- 11 U.S.C.
Regions Bank v Faulk (In re Faulk)
Jul
14
2006
Ruling
Debt was deemed dischargeable since creditor had not proven fraud.
Procedural posture
Plaintiff creditor filed a complaint under 11 U.S.C. § 523(a)(2) to determine the dischargeability of its claim for two construction loans made in its connection with defendant debtor's part-time business as a residential contractor. The creditor contended that the debtor obtained the loans by actual fraud.
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Court
:
- 11 U.S.C.
In re Vinnie
Jun
23
2006
Ruling
Plan was confirmed over creditor's objection since section 1326(b)(1) did not require full payment of creditor's higher priority claim before paying other creditors.
Procedural posture
A state agency in charge of collecting child support on behalf of child support payees (agency) filed three claims for child support. The debtor's chapter 13 plan proposed to pay these claims in full, concurrently with other priority claims, including the debtor's attorney. The agency filed an objection to confirmation, claiming that its priority claims should be paid in full before distribution to any other priority creditor.
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Court
:
- 11 U.S.C.
Hataway v. Welch (In re Welch)
Jun
22
2006
Ruling
Ex-husband was granted summary judgment and fee award owed ex-husband was deemed nondischargeable.
Procedural posture
Plaintiff ex-husband filed a motion for summary judgment in his adversary proceeding alleging that the attorney's fees owed him by defendant debtor were excepted from discharge, pursuant to 11 U.S.C. § 523(a)(5).
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Court
:
Reding v. Gallagher (In re Childs)
May
15
2006
Ruling
Law firm waived its right to withdrawal of reference for a jury trial since its withdrawal motion was not timely.
Procedural posture
Plaintiff bankruptcy trustees brought an adversary proceeding against defendants, two law firms and an attorney, alleging misappropriation of property belonging to estates of bankruptcy debtors. The only parties remaining in the case were the trustees and one firm and its attorney (collectively, the firm). The firm filed a motion under 28 U.S.C. § 157(d) for mandatory and permissive withdrawal of reference and transfer to the district court.
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Court
:
In re Berry
Apr
14
2006
Ruling
Motion for extension of automatic stay was denied since debtor did not file motion before stay had expired.
Procedural posture
After filing a chapter 13 bankruptcy petition, debtor moved for an extension or continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3).
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Court
:
Lisenby v. J.A. Cambece Law Office P.C. (In re Lisenby)
Mar
27
2006
Ruling
Debtor was entitled to punitive damages where law firm and collection agency willfully violated automatic stay.
Procedural posture
Plaintiff debtor filed a complaint against defendants, a law firm and a collection agency, for damages for violation of the automatic stay and violation of the Fair Debt Collection Practices Act. The debtor moved for default judgment. The bankruptcy court conducted an evidentiary hearing on the sole issue of damages.
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Court
:
Snowden v. Freds Stores of Tenn. Inc.
Mar
10
2006
Ruling
Former employee was not judicially estopped from bringing an FLSA action for simply delaying by four months amending the debtor's chapter 13 bankruptcy schedule to include the potential claim.
Procedural posture
Plaintiff employee filed a notice of consent to become part of a class action to recover unpaid overtime wages brought against defendant employer pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. The employer filed motions for summary judgment as to the employee's claim on the basis of judicial estoppel.
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Court
:
In re Wright
Feb
28
2006
Ruling
Interest rate on secured claims is calculated by the formula approach not by the contractual interest rate approach.
Procedural posture
Creditor had financed the debtors purchase of a vehicle and took a security interest in that vehicle. The creditor objected to confirmation of the chapter 13 plan proposed by the debtors. At issue was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the plan could modify the contractual interest rate applicable to the creditor's secured claim.
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Court
:
- 11 U.S.C.
In re Horn
Feb
23
2006
Ruling
Chapter 13 plan was not denied confirmation since Code section 506, instead of a new Code section, applied when a creditor's claim was not a purchase money security interest.
Procedural posture
Movant creditor filed an objection to confirmation of non-movant debtor's chapter 13 plan.
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Court
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