OPINION GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge. In this appeal, the debtors, Steven J. Weixel and Ann M. Weixel (the "Weixels"), appeal the bankruptcy court's order dismissing their Chapter 7 case as an abuse under 11 U.S.C. 707(b)(1) and (3). For the reasons stated in this opinion, the Panel determines that the bankruptcy court's order should be affirmed. I. ISSUE ON APPEAL The issue on appeal is whether the bankruptcy court erred in determining the totality of the...
OPINION MARCI B. McIVOR, Bankruptcy Appellate Panel Judge. In this appeal, Quick Capital of L.I. Corp. ("Quick Capital") and its owner, Ted Doukas, appeal an order entered by the bankruptcy court disallowing the claims filed by Quick Capital against the estate of debtor George Bavelis. 1 Appellants also appeal the bankruptcy court's finding that neither Mr. Doukas, nor any of his companies, have claims against Mr. Bavelis or his bankruptcy estate. Specifically, the bankruptcy court found: (1)...
OPINION GEORGE W. EMERSON, JR., Bankruptcy Judge. Debtor Mark Wesley Winters ("Debtor") appeals the memorandum opinion and order of the United States Bankruptcy Court for the Middle District of Tennessee (the "bankruptcy court") granting partial summary judgment to Douglas H. Shulman, Commissioner of the Internal Revenue Service, and United States of America, through its agency, the Internal Revenue Service (hereinafter "IRS"). The bankruptcy court concluded that the IRS's claim of $226,...
OPINION JOAN A. LLOYD, Bankruptcy Appellate Panel Judge. Scott Johannes sen (the "Appellant") appeals the United States Bankruptcy Court for the Middle District of Tennessee's (the "Bankruptcy Court") order of April 12, 2013, dismissing the Debtor's Chapter 11 case (the "Dismissal Order") under 11 U.S.C. 1112(b). The Appellant also appeals the Bankruptcy Court's order (the "Post-Dismissal Order") of April 17, 2013, granting in part and denying in part the Appellant's Request for...
OPINION C. KATHRYN PRESTON, Bankruptcy Judge. Sherri J. Nicodemus ("Debtor" or "Defendant") appeals the order of the bankruptcy court determining that the entire debt owed to Laverne K. Lowry ("Plaintiff") in the amount of $32,186.90 plus interest pursuant to a state court judgment, is nondischargeable under 523(a)(2)(A). The total sum consists of $9,386.90 in damages for failure to comply with a settlement agreement and $22,800.00 in sanctions for contemptuous failure to comply with a...
OPINION GUY R. HUMPHREY, Bankruptcy Judge. In this appeal, the debtors, Steven J. Weixel and Ann M. Weixel (the "Weixels"), appeal the bankruptcy court's order dismissing their Chapter 7 case as an abuse under 11 U.S.C. 707(b)(1) and (3). For the reasons stated in this opinion, the Panel determines that the bankruptcy court's order should be affirmed. I. ISSUE ON APPEAL The issue on appeal is whether the bankruptcy court erred in determining the totality of the circumstances of the...
OPINION ARTHUR I. HARRIS, Bankruptcy Judge. This appeal requires us to explore the complex intersection between environmental law and bankruptcy. At issue is whether the bankruptcy court abused its discretion when it denied an application for administrative expenses filed by the West Virginia Department of Environmental Protection (WVDEP) against two affiliated Chapter 11 debtors. The bankruptcy court denied WVDEP's administrative expense claims in their entirety after addressing the...
OPINION ARTHUR I. HARRIS, Bankruptcy Judge. The debtors in five jointly administered Chapter 11 cases ("Debtors") and their general partners ("General Partners") (collectively, "Appellants") appeal the bankruptcy court's dismissal of the Debtors' cases pursuant to 11 U.S.C. 1112(b). For the reasons that follow, we affirm. I. ISSUES ON APPEAL The issue presented by this appeal is whether the bankruptcy court abused its discretion in dismissing the Debtors' jointly administered Chapter 11...
OPINION MARCI B. McIVOR, Chief Bankruptcy Appellate Panel Judge. Michael Hogan and Anette Hogan ("Appellants") filed an adversary complaint seeking to have a $513,000 debt owed to them by Brian Keith George and Olga George ("Debtors"), declared nondischargeable pursuant to 11 U.S.C. 523(a)(2) and (a)(6). The Appellants' appeal the bankruptcy court's order court granting partial summary judgment and excepting from discharge for fraud under 11 U.S.C. 523(a)(2)(A), damages in the amount $171,...
