Zeafla et al v. Stewart
Adversary Proceeding
Lead BK case is: 5:23-bk-51049
Lead BK case is: 5:23-bk-51049
| Kentucky Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Gregory R Schaaf |
| Case #: | 5:23-ap-05058 |
| Nature of Suit | 91 Bankruptcy - Declaratory judgment 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Dec 14, 2023 |
| Terminated: | Jan 24, 2025 |
| Last checked: never |
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Defendant
Kenneth Wayne Stewart
623 Burgin Main Street
Burgin, KY 40310 |
Represented By
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Plaintiff
Randall Zeafla
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Represented By
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Plaintiff
Gina DeMuro
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Represented By
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GPO
Jul 02 2024
Memorandum Opinion (RE: related document(s)11 Motion for Summary Judgment filed by Plaintiff Gina DeMuro, Plaintiff Randall Zeafla) (scd) |
| Docket last updated: 9 hours ago |
| Friday, January 24, 2025 | ||
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court
Close Adversary Proceeding
Fri 01/24 2:08 PM
Adversary Proceeding 23-5058 Closed. (rah) |
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| Wednesday, November 20, 2024 | ||
| 44 | 44
order
Dismiss Adversary Proceeding
Wed 11/20 8:36 AM
Order GRANTING Motion to Dismiss Adversary Proceeding (scd) |
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| Tuesday, November 05, 2024 | ||
| 43 | 43
motion
Dismiss Adversary Proceeding
Tue 11/05 4:32 PM
Motion to Dismiss Adversary Proceeding, filed by Gina DeMuro, Randall Zeafla. Last day to file objections: 11/19/2024. (Vaughn, Jason) |
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Att: 1
Proposed Order proposed order
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| Monday, September 23, 2024 | ||
| 42 | 42
utility
Response to Request for Admissions
Mon 09/23 5:02 PM
Response to Request for Admissions, filed by Kenneth Wayne Stewart. (Bunch, Matthew) |
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| Friday, August 23, 2024 | ||
| 41 | 41
utility
Request for Production of Documents
Fri 08/23 3:15 PM
Request for Production of Documents against Defendant. (Vaughn, Jason) |
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| 40 | 40
epo
Deficiency re Signature
Fri 08/23 2:45 PM
Deficiency - Action Required The Court having reviewed the Plaintiffs' First Set of Discovery Requests Propounded upon Defendant [ECF No. 39 ] and finding that the pleading does not meet the requirements as set forth by Fed. R. Bankr. P. 9011(a) and/or Section VI of the [LINK:Administrative Procedures Manual] , specifically: Signer on PDF does not match Certified User ECF login. It is ORDERED that said pleading may be STRICKEN from the record unless the deficiency is corrected within 7 days from the entry of this Order. /s/ Judge Gregory R. Schaaf Date due: 8/30/2024.(awd) |
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| Thursday, August 22, 2024 | ||
| 39 | 39
utility
Request for Production of Documents
Thu 08/22 12:30 PM
Request for Production of Documents against Defendant. (Fakhar, Nadiya) |
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| Tuesday, July 09, 2024 | ||
| 38 | 38
order
Trial
Tue 07/09 9:18 AM
Second Amended Order for Trial. Trial set for 12/10/2024 at 09:00 AM at Lexington Courtroom, 2nd Floor. (scd) Attorney for Plaintiff(s) |
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| Tuesday, July 02, 2024 | ||
| 37 | 37
6
pgs
order
Memorandum Opinion
Tue 07/02 11:41 AM
Memorandum Opinion (scd) |
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| Tuesday, May 28, 2024 | ||
| 36 | 36
misc
Support Brief/Memorandum
Tue 05/28 4:58 PM
Support Brief/Memorandum , filed by Kenneth Wayne Stewart . (Bunch, Matthew) |
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Att: 1
Exhjbit 1 - Default Judgment
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Att: 2
Exhibit 2 - Final Judgment
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Att: 3
Exhibit 3 - Affidavit of Photographs of Construction
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| Thursday, May 23, 2024 | ||
| 35 | 35
order
Miscellaneous Relief Motion
Thu 05/23 4:09 PM
Order OVERRULING Plaintiffs' Motion for Leave . (lmu) |
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| Tuesday, May 21, 2024 | ||
| 34 | 34
answer
Objection
Tue 05/21 5:14 PM
Objection Filed by Kenneth Wayne Stewart . (Bunch, Matthew) |
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| Friday, May 17, 2024 | ||
| 33 | 33
order
Miscellaneous Relief Motion
Fri 05/17 2:52 PM
Order Related to Plaintiffs' Motion for Leave to File a Supplemental Brief . (lmu) |
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| Monday, May 13, 2024 | ||
| 32 | 32
audio
Audio File
Fri 05/17 1:15 PM
Audio of proceeding held on July 14, 2022, in Hardin County Circuit Court, Case 21-CI-00216. PDF with attached Audio File. Court Date & Time [ 5/17/2024 10:51:51 AM ]. File Size [ 18361 KB ]. Run Time [ 01:16:30 ]. (admin). Provided to USBC by Vaughn & Smith, counsel for Plaintiffs. Modified on 5/17/2024 (rah) |
