Johnson's Commercial Flooring, Inc. v. Kaelin

Adversary Proceeding
Lead BK case is: 5:18-bk-04131

North Carolina Eastern Bankruptcy Court
Chapter 7
Judge:Stephani W Humrickhouse
Case #: 5:18-ap-00117
Nature of Suit67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
68 Bankruptcy - Dischargeability - §523(a)(6), willful and malicious injury
62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud
Case Filed:Nov 12, 2018
Terminated:Nov 13, 2019
Last checked: never
Defendant
Jerry Wayne Kaelin
316 Rondelay Dr.
Durham, NC 27703
Represented By
Jerry Wayne Kaelin
contact info
Plaintiff
Johnson's Commercial Flooring, Inc.
401 S. 32nd St.
Louisville, KY 40212
Represented By
Anna B. Osterhout
Smith/anderson/blount/dorsett/mitchell/
contact info
Jang Jo
Smith, Anderson, Blount, Dorsett, Mitche
contact info


Docket last updated: 11 hours ago
Wednesday, November 13, 2019
court Close Adversary Case Wed 11/13 9:30 AM
Adversary Case 5:18-ap-117 Closed (Gurgone, Christy)
Related: [-]
Sunday, September 08, 2019
41 41 court BNC Certificate Of Mailing - Order Mon 09/09 12:51 AM
BNC Certificate Of Mailing - Order Notice Date 09/08/2019. Related [+] (Admin.)
Related: [-] 40
Friday, September 06, 2019
40 40 order Consent Order (No Motion) Fri 09/06 3:58 PM
Consent Order Resolving Adversary Proceeding. (Gurgone, Christy)
Related: [-]
Att: 1 Exhibit Exhibit 1 to Consent Order
Thursday, August 29, 2019
utility Terminate Deadline (Public) Thu 08/29 2:27 PM
Deadline(s) Terminated. Status report filed Related [+] (Donnery, Erin)
Related: [-] ument no.37 Order on Motion to Stay
Wednesday, August 28, 2019
39 39 admis Status Report Wed 08/28 3:31 PM
Status Report filed by William F. Braziel III, Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc., Jerry Wayne Kaelin. (Osterhout, Anna)
Related: [-]
Wednesday, July 03, 2019
38 38 court BNC Certificate Of Mailing - Order Thu 07/04 1:16 AM
BNC Certificate Of Mailing - Order Notice Date 07/03/2019. Related [+] (Admin.)
Related: [-] 37
utility Terminate Deadline (Public) Wed 07/03 7:51 AM
Deadline(s) Terminated. Pretrial deadline terminated because matter stay. Deadline set for 60 day status repor Related [+] (Howard, Allyson)
Related: [-] ument no.37 Order on Motion to Stay
Monday, July 01, 2019
37 37 order Stay Mon 07/01 2:31 PM
Order Granting Motion to Stay Related [+] (Gurgone, Christy)
Related: [-] 36
utility Calendar - Remove Mon 07/01 2:32 PM
Note to Courtroom Deputy - Remove from Calendar - Other- AP Stayed Related [+] (Gurgone, Christy)
Related: [-] ument no.34 Order Granting Motion to Continue Hearing (Related Doc33 ) (related documents23 Motion for Judgment on the Pleadings filed by Plaintiff Johnson's Commercial Flooring, Inc.) Hearing scheduled for 7/24/2019 at 10:00 AM at Raleigh Courtroom
Thursday, June 27, 2019
36 36 motion Stay Thu 06/27 4:03 PM
Joint Motion to Stay filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-]
Thursday, June 20, 2019
35 35 court BNC Certificate Of Mailing - Order Fri 06/21 1:08 AM
BNC Certificate Of Mailing - Order Notice Date 06/20/2019. Related [+] (Admin.)
