MEMORANDUM OPINION EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Complaint (Adv. Dkt. #1) filed by Trustmark National Bank and the Response to Complaint Objecting to Discharge or to Determine the Dischargeability of Debt (Adv. Dkt. #11) filed by Glen Leon Collins, Sr. and Charlotte Denise Collins. Having considered same, the evidence presented at trial, and the respective briefs filed by the parties, the Court finds that Mr. Collins should be denied a...
OPINION AND ORDER REMANDING ADVERSARY PROCEEDING Katharine M. Samson , United States Bankruptcy Judge . Before the Court is Plaintiff's Motion for Mandatory Abstention or in the Alternative to Remand (Adv. ECF No. 16) 1 and Defendants' Response in opposition (Adv. ECF No. 22). Decisions on abstention and remand are within the bankruptcy court's core jurisdiction under 28 U.S.C. 157(b)(2)(A). This adversary proceeding was commenced as a state court action ("Lawsuit"), which was...
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge. There came on for consideration the Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 11) 1 filed by BancorpSouth Bank, successor by merger to Ouachita Independent Bank ("BancorpSouth"); and the Memorandum Brief in Support of Motion for Summary Judgment (the "BancorpSouth Brief") (Adv. Dkt. 12) filed by BancorpSouth in the Adversary. In support of its...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT NEIL P. OLACK , Bankruptcy Judge . There came on for consideration the Motion to Dismiss (the "Motion to Dismiss") (Adv. Dkt. 35) 1 filed by Seterus, Inc. ("Seterus"); the Plaintiff's Response to Motion to Dismiss (the "Response in Opposition to Motion to Dismiss") (Adv. Dkt. 40); the Plaintiff's Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 36)...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE COMPLAINT OBJECTING TO DISCHARGEABILITY PURSUANT TO 11 U.S.C. 523(a)(2)(A) EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the trial on the Complaint Objecting to Dischargeability Pursuant to 11 U.S.C. 523(a)(2)(A) (Adv. Dkt #1) filed by Car Financial Services, Inc. and the Defendant's Amended Answer and Defenses to Plaintiff's Complaint (Adv. Dkt. #10) filed by Thomas Jamison. Having considered the...
ORDER DENYING RECONSIDERATION AND OTHER REQUESTED RELIEF KATHARINE M. SAMSON , Bankruptcy Judge . By motion filed October 9, 2018, (ECF No. 133) Debtor Robert Joely White seeks reconsideration of the Opinion and Order Granting Motion for Relief from Stay (ECF No. 131) and extension of the fourteen-day period in which he may convert this case to another chapter, that period to expire October 11, 2018, see ECF No. 129. Reconsideration is ORDERED DENIED , and FURTHER ORDERED that to...
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTION OF JAMISON TRUST TO CONFIRMATION OF PLAN FOR PIONEER HEALTH SERVICES OF MONROE COUNTY, INC. WITHOUT PAYMENT OF ITS ADMINISTRATIVE EXPENSES NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for a hearing on September 6, 2018 (the "Confirmation Hearing"), on the Joint Liquidating Chapter 11 Plan (the "Plan") (Dkt. 2919), 1 as amended and modified by the Joint Immaterial Modification to Joint Liquidating Chapter 11 Plan of...
OPINION AND ORDER GRANTING MOTION FOR RELIEF FROM STAY KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for hearing on the Amended Motion for Relief from Automatic Stay, for Abandonment and for Waiver of Fourteen (14) Day Stay ("Motion for Relief") (Ch. 13 ECF No. 70) 1 by Community Bank, Coast ("Bank") with responses (Ch. 13 ECF Nos. 86, 87, 88) by pro se debtor Robert Joely White. The Bank seeks relief for two purposes: (1) to pursue its remedies as to a strip shopping...
JUDGMENT ON THE MOTIONS FOR SUMMARY JUDGMENT EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the Motion of Bobby Moak and Danny E. Cupit for Summary Judgment (Adv. Dkt. #161) is not well taken and that summary judgment is hereby denied. IT IS FURTHER ORDERED that the joinder to MCF AF, LLC's motion contained in WAG, LLC's Amended Combined Response to Motions for Summary Judgment filed by...
MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT Judge Edward Ellington , United States Bankruptcy Judge . THIS MATTER came before the Court on two separate motions 1 for summary judgment, a joinder, and the respective responses: (1) Motion of Bobby Moak and Danny E. Cupit for Summary Judgment (Adv. Dkt. # 161) and MCF AF LLC's Response in Opposition to Motion for Summary Judgment of Bobby Moak and Danny E. Cupit (Adv. Dkt. # 173); (2) MCF AF LLC's Motion for Summary Judgment...
MEMORANDUM OPINION AND ORDER ON U.S. DEPARTMENT OF EDUCATION'S MOTION FOR SUMMARY JUDGMENT NEIL P. OLACK , Bankruptcy Judge . There came on for consideration the U.S. Department of Education's Motion for Summary Judgment (the "Summary Judgment Motion") (Adv. Dkt. 27) 1 filed by the U.S. Department of Education (the "DoE") and the U.S. Department of Education's Memorandum in Support of Motion for Summary Judgment (the "Summary Judgment Brief") (Adv. Dkt. 28) filed by the DoE. The debtor,...
