MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The debtors have objected to the unsecured portion of claim No. 2-1 of AmeriCredit Financial Services, Inc. ("AmeriCredit") on the basis that the unsecured portion of the claim was discharged in a prior chapter 7 filed by the debtors. AmeriCredit has responded that the debtors are not entitled to the relief requested because the relief effectively seeks to strip down a lien currently held by AmeriCredit through disallowance of an unsecured claim....
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The court has before it the objection of First Tennessee Bank, N.A. (the "Bank") to the debtor's chapter 13 plan. The debtor granted a security interest to the Bank in her residence; nevertheless, the plan proposes to treat the Bank's claim as unsecured. The debtor contends that she may treat the Bank's claim that way because the Bank's claim is wholly unsecured. The debtor contends the value of the residence does not exceed the sum of the...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Terry Gregory, the Chapter 7 Trustee in this case, has objected to the debtors' claim of exemption. The Trustee objects to the debtors' claim of $6,819.83 attributable to the value of a 2007 Chevrolet Cobalt automobile. The basis of the objection is that the debtors are claiming the exemption in bad faith. The debtors failed to disclose that they owned a Cobalt in their schedules. Specifically, the debtors, who are listed as the owners of the...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Defendants F. Scott Leroy d/b/a LeRoy & Bickerstaff, F. Scott LeRoy; LeRoy & Bickerstaff, PLLC; LeRoy, Hurst & Bickerstaff, PLLC (collectively "LeRoy Defendants"); and C. Kenneth Still, trustee ("Trustee") move this court to dismiss the complaint of Plaintiff Nelson E. Bowers, II ("Bowers" or "Plaintiff") in this adversary proceeding. [Doc. Nos. 32, 50]. 1 Richard L. Banks, Andrew B. Morgan, and Richard Banks and Assoc. P.C. (collectively the "...
MEMORANDUM JOHN C. COOK, Bankruptcy Judge. This adversary proceeding is before the court on the parties' cross-motions for summary judgment, regarding the plaintiff's assertion that certain severance payments made by the debtor to the defendant are avoidable as fraudulent transfers. The defendant's motion also seeks summary judgment on the plaintiff's assertion that the payments are avoidable as preferential transfers. Having reviewed the motions, briefs, statements of undisputed material...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. On August 5, 2011, Grant, Konvalinka & Harrison, P.C. ("GKH") filed this lawsuit in the Circuit Court of Hamilton County, Tennessee against C. Kenneth Still ("Trustee"), Richard L. Banks ("Banks"), Richard Banks & Assoc., P.C. ("Banks P.C.") 1 and Steve A. McKenzie ("Debtor") alleging malicious prosecution and abuse of process ("Hamilton County M/P Lawsuit"). The malicious prosecution and abuse of process allegedly occurred in a lawsuit...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Defendant C. Kenneth Still, trustee ("Mr. Still" or "Trustee") moves this court to dismiss the complaint of Plaintiff Grant, Konvalinka & Harrison, P.C. ("GKH") in this adversary proceeding. [Doc. No. 5]. 1 GKH opposes the motion of the Trustee. [Doc. No. 8]. The court has reviewed the briefing filed by the parties, the pleadings at issue, and the applicable law and makes the following findings of fact and conclusions of law pursuant to Fed....
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The objection of the trustee to the Chapter 13 plan of Sharon Kay Hilliard came on for hearing on November 17, 2011. At that time the trustee and the debtor announced that they would be submitting the issues raised by the objection to the court on the basis of briefs and the court announced that it would render its opinion on January 19, 2012. At that time, the court read its oral opinion and now issues this written ruling at the request of the...