Related: [-] 34
Tuesday, June 18, 2019
34 34 order Continuance of Hearing Tue 06/18 2:38 PM
Order Granting Motion to Continue Hearing Related [+] Hearing scheduled for 7/24/2019 at 10:00 AM at Raleigh Courtroom (Howard, Allyson)
Related: [-] 33 23 Motion for Judgment on the Pleadings filed by Plaintiff Johnson's Commercial Flooring, Inc.
33 33 motion Continue Hearing Tue 06/18 11:54 AM
First Motion to Continue Hearing Related [+] filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-] ument no. Notice of Hearing (related document(s):23 Motion for Judgment on the Pleadings filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.) Hearing scheduled for 6/19/2019 at 11:00 AM at Raleigh Courtroom (Howard, Allyson) Additional attachment(s) added on 5/21/2019.ument no.31 Notice of Hearing
Friday, May 31, 2019
32 32 misc Brief Fri 05/31 2:26 PM
Brief in Support of filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc. Related [+]. (Osterhout, Anna)
Related: [-] 23 Motion for Judgment on the Pleadings,28 Memorandum of Law
utility Matter Scheduled/Added to Calendar Fri 05/31 3:43 PM
Matter Scheduled/Added to Calendar-6/19/19 Related [+] (Wright, Dawn)
Related: [-] ument no.32 Brief filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.
Tuesday, May 21, 2019
31 31 court Hearing Set (Motion) Tue 05/21 9:48 AM
Notice of Hearing Related [+] Hearing scheduled for 6/19/2019 at 11:00 AM at Raleigh Courtroom (Howard, Allyson) Additional attachment(s) added on 5/21/2019 (Howard, Allyson)
Related: [-] 23 Motion for Judgment on the Pleadings filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.
30 30 utility Matter Scheduled/Added to Calendar Tue 05/21 8:20 AM
Matter Scheduled/Added to Calendar Related [+] (Howard, Allyson)
Related: [-] ument no.23 Motion for Judgment on the Pleadings filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.,24 Memorandum of Law filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.,28 Memorandum of Law filed by Counter-Claimant Jerry Wayne Kaelin, Defendant Jerry Wayne Kaelin,29 Response filed by Counter-Claimant Jerry Wayne Kaelin, Defendant Jerry Wayne Kaelin
Monday, May 20, 2019
29 29 answerap Response Mon 05/20 2:30 PM
Response to Related [+] filed by William F. Braziel III on behalf of Jerry Wayne Kaelin (Braziel, William)
Related: [-] 23 Motion for Judgment on the Pleadings filed by Johnson's Commercial Flooring, Inc., Johnson's Commercial Flooring, Inc.
28 28 9 pgs misc Memorandum of Law Mon 05/20 2:24 PM
Memorandum of Law in Opposition to Motion for Partial Judgment filed by William F. Braziel III on behalf of Jerry Wayne Kaelin. (Braziel, William)
Related: [-]
Monday, May 13, 2019
27 27 order Extend Time Mon 05/13 3:28 PM
Order Granting Motion to Extend Time Related [+] Response Due by 5/20/2019. (Gurgone, Christy)
Related: [-] 25
Tuesday, May 07, 2019
26 26 court Deficiency Notice - Attorney (AP) Tue 05/07 12:56 PM
DEFICIENCY NOTICE to William E. Brewer, Jr.. The referenced document has been filed; however, it is deficient as follows: An order granting the relief requested was not submitted as required by Local Rule 5005-4(4). Failure to correct the deficiencies by the date indicated may result in the court assuming you no longer desire the relief requested and entering an order denying or dismissing the requested relief. Related [+] Due by 5/17/2019. (Gurgone, Christy)
Related: [-] ument no.25 Motion to Extend Time to File Response, filed by Jerry Wayne Kaelin, Jerry Wayne Kaelin
Monday, May 06, 2019
25 25 motion Extend Time/Deadlines Mon 05/06 4:23 PM
Motion to Extend Time to File Response, filed by William F. Braziel III on behalf of Jerry Wayne Kaelin. (Braziel, William)
Related: [-]
Tuesday, April 16, 2019
utility Terminate Deadline (Public) Tue 04/16 7:33 AM
Deadline(s) Terminated. Motion filed Related [+] (Howard, Allyson)
Related: [-] ument no. Deadline Set
Monday, April 15, 2019
24 24 19 pgs misc Memorandum of Law Mon 04/15 5:02 PM
Memorandum of Law in Support of Plaintiff's Motion for Partial Judgment on the Pleadings filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc. Related [+]. (Osterhout, Anna)
Related: [-] 23 Motion for Judgment on the Pleadings
23 23 motion Judgment on the Pleadings Mon 04/15 4:58 PM
Motion for Judgment on the Pleadings filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-]
Sunday, April 07, 2019
22 22 court BNC Certificate Of Mailing - Order Mon 04/08 12:53 AM
BNC Certificate Of Mailing - Order Notice Date 04/07/2019. Related [+] (Admin.)
