This case was last updated from PACER on 02/28/2020 at 08:18:06 (UTC).

Layman et al v. Tennessee State Bank (JRG3)

Case Summary

On 12/30/2019 Layman filed a Bankruptcy - Other Bankruptcy lawsuit against Tennessee State Bank JRG3. This case was filed in U.S. District Courts, Tennessee Eastern District. The Judges overseeing this case are Cynthia R Wyrick and J Ronnie Greer. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00233

  • Filing Date:

    12/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Bankruptcy - Other Bankruptcy

Judge Details

Referral Judge

Cynthia R Wyrick

Presiding Judge

J Ronnie Greer

 

Party Details

In Re and Appellants

Donna Kay Layman

Gregory Mitchell Layman

Appellee

Tennessee State Bank

Interested Party

Marcia Parsons

Attorney/Law Firm Details

In Re and Appellant Attorney

Mark S Dessauer

Attorney at Hunter, Smith & Davis - Kingsport

1212 N. Eastman Road, P O Box 3740

Kingsport, TN 37664

Appellee Attorneys

Maurice K Guinn

Attorney at Gentry, Tipton & McLemore, PC

900 South Gay Street, Suite 2300

Knoxville, TN 37902

E Jerome Melson

Attorney at Gentry, Tipton & McLemore, PC

900 South Gay Street, Suite 2300

Knoxville, TN 37902

Tyler C Huskey

Attorney at Gentry, Tipton, Kizer & McLemore, PC

P O Box 1990

Knoxville, TN 37901-1990

Interested Party Attorney

Appeal Parsons

 

Court Documents

#18

(#18) ORDER granting #6 Motion to Stay. For the above stated reasons, the Laymans' Motion for Emergency Stay Pending Appeal, [Doc. 6], is GRANTED. The Laymans are ORDERED to post a $66,493.80 appeal bond within 30 days of the entry of this Order. If the bond is not posted, the stay will be automatically lifted. See Order for details. Signed by District Judge J Ronnie Greer on 02/27/2020. (CAT) (Entered: 02/27/2020)

#17

DOCUMENT UNAVAILABLE

#16

(#16) ORDER granting #14 Motion for Extension of Time to File. This matter is before the Court on Appellants' Motion for Extension of Time to File Brief of Appellants. [Doc. 14]. The Motion is GRANTED. The deadline for Appellants to file a brief is extended to March 20, 2020. Signed by District Judge J Ronnie Greer on 02/13/2020. (CAT) (Entered: 02/13/2020)

#15

(#15) Minute Entry for proceedings held before District Judge J Ronnie Greer: Motion Hearing held on 2/11/2020 re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Donna Kay Layman, Gregory Mitchell Layman. Oral arguments made. Taken under advisement. ORDER TO ENTER.(Court Reporter Karen Bradley) (KSH) (Entered: 02/11/2020)

#14

(#14) MOTION for Extension of Time to File Brief of Appellants by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 02/06/2020)

#13

(#13) ORDER Setting Hearing on Motion #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL : After reviewing the Parties' filings and memoranda of law, the Court has determined that a hearing is necessary to fully adjudicate this issue. Therefore, Appellants Motion for Hearing, [Doc. 8], is GRANTED. The hearing will be held on Tuesday, February 11, 2020, at 1:30 p.m. The foreclosure sale of Appellants' property is temporarily STAYED pending the resolution of their emergency Motion to Stay, [Doc. 6]. Signed by District Judge J Ronnie Greer on 02/04/2020. (CAT) (Entered: 02/04/2020)

#12

(#12) RESPONSE to Motion re #8 Emergency MOTION for Hearing re #7 Memorandum in Support of Motion, #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

#11

(#11) MEMORANDUM in Support of Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

#10

(#10) RESPONSE to Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

#9

(#9) ORDER: This matter is before the Court on Appellants' Emergency Motion to Stay, [Doc. 6], and Motion for Hearing, [Doc. 8]. Appellee Tennessee State Bank is ORDERED to file a response to the Motions by Monday, February 3rd, 2020, at 3:00 p.m. Signed by District Judge J Ronnie Greer on 01/31/2020. (CAT) (Entered: 01/31/2020)

#8

(#8) Emergency MOTION for Hearing re #7 Memorandum in Support of Motion, #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 01/31/2020)

#7

(#7) MEMORANDUM in Support of Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 01/31/2020)

6 #1

Exhibit

#6

(#6) Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL by Donna Kay Layman, Gregory Mitchell Layman. (Attachments: #1 Exhibit)(Dessauer, Mark) (Entered: 01/31/2020)

#5

RESTRICTED

#4

RESTRICTED

3 #53

Exhibit 35 Laymans Income Projections in Second Case

3 #11

Other 2:19-bk-50405 - Doc 59

70 More Documents Available

 

