Cases

MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. On August 5, 2011, Grant, Konvalinka & Harrison, P.C. (“GKH”) filed this lawsuit in the Circuit Court of Hamilton County, Tennessee against C. Kenneth Still (“Trustee”), Richard L. Banks (“Banks”), Rich*888ard Banks & Assoc., P.C. (“Banks P.C.”)1 and Steve A. McKen

*459MEMORANDUM SHELLEY D. RUCKER, Bankruptcy ' Judge. Defendant C. Kenneth Still, trustee (“Mr. Still” or “Trustee”) moves this court to dismiss the complaint of Plaintiff Grant, Konvalinka & Harrison, P.C. (“GKH”) in this adversary proceeding. [Doc. No. 5].1 GKH opposes the motion of the Trustee. [Doc. No. 8]

OPINION RALPH B. GUY, JR., Circuit Judge. Grant, Konvalinka & Harrison, P.C., (GKH) appeals from the district court’s order affirming the bankruptcy court’s decisions dismissing the two complaints it filed in bankruptcy court, and denying it leave to file a third complaint in state court, each of which alleged malicious prosecution and abuse of proce

OPINION RONALD LEE GILMAN, Circuit Judge. Grant, Konvalinka & Harrison, P.C. (GKH), a Tennessee-based law firm, seeks relief from the automatic stay of adversary proceedings resulting from the bankruptcy of one of its former clients, Steve A. McKenzie. GKH contends that it is entitled to an equity interest in certain assets tha

MEMORANDUM JOHN C. COOK, Bankruptcy Judge. The plaintiff in this adversary proceeding, C. Kenneth Still as trustee for the bankruptcy estate of debtor Steve A. McKenzie, seeks to avoid, pursuant to 11 U.S.C. § 549, an alleged transfer by the debtor to the defendant, Nelson Bowers II,1 of the debtor’s membership interest in a limited liability company. The defendant

MEMORANDUM OPINION ON FIRST AND FINAL APPLICATION OF BURR & FORMAN LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES SHELLY B. RUCKER, Bankruptcy Judge. The court has before it the First and Final Application of Burr & Forman, LLP (“Applicant”) for Allowance of Compensation and Reimbursement of Expenses. The law firm of Grant, Konvalinka & Harrison, P.C. (“GKH

MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court are four appeals from orders issued by the United States Bankruptcy Court for the Eastern District of Tennessee (Rucker, J.): (1) the March 30, 2012 Order granting the Trustee’s motion for contempt (Case No. 12-ev-164; Court File No. 1-27); (2) the March 30, 2012 Order granting the Trustee’s motion to dismiss the removed State Court

MEMORANDUM CURTIS L. COLLIER, Chief Judge. Before the Court are three appeals from orders issued by the United States Bankruptcy Court for the Eastern District of Tennessee (Rucker, J.). The first order, which is the subject of the appeal in 1:11— CV-258, dismissed an adversary action filed by Appellant Grant, Konvalinka & Harrison, P.C. (“Appellant”) on the grounds that Appellees Richard L

453 B.R. 737 (2011) In re Steve A. McKENZIE a/k/a Toby McKenzie, Debtor. No. 08-16378. United States Bankruptcy Court, E.D. Tennessee, Southern Division. April 22, 2011. Richard L. Banks, Richard Banks & Associates, P.C., Cleveland, TN, for Debtor. Memorandum SHELLEY D. RUCKER, Bankruptcy Judge. On March 24, 2011, Grant Konvalinka & Ha

460 B.R. 181 (2011) In re Steve A. McKENZIE a/k/a Toby McKenzie, Debtor. No. 08-16378. United States Bankruptcy Court, E.D. Tennessee, Southern Division. October 5, 2011. *183 Kyle R. Weems, Chattanooga, TN, Richard L. Banks, Cleveland, TN, for Debtor. MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The App

449 B.R. 306 (2011) In re Steve A. McKENZIE, Debtor. No. 08-16378. United States Bankruptcy Court, E.D. Tennessee, Southern Division. March 8, 2011. *308 Kyle R. Weems, Chattanooga, TN, Richard L. Banks, Cleveland, TN, for Debtor. MEMORANDUM REGARDING (A) MOTION TO RECONSIDER OR FOR RELIEF FROM THE ORDER RELATING TO THE F

MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. Defendants F. Scott Leroy d/b/a LeRoy & Bickerstaff, F. Scott LeRoy; LeRoy & Bickerstaff, PLLC; LeRoy, Hurst & Bick-erstaff, PLLC (collectively “LeRoy Defendants”); and C. Kenneth Still, trustee (“Trustee”) move this court to dismiss the complaint of Plaintiff Nelson E. Bowers, II (“Bowers” or “Plaintiff”) in this adversary proc

PER CURIAM: Jeffrey Baron appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of his bankruptcy "adversary proceeding" against Daniel J. Sherman, the trustee responsible for administering the bankruptcy estate of Ondova Limited Company. Baron also appeals the denial of his motion for leave to amend. We review both de novo .

MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Defendants Animal Care Trust’s, Karen Walsh’s, Marvin Nicholson, Jr.’s, and Paula Hum’s (“Defendants”) motion for judgment on the pleadings (Court File No. 37).1 Plaintiff United Pet Supply, Inc. (“Plaintiff’) responded to the motion (Court Files No. 40), and Defendants replied (Court Files No. 46). For

MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Defendant Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Medical Center’s (“Defendant” or “Erlanger”) motion to dismiss Relator’s amended complaint (Court File No. 53). Plaintiff Lisa K. Stratienko (“Plaintiff’ or “Relator”), on behalf of the United States of America (“United States”) and the State of Tennessee (co

Decision Granting Defendant’s Motion to Dismiss Counts 1 and 3 of the Amended Complaint GUY R. HUMPHREY, Bankruptcy Judge. On April 14, 2010 the debtor, Betty G. Young, filed a petition under Chapter 13 of the Bankruptcy Code (estate doc. 1). The proposed plan (estate doc. 2), which was confirmed (estate doc. 21), provided that the claim of “Chase”1 would be paid Class 7 by Yo

OPINION NUGENT, Bankruptcy Judge. Collecting property of the estate is a Chapter 7 trustee’s first duty. 1 The debtor must cooperate with the trustee in that pursuit. 2 Anyone who has any of the debt- or’s property must deliver it to th

John T. Gregg, United States Bankruptcy Judge David LaRocca ("LaRocca"), a former member of the board of directors of Great Lakes Comnet, Inc. (the "Debtor"), filed a motion to dismiss [Adv. Dkt. No. 28] (the "Motion") in which he argues that Peter Kravitz, the Trustee of the GLC Liquidation Trust (the "Trustee"), has failed to state a claim for breach of fiduciary duty under Michigan law. The Trustee filed a response [Adv. Dkt. No.

MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT John P. Gustafson, United States Bankruptcy Judge This adversary proceeding is before the court on Defendant’s Motion for Summary Judgment (“Motion”) [Doc. # 39] and Plaintiffs Response to Defendant’s Motion (“Response”) [Doc. #43], which included the Affidavit of Christopher M. Frasor [Doc. # 43-1]. Defendant is the Debtor in the underl

MEMORANDUM DECISION (Re: Motion to Dismiss Counterclaims and Motion to Strike Affirmative Defenses) Robert E. Grossman, United States Bankruptcy Judge This matter is before the Court pursuant to an adversary proceeding commenced by Mare A. Pergament (the “Trustee” or “Plaintiff’), in his capacity as the trustee of the estate of Katya Varela (the “Debtor” or the “Defendant”),