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William H. Thomas, Jr.

Whether “cause” exists as contemplated under 11 U.S.C. § 1104(a)(1), such that a Chapter 11 trustee should be appointed in lieu of the debtor in possession, or whether such appointment of a trustee is in the interests of creditors as contemplated under 11 U.S.C. § 1104(a)(2).

10/18/2018

16-00260 and 16-0026

William H. Thomas, Jr.

Whether the doctrine of collateral estoppel is applicable?

9/26/2018

13-29432

18-00104

Terry Lyle Clothier and Barbara Jean Clothier

Whether the tolling provision of § 507(a)(8)(A)(ii) applies to § 507(a)(8)(A)(i).

8/27/2018

William H. Thomas, Jr.

Employment of special counsel under 11 U.S.C. § 327(a) and/or (e)

8/24/2018

William H. Thomas, Jr.

Can derivative standing be granted retroactively?

8/10/2018

13-29432

18-00104

Terry & Barbara Clothier

Whether the tolling provision of 11 U.S.C. § 507(a)(8)(A)(ii)(II) applies to all of § 507(a)(8)(A) or only § 507(a)(8)(A)(ii).

7/6/2018

17-24122

17-00171

Derek Evins Denman and Marnie Danell Denman

Summary Judgment pursuant to Fed. R. Bankr. P. 7056 and Objection to Discharge under 11 U.S.C. § 727(a)

7/2/2018

18-24703

Sherita Arleen Clinton-Briscoe

Whether the debtor had the protection of the automatic stay when the debtor's home was sold at foreclosure?

7/2/2018

18-24703

18-00134

Sherita Arleen Clinton-Briscoe

Whether the debtor had the protection of the automatic stay when the debtor's home was sold at foreclosure?

2/5/2018

17-20506

17-00078

Willie Earl West

Summary Judgment pursuant to Fed. R. Bankr. P. 7056 and Dischargeability of Student Loans under 11 U.S.C. § 523(a)(8)

12/5/2017

William H. Thomas, Jr.

Employment of special counsel under 11 U.S.C. § 327(e)

12/5/2017

William H. Thomas, Jr.

Employment of special counsel under 11 U.S.C. § 327(e)

11/2/2017

15-31133

No Place Like Home, Inc.

Whether a party may obtain the tax returns of another party when those tax returns have no real relevancy to the underlying matter beyond simply possibly impeaching the credibility of that party?

10/4/2017

14-22960

16-00075

Opus Medical Management, LLC

Whether this court should impose sanctions (e.g., rendering a default judgment) pursuant to FED. R. BANKR. P. 7037 and FED. R. CIV. P. 37(b)(2)(A)(vi) on a party, who assertedly failed to sufficiently comply with the court’s prior Order compelling that party to respond to the discovery requests of the creditor by a date certain.

9/19/2017

17-20334

Heather Patrice Hogrobrooks Harris

There are four issues in this case: (1) what should be the amount of the § 722 redemption value of the vehicle and how much time should the debtor have to pay the creditor the allowed secured claim in order to redeem the vehicle; (2) whether the creditor should be granted relief from the § 362(d) automatic stay (and related matters); (3) whether the debtor willfully violated this court’s order requiring the court to impose sanctions against her; and (4) whether the debtor should be granted a Chapter 7 discharge at this time under § 727(a).

3/27/2017

William H. Thomas, Jr.

Whether the bankruptcy court should stay two of its prior orders pending their appeal under FED. R. BANKR. P. 8007(a)(1)?

1/11/2017

William H. Thomas, Jr.

Whether this Court clearly erred creating a manifest injustice by granting a creditor’s prior motion for relief from the § 362(a) automatic stay under the Bankruptcy Code and another creditor’s motion for joinder thereto, such that the Order should be altered or amended pursuant to F.R.B.P. 9023, under the particular facts and circumstances and applicable law of this specific case.

10/27/2016

15-31133

No Place Like Home, Inc.

Federal Arbitration Act: whether an arbitrator or the bankruptcy court should hear, determine, and liquidate wage and hour law claims that arose prior to the filing of the Chapter 11 case and deal with non-bankruptcy law?

8/8/2016

14-23043

LaRhonda Kaye Robertson

Informational memorandum regarding the best practices before this court when an attorney, other than the original attorney of record, converts a case from Chapter 13 to a case under Chapter 7 of the Bankruptcy Cody without first obtaining the original attorney of record's consent or filing a motion to seek to be substituted as attorney of record on behalf of the debtor

6/10/2016

15-23544

15-00237

Robert Clark Wheeler

Whether the debtor committed either a fraudulent act, false representation, or a “willful and malicious injury” as contemplated by 11 U.S.C. § 523(a)(2) and/or (a)(6), such that the underlying debt and resulting State Court judgment owed to the plaintiffs should be declared a statutory exception to the debtor's general Chapter 7 discharge

10/26/2015

12-26347

E/Doc Systems, Inc.

Whether the fees and expenses sought by attorney for professional services rendered throughout the course of his representation of E/Doc are reasonable and necessary, and thus allowable as a 11 U.S.C. § 503(b) administrative expense

8/11/2015

09-20539

13-00522

Ramco-Remodel America Corp.

Whether a postpetition, court approved lump sum cash payment of $5,000 from Ramco to the Wallises constituted a full and complete satisfaction and resolution of a prepetition claim that the Wallises asserted against Ramco, a corporate entity, and also Les W. Stone, president of Ramco, or, instead, whether the $5,000 payment was merely and solely consideration for the withdrawal of the vote cast by the Wallises rejecting confirmation of the corporate plan of reorganization proposed by Ramco.

