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...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Application to Authorize Debtor-in-Possession to Retain and Employ Attorney Nunc Pro Tunc ("Application") filed by Debtor Kathleen Fritz Campbell ("Debtor"). In the Application, the Debtor seeks to employ McClain DeWees, PLLC ("McClain DeWees") as counsel for the Debtor. The United States Trustee ("UST") objects to the Application. For the reasons set forth below, the Court will SUSTAIN IN PART...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Reject Unexpired Nonresidential Lease for 950 Campbellsville Bypass, filed by Debtor James Medical Equipment, Ltd. ("Debtor"). The Court considered the Debtor's Motion, the Objection to the Motion filed by Creditor Donald E. James ("Creditor"), as well as the testimony of the witnesses, Mark Hinkle and Dwayne Allen. For the following reasons, the Court will GRANT the Motion to Reject...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Lift Stay filed by Plaintiff Maher Ghareeb ("Creditor") seeking an Order permitting Creditor to proceed with a state court case filed against Debtor Nashat Zayed ("Debtor"). The Court considered the Motion of the Creditor, the Response of the Debtor, the comments of counsel for the parties at the hearing held on the matter, the Supplemental Motion for Relief from Automatic Stay filed by...
MEMORANDUM OPINION THOMAS H. FULTON , Bankruptcy Judge . Before this Court are cross motions for summary judgment on the adversary proceeding initiated by Chapter 13 debtor Linda Isaacs against second mortgagee DBI-ASG Coinvestor Fund III, LLC. The complaint attempts to avoid this second mortgage lien on her residential real property. BACKGROUND Debtors Linda and Michael Isaacs filed jointly for Chapter 7 relief on March 19, 2004, listing their homestead real estate at 494 Highway 819,...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Set Aside Order Granting Motion to Redeem filed by Creditor Ally Bank ("Ally"). The Court considered the Motion of Ally, the Response to the Motion to Set Aside Order filed by Debtor Michael Shawn Elder ("Debtor") and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will GRANT the Motion of Ally and set aside the Order...
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter is before the Court on the Motion to Vacate Default Judgment filed by Defendant Delaware Steel Company of Pennsylvania ("Delaware"). The Court considered Delaware's Motion, the Response to the Motion filed by Plaintiff Mark Little, the Liquidating Trustee ("Little") and Supporting Legal Memoranda filed by each party. For the following reasons, the Court will GRANT Delaware's Motion and enter the accompanying Order...
MEMORANDUM OPINION Alan C. Stout , United States Bankruptcy Judge . This case comes before the Court on the Motion to Convert From Chapter 7 to Chapter 13 (the "Motion") filed by Julie Marie Wood (the "Debtor"). The Motion is somewhat brief, and simply states that the Debtor is eligible to be a debtor under Chapter 13 of the Code and desires to convert this matter to a case under that Chapter. Both Michael E. Wheatley, the Chapter 7 Trustee, and Creditor Janice Gerstenecker ("Gerstenecker")...
MEMORANDUM OPINION Alan C. Stout , United States Bankruptcy Judge . This case comes before the Court on the Application to Authorize Debtors to Employ Attorneys Nunc Pro Tunc (the "Application") filed by M & P Collections, Inc. ("M & P") and F & M Law Firm, P.S.C. d/b/a Fenton Law Firm, PSC ("F & M" and together with M & P referred to herein as "Debtors"). In the Application, the Debtors seek to employ Kaplan Johnson Abate & Bird, LLP ("KJAB") as counsel for the debtors-in-possession....
MEMORANDUM-OPINION JOAN A. LLOYD , Bankruptcy Judge . This matter came before the Court for Trial on the Complaint of Robert W. Keats, Chapter 7 Trustee ("Trustee") for the Bankruptcy Estate of Bullitt Utilities, Inc. ("BU") against The Bullitt County Sanitation District ("BCSD"). The Court considered the testimony of the witnesses and the documentary evidence submitted by the parties. For the following reasons, the Court will enter Judgment in favor of BU. FINDINGS OF FACT BU was...
