FINDINGS OF FACT AND CONCLUSIONS OF LAW Sarah A. Hall , United States Bankruptcy Judge . On August 9, 2017, the Court conducted a trial on the complaint filed on September 10, 2014 [Doc. 1] (the "Complaint"), by plaintiff James Hatfield against debtor Stephen Thompson. Phillip Wayne Hatfield, as Personal Representative of the Estates of James Carl Hatfield, Jr. (original plaintiff), and Wanda Marie Hatfield (original plaintiff's wife), was substituted as plaintiff by order entered October...
ORDER DENYING DEBTOR'S EMERGENCY MOTION TO ENFORCE AUTOMATIC STAY JANICE D. LOYD , Bankruptcy Judge . Before the Court is another one of pro se Debtor's rambling pleadings having nothing to do with this bankruptcy but demonstrating the prophecy of Yogi Berra that "if you don't know where you're going, when you get there you will be lost." 1 For the second time in the last two months Debtor seeks relief for matters that relate to the bankruptcy of another debtor closed more than five years...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT JANICE D. LOYD , Bankruptcy Judge . This matter comes on for consideration upon the following: 1. Debtor's Amended Motion for Summary Judgment (the "Motion") [Doc. 106]; 2. Objection to Debtor's Amended Motion for Summary Judgment with Brief of CO &G Production Group, LLC ("CO&G"), Great American Insurance Company ("Great American"), Acadiana Maintenance Services, LLC ("Acadiana") and Spoon Resources, LLC (collectively...
ORDER OVERRULING MOTION FOR SUMMARY JUDGMENT JANICE D. LOYD , Bankruptcy Judge . On the date above written, this matter came on for consideration upon Debtor's pro se stream-of-consciousness thirty-three (33) word pleading entitled Motion for Summary Judgment and Declaratory Ruling Against Christopher Holland Since He Was Overpaid and Application to Enjoin Christopher Holland as a Creditor Since His Judgment Was Discharged in the Bankruptcy of Geo Exploration, LLC or Became Stale and...
ORDER DENYING EMERGENCY APPLICATION JANICE D. LOYD , Bankruptcy Judge . On September 28, 2017, the Debtor filed his Debtors (sic) Emergency Application for a Written Order of This Court That an Automatic Stay Is in Place Until Further Order of This Court (the " Application ") [Doc.140]. Debtor's Application states that "[t]here is a confusion in the legal community that in the involuntary Bankruptcy proceedings, the Automatic Stay is not available to the Debtor." The Application...
OPINION AND ORDER GRANTING SUMMARY JUDGMENT DETERMINING DEBT DISCHARGEABLE JANICE D. LOYD , Bankruptcy Judge . I. Introduction In this adversary proceeding, Plaintiffs, Amie Tuyet Vo King and the Amie Tuyet Vo King Living Trust, seek a determination that their claim against their home builder/Debtor, based upon his failure to pay lien claimants in violation of the Oklahoma Construction Trust Fund Statutes, 42 O.S. 152 and 153, constitutes a defalcation in a fiduciary capacity excepted...
MEMORANDUM OPINION AND ORDER GRANTING MOTIONS TO DISMISS JANICE D. LOYD , Bankruptcy Judge . I. Introduction This matter comes on for consideration upon the Motion to Dismiss Amended Complaint and Brief in Support filed by Intervenor, Kirkpatrick Bank ("Kirkpatrick"), on June 1, 2017 (" Motion(s) ") [Doc. 150], the Motion to Dismiss Amended Complaint with Brief in Support filed on June 1, 2017 by the Defendants 1 ( "Motion(s)" ) [Doc. 151], SE Property Holdings, LLC's Response to...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS Janice D. Loyd , U.S. Bankruptcy Judge . I. Introduction This matter comes on for consideration upon the Motion to Dismiss and Brief in Support filed by Intervenor, Kirkpatrick Bank ("Kirkpatrick"), on January 29, 2017 (the " Motion ") [Doc. 104], the Response to Motion to Dismiss and Brief in Support filed by SE Property Holdings, LLC ("SEPH") on February 13, 2017 (" Response ") [Doc. 118], the Reply filed by Kirkpatrick on...
ORDER DENYING WAIVER OF LOCAL COUNSEL JANICE D. LOYD , Bankruptcy Judge . This matter comes before this Court on the Motion for Relief from Local Bankruptcy Rule 9010-1 (G)(5) filed by Plaintiff SEPH Holdings, LLC ("SEPH") (the "Motion") [Doc.121], the Response filed by Defendants David A. Stewart and Terry P Stewart (the "Debtors") [Doc. 128] and the Response filed by Intervenor Kirkpatrick Bank [Doc. 129]. By its Motion, SEPH asks the Court to waive the requirement in Local Rule...
OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT JANICE D. LOYD , Bankruptcy Judge . This is an adversary proceeding brought by Plaintiff/Debtor, Nikki Marie Waldrop, ("Waldrop"), alleging that Defendants Discover Bank ("Discover") and its attorney, Stephen Bruce, ("Bruce"), violated the automatic stay by instructing Waldrop's garnishee-bank to retain possession of funds garnished pre-petition pending the further order of the court. This matter comes on for...
