MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE . The United States, acting on behalf of its agency the Army and Air Force Exchange Service ("AAFES"), has moved for retroactive modification of the automatic stay pursuant to 11 U.S.C. 362(d)(1) and (2) so that it may retain $4,405 received from the Department of the Treasury as an offset recognized by 11 U.S.C. 553. The Debtors oppose the relief requested on the grounds that AAFES has not proven it is entitled to an...
Not for publication. MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . Defendants, The Bank of New York Mellon (successor to Bank of New York, successor to JPMorgan Chase, Successor to Bank One, NA) and Select Portfolio Servicing, Inc., have moved for the court to dismiss this adversary proceeding pursuant to Federal Rules of Civil Procedure 8, 12(b)(1) and 12(b)(6) made applicable by Federal Rules of Bankruptcy Procedure 7008 and 7012. Plaintiffs, Michael Baum and Dianne Baum, have...
MEMORANDUM ON SUPPLEMENTAL REPORT AMENDING REPORT OF NO DISTRIBUTION AND MOTION TO COMPEL ABANDONMENT AND EXECUTION OF TRUSTEE'S DEED SUZANNE H. BAUKNIGHT , Bankruptcy Judge . Central to the dispute before the Court is a one-acre, unimproved lot that is property of the estate co-owned by the Trustee and Debtor-husband's parents, Benny and Ada East (the Easts). 1 The Property adjoins the Easts' 19.5 acres on which they live. It became property of the estate after the Trustee brought an...
MEMORANDUM REGARDING MOTION FOR DEFAULT JUDGMENT AGAINT THE ROBERT R. HATTAWAY LIVING TRUST SHELLEY D. RUCKER , Bankruptcy Judge . Plaintiff, Trudy Edwards, Trustee of the John Milton Arledge Chapter 7 Bankruptcy Estate ("Chapter 7 Trustee"), has filed this adversary proceeding seeking a judgment declaring transfers from John M. Arledge to Defendants null and void as fraudulent transfers, and that those assets be placed back in the Chapter 7 Bankruptcy Estate of John M. Arledge. Defendant...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . Plaintiff, Trudy Edwards, Trustee of the John Milton Arledge Chapter 7 Bankruptcy Estate ("Chapter 7 Trustee"), has filed this motion for summary judgment against Robert Hattaway, individually, in this adversary proceeding. She seeks a judgment declaring that transfers from John M. Arledge to Mr. Hattaway are null and void as fraudulent transfers, and that those assets be placed back in the Chapter 7 Bankruptcy Estate of John M. Arledge....
MEMORANDUM Nicholas W. Whittenburg , UNITED STATES BANKRUPTCY JUDGE . This case is before the court on the motion to dismiss pursuant to 11 U.S.C. 1208(b) filed by the debtor on August 18, 2016. Also pending are a motion to dismiss pursuant to 1208(c) filed by the United States trustee on August 30, 2016, and a motion to convert this case to chapter 7 pursuant to 1208(d) filed by the debtor's former spouse, Jill St. John, on April 18, 2016. The U.S. trustee's motion also seeks a...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . The Defendant-Debtor, Andrew Curtis, filed a motion in this proceeding seeking among other things an injunction of any further proceeding against him in the Chancery Court of Bradley County, Tennessee. Plaintiff, J & L Holding Company, has responded. This court has jurisdiction under 28 U.S.C. 1334 and 157(b)(2)(A) and (O). These are the court's findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052. It appears from the...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . Plaintiff, Jequita McGinness, has filed this adversary proceeding seeking a judgment that 1) determines if the Defendants hold a valid mortgage, including a determination on the legitimacy of a foreclosure sale; 2) if the Defendants do hold a valid mortgage, for it to be subordinated under 11 U.S.C. 510(c) to the interests of all of the claimants of the estate; and 3) awards damages for a violation of the Tennessee Consumer Protection Act....
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . Plaintiff Georgia Department of Human Services ("Plaintiff" or "DHS") obtained a decision from an administrative law judge for the Office of State Administrative Hearings in Georgia ("OSAH"). That decision, which the court will refer to as the "Final Decision," held Brandy Nicole Oberg (Debtor or Defendant) liable for the over-issuance of food stamps because she "intentionally violat[ed] the Food Stamp Program Regulations. 7 C.F.R. 273.16(...
MEMORANDUM ON FIRST APPLICATION OF HODGES, DOUGHTY & CARSON, PLLC, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES SUZANNE H. BAUKNIGHT , UNITED STATES BANKRUPTCY JUDGE . SUZANNE H. BAUKNIGHT UNITED STATES BANKRUPTCY JUDGE Debtor filed this Chapter 11 case on February 9, 2016. On May 27, 2016, Debtor's counsel filed the First Application of Hodges, Doughty & Carson, PLLC, for Compensation and Reimbursement of Expenses ("First Application") [Doc. 62], seeking total compensation in the...
