Middle District

Jacobs v. Pitts (In re Pitts)

Plaintiff bankruptcy administrator filed a complaint seeking a judgment denying defendant Chapter 7 debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) on the grounds that the debtor knowingly and fraudulently, in or in connection with his bankruptcy case, made a false oath or account.
Ruling: 
Discharge denied due to numerous false statements.
ABI Membership is required to access the full summary of Jacobs v. Pitts (In re Pitts). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 01,2011, LexisNexis #1011-023

Smith v. Golatte (In re Golatte)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(6). The complaint alleged that the debtor willfully and maliciously injured the creditor by her operation of a motor vehicle. The debtor filed a motion for summary judgment and also filed a motion to strike portions of the creditor's response to the motion for summary judgment.
Ruling: 
State court judgment for vehicular injury based on accident for which debtor also was convicted of negligent homicide was not based on malicious conduct.
ABI Membership is required to access the full summary of Smith v. Golatte (In re Golatte). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 01,2011, LexisNexis #1011-015

In re Colonial BancGroup Inc.

Plan trustee for a chapter 11 plan filed a notice of retention of certain professionals to represent the debtor in connection with implementation of the confirmed chapter 11 plan. A creditor filed an objection to the retention of a particular law firm.
Ruling: 
Law firm that previously represented seven hedge fund creditors did not have a present conflict and could represent debtor.
ABI Membership is required to access the full summary of In re Colonial BancGroup Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 15,2011, LexisNexis #0811-072

Frontier Bank v. Davenport (In re Davenport)

Plaintiff bank sought a judgment that its claim against defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Loan debt was nondischargeable due to debtor's failure to disclose tax liability or guarantees in periodic financial statements.
ABI Membership is required to access the full summary of Frontier Bank v. Davenport (In re Davenport). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 24,2011, LexisNexis #0711-120

Wiregrass Catering Serv. LLC v. Community Bank & Trust of Southeast Ala.

Plaintiff borrowers filed a motion to remand pursuant to 28 U.S.C.S. § 1452(b) or abstain pursuant to 28 U.S.C.S. § 1334(c) in connection with their removed action against defendant lender.
Ruling: 
Debtor borrower's state law action against creditor was related to debtor's bankruptcy.
ABI Membership is required to access the full summary of Wiregrass Catering Serv. LLC v. Community Bank & Trust of Southeast Ala.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0711-065

DePaola v. Dorsey (In re Dorsey)

In this Chapter 7 case, the Trustee objected to the debtor's discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B), (a)(3), (a)(4)(A) and (a)(4)(D), and sought avoidance of certain transfers.
Ruling: 
Discharge denied due to debtor's false statements and accounts and concealment.
ABI Membership is required to access the full summary of DePaola v. Dorsey (In re Dorsey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-055

In re Colonial Bancgroup Inc.

Debtor filed a proposed second amended chapter 11 plan of reorganization. An evidentiary hearing on confirmation of the plan was held. Objections to the plan were filed by the Federal Deposit Insurance Corporation (FDIC), as receiver, a banking and trust company(B&TC), the lead plaintiffs in a consolidated securities class action against debtor, and multiple individual shareholders.
Ruling: 
Plan did not meet best interests of creditors test due to plan committee's ability to incur expenses of high risk litigation.
ABI Membership is required to access the full summary of In re Colonial Bancgroup Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 20,2011, LexisNexis #0611-132

Cooper v. Cooper

Debtor reopened a bankruptcy case and filed an adversary proceeding against former spouse for violation of the discharge injunction.
Ruling: 
Bankruptcy court properly dismissed complaint for violation of discharge injunction.
ABI Membership is required to access the full summary of Cooper v. Cooper. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 18,2011, LexisNexis #0411-069

In re Coleman

A chapter 7 debtor filed an application for waiver of the filing fee under 28 U.S.C.S. § 1930(f)(1). The Bankruptcy Administrator filed an objection to the debtor's request to proceed in forma pauperis and have her fee waived, arguing that the application to waive the filing fee should be denied because the debtor could use the monies from her tax refund to pay the filing fee.
Ruling: 
Waiver of filing fee denied due to debtor's ability to pay fee in installments.
ABI Membership is required to access the full summary of In re Coleman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0311-100

In re Watts

A creditor filed an objection to an application for professional compensation made by an attorney for a debtor in possession, contending that some of the services benefited only the debtor but not the estate.
Ruling: 
Fees related to debtor's unsuccessful objection to a creditor's claim and opposition to confirmation of the plan proposed by the unsecured creditor's committee approved as ultimately benefitting the estate and other creditors.
ABI Membership is required to access the full summary of In re Watts. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0211-107

Pages

Subscribe to Middle District