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Bankruptcy Court for the Western District of Kentucky Court Cases
In Re Smither (1996)
Today we make our contribution to the small but growing body of caselaw interpreting 11 U.S.C. § 523(a)(15). The Court, in this case and in an opinion in the case of Hibbard v. Hibbard, AP No. 95-3044, will discuss this new exception to the bankruptcy discharge in some detail. Here, Joan Smither ("Creditor"), Victor Smither's ("Debtor") former spouse, is suing under 11 U.S.C. § 523(a)(5) and (15) to have two obligations rendered nondischargeable.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy Nos. 94-33743(1)7, 95-3018 and 95-3043
In Re Duke (2006)This matter came before the Court on two Motions to Surrender Collateral in Full Satisfaction of Debt by Debtors Jerry Joe Duke and Deidre Lee Duke ("Debtors"). The first Motion concerns a 2005 Ford Escape upon which Branch Banking & Trust Company ("BB & T") is the lienholder. The second Motion concerns a 2003 Chevrolet Silverado upon which PNC Bank ("PNC") is the lienholder. Both creditors filed Objections to Debtors' Motion to Surrender Collateral. The Court considered the arguments [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: 06-30014(1)(13)
In Re Moffett (2001)These three consolidated Chapter 7 bankruptcy cases are before the Court sua sponte to determine whether Renee Yarrington, a paralegal who assisted in the preparation and filing of these cases, has engaged in the unauthorized practice of law or has violated any of the requirements for non-attorney petition preparers pursuant to 11 U.S.C. § 110. For the reasons set forth below, this Court finds that Ms. Yarrington has violated subsection § 110(f)(1) by including the term "legal" in her [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: 01-30552(1)7, 01-30971(2)7, 01-31075(2)7
In Re Alexander (1998)
The Plaintiff/Debtor, Maurice Alexander ("Debtor"), filed for Chapter 7 Bankruptcy on March 5, 1997. In his Petition, Debtor claimed an exemption in his anticipated federal income tax refund for tax year 1996, in an amount of $3,450.31. Thereafter, he received notice from the Defendant, the Internal Revenue Service (the "IRS"), that it had applied, or "set-off," the full amount of Debtor's 1996 refund against a dischargeable tax debt owed by Debtor for tax year 1991.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 97-31085(3)7, Adversary No. 97-3126
In Re Roeder (1986)
Drinks are easier to mix than business and friendship, these litigants, former friends and barroom partners, have painfully learned. The lesson arises in the context of a nondischargeability complaint under the Bankruptcy Code.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 38400808, Adv. No. 3850034
In Re Risher (2006)These matters came before the Court on the Motions of the Debtors in Support of Plan Provisions Excluding Tax Refunds from Distribution under Chapter 13 Plans. Each of the Debtors, Todd Risher, Robert A. Hobbs, Gary Gray and Orville and Pamela Lockwood ("Debtors") seek to exclude tax refunds as part of any distribution to unsecured creditors in their Chapter 13 Plans. The Chapter 13 Trustee, William W. Lawrence ("Trustee") objects to each of the Debtors' Plans that contain provisions excluding [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: 05-61822, 05-61842, 06-30005, 06-30033
In Re Waddle (1983)
This matter came before the Court for hearing on October 25, 1982, with oral argument on November 15, 1982, on the complaint of Pohl Construction Company (Pohl), a creditor, by counsel, objecting to the discharge of the debtor pursuant to 11 U.S.C. § 727(c). At the above proceedings, the parties appeared both in person and by counsel, and extensive testimony was heard.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 3-82-00273, Adv. No. 3-82-0208
In Re Big Rivers Elec. Corp. (1998)
Michael A. Florella, Felicia S. Turner, Sullivan, Mountjoy, Stainbeck & Miller, Owensboro, KY, Mark S. Kaufman, Laura F. Nix, Russell A. Tolley, Long, Aldridge & Norman, Atlanta, GA, for Big Rivers.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 96-41168
In Re Graham (1981)
An eighteen-year-old domestic relations dispute will hopefully be ended by this final order, which holds that a former husband may not discharge in bankruptcy his maintenance obligations to his offspring, which have gone unpaid over the major part of a lifetime.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 38002356, Adv. No. 3800408
In Re Spagnolia (1995)
This matter is presently before this Court on the Motion of the United States Trustee to Dismiss pursuant to 11 U.S.C. Section 707(a). Having considered the testimony of the debtors at the June 22, 1995 hearing, as well as the briefs and argument of counsel this Court sustains the U.S. Trustee's Motion to Dismiss for the reasons set forth below.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 95-50083(2)7
