MEMORANDUM OPINION ON THE MOTION FOR SUMMARY JUDGMENT BY H. KENNETH LEFOLDT LIQUIDATING AGENT FOR PREVALENCE HEALTH, LLC AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Motion for Summary Judgment by H. Kenneth Lefoldt Liquidating Agent for Prevalence Health, LLC (#22) and Defendant's Motion for Summary Judgment (#26) filed by Michael L. Anthony. Having considered the motions, the respective briefs and...
MEMORANDUM OPINION AND ORDER ON COMPLAINT SEEKING DAMAGES FOR VIOLATION OF THE AUTOMATIC STAY NEIL P. OLACK, Bankruptcy Judge. There came on for trial on July 18, 2012 (the "Trial"), the Complaint Seeking Damages for Violation of the Automatic Stay (the "Complaint") (Adv. Dkt. 1) 1 filed by Touya J. Johnson (the "Debtor"), and the Defenses and Answer of Magee Rentals, Inc. (Adv. Dkt. 6) filed by Magee Rentals, Inc. ("Magee Rentals"), in the above-referenced adversary proceeding (the "...
MEMORANDUM OPINION KATHARINE M. SAMSON, Bankruptcy Judge. This matter came before the Court for trial on March 21, 2012, (the "Trial") on the Complaint Objecting to Dischargeability of a Debt (Adv.Dkt. No. 1) filed by creditor-plaintiff Hancock Bank and the Answer to Complaint (Adv.Dkt. No. 7) filed by debtor-defendant Braden R. Harper. At Trial, William P. Wessler represented Hancock Bank and Rickey J. Hemba represented Harper. By stipulation, the parties introduced six exhibits. 1 These...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON (1) MOTION TO RECONSIDER ORDER AND (2) MOTION TO AMEND COMPLAINT EDWARD ELLINGTON, Judge. THIS MATTER came before the Court on the Motion to Reconsider Order (the "Motion to Reconsider" ) (Adv. Dkt. #151) 1 and the Motion to Amend Complaint (the " Motion to Amend ") (Adv. Dkt. #150) filed by Merchants & Farmers Bank ("M&F") in the above-referenced adversary proceeding (the "Adversary"). As authorized by the Court's Scheduling...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS KATHARINE M. SAMSON, Bankruptcy Judge. This matter came on for hearing on March 8, 2012 (the "Hearing") on the Motion to Dismiss Adversary Complaint 1 ("Motion to Dismiss") (Adv.Dkt. No. 10) filed by defendant Community Bank and the Plaintiff's Response to Defendant's Motion to Dismiss (Adv.Dkt. No. 20) filed by the debtors-plaintiffs, Charles Jefferson and Sandra Jefferson (collectively the "Jeffersons") in the above styled adversary...
MEMORANDUM OPINION AND ORDER GRANTING COXWELL'S MOTION TO DISMISS CLAIM OF M&F BANK IN SECOND AMENDED COMPLAINT EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on Coxwell's Motion to Dismiss Claim of M&F Bank in Second Amended Complaint (the "Motion to Dismiss" ) (Adv. Dkt. #124) 1 and Coxwell's Memorandum in Support of Motion to Dismiss Claim of M&F Bank in Second Amended Complaint (the " Coxwell Brief ") (Adv. Dkt. #125) filed by Frank Coxwell and...
MEMORANDUM OPINION ON THE MOTION TO DISMISS PURSUANT TO RULES 7009(b) AND 7012(b)(6) EDWARD ELLINGTON, Bankruptcy Judge. THIS MATTER came before the Court on the Motion to Dismiss Pursuant to Rules 7009(b) and 7012(b)(6) (#13) filed by the Debtor and the Plaintiff's Response to Defendant's Motion to Dismiss (#21) filed by CadleRock, L.L.C. After considering the pleadings and the briefs, the Court finds that the motion is well taken and should be granted. FACTS On January 3, 2011,...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR ORDER REQUIRING TURNOVER OF PROPERTY OR ALTERNATIVELY FOR CONTEMPT AND DENYING MOTION OF QUICKCASH TO ALLOW SALE OF COLLATERAL KATHARINE M. SAMSON, Bankruptcy Judge. This matter came on for hearing on November 17, 2011, (the "Hearing") on the Motion for Order Requiring Turnover of Property or Alternatively for Contempt (the "Complaint") 1 (Adv. Dkt. No. 1) filed by debtor Princess Bolton and the Answer to Complaint and Memorandum in Opposition...
