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...
