MEMORANDUM OPINION RE: CHAPTER 11 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AS TO CNH INDUSTRIAL CAPITAL AMERICA, LLC'S AMENDED MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Jimmy L. Croom , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the chapter 11 trustee's ("Trustee") motion for summary judgment as to CNH Industrial Capital America, LLC's ("CNHi") amended motion for allowance of an administrative expense claim. The Trustee asserts she is entitled to summary...
ORDER DENYING MOTION TO STRIKE CERTAIN ITEMS FROM APPELLANTS' DESIGNATION OF RECORD ON APPEAL JIMMY L. CROOM , Bankruptcy Judge . At issue in this proceeding is whether three items the debtors designated as part of the record on appeal should be stricken. The defendant asserts these items were improperly designated because (1) none of these documents were entered into evidence during the trial in this matter and (2) the Court did not rely on the documents in ruling on the dischargeability...
MEMORANDUM OPINION RE: CHAPTER 7 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AS TO CNH INDUSTRIAL CAPITAL AMERICA, LLC'S AMENDED MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Jimmy L. Croom , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the chapter 7 trustee's ("Trustee") motion for summary judgment as to CNH Industrial Capital America, LLC's ("CNHi") amended motion for allowance of an administrative expense claim. The Trustee asserts she is entitled to summary...
ORDER GRANTING COUNTER-DEFENDANT'S MOTION TO DISMISS COUNTER-PLAINTIFF'S COUNTERCLAIM AS TO FRAUD/MISREPRESENTATION ONLY JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of Plaintiff/Counter-Defendant Joseph B. Sharp, II, [Adv. Proc. Dkt. No. 16] to dismiss the Counterclaim [Adv. Proc. Dkt. No. 6, p. 3] raised by Defendant/Counter-Plaintiff Amy Deevers Long ("Long") pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be...
MEMORANDUM AND ORDER RE DEBTOR'S "EMERGENCY MOTION TO STAY COURT'S ORDER PENDING APPEAL" COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY , Bankruptcy Judge . INTRODUCTION The above-named Chapter 11 debtor, William H. Thomas, Jr., aka Bill Thomas ("Mr. Thomas"), acting pro se , filed an "Emergency Motion to Stay Court's Order Pending Appeal" ("Motion"), pursuant to FED. R. BANKR. P. 8007, after filing a notice of appeal arising out of this Court's January 18,...
MEMORANDUM AND ORDER RE "CLEAR CHANNEL OUTDOOR, INC.'S RENEWED MOTION FOR APPOINTMENT OF CHAPTER 11 TRUSTEE" COMBINED WITH NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE . INTRODUCTION Clear Channel Outdoor, Inc. ("Clear Channel"), a prepetition judicial lien creditor, filed the instant motion under 11 U.S.C. 1104(a)(1)-(2) ("Motion") originally seeking the appointment of a Chapter 11 trustee with "limited powers." 1 Creditor, the Tennessee...
