Nov
21
2007
Workman v. GMAC Mortg. LLC (In re Workman)
Plaintiff debtors commenced this adversary seeking to hold defendant, the holder of the first mortgage on their principal residence, in civil contempt. Debtors sought damages for the mortgage holder's actions and requested that the court fashion a fair and equitable remedy pursuant to 11 U.S.C. § 105 to prevent further harm to debtors. A default judgment was entered against the mortgage holder. Pending was a damages hearing.
Ruling:
Debtors entitled to punitive damages due to creditor's failure to credit predischarge payments and unauthorized fees.
ABI Membership is required to access the full summary of Workman v. GMAC Mortg. LLC (In re Workman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 21,2007, LexisNexis #1207-095
Nov
08
2007
In re Washington
The debtors filed a motion to vacate an order dismissing a chapter 13 bankruptcy case and reinstate the case, pursuant to Fed. R. Bankr. P. 9023 and 11 U.S.C. § 105.
Ruling:
Bankruptcy court refused to vacate dismissal of chapter 13 case for nonpayment.
ABI Membership is required to access the full summary of In re Washington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-106
Nov
02
2007
Billing Res. v. FTC (In re Billing Res.)
A chapter 11 debtor sought a court order pursuant to 11 U.S.C. § 105 to enjoin the Federal Trade Commission ("FTC") from prosecuting the enforcement aspect of an action pending in federal district court in Florida (Enforcement Action), to enjoin a receiver appointed by the district court from implementing or enforcing an omnibus order entered in the district court action, and to unblock funds currently held by the debtor in a blocked account.
Ruling:
FTC enforcement action that would harm reorganization stayed through date certain.
ABI Membership is required to access the full summary of Billing Res. v. FTC (In re Billing Res.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 02,2007, LexisNexis #1207-036
Oct
26
2007
In re Derivium Capital LLC
The matter came before the court upon the chapter 7 trustee's notice and application for sale of property free and clear of liens and settlement of claims in connection therewith (application). Several parties referred to by the court as "active creditors" filed an objection to the application, with which four other "active creditors" joined.
Ruling:
Settlement including mandatory release of creditors' claims against non-debtor third parties was not in best interests of the estate and could not be approved.
ABI Membership is required to access the full summary of In re Derivium Capital LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-063
Sep
07
2007
DiFerrante v. Young (In re Young)
A judgment creditor of chapter 7 debtors objected to the debtors'claimed homestead exemption. The debtor husband sought to dismiss his bankruptcy case and the debtor wife sought to vacate her discharge and dismiss her case.
Ruling:
Debtors'cases voluntarily dismissed but with bar on refiling without court order.
ABI Membership is required to access the full summary of DiFerrante v. Young (In re Young). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 07,2007, LexisNexis #1007-071
Aug
01
2007
In re Engram
A debtor filed a petition under chapter 13, and the case was subsequently converted to one under chapter 7. A bankruptcy trustee was appointed, and he sought approval of an agreement the debtor entered to settle a state court action he filed against his brother. After the court approved the agreement, the trustee filed a motion to set aside the agreement and for sanctions against the brother's attorney.
Ruling:
Debtor's brother's attorney sanctioned for failure to turn over funds to trustee as required by settlement.
ABI Membership is required to access the full summary of In re Engram. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jul
25
2007
In re Novello
Before the court was the United States'Motion to Dismiss pursuant to 11 U.S.C. §§ 1307(e) and 1308. The IRS sought dismissal for debtor's failure to file prepetition tax returns. Debtor responded that all prepetition tax returns had now been filed and moved the court either to ratify the filing of the untimely tax returns or, in the alternative, reopen the 11 U.S.C. § 341 meeting of creditors.
Ruling:
Relief granted, in the form of reopened 341 meeting, to otherwise compliant debtor who failed to request adequate time to file tax returns.
ABI Membership is required to access the full summary of In re Novello. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jul
19
2007
Rice v. Johnson (In re Johnson)
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtors. Pending decision was the remaining issue before the court: whether certain private school tuition payments made prior to debtors'bankruptcy was property of debtors'estate and whether the trustee waited too long to file his complaint with respect to those tuition payments. Also pending was the trustee's amended motion to compel and debtors'motion in limine.
Ruling:
Debtors were liable to estate for failing to obtain available refund of prepetition private school tuition payments.
ABI Membership is required to access the full summary of Rice v. Johnson (In re Johnson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jun
20
2007
Scrivner v. Mashburn (In re Scrivner)
Appellant debtors challenged an order of the Bankruptcy Court for the Western District of Oklahoma authorizing appellee trustee to "surcharge" their exempt assets to collect the value of property of the estate not turned over pursuant to an earlier court order.
Ruling:
Bankruptcy court did not abuse discretion in authorizing trustee to surcharge exempt property where debtor failed to obey order to turn over non-exempt property.
ABI Membership is required to access the full summary of Scrivner v. Mashburn (In re Scrivner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
May
25
2007
Highway 54 Prop. LLC v. Manigault (In re Manigault)
Movant, a landlord, sought relief from the automatic stay or, in the alternative, an order dismissing debtor's chapter 13 petition pursuant to 11 U.S.C. §§ 105, 109(g) and 349(a). Though debtor was served with notice of the motion and a related hearing, she did not appear in opposition thereto.
Ruling:
Debtor's ninth case dismissed with prejudice with five year filing bar due to abuse of system.
ABI Membership is required to access the full summary of Highway 54 Prop. LLC v. Manigault (In re Manigault). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Pages
