANDUM OPINION AND ORDER FOR RELIEF IN INVOLUNTARY PROCEEDING Janice D. Loyd , U.S. Bankruptcy Judge . Introduction-Statement of the Case On April 4, 2016 (the "Petition Date"), CO & G Production Group, LLC ("CO & G"), Spoon Resources, LLC ("Spoon"), Acadiana Maintenance Services ("Acadiana") and Great American Insurance Company("Great American") (collectively, the "Petitioning Creditors") filed an involuntary proceeding under Chapter 7 of the Bankruptcy Code, 11 U.S.C. 101, et...
ORDER GRANTING MOTION TO COMPEL Janice D. Loyd , U.S. Bankruptcy Judge . Plaintiff Nikki Marie Waldrop ("Waldrop") initiated this adversary proceeding alleging that the garnishing creditor, Defendant Discover Bank, acting through its counsel, Defendant Stephen L Bruce ("Bruce") violated the automatic stay imposed by 11 U.S.C. 362(a). Before the Court is Waldrop's Motion to Compel Defendant Stephen L. Bruce to respond with proper Answers to Interrogatories (the "Motion" ) [Doc. 43]...
MEMORANDUM OPINION AND ORDER RESOLVING CERTAIN LEGAL STANDING ISSUES IN INVOLUNTARY CASE Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction Before the Court are two discrete, yet multi-faceted legal "standing" questions pertaining to the involuntary bankruptcy petition that was commenced on April 4, 2016, against the putative debtor, Krishna Kumar Agrawal ("Agrawal"). In other words, before the above-referenced case is even permitted to go to an evidentiary hearing on the merits of...
Janice D. Loyd , U.S. Bankruptcy Judge . Before the Court is the Defendant's Amended Motion to Quash (the " Motion ") [Doc.17] a Subpoena Duces Tecum issued by the Plaintiff to the Fort Sill Federal Credit Union (the "Credit Union"), a non-party in this adversary proceeding. Plaintiff has timely responded to the Motion (the " Response" ) [Doc.18]. Plaintiff issued a subpoena duces tecum to the Credit Union, seeking to obtain "monthly statements, negotiated checks, duplicate deposit...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction This adversary proceeding arises from a family dispute regarding management of the estate of an incapacitated woman, Anna Marie Capuccio ("Mother"). The plaintiff is Anthony Cappuccio (the "Plaintiff") who is the son of Mother, and her current court-appointed guardian. The Defendant is Elena Marie Capuccio (the "Debtor"), the debtor in the underlying bankruptcy case. The...
MEMORANDUM OPINION AND ORDER DISMISSING CASE Janice D. Loyd , U.S. Bankruptcy Judge . Before the Court is the Second Motion of the United States Trustee to Dismiss Case Based on the Presumption of Abuse and the Totality of Circumstances Pursuant to 11 U.S.C. 707(b) filed on May 18, 2016 ("the Motion ") [Doc. 58] and Debtors' Response to Second Motion of the United States Trustee to Dismiss filed on June 7, 2016 ("the Response ") [Doc. 60]. The Motion of the United States Trustee...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Janice D. Loyd , U.S. Bankruptcy Judge . Before the Court is the Plaintiff's Motion for Summary Judgment (the "Motion" ) [Doc.13], the Objection to Plaintiff's Motion for Summary Judgment (the "Objection" ) [Doc.17] and the Plaintiffs' Reply to Defendant's Objection to Plaintiff's Motion for Summary Judgment [Doc.18]. Plaintiff, Frank Bertone ("Bertone"), seeks a determination that his claim for damages against Kyle...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE JANICE D. LOYD , Bankruptcy Judge . After pursuing loan modification without success, Plaintiff-Debtor J. D. Gill ("Gill") brings this adversary proceeding against Defendants HSBC Bank USA, N.A. and Wells Fargo Home Mortgage ("Defendants"), alleging Defendants acted in bad faith and exercised gross negligence in denying Gill's application for a loan modification under the Home Affordable Modification Program ("HAMP")....
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS JANICE D. LOYD , Bankruptcy Judge . This matter comes on for consideration upon Defendant Discover Bank's Amended Motion to Dismiss Adversary Complaint, filed on February 26, 2016, [Doc. 13], Defendant Stephen Bruce Esq.'s Amended Motion to Dismiss Adversary Complaint, filed on March 23, 2016, [Doc. 21], (collectively, the " Motions "), the Plaintiff's Response to Discover Bank's Motion to Dismiss filed on March...
ORDER DENYING DEBTOR'S MOTION TO STRIKE RULE 2004 HEARING JANICE D. LOYD , Bankruptcy Judge . This matter comes on for consideration upon Debtor's Motion to Strike Rule 2004 Hearing Set on May 31, 2016 as Moot and Allow the Chapter 13 Bankruptcy to be Voluntarily Dismissed, filed on May 23, 2016 (the " Motion ") [Doc. 46] and the Objection of United States Trustee to the Debtor's Motion to Strike Rule 2004 Examination, filed May 24, 2016 (the " Objection ") [Doc. 48]. By his Motion,...
