MEMORANDUM OPINION Thomas H. Fulton , United States Bankruptcy Judge. This matter is before the Court on Crop Production Services, Inc.'s ("CPS") Motion for Summary Judgment (DN 36) against Kevin B. Wheeler (the "Debtor") and Farmer's Bank and Trust Company, of Marion, Kentucky, Inc. ("FBT"). 1 The motion for summary judgment seeks to avoid any lien FBT may have on Debtor's collateral and to recover payments made by Debtor to FBT. The Court considered the motion for summary judgment,...
MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge . This matter came before the Court for trial on the Complaint of Plaintiff, Michael E. Wheatley, Trustee of the Estate of Brittney Johnson ("Trustee") against Defendant Robert Keaton Johnson ("Defendant") seeking a judgment against Defendant for a preferential transfer under 11 U.S.C. 547, 548, 550, 551 and KRS 378.010, et seq. for actual and constructive fraud. Based upon the evidence submitted at trial and the...
MEMORANDUM-OPINION Joan A. Lloyd , United States Bankruptcy Judge . This matter came before the Court for trial on the Complaint Objecting to Discharge and Dischargeability of the Debt of Plaintiffs Joe and Darlene Ryan ("Ryans") or ("Plaintiffs") against Defendants Brandon Morris and Dana Bellair Morris ("Debtors"), pursuant to 11 U.S.C. 727(a)(3), (a)(4) and (a)(6)(A) and 11 U.S.C. 523(a)(2)(A) and (a)(6). The Court considered the testimony of the witnesses and documentary evidence...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court for an evidentiary hearing regarding the status of two tobacco pole barns on the property owned by Debtor, Christopher Lee Smith ("Debtor"). The Court considered the testimony of the witnesses and exhibits presented on behalf of Debtor, Plaintiff Edmonton State Bank ("ESB"), Defendant South Central Bank ("SCB") and Defendant Pinnacle Agricultural Distribution, Inc. ("Pinnacle"), as well as the...
MEMORANDUM OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Relief from Stay and Abandonment of Property of the Estate filed by Creditor PBI Bank, Inc. ("PBI") regarding property located at 2200 Chalybeate School Road, Bowling Green, Kentucky ("the Property"). The Property consists of approximately 40 acres owned by Clark Lowain Wilson, the son of the Debtor herein, Nelda Wilson ("Debtor"), in which Debtor maintains a life estate. The Court...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Objection to Exemption filed by a Chapter 7 Trustee, Jerry Burns ("Trustee"). The Court considered the Trustee's Objection, the Response to the Trustee's Objection filed by Debtor Misty Lynn ("Debtor"), the comments made by the Trustee and Debtor's attorney at the hearing held on the matter and the Court's own research. For the following reasons, the Court will OVERRULE the Trustee's Objection....
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion of Debtor Doris A. Morris ("Debtor") to Avoid Lien. The Court considered Debtor's Motion, the Objection of the Creditor Wheeler Heating & Air Conditioning, Inc. ("Wheeler") and the comments of counsel for the Debtor and Wheeler at the hearing held on the matter. For the following reasons, the Court will GRANT the Debtor's Motion. An Order accompanies this Memorandum-Opinion. FACTS On...
MEMORANDUM OPINION THOMAS H. FULTON , Bankruptcy Judge . This matter came before the Court for trial on July 20, 2017. Both the Plaintiff, Steven W. Haire ("Haire"), and the Defendant, Ronald D. Padgett ("Debtor"), appeared with counsel. The Court considered the testimony and exhibits presented at trial on the Complaint Objecting to Discharge filed by Haire against Padgett. This Court has jurisdiction of this matter pursuant to 28 U.S.C. 1334. This adversary proceeding is a core...
MEMORANDUM OPINION ALAN C. STOUT , Bankruptcy Judge . This matter is before the Court after the conclusion of a trial on the merits of the cause of action under 11 U.S.C. 362 brought by Plaintiffs, David Springer and Kelly Springer, against the Defendant, RNBJ RTO LLC, d/b/a Buddy's Home Furnishings ("Buddy's"). In their complaint, the Plaintiffs seek damages for Buddy's alleged willful violations of the automatic stay imposed by 11 U.S.C. 362. Both the Plaintiffs and a representative...
