- 28 U.S.C.
Yarbrough v. Green Tree Servicing LLC (In re Yarbrough)
Sep
29
2010
Ruling
Motion to compel arbitration of core proceedings denied.
Procedural posture
Plaintiff debtors filed a petition under Chapter 13 of the Bankruptcy Code, and defendant LLC filed a claim against the debtor's bankruptcy estate. The debtors filed an adversary proceeding against the LLC, claiming, inter alia, that the LLC conducted a commercially unreasonable sale of the debtors' mobile home and objecting to the LLC's claim, and the LLC filed a motion to compel arbitration and to stay the adversary proceeding.
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Court
:
- 11 U.S.C.
In re Edwards
Sep
23
2010
Ruling
Proof of claim that was not timely filed disallowed despite failure of official notice due to actual notice.
Procedural posture
Debtor's chapter 13 case came before the court for hearing on the Trustee's Objection to Claim No. 15 of a creditor.
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Court
:
Carn v. J.R. Hossler & Co. (In re SGV LLC)
May
19
2010
Ruling
Trustee could use strong-arm powers to avoid creditor's security interest in debtor's mobile homes.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an adversary complaint against defendant creditor, the seller of mobile homes in a mobile home park to the debtor, which alleged it retained a security interest in the mobile homes. The trustee moved for summary judgment, asserting his claim was superior to the creditor's by virtue of the strong-arm powers under 11 U.S.C.S. § 544(a).
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Court
:
- 11 U.S.C.
Woodruff v. Chase Home Fin. LLC (In re Woodruff)
Jan
27
2010
Ruling
Motion to dismiss debtor's proceeding for fraud on the court by creditor for filing false affidavits and motions denied.
Procedural posture
Defendant creditor, the holder of a mortgage on plaintiff debtor's home, moved to dismiss debtor's adversary complaint charging fraud on the court for failure to state a claim. At issue was whether debtor had stated a claim for such fraud and whether cognizance could be taken of either or both of his alternate theories, which were that he had a right of action under 11 U.S.C.S. § 105 and /or Fed. R. Civ. P. 60 as applied by Fed. R. Bankr. P. 9024.
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Court
:
- FRBP
In re Price
Sep
08
2009
Ruling
Creditor's motions for examination and extension of time to file adversary proceeding did not constitute informal proof of claim.
Procedural posture
A bankruptcy trustee objected to allowance of a creditor's claim based on an untimely proof of claim, but the creditor asserted that it effectively filed a timely informal proof of claim.
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Court
:
- 11 U.S.C.
In re Marcato
Jun
29
2009
Ruling
Motion for turnover of debtor's interest in spendthrift trust denied.
Procedural posture
A chapter 7 bankruptcy trustee filed a motion to turn over a debtor's beneficial interest in a trust pursuant to 11 U.S.C.S. § 542.
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Court
:
- 11 U.S.C.
In re Reynolds
May
27
2009
Ruling
Order to vacate modification of stay not necessary to prevent postdischarge attempts to collect prepetition rent which would violate discharge injunction.
Procedural posture
Debtor filed a motion to vacate the court's order granting a creditor relief from the automatic stay to reclaim possession of its rental property from debtor. The creditor took the position that relief from the automatic stay was granted so she could proceed with her ejectment action and also to collect unpaid rent that accumulated pre-petition. The debtor sought to vacate the order to stop further efforts to collect back rent.
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Court
:
- 11 U.S.C.
Reding v. T.R. Motors Inc. (In re Baker)
Feb
17
2009
Ruling
Lien recorded against vehicle in untimely fashion within preference period avoided.
Procedural posture
Plaintiff trustee filed a Fed. R. Civ. P. 56(c) motion for summary judgment in an adversary proceeding to avoid defendant creditor's lien on the chapter 13 debtor's vehicle under 11 U.S.C.S. § 547.
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Court
:
- 11 U.S.C.
In re Marcus
Feb
04
2009
Ruling
Trustee's objection to plan on basis of improper homestead exemption overruled where debtor was in compliance with state statute.
Procedural posture
The debtor filed a chapter 13 petition and plan. The plan did not propose any payments to unsecured creditors. The chapter 13 trustee objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
Avery v. Wells Fargo Bank (In re Avery)
Jan
27
2009
Ruling
Mortgage was not liable for improper treatment of arrearage where automatic stay had terminated due to debtor's repeated defaults.
Procedural posture
Plaintiff debtor filed an adversary complaint seeking compensatory and punitive damages against defendant mortgagee in connection with its allegedly improper treatment of arrearages on debtor's mortgage while defendant sought a ruling that the stay under 11 U.S.C.S. § 362 had terminated and that it was entitled to commence a foreclosure proceeding. Defendant moved for summary judgment.
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Court
: