MEMORANDUM OPINION AND ORDER ON COMPLAINT OBJECTING TO DISCHARGE AND TO DETERMINE DISCHARGEABILITY OF DEBT Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for trial on November 6, 2019 (the "Trial"), on the Complaint Objecting to Discharge and to Determine Dischargeability of Debt (the "Complaint") (Adv. Dkt. 1) 1 filed by Beher Holdings Trust (the "BHT") and the Answer and Defenses to Complaint Objecting to Discharge and to Determine...
MEMORANDUM OPINION AND ORDER REGARDING OBJECTION TO CONFIRMATION NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on October 18, 2019 (the "Hearing"), on the Objection to Confirmation (the "Claim #9 Objection") (Dkt. 20) filed by U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust,...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO SELL PROPERTY FREE AND CLEAR OF LIENS, INTEREST, ENCUMBRANCES AND CLAIMS—CHURCH ROAD PROPERTY NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on October 8, 2019 (the "Hearing"), on the Motion to Sell Property Free and Clear of Liens, Interest, Encumbrances and Claims — Church Road Property (the "Motion for Sale") (Dkt. 786) 1 filed by Derek A. Henderson, the chapter 7 trustee (the "Trustee") for the VCR I,...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court on the Order issued by Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi, Northern Division (the "District Court") in Origin Bank, formerly known as Community Trust Bank v. Mitchell Chad Barrett, No. 3:17-cv-00920-CWR-LRA (S.D. Miss. June 11, 2019) (the "Referral Order") (Adv. Dkt. 1), 1...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS ADVERSARY PROCEEDING AND SEVERING THE CONSOLIDATED CLAIM LITIGATION FROM THE ADVERSARY PROCEEDING Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on August 27, 2019 (the "Hearing"), on the Defendants' Motion to Dismiss Adversary Proceeding (the "Motion to Dismiss") (Adv. Dkt. 28) 1 filed by Cindy L. Winstead ("Cindy Winstead"), Phillip Q Winstead (together with Cindy...
ORDER GRANTING TURNOVER OF VEHICLE AND EXTENDING AUTOMATIC STAY Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on September 9, 2019 (the "Hearing") on the Complaint for Turnover of Property, Contempt and For Violations of the Automatic Stay (the "Complaint") (Adv. Dkt. No. 1) 1 filed by Ebony Nicole Stewart (the "Debtor") in the Adversary; the Response and Answer to Complaint for Turnover of Property, Contempt and For Violation of...
MEMORANDUM OPINION AND ORDER OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on August 26, 2019 (the "Hearing"), on the Trustee's Objection to Debtor's Claim of Exemptions (the "Objection") (Dkt. 24) filed by James L. Henley, Jr., the duly appointed standing chapter 13 trustee (the "Trustee"), in the above-referenced bankruptcy case. At the Hearing, Tylvester O. Goss...
OPINION AND ORDER DENYING RELIEF FROM STAY KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for hearing on the Motion for Relief from Automatic Stay by creditor Bank of New York Mellon Trust Company N.A. as Trustee for Mortgage Assets Management Series 1 Trust ("Bank"), ECF No. 15, with response in opposition by debtor Lewis M. Winstead, ECF No. 23. The Bank requests relief as to the real property at 2504 Hardy Parker Road, Moss Point, Mississippi 39562 ("Property"). This...
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BY HANOVER AND DENYING MOTION FOR SUMMARY JUDGMENT BY THE FIRST KATHARINE M. SAMSON , Bankruptcy Judge . This matter is before the Court on cross-motions for summary judgment by Third-Party Plaintiff Hanover Insurance Company ("Hanover"), ECF No. 34, and Third-Party Defendant The First, a national banking association ("The First"), ECF No. 42. 1 Each party asserts entitlement to funds ("Disputed Funds") currently held in part by...
MEMORANDUM OPINION AND ORDER ON COMPLAINT NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court 1 for hearing on May 1-2, 2019 (the "Trial"), on the Complaint Objecting to Discharge of a Particular Debt ("the Complaint") (Adv. Dkt. 1) 2 filed by Dreux Seghers ("Seghers"); the Debtor's Answer to Complaint Objecting to Discharge of a Particular Debt ("the Answer") (Adv. Dkt. 7) filed by R. Lance Johansen ("Johansen"); the Memorandum Brief in Support of Exception to...
MEMORANDUM OPINION AND ORDER ON COMPLAINT OBJECTING TO DISCHARGE NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for trial on May 30, 2019 (the "Trial"), on the Complaint Objecting to Discharge (the "Complaint") (Adv. Dkt. 1) 1 filed by the chapter 7 trustee, Stephen Smith (the "Trustee"), and the Defendant's Answer to Trustee's Objection to Discharge (the "Answer") (Adv. Dkt. 7) filed by the debtor, Tracy Lynn Nichols (the "Debtor"), in the Adversary. The Court...