ORDER DENYING MOTION TO RECUSE DANA L. RASURE , Bankruptcy Judge . Before the Court in each of the above-captioned cases and adversary proceedings is a Motion to Recuse (the "Motion") filed on May 2, 2016, by Lew S. McGinnis ("McGinnis") and Jennifer Price ("Price") (collectively, "Movants"); Affidavit of Lew McGinnis ("Affidavit") filed on May 5, 2016; and Cobblestone-Hill Objection to Motion to Recuse filed on May 9, 2016, by Cobblestone Apartments of Tulsa, LLC, and the Larry D. and...
ORDER (I) GRANTING MOTION TO DISMISS CASE FOR FAILURE TO PAY PLAN PAYMENTS COMBINED WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 130] AND (II) OVERRULING IN PART AND DENYING IN PART DEBTOR'S RESPONSE TO THE TRUSTEE'S MOTION TO DISMISS, AND REQUEST FOR COMPENSATION [DOC. 131] SARAH A. HALL , Bankruptcy Judge . Before the Court are: 1. Motion to Dismiss Case for Failure to Pay Plan Payments Combined with Brief in Support and Notice of Opportunity for Hearing [Doc. 130]...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Sarah A Hall , United States Bankruptcy Judge . After considering the pleadings filed, the stipulations contained in the Joint Final Pretrial Order [Doc.28], and the evidence and testimony presented at the trial held on March 28, 2016, the Court adopts the following as its findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure. I. PROCEDURAL HISTORY. To a degree, this case is "an...
ORDER GRANTING MOTION FOR PRODUCTION OF DOCUMENTS JANICE D. LOYD , Bankruptcy Judge . This contested matter is before the Court on the Motion Of Allegiance Credit Union for Production of Documents By Bank 7 Under Rule 2004 ("Allegiance") filed on March 28, 2016, (the " Motion ") [Doc. 24]; the Objection to the Motion filed by Debtor, Gene Hilbert Gay ("Debtor"), on April 11, 2016, (" Objection ") [Doc. 28] and the Reply of Allegiance Credit Union in Support of its Motion for...
ORDER GRANTING MOTION FOR 2004 EXAMINATION AND FOR PRODUCTION OF DOCUMENTS JANICE D. LOYD , Bankruptcy Judge . This contested matter is before the Court on the Motion for Rule 2004 Examination of Debtor and for Production of Documents filed by the creditor, Allegiance Credit Union ("Allegiance"), on March 28, 2016, (the " Motion ") [Doc. 23], the Objection to the Motion filed by Debtor, Gene Hilbert Gay ("Debtor"), filed April 11, 2016, (" Objection ") [Doc. 27] and the Reply of...
ORDER DENYING MOTION OF OKLAHOMA MOTOR CREDIT COMPANY FOR ORDER COMPELLING PHYSICAL SURRENDER AND NOTICE AND OPPORTUNITY FOR HEARING [DOC. 28] SARAH A. HALL , Bankruptcy Judge . On March 2, 2016, Oklahoma Motor Credit Company ("OMCC") filed its Motion of Oklahoma Motor Credit Company for Order Compelling Physical Surrender and Notice and Opportunity for Hearing [Doc. 28] (the "Motion"). In the Motion, OMCC requests that, pursuant to 11 U.S.C. 105, the Court order Robert M. Foster and...
RECOMMENDATION THAT DEFENDANT'S MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE OF THIS CASE AND TO TRANSFER IT TO THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA FOR FURTHER PROCEEDINGS AND A JURY TRIAL BE DENIED DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendant's Motion to Withdraw the Bankruptcy Reference of this Case and to Transfer it to the U.S. District Court for the Western District of Oklahoma for Further Proceedings and a Jury Trial (Adv. Doc. 19)...
ORDER DENYING JOINT MOTION FOR DISMISSAL WITH PREJUDICE DANA L. RASURE , Bankruptcy Judge . Before the Court is the Joint Motion for Dismissal with Prejudice and Notice of Opportunity for Hearing filed jointly by Plaintiff Michael E. Deeba, Trustee ("Trustee") and Defendant Lew S. McGinnis ("McGinnis") (Adv. Doc. 37) ("Joint Motion to Dismiss"); the Objection of United States Trustee ["UST"] to Joint Motion to Dismiss Adversary Proceeding (Adv. Doc. 38); the Objection of Cobblestone...
ORDER OVERRULING DEFENDANTS' OBJECTION TO SUBPOENA TO TESTIFY AT A DEPOSITION JANICE D. LOYD , Bankruptcy Judge . On the date above written, this matter came on for consideration upon Defendants' Objection to Subpoena to Testify at a Deposition in a Bankruptcy Case filed on December 15, 2015 (" the Objection ") [Doc. 18]. The Objection was filed in response to Plaintiff's Notice of Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding ) filed on November...
ORDER GRANTING IN PART AND DENYING IN PART (I) MOTION TO DETERMINE PROCEEDING IS NON-CORE AS TO DEFENDANT, DEBORAH HOOVER-HUPFER, BRIEF IN SUPPORT, AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 21] AND (II) MOTION TO DISMISS DUE TO LACK OF JURISDICTION FOR DEFENDANTS COLLATERAL SERVICES OF INDIANA, LLC. [SIC], FENNER AND ASSOCIATES, BRIAN FENNER AND FRANCIS LENNEX, BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 26] SARAH A. HALL , Bankruptcy Judge . Before the Court are: 1....
