MEMORANDUM OPINION KLINETTE H. KINDRED , Bankruptcy Judge . Before the Court is Philip Jay Fetner's ("Fetner" or "debtor") Motion to Approve Debtor's Motion for Recusal ("Recusal Motion"). (Docket. No. 98). Creditor Hotel Street Capital, LLC has filed an Objection to the recusal motion. (Docket. No. 103). For the reasons that follow, this motion will be DENIED. Background Mr. Fetner filed a petition under Chapter 11 of the Bankruptcy Code on Sept. 7, 2017. His schedules list $7,629,496...
MEMORANDUM OPINION BRIAN F. KENNEY , Bankruptcy Judge . This matter is before the Court on cross-motions for summary judgment. The Defendant, T&B Electric, LLC ("T&B") filed its Motion on November 25, 2019. Docket No. 11. The Plaintiff-Trustee filed his Motion on November 26, 2019. Docket No. 13. The Trustee filed an Opposition to T&B's Motion on December 27, 2019. Docket No. 24. T&B did not file a separate Opposition to the Trustee's Motion, but the Court considers the Memorandum in...
MEMORANDUM OPINION Keith L. Phillips , United States Bankruptcy Judge . This matter comes on the motion (the "Motion") of the Defendant, Donlen Trust, to dismiss the complaint filed by Wayne Services Legacy Inc. ("Wayne Services") for lack of jurisdiction and for failure to state a claim. In the Motion, Donlen Trust alternatively seeks judgment on the pleadings. For the reasons stated below, the Motion is denied. Preliminary Statement Wayne Services, the successor entity to the Toys-...
MEMORANDUM OPINION Klinette H. Kindred , United States Bankruptcy Judge . This matter came before the Court on the Debtor, Byron David's, Omnibus Objections to Claims 3-3, 4-3, 5-3, 6-3 and 7-3 (Docket Nos. 65-69) filed by Summit Community Bank ("Summit"). 1 Summit filed Responses to the Debtor's Objections at Docket Nos. 85, 86, 88, 89 and 90. The Court conducted an evidentiary hearing on the Objections on October 9, 2019. At the conclusion of the hearing, the Court took the matters...
