Old Canal Financial Corp. v. Sarsenstone Corp.

OPINION AFFIRMING THE BANKRUPTCY COURT’S 2015 ORDER

Before the Court is a consolidated bankruptcy appeal from the United States Bankruptcy Court (the Honorable Theodor C. Albert, United States Bankruptcy Judge) (the “Bankruptcy Court”). Appellants Michael W. Griffith, Foreclosure Consultants, Inc., and Thomas W. Hood appeal from the Bankruptcy Court’s Order Clarifying and Providing Instruction with Respect to the Order Dated November 5, 2009, issued on August 6, 2015 (the “2015 Order”). (Excerpts of Record (“ER”) 001991-2001). Appellee Sarsenstone Corporation (“Sarsenstone”), which is also referenced as Respondent, was the Chapter 7 Trustee’s Liquidation Agent in the bankruptcy proceedings.

' Appellants Griffith and FCI filed their Appellants’ Opening Brief on November 7, 2015. (Docket No. 20). Appellee Sarsen-stone filed its Appellee’s Reply Brief on December 12, 2015 (Docket No. 22), to which Appellants filed their Appellants’ Reply Brief on January 12, 2016 (Docket No. 23). Appellant Hood filed a Joinder in both Griffith and FCI’s Opening and Reply Briefs. (Docket Nos. 18,24).

The Court has reviewed the papers filed on this appeal and held a hearing on March 28, 2016.

For…