Docket Entries

  • 02/27/2020
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  • Docket(#18) ORDER granting #6 Motion to Stay. For the above stated reasons, the Laymans' Motion for Emergency Stay Pending Appeal, [Doc. 6], is GRANTED. The Laymans are ORDERED to post a $66,493.80 appeal bond within 30 days of the entry of this Order. If the bond is not posted, the stay will be automatically lifted. See Order for details. Signed by District Judge J Ronnie Greer on 02/27/2020. (CAT) (Entered: 02/27/2020)

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  • 02/14/2020
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  • Docket(#17) COURT REPORTER NOTES OF PROCEEDINGS filed by Karen Bradley of Motion Hearing before Judge Greer on February 11, 2020. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Greer on February 11, 2020. By s/ Karen Bradley. (Court Reporter Notes are viewable by court staff only). (KJB) (Entered: 02/14/2020)

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  • 02/13/2020
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  • Docket(#16) ORDER granting #14 Motion for Extension of Time to File. This matter is before the Court on Appellants' Motion for Extension of Time to File Brief of Appellants. [Doc. 14]. The Motion is GRANTED. The deadline for Appellants to file a brief is extended to March 20, 2020. Signed by District Judge J Ronnie Greer on 02/13/2020. (CAT) (Entered: 02/13/2020)

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  • 02/11/2020
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  • Docket(#15) Minute Entry for proceedings held before District Judge J Ronnie Greer: Motion Hearing held on 2/11/2020 re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Donna Kay Layman, Gregory Mitchell Layman. Oral arguments made. Taken under advisement. ORDER TO ENTER.(Court Reporter Karen Bradley) (KSH) (Entered: 02/11/2020)

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  • 02/06/2020
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  • Docket(#14) MOTION for Extension of Time to File Brief of Appellants by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 02/06/2020)

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  • 02/04/2020
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  • Docket(#13) ORDER Setting Hearing on Motion #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL : After reviewing the Parties' filings and memoranda of law, the Court has determined that a hearing is necessary to fully adjudicate this issue. Therefore, Appellants Motion for Hearing, [Doc. 8], is GRANTED. The hearing will be held on Tuesday, February 11, 2020, at 1:30 p.m. The foreclosure sale of Appellants' property is temporarily STAYED pending the resolution of their emergency Motion to Stay, [Doc. 6]. Signed by District Judge J Ronnie Greer on 02/04/2020. (CAT) (Entered: 02/04/2020)

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  • 02/03/2020
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  • Docket(#12) RESPONSE to Motion re #8 Emergency MOTION for Hearing re #7 Memorandum in Support of Motion, #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

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  • 02/03/2020
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  • Docket(#11) MEMORANDUM in Support of Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

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  • 02/03/2020
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  • Docket(#10) RESPONSE to Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Tennessee State Bank. (Melson, E) (Entered: 02/03/2020)

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  • 01/31/2020
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  • Docket(#9) ORDER: This matter is before the Court on Appellants' Emergency Motion to Stay, [Doc. 6], and Motion for Hearing, [Doc. 8]. Appellee Tennessee State Bank is ORDERED to file a response to the Motions by Monday, February 3rd, 2020, at 3:00 p.m. Signed by District Judge J Ronnie Greer on 01/31/2020. (CAT) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#8) Emergency MOTION for Hearing re #7 Memorandum in Support of Motion, #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#7) MEMORANDUM in Support of Motion re #6 Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL filed by Donna Kay Layman, Gregory Mitchell Layman. (Dessauer, Mark) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#6) Emergency MOTION to Stay MOTION FOR EMERGENCY STAY PENDING APPEAL by Donna Kay Layman, Gregory Mitchell Layman. (Attachments: #1 Exhibit)(Dessauer, Mark) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#5) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 3, 2019, before Judge Honorable Marcia Phillips Parsons, Chief United States Bankruptcy Judge and filed in 2:19-bk-50405 as Doc. 131. Court Reporter/Transcriber Janice Russell. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/13/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/22/2020. (AMP) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#4) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 2, 2019, before Judge Honorable Marcia Phillips Parsons, Chief United States Bankruptcy Judge and filed in 2:19-bk-50405 as Doc. 130. Court Reporter/Transcriber Janice Russell. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/13/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/22/2020. (AMP) (Entered: 01/31/2020)