MEMORANDUM ON MOTIONS FOR SUMMARY JUDGMENT Alan C. Stout , United States Bankruptcy Judge . This adversary proceeding was commenced to determine the bankruptcy estate's interest in real property. The matters under advisement are the cross motions for summary judgment filed by Plaintiff/Debtor Carl Frederick Coslow ("Plaintiff"), and Defendant William Stephen Reisz, the Chapter 7 Trustee ("Trustee"). In addition to the cross motions for summary judgment and supporting exhibits, the parties...
MEMORANDUM OPINION ALAN C. STOUT , Bankruptcy Judge . This matter is before the Court after the conclusion of a trial on the merits of the cause of action under 11 U.S.C. 523(a)(6) brought by Plaintiff, Community Financial Services Bank ("CFSB"), against the Defendants, Ryan Edwards and Leslie Edwards. In its complaint, CFSB seeks to hold the debt owed to it by the Defendants nondischargeable. Both CFSB and the Defendants appeared at trial and were represented by counsel. At the trial,...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Objection to Exemption filed by Creditors Joe and Darlene Ryan ("Creditors"). The Court considered the Objection of Creditors, the Response to the Objection filed by Debtors Dana Bellair and Brandon G. Morris ("Debtors"), the Reply to the Debtors' Response filed by the Creditors, the comments of counsel for the parties at the hearing held on the matter, the Amended Reply filed by the Creditors and...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Summary Judgment of Plaintiffs Annette Stroud, Donna G. Sircy, Pamela G. Stewart and Marcy G. Wilkins ("Plaintiffs") against Defendant/Debtor Taylor N. Parker ("Debtor"). The Court considered the Motion for Summary Judgment and Supporting Memorandum of Law filed by the Plaintiffs, the Debtor's Response to Plaintiffs' Motion for Summary Judgment, the Trial Brief of the Plaintiffs and the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court pursuant to an Order from the Sixth Circuit Court of Appeals entered July 13, 2016 in Case No. 15-5994, styled Dr. Roger Cory v. Paul Bennett, et al., affirming this Court's Order dated December 1, 2014 dismissing the claims of the Plaintiffs Paul Daniel Bennett, et al. ("Bennett Plaintiffs") against Defendant Roger L. Cory ("Cory") without prejudice, but vacating the Order to the extent it denied Cory'...
MEMORANDUM ALAN C. STOUT , Bankruptcy Judge . This case comes before the Court on the Motion for Summary Judgment filed by the Defendant, Commonwealth Credit Union ("CCU") and the Partial Motion for Summary Judgment filed by the Plaintiff, Veronica T. Spearman ("Spearman"). At issue is whether CCU violated the automatic stay imposed by 11 U.S.C. 362 and whether CCU's actions violated the Kentucky Consumer Protection Act. 1 Upon review of the motions, Spearman's response, CCU's reply,...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Relief from Stay filed by CNH Industrial Capital America LLC, formally Capital America LLC ("CNH"). The Court considered the Motion of CNH, the Objection to the Motion for Relief from Stay filed by Debtors Megan Leah Buckman and William Michael Buckman ("Debtors"), and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Application for Post-Petition Interest and Fees filed by Creditor Branch Banking & Trust Company ("BB&T"). The Court considered BB&T's Application, the Objection to Motion for Post-Petition Interest and Fees filed by Debtor Tony Dian Perkins ("Debtor"), the Memorandum in Support of the Objection to the Application of BB&T for Default Interest and for Attorney's Fees filed by Debtor, the...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion for Sanctions under Fed. R. Bankr. P. 9011 filed by Creditor Mary D. Lockhart ("Creditor") against Debtor Phillip Wayne Lockhart, Jr. ("Debtor") and his counsel, J. Gregory Joyner ("Counsel"). The Court considered the Creditor's Motion, the Response of the Debtor and Counsel, the Reply of the Creditor and the comments of counsel for both parties at the hearing held on the matter. For the...
