ORDER DENYING MOTION TO REOPEN GEORGE W. EMERSON, Jr. , Bankruptcy Judge . This matter is before the Court on motion of Saint Michael Motor Express ("Debtor/Corporation") to reopen this Chapter 7 Case for the sole purpose of filing a motion for relief from this Court's Memorandum Opinion and Order, entered in Adversary Proceeding No. 13-05148, on August 21, 2015. A joint objection to the motion to reopen was filed in the main bankruptcy case (Chapter 7 Case No. 08-11838) by Flying J, Inc.,...
MEMORANDUM AND ORDER RE GRANTING "MOTION TO LIFT AUTOMATIC STAY TO PERMIT ARBITRATION OF CLAIMS" COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE . INTRODUCTION This core proceeding under 28 U.S.C. 157(b)(2)(B) and (G) arises out of a "Motion To Lift Automatic Stay To Permit Arbitration of Claims" (hereinafter "Motion") filed by David J. Cocke, Esquire ("Mr. Cocke"), under 11 U.S.C. 362(d)(1) for and on behalf of...
MEMORANDUM OPINION AND ORDER ON MOTION OF MILLS-WILSON-GEORGE COMPANY, INC. TO LIFT AUTOMATIC STAY AND FINDING NO STAY IN EFFECT AS TO PROPERTY LOCATED AT 212 SOUTH MAIN STREET, MEMPHIS, TENNESSEE PAULETTE J. DELK , Bankruptcy Judge . This matter came before the Court on the Motion to Lift Automatic Stay ("Motion") filed by Mills-Wilson-George Company, Inc. ("Creditor") in the Chapter 11 case filed on May 17, 2016 by Bluff City Sheet Metal ("Debtor"). A hearing on the Motion was held on...
ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of the Debtors, Patrick Lee Washington, Sr. and Demetrice Ann Washington, to avoid the judicial lien held by A & A Financial, LLC. The motion recites as follows: 1. The Debtors' Chapter 7 bankruptcy case was filed October 24, 2015. 2. A & A holds a judgment lien in the amount of $9,213.66 resulting from a judgment rendered by the General Sessions Court on May 3, 2011. 3. The...
ORDER GRANTING TRUSTEE'S MOTION TO COMPEL TURNOVER Jennie D. Latta , UNITED STATES BANKRUPTCY JUDGE . BEFORE THE COURT is the motion of Bettye S. Bedwell, Chapter 7 Trustee (the "Trustee"), seeking an order compelling the turnover of property of the estate. At issue are four deposit accounts maintained by the Debtor and/or Elite Contracting Management at Regions Bank. The Debtor consents to the release of two of the accounts, which he treats as personal accounts, but resists the turnover...
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTORS' CLAIMS OF EXEMPTION PAULETTE J. DELK , Bankruptcy Judge . The matter before the court is the Trustee's Objection to the Debtors' Claims of Exemptions in certain life insurance policies. The controlling Tennessee insurance exemption statute is Tenn. Code Ann. 56-7-203, titled "Life Insurance or annuity for or assigned to spouse or children or dependent relatives exempt from claims of creditors." The statute provides...
ORDER DENYING MOTION TO REOPEN GEORGE W. EMERSON, Jr. , Bankruptcy Judge . This matter is before the Court on motion of Saint Michael Motor Express ("Debtor/Corporation") to reopen this Chapter 7 Case for the sole purpose of filing a motion for relief from this Court's Memorandum Opinion and Order, entered in Adversary Proceeding No. 13-05148, on August 21, 2015. A joint objection to the motion to reopen was filed in the main bankruptcy case (Chapter 7 Case No. 08-11838) by Flying J, Inc.,...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is a motion for summary judgment filed February 2, 2016, by the Defendant, Dixie Rents, Inc. ("Dixie Rents"). The Plaintiff, Gregory Don Shaw, Jr., filed his response on March 3, 2016. In this proceeding, with respect to Dixie Rents, the Plaintiff seeks a declaration that a settlement agreement executed by Defendant Darryl Humphrey on his behalf was unauthorized. Further, the Plaintiff seeks a...
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTORS' CLAIMS OF EXEMPTION EDUARDO V RODRIGUEZ , Bankruptcy Judge . The matter before the court is the Trustee's Objection to the Debtors' Claims of Exemptions in certain life insurance policies. The controlling Tennessee insurance exemption statute is Tenn. Code Ann. 56-7-203, titled "Life Insurance or annuity for or assigned to spouse or children or dependent relatives exempt from claims of creditors." The statute...
ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of the Debtors, Patrick Lee Washington, Sr. and Demetrice Ann Washington, to avoid the judicial lien held by A & A Financial, LLC. The motion recites as follows: 1. The Debtors' Chapter 7 bankruptcy case was filed October 24, 2015. 2. A & A holds a judgment lien in the amount of $9,213.66 resulting from a judgment rendered by the General Sessions Court on May 3, 2011. 3. The...