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| Friday, May 10, 2024 | ||
| 31 | 31
motion
Miscellaneous Relief
Fri 05/10 4:28 PM
Motion For Leave to File a Supplemental Brief, filed by Gina DeMuro, Randall Zeafla. Last day to file objections: 5/31/2024. (Vaughn, Jason) |
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Att: 1
Proposed Order Proposed Order
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Att: 2
Plaintiff's Supplemental Brief
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Att: 3
Plaintiff's Trial Exhibit 1
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Att: 4
Plaintiff's Trial Exhibit 2
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Att: 5
Plaintiff's Trial Exhibit 3
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Att: 6
Plaintiff's Trial Exhibit 4
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Att: 7
Plaintiff's Trial Exhibit 5
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Att: 8
Plaintiff's Trial Exhibit 6
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Att: 9
Plaintiff's Trial Exhibit 7
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| 30 | 30
notice
Notice of Filing
Fri 05/10 4:15 PM
Notice of Submission of Supplemented State Court Proceeding Filed by Gina DeMuro, Randall Zeafla . (Vaughn, Jason) Modified on 5/13/2024 (gsc) |
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| Thursday, May 02, 2024 | ||
| 29 | 29
order
Extend Time
Thu 05/02 1:26 PM
Order GRANTING Plaintiffs' Motion to Extend Time to Supplement Record . (lmu) |
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| Wednesday, May 01, 2024 | ||
| 28 | 28
motion
Extend Time
Wed 05/01 3:03 PM
Motion to Extend Time to supplement the record, filed by Gina DeMuro, Randall Zeafla (Fakhar, Nadiya) |
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Att: 1
Proposed Order Proposed order granting extension
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| Thursday, April 25, 2024 | ||
| 27 | 27
order
Continue Trial(O)
Thu 04/25 9:47 AM
Order GRANTING Plaintiff's Motion To Continue Trial and related deadlines . (lmu) |
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| Wednesday, April 24, 2024 | ||
| 26 | 26
motion
Continue Trial
Wed 04/24 11:47 AM
Motion to Continue Trial, filed by Gina DeMuro, Randall Zeafla (Fakhar, Nadiya) |
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Att: 1
Proposed Order Proposed Order
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| Friday, April 19, 2024 | ||
| 25 | 25
misc|utility
Interrogatories|Request for Production of Documents
Fri 04/19 6:17 PM
Interrogatories , filed by Kenneth Wayne Stewart, Request for Production of Documents against Plaintiffs, Randall Zeafla and Gina DeMuro. (Bunch, Matthew) |
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| Thursday, April 18, 2024 | ||
| 24 | 24
order
File (BNC)
Fri 04/19 10:38 AM
Order to Supplement Record . Document Due 5/2/2024. (lmu) |
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| 23 | 23
audio
Audio File
Thu 04/18 3:15 PM
PDF with attached Audio File. Court Date & Time [ 4/18/2024 9:21:22 AM ]. File Size [ 7356 KB ]. Run Time [ 00:30:39 ]. (admin) |
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| 22 | 22
court
Hearing Held
Thu 04/18 10:34 AM
Judge's Minutes of Hearing Held . (scd) |
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| Monday, April 15, 2024 | ||
| 21 | 21
court
Entry re Original Pleading
Mon 04/15 11:54 AM
An amended/corrected Plaintiff's Reply in Support of Motion for Summary Judgment [ECF No.20 ] having been filed in response to Order [ECF No. 19], parties are hereby notified that based upon the submission of the amended/corrected pleading, the original deficient Plaintiffs' Reply in Support of Motion for Summary Judgment [ECF No.18 ] will be deemed withdrawn unless an objection is filed within 3 working days from the date of this entry. (lmu) |
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| Friday, April 12, 2024 | ||
| 20 | 20
answer
Response/Reply
Fri 04/12 11:20 AM
Reply Filed by Gina DeMuro, Randall Zeafla . (Vaughn, Jason) |
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Att: 1
Exhibit A Kentucky SOS
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Att: 2
Exhibit B Emails
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| 19 | 19
epo
Deficiency re Signature
Fri 04/12 10:33 AM
Deficiency - Action Required The Court having reviewed the Plaintiffs' Reply in Support [ECF No. 18 ] and finding that the pleading does not meet the requirements as set forth by Fed. R. Bankr. P. 9011(a) and/or Section VI of the [LINK:Administrative Procedures Manual] , specifically: Signer on PDF does not match Certified User ECF login. It is ORDERED that said pleading may be STRICKEN from the record unless the deficiency is corrected within 7 days from the entry of this Order. /s/ Judge Gregory R. Schaaf Date due: 4/19/2024. (lmu) |
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| Thursday, April 11, 2024 | ||
| 18 | 18
answer
Response/Reply
Thu 04/11 8:18 PM
Reply Filed by Gina DeMuro, Randall Zeafla . (Fakhar, Nadiya) |
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Att: 1
Exhibit A Kentucky SOS
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Att: 2
Exhibit B Emails
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| Wednesday, April 10, 2024 | ||
