MEMORANDUM OPINION RE: STANDING CHAPTER 13 TRUSTEE'S MOTION TO QUASH IRS LEVY JIMMY L. CROOM , Bankruptcy Judge . This proceeding is before the Court on the Standing Chapter 13 Trustee's motion to quash a levy issued by the Internal Revenue Service ("IRS") against a creditor in several bankruptcy cases in the Western District of Tennessee, Eastern Division. The Standing Chapter 13 Trustee ("Trustee") alleges that the IRS levy violates the automatic stay under 11 U.S.C. 362(a), imposes...
MEMORANDUM OPINION RE: MOTION FOR SANCTIONS UNDER RULE 3002.1(i) AND MOTION UNDER RULE 3002.1(h) JIMMY L. CROOM , Bankruptcy Judge . At issue is Roy E. Longmire's ("Debtor") "Motion for Sanctions Under Rule 3002.1(i) and Motion under Rule 3002.1(h)" against Regions Mortgage, Inc. ("Regions"), for failure to respond to Trustee's Notice of Final Cure Payment and Completion of Plan Payments. Debtor contends that all amounts required to cure all defaults have been paid in full and that all pre-...
MEMORANDUM OPINION RE: MOTION TO SET ASIDE AND VACATE ORDER OF DISCHARGE AS TO INSOUTH BANK JIMMY L. CROOM , Bankruptcy Judge . At issue in this proceeding is InSouth Bank's ("Creditor") Motion to Set Aside and Vacate Order of Discharge. Creditor contends that the Court should set aside Carol McCord Berry's ("Debtor") discharge alleging she committed fraud by improperly listing debts in her Chapter 13 plan or petition. Debtor listed five obligations to Creditor in her petition. Creditor,...
MEMORANDUM OPINION RE: UNITED STATES TRUSTEE'S MOTION FOR RELIEF FROM ORDER ENTERED SEPTEMBER 1, 2011, GRANTING MOTION AUTHORIZING/DIRECTING CHAPTER 7 TRUSTEE TO DISBURSE FUNDS and DEBTOR'S OBJECTION THERETO G. HARVEY BOSWELL Bankruptcy Judge . The Court conducted a hearing on the United States Trustee's Motion for Relief from Order Entered September 1, 2011, Granting Motion Authorizing/Directing Chapter 7 Trustee to Disburse Funds and the Debtor's objection thereto on October 5, 2011....
MEMORANDUM OPINION RE: MOTION FOR SANCTIONS UNDER RULE 3002.1(i) AND MOTION UNDER RULE 3002.1(h) JIMMY L. CROOM , Bankruptcy Judge . At issue is Roy E. Longmire's ("Debtor") "Motion for Sanctions Under Rule 3002.1(i) and Motion under Rule 3002.1(h)" against Regions Mortgage, Inc. ("Regions"), for failure to respond to Trustee's Notice of Final Cure Payment and Completion of Plan Payments. Debtor contends that all amounts required to cure all defaults have been paid in full and that all pre-...
MEMORANDUM AND ORDER RE PLAINTIFF'S COMPLAINT AND DEFENDANTS' ANSWER THERETO COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE INTRODUCTION This adversary proceeding arises out of a declaratory judgment complaint filed pursuant to Fed. R. Bankr.P. 7001(9) by the plaintiff-debtor, Ramco-Remodel America Corporation ("Ramco"), and the answer filed in response thereto by the creditors/defendants, William and Barbara Wallis (...
MEMORANDUM AND ORDER RE DEFENDANTS' MOTION IN LIMINE COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF David S. Kennedy , UNITED STATES CHIEF BANKRUPTCY JUDGE INTRODUCTION The instant proceeding arises out of the "Defendants' Motion In Limine" filed on March 10, 2015, by the defendants, William and Barbara Wallis (collectively, "the Wallises"), and the "Response" filed thereto by the plaintiff, Ramco-Remodel America Corporation ("Ramco"), in the above-captioned adversary...
