MEMORANDUM OPINION Charles M. Walker , U.S. Bankruptcy Judge . This matter has been placed before the Court by a creditor's complaint pursuant to 11 U.S.C. 727(a)(4) and (7). The Plaintiff urges the Court to infer the intent of the Debtor to hinder her creditors by the misrepresentation of her income and assets in her schedules, and the Plaintiff presents substantial evidence to establish that inference. In order to overcome the inference, the Debtor/Defendant must provide evidence that...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court on Cynthia Renee White's ("debtor") complaint to determine whether Richard Tekely's ("defendant") claim was discharged and to hold him in contempt for violating the discharge injunction. A trial was held on October 24, 2019, at which the defendant was the only witness. For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Federal Rule of...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . The trial of this case resembled a "who-done-it." Who owns the four Russian beltfed machine guns and twelve AK-47 assault rifles Where are these guns Who absconded with the guns and other personal property Was there an unauthorized use of another's credit cards without an intent to indemnify the responsible guarantor This matter is before the Court on the complaint filed by Erik D. Lawrence ("Lawrence") and his companies,...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court upon First Volunteer Bank's ("FVB") motion for relief from the automatic stay under 11 U.S.C. 362(d)(2) and request for abandonment of the collateral under 11 U.S.C. 554(b). The question raised by FVB's motion is whether the collateral is a deposit account or a certificate of deposit. The parties have agreed to forego a hearing and have this matter decided on their briefs alone. The Court finds...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . Susan R. Limor, Trustee for the above-captioned estate, ("Trustee") filed the above-styled adversary complaint seeking to avoid fraudulent transfers and to recover the value of such transfers. A summary judgment motion was filed by the Trustee against Michelle Lee Anderson ("Defendant"). Summary judgment is appropriate when "there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court upon MarketGraphics Research Group, Inc.'s ("MarketGraphics") renewed motion for summary judgment based on collateral estoppel. For the following reasons, the Court finds that MarketGraphics' motion for summary judgment should be denied. I. PROCEDURAL BACKGROUND Prior to bankruptcy, the District Court entered judgment in favor of MarketGraphics against the debtor in the amount of $332,314.94,...
MEMORANDUM OPINION CHARLES M. WALKER , Bankruptcy Judge . The parties came before this Court over a year ago locked in battle over a parcel of real estate in Nashville, Tennessee. The saga continues here where the conflict rests on the validity of a lis pendens, under Tennessee state law and federal bankruptcy law. BACKGROUND Jackson, as the seller, and Ritzen, as the buyer, entered into a sales contract for a parcel of land located at 1200 49 th Avenue North, Nashville, TN ("Property"...
MEMORANDUM OPINION ACCOMPANYING AGREED ORDER WAIVING DEBTOR'S DISCHARGE AND DISMISSING CASE CHARLES M. WALKER , Bankruptcy Judge . THIS MATTER is before the Court on the Joint Motion to Dismiss Case and Waive Discharge of Debtor ("Motion"). The entry of the Agreed Order will dismiss the case on the request of the Debtor, the Chapter 7 Trustee, and two of the main creditors in the case. On July 27, 2017, this Court entered an Order 1 wherein it ruled that this Debtor did not have the right...
MEMORANDUM OPINION DENYING CHAPTER 13 TRUSTEE'S OBJECTION TO DEBTOR'S EXEMPTIONS, DENYING OBJECTION TO CONFIRMATION OF PLAN, AND DENYING MOTION TO CONVERT TO CHAPTER 7 Randal S. Mashburn , U.S. Bankruptcy Judge . The Chapter 13 Trustee objects to the Debtor's exemption in an Individual Retirement Account ("IRA") because of certain pre-petition activity. If the exemption is allowed, the Debtor is permitted to protect retirement funds totaling nearly $700,000, resulting in unsecured...
MEMORANDUM REGARDING TRUSTEE'S MOTION TO DISBURSE CHARLES M. WALKER , Bankruptcy Judge . This matter was before the Court on the Trustee's motion to disburse a refund (Dkt. #161) received from Ditech Financial, LLC ("Ditech") to Debtor's allowed unsecured claimholders. The Debtor opposed the motion and the matter came for hearing before the Court on January 10, 2018. The parties presented evidence, including the testimony of the Debtor, and offered argument. For the following reasons, the...
