FINDINGS OF FACT AND CONCLUSIONS OF LAW Sarah A. Hall , United States Bankruptcy Judge . On June 18 and 19, 2018, the Court conducted a trial on the Second Amended Complaint (the "Complaint") [Doc. 9] filed on January 3, 2017, by debtor David E. Terrell ("Terrell") against the United States of America ex rel. the Internal Revenue Service (the "IRS"), seeking a determination that his 1998 and 1999 tax debts were discharged in his 2010 bankruptcy case. Attorney Gary D. Hammond appeared...
ORDER FINDING DEBTOR IN CIVIL CONTEMPT FOR FAILURE TO COMPLY WITH ORDER DISMISSING CASE; AND DIRECTING ISSUANCE OF ARREST WARRANT JANICE D. LOYD , Bankruptcy Judge . On November 13, 2018, this matter came on for consideration upon the Motion of the United States Trustee Requesting the Debtor to Appear and Show Cause Why He Should Not Be Held In Contempt for Failure to Comply With The Order Dismissing This Case (the "Motion") [Doc. 91] and the Response to Motion to Show Cause of the...
ORDER (i) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WITH BRIEF, AND WITH NOTICE OF OPPORTUNITY FOR HEARING [DOC. 21] AND (ii) DENYING DEFENDANT'S AMENDED COUNTER-MOTION FOR SUMMARY JUDGMENT WITH NOTICE OF OPPORTUNITY FOR HEARING [DOC. 33] Sarah A. Hall , United States Bankruptcy Judge . On October 1, 2018, plaintiff Jason Burris ("J Burris") filed his Plaintiff's Motion for Summary Judgment with Brief, and with Notice of Opportunity for Hearing [Doc. 21]...
OPINION AND ORDER GRANTING MOTION FOR DEFAULT JUDGMENT JANICE D. LOYD , Bankruptcy Judge . Before the Court for consideration is the Motion for Default Judgment Against Defendant with Notice of Opportunity for Hearing and with Brief in Support filed by the CO&G Production Group, LLC, and Spoon Resources, LLC, (collectively the "Plaintiff") filed on July 16, 2018 (the "Motion") [Doc.15]. 1 In accordance with Local Rules, the Motion contained a Notice of Opportunity for Hearing which...
ORDER ON MOTION TO RECONSIDER Janice D. Loyd , U.S. Bankruptcy Judge . Before the Court is the Plaintiffs' Motion to Reconsider 1 (the "Motion") [Doc. 52], the Response of Danny Kretchmar and Debbie Kretchmar to Plaintiffs' Motion to Reconsider (the "Response") [Doc. 57] and the Plaintiffs' Reply to Kretchmar Parents' Response to Motion to Reconsider [Doc. 58]. The Motion seeks the Court to reconsider its Opinion and Order on Motion to Dismiss entered on February 5, 2018, in...
ORDER TO SHOW CAUSE WHY DEBTOR SHOULD NOT BE DECLARED A "VEXATIOUS LITIGANT" AND A SCREENING ORDER BE ENTERED JANICE D. LOYD , Bankruptcy Judge . This matter comes on for consideration, sua sponte, for an Order to Show Cause Why Debtor Should Not Declared A "Vexatious Litigant" and a Screening Order Be Entered (the "Order"). This matter is before the Court because the Debtor, Krishna (Kris) Kumar Agrawal ("Agrawal") has engaged in the filing of repetitive, frivolous, barely...
ORDER DENYING IN PART AND GRANTING IN PART MOTION TO RECONSIDER ORDER (i) DIRECTING DEBTOR TO FILE ITS LIST OF CREDITORS, SCHEDULES, AND STATEMENT OF FINANCIAL AFFAIRS OR, ALTERNATIVELY, DIRECTING TRUSTEE TO FILE THE SAME, AND (ii) HOLDING MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND DIRECTING ABANDONMENT OF PROPERTY AND FOR WAIVER OF THE FOURTEEN DAY STAY PURSUANT TO FED. R. BANKR. P. 4001(a)(3) [DOC. 17] IN ABEYANCE [DOC. 22] SARAH A. HALL , Bankruptcy Judge . On September 13, 2018,...