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  • 01/31/2020
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  • Docket(#3) Transmission of Bankruptcy Appeal Record re #1 Bankruptcy Appeal. (Attachments: #1 Other 2:19-bk-50405 - Doc 1, #2 Other 2:19-bk-50405 - Doc 34, #3 Other 2:19-bk-50405 - Doc 35, #4 Other 2:19-bk-50405 - Doc 36, #5 Other 2:19-bk-50405 - Doc 37, #6 Other 2:19-bk-50405 - Doc 38, #7 Other 2:19-bk-50405 - Doc 39, #8 Other 2:19-bk-50405 - Doc 40, #9 Other 2:19-bk-50405 - Doc 42, #10 Other 2:19-bk-50405 - Doc 44, #11 Other 2:19-bk-50405 - Doc 59, #12 Other 2:19-bk-50405 - Doc 69, #13 Other 2:19-bk-50405 - Doc 78, #14 Other 2:19-bk-50405 - Doc 84, #15 Other 2:19-bk-50405 - Doc 106, #16 Other 2:19-bk-50405 - Doc 107, #17 Other 2:19-bk-50405 - Doc 109, #18 Other 2:19-bk-50405 - Doc 116, #19 Other 2:19-bk-50405 - Doc 117, #20 Other 2:19-bk-50405 - Doc 120, #21 Other 2:19-bk-50405 - Doc 41, #22 Other 2:19-bk-50405 - Doc 71, #23 Other 2:19-bk-50405 - Doc 83, (The following exhibits were introduced at trial on October 2 and 3, 2019)#24 Exhibit 1 Agreed Order Confirming Fourth Amended Plan filed February 26 2016, #25 Exhibit 2 Debtors Motion to Administratively Close Individual Chapter 11 Case filed September 21 2016, #26 Exhibit 3 Order filed October 11 2016, #27 Exhibit 4 Motion to Reopen filed October 23 2018, #28 Exhibit 5 Withdrawal of Motion to Reopen filed November 16 2018, #29 Exhibit 7 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated May 18 2016, #30 Exhibit 8 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated Oct 5 2016, #31 Exhibit 9 Email from Shelly Spurgeon to Mr. and Mrs. Layman dated December 8 2016, #32 Exhibit 10 Letter from Shelly Spurgeon to Mr. and Mrs. Layman dated March 8 2017, #33 Exhibit 11 Email from Shelly Spurgeon to Gregory Layman dated April 27 2017, #34 Exhibit 12 Email from Shelly Spurgeon to Mr. and Mrs. Layman dated May 31 2017, #35 Exhibit 13 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated June 16 2017, #36 Exhibit 14 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated June 20 2017, #37 Exhibit 15 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated December 8 2017, #38 Exhibit 17 Email from Shelly Spurgeon to Mr. and Mrs. Layman dated February 8 2018, #39 Exhibit 18 Letter by email from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman dated February 14 2018, #40 Exhibit 19 Email Exchanges between Gregory Layman and Shelly Spurgeon all dated February 16 2018, #41 Exhibit 21 Letter from Shelly Spurgeon to Gregory M. Layman and Donna K. Layman by email and certified mail dated February 20 2018, #42 Exhibit 22 Chart of Laymans Income 2014 2017, #43 Exhibit 23 Email from Lee Lewis to Mr. and Mrs. Layman dated May 30 2018, #44 Exhibit 24 Letter from Lee Lewis to Gregory M. Layman and Donna K. Layman dated August 21 2018, #45 Exhibit 25 Email from Lee Lewis to Mr. and Mrs. Layman dated September 7 2018, #46 Exhibit 26 Letter from Lee Lewis to Gregory M. Layman and Donna K. Layman dated September 14 2018, #47 Exhibit 27 Email Exchange between Lee Lewis and Gregory Layman dated November 1 and 6 2018, #48 Exhibit 28 Email Exchange between Lee Lewis and Greg Layman dated December 3 and 4 2018, #49 Exhibit 30 Email from Gregory Layman to Lee Lewis dated January 18 2019, #50 Exhibit 32 Email from Greg Layman to Tyler Huskey dated January 30 2019, #51 Exhibit 33 Responses To Interrogatories dated September 16 2019, #52 Exhibit 34 Laymans Income Projections in First Case, #53 Exhibit 35 Laymans Income Projections in Second Case, #54 Exhibit 36 Amendments To Schedules (Doc 59) filed April 10 2019, #55 Exhibit 54 USDA Letter dated December 19 2018, #56 Exhibit 70 Shelly Spurgeon email to Gregory Layman dated February 20 2018, #57 Other 2:19-bk-50405 - Doc 125, #58 Other 2:19-bk-50405 - Doc 129, #59 Other 2:19-bk-50405 - Doc 128, #60 Other 2:19-bk-50405 - Doc 132, #61 Other 2:19-bk-50405 - Doc 135)(AMP) (Entered: 01/31/2020)

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  • 12/30/2019
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  • Docket(#2) NOTICE from USDC to all counsel regarding Bankruptcy Rule 8018(a) briefing re #1 Bankruptcy Appeal. (AMP) (Entered: 12/30/2019)

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  • 12/30/2019
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  • Docket(#1) Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 2:19-bk-50405-MPP, filed by Gregory Mitchell Layman and Donna Kay Layman. Appeal Record due by 2/13/2020. (AMP) (Entered: 12/30/2019)

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