Kentucky Bankruptcy Law
<h2> <center> United States of America v. Brailen Weaver </h2> </center>
Lexington, Kentucky, criminal defense lawyer represents the Defendant charged with armed bankruptcy. By Kent Morlan Brailen Weaver entered a US Bank in Berea, Ky, on April 30, 2026, at approximately 1:57 p.m. Upon entering the bank, Weaver immediately shot and killed a bank employee and then killed a bank teller. Weaver checked multiple drawers in the bank and immediately left. Investigators... More...
$ (05-07-2026 - KY)<h2> <center> United States of America v. Tracy Davenport </h2> </center>
Louisville, Kentucky, criminal defense lawyer represented the defendant charged with wire fraud. Tracy Davenport, 51, of Louisville, and others working at her direction, engaged in a scheme to induce customers into signing a contract for a pool installation and paying a large down payment up front. Davenport used those funds for purposes other than what was agreed upon. Davenport pled guilty... More...
$ (03-05-2026 - KY)Andrew W. Wade and Lisa Wade v. Paul B. Willis and Lisa D. Wade
<h2><br> Lexington, Kentucky landlord and tenant lawyers represented the parties in lease case.<br> </h2><br> <br> <br> The Willises own a single-family house located at 321 Valley Brook Drive in Lexington ("the Premises"). In 2003, the Willises planned to move and looked into selling or renting the Premises. Allison Willis knew Lisa Wade from work. The Wades had been looking to purchase a home b... More...
$0 (07-19-2024 - KY)<h1> United States of America v. Jeffrey Robert Owen </h1>
<font color="red"><b><h2><center> Louisville, Kentucky criminal defense lawyer represented the Defendant charged with Bank Fraud, Wire Fraud, and Money Laundering </font </color="red"></b></center></i></i><b><center></i><br> <b> </b> Prospect Man Sentenced to Over 11 Years in Federal Prison for Bank Fraud, Wire Fraud, and Money Laundering</h2></center></b></b> </h2></center></b><br> <b... More...
$0 (08-27-2024 - KY)<h1> United States of America v. Jeffrey Robert Owen </h1>
<b><h2><center><font color="red"><i> Louisville, Kentucky criminal defense lawyer represented the Defendant charged with conspiracy to commit bank fraud, two counts of bank fraud, two counts of wire fraud, and one count of money laundering.</b></h2></center></i></font color="red"></i><b><h3><center><i></b> Federal Trial Jury Finds Prospect Man Guilty of Bank Fraud, Wire Fraud, and Money Launderi... More...
$0 (03-13-2024 - KY)Amy Jo Hicks v. John Lee Perkins v. Commissioners of Social Security
When individuals in this country are unable to work because of physical or mental disabilities, they may file for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits. The eleven plaintiffs here all filed for these benefits, and they all eventually received them. The trouble, however, is that they were represented in their efforts by Eric Conn, a ... More...
$0 (11-26-2018 - KY)Linda S. Isaacs v. DBI-ASG Coinvestor Fund, III, LLC
Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. ... More...
$0 (07-26-2018 - KY)Sunshire Heifers, L.L.C. v. Citizens First Bank
On August 14, 2014, a panel of this court<br> held that Citizens First Bank (“Citizens First” or “CFB”) failed to demonstrate that the “Dairy<br> Cow Leases” it had with farmer Lee Purdy (“Debtor”) were actually security agreements in<br> disguise. Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513, 521 (6th Cir.<br> 2014). The case was subsequently remanded t... More...
$0 (08-31-2017 - KY)United States of America v. Deric Lostutter
Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents<br> <br> A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.<br> <br> U.S. ... More...
$0 (03-08-2017 - KY)Left Fork Mining Company, Inc. v. Irving Hooker, et al.
This is an appeal from the district court's dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy<br> in this case. For the reasons stated herein, we AFFIRM.<br> I.<br> Pla... More...
$0 (01-01-2015 - KY)Dionte Tyler v. DH Capital Management, Inc.
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky's usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an<br><br>1<br><br>No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2<br><br>amount to which DHC was not legally entitled. The district court dismissed the suit, because it was proce... More...
