SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran)
Nov
27
2007
Ruling
Stay terminated as to security interest in motor vehicle where debtor failed to timely redeem or reaffirm.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a report of no distribution, and after that report was filed, a bank filed a motion for relief from the automatic stay in order to enforce a security interest in an automobile the debtor owned. The debtor claimed that he was not behind in making payments on the debt he owed.
ABI Membership is required to access the full summary of SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re WCS Enters.
Nov
20
2007
Ruling
Creditor not entitled to contractual claim for postpetition attorneys'fees.
Procedural posture
A corporate debtor filed a petition under chapter 11, and it objected to a claim that was filed by one of its creditors. The case was converted to one under chapter 7, and the court appointed a trustee to represent the bankruptcy estate. The trustee was substituted as the objecting party.
ABI Membership is required to access the full summary of In re WCS Enters. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Maggard
Nov
13
2007
Ruling
Mortgagee that had been paid in full could not reopen debtor's case to allow removal of state insurance dispute to bankruptcy court.
Procedural posture
A bankruptcy debtor's case was closed and the debtor brought an action in state court against her former mortgagee, alleging that insurance proceeds received by the mortgagee due to a loss by fire of a residence on the debtor's property was property of the debtor. The mortgagee moved to reopen the debtor's bankruptcy case to allow removal of the case to the bankruptcy court.
ABI Membership is required to access the full summary of In re Maggard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re U.S. Airways Inc.
Oct
31
2007
Ruling
Pilot's unsecured priority claim disallowed as duplicative of claim filed by Pension Benefit Guarantee Corporation in debtor's prior case.
Procedural posture
Debtor airline company filed a petition under chapter 11, and one of the debtor's employees filed an unsecured priority claim in the amount of $1,300,000. The debtor filed an objection to the claim and moved for summary judgment on its objection.
ABI Membership is required to access the full summary of In re U.S. Airways Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
LaSalle Natl Assn v. Cordova (In re Cordova)
Oct
22
2007
Ruling
Creditor would be entitled to relief from stay to foreclose on property without equity absent conversion to chapter 13 and imposition of repayment plan.
Procedural posture
Movant mortgage creditor sought relief from the automatic stay of 11 U.S.C. § 362 in respondent debtor's chapter 7 case.
ABI Membership is required to access the full summary of LaSalle Natl Assn v. Cordova (In re Cordova) 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 Hailemichael
Oct
12
2007
Ruling
Deferment of credit counseling requirement where debtor did not claim exigent circumstances for filing or inability to obtain counseling within five days of petition date.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a request for deferment of the credit counseling requirement set forth in 11 U.S.C. § 109(h).
ABI Membership is required to access the full summary of In re Hailemichael 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 Jemison
Sep
06
2007
Ruling
Plan approved but for any provisions calling for estate to retain more property than necessary for plan completion.
Procedural posture
Four chapter 13 cases came before the court for plan confirmation. The court, sua sponte, raised the issue of whether confirmation should be denied because a provision in each plan purported to postpone the re-vesting in the debtor of all property of the estate until the case is dismissed, converted, or closed violated 11 U.S.C. § 1325(a)(1) and (3).
ABI Membership is required to access the full summary of In re Jemison Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Huddle
Aug
13
2007
Ruling
Credit union bound by confirmation of plan calling for surrender of recreational vehicle in full satisfaction of refinanced debt.
Procedural posture
A debtor filed a petition under chapter 13, and a plan for repaying his creditors. The court confirmed the plan without objection on December 5, 2006. A credit union filed a proof of claim for $43,287.44 on April 16, 2007, and the debtor filed an objection to that claim. On May 31, 2007, the credit union filed a motion to amend the debtor's plan to provide for full payment of its claim.
ABI Membership is required to access the full summary of In re Huddle 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 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.
ABI Membership is required to access the full summary of In re Manning 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 Cook
Jul
31
2007
Ruling
Money judgment issued in favor of trustee in amount of tax refund spent by debtor prior to turnover order.
Procedural posture
Before the court was the motion of the chapter 7 trustee for turnover of $3,670 in state and federal income tax refunds received by debtor.
ABI Membership is required to access the full summary of In re Cook Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: