MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . Jubilee Farms and Quickert Farms, LLC seek confirmation of their Amended Chapter 12 Plan. [ECF No. 94.] The Chapter 12 Trustee, Farm Credit Mid-America, FLCA ("FCMA"), and Farm Credit Services of America, PCA ("FCS") object. [ECF Nos. 101, 104, and 107.] FCS also asks for relief from the automatic stay. [ECF No. 108.] An evidentiary hearing was held on December 20, 2018, to address whether the plan is feasible. The...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO INTERVENE AND GRANTING MOTION TO DISMISS GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on: (1) the Plaintiff United States Trustee's Motion to Dismiss Complaint Objecting to Discharge (11 U.S.C. 727) Under Federal Rule of Bankruptcy Procedure 7041 [ECF No. 8 ("Motion to Dismiss")] and the Intervening Plaintiffs' Objection to United States Trustee's Motion to Dismiss [ECF No. 10] filed by the Creditors Thomas and...
MEMORANDUM OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . Chapter 7 Trustee James R. Westenhoefer ("Trustee") filed this adversary proceeding seeking a judgment avoiding the lien of Vanderbilt Mortgage and Finance, Inc. ("Vanderbilt") on the Debtor's manufactured home. The Trustee maintains that his status as a hypothetical lien creditor pursuant to 11 U.S.C. 544 1 entitles him to avoid the lien because Vanderbilt did not properly perfect its security interest under Kentucky...
MEMORANDUM OPINION GRANTING MOTION FOR JUDGMENT AS A MATTER OF LAW TRACEY N. WISE , Bankruptcy Judge . This case involves the tragic death of Plaintiff's husband, the father of her children. A state court civil judgment rendered against the Debtors/Defendants resulted in Plaintiff filing this action to except her claims from Debtors' discharge pursuant to 523(a)(6). 1 This matter originally was set for a trial on October 25, 2018. However, at the pretrial conference, counsel for...
MEMORANDUM RE ORDER AVOIDING JUDICIAL LIEN [ECF No. 43] GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on the Debtor's Motions to Avoid Liens pursuant to 11 U.S.C. 522(f)(1)(A). [ECF Nos. 35-37 ("Motions").] The Debtor seeks to avoid 3 judicial liens recorded by Asset Acceptance LLC and Portfolio Recovery Associates, LLC, as impairing his exemption pursuant to 11 U.S.C. 522(f). The pending Motions represent the Debtor's fourth attempt to avoid the judicial...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS CASE TRACEY N. WISE , Bankruptcy Judge . Husband Debtor's best friend, a lawyer, prepared an agreed judgment awarding the lawyer's wife a $241,250 judgment almost a decade ago purportedly based on Debtors' purchase of her business. Eight years later, the lawyer's wife (who herself is now a lawyer) executed on the judgment, resulting in Debtors' chapter 7 filing. This matter is before the Court on creditor Heidi Weatherly's Motion to...
OPINION AND ORDER GREGORY R. SCHAAF , Bankruptcy Judge . John Taylor, former President of the Debtor, applied for administrative expense priority for three categories of expenses [ECF No. 112]: 1. $227.49 for expenses incurred on February 16 and 19, 2018, for preparation, shipping and invoicing two TrakPoint systems to Penn State Applied Research Laboratory; 2. $3,533.65 as compensation for preparation of the final invoice of $124,191.85 to Kentucky Science and Technology Corporation...
MEMORANDUM OPINION AND ORDER VACATING THE ENTRY OF DEFAULT, DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, DENYING PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S ANSWER, AND DENYING DEFENDANT'S MOTION TO DISMISS TRACEY N. WISE , Bankruptcy Judge . In this adversary proceeding, Plaintiff Charity Stone seeks a determination that a debt owed to her by Debtor/Defendant M. Stephen Minix, Sr. should be declared non-dischargeable in accordance with 523(a)(6). 1 This matter is before the Court on...