MEMORANDUM OPINION AND ORDER ON INVOLUNTARY PETITION AGAINST A NON-INDIVIDUAL; ON-SITE FUEL SERVICE, INC.'S ANSWER TO INVOLUNTARY PETITION FOR BANKRUPTCY AND COUNTERCLAIM UNDER 11 U.S.C. 303(i); ANSWER AND AFFIRMATIVE DEFENSES OF PETITIONING CREDITORS TO COUNTERCLAIM UNDER 11 U.S.C. 303(i); AND OBJECTIONS TO COUNTER-DESIGNATIONS OF DEPOSITION EXCERPTS FILED BY PETITIONING CREDITORS AS TO CERTAIN JOINING CREDITORS AND JARED PRENTISS [DKT. NOS. 132-140] NEIL P. OLACK , Bankruptcy Judge ....
OPINION AND ORDER DENYING MOTION TO REOPEN Judge Katharine M. Samson , United States Bankruptcy Judge . This matter came on for hearing on the motion to reopen the chapter 11 cases of Friede Goldman Halter Inc. ("FGH") and an unspecified number of thirty-one affiliated companies (collectively with FGH, "Debtors"), ECF No. 8046, 1 under 11 U.S.C. 105(a) and 350(b) and Rule 5010 of the Federal Rules of Bankruptcy Procedure. This proceeding is within the bankruptcy court's core...
MEMORANDUM OPINION AND ORDER ON DEFENDANTS' AMENDED MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on March 6, 2019 (the "Hearing"), on the Defendants' Amended Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (the "Amended Motion to Dismiss") (Adv. Dkt. 61) 1 filed by Cenlar FSB ("Cenlar") and CMG Mortgage, Inc. ("CMG"); the Memorandum in Support of Amended Motion...
OPINION AND ORDER ON UNITED STATES TRUSTEE'S COMPLAINT OBJECTING TO DICHARGE (Dkt. No. 1) KATHARINE M. SAMSON , Bankruptcy Judge . THIS MATTER is before the Court on the United States Trustee's Complaint Objecting to Discharge ("Complaint") of the Debtors, Michael T. Long and Jennifer Long ("Debtors"). Adv. ECF No. 1. The United States Trustee ("UST") alleges Debtors intended to hinder, delay, or defraud a creditor or officer of the estate by failing to disclose property of the estate in...
OPINION AND ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION KATHARINE M. SAMSON , Bankruptcy Judge . This matter is before the Court on the motion for summary judgment ("Motion"), ECF No. 11, 1 by Defendant Southern Financial Systems Inc. ("SFS"), with response in opposition by Plaintiff/Debtor Michelle L. Magee; and on Magee's cross-motion for partial summary judgment, ECF No. 26. The Complaint was filed after the alleged "failure of...
MEMORANDUM OPINION AND ORDER DENYING EMERGENCY MOTION FOR IMPOSITION OF THE AUTOMATIC STAY, FOR DAMAGES, SANCTIONS AND FOR CONTEMPT NEIL P. OLACK , Bankruptcy Judge . This matter came before the Court for hearing on March 1, 2019 (the "Hearing"), on the Emergency Motion for Imposition of the Automatic Stay, for Damages, Sanctions and for Contempt (the "Emergency Motion") (Dkt. 76) filed by the debtor, Alexander Seawright Transportation, LLC (the "Debtor"); the Response to Debtor's...
MEMORANDUM OPINION AND ORDER DENYING CONFIRMATION OF PLAN OF REORGANIZATION FOR SMALL BUSINESS UNDER CHAPTER 11 Judge Neil P. Olack , United States Bankruptcy Judge . This matter came before the Court for hearing on February 5, 2019 (the "Confirmation Hearing"), on the Plan of Reorganization for Small Business Under Chapter 11 (the "Plan") (Dkt. 80) filed by the debtor, Two Streets, Inc. ("Two Streets"), the Court having previously entered the Order Conditionally Approving Disclosure...
MEMORANDUM OPINION AND ORDER GRANTING AMENDED MOTION TO APPROVE JOINDER IN INVOLUNTARY PETITION AND DENYING MOTION TO DISMISS INVOLUNTARY PETITION AND REQUEST FOR MONEY JUDGMENT AGAINST PETITIONING CREDITOR FOR COSTS, ATTORNEYS' FEES AND DAMAGES NEIL P. OLACK , Bankruptcy Judge . As set forth in the Agreed Order (Dkt. 40), this matter came before the Court for hearing on January 10, 2019 (the "Hearing"), on the Motion to Dismiss Involuntary Petition and Request for Money Judgment Against...
OPINION AND ORDER COMPELLING SURRENDER (Dkt. # 72) KATHARINE M. SAMSON , Bankruptcy Judge . This matter came on for hearing on the Motion to Compel Debtors to Comply with Prior Agreed Orders for Surrender of Real Property, ECF No. 72, by U.S. Bank, N.A., as trustee for Mid-State Trust XI by Ditech Financial LLC as servicer with delegated authority; and the Response, ECF No. 75, by Debtors Jamie Lee House and Domita Tawnee House. This proceeding is within the bankruptcy court's core...
