Brown v. Midland Credit Mgmt. (In re Brown)
Sep
29
2015
Ruling
Bankruptcy court had jurisdiction over debtor's proceeding alleging creditor violated the Fair Debt Collection Practices Act by filing a proof of claim.
Issue(s)
Should debtor's proceeding alleging violation of the Fair Debt Collection Practices Act be dismissed based upon lack of subject matter jurisdiction, or alternatively, based upon the res judicata effect of the confirmed plan?
ABI Membership is required to access the full summary of Brown v. Midland Credit Mgmt. (In re Brown) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Jenkins v. Midland Credit Mgmt. (In re Jenkins)
Sep
17
2015
Ruling
Filing a stale proof of claim was not grounds for sanctions.
Issue(s)
Was filing of a time-barred proof of claim grounds for sanctions?
ABI Membership is required to access the full summary of Jenkins v. Midland Credit Mgmt. (In re Jenkins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Davis
Apr
07
2015
Ruling
Debtors' attorneys properly sanctioned for acting in bad faith.
Issue(s)
Should attorneys be sanctioned for their surreptitious arrangement to collect fees and expenses from the debtor in this case and from debtors in at least 291 additional cases?
ABI Membership is required to access the full summary of In re Davis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Threatt
Jan
21
2014
Ruling
Confirmation of below median debtor's plan denied due to term of more than three years and lack of good faith.
Issue(s)
Should confirmation of below median debtor's plan be denied due to excessive length of the plan's term and proposal to retain a more expensive and newer automobile while surrendering a less expensive and older vehicle.
ABI Membership is required to access the full summary of In re Threatt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Curtis
Sep
19
2013
Ruling
Debtor could cure arrearage under agreement for deed over life of plan as secured claim.
Issue(s)
Could agreement for deed be treated as a secured claim under debtor's chapter 13 plan.
ABI Membership is required to access the full summary of In re Curtis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Cooper
Jan
22
2013
Ruling
Appeal of denial of motion for sanctions dismissed due to failure to comply with deadlines.
Procedural posture
After the bankruptcy court denied debtor's motion for sanctions against creditor for violation of the discharge injunction, the debtor appealed the order. The creditor filed a motion to dismiss the appeal.
ABI Membership is required to access the full summary of In re Cooper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Tinney
Jul
09
2012
Ruling
Inheritance received more than 180 days after petition date was not property of the estate.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court confirmed the debtor's bankruptcy plan and appointed a trustee to administer the plan. The trustee filed a motion to modify the plan so that it required the debtor to use assets she inherited from her mother to pay unsecured creditors' claims. The debtor opposed the motion.
ABI Membership is required to access the full summary of In re Tinney Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jackson
Mar
16
2012
Ruling
Cases filed under chapter 13 simply to avoid lump sum payment of attorneys' fees that would be owed under chapter 7 were not filed in good faith.
Procedural posture
Before the court was the confirmation of chapter 13 plans for two debtors.
ABI Membership is required to access the full summary of In re Jackson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Kirk
Jan
23
2012
Ruling
Plan proposing to pay administration and attorneys' fees before paying creditors could not be confirmed.
Procedural posture
The court announced that it would confirm the debtors' third amended plan only if it were modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed in deference to payment of administrative expenses, and in particular attorney's fees. Counsel for the debtors objected and asked the court to confirm the plan without requiring any change in the timing and application of plan payments.
ABI Membership is required to access the full summary of In re Kirk Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re McDaniel
Jan
20
2012
Ruling
Creditor lacked standing to object to homestead exemption under §522(g).
Procedural posture
A creditor filed an objection to a chapter 7 debtor's claim of homestead exemption under Alabama law based solely on 11 U.S.C.S. § 522(g).
ABI Membership is required to access the full summary of In re McDaniel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: