ORDER DENYING MOTION TO AMEND FINAL JUDGMENT TO DETERMINE INTEREST THEREON AND TO DETERMINE PREJUDGMENT INTEREST AND LIFT THE STAY (DKT. # 159) JASON D. WOODARD , Bankruptcy Judge . This matter is before the Court on the Motion to Amend Final Judgment to Determine Interest Thereon and to Determine Prejudgment Interest and Lift the Stay (the "Second Motion for Prejudgment Interest") (Dkt. # 159) filed by David Baird (the "Plaintiff"). A hearing was held on December 18, 2018, where the...
MEMORANDUM OPINION 1 JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding came before the Court for trial on November 1, 2018, on the Complaint to Determine Nondischargeability of Debt (the "Complaint") (A.P. Dkt. #1) filed by the creditor-plaintiff Jerry Paul Mize (the "Plaintiff") against the debtor-defendant Matthew Coburn (the "Defendant"). Both the Plaintiff and the Defendant appeared and testified, as did the Plaintiff's wife, Allyson Mize, and the Defendant's father-in-...
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT NEIL P. OLACK , Bankruptcy Judge . There came on for consideration the Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 10) 1 filed by Helena Agri-Enterprises, LLC, f/k/a Helena Chemical Company ("Helena"); the Memorandum Brief in Support of Motion for Summary Judgment ("Helena's Brief") (Adv. Dkt. 11) filed by Helena; the Answer to Motion for Summary Judgment (the "Answer") filed by Richard Young (the "...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (A.P. DKT. # 21) 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. # 21) 1 (collectively, the "Motion") filed by plaintiff Jacob Sweeney ("Plaintiff") in this adversary proceeding against the debtor-defendant Richard Wayne Hughes (the "Debtor"). The Debtor did not file a response to the Motion. The...
MEMORANDUM OPINION 1 JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding came before the Court for trial on August 28, 2018, having been removed from the Chancery Court for the First Judicial District of Chickasaw County, Mississippi, to this Court by debtor-defendant Allen Edward Crosthwait (the "Defendant"). Plaintiff David E. Baird (the "Plaintiff") and Defendant own neighboring tracts of land. While cutting timber from his own land, the Defendant crossed the property...
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF CHAPTER 12 PLAN Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for confirmation hearing on August 30, 2018 (the "Hearing"), on the Chapter 12 Plan (the "Plan") (Dkt. 36) filed by the debtor, Rogers Benjamin Morris (the "Debtor"); the Trustee's Objection to Confirmation (the "Trustee's Objection") (Dkt. 46) filed by the trustee, Harold J. Barkley, Jr. (the "Trustee"); and the Objection to...
MEMORANDUM OPINION 1 Judge Jason D. Woodard , United States Bankruptcy Judge . This adversary proceeding came before the Court for trial on August 16, 2018, on the Complaint to Determine Nondischargeability of Debt and Allowed Claim as to Lavinia Dumitrache and [her son] (the "Complaint") (A.P. Dkt. # 1) filed by the creditor-plaintiffs Lavinia Dumitrache and her son (the "Plaintiffs") against the debtor-defendant David D. New (the "Defendant"). Both Ms. Dumitrache and the...
ORDER GRANTING IN PART, AND DENYING IN PART, OBJECTION TO CONFIRMATION (DKT. # 57) JASON D. WOODARD , Bankruptcy Judge . This matter is before the Court on the Objection to Confirmation (Dkt. # 57) (the "Objection") filed by the chapter 12 standing trustee, Harold J. Barkley, Jr. (the "Trustee"), in the bankruptcy case of George A. Speir (the "Debtor"). The issues raised in the Objection have all been resolved (Dkt. # 96), except for the question of whether the Debtor must make all...
ORDER OVERRULING OBJECTION TO CLAIM (DKT. # 110) Judge Jason D. Woodard , United States Bankruptcy Judge. This matter came before the Court for hearing on February 8, 2018, on the Objection to Claim of the Internal Revenue Service (the "Objection")(Dkt. # 110) filed by debtors Dr. David R. Donaldson and Cynthia A. Donaldson. The Donaldsons appeared at the hearing, along with their attorney, Robert Gambrell. Samuel Wright, Assistant United States Attorney, appeared on behalf of the...
MEMORANDUM OPINION 1 Judge Jason D. Woodard , United States Bankruptcy Judge. This adversary proceeding came before the Court for trial on February 27, 2018, on the Complaint (A.P. Dkt. # 1) 2 filed by creditor/plaintiffs Bobbie Chance Robinson and Commercial Grain Marketing, LLC ("CGM", and together with Mr. Robinson, the "Plaintiffs") against debtor/defendant Michael Shelton Smith (the "Debtor"), alleging that certain debts owed to each of the plaintiffs is nondischargeable under 11...
MEMORANDUM OPINION 1 Judge Jason D. Woodard , United States Bankruptcy Judge . These adversary proceedings are before the Court on the Adversary Complaint (the "Complaint") (A.P. Dkt. # 1 in each case) to determine dischargeability filed by the creditor-plaintiffs Mid-South Maintenance, Inc.; Mid-South Maintenance, Inc., Memphis; and Worldwide Steel Works, Inc., (collectively, "Mid-South") against the debtor-defendants Zachary Alan Burk (A.P. No. 16-1063) and Jessica Nichole Smith...
ORDER APPROVING APPLICATION FOR COMPENSATION (DKT. # 142) JASON D. WOODARD , Bankruptcy Judge . This matter came before the Court for hearing on February 13, 2018, on the Application for Compensation (the "Application")(Dkt. # 142) filed by Selene D. Maddox, who is both the chapter 7 trustee (the "Trustee") and the attorney for the Trustee in this case. Ms. Maddox appeared at the hearing on her own behalf and on behalf of the Trustee, and attorney Kenneth Mayfield appeared on behalf of...
MEMORANDUM OPINION AND ORDER 1 JASON D. WOODARD , Bankruptcy Judge . This adversary proceeding is before the Court on the Adversary Complaint (the "Complaint") (A.P. Dkt. #1) to determine dischargeability filed by the creditor-plaintiffs Mid-South Maintenance, Inc.; Mid-South Maintenance, Inc., Memphis; and Worldwide Steel Works, Inc., (collectively, "Mid-South") against the debtor-defendants Billy Cray Jones and Judy Carolyn Jones (the "Defendants"). This trial encompassed three...
MEMORANDUM OPINION 1 Judge Jason D. Woodard , United States Bankruptcy Judge. This adversary proceeding came before the Court for trial on January 25, 2018, on the Complaint (A.P. Dkt. # 1) 2 filed by debtor/plaintiff Wendi Dow Litton (the "Debtor") against creditor/defendant Apperson Crump, PLC (the "Defendant"), alleging that certain payments made to the Defendant are avoidable preferences under 11 U.S.C. 547. 3 Craig M. Geno represented the Debtor at trial, and the Defendant was...
