- 11 U.S.C.
Al-Riyami v. United States Dept of Educ. (In re Al-Riyami)
Jan
06
2014
Ruling
Student loan debt was dischargeable due to satisfaction of all three prongs of the Brunner test.
Issue(s)
Whether debtor was entitled to a discharge of her student loan debts under 11 U.S.C.S. § 523(a)(8).
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Court
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Sanders v. Community Cars Inc. (In re Sanders)
Jan
03
2014
Ruling
Car company was liable for damages for repossession of vehicle in violation of stay.
Issue(s)
Should damages be assessed against creditor for repossessing debtor's vehicle in violation of the automatic stay.
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Court
:
- 11 U.S.C.
Cappello Capital Corp. v. AmericanWest Bank (In re AmericanWest Bancorporation)
Nov
13
2013
Ruling
Debtor's attorneys' fees approved as reasonable.
Issue(s)
Should debtor's attorneys' motion for supplemental fees and costs be approved?
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Court
:
- 11 U.S.C.
McLean v. Green Point Credit LLC (In re McLean)
Nov
08
2013
Ruling
Creditor violated discharge injunction by seeking payment of same deficiency balance that was basis of claim in debtor's prior bankruptcy.
Issue(s)
Did creditor violate discharge injunction by filing proof of claim for deficiency balance that was the basis for a claim that was discharged in debtor's prior bankruptcy.
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Court
:
- 11 U.S.C.
Kriegman v. Briscone (In re LLS Am. LLC)
Oct
22
2013
Ruling
Transfers made as part of Ponzi scheme were fraudulent.
Issue(s)
Was debtor operating a Ponzi scheme and insolvent at the time transfers were made so as to make the transfers avoidable as fraudulent.
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Court
:
- 11 U.S.C.
Kassa Ins. Servs. V. Pugh (In re Pugh)
Oct
17
2013
Ruling
Fees reduced after review of block billing invoices.
Issue(s)
Should fees awarded to creditor's attorney for representation in adversary proceeding be reduced as unreasonable.
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Court
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In re Bryan
Sep
03
2013
Ruling
Trustee's sale of estate property approved absent substantive objection by debtor.
Issue(s)
Could debtors, whose final bid on estate property sold by trustee did not meet or exceed the highest bid at sale, make another "final" bid through an objection to the sale.
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Court
:
- 11 U.S.C.
In re McLemore
Jul
16
2013
Ruling
Untimely motion to extend stay in debtor's second case denied.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
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Court
:
- 11 U.S.C.
In re Colonial Brokerage Inc.
Jun
17
2013
Ruling
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Gray v. LVNV Funding LLC (In re Gray)
Jun
14
2013
Ruling
Collection letters sent by creditor and agency did not violate stay given lack of notice or actual knowledge of case.
Procedural posture
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.
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Court
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