MEMORANDUM OPINION AND ORDER GRANTING MISSISSIPPI DEPARTMENT OF REVENUE'S MOTION TO DISMISS ADVERSARY COMPLAINT, OR, IN THE ALTERNATIVE MOTION FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court at a hearing held on July 15, 2015 (the "Hearing") on the Mississippi Department of Revenue's Motion to Dismiss Adversary Complaint, or, in the Alternative, Motion for Summary Judgment (the "Motion") (Adv.Dkt. No. 6) 1 filed by the...
MEMORANDUM OPINION ON THE FIFTH APPLICATION OF ATTORNEY FOR THE DEBTOR FOR ALLOWANCE OF FEES AND ALLOWANCE OF COSTS AND EXPENSES EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Fifth Application of Attorney for the Debtor for Allowance of Fees and Allowance of Costs and Expenses (Dkt. #443) filed by Derek A. Henderson, attorney for Debtor and Edwards Family Partnership, L.P. and Beher Holdings Trust's Objection to Fee Applications of Derek Henderson (DK...
ORDER APPROVING DISCLOSURE STATEMENT SUBJECT TO AMENDMENTS NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on November 10, 2015 (the "November Hearing") on the Disclosure Statement (the "Disclosure Statement") (Dkt. 125) filed by the debtor, R. David Sanders (the "Debtor"); the Objection to Disclosure Statement (the "Objection") (Dkt. 132) filed by Trustmark National Bank ("Trustmark"); the United States Trustee's Objection to Debtor's Disclosure Statement...
MEMORANDUM OPINION EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the First Application for Compensation for the Period of January 2, 2014 through July 31, 2014, and Reimbursement of Expenses by the Law Firm of Jones Walker LLP as Counsel to Kristina M. Johnson, Trustee of the Estate of Community Home Financial Services, Inc. (Dkt. #783) filed by Kristina M. Johnson, Chapter 11 Trustee; Edwards Family Partnership, L.P. and Beher Holdings Trust's Objection to...
AMENDED 1 ORDER ON THE FIRST APPLICATION FOR COMPENSATION FOR THE PERIOD OF JANUARY 2, 2014 THROUGH JULY 31, 2014, AND REIMBURSEMENT OF EXPENSES BY THE LAW FIRM OF JONES WALKER LLP AS COUNSEL TO KRISTINA M. JOHNSON, TRUSTEE OF THE ESTATE OF COMMUNITY HOME FINANCIAL SERVICES, INC. (DKT. #783) EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the First Application for Compensation for...
FINAL JUDGMENT ON CREDITOR'S (VOGEL NEWSOME) MOTION FOR RELIEF FROM ORDER/JUDGEMENT (sic); MOTION FOR RULE 11 SANCTIONS OF AND AGAINST ROBERT REX McRANEY JR./McRANEY & McRANEY; AND REQUEST TO BE ADVISED OF CONFLICT-OF-INTERESTS (DKT. #34) EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that "CREDITOR'S (VOGEL NEWSOME) MOTION FOR RELIEF FROM ORDER/JUDGEMENT (sic); MOTION FOR RULE 11 SANCTIONS OF AND...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CREDITOR'S (VOGEL NEWSOME) MOTION FOR RELIEF FROM ORDER/JUDGEMENT (sic); MOTION FOR RULE 11 SANCTIONS OF AND AGAINST ROBERT REX McRANEY JR./McRANEY & McRANEY; AND REQUEST TO BE ADVISED OF CONFLICT-OF-INTERESTS (DKT. #34) FINDINGS OF FACT 1 EDWARD ELLINGTON , Bankruptcy Judge . On December 3, 2010, Vogel Newsome ("Newsome"), as a pro se Plaintiff, filed a Complaint in the United States District Court for the Southern District of Mississippi (...
MEMORANDUM OPINION ON THE COMPLAINT OBJECTING TO DISCHARGE PURSUANT TO 11 U.S.C. 727 AND DISCHARGEABILITY PURSUANT TO 11 U.S.C. 523 Edward Ellington , United States Bankruptcy Judge . THIS MATTER came before the Court for the trial on the Complaint Objecting to Discharge Pursuant to 11 U.S.C. 727 and Dischargeability Pursuant to 11 U.S.C. 523 (Adv.Dkt.# 1) filed by A & M Investments, LLC, Surekha Patel and Trishan, LLC, and the Response to Complaint Objecting to Discharge...
MEMORANDUM OPINION EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Amended Motion to Dismiss 11 U.S.C. Section 523(a)(2)(B) Allegations and Alternatively to Dismiss Complaint in its Entirety for Failure to Properly Serve Defendant (Adv. Dkt. #12) filed by Newyliau Sombree Harris and Capital urniture Company, Inc's Response to Debtor's Amended Motion to Dismiss (Adv. Dkt. #13). Having considered same, the Court finds that the motion should be granted...
MEMORANDUM OPINION Edward Ellington , United States Bankruptcy Judge . THIS MATTER came before the Court for the trial on the (1) Motion to Convert Under 11 U.S.C. 1307(C)(sic) (Dkt. #142) filed by Trustmark National Bank; (2) Memorandum in Opposition to Trustmark National Bank's Motion to Convert Under 11 U.S.C. 1307(C)(sic) filed by Patricia L. Smith (Dkt. #192) 1 ; (3) Motion to Dismiss Case Under Section 1307(b) (Dkt. #144) filed by Patricia L. Smith; and (4) Response to...
