MEMORANDUM AND ORDER REGARDING THE DEBTOR'S "MOTION TO SURCHARGE SALES PROCEEDS PURSUANT TO BANKRUPTCY CODE SECTION 506(c)" COMBINED WITH NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY, Chief Judge. The instant core proceeding under 28 U.S.C. 157(b)(2)(A) and (B) arises out of a contested matter governed by Rule 9014 of the Federal Rules of Bankruptcy Procedure regarding a "Motion to Surcharge Sales Proceeds Pursuant to Bankruptcy Code Section 506(c)" filed by the above-named Debtor in...
MEMORANDUM AND ORDER RE DEFENDANT'S "MOTION TO STAY FILED IN ADVERSARY PROCEEDING NOS. 13-00197 & 13-00208 PENDING APPEAL" COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF DAVID S. KENNEDY, Chief Judge. Introduction In each of the two above-captioned adversary proceedings the defendant/the above-named Chapter 7 debtor, B.J. Wade ("Mr. Wade"), filed a "Motion for Stay in Adversary Proceeding Nos. 13-00197 & 13-00208 Pending Appeal" pursuant to Fed. R. Bankr.P. 8005, involving the...
ORDER SUSTAINING OBJECTION TO EXEMPTIONS JENNIE D. LATTA, Bankruptcy Judge. THE OBJECTION OF BETTYE SUE BEDWELL, Trustee in Bankruptcy (the "Trustee"), to the exemption claimed by the Debtors in four life insurance policies came on for hearing on May 9, 2013. Also pending is the motion of the Trustee to compel the Debtors to turn over the policies for liquidation and distribution of the net proceeds to creditors. The issue before the court is whether a debtor who is the owner but not the...
