Judge Cooper

County of Simpson v. Palma (In re Palma)

Plaintiff county brought an adversary proceeding against defendant bankruptcy debtor, a former county sheriff, seeking a declaration that a debt to the county for the sheriff's failure to account for county funds was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Former county sheriff's debt to county for failing to account for certain county funds was deemed nondischargeable due to fiduciary defalcation.
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Scherer v. Quality Communs. Inc. (In re Quality Communs. Inc.)

Plaintiff chapter 7 trustee asserted claims against defendants under 11 U.S.C. § 548 and 11 U.S.C. § 547. The trustee filed a motion for leave to file an amended complaint.
Ruling: 
Trustee was denied motion to amend complaint due to the untimely filing of the motion and the undue prejudice to the defendants.
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In re Thomas

The debtors and an oil and gas company had entered into an oil and gas lease. The debtors had filed suit against the company in state court seeking damages arising out of the oil and gas lease. The company filed a motion for enlargement of time to file a notice of removal of the state court action.
Ruling: 
Company being sued by debtors over a lease were granted more time to move to have the state court action removed due to excusable neglect and debtors'lack of disclosure.
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In re Bus. Intelligent Sys. LLC

Before the court was a Final Application for Approval of Compensation for Services Rendered by debtor's counsel (the firm) during the period July 1, 2003 through June 15, 2005, and the objection of debtor and three individuals thereto.
Ruling: 
Court approved an application for payment of legal fees by the estate's counsel since the fees were actual and necessary.
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Rawlings v. Tapp (In re Tapp)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking to preclude the debtor's discharge under 11 U.S.C. § 727(a)(2), (3) and (5) based on the debtor's transfer of assets, failure to maintain adequate records, and failure to explain the disposition of a deposit paid to the debtor by the creditor. The bankruptcy court conducted a trial.
Ruling: 
Creditor failed to demonstrate that the debtor's actions warranted denying a discharge.
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In re Thermoview Indus.

Plaintiff, a guarantor on a loan made to defendant debtor, filed suit in state court seeking reimbursement and/or indemnity from the debtor. The debtor removed the action to the bankruptcy court. The guarantor moved for remand to state court.
Ruling: 
Court abstained from hearing the proceeding since state law issues predominated over bankruptcy issues and the administration of the estate was nearly complete.
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In re Robert L. Schmitt Co.

A bankruptcy debtor's listed liabilities and confirmed plan of reorganization acknowledged an undisputed claim of a law firm which represented the debtor in tax matters, but the debtor subsequently objected to allowance of the law firm's claim.
Ruling: 
Debtor's objection to a law firm's payment claim was overruled since the debtor failed to rebut the presumption created when the debtor listed the claim as uncontested on the debtor's schedules.
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In re Sturgill

Debtors filed for chapter 13 bankruptcy protection. Creditors, a security interest holder in the debtor's mobile home and a security interest holder in the land on which the mobile home sat, objected to confirmation of the plan. The court held a confirmation hearing on the plan.
Ruling: 
Lien of a creditor holding a security interest in a mobile home could not be modified under a proposed chapter 13 plan because the lien was on the debtors 'principal residence, but the lien on the land on which the home sat could be modified by the plan.
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In re Keith

On November 5, 2003, an order of discharge on behalf of debtors was entered. On June 7, 2005, the trustee moved to reopen the case on the grounds that he learned that one debtor had an insurance fraud claim worth approximately $5,000 which was not reported during the course of the bankruptcy case. Debtors filed an amended Schedule B to list the fraud claim and asserted an exemption under Ky. Rev. Stat. Ann. § 427.010(1). The trustee objected.
Ruling: 
Debtor failed to disclose an insurance fraud claim during the debtor's case and claimed a state law exemption after the case was reopened in bad faith.
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In re WDS Inc.

The debtor initially filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. The debtor filed a motion to alter or amend the court's earlier turnover orders related to attorney's fees, to approve the attorney's application for employment, nunc pro tunc, and the application to employ debtor's attorney for the estate.
Ruling: 
Debtor's motion to alter an order granting turnover to a trustee of the debtor's counsel's retainer and related motions were denied since the counsel had not filed an application for employment and the debtor did not show extraordinary circumstances for why the application was not filed.
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