MEMORANDUM OPINION RE: CHAPTER 11 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AS TO CNH INDUSTRIAL CAPITAL AMERICA, LLC'S AMENDED MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Jimmy L. Croom , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the chapter 11 trustee's ("Trustee") motion for summary judgment as to CNH Industrial Capital America, LLC's ("CNHi") amended motion for allowance of an administrative expense claim. The Trustee asserts she is entitled to summary...
ORDER DENYING MOTION TO STRIKE CERTAIN ITEMS FROM APPELLANTS' DESIGNATION OF RECORD ON APPEAL JIMMY L. CROOM , Bankruptcy Judge . At issue in this proceeding is whether three items the debtors designated as part of the record on appeal should be stricken. The defendant asserts these items were improperly designated because (1) none of these documents were entered into evidence during the trial in this matter and (2) the Court did not rely on the documents in ruling on the dischargeability...
MEMORANDUM OPINION RE: CHAPTER 7 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AS TO CNH INDUSTRIAL CAPITAL AMERICA, LLC'S AMENDED MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Jimmy L. Croom , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the chapter 7 trustee's ("Trustee") motion for summary judgment as to CNH Industrial Capital America, LLC's ("CNHi") amended motion for allowance of an administrative expense claim. The Trustee asserts she is entitled to summary...
ORDER GRANTING COUNTER-DEFENDANT'S MOTION TO DISMISS COUNTER-PLAINTIFF'S COUNTERCLAIM AS TO FRAUD/MISREPRESENTATION ONLY JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of Plaintiff/Counter-Defendant Joseph B. Sharp, II, [Adv. Proc. Dkt. No. 16] to dismiss the Counterclaim [Adv. Proc. Dkt. No. 6, p. 3] raised by Defendant/Counter-Plaintiff Amy Deevers Long ("Long") pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be...
MEMORANDUM AND ORDER RE DEBTOR'S "EMERGENCY MOTION TO STAY COURT'S ORDER PENDING APPEAL" COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY , Bankruptcy Judge . INTRODUCTION The above-named Chapter 11 debtor, William H. Thomas, Jr., aka Bill Thomas ("Mr. Thomas"), acting pro se , filed an "Emergency Motion to Stay Court's Order Pending Appeal" ("Motion"), pursuant to FED. R. BANKR. P. 8007, after filing a notice of appeal arising out of this Court's January 18,...
MEMORANDUM AND ORDER RE "CLEAR CHANNEL OUTDOOR, INC.'S RENEWED MOTION FOR APPOINTMENT OF CHAPTER 11 TRUSTEE" COMBINED WITH NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE . INTRODUCTION Clear Channel Outdoor, Inc. ("Clear Channel"), a prepetition judicial lien creditor, filed the instant motion under 11 U.S.C. 1104(a)(1)-(2) ("Motion") originally seeking the appointment of a Chapter 11 trustee with "limited powers." 1 Creditor, the Tennessee...
ORDER GRANTING MOTION TO APPROVE COMPROMISE AND SETTLEMENT JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of Bettye S. Bedwell, Trustee in Bankruptcy (the "Trustee") to approve a compromise and settlement of litigation styled Wood Gutmann & Bogart Insurance Brokers v. Chinn pursuant to Federal Rule of Bankruptcy Procedure 9019. The complaint in that litigation alleges that the Debtor, Larry Park Chinn, and his company, Financial Institution Consulting Corporation ("...
MEMORANDUM AND ORDER RE UNITED STATES TRUSTEE'S MOTION TO ALTER, AMEND OR VACATE ORDER ADMINISTRATIVELY CLOSING ESTATE COMBINED WITH NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY , Chief Bankruptcy Judge . INTRODUCTION This core proceeding arises out of a dispute between the above-named Chapter 11 Debtor, No Place Like Home, Inc. ("Debtor"), and the United States Trustee for Region 8 ("U.S. Trustee") over an order entered on April 30, 2018 administratively closing Debtor's Chapter 11 case...
MEMORANDUM AND ORDER ON PLAINTIFFS' F.R.B.P. 7056 MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S F.R.B.P. 7056 MOTION FOR SUMMARY JUDGMENT COMBINED WITH NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE . INTRODUCTION On September 4, 2013, the above-named Plaintiffs/Debtors, Terry Lyle Clotheir and Barbara Jean Clothier fka Barbara J. Crigger, filed a joint no-asset case under Chapter 7 of the Bankruptcy Code. On December 18, 2013, they both received...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND Plaintiff/DEBTOR'S CROSS MOTION FOR SUMMARY JUDGMENT COMBINED WITH NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY , Bankruptcy Judge . On January 18, 2017, the above-named debtor, Willie Earl West ("Debtor"), filed a Chapter 7 petition under the Bankruptcy Code; and on April 24, 2017, he filed this adversary proceeding against the above-named defendant, United States Department of Education ("DOE"), seeking a discharge...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of Defendants to dismiss the complaint pursuant to Federal Rule of Bankruptcy Procedure 7012(b)(1) for lack of subject matter jurisdiction. The Defendants assert that the Trustee sold his claim that the assets of the defendant trust are assets of the bankruptcy estate to Church Joint Venture, L.P. ("Church JV"), pursuant to a consent order entered...
