- 11 U.S.C.
Parker v. Pioneer Credit Co. of Ala. Inc.
Sep
10
2008
Ruling
Lodestar method properly used to determine fee award in stay violation proceeding.
Procedural posture
Appellant creditor challenged an award of attorneys' fees to appellee debtor by the U.S. Bankruptcy Court for the Middle District of Alabama, Southern Division. At issue was whether the fees awarded pursuant to 11 U.S.C.S. § 362(k)(1) were excessive and unreasonable.
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Court
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In re Holland
Aug
19
2008
Ruling
Ruling that state law applied to determine debtor's entitlement to exemption was not a final appealable order.
Procedural posture
Appellant bankruptcy trustee challenged an order of the United States District Court for the Northern District of Illinois, Eastern Division, holding that Florida law applied in determining whether appellee debtor's property was exempt from her bankruptcy estate and remanding the matter to the bankruptcy court.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
FIA Card Servs. v. Flowers (In re Flowers)
Jul
11
2008
Ruling
Credit card cash advance properly held to be dischargeable.
Procedural posture
In an appeal to the district court, appellant creditor challenged two decisions of the United States Bankruptcy Court for the Middle District of Alabama in an adversary proceeding: (1) its summary-judgment holding that appellee debtor's credit-card cash-advance debt to the creditor was dischargeable and (2) its award of attorney's fees to debtor from creditor.
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Court
:
- 28 U.S.C.
Munding v. LeMaster & Daniels P.L.L.C. (In re Spokane Raceway Park Inc.)
Jul
09
2008
Ruling
Bankruptcy court voluntarily abstained from hearing indemnity action against third party already pending in state court.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against defendant accounting firm, seeking a judgment determining the validity of a claim the firm filed against a corporate debtor's bankruptcy estate. The firm filed a third-party action against third-party defendant Washington limited partnership, claiming that the partnership had an obligation to indemnify it against any judgment the trustee obtained. The partnership moved to dismiss.
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Court
:
- 11 U.S.C.
Saylor v. Select Portfolio Servicing Inc. (In re Saylor)
Jun
09
2008
Ruling
Mortgage servicer's transmittal of transaction history and payoff letter in response to debtor's request did not violate stay.
Procedural posture
The debtor sought review of a decision of the bankruptcy court, which granted a motion to dismiss the debtor's action against appellee, a mortgage servicing company.
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Court
:
- 11 U.S.C.
In re Griffin
May
30
2008
Ruling
Domestic support obligations being collected by state were priority claims that were required to be paid in full during term of plan.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and submitted a proposed plan. The Alabama Department of Human Resources (DHR) objected to the confirmation of the proposed plan, claiming that pursuant to 11 U.S.C.S. § 507, the DHR's priority claims needed to be paid in full during the term of the plan.
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Court
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Moore v. Alabama Power Co. (In re Moore)
May
28
2008
Ruling
Continued wage garnishement by garnishee was not a violation of codebtor stay by creditor that obtained the original prepetition writ.
Procedural posture
Defendant creditor filed a motion, pursuant to Fed. R. Bankr. P. 7012(b)(6), to dismiss the adversary proceeding of plaintiffs, a debtor and her cosigner, for damages for an alleged violation of the codebtor stay imposed by 11 U.S.C.S. § 1301(a) and to hold the creditor in contempt under 11 U.S.C.S. § 105.
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Court
:
- 11 U.S.C.
Horn v. Lee (In re Horn)
May
13
2008
Ruling
Claim of former spouse who failed to file dischargeability proceeding within 60 days of creditors' meeting was discharged.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, seeking declaratory relief in the form of a finding that her claim against him was discharged and injunctive relief enjoining her from taking further action on her claim.
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Court
:
- 11 U.S.C.
In re Camp
May
08
2008
Ruling
Debtor's counsel not entitled to administrative expense claim for fees incurred prior to petition date.
Procedural posture
Counsel filed an application, pursuant to 11 U.S.C.S. §§ 327 and 330, for nunc pro tunc approval of his employment as an attorney for the bankruptcy estate and for compensation for services rendered. Counsel also contended that if the application was approved, he would be entitled to priority status as an administrative claim under 11 U.S.C.S. § 503(b)(1).
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Court
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- 11 U.S.C.
Lyons v. Sandifur (In re Metropolitan Mortg. & Secs. Co.)
Apr
11
2008
Ruling
Trustee of trust dismissed due to receipt of unlawful dividend payments.
Procedural posture
Plaintiff, the plan administrator and trustee of the creditors' trust, the successor-in-interest to the debtor, filed an adversary proceeding asserting a claim for avoidance and recovery of avoidable transfers under 11 U.S.C.S. § 548 and recovery of unlawful dividend payments under Wash. Rev. Code § 23B.06.400 and 11 U.S.C.S. § 108. Defendant, both the trustee of a trust and a shareholder and director of the debtor, moved to dismiss the claims.
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Court
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