MEMORANDUM OPINION GREGORY R. SCHAAF , Bankruptcy Judge . The United States Trustee seeks denial of Defendant Debtor Jason Whitaker's chapter 7 discharge pursuant to 11 U.S.C. 727(a)(3) and 727(a)(5). 1 The record confirms that Whitaker is not entitled to a discharge. I. RELEVANT FACTS AND PROCEDURAL HISTORY. A. General Background. Whitaker filed for chapter 7 relief on February 27, 2018. [Bankr. ECF No. 1.] He scheduled $218,986.12 in assets and $2,323,916.53 in liabilities. [ Id....
MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT AGAINST DEFENDANT BANK OF THE WEST GREGORY R. SCHAAF , Bankruptcy Judge . Plaintiff James Westenhoefer requests a summary judgment that the lien of Defendant Bank of the West on a 2015 Rockwood Travel Trailer, VIN No. 4X4TRLF26F1863590, is not properly perfected. [ECF No. 24.] See also FED. R. CIV. PROC. 56, made applicable by FED. R. BANKR. PROC. 7056. The Plaintiff is the chapter 7 trustee who is using the trustee's strong-arm power to...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS IN PART, ABSTAINING IN PART, AND DENYING MOTION FOR LEAVE TO AMEND TRACEY N. WISE , Bankruptcy Judge . This adversary proceeding is before the Court on Defendant's Motion to Dismiss [AP ECF No. 15] the First Amended Class Action Complaint (the "Complaint") [AP ECF No. 4] that Plaintiff/Debtor Donald R. Nagel, Jr. filed against Defendant/Creditor Kentucky Tax Bill Servicing, Inc. ("KTBS"). 1 Because the Bankruptcy Code does not...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on Computer Programs and Systems, Inc., and Evident, LLC's Renewed Motion to Allow and Compel Payment of Administrative Expense Claim [ECF No. 282] and related briefing [ECF No. 392] and the Chapter 7 Trustee's Objection [ECF No. 303] and related briefing [ECF Nos. 304 & 395]. A hearing was held on January 16, 2020. The request for an administrative expense claim pursuant to 11 U.S.C. 503(...
MEMORANDUM OPINION AND ORDER ON CHAPTER 7 FEE PRACTICES Tracey N. Wise , Bankruptcy Judge . May an attorney limit the scope of their bankruptcy services to a prepetition analysis of a debtor's bankruptcy options and filing the debtor's skeletal chapter 7 petition In short, if done properly, yes. Much has been written about attorneys' attempts to "unbundle" services and "bifurcate" their fee arrangements in chapter 7 proceedings. By these efforts, counsel seek to avoid the result...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . Hazard Coal Corporation filed the Hazard Coal Corporation's Protective Motion for Reconsideration or in the Alternative, Motion to Alter, Amend or Vacate the Sale Order with Respect to American Resources Corporation. [Case No. 19-51200, ECF No. 595 (the "Motion to Reconsider").] The Motion to Reconsider seeks alteration of the Order (I) Approving the Sale of Substantially All of the Debtors' Assets Related Thereto Free and...
MEMORANDUM OPINION AND ORDER DISALLOWING PROOF OF CLAIM TRACEY N. WISE , Bankruptcy Judge . Debtor objects to Proof of Claim #5 (the "Claim") filed by Kentucky Tax Bill Servicing, Inc. ("KTBS"), contending that any claim KTBS held was satisfied by a 2012 in rem judgment and subsequent conveyance of real property to KTBS. The Court agrees. The doctrine of claim preclusion prevents KTBS from further relief against Debtor. The Claim will be DISALLOWED. FACTS Debtor previously owned real...
MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART TRUSTEE'S OBJECTION TO CONFIRMATION OF PLAN TRACEY N. WISE , Bankruptcy Judge . The Chapter 13 Trustee contends that the Court should not confirm Debtor's Amended Chapter 13 Plan [ECF No. 35 (the "Plan")] because it does not properly treat a claim filed by Ally Bank secured by a 2015 Ford Mustang. Debtor disagrees and defends the treatment of a co-signed consumer claim in the Plan. For the reasons set forth below, the...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT REGARDING DEBTOR's MOTION FOR CONTEMPT AGAINST ONEMAIN Tracey N. Wise , Bankruptcy Judge . A chapter 7 debtor who elected to surrender a vehicle contends that the lienholder must either repossess the vehicle or release its lien to avoid contempt. This is not the law. As explained below, a creditor that fails to do one or the other does not necessarily violate the discharge injunction. This matter is before the Court to...