| 17 | 17
misc
Proposed Order Submitted
Wed 04/10 2:11 PM
Proposed Order submitted by Matthew B Bunch on behalf of Kenneth Wayne Stewart . (Bunch, Matthew) |
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| 16 | 16
court
Defective Order
Wed 04/10 12:15 PM
Notice of Deficiency This Order is defective and the Court will not consider same until any deficiencies listed below have been corrected. Order references incorrect pleading number for Defendant's Objection. Filer must correct and refile ONLY the proposed Order using the event code Adversary - Miscellaneous - Proposed Order Submitted . (lmu) |
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| Friday, April 05, 2024 | ||
| 15 | 15
answer
Objection
Fri 04/05 2:00 PM
Objection Filed by Kenneth Wayne Stewart . (Bunch, Matthew) |
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Att: 1
Exhibit 1 State Court Complaint
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Att: 2
Exhibit 2 US Certified Mail green card receipts
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Att: 3
Exhibit 3 Nilsen Entry of Appearance
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Att: 4
Exhibit 4 Motion for Extension of Time to File Answer
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Att: 5
Exhibit 5 Answer and Counterclaim
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Att: 6
Exhibit 6 Motion for Extension of Time
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Att: 7
Exhibit 7 Plaintiffs' Motion to Compel Discovery
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Att: 8
Exhibit 8 Order Compelling Discovery
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Att: 9
Exhibit 9 Plaintiffs' Second Motion to Compel
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Att: 10
Exhibit 10 Order to Compel Discovery
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Att: 11
Exhibit 11 Nilsen's Motion to Withdraw
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Att: 12
Exhibit 12 Order Granting Motion to Withdraw
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Att: 13
Exhibit 13 Receipt of Undeliverable Mail
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Att: 14
Exhibit 14 Motion for PreTrial Disclosures and Trial Date
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Att: 15
Exhibit 15 Order for Pre-Trial Discl. and Trial Date
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Att: 16
Exhibit 16 Default Judgment Order
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Att: 17
Exhibit 17 Plaintiffs' Affidavit for Atty Fees
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Att: 18
Exhibit 18 Judgment Order
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Att: 19
Exhibit 19 Return as Undeliverable all Orders
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Att: 20
Exhibit 20 Non-wage Garnishment Orders
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Att: 21
Exhibit 21 Notice of Post-Judgment Deposition
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Att: 22
Exhibit 22 Affidavit of Ken Stewart
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Att: 23
Proposed Order
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| Thursday, April 04, 2024 | ||
| 14 | 14
answer
Objection
Thu 04/04 6:52 PM
Objection Filed by Kenneth Wayne Stewart . (Bunch, Matthew) |
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Att: 1
Exhibit
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Att: 2
Exhibit
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Att: 3
Exhibit
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Att: 4
Exhibit
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Att: 5
Exhibit
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Att: 6
Exhibit
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Att: 7
Exhibit
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Att: 8
Exhibit
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Att: 9
Exhibit
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Att: 10
Exhibit
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Att: 11
Exhibit
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Att: 12
Exhibit
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Att: 13
Exhibit
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Att: 14
Exhibit
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Att: 15
Exhibit
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Att: 16
Exhibit
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Att: 17
Exhibit
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Att: 18
Exhibit
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Att: 19
Exhibit
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Att: 20
Exhibit
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Att: 21
Exhibit
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Att: 22
Exhibit
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Att: 23
Proposed Order
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| Wednesday, March 20, 2024 | ||
| 13 | 13
notice
Notice of Appearance and Request for Notice
Wed 03/20 10:14 AM
Notice of Appearance and Request for Notice by Nadiya Fakhar Filed by on behalf of Gina DeMuro, Randall Zeafla. (Fakhar, Nadiya) |