MEMORANDUM ON SECOND AMENDED MOTION TO COMPROMISE SUZANNE H. BAUKNIGHT , Bankruptcy Judge . Before the Court is the Motion to Compromise, as twice amended (Compromise Motion), filed by W. Grey Steed, Chapter 7 Trustee (Trustee), seeking approval of a compromise and settlement between Debtor's bankruptcy estate and Regina Lambert. Objections have been filed by a number of creditors: Cary M. Franklin; Karen A. Franklin, Ph.D; The Franklin Group, LLC; and Daniel D'All (collectively, the...
MEMORANDUM ON TRUSTEE'S OBJECTION TO EXEMPTION SUZANNE H. BAUKNIGHT , UNITED STATES BANKRUPTCY JUDGE . This contested matter is before the Court on the Trustee's Objection to Debtor's Claim of Exemption Under T.C.A. 26-2-103 (Objection to Exemption) filed by the Chapter 7 Trustee, Ann Mostoller (Trustee), on October 20, 2015, objecting to the attempt by Debtor John Adams to exempt more than $10,000.00 in personal property under Tennessee Code Annotated 26-2-103. The record before the...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . This matter is before the court on the motions of National Data Center, Inc. and Valley of the Moon Royalties, Inc. to Deny Motion of Debtor for a Protective Order, or in the Alternative for a Motion for Summary Judgment on the Debtor's Motion for Protective Order ("Moore Motion") filed on March 13, 2015. The Moore Motion seeks to require National Data Center, Inc. ("NDC"), Valley of the Moon Royalties, Inc. ("VMR"), and certain unnamed...
MEMORANDUM Nicholas W. Whittenburg , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding is before the court on the Plaintiff's Motion for Summary Judgment filed on February 16, 2016. Having considered the motion, supporting and opposing briefs, and the plaintiff's statement of undisputed material facts and the defendants' responses thereto, the court will grant the motion. The pertinent facts are simple and undisputed. On March 21, 2003, the plaintiff purchased the property...
Memorandum Opinion SHELLEY D. RUCKER , Bankruptcy Judge . This case is before the court on the plaintiff's motion to alter, amend, or reconsider the court's prior order awarding the defendant attorney's fees arising from the plaintiff's failure to comply with the court's discovery orders. (Doc. No. 179). The court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 1334 and 157(b)(2)(J). For the reasons stated below, the court will deny the plaintiff's motion. I....
MEMORANDUM AND ORDER SHELLEY D. RUCKER , Bankruptcy Judge . The motions to extend the automatic stay as to South Central Tennessee Development District ("SCTDD") and Heritage South Community Credit Union ("Credit Union") came on for hearing on March 7, 2016, counsel for the debtor and both creditors appearing. The motion relating to SCTDD also included a request for turnover of equipment. SCTDD has filed a claim for $33,877.79 secured by the debtor's equipment including a 2011 John Deere...
MEMORANDUM ON MOTION OF PLAINTIFF MICHAEL KEARNS FOR SUMMARY JUDGMENT SUZANNE H. BAUKNIGHT , Bankruptcy Judge . Plaintiff Michael Kearns filed a Complaint to Determine Dischargeability of Debt, asking the Court to determine that a state-court judgment entered in his favor and against Defendant-Debtor David Havlovic in the amount of $389,214.51 is nondischargeable under 11 U.S.C. 523(a)(2) and/or (6). Kearns has now moved for summary judgment under subsection (a)(6), arguing that the...
MEMORANDUM ON MOTION TO REOPEN CASE SUZANNE H. BAUKNIGHT , Bankruptcy Judge . Through the Motion of Debtor, Rafia Nafees Khan, to Reopen Case ("Motion to Reopen") filed on October 26, 2015, Debtor asks the Court to reopen this discharged Chapter 7 case to adjudicate the meaning of an arbitration award confirmed by the Knox County Chancery Court against Debtor "as Trustee." If the Court grants the Motion to Reopen, Debtor intends to argue that Tennessee law imposes "legal responsibility . ....
Not for publication MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . Monford C. Rice, II, and Rebecca Rice (collectively "Plaintiffs") seek a judgment against Vincent Perry Morse ("Defendant" or "Debtor"), for $223,500, which they contend is nondischargeable debt pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), and 523(a)(6). In addition, the Plaintiffs object to the Debtor's discharge pursuant to 11 U.S.C. 727(a)(3), 727(a)(4)(A), and 727(a)(5). The Plaintiffs further seek treble...
ORDER Nicholas W. Whittenburg , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding is before the court on the Defendant the Art Institute of Pittsburgh's Motion to Compel Arbitration and Dismiss, or Alternatively, Stay Proceedings Pending Arbitration filed on December 17; 2015. The plaintiff did not file a response to the motion within twenty-one days after it was filed, and this court construes a failure timely to respond to a motion in an adversary proceeding "to mean that the...
