Judge Jacobvitz

Wright v. Vanderbilt Mortg. & Fin. Inc.

Plaintiff debtor filed an amended adversary complaint against defendants, her mortgage lender, its law firm, and related parties for, among other claims, willful violation of the automatic stay. The debtor had not scheduled any of her prepetition causes of action anywhere in her bankruptcy papers. The defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Debtor lacked standing to pursue previously unscheduled prepetition cause of action.
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Consumer case opionion summary, case decided on October 30,2009, LexisNexis #1209-065

In re Integrated Tech. Solutions Inc.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a creditor filed a claim against the debtor's bankruptcy estate in the amount of $ 198,464. The debtor filed an objection to the creditor's claim.
Ruling: 
Claim allowed in reduced amount where judgment for larger sum was obtained in violation of stay.
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Commercial case opionion summary, case decided on September 17,2009, LexisNexis #1109-004

In re Melendez Concrete Inc.

This matter came before the court on a creditor bank's motion to dismiss or convert debtor's chapter 11 case to chapter 7 under 11 U.S.C.S. § 1112(b).
Ruling: 
Motion to dismiss or convert chapter 11 case for cause denied provided debtor rectified failure to comply with filing requirements and obtain insurance.
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Commercial case opionion summary, case decided on September 15,2009, LexisNexis #1009-094

Unencumbered Assets Trust v. Hampton-Stein (In re Natl Century Fin. Enters.)

Plaintiff trustee of debtor's unencumbered assets trust and others, filed a motion pursuant to Fed. R. Civ. P. 65, as made applicable by Fed. R. Bankr. 7065; 11 U.S.C.S. § 105(a); and the All Writs Act to issue a temporary restraining order and preliminary injunction enjoining defendant from pursuing a second lawsuit in a state court, alleging, among other things, that defendant violated the Barton Doctrine by filing both the second state court action and a prior lawsuit.
Ruling: 
Injunction issued to bar state court lawsuits against trustee for actions taken entirely postpetition.
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Commercial case opionion summary, case decided on July 07,2009, LexisNexis #0809-064

In re Crews

The debtors, a husband and wife, moved for the turnover to them of postpetition chapter 13 funds they earned, following the conversion of the husband's case to a chapter 7, and the dismissal of the wife's case. The issue was whether postpetition wages paid into a chapter 13 case, in which a plan was never confirmed, remained property of the debtor's estate under 11 U.S.C. § 1306, or became property of the debtors under 11 U.S.C. § 348(f).
Ruling: 
Postpetition wages paid to chapter 13 trustee in case where plan was never confirmed became property of the debtors.
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Olsen v. Gonzales

Defendants, the U.S. Attorney General and the U.S. Trustee, filed a Fed. R. Civ. P. 12(b)(1) motion to dismiss an action in which plaintiff attorneys challenged 11 U.S.C. §§ 526(a)(1), 526(a)(4), 527 and 528 of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") as violative of the First Amendment and 11 U.S.C. §§ 526-528 as too vague in violation of the Fifth Amendment's Due Process Clause.
Ruling: 
BAPCPA provisions regarding debt relief agencies did not violate First Amendment.
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In re Martinez-Held

A trustee filed an ore tenus motion, pursuant to 11 U.S.C. § 707(a), to condition the voluntary dismissal of a debtor's chapter 7 bankruptcy petition on the payment of the trustee's attorneys'fees.
Ruling: 
Bankruptcy court refused to condition voluntary dismissal in case with few assets on payment of trustee's attorneys'fees.
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