MEMORANDUM OPINION AND ORDER DENYING MOTIONS TRACEY N. WISE , Bankruptcy Judge . This matter is before the Court on Alliance WOR Properties, LLC's Motion for Enforcement of Sale Order and Confirmation Order [ECF No. 8541 ("Enforcement Motion")] and Illinois Methane, LLC's Motion for Determination of Jurisdiction, to Abstain, and to Dismiss Contested Matter [ECF Nos. 8542 & 8553 (collectively, "Jurisdiction Motion") 2 ]. Illinois Methane, LLC ("Methane") filed a Response [ECF No. 8543] to...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the following: (1) Debtor's Emergency Motion to Alter, Amend, or Vacate Agreed Order and Shorten Notice of Hearing [ECF No. 14 ("Motion to Vacate Agreed Order")]; (2) Debtor's Notice and Motion for Conversion to Chapter 11 and Request for Shortened and Limited Notice of Hearing [ECF No. 15 ("Motion to Convert")]; and (3) Debtor's Emergency Motion to Set Aside Order for Relief and/or...
OPINION AND ORDER IMPOSING SANCTIONS ON RICHARD G. KENNISTON GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on the Motion of the United States Trustee for Sanctions, Disgorgement of Fees, and Entry of an Order to Show Cause Against Richard Kenniston. [ In re Denny, Case No. 15-51918 (" Denny "), ECF No. 137 ("Current Sanctions Motion").] The United States Trustee filed the Current Sanctions Motion in ten other cases that are procedurally consolidated with this case....
OPINION AND ORDER FINDING RICHARD G. KENNISTON IN CONTEMPT AND IMPOSING SANCTIONS GREGORY R. SCHAAF , Bankruptcy Judge . This matter is before the Court on a Motion to Compel Attorney Richard Kenniston to Turn Over Funds, or, in the Alternative, Motion for Sanctions; and Motion to Shorten Notice filed by the Chapter 13 Trustee (the "Sanctions Motion"). [ECF No. 84.] A hearing was held on January 18, 2018, and the request for turnover of funds by the Chapter 13 Trustee ("Trustee") was...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS Tracey N. Wise , Bankruptcy Judge . This matter is before the Court on Creditor Monmouth EFM, LLC's Motion to Dismiss this case for lack of good faith under 11 U.S.C. 1307(c). 1 [ECF No. 41 (the "Motion").] The parties presented written arguments on the Motion [ECF Nos. 51, 56, 57] and the Court heard the arguments of counsel. 2 The Court is faced with a narrow issue to decide: can a creditor assert a failure to meet the good...
MEMORANDUM OPINION AND ORDER DENYING MOTIONS TO FILE UNDER SEAL Tracey N. Wise , Bankruptcy Judge Parties who settled an adversary proceeding have asked the Court to restrict public access to settlement-related documents filed in the record because they agreed to keep their settlement terms confidential. In fact, they suggest that the settlement will "blow up" if the Court does not seal the documents. But the parties have failed to show that they are entitled to this extraordinary relief,...
MEMORANDUM OPINION TRACEY N. WISE , Bankruptcy Judge . Gabrielle and Terry McFarland ("Debtors") and their family suffered a fire at their home on Christmas Eve 2014. That night, they found Calloway Cleaning & Restoration, Inc. ("Creditor") on the internet and called them for help with clean-up, damage mitigation work and property remediation. When Creditor came to Debtors' residence on Christmas morning, the parties signed a "Work Authorization" for services (the "Contract"). As often...
MEMORANDUM OPINION AND ORDER Gregory R. Schaaf , Bankruptcy Judge . This matter is before the Court on the Debtor's Emergency Motion to Enforce Discharge Injunction Against Kentucky Tax Bill Servicing, Inc. and Bilz & Associates, P.S.C., and for an Award of Damages, Including Attorney's Fees, Mild Non-Compensatory Monetary Damages, and Costs ("Sanctions Motion"). [ECF No. 126.] The Debtor alleges that Kentucky Tax Bill Servicing, Inc. ("KTBS") and its counsel, Bilz & Associates, P.S.C. ("...
