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Summary: 36 B.R. 893 (1984) In re Coy C. BENNETT, Geneva Bennett. D.Va.1981); Matter of Yancey, 23 B.R. 945 (Bkrtcy.E.D.Mich.1982); In re Norton, 30 B.R. 712 (Bkrtcy.E.D.Tenn.1983); Matter of Elliott, 31 B.R. 33 (Bkrtcy.S.D.Ohio 1983). [11] This court has consistently respected the advancement of legal theories of "unique and provocative nature," In re Kaleher, 19 B.R. 39, 41 (Bkrtcy.W.D.Ky.1982) (Seeking state law exemption for federal tax refund): In re Smith, 35 B.R. 95 (Bkrtcy.W.D.Ky.1983) (alleging ......read more.


Summary: 20 B.R. 695 (1982) In re Larry Cornelius LITTLEJOHN, Jean Wilson Littlejohn, Debtors. CREDITHRIFT OF AMERICA, Plaintiff, v. Larry Cornelius LITTLEJOHN, Jean Wilson Littlejohn, Defendants. Previously, in the case of In Re Cunningham, et al., Bkrtcy., 17 B.R. 463, 1981, this Court found that a nonpossessory, nonpurchase money lien on exempt property of the debtor consummated after November 6, 1978 (the date of enactment of the Bankruptcy Reform Act of 1978), is avoidable by debtors, does not depri......read more.


Summary: 60 B.R. 220 (1986) In re Donald Roger ERLER, Debtor. Judith P. ERLER, Plaintiff, v. Donald R. ERLER, John R. Wilson, Trustee, Defendants. The plaintiff is the former wife of the debtor-defendant, and the "debts" in question arose from the state court decree disposing of the property interests, maintenance and support issues flowing from this divorce proceeding. As to the $585.40 representing a set off by the IRS for liability owed on the 1981 Joint Federal return, and the indebtedness, if any, o......read more.


Summary: 247 B.R. 1 (2000) In re Clayton V. CRUMP and Stacey S. Crump, Debtor. Mayfield Grain Co., Inc., Plaintiff, v. Clayton V. Crump, Stacey S. Crump, Defendant. Mayfield Grain challenges this Court's interpretation of the United States Supreme Court's Kawaauhau v. Geiger decision, 523 U.S. 57, 118 S. Ct. 974, 140 L. Ed. The Debtor, Clayton V. Crump ("Debtor"), was engaged in the business of farming in Graves County, Kentucky, a business venture he pursued for several years prior to filing for Chapter......read more.


Summary: 336 B.R. 301 (2006) In re WDS, INC., Debtor. This matter came before the Court for a hearing on the Motion of Debtor WDS, Inc. ("Debtor"), to Alter or Amend the Orders of September 28, 2005 and October 4, 2005 and for the Court to Approve Attorney's Application for Employment, Nunc Pro Tunc, the Application to Employ Timothy Dennison as Attorney for the Estate and the Objection of the U.S. Trustee to Motion to Alter or Amend the Orders of October 4, 2005 and for the Court to Approve Attorney's A......read more.


Summary: 4 B.R. 263 (1980) In re D & B ELECTRIC, INC., Debtor. May 14, 1980. The issue, between Rueff Lighting Company and the trustee in bankruptcy, is which of those parties holds a superior lien upon uncashed checks which were made jointly payable to Rueff and the bankrupt, D & B Electric, Inc. Prior to filing bankruptcy, D & B Electric, Inc. was an electrical subcontractor on two different publicly funded construction projects. Rueff Lighting Company supplied lighting fixtures for these projects to D......read more.


Summary: 229 B.R. 400 (1998) In re Thomas L. MAXWELL, Debtor. Carlisle County Fiscal Court, Plaintiff, v. Thomas L. Maxwell, Defendant. This bankruptcy action was brought by Plaintiff, Carlisle County Fiscal Court ("Carlisle County"), for a determination that the debt of the Debtor/Defendant, Thomas L. Maxwell ("Debtor"), be excepted from discharge, under 11 U.S.C. § 523(a)(7). Carlisle County characterizes the debt against Maxwell as a debt for a fine, penalty or forfeiture payable to and for the benefi......read more.


Summary: 367 B.R. 577 (2007) In re Raymond Gilbert ROSS, Debtor. Jocelyn Bergeron, Plaintiff v. Raymond Gilbert Ross, Defendant. This matter came before the Court for trial on March 21, 2007, on the Complaint Objecting to Entry of Debtor's Discharge filed by the Plaintiff, Jocelyn Bergeron (the "Plaintiff'). Raymond Ross (the "Defendant"), Defendant's counsel, and Plaintiffs counsel all appeared before the Court. Turning to the merits of the action, § 727(a)(3) provides for a denial of a debtor's dischar......read more.


Summary: 263 B.R. 800 (2001) In re Timothy W. ALEXANDER, Debtor. Timothy W. Alexander, Plaintiff, v. Jenny Lou Alexander, Defendant. This matter came before the Court for trial on November 14, 2000 on the Complaint of Debtor/Plaintiff Timothy W. Alexander ("Timothy") to determine the dischargeability of a debt owed to Fidelity Credit and assumed by Timothy in his divorce from his former spouse/Defendant Jenny Lou Alexander ("Jenny Lou"). In order to determine Timothy's ability to pay the debt, four facto......read more.


Summary: 15 B.R. 990 (1981) In re HURRICANE ELKHORN COAL CORP. The debtor-in-possession, Hurricane Elkhorn Coal Corporation II, has made application for authority to reject a coal supply agreement with the Cincinnati Gas and Electric Company (GC&E) and Logan and Kanawha Coal Company, Inc. The coal supply agreement provided that during the ten-year period from 1979 to 1989, Hurricane Elkhorn would ship CG&E 1.8 million tons of coal at a base price of $29.50 per ton.


