In re Bryant (20-70789)

Movant, Regions Bank, filed a motion for adequate protection or, in the alternative, relief from the stay. The Trustee objected. The Trustee presented evidence that the Movant’s financing statements, which listed Debtor’s name with the Debtor’s middle initial not the Debtor’s full name as listed on his driver’s license, were seriously misleading. The Court found the Trustee’s evidence persuasive and denied the motion. The Court also addressed the Movant’s unpersuasive arguments that the Trustee’s objections were barred by res judicata and judicial estoppel and that the Debtor filed his plan in bad faith.

Monday, June 7, 2021