ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (A.P. DKT. # 48) JASON D. WOODARD , Bankruptcy Judge . This matter comes before the Court on the Motion for Summary Judgment (the "Motion") (A.P. Dkt. # 48) 1 and the Plaintiff's Brief in Support of His Motion For Summary Judgement (A.P. Dkt. # 51) filed by David Baird (the "Plaintiff") in this adversary proceeding against debtor-defendant Allen Crosthwait (the "Defendant"). The Defendant filed a Response (A.P. Dkt. # 66) and...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (A.P. DKT. # 19) JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding is before the Court for consideration of the Motion for Summary Judgment, brief, and evidentiary submission (A.P. Dkt. # 19, 20) 1 (collectively, the "Motion") filed by plaintiff Margaret Leland ("Plaintiff") against the debtor/defendant James Sanders ("Debtor"). The Debtor did not respond to the Motion. No hearing on the...
ORDER DENYING MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE (DKT. # 46) JASON D. WOODARD , Bankruptcy Judge . This matter is before the Court on the Motion for Allowance of Administrative Expenses Pursuant to 11 U.S.C. 503(b)(9) (the "Motion")(Dkt. # 46) filed by creditor Chickasaw Farm Services, Inc. ("Chickasaw") and the Response to the Motion (the "Response")(Dkt. # 62) filed by the debtor Charles K. Spencer (the "Debtor"). The Court held a hearing on September 7, 2016, in Oxford,...
MEMORANDUM OPINION AND ORDER Judge Jason D. Woodard , United States Bankruptcy Judge . This adversary proceeding came before the Court for trial on September 28, 2016, regarding the Complaint (A.P. Dkt. # 1), 1 which was later amended (A.P. Dkt. # 42)(as amended, the "Complaint"). The Complaint was filed by Lisa Higgins (the "Plaintiff") against the debtors, Floyd and Brenda Nunnelee. Immediately following the trial, Brenda Nunnelee was dismissed as a party to this adversary...
MEMORANDUM OPINION JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding is before the Court on the Complaint to Determine Dischargeability (A.P. Dkt. # 1) filed by Renasant Bank ("Renasant") against debtor/defendants Gerald and Delores Goodin (the "Debtors"), alleging that certain debts owed to Renasant by the Goodins are nondischargeable pursuant to 11 U.S.C. 523(a)(2),(4),(6) and (11). 1 A final non-dischargeable judgment against Mr. Goodin in the amount of $7,069,059.42,...
MEMORANDUM OPINION AND ORDER CONVERTING MOTION TO DISMISS INTO MOTION FOR SUMMARY JUDGMENT AND DENYING CONVERTED MOTION FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge. This matter came before the Court for hearing on June 16, 2016 (the "Hearing"), on the Motion to Dismiss (the "Motion") (Adv.Dkt.4) 1 filed by the defendant in the Adversary, Gerold Kent, Jr. ("Kent"); the Memorandum in Support of Motion to Dismiss (Adv.Dkt.7), filed by Kent; the Response to...
ORDER SUSTAINING DEBTOR'S OBJECTION TO SECURED CLAIM OF DITECH FINANCIAL (DKT. #17) Judge Jason D. Woodard United States Bankruptcy Judge. This matter came before the Court for hearing on April 5, 2016 on the Objection to the Secured Claim of Ditech Financial LLC (the "Objection")(Dkt. #17), filed by Debra Riley (the "Debtor"). Ditech Financial LLC (the "Ditech") filed a Response (Dkt. #19), contesting the arguments made in the Objection. The core issue in the Objection is whether...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO AVOID LIEN (DKT.# 10) AND OVERRULING OBJECTION TO CONFIRMATION (DKT.# 31) Jason D. Woodard , United States Bankruptcy Judge This cause comes before the Court on the Motion to Avoid Lien on Household Goods under Section 522(F)(1)(B)(i) (the "Motion")(Dkt.# 10) filed by the debtor Erica Evans (the "Debtor"), and also the Objection to Confirmation of Chapter 13 Plan (the "Objection")(Dkt.# 31) filed by Republic Finance (the "Creditor")....
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (A.P. DKT. # 30) Jason D. Woodard , United States Bankruptcy Judge . This matter comes before the Court on the Motion for Summary Judgment (the "Motion")(A.P. Dkt. # 30), filed by Kendrick Sales, et al. (the "Creditors") in the above-styled adversary proceeding against defendant-debtor James Bailey (the "Debtor"). 1 The Debtor filed a Response (A.P. Dkt. # 35) and a Brief in Support of Response to...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding comes before the Court for consideration of the Motion to Dismiss Complaint, First Amended Motion to Dismiss Complaint and Motion to Dismiss Amended Complaint, (A.P. Dkts. # 6, 15 and 29) 1 (collectively, the "Motion") filed by debtor-defendant Brian Lee Aldridge (the "Debtor") against plaintiff Clarke Aldridge (the "Plaintiff") and the Plaintiff's...
ORDER DENYING APPLICATION FOR COMPENSATION (DKT. # 41) JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court for hearing on the Application for Compensation (the "Application")(Dkt. # 41) filed by John Sherman, counsel of record for Don and Chiquita Harris (the "Debtors") in this case. The chapter 13 Trustee (the "Trustee") filed a response (the "Response")(Dkt. # 50) objecting to the Application. A hearing was held on January 12, 2016 where counsel for both parties...
