OPINION DAVID W. HOUSTON, III, Bankruptcy Judge. On consideration before the court is a motion for class certification filed on behalf of the debtor/plaintiff, Stanley R. Gilliland ("Gilliland"); responses to said motion having been filed by the defendants, Capital One Bank, which technically should be identified as Capital One Bank (USA), N.A., ("Capital One"), and TSYS Debt Management ("TDM"); and the court, having heard and considered same, hereby finds as follows, to-wit: I. The court...
OPINION DAVID W. HOUSTON, III, Bankruptcy Judge. On consideration before the court is a motion to dismiss, which was filed by the defendants, Grace West and H & G Land Company, L.P., ("H & G"), regarding the Corrected Amended Complaint filed by the plaintiff, Harold J. Barkley, Jr., Trustee, ("trustee"); a response to said motion having been filed by the trustee; an evidentiary hearing having been conducted on the motion; the parties having submitted respective memoranda of law; and the...
OPINION DAVID W. HOUSTON, III, Bankruptcy Judge. On consideration before the court are the following pleadings, to-wit: a. Motion for summary judgment filed by the defendant, Johnson & Freedman, LLC, ("J & F"). b. Motion for summary judgment filed by the defendants, Prommis Solutions Holding Corporation, ("Prommis Holding"), and Prommis Solutions, LLC, ("Prommis Solutions"). c. Motion for summary judgment filed by the plaintiffs, Jonathan R. Thome and Darlene S. Thome, debtors, ("Thomes"),...
OPINION DAVID W. HOUSTON, III, Bankruptcy Judge. On consideration before the court is a motion for partial summary judgment filed by the debtor/plaintiff, Oxford Expositions, LLC, (hereinafter "Oxford Expo"), as well as, a cross-motion for summary judgment filed by the defendant, Jason Hyland, (hereinafter "Hyland"); responsive pleadings and memoranda of law having been filed by the respective parties; and the court, having considered same, following oral argument, hereby finds as follows,...
OPINION DAVID W. HOUSTON, III, Bankruptcy Judge. On consideration before the court is a complaint filed by Dianne Shankle, ("plaintiff"), against the debtor, Michael Vernon Shankle, ("defendant"), seeking to deny the dischargeability of certain marital obligations that were judicially established in a divorce decree when the plaintiff and the defendant were divorced in Benton County, Arkansas; an answer and affirmative defenses having been filed by the defendant; and the court, having heard...
