MEMORANDUM OPINION THOMAS H. FULTON, Bankruptcy Judge. This Adversary Proceeding presents the very worst in bankruptcy cases—profligate debtors with absolutely no intention of changing their ways, with just enough cunning to slide like eels through the bankruptcy system without tripping the trap of non-dischargeability. Here, unfortunately, is a small piece of their story. On February 25, 2010, like clock-work, Gabriel James Oxford and Anita L. Oxford (the "Defendants") filed their third...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Motion of TMS Contracting, LLC ("TMS") to Compel Arbitration and Stay Adversary Proceeding. The Court considered the Motion of TMS, the Motion of Fidelity & Deposit Company of Maryland ("Fidelity") Joining in the Motion of TMS to Compel Arbitration, the Objection to the Motion to Compel Arbitration of Plaintiff/Debtor Rust of Kentucky, Inc. ("Rust"), the Reply of TMS and the comments of counsel for...
MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the First Motion to Dismiss Adversary Proceeding of Defendants/Debtors Timothy and Michelle Fries and the Motion to Amend the Complaint of Plaintiff Crescent Centre Apartments. For the following reasons, the Court will GRANT the Motion to Dismiss and DENY the Motion to Amend the Complaint of Crescent Centre. PROCEDURAL BACKGROUND On January 13, 2010, Debtors Timothy and Michelle Fries ("Debtors")...
MEMORANDUM DAVID T. STOSBERG, Bankruptcy Judge. This matter comes before the Court on the Motion for Summary Judgment filed by the Fairdale Area Community Ministries, Inc. ("Ministries"). Upon consideration of the motion, the attached exhibits, the response filed by the Defendant, James Hollingsworth ("Hollingsworth"), and the record in this case, the Court rules as follows: I. STATEMENT OF JURISDICTION This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334, and it is a...
ORDER DENYING RENEWED MOTION TO ALLOW CERTAIN POST-PETITION PAYMENTS OF PRE-PETITION DEBT TO H.D. SMITH, INC. THOMAS H. FULTON, Bankruptcy Judge. THIS MATTER comes before the Court upon the Renewed Motion to Allow Certain Post-Petition Payments of Pre-Petition Debt to H.D. Smith, Inc. to which the U.S. Trustee (Doc. # 140), Integra Bank, N.A. (Doc. # 159), and AmerisourceBergen (Doc. #168) object. H.D. Smith, Inc. (Doc. # 167) responded to the renewed motion. This matter previously came...
