MEMORANDUM-OPINION John A. Lloyd , United States Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment filed by Defendant OneMain Financial Group, LLC ("OneMain") against Plaintiff Jasmin Hrustanovic ("Plaintiff"). The Court considered the Motion for Summary Judgment filed by OneMain, the Response to the Motion for Summary Judgment filed by the Plaintiff, and the Reply to the Response filed by OneMain. For the following reasons, the Court will GRANT the...
MEMORANDUM OPINION THOMAS H. FULTON , Bankruptcy Judge . This matter comes before the Court on the Debtor-Plaintiff Linda Lane's Motion for Partial Summary Judgment against Creditor-Defendants Sarah and Kevin Dean ("the Deans"). Ms. Lane moves the Court for entry of partial summary judgment solely as to Count II of her adversary complaint, which seeks to equitably subordinate the Deans' claim to all other claims against the bankruptcy estate and transfer the Deans' lien to the bankruptcy...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on a Motion to Amend Order Granting Debtor's Motion to Avoid Judicial Lien filed by Creditor, New Falls Corporation ("New Falls"). The Court considered New Fall's Motion, the Response of the Debtor, Eugene A. Shy ("Debtor"), the Reply to the Response filed by New Falls and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will GRANT New...
MEMORANDUM OPINION Thomas H. Fulton , United States Bankruptcy Judge . This matter comes before the Court on the Motion for Summary Judgment of Plaintiff-Creditor, James D. Ballinger ("Ballinger" or "Plaintiff"), proceeding pro se against Defendant-Debtor, Paul Darren Smith ("Smith" or "Debtor"), to Determine Dischargeability of Debt pursuant to 11 U.S.C. 523(a)(2)(A), which denies discharge of any debt obtained by "false pretenses, a false representation, or actual fraud, other than...
MEMORANDUM OPINION THOMAS H. FULTON , Bankruptcy Judge . This adversary proceeding is before this Court on Plaintiff Stock Yards Bank & Trust Company's ("Plaintiff") Complaint to Determine Dischargeability of Debt, defendant Chris M. Zaepfel, II's ("Defendant") Answer, and the parties' pre- and post-trial briefs. I. Jurisdiction At issue before this Court is the nondischargeability of a debt under 11 U.S.C. 523(a)(2)(B), 523(a)(4) and 523(a)(6). This Court has subject matter...
AMENDED MEMORANDUM-OPINION-ORDER JOAN A. LLOYD , Bankruptcy Judge . Comes the Court, sua sponte, and amends the Memorandum-Opinion-Order entered on January 28, 2020, to add Defendant Christopher G. Cogan, whose name was inadvertently omitted from the Memorandum-Opinion-Order entered on January 28, 2020. This matter is before the Court on the Motion for Summary Judgment of Plaintiff, Robert W. Keats, as the Chapter 7 Trustee for the bankruptcy estate of Bullitt Utilities, Inc. against...
MEMORANDUM-OPINION-ORDER JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment of Plaintiff, Robert W. Keats, as the Chapter 7 Trustee for the bankruptcy estate of Bullitt Utilities, Inc. against Defendants Martin G. Cogan individually, and as Executor of the Estate of Carroll F. Cogan, Defendants Doris M. Cogan and Christopher G. Cogan on Counts I & II of the Trustee's Complaint and against Doris Cogan, CFA Sunnyview, LLC and Tigers and...
MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment of Defendants Doris M. Cogan, Christopher G. Cogan, CFA Sunnyview, LLC, Tigers and Rockets, LLC and Martin Cogan, Executor of the Estate of Carroll G. Cogan. (DKT 60). The Court considered the Motion for Summary Judgment of the Defendants, the Response of the Trustee to the Defendants' Motion for Summary Judgment (DKT 65), the Reply to the Response to the...
MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment of Defendant Martin G. Cogan ("MC"), in his individual capacity. The Court considered MC's Motion for Summary Judgment, the Response of Robert W. Keats, as the Chapter 7 Trustee ("Trustee") for the bankruptcy estate of Bullitt Utilities, Inc. ("BU") to MC's Motion for Summary Judgment, the Reply of MC to the Response of the Trustee and comments of counsel...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Application of the Unsecured Creditors' Committee ("UCC") to Retain and Employ Bingham Greenebaum Doll, LLP ("BGD") as counsel for the UCC (hereinafter referred to as the "Application"). The Court considered the Application filed by the UCC, the Objection to the Application filed by Debtor Glenview Health Care Facility, Inc. ("Debtor"), the Reply to the Objection filed by BGD as counsel for the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Stay Enforcement of Judgment Pending Appeal filed by Defendant the Bullitt County Sanitation District ("BCSD"). The Court reviewed the BCSD's Motion, the Objection of the Plaintiff Trustee Robert W. Keats ("Trustee"), as the Chapter 7 Trustee of Bullitt Utilities, Inc. ("BU") to BCSD's Motion and the comment of counsel for the parties at the hearing held on the matter. For the following...