In Re Zempel (1999)The two above-captioned Bankruptcy actions are before the Court on separate matters. The Shirley E. Zempel vs. Household Finance Corp. adversary proceeding ("the Zempel Adversary Proceeding") is before the Court on the Debtor's Motion for Default Judgment. The John D. Bloomer and Rita J. Bloomer vs. PNC Bank adversary proceeding (the "Bloomer adversary proceeding") is before the Court on the parties' Cross-Motions for Summary Judgment. The Court will consider these cases jointly, however, as [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy Nos. 98-33345(2)7, 98-34417(2)7. Adversary Nos. 98-3228, 98-3274
In Re Brown (1995)
The matter presently before this Court concerns Debtor, Ina Belle Brown's ("Brown"), 1994 federal earned income credit of $1,887.00. Brown has claimed an exemption under K.R.S. 205.220 of the tax credit, to which the Trustee has objected. Having reviewed the briefs filed by both parties, as well as having considered the arguments presented by counsel at the hearing on this matter on March 16, 1995, this Court overrules Trustee's Objection.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 95-30106(2)7
J. Quentin Wesley, Morganfield, Ky., for defendants: Sprague Bros., Mitchell Bros. Seed, Chas. & Dottie O'Nan, Billy Don Greenwell, d/b/a Greenwell Bros., Robin Rhea, d/b/a Rhea Farms, Larry Buckman, P.W. Loveland, Reynolds Alum., James Skinner.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 48200196, Adv. No. 4820075
In Re Smith (1999)The two Plaintiffs, Cumberland Surety Insurance Co., Inc. ("Cumberland"), and Mountbatten Insurance Co., Inc. ("Mountbatten"), are both insurance companies that issued surety bonds for T.W. Enterprises, a construction company solely owned by the Debtor husbands in this bankruptcy action. The Plaintiffs were called upon to make payments to materialmen, suppliers and laborers under the surety bonds at issue. All four Debtors in this case, Lawrence and Dollye Smith ("the Smiths"), and Tim and [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy Nos. 97-35283(2)7, 97-35780(2)7. Adversary Nos. 98-3083, 98-3084, 98-3003
In Re Beltz (2001)This matter is presently before the Court on the Debtors' Motion to retain their 1999 Federal Child Tax Credit ("FCTC") they are otherwise required to turn over to the Trustee pursuant to both L.B.R. 13 (W.D.Ky.) and the terms of the Order of Confirmation. Debtors argue that the FCTC is an exempt public assistance benefit pursuant to KRS 205.220(3). The Court has considered the briefs filed by the Debtors and the Trustee and has conducted its own independent research. For the reasons [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: 98-34749 (2) 13
In Re Khan (1984)On December 5, 1983, this Court, acting on its own under U.S.C. §§ 305 and 707, ordered M. Ibrahim Khan to show cause why his two Chapter 7 petitions should not be dismissed. The Court acted unilaterally to protect its jurisdictional integrity when approached by the same party whose Chapter 11 proceeding had been dismissed on November 10 on the grounds of abuse of process and bad faith, in an order from which no appeal was taken. We specifically incorporate herein our findings of fact and [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 48300410, 48300411
In Re Stone (1985)
This matter comes before us on the motion of the plaintiff to deny the debtors a discharge under § 727 of the Bankruptcy Code. Initially, this presents a single legal issue: are the funds generated from a tort claim settlement involving property which was collateral for a secured debt "proceeds" of that collateral within the meaning of Kentucky Revised Statutes [KRS] § 355.9-306(1)?
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy Nos. 48400048, 48400049, Adv. Nos. 4840031, 4840032
In Re Soards (2006)
Both of these matters came before the Court on Objections to the Chapter 13 Plans of Debtors Barry W. Soards and Nancy A. Soards ("the Soards") and Arnold L. Morrison and Patricia L. Morrison ("the Morrisons") by Creditor Ford Motor Credit Company ("Ford"). Following hearings on the Objections and consideration of post-hearing briefs of the parties, the Court SUSTAINS Ford's Objections. An Order incorporating the findings herein accompanies this Memorandum-Opinion.
Court: Bankruptcy Court for the Western District of Kentucky Docket: 06-30121, 06-30168
In Re Miles (2006)THIS CORE PROCEEDING comes before the Court on the complaint of Louisa R. Miles ("Plaintiff"), the above-named Chapter 7 debtor, seeking a finding of contempt by Zebedee Thomas Clarke ("Defendant") for allegedly violating the discharge injunction, under 11 U.S.C. § 524(a)(2), by attempting to collect a prepetition debt that was discharged in Plaintiffs Chapter 7 bankruptcy case, and for recovery of compensatory and punitive damages, including attorney fees. This Court held an evidentiary [...]
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 05-30825. Adversary No. 05-03190
This opinion broaches that most delicate of subjects, attorneys' fees in a vigorously contested Chapter 11 proceeding. For the first time we entirely disallow the attorney's fees requested by a reorganization petitioner. The ground of disallowance is conflict of interest. We will write long and carefully.
Court: Bankruptcy Court for the Western District of Kentucky Docket: Bankruptcy No. 3-82-01025