ORDER DENYING MOTION TO RECONSIDER 1 JANICE D. LOYD , Bankruptcy Judge . Before the Court for consideration is Defendant Agrawal's Motion to Reconsider the Following Orders Due to Legal Errors By Misreading of Request to Submit Injury Documents Under Seal and Strike All Motions of CO&G Production Group, LLC and Spoon Resources, LLC. Who Were Not Business Entities Or Did Not Have Legal Standing In This Case To File Anything and To Dismiss Involuntary Bankruptcy & Notice of Opportunity...
ORDER DENYING MOTION TO RECONSIDER JANICE D. LOYD , Bankruptcy Judge . Before the Court for consideration is creditors Ben and Marsha Young's 1 Motion for Reconsideration to Order Sustaining Trustee's Objection to Proof of Claim Number 6 (the "Motion") [Doc. 197] and Trustee's Response to Ben and Marsha Young's Motion for Reconsideration to Order Sustaining Trustee's Objection of Allowance of Proof of Claim Number 6 (the "Response") [Doc. 198]. On May 23, 2018, the Trustee filed his...
ORDER ON STEPHEN L. DeGIUSTI'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 11] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "...
ORDER ON THOMAS EDELMAN'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 6] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "PostRock...
ORDER ON CLARK EDWARDS' MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 11] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "PostRock...
ORDER ON DAVID J. KLVAC'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 12] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "PostRock...
ORDER ON CASEY BIGELOW'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 12] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "PostRock...
ORDER ON ALEXANDER P. LYNCH'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 14] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "...
ORDER ON WILLIAM DAMON'S MOTION TO DISMISS WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 8] SARAH A. HALL , Bankruptcy Judge . Before the Court are the: 1. Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. 547, 548 and 550 and to Disallow Claims Pursuant to 11 U.S.C. 502 [Doc. 1], filed on March 30, 2018 (the "Complaint"), by Stephen J. Moriarty, as chapter 11 trustee ("Trustee") for PostRock Energy Corporation, et al. (collectively, the "PostRock...
FINDINGS OF FACT AND CONCLUSIONS OF LAW SARAH A. HALL , Bankruptcy Judge . On February 21 and 23, 2018, the Court conducted a trial on the Second Amended Complaint to Determine Dischargeability Pursuant to 11 U.S.C. 523(a)(2)(4) & (6) [Doc. 17] (the "Second Amended Complaint") filed on August 30, 2016, by Advanced Resource Solutions, LLC ("ARS") against debtors Thomas Christopher McDermott and Jennie A. McDermott (collectively "Debtors," individually "Mr. McDermott" or "Mrs. McDermott")...
ORDER DENYING MOTION TO FILE DOCUMENTS UNDER SEAL JANICE D. LOYD , Bankruptcy Judge . On the date above written there came on for consideration by the Court the Motion to Submit Injury Record to Show Paralyzed State of Agrawal Under Seal filed by the Debtor on August 1, 2018 (the "Motion") [Doc. 272]. The Motion requests the Court to permit the filing under seal of "many photographs taken by others" of injuries sustained by the Debtor in a motor vehicle accident occurring on May 16, 2018....
ORDER DENYING MOTION TO AMEND OR ALTER ORDER FOR DISGORGEMENT OF FEES JANICE D. LOYD , Bankruptcy Judge . This matter came on for consideration upon SE Property Holdings, LLC's Motion to Alter or Amend Order on Disgorgement, Pursuant to Bankruptcy Rule 9023 filed on May 11, 2018 (the "Motion") [Doc. 581] and the Response of Ruston C. Welch and Welch Law Firm P.C. ("Welch") to SE Property Holdings, LLC's ("SEPH") Motion to Alter or Amend Order on Disgorgement filed on May 25, 2018 (the...
OPINION AND ORDER GRANTING PARTIAL MOTION FOR SUMMARY JUDGMENT Janice D. Loyd , U.S. Bankruptcy Judge . Arising out of litigation history extending back nearly a decade, in this multi-pronged adversary brought by the Debtor against his residence mortgagee, he seeks the judgment of this Court (1) disallowing the mortgagee's proof of claim on the basis that the mortgagee does not have standing to assert the same, (2) disallowing the mortgagee's proof of claim by virtue of the mortgagee's...
