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Summary: 37 B.R. 285 (1983) In re Ronald Leo IVY, Lynnette Lorraine Ivy, Debtors. UNITED STATES of America, Plaintiff, v. Jerry TRUITT, Trustee, Ronald L. Ivy and Lynnette L. Ivy, Defendants. J. James Rogan, Rogan & Hibberd, P.S.C., Danville, Ky., for Ronald Leo Ivy and Lynette Lorraine Ivy. The plaintiff asserts that, on the facts of this case, the debtor, Ronald L. Ivy, received possession of a Case tractor the day he signed a contract granting Triplett's Farm Service, Inc. of Danville, Kentucky a secu......read more.


Summary: 66 B.R. 753 (1986) In re L.T. RUTH COAL COMPANY, INC., Debtor. L.T. RUTH COAL COMPANY, INC., Plaintiff, v. BIG SANDY COAL AND COKE COMPANY, INC. and Kentucky Chestnut Coals, Inc., Defendants. D. Duane Cook, Brown, Todd & Heyburn, Lexington, Ky., for L.T. Ruth Coal Co., Inc. *754 Paul C. Combs, Combs & Combs, Prestonsburg, Ky., James R. Higgins, Jr., Middleton & Reutlinger, Louisville, Ky., for Big Sandy Coal and Coke Co., Inc. FINDINGS OF FACT: On June 6, 1976 the defendant, Big Sandy Coal and C......read more.


Summary: 330 B.R. 193 (2005) In re WALLACE'S BOOKSTORES, INC., Debtor. Bernard Katz, Liquidating Supervisor for Wallace's Bookstores, Inc., et al., Plaintiff, v. New River Community College, Defendant.


Summary: 317 B.R. 716 (2004) In re Charles Anthony ULINSKI, Margaret Ann Ulinski, Debtors. The Plaintiff filed a Complaint seeking to avoid the Defendant's lien and to preserve it for the benefit of the estate on February 26, 2004, and filed her Motion for Summary Judgment on June 4, 2004. Facts The parties have entered into joint stipulations which provide in pertinent part the following facts: *718 On May 16, 1998, Debtor Anthony Ulinski ("Anthony" or "the Debtor")[1] entered into a Motor Vehicle Lease......read more.


Summary: 288 B.R. 765 (2002) In re SHELBYVILLE MIXING CENTER, INC., Debtor. FINDINGS OF FACT Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission") filed the above-captioned lawsuit in the U.S. District Court for the Eastern District of Kentucky, Frankfort Division, on September 22, 2000, alleging that the Shelbyville Mixing Center, Inc. ("Defendant" or "debtor") failed and refused to hire women as a class because of their sex in violation of Title VII of the Civil Rights Act of 1964,......read more.


Summary: 213 B.R. 502 (1997) In re Timmy GILBERT, Martha Gilbert, Debtors. Loss of future earnings is treated in KRS 427.150(d) which provides in pertinent part that an individual is entitled to exemption of "[a] payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent,. . . ." A similar case involving an insurance settlement for personal injury, In re Blizard, 81 B.R. 431 (Bkrtcy.W.D.Ky.1988), was based on a debtor's claim of exemption un......read more.


Summary: 286 B.R. 627 (2002) In re Paula SHARP, Debtor. On June 3, 2002, the debtor and the IRS entered into an Agreed Order in Paula Sharp v. Internal Revenue Service, Adversary Case No. 02-5029, that the same 1992 tax debt is dischargeable.


Summary: 246 B.R. 537 (2000) In re Gary Wayne LYNUM, Debtor. This matter is before the Court on the Motion for Relief From Stay and for the Trustee to Abandon Property of the Estate filed on January 20, 2000, by M & T Financing, Inc. ("M & T"), a creditor, and the Objection of Trustee to Motion for Relief from Stay filed on January 24, 2000. In In re Bell, 194 B.R. 192 (Bkrtcy.S.D.Ill.1996), the court set out the basic approach to lien avoidance and considerations of lien priority: Section 544(a)(1) prov......read more.


Summary: 454 B.R. 733 (2011) In re Robert A. HURTT and Spring V. Hurtt, Debtors. Motion to Dismiss The Trustee asserts that the Debtors' petition should be dismissed as the Debtors are not eligible to file for Chapter 13 bankruptcy because the Debtors' noncontingent, liquidated, unsecured debts exceed the limits set forth in § 109(e) of the Bankruptcy Code. See also In re Martz, 293 B.R. 409, 413 (Bankr.N.D.Ohio 2002) (where debtor scheduled property securing debt as having a value of $0.00, debt had to ......read more.


