ORDER WILLIAM L. STOCKS, Bankruptcy Judge. In accordance with the memorandum opinion filed contemporaneously herewith, it is ORDERED, ADJUDGED AND DECREED as follows: (1) Reedy Fork Investments, LLC is hereby allowed an unsecured nonpriority claim in the amount of $229,113.70; and (2) All other amounts sought in the claims and application filed on behalf of Reedy Fork Investments, LLC are hereby disallowed.
MEMORANDUM OPINION WILLIAM L. STOCKS, Bankruptcy Judge. This adversary proceeding came before the court for hearing on the Defendant's motion pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure and Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Plaintiffs amended complaint for failure to state a claim for relief, and for failure to plead claims with sufficient particularity as required by Rule 7008 of the Federal Rules of Bankruptcy Procedure and Rule 8...
MEMORANDUM OPINION WILLIAM L. STOCKS, Bankruptcy Judge. These cases came before the Court on May 17, 2011, for hearing on the Motion for Summary Judgment (the "Motion") filed by PTM Technologies, Inc., the Plaintiff in these adversary proceedings and the Debtor in the underlying chapter 11 case, and the Cross-Motions for Summary Judgment ("Cross-Motion") filed by the Defendants. Charles M. Ivey, IV and Charles M. Ivey, III appeared on behalf of the Plaintiff. James C. Lanik appeared on...
MEMORANDUM OPINION THOMAS W. WALDREP, JR., Bankruptcy Judge. This matter came before the Court on January 20, 2011, upon the Plaintiff's Motion for (I) Remand of the Claims Involving the Plaintiff the Non-Debtors (sic), or, in the Alternative, (II) Mandatory Abstention of the Claims Involving the Non-Debtors and Remand to State Court, or, in the Further Alternative, (III) Permissive Abstention of All Claims and Remand to State Court (the "Motion to Remand") filed by the above-captioned...
ORDER AND OPINION DENYING CONFIRMATION OF PLAN CATHARENE R. ARON, Bankruptcy Judge. THIS MATTER came before the Court on December 2, 2010, after due and proper notice, for a hearing on the Debtors' proposed Chapter 13 plan. Edward C. Boltz appeared at the hearing on behalf of the Debtors and Benjamin Lovell appeared on behalf of the Chapter 13 Trustee. Having considered the proposed plan, the evidence offered at the hearing, and other matters of record, the Court makes the following findings...
