Skip to main content

Page Banner(Taxonomy)

judge jackson

In re Anthony

Ruling
Objection to lien claim dismissed without prejudice for not having been brought as an adversary proceeding.
Issue(s)
Should debtor's objection to mortgage creditor's proof of claim on enforceability grounds be sustained?

ABI Membership is required to access the full summary of In re Anthony Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 20, 2015 , LexisNexis #0815-138

Henkel v. The Brothers Mill Ltd. (In re Eddy)

Ruling
Limited partnership interest that debtor transferred to irrevocable trust was not property of the estate and not subject to turnover.
Issue(s)
Was limited partnership interest that debtor transferred to irrevocable trust subject to turnover?

ABI Membership is required to access the full summary of Henkel v. The Brothers Mill Ltd. (In re Eddy) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 03, 2015 , LexisNexis #0415-125

Laboon v. Goldberg (In re Goldberg)

Ruling
Judgment debt was nondischargeable due to creditor's reliance on debtor's false representation that creditor would receive half of the profits of a joint venture.
Issue(s)
Whether creditor justifiably relied on the debtor's misrepresentations that creditor would receive one half of the profits of a joint venture so as to make the subsequent judgment debt nondischargeable.

ABI Membership is required to access the full summary of Laboon v. Goldberg (In re Goldberg) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 05, 2015 , LexisNexis #0615-088

Grillo v. JPMorgan Chase & Co.

Ruling
Discharged debtor lacked standing to pursue unscheduled claims against lender, which remained property of the estate.
Issue(s)
Should debtor's case against lender based on loan modification be dismissed due to failure to list the claim in its bankruptcy schedules?

ABI Membership is required to access the full summary of Grillo v. JPMorgan Chase & Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 30, 2014 , LexisNexis #0614-125

In re Market Ctr. E. Retail Prop.

Ruling
Attorneys' contingency fee for sale of debtor's shopping center based on agreement not approved by bankruptcy court was excessive and ordered reduced.
Issue(s)
Was debtor's attorney entitled to contingency fee for sale of shopping center where the fee agreement had not been approved by the bankruptcy court?

ABI Membership is required to access the full summary of In re Market Ctr. E. Retail Prop. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 10, 2014 , LexisNexis #0514-039

In re Cook

Ruling
Debtor not entitled to waiver of filing fee for motion to withdraw reference.
Procedural posture

Before the court was debtor's Motion Contesting Additional Payment and its supplemental Errata, Corrections, etc. Among other related matters, a bank filed a response which was essentially an objection, and two other creditors filed Joinders in the Motion.

ABI Membership is required to access the full summary of In re Cook Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 22, 2013 , LexisNexis #0713-068

In re Eddins

Ruling
NADA retail value was appropriate "replacement value" for motor vehicles post-BAPCPA.
Procedural posture

Debtors filed a voluntary chapter 13 petition that listed in their schedules two motor vehicles, a Durango and a Sebring, both of which were subject to liens of a creditor. Debtors submitted a plan and moved the court to determine values of the motor vehicles. The creditor filed an objection to confirmation of debtor's plan and their motion, challenging the proposed treatment of its secured claims.

ABI Membership is required to access the full summary of In re Eddins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on October 17, 2006 , LexisNexis #0107-112

In re Bingham

Ruling
Motion to avoid lien was denied since attorney's statutory charging lien related to prepetition divorce was perfected prefiling.
Procedural posture

The attorney who represented the debtor in a prepetition divorce action filed a motion to lift the automatic stay. The debtor moved to avoid the attorney's lien.

ABI Membership is required to access the full summary of In re Bingham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 22, 2006 , LexisNexis #0806-024

In re Carter

Ruling
Trustee's objection to debtors'claimed exemption in vehicle and request for turnover were granted since debtor had granted bank lien and trustee had avoided that lien.
Procedural posture

A bankruptcy trustee avoided a bank's lien against bankruptcy debtors'vehicle as a preferential transfer since the bank failed to perfect the lien timely. The trustee objected to the debtors'claimed exemption in the vehicle pursuant to 11 U.S.C. § 522(g)(1), requested turnover of the vehicle.

ABI Membership is required to access the full summary of In re Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 09, 2006 , LexisNexis #0706-017