MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . Samuel K. Crocker, United States Trustee for Region 8 (hereinafter "U.S. Trustee"), filed the above-styled adversary complaint to determine whether the debtors should be denied a discharge pursuant to 11 U.S.C. 727(a)(2), (a)(3), (a)(4), and (a)(5). 1 For the following reasons, which represent the Court's findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a)(1), as incorporated by Federal...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon the Chapter 7 Trustee's (hereinafter "Trustee") motion to disallow the claims of Cengage Learning, Inc., Pearson Education, Inc., John Wiley & Sons, Inc., Elsevier, Ltd., and McGraw-Hill Global Education Holdings, LLC (hereinafter collectively "Publishers"). The Trustee asserts that the Publishers' claims should be disallowed because the debtor is not the entity that infringed on the Publishers'...
MEMORANDUM OPINION MARIAN F. HARRISON , Judge . This matter came to be heard upon Heritage Bank, USA, Inc.'s (hereinafter "Heritage Bank") motion to dismiss or convert, the debtor's Amended Second Disclosure Statement, and the debtor's request for the continued use of cash collateral. 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, and made applicable by Fed. R....
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon the debtor's Motion to Enforce Settlement Agreement Combined with Motion to Dismiss the above-styled adversary proceeding and the defendant's Motion for Entry of Default. The Court took the matter under advisement to review all the pleadings and exhibits, including particularly the Marital Dissolution Agreement, as incorporated into the Final Decree for Divorce, entered on February 8, 2016, in the...
OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came before the Court on the Chapter 13 Trustee's objection to the debtor's motion to modify her plan. The Chapter 13 Trustee objected to the motion because the proposed modifications would shorten the length of the debtor's confirmed plan below the applicable commitment period, as required by 11 U.S.C. 1325(b), without paying unsecured creditors in full. The Court agrees with the Chapter 13 Trustee. I. FACTS The relevant...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . The plaintiff, MarketGraphics Research Group, Inc. (hereinafter "MarketGraphics") filed the above-styled adversary complaint to determine whether its claim against the debtor is non-dischargeable pursuant to 11 U.S.C. 523(a)(6). 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 MARIAN F. HARRISON , Bankruptcy Judge . In the above-styled adversary, the Chapter 7 Trustee (hereinafter "Trustee") raises claims for violation of Illinois law for breach of fiduciary duty and conversion in connection with a joint venture relating to land and a billboard sign lease. Summary judgment motions were filed by Sidney Oko (hereinafter "Mr. Oko") and Green Oaks Partners, LLC (hereinafter "GOP") (hereinafter collectively "the defendants"). 1 The Court notes the...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon the debtor's Motion to Enforce Settlement Agreement Combined with Motion to Dismiss the above-styled adversary proceeding and the defendant's Motion for Entry of Default. The Court took the matter under advisement to review all the pleadings and exhibits, including particularly the Marital Dissolution Agreement, as incorporated into the Final Decree for Divorce, entered on February 8, 2016, in the...
OPINION RANDAL S MASHBURN , Bankruptcy Judge . This matter came before the Court on the Chapter 13 Trustee's objection to the debtor's motion to modify her plan. The Chapter 13 Trustee objected to the motion because the proposed modifications would shorten the length of the debtor's confirmed plan below the applicable commitment period, as required by 11 U.S.C. 1325(b), without paying unsecured creditors in full. The Court agrees with the Chapter 13 Trustee. I. FACTS The relevant...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon Heritage Bank, USA, Inc.'s (hereinafter "Heritage Bank") motion to dismiss or convert, the debtor's Amended Second Disclosure Statement, and the debtor's request for the continued use of cash collateral. 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, and made applicable...
OPINION KEITH M LUNDIN , Bankruptcy Judge . This matter came before the Court on the Chapter 13 Trustee's (hereinafter "Trustee") motion to disallow the claim of LVNV Funding, LLC (hereinafter "LVNV"). For the following reasons, the Court finds that the Trustee's motion should be granted and that LVNV's claim should be disallowed. I. FACTS The relevant facts have been stipulated by the parties. On July 10, 2008, the debtor filed a voluntary Chapter 13 petition (Case No. 308-05880)....
OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came before the Court on motions for judgment on the pleadings filed by the plaintiff and by defendants Howard Gentry, Criminal Court Clerk, and the Metropolitan Government of Nashville and Davidson County (hereinafter "Criminal Court Clerk"). For the following reasons, the Court finds that the plaintiff's motion should be denied, the Criminal Court Clerk's motion should be granted, and that the above-styled adversary proceeding...