ORDER GRANTING MOTION TO DISMISS JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of Defendants to dismiss the complaint pursuant to Federal Rule of Bankruptcy Procedure 7012(b)(1) for lack of subject matter jurisdiction. The Defendants assert that the Trustee sold his claim that the assets of the Defendant Trust are assets of the bankruptcy estate to Church Joint Venture, L.P. ("Church JV"), pursuant to a consent order entered October 19, 2011, in the related bankruptcy...
MEMORANDUM AND ORDER DENYING CHAPTER 11 DEBTOR IN POSSESSION'S "MOTION TO STAY THIS COURT'S ORDERS PENDING APPEAL" COMBINED WITH NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE INTRODUCTION Mr. William H. Thomas, Jr., the above-named Chapter 11 debtor in possession ("Debtor" or "Mr. Thomas"), filed the instant motion seeking a stay pending appeal pursuant to FED. R. BANKR. P. 8007(a)(1) after filing a notice of appeal arising out of two (2) prior...
MEMORANDUM AND ORDER RE "DEBTOR'S MOTION TO ALTER OR AMEND COURT'S ORDER LIFTING AUTOMATIC STAY AS TO CLEAR CHANNEL, INC. AND TENNISON BROTHERS, INC." COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY , Chief Bankruptcy Judge . INTRODUCTION This core proceeding under 28 U.S.C. 157(b)(2)(A) and (G) arises out of the "Debtor's Motion to Alter or Amend Court's Order Lifting Automatic Stay as to Clear Channel, Inc. and Tennison Brothers, Inc." ("Motion") filed on...
ORDER DENYING MOTION TO REOPEN GEORGE W. EMERSON, Jr. , Bankruptcy Judge . This matter is before the Court on motion of Saint Michael Motor Express ("Debtor/Corporation") to reopen this Chapter 7 Case for the sole purpose of filing a motion for relief from this Court's Memorandum Opinion and Order, entered in Adversary Proceeding No. 13-05148, on August 21, 2015. A joint objection to the motion to reopen was filed in the main bankruptcy case (Chapter 7 Case No. 08-11838) by Flying J, Inc.,...
MEMORANDUM AND ORDER RE GRANTING "MOTION TO LIFT AUTOMATIC STAY TO PERMIT ARBITRATION OF CLAIMS" COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE . INTRODUCTION This core proceeding under 28 U.S.C. 157(b)(2)(B) and (G) arises out of a "Motion To Lift Automatic Stay To Permit Arbitration of Claims" (hereinafter "Motion") filed by David J. Cocke, Esquire ("Mr. Cocke"), under 11 U.S.C. 362(d)(1) for and on behalf of...
MEMORANDUM OPINION AND ORDER ON MOTION OF MILLS-WILSON-GEORGE COMPANY, INC. TO LIFT AUTOMATIC STAY AND FINDING NO STAY IN EFFECT AS TO PROPERTY LOCATED AT 212 SOUTH MAIN STREET, MEMPHIS, TENNESSEE PAULETTE J. DELK , Bankruptcy Judge . This matter came before the Court on the Motion to Lift Automatic Stay ("Motion") filed by Mills-Wilson-George Company, Inc. ("Creditor") in the Chapter 11 case filed on May 17, 2016 by Bluff City Sheet Metal ("Debtor"). A hearing on the Motion was held on...
ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN JENNIE D. LATTA , Bankruptcy Judge . BEFORE THE COURT is the motion of the Debtors, Patrick Lee Washington, Sr. and Demetrice Ann Washington, to avoid the judicial lien held by A & A Financial, LLC. The motion recites as follows: 1. The Debtors' Chapter 7 bankruptcy case was filed October 24, 2015. 2. A & A holds a judgment lien in the amount of $9,213.66 resulting from a judgment rendered by the General Sessions Court on May 3, 2011. 3. The...
ORDER GRANTING TRUSTEE'S MOTION TO COMPEL TURNOVER Jennie D. Latta , UNITED STATES BANKRUPTCY JUDGE . BEFORE THE COURT is the motion of Bettye S. Bedwell, Chapter 7 Trustee (the "Trustee"), seeking an order compelling the turnover of property of the estate. At issue are four deposit accounts maintained by the Debtor and/or Elite Contracting Management at Regions Bank. The Debtor consents to the release of two of the accounts, which he treats as personal accounts, but resists the turnover...
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTORS' CLAIMS OF EXEMPTION PAULETTE J. DELK , Bankruptcy Judge . The matter before the court is the Trustee's Objection to the Debtors' Claims of Exemptions in certain life insurance policies. The controlling Tennessee insurance exemption statute is Tenn. Code Ann. 56-7-203, titled "Life Insurance or annuity for or assigned to spouse or children or dependent relatives exempt from claims of creditors." The statute provides...