AMENDED MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S CLAIM OBJECTION AND DENYING CREDITOR'S MOTION TO EXTEND TIME TO FILE CLAIM TRACEY N. WISE , Bankruptcy Judge . An unscheduled creditor seeks an extension of time to file a proof of claim pursuant to Rule 3002(c)(6)(A). 1 Debtor omitted the creditor not only from her schedules, but also from her mailing list required by Rule 1007(a). The plain text of these Rules compels a conclusion that the requested extension must be denied. I....
MEMORANDUM OPINION GRANTING TRUSTEE'S MOTION FOR JUDGMENT ON THE PLEADINGS Tracey N. Wise , Bankruptcy Judge . This declaratory judgment action is before the Court on a Motion for Judgment on the Pleadings filed by Plaintiff Phaedra Spradlin, Chapter 7 Trustee of the Debtors' Estates ("Trustee") [ECF No. 22 (the "Motion")]. 1 Defendants East Coast Miner, LLC ("ECM"), East Coast Miner II, LLC ("ECM II"), Keith Goggin and Michael Goodwin (collectively "Defendants") filed a Response to...
AMENDED MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Motions for Summary Judgment filed by Plaintiff Phaedra Spradlin, Chapter 7 Trustee of the Debtors' Estates ("Trustee") [ECF No. 199 ("Trustee's Motion")], 1 and Defendants East Coast Miner, LLC ("ECM") [ECF No. 189 ("ECM's Motion")], East Coast Miner II, LLC ("ECM II") [ECF No. 190 ("ECM II's Motion")], Keith Goggin...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . The Plaintiff ("United States Trustee"), and the Defendant, Jason Whitaker ("Whitaker"), filed cross-motions for summary judgment that are denied for the reasons set out herein. [ECF Nos. 16 and 17.] I. BACKGROUND. Whitaker was a self-employed contractor who did business as Jason Whitaker Concrete and Construction. [Case No. 18-30073, ECF No. 1 at 4.] Whitaker started building houses in early 2013 after ten years doing...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Motions for Summary Judgment filed by Plaintiff Phaedra Spradlin, Chapter 7 Trustee of the Debtors' Estates ("Trustee") [ECF No. 199 ("Trustee's Motion")], 1 and Defendants East Coast Miner, LLC ("ECM") [ECF No. 189 ("ECM's Motion")], East Coast Miner II, LLC ("ECM II") [ECF No. 190 ("ECM II's Motion")], Keith Goggin [ECF No....
MEMORANDUM OPINION AND ORDER GRANTING DEBTOR'S MOTION FOR CONTEMPT AGAINST CAPITAL ONE BANK Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Debtor's Motion for Contempt [ECF No. 19 ("Contempt Motion")] against Creditor Capital One Bank. Debtor Linda Kay Jones seeks a ruling that Creditor violated the discharge injunction in 524(a)(2) 1 by failing to release a judgment lien that a prior Order of this Court avoided more than 13 years ago, after Debtor received her...
MEMORANDUM OPINION AND ORDER REGARDING DEBTOR'S STAY VIOLATION MOTION, ATTORNEYS' FEES, CONFIRMATION, AND CASE DISPOSITION Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Debtor's Motion for an Order Finding Creditor Michael Stephen Kelsay in Violation of the Automatic Stay [ECF No. 26 ("Stay Violation Motion")], Creditor's Objection thereto [ECF No. 35], and Debtor's Response [ECF No. 110]. Pursuant to 362(k), 1 Debtor seeks a ruling that Creditor (Debtor's...
MEMORANDUM OPINION AND ORDER HOLDING CHASE IN CONTEMPT Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Debtor's Motion to Enforce Discharge Injunction Against JP Morgan Chase Bank, N.A. and for an Award of Actual Damages, Mild Non-Compensatory Damages, and Reasonable Attorneys' Fees [ECF No. 52] and related briefing [ECF Nos. 57 & 58]. A hearing was held on March 7, 2019. [ECF Nos. 59-61.] The matter was taken under submission. For the reasons stated herein,...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . The Debtor seeks confirmation of her Second Amended Chapter 13 Plan. [ECF No. 99.] 21st Mortgage Corporation, a secured creditor, argues that the Second Amended Plan does not comply with 11 U.S.C. 1325(a)(5)(B). 1 [ECF No. 107.] The Objection is sustained, and confirmation of the Second Amended Plan is denied for the reasons set out herein. I. FACTS. The Debtor filed for chapter 13 relief and scheduled real property...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT REGARDING TRUSTEE'S BREACH OF FIDUCIARY DUTY CLAIM AGAINST GOGGIN AND GOODWIN Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Motions for Summary Judgment filed by Plaintiff Phaedra Spradlin, Chapter 7 Trustee of the Debtors' Estates ("Trustee") [ECF No. 199 ("Trustee's Motion")], 1 Defendant Keith Goggin [ECF No. 191 ("Goggin's Motion)"], and Defendant Michael Goodwin [...
