- 11 U.S.C.
In re Covel
Jul
03
2012
Ruling
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
Procedural posture
Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
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Court
:
- 11 U.S.C.
Samson v. Western Capital Partners LLC (In re Blixseth)
Jun
21
2012
Ruling
Stay terminated as to all personal property securing creditor's claim, not just scheduled property, where debtor failed to file a statement of intention.
Procedural posture
Appellant, the trustee in a chapter 7 case, filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362 against appellee creditor. The bankruptcy court denied the motion, and the United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Beard
Mar
14
2012
Ruling
Repossession did not violate stay where debtor failed to timely specify intention to reaffirm on original contract terms.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor alleging that its repossession of her vehicle violated the automatic stay under 11 U.S.C.S. § 362(a). The debtor requested sanctions for damages incurred and an order directing the creditor to return the vehicle. The creditor alleged that the debtor's motion was filed in violation of Fed. R. Bankr. P. 9011 and requested reimbursement of its reasonable attorney's fees.
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Court
:
- 11 U.S.C.
In re Gentry
Nov
15
2011
Ruling
Statement of intention to surrender property did not prevent debtor from claiming exemption.
Procedural posture
A chapter 7 trustee objected to a debtor's amended claim of homestead exemption under Fla. Const. art. X, § 4(a)(1) on the grounds that the debtor, having indicated his intent to surrender the property on the petition date, was not eligible for the exemption on that date.
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Court
:
- 11 U.S.C.
In re Herrera
Jul
08
2011
Ruling
Stay terminated with respect to debtor's vehicle due to failure to timely perform indentation.
Procedural posture
This matter came before the court on a creditor's motion for relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay and debtor's cross-motion to redeem a motor vehicle under 11 U.S.C.S. § 722, from the creditor's lien.
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Court
:
- 11 U.S.C.
In re Molnar
Dec
15
2010
Ruling
Motor vehicle lien creditor not entitled to confirmation of termination of stay due to failure to respond to debtor's intent to redeem.
Procedural posture
A secured creditor holding the security interest on the respondent chapter 7 debtor's vehicle, filed a motion to confirm termination of the automatic stay, pursuant to 11 U.S.C.S. §§ 521(a)(2) or (a)(6), and 362(h)(1); the debtor filed a motion to extend the automatic stay.
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Court
:
- 11 U.S.C.
Padilla v. Prestige Fin. (In re Padilla)
Nov
16
2010
Ruling
Repossession of car less than 14 days after grant of relief from stay did not violate stay where debtor did not file timely statement of intention.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a secured creditor and the creditor's agent, claiming that defendants' actions in repossessing the debtor's vehicle violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy. The creditor filed a motion to dismiss the debtor's claims and the agent joined in that motion.
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Court
:
- 11 U.S.C.
GD Deal Holdings LLC v. Sharma (In re Sharma)
Jan
15
2010
Ruling
Chapter 7 debtor required to reaffirm debt in order to retain secured real property.
Procedural posture
Before the court was the motion for relief from stay filed by a bank seeking stay relief based upon debtor's stated intent to retain the bank's collateral without entering into a reaffirmation agreement.
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Court
:
- 11 U.S.C.
In re Waller
Sep
24
2008
Ruling
Court denied approal of reaffirmation agreement for debts owed on real property as not in debtor's best interests under BAPCPA.
Procedural posture
Debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code, and a creditor asked the court to approve agreements the debtors signed which reaffirmed debt they owed on their residence.
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Court
:
- 11 U.S.C.
In re Waller
Sep
24
2008
Ruling
Approval of reaffirmation agreement denied as not in best interest of debtors' who were current with mortgage payments.
Procedural posture
Creditor filed two reaffirmation agreements, which sought to reaffirm debtors' first and second mortgages. Both agreements were filed on an outdated form requiring a hearing for proper determination of whether the reaffirmation agreements created a presumption of undue hardship on debtors. Debtors filed two amended reaffirmation agreements using the current form. The amended reaffirmation agreements indicated a presumption of undue hardship.
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Court
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