Bankruptcy Court for the Eastern District of Kentucky Court Cases

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  1. In Re Louden (1989)

    This chapter 7 adversary proceeding is before the court upon motion of the defendant Federal Land Bank of Louisville (hereinafter, "Land Bank") for summary judgment, pursuant to Fed.R.Civ.Pro. 56 and Fed.R.Bankr.Pro. 7056. The parties have filed, and we have reviewed, memoranda in support of their respective positions. For the reasons set forth below, we will sustain the defendant's motion and dismiss the complaint.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 86-00185, Adv. No. 88-0010
  2. In Re Owens (1996)

    This matter is before the Court for an opinion following a trial held upon the within adversary complaint. The central question is the dischargeability, pursuant to 11 U.S.C. § 523(a)(15), of certain debts as set forth in a property settlement agreement entered into between the parties on September 6, 1994.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 95-70159. Adv. No. 95-7021
  3. In Re Williams (1993)

    This case was originally filed as a Chapter 7 case; it was converted to a Chapter 13 case on May 14, 1993. The matter before the Court is the motion of creditor Bank of the Mountains ("the Bank") for relief from stay, filed herein on May 5, 1993. The debtors had filed a Response to the Motion on May 12, 1993. The Court heard this matter on August 5, 1993 and additional briefing time was given before the matter was taken under submission. Debtors filed a further Response on August 13, 1993. The [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 93-10010
  4. In Re Goldsberry (1992)

    This matter is before the Court on the debtors' Motion for Earned Income Credit Being Excluded from the Estate or in the Alternative, Exempt. The trustee has filed a response, and the debtors have replied. The matter was submitted for decision on April 27, 1992.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 91-60875
  5. In Re Wallace's Bookstores, Inc. (2004)

    Bernard Katz, as liquidating supervisor (the "Plaintiff) for Wallace's Bookstores, Inc. ("WBI"), and affiliated debtors is before the court on the Motion for Summary Judgment that he filed on March 10, 2003. In addition, the Plaintiff is before the court on the Motion to Exclude Testimony of Defendant's Experts Under Fed.R.Evid. 702 that he filed on November 13, 2003, and L. Rogers Wells (the "Defendant") is before the court on the Motion to Exclude Testimony of Plaintiffs Expert Under [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 01-50545. Adversary No. 02-5414
  6. In Re Hastings (2006)

    This matter is before the court on cross-Motions for Summary Judgment by Defendant The CIT Group/Consumer Finance, Inc. ("CIT") and the Plaintiff Trustee. This is another in a line of cases in which the Trustee challenges the validity of a mortgage based on an allegedly defective acknowledgment. The issues before the court are whether the mortgage was properly acknowledged, and, even if it was not, whether KRS 382.270 may be retroactively applied to defeat the Trustee. The third issue, raised [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 05-24546, Adversary No. 06-2059
  7. In Re Emnett (1991)

    William Proctor Emnett (Emnett), the above debtor, seeks to discharge a Health Education Assistance Loan (HEAL) debt pursuant to the provisions of 42 U.S.C. § 294f(g). The parties agree that only paragraph 2 of that section, allowing discharge "upon a finding by the Bankruptcy Court that the nondischarge of such debt would be unconscionable," is in dispute.[1] Trial was held March 27, 1991. Trial stipulations and exhibits have been filed. Also, the parties have agreed that the Statement of [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 89-01102, Adv. No. 89-0199
  8. In Re Skaggs (1995)

    This adversary proceeding is before the Court upon a Motion to Dismiss the Complaint filed herein by the Defendant, Fifth Third Bank of Northern Kentucky (Fifth Third). The basis of the Motion is that the underlying Chapter 13 case of the plaintiff-debtor herein has been dismissed by the Court. The movant, while stating that there is a split of authority with respect to whether dismissal of the underlying "main case" requires dismissal of an adversary proceeding, argues that the proceeding [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 94-21337. Adv. No. 95-2003
  9. In Re Montgomery (2006)

    This matter is before the court for hearing on confirmation and consideration of an objection to confirmation of the Debtors' Chapter 13 Plan filed by secured creditor Regional Acceptance Corporation ("RAC"). The Debtors filed their original Chapter 13 Plan with their petition on January 20, 2006. They subsequently filed amended plans on February 7, 2006 and March 27, 2006. The treatment of the debt to RAC appears to be the same in each version of the Plan, with the value of the collateral, a [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: 06-50043
  10. In Re HNRC Dissolution Co. (2006)