$0 (11-08-2013 - KY)Dionte Tyler v. DH Capital Management, Inc.
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky's usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an<br> <br> 1<br> <br> No. 13-5021 Tyler v. DH Capital Management, Inc. <br> <br> Page 2<br> <br> amount to which DHC was not legally entitled. The district court dismissed the suit, beca... More...
$0 (10-22-2013 - KY)Dionte Tyler v. DH Capital Management, Inc.
Dionte Tyler brought this action under the Fair Debt<br> Collection Practices Act (FDCPA) and Kentucky's usury laws, alleging that the debtcollection<br> action instituted by DH Capital Management (DHC) sought to collect an<br> <br> 1<br> <br> No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2<br> <br> amount to which DHC was not legally entitled. The district court dismissed the suit,<br> be... More...
$0 (10-22-2013 - KY)Randall Scott Waldman v. Ronald B. Stone
Ron Stone, a Chapter 11 debtor-in-possession, brought this adversarial proceeding in bankruptcy court against his principal creditor, Randall Waldman. After a trial, the bankruptcy court found that Waldman had obtained nearly all of Stone's business assets by means of fraud. As relief, the court discharged the debts that Stone owed to Waldman, and awarded Stone more than $3 million in compensatory... More...
$0 (10-26-2012 - KY)Deborah K. Seafort v. Beverly M. Burden
Chapter 13 of the Bankruptcy Code permits "individual[s] with regular income†whose debt falls within statutory limits, see 11 U.S.C. §§ 101(30), 109(e), to keep their property if they agree to a court-approved plan to pay creditors out of their future "disposable income.†See 11 U.S.C. §§ 1306(b), 1321, 1322(a)(1), 1328(a). However, if a trustee of the plan or an unsecured... More...
$0 (02-15-2012 - KY)Salyersville National Bank v. Jackie Bailey
Jackie and Peggy Bailey fell on hard times, forcing them to seek protection from their creditors through the bankruptcy laws. In the course of the bankruptcy proceeding, they signed a reaffirmation agreement with their mortgage lender, which allowed them to stay in their home, obligated them to continue making their full mortgage payments after the bankruptcy and was premised on the assumption (la... More...
$0 (12-12-2011 - KY)Rodney Cochran v. Dan Gilliam
In this 42 U.S.C. § 1983 action, Defendants- Appellants Dan and Don Gilliam (collectively, "Gilliamsâ€) appeal the district court's denial of their motion for summary judgment on the basis of qualified immunity.<br><br>Plaintiff-Appellee Rodney Cochran alleges the Gilliams, both deputy sheriffs in Lincoln County, Kentucky, violated his constitutional rights by assisting Cochran's landlords... More...
$0 (09-02-2011 - KY)Donald Music v. Arrowood Indemnity Company
On July 20, 2009, defendant Arrowood Indemnity Company removed this bad-faith insurance action to federal court on the basis of diversity of citizenship jurisdiction. More than 30 days thereafter, on October 27, 2009, plaintiff Donald Music moved to remand, claiming that Arrowood failed to remove within one year after the action was commenced as required by 28 U.S.C. § 1446(b).<br><br>The distr... More...
$0 (02-11-2011 - KY)Westport Insurance Corp., et al. v. Energy Financial Services, LLC, et al.
The plaintiff insurance companies appeal the district court's order granting summary judgment to the defendant insureds, in which the district court determined that under the terms of the policies issued by plaintiffs, plaintiffs had a duty to defend the insureds against third-party negligence claims. We affirm. Energy Insurance Agency ("Energyâ€) is, among other things, a consultant in the i... More...
$0 (03-24-2009 - KY)James T. Marr, Jr. v. Commonwealth Land Title Insurance Company
This is a "collateral estoppel†case arising from diversity of citizenship, a case in which the claims and defenses of both parties were difficult for the District Court to follow and for us to adjudicate on appeal. We will do our best to clarify the situation. In an action on a title insurance policy, Thomas Marr, the plaintiff-insured, sued the Commonwealth Land Title Insurance Company in ... More...
$0 (01-29-2009 - KY)Paul Bariteau v. PNC Financial Services Group, Inc., et al.
In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company's vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company's account with PNC Bank. <br><br>In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had breached... More...
