Bennett v. Cory (In re Mammoth Resource Partners, Inc.)

(Bankr. W.D. Ky. Apr. 11, 2017)

The bankruptcy court denies the debtor’s motion to condition the plaintiffs’ voluntary dismissal on payment of the debtor’s attorney fees. The plaintiffs sought to voluntarily dismiss the action without prejudice, but the debtor argued the legal fees paid to date would be wasted if the action was refiled at a later date. The court finds that the available evidence does not establish that the fees were necessary or that the legal work would be wasted and thus the debtor did not show that he would suffer “plain legal prejudice.” The dismissal without prejudice is appropriate and the debtor is not entitled to an award of attorney fees. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Waller Landsden Dortch & Davis, LLP, Ryan K. Cochran, Joseph A. Woodruff

Attorney for Defendant: Kenneth A. Meredith, II

2017-04-11 – in re mammoth resource partners

Author: Matt Lindblom

Halifax Financial Group L.P. v. Hazel (In re Hazel)

(S.D. Ind. Feb. 27, 2017)

The district court dismisses the appeal because the bankruptcy court’s order was not final and appealable. The creditor had filed an emergency motion for stay relief to proceed with acquiring title to the debtor’s real property through Indiana’s tax sale and tax deed procedures. The bankruptcy court denied the motion without prejudice. The district court holds that the bankruptcy court’s order was not final, in part because it was without prejudice and appeared to be a preliminary decision. Opinion below.

Judge: Young

Attorneys for Creditor: Harrison & Moberly, David J. Theising

Attorneys for Debtor: Tom Scott & Associates, PC, Jess M. Smith, III

2017-02-27-in-re-hazel

Author: Matt Lindblom