MEMORANDUM OPINION ON THE MOTION FOR ORDER DIRECTING IMMEDIATE, INTERIM PAYMENT OF FEES IN SECOND AND THIRD FEE APPLICATIONS IN AN AMOUNT NOT LESS THAN AMOUNTS NOT OBJECTED TO ON A LINE-ITEM BASIS [DKT. NOS. 1243 AND 1400] EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the trial on the Motion for Order Directing Immediate, Interim Payment of Fees in Second and Third Fee Applications in an Amount Not Less Than Amounts Not Objected to on a Line-Item Basis [...
MEMORANDUM OPINION AND ORDER ON THIRD AMENDED COMPLAINT TO DETERMINE THE DISCHARGEABILITY OF A DEBT PURSUANT TO 11 U.S.C. 523(a)(4) Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for trial (the "Trial") on August 31, 2016, on the Third Amended Complaint to Determine the Dischargeability of a Debt Pursuant to 11 U.S.C. 523(a)(4) (the "Adversary Complaint") (Adv. Dkt. 23) 1 filed by Cross Point Church and the Amended Response to Third Amended...
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF DEBTOR'S PLAN OF REORGANIZATION AND DISMISSING CASE Katharine M. Samson , United States Bankruptcy Judge . THIS MATTER came on for hearing on July 28, 2016, for final approval of the Second Amended Disclosure Statement (Dkt. No. 101) and the continued hearing on Confirmation of the Plan of Reorganization (Dkt. No. 72) filed by Slabbed New Media, LLC ("Slabbed"); and on the objections thereto filed by Henry G. Hobbs, Jr., Acting United...
MEMORANDUM OPINION KATHARINE M. SAMSON , Judge . This matter came on for trial on April 26, 2016. Adv. Dkt. No. 22. 1 Hometown Credit, LLC, brought suit to have the obligation owed to it by Jeanette Peters declared nondischargeable under 11 U.S.C. 523(a)(2)(B). At trial, Stacey Moore Buchanan represented Hometown Credit, LLC, and Richard Grindstaff represented Jeanette Peters. The Court, having considered the evidence, finds that the obligation is excepted from discharge. 2 I....
MEMORANDUM OPINION ON THE SUPPLEMENT TO TRUSTEE'S FIRST APPLICATION FOR INTERIM COMPENSATION AS THE CHAPTER 11 TRUSTEE OF COMMUNITY HOME FINANCIAL SERVICES, INC. EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the trial on the Supplement to Trustee's First Application for Interim Compensation as the Chapter 11 Trustee of Community Home Financial Services, Inc. [Dkt. #984] (Dkt. #1136) filed by Kristina M. Johnson, Trustee of Community Home Financial...
MEMORANDUM OPINION ON TRUSTEE'S FIRST APPLICATION FOR INTERIM COMPENSATION AS THE CHAPTER 11 TRUSTEE OF COMMUNITY HOME FINANCIAL SERVICES, INC. EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the trial on the Trustee's First Application for Interim Compensation as the Chapter 11 Trustee of Community Home Financial Services, Inc. (Dkt. #984) filed by Kristina M. Johnson, Trustee of Community Home Financial Services, Inc. and Edwards Family...
FINAL JUDGMENT ON THE DEFENDANT/CREDITOR MISSISSIPPI DEPARTMENT OF REVENUE'S SECOND AMENDED MOTION TO DISMISS ADVERSARY COMPLAINT, OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the request for summary judgment contained in the Defendant/Creditor Mississippi Department of Revenue's Second Amended Motion to Dismiss Adversary Complaint, or,...
MEMORANDUM OPINION Judge Edward Ellington , United States Bankruptcy Judge. THIS MATTER came before the Court on the Defendant/Creditor Mississippi Department of Revenue's Second Amended Motion to Dismiss Adversary Complaint, or, in the Alternative, Motion for Summary Judgment (Adv. Dkt. #42) and the Response in Opposition to Defendants' Second Amended Motion to Dismiss Adversary Complaint, or, in the Alternative, Motion for Summary Judgment (Adv. Dkt. #44) filed by Norman T. Watson....
JUDGMENT ON MOTION TO DISMISS EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. is well-taken in part and that the Chapter 13 Trustee's claim pursuant to 11 U.S.C. 327 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7) is hereby dismissed. IT IS...
MEMORANDUM OPINION Edward Ellington , Judge THIS MATTER came before the Court on the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. and the Response in Opposition to Defendants' Motion to Dismiss (Adv. Dkt. #22) filed by James L. Henley, Jr., Chapter 13 Trustee. Having considered same and the respective briefs filed by the parties, the Court finds that the Motion to Dismiss (Adv. Dkt. #18) filed by the Patrick C. Malouf and Porter &...
FINAL JUDGMENT ON THE SECOND AMENDED COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. 523 EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the Second Amended Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. 523 is well taken and that the indebtedness owed to Trustmark National Bank in the amount of $35,765.21 (the loan balance as of July 29, 2014)...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE SECOND AMENDED COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. 523 EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court for the trial on the Second Amended Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. 523 (Adv. Dkt. #45) filed by Trustmark National Bank and the Second Amended Answer (Adv. Dkt. #46) filed by Kenneth Harlan Jenkins. After considering same, the...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MDOR'S MOTION FOR SUMMARY JUDGMENT ANDSUA SPONTE GRANTING IN PART SUMMARY JUDGMENT FOR THE DEBTOR NEIL P. OLACK , Bankruptcy Judge . There came on for consideration the Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 22) 1 filed by the Mississippi Department of Revenue 2 (the "MDOR"); the Brief in Support of Motion for Summary Judgment ("MDOR's Brief") (Adv. Dkt. 23) filed by the MDOR; the Response...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Edward Ellington , Judge . FORWARD The matter before the Court involves two different cases which were filed by the same debtor. The first case was filed in 2000, and is still open. The second case was filed fourteen (14) years later in 2014. On August 17, 2000, case number 00-53489EE was filed by Rick Myers and Tina Myers dba P & L Properties dba Express Personnel (2000 Case). Kimberly R. Lentz is the Chapter 7 Trustee for the 2000 Case. On...
MEMORANDUM OPINION AND ORDER ON COMPLAINT AND MOTION TO LIFT AUTOMATIC STAY NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for trial (the "Trial") on January 13, 2016 on the Complaint (the "Complaint") (Adv. Dkt. 1) 1 filed by Valerie Denise Nickelson (the "Debtor") against Franklin Check Service, LLC ("Franklin Check Service") and John Laird ("Laird" or together with Franklin Check Service, the "Defendants") in the Adversary. Also before the Court was the Motion to...
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ENTRY OF DISCHARGE Judge Katharine M. Samson , United States Bankruptcy Judge . Before the Court is the Certification and Motion for Entry of Discharge (Dkt. No. 69) filed by Catherine J. Pacher and Notice of Objection (Dkt. No. 72) filed by Simone J. Simone and Response (Dkt. No. 75) filed by Pacher. The Court held a hearing on the motion on March 3, 2016. Dkt. No. 76. As set forth below, the non-dischargeable judgment obtained by...