$0 (07-16-2008 - KY)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=04a0010p.06" target="_New">United States of America, On Behalf of the Rural Utilities Service of the Department of Agriculture and the United States Trustee, et al. v. J. Baxter Schilling</a>
At issue in this case are the duties of disinterest and disclosure of an examiner appointed to facilitate a reorganization under Chapter 11 of the Bankruptcy Code. The issues arise from the appointment of J. Baxter Schilling to serve as the examiner in the reorganization of Big Rivers Electric Corporation, which was unable to meet obligations on $1.2 billion in debt and whose September 1996 bankru... More...
$0 (01-19-2004 - KY)<a href"http://162.114.92.72/COA/2001-CA-000529.pdf#xml=http://162.114.92.72/dtsearch.asp?cmd=pdfhits&DocId=98&Index=D%3a%5cInetpub%5cwwwroot%5cIndices%5cBoth%5fCourts%5fIndex&HitCount=3&hits=1+2+4+&hc=222&req=Rendered+w%2F2+December+w%2F5+2003" target="_new">Jerry D. Hall and Dean B. Hall v. Clarence B. Creech, et al.</a>
<P>This is a pro se appeal in an estate settlement case of the Boyd Circuit Court's order dismissing Appellants' complaint pursuant to CR 41.02. Because we are convinced the trial court did not abuse its discretion in dismissing the underlying action, we affirm.<P> Appellants, Jerry Hall and Dean Hall (the Halls), are the sons of Ruth Hall Creech who died testate on July 11, 1993, leaving a... More...
$0 (12-15-2003 - KY)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=03a0005p.06" target="_new">Household Automotive Finance Corporation v. Beverly Burden, Trustee</a>
In this bankruptcy appeal, we are asked to review the bankruptcy court's calculation of the appropriate interest rate to be applied in a "cram down" provision in the debtors' Chapter 13 plan. The decision requires interpretation of language in the controlling case of Memphis Bank & Trust Co. v. Whitman, 692 F.2d 427 (6th Cir. 1982). There we adopted what has since become known as the "... More...
$0 (01-08-2003 - KY)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=01a0350p.06" target="_new">Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharmacies, Inc.</a>
Debtors, Donald Ray Kennedy and Shirley Jean Kennedy, appeal from the judgment of the district court affirming an order of the United States Bankruptcy Court for the Western District of Kentucky, which found the Kennedys' obligations under a covenant not to compete were nondischarageable and terminated the automatic stay to allow plaintiff, Medicap Pharmacies, Inc., to seek an injunction. The Kenn... More...
$0 (10-02-2001 - KY)<a href=http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=01a0348p.06" target="_new">Beverly Burden, et al. v. Check in Cash of Kentucky, L.L.C., et al.</a>
Defendants, Check Into Cash of Kentucky, LLC, and W. Allan Jones, Jr., appeal from the district court's order denying Defendants' motion brought pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., to compel arbitration of claims brought by Plaintiffs, Beverly Burden, Chapter 13 bankruptcy trustee for multiple estates, et al., alleging violations of federal and Kentucky law aris... More...
$0 (10-01-2001 - KY)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=01a0156p.06" target="_new">Kennedy v. Mustaine</a>
Thomas Joseph Kennedy and his wife Diane Michelle Kennedy, appeal from the judgment entered by the district court on September 29, 1999, affirming the order entered by the United States Bankruptcy Court for the Western District of Kentucky, granting summary judgment to Creditors-Appellees, Phillip B. Mustaine and his wife Phyllis J. Mustaine - Plaintiffs in the underlying adversary proceeding and ... More...
$0 (05-10-2001 - KY)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=01a0143p.06" target="_new">Morehead v. State Farm Mutual Insurance Company</a>
The parties stipulated to the following facts before the bankruptcy court. State Farm filed a lawsuit against Morehead on January 3, 1993 and obtained a judgment against her on March 24, 1995. State Farm issued a wage garnishment to Morehead's employer on or about February 12, 1996, September 9, 1996 and June 12, 1997. On November 12, 1997, Morehead filed a voluntary petition in Bankruptcy Court u... More...
$0 (05-03-2001 - KY)