MEMORANDUM CHARLES M. WALKER , Bankruptcy Judge . This matter is before the Court on remand from the Sixth Circuit Bankruptcy Appellate Panel ("Panel") for determination of one issue: did the petitioning creditor rely to his detriment on the alleged debtors' misrepresentations in a state court proceeding when he filed involuntary bankruptcy cases against them as the sole petitioning creditor Background Ivan Qi ("Mr. Qi") entered into an agreed judgment in the amount of $2.5 million in...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . This matter is before the Court upon the United States Trustee's ("UST") motion to dismiss pursuant to 11 U.S.C. 707(b)(2) and (b)(3), or in the alternative, 11 U.S.C. 707(a). For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Federal Rule of Bankruptcy Procedure 7052, as made applicable by Federal Rule of Bankruptcy Procedure 9014(c), the Court finds that the UST's...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . This matter is before the Court upon Paul Allen's ("Mr. Allen") complaint to determine the dischargeability of his claim pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4), (a)(6), and (a)(10). Mr. Allen also asserts that the debtor, Michael Ross Smith ("Mr. Smith"), violated the Tennessee Consumer Protection Act ("TCPA") and that he is entitled to attorney fees and treble damages. For the following reasons, which represent the Court'...
ORDER GRANTING IN PART AND DENYING IN PART THE FIRST AND FINAL APPLICATION FOR COMPENSATION FOR SUSAN R. LIMOR, ATTORNEY AT LAW, PC ATTORNEYS FOR TRUSTEE THE HONORABLE CHARLES M. WALKER , UNITED STATES BANKRUPTCY JUDGE . This matter was before the court for consideration of the first and final application for compensation for Susan R. Limor, Attorney at Law, PC as attorneys for the Chapter 7 trustee. The Court having considered the application, the objections, the agreed order with the...
Memorandum Opinion THE HONORABLE CHARLES M. WALKER , UNITED STATES BANKRUPTCY JUDGE . Before the court is the reorganized debtor, Mountain Glacier, LLC's (the "Debtor") adversary Complaint against Nestle Waters North America, Inc. ("Nestle") seeking declaratory judgment pursuant to 28 U.S.C. 220. The Debtor seeks a determination as to whether the Debtor's confirmed plan of reorganization preserved its interest in and right to pursue a prepetition claim against Nestle. The Debtor now...