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| Wednesday, March 13, 2024 | ||
| 12 | 12
order
Scheduling Summary Judgment Hearing
Wed 03/13 3:08 PM
Order Scheduling Hearing on Motion for Summary Judgment . Summary Judgment hearing scheduled for 4/18/2024 at 09:00 AM at Lexington Courtroom, 2nd Floor. (lmu) |
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| Tuesday, March 12, 2024 | ||
| 11 | 11
motion
Summary Judgment
Tue 03/12 1:33 PM
Motion For Summary Judgment, filed by Randall Zeafla (Vaughn, Jason) |
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Att: 1
Exhibit Exhibit A Complaint
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Att: 2
Exhibit Exhibit B Answer
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Att: 3
Exhibit Exhibit C Discovery
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Att: 4
Exhibit Exhibit D Admissions
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Att: 5
Exhibit Exhibit E Discovery Responses
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Att: 6
Exhibit Exhibit F Order compelling
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Att: 7
Exhibit Exhibit G Second Order compelling
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Att: 8
Exhibit Exhibit H Order withdrawing
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Att: 9
Exhibit Exhibit I Default Judgment
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Att: 10
Exhibit Exhibit J Judgment Order
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Att: 11
Exhibit Exhibit K Hardin
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Att: 12
Exhibit Exhibit L Garrard
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Att: 13
Exhibit Exhibit M Mercer
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Att: 14
Proposed Order Proposed Order
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| Monday, March 11, 2024 | ||
| 10 | 10
order
Trial
Mon 03/11 4:50 PM
Amended Order for Trial. Trial set for 7/9/2024 at 09:00 AM at Lexington Courtroom, 2nd Floor. (lmu) Attorney for Plaintiff(s) |
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| Thursday, February 22, 2024 | ||
| 9 | 9
order
Continue Trial(O)
Thu 02/22 2:36 PM
Order GRANTING Defendant's Motion to Continue Trial and Related Deadlines . (lmu) |
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| Wednesday, February 21, 2024 | ||
| 8 | 8
motion
Continue Trial
Wed 02/21 4:35 PM
Motion to Continue Trial and Related Deadlines, filed by Kenneth Wayne Stewart (Bunch, Matthew) |
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Att: 1
Proposed Order
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| Monday, January 15, 2024 | ||
| 7 | 7
answer
Answer to Complaint
Mon 01/15 7:22 PM
Answer to Complaint Filed by Kenneth Wayne Stewart . (Bunch, Matthew) |
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| Wednesday, January 10, 2024 | ||
| 6 | 6
court
Summons Service Executed
Wed 01/10 10:35 AM
Summons Service Executed. (Vaughn, Jason) |
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| Friday, December 22, 2023 | ||
| 5 | 5
order
Trial
Fri 12/22 5:21 PM
Order for Trial. Trial set for 4/23/2024 at 09:00 AM at Lexington Courtroom, 2nd Floor. (gsc) Attorney for Plaintiff(s) |
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| Friday, December 15, 2023 | ||
| 4 | 4
notice
Notice
Fri 12/15 4:11 PM
Notice of Notice of Consent Filed by Gina DeMuro, Randall Zeafla.(Vaughn, Jason) |
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Att: 1
Exhibit Complaint with Consent
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| 3 | 3
court
Summons Issued (Court Staff only)
Fri 12/15 12:13 PM
Summons Issued to Plaintiff for Service. (awd) |
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| 2 | 2
epo
File Statement re Consent
Fri 12/15 12:04 PM
Deficiency - Action Required Pursuant to Bankruptcy Rules 7008 and 9027(a) of the Federal Rules of Bankruptcy Procedure, a complaint, counterclaim, cross-claim, third-party complaint and notice of removal shall contain a statement that the party does or does not consent to entry of final orders or judgment by the bankruptcy court. It appearing to the Court that the Complaint, [ECF No. 1 ], do(es) not contain such a statement, It is ORDERED that, within 7 days from the entry of this Order, Jason Vaughn shall file a notice regarding consent in conformity with the above-mentioned rule(s). /s/ Judge Gregory R. Schaaf Date due: 12/22/2023.(awd) |
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| Thursday, December 14, 2023 | ||
| 1 | 1
cmp
Complaint
Thu 12/14 4:14 PM
Adversary case 23-05058 Complaint, filed by Randall Zeafla, Gina DeMuro against Kenneth Wayne Stewart Fee Amount 350. (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(91 (Declaratory judgment)) (Vaughn, Jason) |
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Att: 1
Exhibit EXHIBIT A VERIFIED COMPLAINT
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Att: 2
Exhibit EXHIBIT B JUDGMENT
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Att: 3
Exhibit EXHIBIT C HARDIN COUNTY
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Att: 4
Exhibit EXHIBIT D GARRARD COUNTY
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Att: 5
Exhibit EXHIBIT E MERCER COUNTY
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