Summary: 6 B.R. 438 (1980) In re WESTERN MANAGEMENT, INC., Debtor. This case came on for hearing on July 14, 1980, after notice, for confirmation of a *439 plan of reorganization submitted by Western Management, Inc., d/b/a Windmill Restaurants, debtor-in-possession (DIP and/or Western) on June 25, 1980. (f) That on November 2, 1979, Western had six operations open at the following locations: Morehead, Kentucky Danville, Kentucky Georgetown, Kentucky Louisville, Kentucky (2) Pikeville, Kentucky (manageme......read more.


Summary: 324 B.R. 619 (2005) In re Jaime Enrique MONTALVO, Debtor. J. Baxter Schilling, Trustee in Bankruptcy for Jaime Enrique Montalvo, Plaintiff, v. Carlos Montalvo University Gardens II # 2, Arccibo, Puerto Rico, Defendant. This matter came before the Court for trial on February 28, 2005 on the Complaint of Plaintiff J. Baxter Schilling, Trustee ("Trustee") in bankruptcy for Debtor Jaime Enrique Montalvo ("Debtor") against Defendant Carlos Montalvo ("Defendant"). On Schedule H to the petition, Debtor......read more.




Summary: 383 B.R. 398 (2008) In re Ashley HARRISON and Lacey Harrison, Debtor(s). Ashley Harrison and Lacey Harrison, Plaintiff(s) v. United States Department of Agriculture Rural Development, Defendant(s). This matter is before the Court on the Motion for Summary Judgment of Defendant United States Department of Agriculture, Rural Development ("RD") and the Cross-Motion for Summary Judgment of Plaintiffs/Debtors Ashley and Lacey Harrison ("Debtors"). Ashley and Lacey Harrison are calendar year taxpayers......read more.


Summary: 65 B.R. 101 (1986) In re Carl A. PALLO, Debtor. This matter comes before the court for a determination of the dischargeability of the debt due the creditor, George Barnes (Barnes), pursuant to 11 U.S.C. § 523(a)(2)(A), by the debtor, Carl A. Pallo (Pallo). In re Johnson, 18 B.R. 555 (S.D.Md.1982); In re Carothers, 22 B.R. 114 (D.Minn.1983); In re DeRosa, 20 B.R. 307 (S.D.N.Y.1982); and In re Vissers, 21 B.R. 638 (E.D.Wisc.


Summary: 103 B.R. 842 (1989) In re BELKNAP, INC., Debtor. This Chapter 11 case is before the court for consideration of interim applications for compensation for professional services rendered and for accompanying reimbursement of necessary expenses, filed by three law firms and a consulting firm, pursuant to the provisions of 11 U.S.C. §§ 330 and 331 and Fed.R.Bankr.Pro. The law firms of Lloyd and McDaniel, which has requested fees and expenses totalling $499,162.32 and Jenner and Block, which now seeks......read more.


Summary: 213 B.R. 956 (1996) In re Deryl Wayne PEPPERS, Debtor. KENTUCKY FARM BUREAU MUTUAL INSURANCE CO., Plaintiff, v. Deryl Wayne PEPPERS, a/k/a Terrell Wayne Peppers, Defendant. This matter is before this Court on the Motion of Plaintiff, Kentucky Farm Bureau Mutual Insurance Company ("Kentucky Farm Bureau"), for Summary Judgment and the Cross-Motion of Defendant/Debtor, Deryl Wayne Peppers ("Debtor"), for Summary Judgment. FACTS There is no dispute with regard to the facts of this case, the Debtor h......read more.


Summary: 358 B.R. 330 (2007) In re THERMOVIEW INDUSTRIES, INC., Debtor(s). This matter is before the Court on the Motion for Summary Judgment of Plaintiff/Debtor Thermoview Industries, Inc. ("Debtor"). The Court considered the Debtor's Motion and Supporting Memorandum and the Memorandum of Facts and Law in Opposition to Debtor's Motion for Summary Judgment of Defendant Nelson E. Clemmens ("Clemmens"). UNDISPUTED MATERIAL FACTS On or about July 11, 2005, Clemmens obtained a Judgment in the amount of $225,......read more.


Summary: 365 B.R. 725 (2007) In re Michael M. BEST, Colleen Best, Debtors. PROCEDURAL BACKGROUND Debtors Michael and Colleen Best ("Debtors") filed their Voluntary Petition seeking relief under Chapter 7 of the United States Bankruptcy Code on or about October 6, 2000. See, e.g., In re Cardelucci, 285 F.3d 1231 (9th Cir.2002); In re Country Manor of Kenton, 254 B.R. 179 (Bankr.N.D.Ohio 2000); In re Dow Corning Corp., 237 B.R. 380 (Bankr.E.D.Mich.1999); In re Godsey, 134 B.R. 865 (Bankr.M.D.Tenn.1991); In......read more.


Summary: 8 B.R. 572 (1981) In re FAMILY INVESTMENTS, INC. d/b/a Octaves, Debtor. CITIZENS FIDELITY BANK & TRUST CO., Plaintiff, v. FAMILY INVESTMENTS, INC., Defendant. In the Chapter 11 proceeding of Family Investments, Inc., which operates the night-club "Octaves", a secured creditor, Citizens Fidelity Bank and Trust Company sought relief from the automatic stay to recover certain secured property. Before the hearing on Citizen's complaint, Citizens and Octaves executed an agreed order which provided th......read more.