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Anglin v. Estes (In re Estes)

Mar
24
2009
Ruling
Debtor had no obligation to schedule judgment against corporation she co-owned.
Procedural posture

Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that judgments they obtained against a corporation were nondischargeable under 11 U.S.C.S. § 523(a)(10) because the debtor failed to list those judgments in a bankruptcy action she filed with her husband in 2002. The creditors filed a motion for summary judgment.

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Consumer opinion summary, case decided on March 24, 2009 , LexisNexis #0709-014
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General Steel Inc. v. Farris (In re Farris)

Sep
30
2008
Ruling
Discharge denied due to debtor's failure to disclose multiple businesses and business records.
Procedural posture

In proceedings that were consolidated, plaintiff five creditors filed actions to determine the dischargeability of certain debts owed by a chapter 7 debtor, pursuant to 11 U.S.C.S. § 523. Two of the creditors also filed objections to discharge of the debtor, pursuant to 11 U.S.C.S. § 727. A consolidated trial was held and the court issued findings of fact and conclusions of law.

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Consumer opinion summary, case decided on September 30, 2008 , LexisNexis #1208-124
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Moulton v. Deutsche Bank Natl Bank Trust Co. (In re Moulton)

Sep
15
2008
Ruling
Chapter 13 debtor allowed to sell house free and clear due to evidence of good faith.
Procedural posture

Plaintiff debtor filed a complaint against defendant mortgage creditor seeking to sell her house free and clear of liens. The debtor also moved for confirmation of her proposed chapter 13 plan. The creditor moved, pursuant to 11 U.S.C.S. § 362(j), for an order establishing that no stay was in effect, or, in the alternative, annulling the stay. The chapter 13 trustee filed an objection to confirmation and a motion to dismiss.

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Consumer opinion summary, case decided on September 15, 2008 , LexisNexis #1108-050
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In re Hackney

Sep
28
2006
Ruling
Fees and expenses incurred by bank in prepetition fraudulent conveyance action against debtor were not entitled to prioriy administrative status.
Procedural posture

Under 11 U.S.C. § 507, a creditor bank sought an allowance of administrative expenses representing professional fees and litigation expenses it incurred in a prepetition state court fraudulent conveyance action against the debtor and numerous transferees of the debtor. After the debtor filed its chapter 7 petition, the trustee substituted as plaintiff and settled the lawsuit.

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opinion summary, case decided on September 28, 2006 , LexisNexis #1106-118
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In re Dudley

Sep
05
2006
Ruling
Properly conducted and noticed sale of debtors'property approved over objection of one of debtors'children.
Procedural posture

A chapter 7 trustee filed a motion seeking to sell, by auction, 40 acres of land owned by two co-debtors. Two of the co-debtors'children filed objections challenging the sale. The trustee held the auction a month before the order granting his motion was issued. One of the children moved to have the sale set aside. The court held a hearing, which was attended by the trustee, the co- debtors, the objecting children, and the property purchasers.

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opinion summary, case decided on September 05, 2006 , LexisNexis #1006-068
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Bevelle v. Jefferson County (In re Bevelle)

Aug
25
2006
Ruling
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
Procedural posture

Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-086
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