Memorandum Opinion and Order Abstaining Pursuant to 28 U.S.C. 1334(c)(1) and Granting Relief From the Stay to Arbitrate Claim BENJAMIN COHEN, Bankruptcy Judge. The matters before the Court are: 1. The Debtor's Objection to Proof of Claim Number 802 Filed by United Food and Commercial Workers Unions and Employers Pension Fund filed on August 7, 2009. Docket No. 1355; 2. The Motion of the United Food and Commercial Workers Unions and Employers Pension Fund to Compel Arbitration or,...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. This matter having come before the Court for trial on the complaint in the above referenced matter, and the Court having considered the evidence submitted at trial and the post-trial briefs filed by the parties, the Court hereby finds that the debt at issue is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(B). Section 523(a)(2)(B) makes nondischargeable (a) .... any debt— (2) for money, property, services, or an extension, renewal, or...
MEMORANDUM OPINION TAMARA O. MITCHELL, Bankruptcy Judge. This matter is before the Court on Don Armstrong's ("Plaintiff") Motion For Partial Summary Judgment ("Motion") and Cornelius McGinnis' ("Defendant") Response To Motion For Partial Summary Judgment ("Response"). The Court held a hearing on Plaintiff's Motion and Defendant's Response on July 11, 2011. Appearing at this hearing were William Dennis Schilling, counsel for the Plaintiff, and Michael Antonio, counsel for the Defendant. This...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge This case is before the Court on motion filed by Ronald T. Molitor ("Molitor"), as personal representative of the estate of Lilly H. Molitor, deceased, for relief from stay to proceed with two state court actions and to enforce a judgment lien in debtor's non-exempt real and tangible property. This memorandum opinion supplements the findings of facts and conclusions of law dictated into the record in open court on May 23, 2011. On March 25,...
NOT INTENDED FOR PUBLICATION MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL, Bankruptcy Judge This matter comes before the Court on the Chapter 13 Trustee's Objection To Confirmation And Motion To Dismiss ("Objection And Motion") and a hearing on confirmation. Hearings were held on this matter on January 6, 2011 and January 20, 2011 during which counsel for the Debtor, Harvey Campbell, and the Chapter 13 Trustee, D. Sims Crawford, or the Assistant Chapter 13 Trustee, Charles King, were...
MEMORANDUM OPINION Jack Caddell, Bankruptcy Judge. On February 15, 2011, this Court held a trial in the above styled adversary proceeding. At the conclusion of the trial, the Court dictated its ruling into the record in open court granting judgment in favor of the plaintiff, Bankston Motor Homes, pursuant to 11 U.S.C. 523(a)(2), (4) and (6). This opinion supplements the findings of facts and conclusions of law dictated into the record in open court. I. BACKGROUND 1. On March 29, 2010,...