    Lexington Coal Company, LLC ("Lexington Coal"), one of the purchasers of assets of the former Debtors, has objected to the application for allowance of administrative expense filed by Zurich American Insurance Company ("Zurich"). Lexington Coal filed its original objection (Doc. # 5492, "the Objection") on February 18, 2005. An Agreed Scheduling Order (Doc. # 6467) was entered on June 30, 2005. Pursuant to the terms of that order, Lexington Coal filed a Supplemental Objection (Doc. # 6646) on [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: 02-14261
  11. In Re Emery (2008)

    This matter is before the court on the objection of creditor Chase Home Finance, LLC ("Chase") to the confirmation of the Debtor's Amended Chapter 13 plan. Specifically, Chase objects to a special provision included in the plan which would require that Chase deem the Debtor's mortgage as current upon confirmation, and to apply subsequent payments accordingly. This matter was heard on March 11, 2008, and taken under submission by order entered on April 15, 2008.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: 07-21766
  12. In Re Hardin (1996)

    The Court has before it a dispute between the debtors and the chapter 13 trustee ("trustee") over the disposition of funds in the hands of the chapter 13 trustee in this matter. After filing this chapter 13 proceeding and proposing a plan which was confirmed, the debtors in this proceeding elected to convert the case to a case under chapter 7. The dispute concerns the sum of $1,169.24 remaining in the hands of the trustee and whether those funds should be distributed pursuant to the terms of [...]

    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 96-20107
  13. In Re Dezarn (1988)

    This adversary proceeding is before the Court on the plaintiffs' motion for summary judgment and the defendant's motion to dismiss. The Court having reviewed the memoranda filed by the parties and for the reasons set forth below, concludes that the plaintiffs' motion for summary judgment be sustained and the defendant's motion to dismiss be overruled.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 86-00266, Adv. No. 88-0023
  14. In Re Jay Bee Enterprises, Inc. (1997)

    This case is before the court on the objection of the United States Trustee to the "Final Report" of the debtor in possession. The debtor in possession filed its final report on October 10, 1996.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 92-51846
  15. In Re Winters (1995)

    This matter is before the Court on Cross-Motions for Summary Judgment filed herein by the trustee and the defendants. The parties having submitted briefs and an Agreed Stipulation of Facts, an Order Submitting Upon the Record was entered on April 17, 1995. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 93-30122. Adv. No. 94-3012
  16. In Re Costello (1992)

    On January 15, 1991 the court entered an opinion and order reducing the fee of counsel for the debtors from the sum of $1,500.00 to $750.00 and directing counsel to remit $750.00 to the panel trustee. 11 U.S.C. § 329(b), § 541(a)(3).


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 89-52230
  17. In Re Winters (1993)

    This matter is before the Court for consideration of the issue of the dischargeability of punitive damages. The Court had previously sustained the plaintiffs' Motion for Summary Judgment as to compensatory damages and taken the question of the dischargeability of punitive damages under advisement. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(J).


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 93-30122, Adv. No. 93-3009
  18. In Re Moncrief (1993)

    This case is pending on the motion of the debtors pursuant to 11 U.S.C. § 506 to avoid the second mortgage of TransAmerica Financial Corporation on real property located at 102 Washington Drive, Richmond, Kentucky, the debtors' principal residence.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 92-50383
  19. In Re Holman (2005)

    Dane L. Steffenson, U.S. Department of Labor — Solicitor, Thomas C. Shanahan, U.S. Department of Labor — Solicitor, Atlanta, GA, for Elaine L. Chao Secretary of Labor, United States Department of Labor, Plaintiff.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Civ.A.No. 05-45-KSF, Bankruptcy No. 04-51440-JMS, Adversary No. 04-5540
  20. In Re Hampton (1992)

    This matter is before the Court upon the United States Trustee's Motion to Dismiss filed herein on July 24, 1992 pursuant to 11 U.S.C. § 707(b). The debtors filed their Response in Opposition to the United States Trustee's Motion to Dismiss on August 10, 1992 and their Supplemental Response in Opposition to the United States Trustee's Motion to Dismiss on August 31, 1992. The matter was heard by the Court on September 1, 1992 and submitted to the Court for decision.


    Court: Bankruptcy Court for the Eastern District of Kentucky Docket: Bankruptcy No. 92-21066

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