MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The plaintiff debtor Gregory Lee Taylor ("Plaintiff" or "Debtor") has filed this adversary proceeding against the defendant Commissioner of the Internal Revenue Service and the United States of America, through its agency the Internal Revenue Service (collectively "IRS") seeking a declaratory judgment pursuant to 11 U.S.C. 507(a)(8)(A)(ii) to determine the amount of taxes owed for 2007 and 2008. See [Doc. No. 1, Complaint]. 1 The IRS moves...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The Debtor filed an Application for Additional Compensation for Non-Routine Services on July 8, 2014 related to "non-routine" objections to claims made by RJM Acquisitions LLC, Cavalry Investments LLC, Premier BankCard/Charter, and Resurgent Capital Services, and the Trustee filed a Reply to the Application for Additional Compensation on the sole ground that the requested fees substantially eliminated any benefit to the estate realized by the...
MEMORANDUM SHELLEY D. RUCKER, Judge. The Debtors filed a Supplemental Fee Request for Non-Routine Services on June 19, 2014 related to "non-routine" objections to two claims made by Quantum3 Group LLC as agent for CF Medical V LLC, and the Trustee filed a Reply to the Supplemental Fee Request on the sole grounds that the requested fees substantially eliminated any benefit to the estate realized by the disallowance of those claims. After hearing argument on September 11, 2014 pertaining to...
ORDER & MEMORANDUM SHELLEY D. RUCKER Bankruptcy Judge. The Debtor filed an Application for Additional Compensation for Non-Routine Services on July 3, 2014 related to "non-routine" objections to two claims made by Quantum3 Group LLC as agent for Capio Partners LLC, and the Trustee filed an Objection to Application for Additional Compensation on the sole grounds that the requested fees substantially eliminated any benefit to the estate realized by the disallowance of those claims. After...
ORDER & MEMORANDUM SHELLEY D. RUCKER, Judge. The Debtors filed an Application for Additional Compensation for Non-Routine Services on July 3, 2014 related to "non-routine" objections to two claims made by Quantum3 Group LLC as agent for Crown Asset Management LLC and Genesis Financial Solutions Inc and one claim by Resurgent Capital Services as agent for LVNV Funding LLC, and the Trustee filed an Objection to the Application for Additional Compensation on the sole ground that the requested...
ORDER & MEMORANDUM SHELLEY D. RUCKER, Judge. The Debtor filed a Supplemental Fee Request for Non-Routine Services on July 3, 2014 related to "non-routine" objections to two claims made by Quantum3 Group LLC as agent for Capio Partners LLC, and the Trustee filed an Objection to the Supplemental Fee Request on the sole ground that the requested fees substantially eliminated any benefit to the estate realized by the disallowance of those claims. After hearing argument on September 11, 2014...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Debtors Rocky Dee Alexander and Tracey Annette Alexander (collectively "Debtors") filed a Supplemental Fee Request for Non-Routine Services on July 3, 2014 related to "non-routine" objections to four claims: Claim No. 14 — RJM Acquisitions, LLC; Claim No. 15 — RJM Acquisitions, LLC, Claim No. 24 — Resurgent Capital Services, LLC; and, Claim No. 27 — Memorial Heart Institute, LLC. On July 21, 2014, the Chapter 13 Trustee filed an Objection to...
MEMORANDUM SHELLEY RUCKER, Bankruptcy Judge. This case presents the issue of whether, under 11 U.S.C. 523(a)(5) or (15), the Court can enter an Order finding that certain obligations arising under a divorce decree are non-dischargeable when the amount and nature of those obligations is still in dispute in the state courts. Plaintiff Mitzi Sue Garner ("Plaintiff"), brings this action against defendant debtor Robert Allen Garner ("Defendant" or "Debtor"), her former spouse, pursuant to 11 U....
MEMORANDUM SHELLY D. RUCKER , Bankruptcy Judge . Defendant Comenity Capital Bank ("Bank") and its agent, Quantum3 Group LLC ("Quantum3"), (collectively "Defendants") move to dismiss this adversary proceeding. [Doc. No. 8]. 1 Plaintiff debtor James Moore ("Plaintiff" or "Debtor") opposes the motion. [Doc. Nos. 20, 21]. The Debtor's complaint asserts a claim for violation of 11 U.S.C. 1328(c) and asks that this court declare the Defendants in contempt for willful violation of the court'...
MEMORANDUM JOHN C. COOK, Bankruptcy Judge. The plaintiff in this adversary proceeding, C. Kenneth Still as trustee for the bankruptcy estate of debtor Steve A. McKenzie, seeks to avoid, pursuant to 11 U.S.C. 549, an alleged transfer by the debtor to the defendant, Nelson Bowers II, 1 of the debtor's membership interest in a limited liability company. The defendant argues that the plaintiff's action is barred by the statute of limitations and denies that a transfer of the membership...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Plaintiff Jared Smith ("Plaintiff") has filed this adversary proceeding against defendant debtors Vincent Perry Morse and Mary Lynn Morse (collectively "Defendants" or "Debtors") seeking a judgment from this court that a debt in the amount of $100,000 is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), 523(a)(6) and 11 U.S.C. 727(a)(3), 727(a)(4)(A), and 727(a)(5). [Doc. No. 1, Complaint]. 1 The Plaintiff further seeks...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The objection of FirstBank to the exemptions claimed by the debtors came on for hearing on January 2, 2013. [Doc. No. 212]. Counsel for FirstBank and the debtors appeared. This court has jurisdiction based on 28 U.S.C. 1334 and 157(b)(2)(B). The court makes the following findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052, as made applicable to contested matters by Fed. R. Bankr.P. 9014. For the reasons stated below,...
MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Plaintiffs Monford C. Rice, II and Rebecca Rice (collectively "Plaintiffs") filed this adversary proceeding against defendant debtor Vincent Perry Morse ("Defendant" or "Debtor") seeking a judgment from this court that a debt in the amount of $223,500 is non-dischargeable pursuant to 11 U.S.C. 523(a)(6), 523(a)(4), and 523(a)(2)(A). [Doc. No. 1, Complaint]. 1 The Plaintiffs further seek interest, attorneys' fees and costs. The Defendant...
