Jarman v. Gulfinance LLC (Joint Assign)

Filing 16

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 8/20/2015. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN WAYNE JARMAN,

)
)
)
)
)
)
)
)
)

Appellant,
v.
GULFINANCE LLC,
Appellee.

CIVIL ACTION NO.
2:14cv1133-MHT
(WO)

OPINION
Appellant
bankruptcy,
appellee

John

brought

Gulfinance,

Wayne
an

Jarman,

adversary

LLC,

an

a

proceeding

insurance

United States bankruptcy court.

debtor

in

against

company,

in

Gulfinance filed a

motion to dismiss Jarman’s first amended complaint, and
the bankruptcy court granted the motion.

This cause is

now before the court on appeal, and jurisdiction has
been properly invoked pursuant to 28 U.S.C. § 158(a).
After an independent and de novo review of the record
and for the reasons set forth by the bankruptcy court,
this

district

court

affirms

the

decision

of

the

bankruptcy court dismissing the adversary proceeding.

However,
undisputed
identifies
short,

as

this
that

court
the

appellant’s
a

result,

adds

this

comment.

finance

agreement

wife

“the

as

whether

It

at

issue

borrower.”

appellant’s

is

wife

In
is

independently liable was a colorable state-court matter
not

subject

to

stay

by

appellant’s

bankruptcy

proceeding, nor litigable in any way in the bankruptcy
court.
An appropriate judgment will be entered.
DONE, this the 20th day of August, 2015.
_ _/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE