Middle District

Sanders v. Community Cars Inc. (In re Sanders)

Ruling: 
Car company was liable for damages for repossession of vehicle in violation of stay.
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Consumer case opionion summary, case decided on January 03,2014, LexisNexis #0214-006

McLean v. Green Point Credit LLC (In re McLean)

Ruling: 
Creditor violated discharge injunction by seeking payment of same deficiency balance that was basis of claim in debtor's prior bankruptcy.
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Consumer case opionion summary, case decided on November 08,2013, LexisNexis #1213-055

In re McLemore

A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
Ruling: 
Untimely motion to extend stay in debtor's second case denied.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-008

In re Colonial Brokerage Inc.

The Pension Benefit Guaranty Corporation ("PBGC") filed a motion seeking a determination that its claims, which were filed after the claims bar date, be accorded equal treatment with timely filed claims. The chapter 7 trustee filed an objection to the motion. After having filed a joint stipulation of relevant facts, the parties filed cross-motions for summary judgment.
Ruling: 
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-125

Gray v. LVNV Funding LLC (In re Gray)

Debtor brought an adversary proceeding alleging that defendant collection agency, on behalf of defendant creditor, willfully violated the 11 U.S.C.S. § 362 automatic stay by sending seven collection letters with actual or, in the alternative, imputed knowledge of her bankruptcy.
Ruling: 
Collection letters sent by creditor and agency did not violate stay given lack of notice or actual knowledge of case.
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Consumer case opionion summary, case decided on June 14,2013, LexisNexis #0813-111

Allison v. Dean (In re Dean)

Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4) to have his debts discharged, and that a judgment they obtained against the debtor in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Debts resulting from debtor's negligence were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on April 10,2013, LexisNexis #0513-024

Trailer v. Troy Univ. (In re Trailer)

Plaintiff chapter 13 debtor filed a complaint against defendant university, contending that the university willfully violated the automatic stay, 11 U.S.C.S. § 362(a)(6), by refusing, in an effort to collect a prepetition debt and with knowledge of her bankruptcy, to release a transcript of her academic record.
Ruling: 
University's refusal to release transcript due to outstanding prepetition debt violated stay.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-040

In re Snow

Before the court were (1) the trustee's motion to dismiss the case with a refiling injunction, (2) the trustee's motion to examine transactions between debtor and attorney, and (3) an application to employ, nunc pro tunc, an attorney.
Ruling: 
Case dismissed with refiling injunction due to material default under plan.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-064

Perry v. United States (In re Perry)

Plaintiff, a chapter 7 debtor, sought a determination that amounts owed to defendant Internal Revenue Service (IRS) were nondischargeable under 11 U.S.C.S. § 523(a)(1). The court converted the debtor's motion to one seeking summary judgment, and the IRS filed a cross-motion for summary judgment.
Ruling: 
IRS debt for years in which debtor did not file timely returns was nondischargeable.
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Consumer case opionion summary, case decided on August 15,2012, LexisNexis #0912-079

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