MEMORANDUM CHARLES M. WALKER , Bankruptcy Judge . This matter is before the Court on remand from the Sixth Circuit Bankruptcy Appellate Panel ("Panel") for determination of one issue: did the petitioning creditor rely to his detriment on the alleged debtors' misrepresentations in a state court proceeding when he filed involuntary bankruptcy cases against them as the sole petitioning creditor Background Ivan Qi ("Mr. Qi") entered into an agreed judgment in the amount of $2.5 million in...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . This matter is before the Court upon the United States Trustee's ("UST") motion to dismiss pursuant to 11 U.S.C. 707(b)(2) and (b)(3), or in the alternative, 11 U.S.C. 707(a). For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Federal Rule of Bankruptcy Procedure 7052, as made applicable by Federal Rule of Bankruptcy Procedure 9014(c), the Court finds that the UST's...
MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . This matter is before the Court upon Paul Allen's ("Mr. Allen") complaint to determine the dischargeability of his claim pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4), (a)(6), and (a)(10). Mr. Allen also asserts that the debtor, Michael Ross Smith ("Mr. Smith"), violated the Tennessee Consumer Protection Act ("TCPA") and that he is entitled to attorney fees and treble damages. For the following reasons, which represent the Court'...
ORDER GRANTING IN PART AND DENYING IN PART THE FIRST AND FINAL APPLICATION FOR COMPENSATION FOR SUSAN R. LIMOR, ATTORNEY AT LAW, PC ATTORNEYS FOR TRUSTEE THE HONORABLE CHARLES M. WALKER , UNITED STATES BANKRUPTCY JUDGE . This matter was before the court for consideration of the first and final application for compensation for Susan R. Limor, Attorney at Law, PC as attorneys for the Chapter 7 trustee. The Court having considered the application, the objections, the agreed order with the...
Memorandum Opinion THE HONORABLE CHARLES M. WALKER , UNITED STATES BANKRUPTCY JUDGE . Before the court is the reorganized debtor, Mountain Glacier, LLC's (the "Debtor") adversary Complaint against Nestle Waters North America, Inc. ("Nestle") seeking declaratory judgment pursuant to 28 U.S.C. 220. The Debtor seeks a determination as to whether the Debtor's confirmed plan of reorganization preserved its interest in and right to pursue a prepetition claim against Nestle. The Debtor now...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . Samuel K. Crocker, United States Trustee for Region 8 (hereinafter "U.S. Trustee"), filed the above-styled adversary complaint to determine whether the debtors should be denied a discharge pursuant to 11 U.S.C. 727(a)(2), (a)(3), (a)(4), and (a)(5). 1 For the following reasons, which represent the Court's findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a)(1), as incorporated by Federal...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon the Chapter 7 Trustee's (hereinafter "Trustee") motion to disallow the claims of Cengage Learning, Inc., Pearson Education, Inc., John Wiley & Sons, Inc., Elsevier, Ltd., and McGraw-Hill Global Education Holdings, LLC (hereinafter collectively "Publishers"). The Trustee asserts that the Publishers' claims should be disallowed because the debtor is not the entity that infringed on the Publishers'...
MEMORANDUM OPINION MARIAN F. HARRISON , Judge . This matter came to be heard upon Heritage Bank, USA, Inc.'s (hereinafter "Heritage Bank") motion to dismiss or convert, the debtor's Amended Second Disclosure Statement, and the debtor's request for the continued use of cash collateral. For the following reasons, which represent the Court's findings of fact and conclusions of law, pursuant to Fed. R. Civ. P. 52(a)(1), as incorporated by Fed. R. Bankr. P. 7052, and made applicable by Fed. R....
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came to be heard upon the debtor's Motion to Enforce Settlement Agreement Combined with Motion to Dismiss the above-styled adversary proceeding and the defendant's Motion for Entry of Default. The Court took the matter under advisement to review all the pleadings and exhibits, including particularly the Marital Dissolution Agreement, as incorporated into the Final Decree for Divorce, entered on February 8, 2016, in the...
OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter came before the Court on the Chapter 13 Trustee's objection to the debtor's motion to modify her plan. The Chapter 13 Trustee objected to the motion because the proposed modifications would shorten the length of the debtor's confirmed plan below the applicable commitment period, as required by 11 U.S.C. 1325(b), without paying unsecured creditors in full. The Court agrees with the Chapter 13 Trustee. I. FACTS The relevant...