Related: [-] 20
Friday, April 05, 2019
21 21 utility Matter Scheduled/Added to Calendar Fri 04/05 10:38 AM
Matter Scheduled/Added to Calendar Related [+] (Howard, Allyson)
Related: [-] ument no.20 Scheduling Order
20 20 order Scheduling Order Fri 04/05 10:36 AM
Scheduling Order. Rule 26(a)(1) Disclosures due: 7/3/19. Rule 26(a)(2) Disclosures due: 11/29/2019. Discovery due: 1/29/2020. Mediation Notification due 7/3/2019. Amendment(s) due by 7/19/2019. Motions due by 2/28/2020. Pretrial Order due by 3/27/2020. Trial date set for 4/29/2020 at 10:30 AM at Raleigh Courtroom. . (Howard, Allyson)
Related: [-]
Thursday, April 04, 2019
19 19 admis Pre-Conference Report Thu 04/04 9:09 AM
Pre-Conference Report filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc. Related [+]. (Osterhout, Anna)
Related: [-] 18 Order Directing Parties to File Joint Report
Tuesday, March 05, 2019
18 18 order Directing Filing of Joint Report Tue 03/05 1:21 PM
Order Directing Parties to File Joint Report Pre-Conference Report due by 4/4/2019. . (Howard, Allyson)
Related: [-]
17 17 utility Calendar - Schedule Tue 03/05 11:37 AM
Note to Courtroom Deputy - Schedule Hearing Date Preliminary Pretrial Conference Related [+] (Gurgone, Christy)
Related: [-] ument no.11 Answer to Complaint filed by Counter-Claimant Jerry Wayne Kaelin, Defendant Jerry Wayne Kaelin, Counterclaim,16 Answer to Counterclaim filed by Counter-Defendant Johnson's Commercial Flooring, Inc., Plaintiff Johnson's Commercial Flooring, Inc.
Friday, March 01, 2019
16 16 answer Answer to Counterclaim Fri 03/01 1:34 PM
Answer to Counterclaim filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-]
Saturday, February 02, 2019
15 15 court BNC Certificate Of Mailing - Order Sun 02/03 12:56 AM
BNC Certificate Of Mailing - Order Notice Date 02/02/2019. Related [+] (Admin.)
