In re Batt

488 B.R. 341, 2013 WL 849219, 2013 Bankr. LEXIS 843
CourtUnited States Bankruptcy Court, W.D. Kentucky
DecidedMarch 7, 2013
DocketNo. 10-30310
StatusPublished

This text of 488 B.R. 341 (In re Batt) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Batt, 488 B.R. 341, 2013 WL 849219, 2013 Bankr. LEXIS 843 (Ky. 2013).

Opinion

MEMORANDUM

ALAN C. STOUT, Bankruptcy Judge.

The above-styled case comes before the Court on the Joint Motion for Entry of Order Approving Settlement and Mutual Release Agreement (the “Settlement Motion”) filed by the Debtor Jerry Joe Batt (“Debtor”), Julie Apperson as Chapter 7 Trustee of the bankruptcy estate of Jerry Joe Batt (“Trustee”), Angella J. Batt (“Mrs. Batt”), Ian Batt, Derek Batt, a minor by and through his mother Angella J. Batt, Jerry J. Batt Trust, Angella J. Batt Trust, Jerry J. Batt Irrevocable Trust, and Angella J. Batt in her capacity as custodian of certain accounts (collectively the “Parties”). In the Settlement Motion, the Parties seek an Order approving the settlement and compromise of certain claims and actions (the “Settlement”) as set forth in Settlement Agreement and Mutual Release, which is incorporated herein by reference. Both Fifth Third Bank (“Fifth Third”) and The Huntington National Bank (“Huntington”) objected to the Settlement. As discussed more fully below, the Court will approve the Settlement.

I.Factual Background

1. Jerry Joe Batt (the “Debtor”) filed a Petition for Chapter 7 relief on January 25, 2010 in the United States Bankruptcy Court for the Western District of Kentucky; that matter is styled In re Jerry Joe Batt, Case No. 10-30310.

2. On November 15, 2010, the Trustee filed an Objection to Debtor’s Claimed Exemptions (Doc. No. 134) (the “Exemption Litigation”). The Debtor opposed the Trustee’s objection to exemptions and that litigation is still pending. Trial on this matter is scheduled to begin on April 2, 2013.

3. On June 30, 2010, Huntington filed an adversary proceeding against the Debt- or seeking to deny the Debtor a discharge pursuant to 11 U.S.C. §§ 727(a)(2), (3), (4) and (5) and to except the debt owed to it by the Debtor from discharge pursuant to 11 U.S.C. § 523(a)(6) (the “Huntington Discharge Litigation”). The Debtor answered the complaint denying the allegations alleged by Huntington and litigation in this adversary proceeding has continued to date. Trial in this matter is scheduled to begin on April 2, 2013.

[344]*3444. On November 17, 2010, the Trustee initiated an adversary proceeding against the Debtor seeking to deny a discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), (a)(6) and/or (a)(7). (A.P. No. 10-3091) (the “Discharge Litigation”). The Debtor answered the complaint denying the allegations alleged by the Trustee. Litigation in this adversary proceeding has continued to date. Upon motion by the Trustee, on June 20, 2012, the Court consolidated this action with the Huntington Discharge Litigation. As with the Huntington Discharge Litigation, trial in this matter is scheduled to begin on April 2, 2013.

5. On August 29, 2011, the Trustee filed an adversary proceeding against Mrs. Batt, the Batts’ three sons, Ian, Derek and Drew, as well as the trusts created by the Batts and thereafter amended (collectively the “Batts”) seeking recovery of alleged preferential transfers, alleged fraudulent transfers, turnover of property of the bankruptcy estate, damages, equitable relief and a declaratory judgment. (A.P. No. 11-3052) (the “Avoidance Litigation”). The Batts answered the complaint denying the allegations alleged by the Trustee and requesting a trial by jury. Litigation in this adversary proceeding has continued to date and, as of yet, there is no trial date set for a trial to commence.

6. On January 24, 2012, the Trustee filed an adversary proceeding against Paul Haye, Heritage Planners, New York Life Insurance Company, New York Life Insurance Company of Arizona, and New York Life Insurance and Annuity Corporation. (A.P. No. 12-3011) (the “New York Life Litigation”). The Trustee sought to recover preferential transfers and fraudulent conveyances related to boats, jet skis and insurance premium payments, and to obtain the cash surrender value of certain life insurance policies. The Defendants in this action (the “New York Life Defendants”) answered denying the allegations alleged by the Trustee and asserting several affirmative defenses. Litigation in this adversary proceeding has continued to date. Discovery in this action is not yet complete, and, as of yet, there is no trial date set for a trial to commence.

7. On January 24, 2012, the Trustee filed an adversary proceeding against Huntington and other related entities. (A.P. 12-3012) (the “Huntington Litigation”). The Trustee sought to recover property conveyed in fraud of creditors, for turnover of property, for disallowance of claims, and for equitable subordination. The Huntington entities all answered and litigation in this adversary proceeding has continued to date.

8. Over the course of two years, and after five (5) separate mediation sessions with the Honorable Thomas H. Fulton, United States Bankruptcy Judge for the Western District of Kentucky, the Parties were able to reach a global settlement of the litigation between themselves.

9. On January 22, 2013, the Parties filed this Settlement Motion seeking approval of the Settlement.

10. Some of the terms of the Settlement include:

a. The Debtor and Mrs. Batt jointly would pay a total sum of Three Hundred Fifty Thousand Dollars ($350,-000.00) into the Court’s Registry within thirty (30) days after entry of an Order approving this Agreement. Within ten (10) days after entry of a final and non-appealable Order approving the Settlement, the funds would be released to the bankruptcy estate.
b. Within ten (10) days after entry of a final and non-appealable Order approving the Settlement, the Parties [345]*345would file all pleadings necessary to dismiss or withdraw with prejudice any and all claims, appeals, litigation and proceedings pending between the Parties, including, but not limited to, the following adversary proceedings which would be dismissed with prejudice: the Discharge Litigation (10-3091), the Avoidance Litigation (11-3052), the New York Life Litigation (12-3011).
c. Within ten (10) days after entry of a final and non-appealable Order approving the Settlement, the Trustee would withdraw with prejudice her objections to the exemptions claimed by the Debtor in the main bankruptcy case (the Exemption Litigation).
d. Within ten (10) days after entry of a final and non-appealable Order approving the Settlement, the Trustee would withdraw all claims, motions and documents that in any way seek the turnover of any kind of any asset from the Debtor, Angella J. Batt, their respective trusts and amended trusts, and the Batts’ three sons, Derek Batt, Ian Batt and Drew Batt, which includes but is not limited to the pursuit of any account held in any of these parties’ names whether held singly, jointly, or in a custodial capacity.
e. With a qualified exception, the Trustee would not take or join in any further action to oppose the discharge of the Debtor.
f.

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Cite This Page — Counsel Stack

Bluebook (online)
488 B.R. 341, 2013 WL 849219, 2013 Bankr. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-batt-kywb-2013.