MEMORANDUM OPINION AND ORDER: (1) DENYING MOTION TO STRIKE; (2) DENYING MOTION TO DISMISS WITHOUT PREJUDICE; (3) MODIFYING AUTOMATIC STAY, SUA SPONTE ; AND (4) HOLDING ADVERSARY PROCEEDING IN ABEYANCE Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on June 22, 2018 (the "Hearing"), on the Answer, Defenses & Motions (the "Motion to Dismiss") (Adv. Dkt. 8) 1 filed by April Florine Miller ("April"); 2 the Response in...
MEMORANDUM OPINION AND ORDER SUSTAINING, IN PART, OBJECTION TO CONFIRMATION AND RESPONSE TO MOTION TO VALUE NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on June 4, 2018 (the "Hearing"), on the Objection to Confirmation and Response to Motion to Value (the "Objection") (Dkt. 13) filed by 21st Mortgage Corporation ("21st Mortgage") in the above-referenced bankruptcy case. At the Hearing, Robin Elizabeth Pate represented 21st Mortgage, and Timothy Lamar...
OPINION AND ORDER ON CONFIRMATION OF CHAPTER 11 PLAN Judge Katharine M. Samson , United States Bankruptcy Judge . This matter came on for hearing on the Joint Chapter 11 Amended Plan of Reorganization of the Debtors (ECF No. 876) ("Plan") 2 and the Plan Supplement and Immaterial Modification to Joint Chapter 11 Amended Plan of Reorganization of the Debtors (ECF No. 1055) ("Plan Supplement") filed by Debtors, the Official Committee of Unsecured Creditors, and CAC Properties Inc. ("Plan...
MEMORANDUM OPINION EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the trial on the Motion for Stay Pending Appeal (Dkt. #685) filed by Gluckstadt Holdings, LLC, and the Response in Opposition to Motion for Stay Pending Appeal (Dkt. #686) filed by Derek A. Henderson, Chapter 7 Trustee. Having considered same, the evidence presented at trial, the Court finds that the Motion for Stay Pending Appeal (Dkt. #685) filed by Gluckstadt Holdings, LLC is not well-...
ORDER CONFIRMING THE DEBTOR'S PLAN, AWARDING A FEE TO THE DEBTOR'S ATTORNEY AND RELATED ORDERS KATHARINE M. SAMSON , Bankruptcy Judge . Following the meeting of creditors held pursuant to 11 U.S.C. 341 at which the debtor 1 appeared in person, or whose appearance was waived by order of this Court, to be examined by creditors and other interested parties, notice and an opportunity for objection to confirmation of the plan was provided to all interested parties. Any and all objections to...
MEMORANDUM OPINION AND ORDER ON DEFENDANT UNITED CREDIT CORP OF BROOKHAVEN'S MOTION TO COMPEL ARBITRATION AND TO DISMISS OR STAY CLAIMS PENDING ARBITRATION Judge Neil P. Olack , United States Bankruptcy Judge. This matter came before the Court for hearing on January 12, 2018 (the "Hearing"), on the Defendant United Credit Corp of Brookhaven's Motion to Compel Arbitration and to Dismiss or Stay Claims Pending Arbitration (the "Motion to Compel Arbitration or Stay Claims") (Adv. Dkt. 6) 1...
MEMORANDUM OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT EDWARD ELLINGTON , Bankruptcy Judge . THIS MATTER came before the Court on the Plaintiff's Motion for Summary Judgment (Adv. Dkt. #17) filed by Car Financial Services, Inc. and the Defendant's Response in Opposition to Motion for Summary Judgment (Adv. Dkt. #22) filed by Thomas Jamison. Having considered the motion, response, and corresponding briefs, the Court finds that the Plaintiff's Motion for Summary Judgment (...
OPINION AND ORDER DENYING MOTION TO REOPEN Judge Katharine M. Samson , United States Bankruptcy Judge . Before the Court is the Motion to Reopen Chapter 11 Bankruptcy Case (ECF No. 1204) by Plant Materials LLC ("Plant Materials"); with objections by Richard Cryar ("Trustee"), former Chapter 11 Trustee and current Plan Agent of Alliance Consulting Group LLC ("Debtor"), and interested party Drying Facilities Assets Holding LLC ("DFAH"). Motions to reopen a case are within the bankruptcy...
MEMORANDUM OPINION AND ORDER ON DEFENDANT COUNTRY CREDIT, LLC'S MOTION TO COMPEL ARBITRATION AND TO DISMISS OR STAY CLAIMS PENDING ARBITRATION Judge Neil P. Olack , United States Bankruptcy Judge. This matter came before the Court for hearing on December 15, 2017 (the "Hearing"), on the Defendant Country Credit, LLC's Motion to Compel Arbitration and to Dismiss or Stay Claims Pending Arbitration (the "Motion to Compel Arbitration or Stay Claims") (Adv. Dkt. 13) 1 filed by Country Credit,...
