MEMORANDUM ON MOTION TO COMPROMISE DISPUTE SUZANNE H. BAUKNIGHT , Bankruptcy Judge . The contested matter before the Court is the Motion to Compromise Dispute ("Motion") [Doc. 58] filed by Michael H. Fitzpatrick, the Chapter 7 Trustee (the "Trustee"), on May 18, 2018, seeking approval of a compromise and settlement between Debtor's bankruptcy estate and Debtor's former spouse, Clifton Boone, Jr. ("Boone"). Objections were filed by Debtor and creditors Raymond and Doris Davis ("the Davises"...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . I. Introduction This case came to be heard on July 23, 2018, upon the Motion of Debtors for Modification of Their Confirmed Chapter 11 Plan filed pro se by Debtor George Robert Hanson and Joint Debtor Mary Darlene Hanson ("the Debtors") on May 21, 2018. (Doc. No. 372). 1 Also before the Court are objections to the Debtors' motion to modify filed by the U.S. Trustee (Doc. No. 387) and creditor Nationstar Mortgage, LLC, d/b/a Mr. Cooper ("...
MEMORANDUM OPINION SHELLEY D. RUCKER , Bankruptcy Judge . I. Procedural History On March 13, 2018, Church of God, a Tennessee Non-Profit Corporation ("Plaintiff") filed a complaint in this adversary proceeding against Troy Scott Carter ("Debtor" or "Defendant"). [Doc. No. 1, Complaint]. 1 The Plaintiff amended the complaint on March 14, 2018. [Doc. No. 6]. The Plaintiff seeks a nondischargeable judgment in the amount of $3,652,550.22. [ Id. at 10]. The amended complaint alleges that...
MEMORANDUM MARCIA PHILLIPS PARSONS , Chief Bankruptcy Judge . In this adversary proceeding, the plaintiffs Cynthia Ellsworth and her company EMS Universal ID, LLC ("EMS-LLC") seek a judgment and a determination of nondischargeability under 11 U.S.C. 523(a)(2)(A), (4), and (6) against the debtor and defendant Michael Scott Carmichael. Presently before the court is Mr. Carmichael's motion to dismiss. He contends that the complaint which describes a failed romantic and business relationship...
MEMORANDUM OPINION SHELLEY D. RUCKER , Bankruptcy Judge . I. Background On March 15, 2018, Joe H. Martin, individually and derivatively on behalf of Chattanooga Veterinary Network, LLC; Rowdy Joe Management, LLC; and Alliscar Vet Services, LLC ("Plaintiffs"), filed this adversary proceeding against Maynard Watson Thompson, Jr., and Holly Christine Thompson ("Defendants" or "Debtors"). [Doc. No. 1]. 1 The complaint alleges that certain debts owed by the Debtors to the Plaintiffs are...
MEMORANDUM Nicholas W. Whittenburg , UNITED STATES BANKRUPTCY JUDGE . This case is before the court on the Trustee's Motion to Compromise and Settle a Medical Product Liability Claim and to Pay Attorney Fees, Medical Liens and Expenses that was filed on March 16, 2018. The debtor does not challenge the reasonableness of the settlement. Rather, she opposes the motion on the ground that the funds do not constitute property of the bankruptcy estate that the trustee may administer. After...
MEMORANDUM NICHOLAS W. WHITTENBURG , Bankruptcy Judge . This adversary proceeding is before the court on the Motion for Summary Judgment filed by the plaintiff on May 17, 2018. The defendant did not respond to the motion within 21 days, so the material facts set forth in the movant's statement are deemed admitted, E.D. Tenn. LBR 7056-1(b), and the court construes the failure to respond "to mean, that the respondent does not oppose the relief requested by the motion," E.D. Tenn. LBR 7007-1(...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . On October 13, 2017, the Chapter 7 Trustee, Jerrold D. Farinash ("Trustee" or "Plaintiff") filed a complaint in this adversary proceeding against Robert and Abbey Ellis ("Defendants") seeking to set aside an alleged fraudulent transfer of real property pursuant to 11 U.S.C. 548. [Doc. No. 1, Complaint]. 1 The Trustee alleges that when the Debtors transferred the property to the Defendants they received less than reasonably equivalent...
MEMORANDUM ON EMERGENCY MOTION BY THE UNITED STATES OF AMERICA TO MODIFY THE AUTOMATIC STAY TO PERMIT LEVY SUZANNE H. BAUKNIGHT , UNITED STATES BANKRUPTCY JUDGE . This contested matter is before the court on the Emergency Motion by the United States of America to Modify the Automatic Stay to Permit Levy ("Motion for Stay Relief") filed on October 13, 2017 [Doc. 17], asking the Court to modify and annul the automatic stay pursuant to 11 U.S.C. 362(d)(1) so that the Internal Revenue...
MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT SUZANNE H. BAUKNIGHT , Bankruptcy Judge . On May 23, 2016, Plaintiff initiated this adversary proceeding by the filing of a complaint, asking the Court to deny Defendant his discharge pursuant to 11 U.S.C. 727. 1 Presently before the Court are (1) Defendant's Motion for Summary Judgment with supporting documents [Adv. Docs. 56, 57, 58] and (2) Plaintiff's response in opposition [Adv. Doc. 62]. 2 This is a core proceeding pursuant to 28 U.S.C....