Summary: 366 B.R. 716 (2007) In re Murray ARMSTRONG, Eva S. Armstrong, Debtors Beverly Burden, Trustee, Plaintiff, v. This matter comes before the court on cross-motions for summary judgment filed herein by the Plaintiff Chapter 13 Trustee Beverly Burden ("Trustee") (Doc. 20) as to the validity and priority of the competing interests of the Trustee and the Creditor in certain real estate owned by the Debtors Murray and Eva Armstrong located at 140 Fawn Lane, Pleasureville, Kentucky.


Summary: 207 B.R. 520 (1996) In re Norman Dean OWENS, Debtor. This case is before the court on the joint motion of the debtor and the disbursing agent under the debtor's confirmed chapter 11 plan for an order determining they are not obligated to resume quarterly payments to the United States Trustee as mandated by recent amendments to title 28 U.S.C. § 1930(a)(6). For this reason, inter alia, the debtor's case was still pending on January 6, 1996 and January 26, 1996 when Congress, by amendment of title......read more.


Summary: 167 B.R. 91 (1994) In re David KIRBY, Debtor. The claim is a judgment debt arising from a Judgment on Damages rendered by the Boone Circuit Court (Kentucky) in Civil Action No. 89-CI-873, Brian Eugene Mitchell v. David Kirby, Jr., for assault committed by the defendant against the plaintiff on December 4, 1988.


Summary: 387 B.R. 721 (2008) In re Amberly D. EMERY, Debtor. The plan contains a special provision at Section VII(B) which states: Confirmation of the plan shall impose on the holders and/or servicers of claims secured by liens on real property to apply the payments received from the trustee on the pre-petition arrearages, if any, and only to such arrearages; to deem the pre-petition arrearages as current by confirmation; to apply the direct mortgage payments, if any, paid by the trustee or by the debtor......read more.




Summary: 137 B.R. 239 (1991) In re Marvin Lee HENDERSON, Debtor. Marvin Lee HENDERSON, Plaintiff, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant. I Plaintiff, Marvin Lee Henderson ("Henderson"), timely filed his federal income tax returns for 1982 and 1983. In a complaint filed April 5, 1991, Henderson asserted that these taxes and penalties are dischargeable because his tax returns for 1982 and 1983 were filed more than three years before the filing of the petition in bankruptcy.


Summary: 207 B.R. 536 (1997) In re JAY BEE ENTERPRISES, INC. a/k/a Bass Master Boats, Debtor. The final report of the debtor in possession indicates that as of October 10, 1996, approximately two and one-half years into the plan, the debtor has paid $54,376.05 to the Redeckers on their secured claim, $14,469.79 on the tax claims aggregating $57,167.11, and $7,000 of the $9,217.56 attorney fee. When a chapter 11 case is closed compensation awarded in the case to a trustee, if the debtor in possession was ......read more.


Summary: 317 B.R. 326 (2004) In re SPECIAL METALS CORPORTION, Inco Alloys International, d/b/a Huntington Alloys, Special Metals Domestic Sales Corp., and A-l Wire Tech, Inc., Debtors. Century Indemnity Company, Plaintiff, v. Special Metals Corporation, Defendant. While only Special Metals Corporation is named in the caption of this proceeding as defendant, the Plaintiffs Complaint and Amended Complaint for Declaratory Judgment identify all the Debtors as defendants and they will be collectively referred......read more.


Summary: 213 B.R. 500 (1997) In re Carolyn GAY, Melton Gay, Debtors. The amended claim was filed on May 22, 1997 in the amount of $31,999.86 and is a deficiency claim upon a mortgage foreclosure on property formerly owned by debtors.


Summary: 319 B.R. 134 (2004) In re Wallace G. WILKINSON, Debtor. Charles J. Lisle, as Trustee of the Trust established under the Amended Liquidating Plan of Reorganization of the Official Committee of Unsecured Creditors for the Debtor, Wallace G. Wilkinson, Plaintiff, v. John Wiley & Sons, Inc., Defendant. Introduction and procedural background This matter is before the court on the Defendant's Motion for Summary Judgment filed herein on March 26, 2004, and on the Plaintiff's Motion for Summary Judgment......read more.


Summary: 166 B.R. 871 (1993) In re LARRY'S MARINELAND OF RICHMOND, INC., Debtor. On July 20, 1990, check number 3180 in the amount of $2,716.98, drawn on the bank account of Larry's Marineland of Richmond, Inc., was remitted to the Internal Revenue Service in payment of Form 941 (withholding *873 and social security) taxes for the quarter ended December 31, 1989, and of Form 940 (unemployment) taxes for the year ended December 31, 1989, owed by the defunct Larry's Marineland of Lexington, Inc. Although r......read more.