MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on the Debtor's Emergency Motion to Extend Cash Collateral Use [ECF No. 110]. The Debtor Lexington Hospitality Group, LLC seeks approval to use cash collateral pursuant to 11 U.S.C. 363(c)(2) 1 because it is unable to reach an agreement with the creditor, PCG Credit Partners, LLC ("PCG"). The Court held a preliminary hearing on October 2, 2017 [ECF No. 120] and set the matter for an...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Plaintiff Chapter 11 Trustee and the Defendant B & H Contractors, LLC's cross-motions for summary judgment. [AP ECF Nos. 35, 36 and 37.] 1 The Plaintiff seeks recovery of certain prepetition and post-petition transfers related to financing provided by the Defendant to one or more of the jointly administered Debtors 2 pursuant to 11 U.S.C. 547 and 549. 3 The Defendant also...
MEMORANDUM OPINION Tracey N. Wise , Bankruptcy Judge . This unfortunate dispute involves two cousins and longtime close friends who owned a business together. When their business failed, their relationship splintered among accusations of misconduct, and litigation in multiple venues ensued. Ultimately, this Court held a trial on the merits of the claims that Plaintiff asserted against Debtor/Defendant relating to funds disbursed from the business; specifically, a loan made to Plaintiff...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on Creditor PCG Credit Partners, LLC's Motion to Dismiss [ECF No. 19] and supplemental briefing [ECF Nos. 47, 64, and 72] and Debtor's Limited Response to PCG Credit Partners, LLC's Motion to Dismiss [ECF No. 45] and supplemental briefing [ECF No. 63]. The issue is whether Janee Hotel Corporation ("Janee"), the Company Manager of Debtor Lexington Hospitality Group, LLC ("LHG"), had authority...
MEMORANDUM OPINION AND ORDER REGARDING MOTION OF VICTORY COMMUNITY BANK TO DISMISS CASE FOR ABUSE TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Victory Community Bank's Motion to Dismiss Case for Abuse [ECF No. 25] and Debtor's Response [ECF No. 32] thereto. Creditor Victory Community Bank ("VCB") contends that Debtor's chapter 7 case is abusive and should be dismissed under 707(b)(1). 1 Debtor concedes that the presumption of abuse arises under 707(b)(2)(A),...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR STAY RELIEF TRACEY N. WISE , Bankruptcy Judge . In this chapter 12 case, creditor Forcht Bank, N.A. (the "Bank") contends Debtors are ineligible to be in a chapter 12 proceeding and cannot effectively reorganize within the meaning of 362(d). 1 The Bank, therefore, has moved for relief from the automatic stay [ECF No. 18] and objects to the confirmation of Debtors' plan [ECF No. 66]. Debtors contend they are eligible for chapter 12 and...
MEMORANDUM OPINION GRANTING MOTION TO DISMISS WITH PREJUDICE TRACEY N. WISE , Bankruptcy Judge . About two months ago, this Court entered a Memorandum Opinion and Order dismissing Trustee's initial Complaint on a Motion for Judgment on the Pleadings, holding that "under 541 and Ohio law, the subject vehicle is not property of Debtor's bankruptcy estate." Kendrick v. Rister (In re Rister), Case No. 16-21111, Adv. No. 16-2010, 2017 Bankr. LEXIS 1359, at *5 (Bankr. E.D. Ky. May 18, 2017)....
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Defendant United Cumberland Bank's Motion to Dismiss for Failure to State a Claim [ECF No. 19], the Plaintiff Debtor Anthony Ball's Response [ECF No. 22] and the Bank's Reply [ECF No. 23.] The Court held a hearing on June 28, 2017, and took the matter under submission. For the reasons stated more fully below, the Motion to Dismiss is granted. I. Facts. A. The Chapter 13 Bankruptcy. Ball...
