Southern District

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Reference of debtor's Fair Debt Collection Practices Act cause of action withdrawn.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

Brannan v. Wells Fargo Home Mortg. (In re Brannan)

Putative class plaintiffs, debtor-mortgagors who alleged that defendant lender filed, or caused to be filed, false affidavits in support of motions for relief from automatic stay. The debtors requested that two classes of plaintiffs be certified by the court pursuant to Fed. R. Bankr. P. 7023.
Ruling: 
Class certification granted for plaintiff debtor mortgagees with fraud claims against lender for false affidavits filed in stay proceedings.
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Consumer case opionion summary, case decided on January 08,2013, LexisNexis #0113-140

In re Crenshaw

Creditors filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) in order to pursue state law remedies with regard to their lien on the debtor's property.
Ruling: 
Relief from stay to pursue state court remedies granted given lack of equity in property that was not necessary for reorganization.
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Consumer case opionion summary, case decided on November 08,2012, LexisNexis #1212-005

In re Feaster & Sons Oil Distribs. Inc.

A chapter 7 trustee objected to two claims of a creditor, contending that the claims were filed as secured claims but there was no property of the estate to which a security interest attached.
Ruling: 
Balance of claim that creditor agreed to cap at time of sale order disallowed as no longer secured by property of the estate.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1212-007

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