MEMORANDUM OPINION MARIAN F. HARRISON, Bankruptcy Judge. This matter is before the Court upon the Trustee's complaint for turnover against Singletary Construction LLC, Bert Singletary, and Linda Singletary (hereinafter collectively "Singletary") and Singletary's counter-claim against the estate. For the following reasons, which represent the Court's findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a)(1), as incorporated by Fed. R. Bankr.P. 7052, the Court finds that the...
MEMORANDUM OPINION RANDAL S. MASHBURN, Bankruptcy Judge. A state court judgment reciting a key dischargeability phrase from the applicable bankruptcy statute does not automatically have preclusive effect in bankruptcy court. As this case demonstrates, merely inserting the word "fraud" into a state court judgment will not necessarily be enough to assure the nondischargeability of a debt. Relying upon principles of collateral estoppel, SunTrust Bank filed a summary judgment motion asking this...
MEMORANDUM OPINION KEITH M. LUNDIN, Chief Judge. The issue is whether lessors of debtor's corporate headquarters are entitled to administrative expense priority under either 11 U.S.C. 365(d)(3) or 503(b)(1) for 25 days of unpaid "stub rent" 1 for the period between the Chapter 11 petition and the first postpetition rent payment. Applying Koenig Sporting Goods, Inc. v. Morse Road Company (In re Koenig Sporting Goods, Inc.), 203 F.3d 986 (6th Cir.2000), and BK Novi Project L.L.C. v....