MEMORANDUM OPINION GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Defendants' Motion to Dismiss the Trustee's First Amended Complaint. [ECF Nos. 30 and 30-1 (memorandum in support, hereafter the "Motion").] In her First Amended Complaint [ECF No. 29 ("Amended Complaint")], Plaintiff Phaedra Spradlin, chapter 7 trustee ("Trustee"), on behalf of debtor U.S. Coal Corporation ("U.S. Coal") and its nine co-debtor...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS, DENYING MOTION TO STAY DISCOVERY AS MOOT, AND GRANTING TRUSTEE LEAVE TO AMEND TRACEY N. WISE , Bankruptcy Judge . This adversary proceeding is before the Court on two motions filed by Defendant Joseph T of C, Co. ("Defendant"): (a) a Motion for Judgment on the Pleadings [ECF No. 19]; and (b) a Motion to Stay Discovery Pending Resolution of Motion for Judgment on the Pleadings [ECF No. 20]. Trustee L. Craig...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Defendant's Motion to Dismiss the Trustee's First Amended Complaint. [ECF Nos. 25 and 25-1 (memorandum in support, hereafter the "Motion").] In her First Amended Complaint [ECF No. 24 ("Amended Complaint")], Plaintiff Phaedra Spradlin, chapter 7 trustee ("Trustee"), on behalf of debtor U.S. Coal Corporation ("U.S. Coal") and its...
MEMORANDUM OPINION AND ORDER Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Creditor/Defendant LVNV Funding, LLC's Motion to Stay or Dismiss Pending Arbitration [ECF No. 14 ("Motion")]. Debtor/Plaintiff Jimmy L. Kiskaden commenced this adversary proceeding by filing the Class Action Complaint [ECF No. 1 ("Complaint")], both individually and on behalf of a defined class of persons, asserting claims against Creditor for fraud and violations of the Kentucky Consumer...
MEMORANDUM OPINION AND ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT Trace N. Wise , Bankruptcy Judge This matter is before the Court on Defendant's Motion to Partially Dismiss the Trustee's First Amended Complaint. [ECF No. 30 ("Motion").] In her First Amended Complaint [ECF No. 27 ("Amended Complaint" or "Am. Compl.")], Plaintiff Phaedra Spradlin, chapter 7 trustee ("Trustee"), on behalf of debtor U.S. Coal Corporation ("U.S. Coal") and its nine co-debtor subsidiaries ("...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Plaintiff Richard W. Feldman's Motion to Dismiss [ECF No. 11 ("Motion")] and supporting Memorandum [ECF No. 12 ("Memorandum" or "Mem.")] seeking dismissal of Debtor/Defendant Richard B. Pearl's Counterclaim. Feldman filed this adversary proceeding seeking a judgment that his claims against Debtor are nondischargeable. In response, Debtor filed an Answer and Counterclaim [ECF No. 6 ("Counterclaim")]...
MEMORANDUM OPINION Gregory R. Schaaf , Bankruptcy Judge . Stephen Palmer, the Chapter 7 Trustee, filed this adversary proceeding to compel the Defendant Paul Miller Ford, Inc. ("Paul Miller") to provide a certificate of title to a 2012 Ford F-150 pickup truck purchased by the Debtor prepetition. The Trustee and Paul Miller filed cross-motions for summary judgment [Trustee: ECF Nos. 32, 37, 38, 39, and 40; Paul Miller: ECF Nos. 31, 35, 36, 41, and 52], a hearing was held, and the matter is...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO REOPEN PROOF Tracey N. Wise , Bankruptcy Judge This matter is before the Court following the conclusion of a trial on the merits of the causes of action that Plaintiff HIJ Industries, Inc., formerly known as JOMCO, Inc., 1 asserted against Debtor/Defendant Jeremey C. Roy, seeking to bar Debtor's discharge under 727(a)(2) and/or to except HIJ's claims from Debtor's discharge under 523(a)(6). 2 Both Plaintiff and Debtor appeared at...
MEMORANDUM OPINION AND ORDER TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court in connection with Creditor 21 st Mortgage Corporation's Amended Objection to Confirmation [ECF No. 51 (the "Objection")]. The limited issue remaining in connection with the Objection concerns whether Creditor is entitled to "the cost of replacing the subject mobile home, as calculated by the cost of setting up and delivering the subject mobile home to its current location plus the estimated...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Creditor Kentucky Housing Corporation's Objection to Confirmation [ECF No. 20] of the Debtor's proposed Chapter 13 Plan [ECF No. 12]. For the reasons stated more fully below, the Creditor's Objection to Confirmation is sustained and the Debtor shall have 14 days to file an amended plan in conformity with this Order. I. RELEVANT FACTS AND PROCEDURAL HISTORY. The Debtor filed for...
