IN RE ROBERTS, 0306146EE (2016)
Court: United States Bankruptcy Court, S.D. Mississippi
Number: inbco20160823454
Visitors: 7
Filed: Aug. 22, 2016
Latest Update: Aug. 22, 2016
Summary: JUDGMENT ON MOTION TO DISMISS EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. is well-taken in part and that the Chapter 13 Trustee's claim pursuant to 11 U.S.C. 327 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7) is hereby dismissed. IT IS
Summary: JUDGMENT ON MOTION TO DISMISS EDWARD ELLINGTON , Bankruptcy Judge . Consistent with the Court's Opinion dated contemporaneously herewith, IT IS THEREFORE ORDERED that the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. is well-taken in part and that the Chapter 13 Trustee's claim pursuant to 11 U.S.C. 327 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7) is hereby dismissed. IT IS F..
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JUDGMENT ON MOTION TO DISMISS
EDWARD ELLINGTON, Bankruptcy Judge.
Consistent with the Court's Opinion dated contemporaneously herewith,
IT IS THEREFORE ORDERED that the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. is well-taken in part and that the Chapter 13 Trustee's claim pursuant to 11 U.S.C. § 327 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7) is hereby dismissed.
IT IS FURTHER ORDERED that the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. is not well-taken in part and that the motion is hereby denied as to the Chapter 13 Trustee's claim pursuant to 11 U.S.C. § 521 and Federal Rule of Bankruptcy Procedure 9019 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7).
IT IS FURTHER ORDERED that the Court will defer ruling on the Motion to Dismiss (Adv. Dkt. #18) filed by Patrick C. Malouf and Porter & Malouf, P.A. as to 11 U.S.C. § 542 found in the Complaint for Turnover of Property, Declaratory Judgment and Equitable Relief (Adv. Dkt. #7) until the Court rules on the Order to Show Cause issued contemporaneously with the Memorandum Opinion and Judgment on Motion to Dismiss.
SO ORDERED.
Source: Leagle