7/1/2015

13-32671

14-00120

KEITH TRAVIS HAYNES and JENNY KAY HAYNES

Whether a debt owed should be excepted from the general discharges under 11 U.S.C. § 523 (a)(2), (4), and (6) and whether attorney fees should be awarded to the successful debtor under 11 U.S.C. § 523(d)

5/7/2015

09-20539

13-00522

Ramco-Remodel America Corp.

Whether the attorney for Ramco, may testify at the trial of this adversary proceeding as to the substance of the postpetition communications exchanged between himself and the former attorney for the Wallises, who is now deceased, that ultimately gave rise to a Consent Order entered into by these parties, which resulted in the withdrawal of the Wallises rejection of Ramco’s Chapter 11 plan of reorganization.

12/16/2014

14-26711

LaShandra Michelle Turner

Whether prepetition child support arrearages that are owed to the debtor, and are listed in her Schedule B, are property of the debtor's chapter 13 estate under 11 U.S.C. §§ 541 and 1306.

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Judge Latta

Found 218 Opinions.

Filed Date

AdvNo

Debtor

Issue

10/1/2019

19-26580

Skefco Properties, Inc.

Whether, under Code section 1112(b), the Chapter 11 case should be dismissed and/or whether under section 362(d) the creditor was entitled to relief from the automatic stay.

7/31/2019

18-00153

Larry Parke Chinn

Whether the first amended complaint to determine the dischargeabilty of a debt under Code sections 523(a)(2)(A) and or (a)(6) should be dismissed pursuant to Bankruptcy Rule 7012(b)(6) for failure to state a claim upon which relief can be granted.

7/31/2019

18-00157

Larry Parke Chinn

Whether the first amended complaint to determine the dischargeabilty of debt under Code sections 523(a)(2)(A), (a)(2)(B), and (a)(6) should be dismissed pursuant to Bankruptcy Rule 7012(b)(6) for failure to state a claim upon which relief can be granted.

7/31/2019

18-00157

Larry Parke Chinn

Whether portions of the Plaintiff's first amended complaint and related exhibits should be stricken pursuant to Bankruptcy Rule 7012(f) as containing immaterial and impertinent matter.

6/28/2019

12-26412-L

18-00193

Joseph B. Sharp, II

Sanctions Issued against Debtor and Debtor’s attorney for failure to comply with discovery requirements. Fed. R. Bankr. P. 7037.

6/6/2019

18-27004

18-294

Donna Ray Johnson

Complaint alleges breach of contract, violation of TILA, negligent misrepresentation, breach of duty under RESPA, wrongful foreclosure, fraud and misrepresentation, civil conspiracy, and conversion of property by defendants in connection with prepetition foreclosure of Debtor’s residence.

4/1/2019

12-26412-L

19-193

Joseph B. Sharp, II

Whether counter-claim by counter-plaintiff that certain of Debtor's obligations under the parties' marital dissolution agreement are excepted from discharge under Code section 523(a)(2)(A) or 523(a)(6)should be dismissed.

1/29/2019

10-26100

18-00242

Performa Entertainment Real Estate, Inc.

Whether the Bankruptcy Court should abstain from hearing this proceeding in favor of a Chancery Court action initiated by the defendant, Beale Street Development Corporation.

10/31/2018

Larry Parke Chinn

Whether the Trustee's motion to approve compromise and settlement of a creditor's state court litigation against the debtor, with payment solely from insurance proceeds, would be granted over the objections of other creditors.

10/15/2018

18-20429-L

18-00079

Neal H. Labovitz

Whether the United States was entitled to summary judgment on the Plaintiff's Complaint to Hold Creditor [IRS] and Tamika Buford in Contempt of Court.

9/26/2018

18-25100

18-00015

Raymond F. Thomas

Whether a trustee in bankruptcy for one spouse may, pursuant to Code section 363(h), sell real property held in a tenancy by the entirety.

5/14/2018

18-20429

18-00010

Neal H. Labovitz

Complaint to extend automatic stay, apply co-debtor stay, or issue an injunction to prevent the IRS from executing a levy on the investment account of the Debtor's non-filing wife to satisfy their joint tax obligation failed to state a claim upon which relief could be granted.

5/10/2018

14-00429

Earl Benard Blasingame and Margaret Gooch Blasingame

Whether malpractice action against Debtors' initial attorneys was property of the Debtors or the bankruptcy estate.

5/8/2018

Earl Benard Blasingame and Margaret Gooch Blasingame

Whether the court should issue a stay of its order granting the case trustee's motion to abandon any interest of the estate in personal property possessed by the debtors at commencement of the case pending its appeal.

5/8/2018

17-26763

17-00252

Robert Dale Crum

Whether complaint to determine dischargeability of a domestic obligation should be dismissed under Federal Rule Bankruptcy Procedure 7012(b)(6) for failure to state a claim upon which relief could be granted.

5/4/2018

15-00021

Earl Benard Blasingame and Margaret Gooch Blasingame

Whether complaint for a declaratory judgment determination of whether personal property possessed by the debtors at commencement of their case was owned by the debtors, by trusts, or by children of the debtors should be dismissed.

4/17/2018

17-25100

18-00015

Raymond F. Thomas

Whether complaint should be dismissed pursuant to Federal Rules of Civil Procedure 12(b)(6), 12(b)(7), 12(d) or 19.

4/10/2018

Earl Benard Blasingame and Margaret Gooch Blasingame

Trustee's motion to abandon interest of the estate, if any, in adversary proceeding to determine ownership of personal property at commencement of the case was granted upon determination that the proceeding is of inconsequential value to the estate.

1/11/2018

17-28874

Mary Anne Johnson

Whether deadlines to file a 707(b) motion to dismiss the case or a complaint to deny discharge could be extended upon reinstatement of the case. Court granted the motion to reinstate and extended the deadlines because the deadlines had not expired prior to reinstatement.

11/27/2017