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Citifinancial Auto v. Hernandez-Simpson

May
17
2007
Ruling
Creditors permitted interest at Till rate on allowed claims secured by motor vehicles.
Procedural posture

Appellants, creditors with purchase money liens against appellees, debtors', vehicles challenged the bankruptcy court's confirmation of the debtors' plans over the creditors'objections. In each case, the vehicle was purchased within 910 days of the bankruptcy filing date. The bankruptcy court ruled that the creditors were not entitled to interest on their claims. The creditors'appeals from the confirmation orders were consolidated for appeal.

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opinion summary, case decided on May 17, 2007 , LexisNexis #0607-115
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CIT Communs. Fin. Corp. v. Level 3 Communs. LLC

Mar
30
2007
Ruling
Lessor's breach of contract suit against purchaser of lessee debtor's lease was not related to bankruptcy.
Procedural posture

Plaintiff, a corporation that leased communications equipment to a company that later filed for bankruptcy, filed suit in state court against defendant, the purchaser of the lease, alleging breach of contract, unjust enrichment, and conversion. The purchaser removed the case to federal court and the leasing company filed a motion to remand the case to state court.

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opinion summary, case decided on March 30, 2007 , LexisNexis #0507-069
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Talley v. Alabama Dept of Public Safety (In re Talley)

Jul
27
2006
Ruling
Suspension of driver's license for failure to pay traffic fines did not violate stay.
Procedural posture

Plaintiff debtor instituted an adversary proceeding alleging that the suspension of his driver's license by defendants, Alabama Department of Public Safety and its director, violated the automatic stay imposed by 11 U.S.C. § 362. Defendants moved to dismiss.

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opinion summary, case decided on July 27, 2006 , LexisNexis #1006-010
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In re Dew

Jun
21
2006
Ruling
Trustee's objections to chapter 13 plans, including that plans did not provide for general unsecured creditors, were sustained.
Procedural posture

The chapter 13 trustee filed an objection to confirmation with respect to four proposed plans filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, asserting that either the length of the payments or the amount of the payments under the plan were insufficient under 11 U.S.C. § 1325 and related statutory provisions.

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opinion summary, case decided on June 21, 2006 , LexisNexis #0706-079
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Forklift Liquidating Trust v. Custom Tool & MFG. Co. (In re Forklift LP Corp.)

Mar
31
2006
Ruling
Payments to manufacturer were deemed preferential transfers since the manufacturer failed to show the transfers were made in the ordinary course of business.
Procedural posture

Plaintiff, a chapter 11 bankruptcy debtor's successor in interest, filed an action against defendant, a manufacturer that supplied parts to the debtor, pursuant to 11 U.S.C. § 547 seeking to avoid alleged preferential transfers made to the manufacturer. The court conducted a bench trial and thereafter issued a memorandum containing its findings of fact and conclusions of law as required under Fed. R. Civ. P. 52.

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opinion summary, case decided on March 31, 2006 , LexisNexis #0406-097
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