- 11 U.S.C.
Wilson v. Fayette Sand & Gravel Inc. (In re Armentrout)
Jan
05
2010
Ruling
Debtor was liable for racial discrimination but resulting debt was dischargeable absent willful or malicious injury.
Procedural posture
Plaintiff former employee brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor permitted a racially hostile work environment at the debtor's company where the employee was employed, and that the employee's discrimination claim was nondischargeable under 11 U.S.C.S. § 523(a)(6) based on a willful and malicious injury.
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Court
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Noland v. Wells Fargo Bank (In re Noland)
Dec
07
2009
Ruling
Initialization of foreclosure in violation of stay entitled debtors to actual, compensatory and punitive damages.
Procedural posture
Chapter 13 debtors filed a complaint against defendant, a trustee for a creditor, seeking a temporary restraining order to enjoin a foreclosure sale, a declaratory judgment as to the status of the automatic stay, and damages for defendant's alleged violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k)(1).
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Court
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In re Church
Aug
21
2009
Ruling
Attorney ordered to disgorge undisclosed prepetition fees.
Procedural posture
The chapter 13 bankruptcy administrator filed a motion for examination of the debtors' transactions with their attorney. The court conducted a hearing as to the amount of legal fees the attorney had charged the debtor, or that the debtors had actually paid the attorney, which was an issue of dispute between them. The debtors contended they had paid a $ 1,200 fee that the attorney denied receiving.
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Court
:
- 11 U.S.C.
Premier Self Storage LLC v. Evans (In re Evans)
Mar
27
2009
Ruling
Severance and removal of state action did not violate stay where debtor's two prior cases within one-year period were dismissed.
Procedural posture
After its motion for relief from stay to proceed in state court was denied, plaintiff self storage company sued defendant debtor. After its motion to sever the state action was granted, the company filed a notice of removal. The debtor objected to the notice and moved for a remand. The company moved to extend the time for removal, or, alternatively, for an order that the notice of removal was timely filed. The court held a hearing.
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Court
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Buckeye Ret. Co. LLC v. Bishop (In re Bishop)
Feb
06
2009
Ruling
Objection to discharge overruled where record keeping was appropriate for debtor's level of sophistication.
Procedural posture
The successor to a creditor bank, filed objections to debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(3), (4), and (5), and to the dischargeability of his two debts under promissory notes to the creditor, pursuant to 11 U.S.C.S. § 523(a)(2)(B).
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Court
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First Natl Bank of Cent. Ala. v. Moore (In re Moore)
Jan
30
2009
Ruling
Court refused to deny discharge for failure to maintain records where creditor failed to show it was warranted.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging, inter alia, that denial of the debtor's discharge was warranted under 11 U.S.C.S. § 727(a)(3), (5) based on the debtor's failure to maintain or produce financial records and the debtor's failure to explain losses of assets. The creditor moved for partial summary judgment.
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Court
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In re Majors
Dec
18
2008
Ruling
Relief from stay to proceed with eviction denied where creditor was protected by equity cushion in property.
Procedural posture
A mortgage creditor filed a motion for relief from the automatic stay in order to proceed with the eviction/ejectment of the chapter 13 debtor from a residential property in a state court proceeding, under 11 U.S.C.S. § 362(d). The debtor argued that cause did not exist to modify the stay, and that he had sufficient equity in the property to warrant continued protection under the stay.
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Court
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In re Evans
Jun
12
2008
Ruling
Case dismissed due to debtor's failure to provide financial records for corporation of which debtor was president and which owned real estate subject to creditor's mortgage.
Procedural posture
Debtor filed a second petition for relief under chapter 13 of the Bankruptcy Code. The creditor filed a motion to dismiss pursuant to 11 U.S.C.S. § 521(i).
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Court
:
- 11 U.S.C.
In re Manning
Aug
02
2007
Ruling
Debtor could bifurcate claim partially secured by double wide motor home not attached to real property.
Procedural posture
Defendant, a chapter 7 debtor, filed a motion pursuant to Fed. R. Civ. P. 60(b)(1), (2) and (5), as incorporated by Fed. R. Bankr. P. 9024, to vacate an order entering a default judgment finding a debt owed by him to be nondischargeable per 11 U.S.C. § 523(a)(2) on a claim that the judgment was void by reason of plaintiff creditor's failure to obtain service, on defendant, of the summons, complaint, and pretrial order.
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Court
:
- 11 U.S.C.
In re Clardy
Jun
12
2007
Ruling
Second mortgage partially secured by equity was not subject to modification in plan.
Procedural posture
Debtors filed a petition under chapter 13 and a proposed plan for paying their creditors. A corporation that held a second mortgage on the debtors'residence opposed the debtors'motion for confirmation of their plan. The case was tried by the court.
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Court
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