Jul
16
2013
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
Jun
17
2013
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
Jun
14
2013
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
Apr
10
2013
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
Mar
18
2013
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
Mar
11
2013
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
Aug
15
2012
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
Mar
08
2012
Washington v. Williams (In re Washington)
Plaintiff debtor filed an adversary proceeding against defendant, both individually and as a "dba" for an auto repair shop, on claims that defendant had violated the automatic stay per 11 U.S.C.S. § 362 by repossessing her car. Issues arose as to whether defendant was improperly named based on defense claims that the entity with which plaintiff had done business was an LLC. Defendant moved for judgment at the close of debtor's case in chief.
Ruling:
Repossession of vehicle did not violate stay absent evidence that creditor acted with knowledge of debtor's bankruptcy filing.
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Consumer case opionion summary, case decided on March 08,2012, LexisNexis #0412-038
Oct
31
2011
In re Circle City Transp. Inc.
The debtor, a common carrier engaged in the interstate trucking of goods, filed an objection to a claim filed by one of its employees. It argued that under the "mechanic exception" of § 13(b)(1) of the Fair Labor Standards Act and § 204 of the Motor Carrier Act of 1935, the employee was not entitled to overtime pay because of his job responsibilities.
Ruling:
Security guard's claim was not barred by "mechanic exception" of the Fair Labor Standards Act or the Motor Carrier Act of 1935.
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Commercial case opionion summary, case decided on October 31,2011, LexisNexis #1211-038
Oct
17
2011
Spencer Ad Hoc Equity Comm. v. Idearc Inc. (In re Idearc Inc.)
Appellant equity committee appealed from an order of the United States District Court for the Northern District of Texas denying the committee's appeal of the bankruptcy court's confirmation order of the reorganization plan by debtor and appellee on the grounds of equitable mootness.
Ruling:
Appeal of confirmation order properly dismissed due to substantial consummation.
Court: 5th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 17,2011, LexisNexis #1111-032
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