Related: [-] 14
Thursday, January 31, 2019
14 14 order Extend Time Thu 01/31 3:26 PM
Order Granting Motion to Extend Time Related [+] Answer and Counterclaim due by 3/3/2019. (Gurgone, Christy)
Related: [-] 13
Friday, January 25, 2019
13 13 motion Extend Time/Deadlines Fri 01/25 2:30 PM
Motion to Extend Time to File Response, filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc. Related [+]. (Osterhout, Anna)
Related: [-] ument no.11 Answer to Complaint, Counterclaim
Monday, January 14, 2019
utility Terminate Deadline (Public) Mon 01/14 11:59 AM
Deadline(s) Terminated. - Answer/Counterclaim Filed Related [+] (Gurgone, Christy)
Related: [-] ument no.9 Order on Motion to Extend Time, Order on Amended Motion/Application
Friday, January 11, 2019
12 12 misc Notice of Appearance Fri 01/11 2:40 PM
Notice of Appearance filed by Jang H. Jo on behalf of Johnson's Commercial Flooring, Inc.. (Jo, Jang)
Related: [-]
11 11 answer|cmp Answer to Complaint|Counterclaim Fri 01/11 10:20 AM
Answer to Complaint, Counterclaim by Jerry Wayne Kaelin against Johnson's Commercial Flooring, Inc. filed by William E. Brewer Jr. on behalf of Jerry Wayne Kaelin. (Brewer, William)
Related: [-]
Saturday, January 05, 2019
10 10 court BNC Certificate Of Mailing - Order Sun 01/06 1:05 AM
BNC Certificate Of Mailing - Order Notice Date 01/05/2019. Related [+] (Admin.)
Related: [-] 9
Thursday, January 03, 2019
9 9 order Amended Motion/Application Thu 01/03 2:44 PM
Order Granting Amended/Amendment to Motion/Application Related [+] Answer due by 1/11/2019. (Gurgone, Christy)
Related: [-] 8
Thursday, December 20, 2018
8 8 motion Extend Time/Deadlines Thu 12/20 4:20 PM
First Motion to Extend Time to File Answer, filed by William E. Brewer Jr. on behalf of Jerry Wayne Kaelin Related [+]. (Brewer, William)
Related: [-] ument no.6 Motion to Extend
Thursday, December 13, 2018
7 7 court Deficiency Notice - Document (AP) Thu 12/13 9:44 AM
DEFICIENCY NOTICE to William Brewer. The referenced document has been filed; however, it is deficient as follows: The motion contains incorrect information. **Incorrect year for extension date** Failure to correct the deficiencies by the date indicated may result in the court assuming you no longer desire the relief requested and entering an order denying or dismissing the requested relief. Related [+] Due by 12/26/2018. (parker, roxanne)
Related: [-] ument no.6 First Motion to Extend Time to File Answer, filed by Jerry Wayne Kaelin
Tuesday, December 11, 2018
6 6 motion Extend Time/Deadlines Tue 12/11 5:08 PM
First Motion to Extend Time to File Answer, filed by William E. Brewer Jr. on behalf of Jerry Wayne Kaelin Related [+]. (Brewer, William)
Related: [-] ument no.1 Complaint
Monday, November 19, 2018
5 5 misc Notice of Appearance Mon 11/19 4:10 PM
Notice of Appearance filed by William F. Braziel III on behalf of Jerry Wayne Kaelin. (Braziel, William)
Related: [-]
Tuesday, November 13, 2018
utility Note - CA Assignment (Public) Tue 11/13 6:11 AM
NOTE: Case manager assigned to case is Christy Gurgone (Shum-Drake, Kelly)
Related: [-]
utility Set Deadline (Private) Tue 11/13 1:07 PM
Answer due by 12/12/2018 (adi)
Related: [-]
Monday, November 12, 2018
4 4 misc Corporate Ownership Statement Mon 11/12 2:46 PM
Corporate Ownership Statement filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-]
3 3 cmp Summons Service Executed Mon 11/12 2:44 PM
Summons Service Executed on Jerry Wayne Kaelin 11/12/2018. filed by Anna B. Osterhout on behalf of Johnson's Commercial Flooring, Inc.. (Osterhout, Anna)
Related: [-]
2 2 court Summons Issued (auto) Mon 11/12 10:15 AM
Summons Issued on Jerry Wayne Kaelin Answer Due 12/12/2018 (Osterhout, Anna)
Related: [-]
1 1 cmp Complaint Mon 11/12 10:15 AM
Adversary case 18-00117 5. Complaint by Johnson's Commercial Flooring, Inc., Anna B. Osterhout against Jerry Wayne Kaelin (Fee Paid) (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Osterhout, Anna)
Related: [-]