Southern District

Gamble v. Mendenhall (In re Mendenhall)

Ruling: 
Untimely nondischargeability proceeding related back to earlier timely but improperly filed proceeding.
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Consumer case opionion summary, case decided on September 18,2014, LexisNexis #1014-070

In re Gibson

Ruling: 
Estate of non-debtor spouse was not entitled to administrative expense claim for fees paid on condominium after fraudulent transferred of debtor's interest until the unit was reconveyed to debtor.
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Consumer case opionion summary, case decided on June 12,2014, LexisNexis #0714-077

Schuller v. Ocwen Loan Servicing LLC (In re Schuller)

Ruling: 
Reference of debtor's Fair Debt Collection Practices Act cause of action withdrawn.
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Consumer case opionion summary, case decided on February 05,2014, LexisNexis #0314-135

In re Willis

Ruling: 
Debtor's divorce obligation to second spouse for making debtor's child support payments to debtor's first spouse was not a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on January 21,2014, LexisNexis #0214-056

Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares Inc.)

Ruling: 
Subordination agreement in favor of special purpose entity allowed.
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Commercial case opionion summary, case decided on September 30,2013, LexisNexis #1013-081

In re Bradley

Ruling: 
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
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Consumer case opionion summary, case decided on August 30,2013, LexisNexis #0913-125

Andrews v. RBL LLC (In re Vista Bella Inc.)

Ruling: 
Assignment of note and mortgage was not an avoidable transfer due to debtor's retention of interest.
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Commercial case opionion summary, case decided on August 09,2013, LexisNexis #0913-022

In re Rattler

Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
Ruling: 
Administrative expense claim allowed for debtor's postpetition rental arrearage.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-112

Brannon v. Chuck Stevens Auto Inc.

Plaintiff debtor brought an adversary proceeding against defendant creditor, an auto dealer, asserting that creditor, through an agent, willfully violated the automatic stay by harassing her despite actual knowledge of her bankruptcy filing, pursuant to 11 U.S.C.S. § 362(k). Creditor moved to dismiss the complaint, denying it had received formal notice of the bankruptcy filing.
Ruling: 
Creditor that received at least oral notice could not dismiss proceeding for stay violation.
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Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-042

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