MEMORANDUM-OPINION-ORDER JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion of the Bullitt County Sanitation District ("BCSD") to Abstain from Hearing Proceedings in Aid of Execution. In this Motion, the BCSD requests this Court to Abstain from Ruling on the merits of the Motion of the Chapter 7 Trustee, Robert W. Keats ("Trustee") of Bullitt Utilities for an Order Authorizing Garnishment of the BCSD's Accounts, and from exercising jurisdiction over...
MEMORANDUM OPINION THOMAS H. FULTON , Bankruptcy Judge . This matter is before the Court on the Complaint to Recover Preferential Transfers filed by the Plaintiff-Debtor Sandra Pierce (" Pierce "). Pierce seeks to recover wages garnished by the Defendant, Skillman's Auto Sales (" Skillman's "), which she argues are voidable preference payments made within ninety days before the date of the filing of the petition under 11 U.S.C. 547(b). Skillman's argues it is entitled to retain the...
MEMORANDUM-OPINION-ORDER JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Entry of an Order Authorizing Garnishment of the Bullitt County Sanitation District's Accounts filed by Plaintiff Robert W. Keats ("Trustee"), as the Chapter 7 Trustee for the bankruptcy estate of Bullitt Utilities, Inc. ("BU"). The Court considered the Motion of the Trustee, the Objection to the Motion filed by Defendant the Bullitt County Sanitation District ("BCSD") and the...
JUDGMENT THOMAS H. FULTON , Bankruptcy Judge . Pursuant to the Court's Memorandum entered this date and incorporated herein by reference, and the Court being otherwise sufficiently advised, IT IS ORDERED that judgment is rendered in favor of the Plaintiffs, Edwin Brian Koressel and Agape Cremation and Funeral Center, LLC, and the debt which is the subject of this adversary proceeding is not excepted from discharge under 11 U.S.C. 523(a)(4). IT IS FURTHER ORDERED that judgment in the...
MEMORANDUM OPINION Thomas H. Fulton , United States Bankruptcy Judge . This core proceeding comes before the Court upon the Complaint of Plaintiffs-Creditors, E. Brian Koressel ("Koressel") and Agape Funeral & Cremation Center, LLC ("Agape"), against the Defendant-Debtor, Daniel R. Bowman ("Bowman" or "Debtor"), for Determination of Dischargeability of Debt and Objection to Discharge Pursuant to 11 U.S.C. 523 and 727. Plaintiffs seek an Order from the Court finding that Bowman's conduct...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion of Autumn Wind Lending, LLC ("Autumn Wind") for Entry of an Order Dismissing the Debtors' Chapter 11 Cases Pursuant to 11 U.S.C. 1112 ("Motion to Dismiss"). The Court considered the Motion to Dismiss of Autumn Wind, the Objection to the Motion to Dismiss filed by Debtor Insight Terminal Solutions, LLC ("ITS") and Associated Debtor Insight Terminal Holdings, LLC ("ITH"), as well as the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court for trial on two adversary proceeding complaints filed by Plaintiff, JM Burns Steel Supply, Inc. ("JM Burns"), to deny Defendant/Debtors Bryan Wayne Floyd ("Bryan Floyd") and James Scott Floyd ("Scott Floyd") a Chapter 7 discharge for alleged actions pre-petition in transferring and concealing assets to hinder the collection activities of a judgment creditor, verifying under oath false bankruptcy...
ORDER JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Amended Application for Allowance of Interim Compensation and Reimbursement of Expenses filed by Neil C. Bordy, on behalf of Seiller Waterman, LLC as counsel for the Debtor Linda J. Lane ("Debtor"). The Court considered the Amended Application, the Objection to the Amended Application for Allowance of Interim Compensation and Reimbursement of Expenses filed by Creditors Kevin and Sarah Dean, pro se ("the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Contempt or Sanctions Against Sarah Dean and Kevin Dean ("Deans") filed by Plaintiff Linda J. Lane ("Debtor"). The Court considered the Plaintiff's Motion for Contempt or Sanctions, the Response to the Motion for Contempt or Sanctions filed by Sarah and Kevin Dean and the comments of counsel for the Debtor and Sarah Dean at the hearing held on the matter. For the following reasons, the...
