FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Bankruptcy Judge . This matter came before the Court upon hearing the "Debtor's Amended Application Pursuant to Section 327(a) of the Bankruptcy Code and Bankruptcy Rule 2014 for an Order Authorizing the Retention and Employment of the Law Offices of Steven M. Dowd as Attorneys for Debtor and Debtor-in-Possession Nunc Pro Tunc" filed in the above-referenced cases by HML Enterprises, LLC ("HML") and Poultry Pellets of Arcadia, LLC ("...
BILL PARKER , Bankruptcy Judge . FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 Upon trial of the portion of the complaint filed by the Plaintiff, Benchmark Bank, seeking to deny the entry of a Chapter 7 discharge in favor of the Debtor-Defendant, William Gary Stapleton, pursuant to 11 U.S.C 727(a)(2)(B) and (a)(4)(A), the Court issues the following findings of fact and conclusions of law. This memorandum disposes of all issues pending before the Court. FINDINGS OF FACT 1. On October 24,...
MEMORANDUM OF DECISION BILL PARKER , Bankruptcy Judge . This matter is before the Court upon hearing of the Motion to Examine Transactions with Debtor's Counsel (the "Motion") filed by Edwin N. Healey (the "Movant"), a creditor and party-in-interest in the above-referenced bankruptcy case. The Motion challenges the propriety of a retainer paid by the Debtor, Edwin Peter Healey (the "Debtor") to his state court attorneys in the days immediately prior to the filing of the Debtor's Chapter 7...
MEMORANDUM OPINION AND ORDER BRENDA T. RHOADES , Bankruptcy Judge . The debtor in this case, Elizabeth Bratton Moore, claims her Individual Retirement Account ("IRA") as exempt from her creditors under Texas law. Christopher Moser, the chapter 7 trustee, objects to her claimed exemption. The Court conducted an evidentiary hearing on the objection on April 7, 2016. The Court exercises its core jurisdiction over this contested matter, see 28 U.S.C. 157(b)(2)(B) and 1334, and makes the...
NOT FOR PUBLICATION HONORABLE BILL PARKER , Bankruptcy Judge . FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 Upon trial of the complaint filed by the Plaintiff, Taylor Danielle Jimmerson (the "Plaintiff"), in the above-referenced adversary proceeding, the Court issues the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52, as incorporated into adversary proceedings in bankruptcy cases by Fed. R. Bankr. P. 7052. FINDINGS OF FACT 1. The complaint objects to...
MEMORANDUM OF DECISION PERTAINING TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment filed by the Plaintiff, Betsy Mowery ("Plaintiff"), in the above-referenced adversary proceeding, the response filed in opposition to the Motion by the Defendant, Shane O'Neal ("Defendant" or "Debtor"), and the Plaintiff's reply thereto. Upon due consideration of the pleadings, the proper summary judgment...
MEMORANDUM OPINION AND ORDER DENYING CLOVIS PRINCE'S MOTION FOR RECUSAL BRENDA T. RHOADES , Bankruptcy Judge . On March 9, 2016, Clovis Prince, acting pro se, filed a motion for recusal under 28 U.S.C. 455. 1 Prince challenges the impartiality of the undersigned bankruptcy judge and charges her with bias based on her adverse rulings in connection with various matters. In his motion, Prince requests that the undersigned bankruptcy judge recuse herself from deciding his pending request...
MEMORANDUM OF DECISION 1 BILL PARKER , Bankruptcy Judge . This matter is before the Court to consider the Motion to Enforce Plan Provisions filed by the confirmed liquidating Debtor, House Nursery, Ltd. ("Debtor") and the objection filed thereto by Regions Bank, a secured creditor (the "Bank"). The Motion seeks a declaration and enforcement of certain terms of the Chapter 11 plan of reorganization that was confirmed in this Court by an order entered on May 27, 2014, which the Debtor...
MEMORANDUM OF DECISION REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment and Incorporated Brief in Support, filed by the Defendant, Suresh Koosyial ("Defendant" or "Debtor"), in the above-referenced adversary proceeding. The Plaintiff, Commonwealth Land Title Insurance Company ("Commonwealth" or "Plaintiff") failed to file a response in opposition to the Motion filed by the Defendant. 1 The...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment filed by the Plaintiff, Commonwealth Land Title Insurance Company ("Commonwealth" or "Plaintiff"), in the above-referenced adversary proceeding. The Defendant, Suresh Koosyial ("Defendant" or "Debtor"), failed to file a response in opposition to the Motion filed by the Plaintiff. 1 The Plaintiff's complaint seeks: (1)...
