Judge Paskay

In re Vernon

In two separate proceedings, the debtors filed for relief under chapter 13 of the Bankruptcy Code. The trustee objected confirmation of the debtors' proposed plans for confirmation because the trustee alleged that the debtors did not meet the standard for confirmation under 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Plans could not be confirmed due to deductions for secured debt payments on property that had been surrendered.
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Consumer case opionion summary, case decided on March 05,2008, LexisNexis #0508-053

Jensen v. Washington Mutual Bank (In re General Mortg. Corp. of Am.)

A debtor filed for relief under chapter 11 of the Bankruptcy Code and the matter was converted to a case under chapter 7. Plaintiff chapter 7 trustee filed an action to recover, pursuant to 11 U.S.C.S. §§ 548 and 549, payments that the debtor made to defendant bank. The parties filed cross motions for summary judgment.
Ruling: 
Bank that was the original assignee of mortgage it assigned to a mortgage company was not liable to estate for payments received from debtor, the original mortgagee and forwarded to mortgage company.
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Commercial case opionion summary, case decided on February 13,2008, LexisNexis #0508-047

Jensen v. Landolphi (In re Landolphi)

Plaintiff trustee in bankruptcy filed an adversary proceeding against defendant, a chapter 7 debtor's ex-wife, seeking an order declaring that a condominium the debtor transferred to his ex-wife, as trustee of a land trust, was property of the debtor's bankruptcy estate under 11 U.S.C. § 544(b) and Fla. Stat. § 726.105(1)(a).
Ruling: 
Transfer of condominium for inadequate consideration but before creditor's unsecured claims arose was not avoidable.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-065

In re Mobley

A chapter 7 debtor filed a motion for a rule to show cause why respondents, two individuals and their attorney, should not be held in contempt of court for violating 11 U.S.C. § 362. The debtor asked the court to impose appropriate sanctions, including actual damages, punitive damages, and attorney fees and costs.
Ruling: 
Filing of third-party complaint based on prepetition indemnity agreement violated stay.
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Commercial case opionion summary, case decided on October 12,2007, LexisNexis #1107-059

Reynolds v. Trafford (In re Trafford)

Plaintiff judgment creditor filed a complaint against defendant chapter 7 debtor, seeking a denial of the debtor's discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
Ruling: 
Discharge denied due to debtor's major omissions from schedules.
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Consumer case opionion summary, case decided on September 27,2007, LexisNexis #1107-103

In re Vanduyn

Chapter 13 debtors filed an objection to the claim of a creditor on the grounds that the debtors' plan contemplated the surrender of their motor home in full and final satisfaction of the debt owed to the creditor and no deficiency claim was allowed pursuant to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Creditor not entitled to deficiency on debt incurred within 910 days of filing and secured by mobile home surrendered by debtors in full satisfaction of debt.
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In re Morande Enters.

A corporate debtor filed a petition under chapter 11, and creditor IRS filed a claim in the amount of $55,005.16, based on penalties relating to the debtor's nonpayment of FICA tax obligations to the U.S. The debtor filed a motion to subordinate the IRS'claim.
Ruling: 
FICA tax penalty claim subordinated to claims of unsecured creditors,
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Wilson v. Smith (In re Smith)

Plaintiffs filed a complaint against chapter 7 debtor, seeking a denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A).
Ruling: 
Discharge denied due to debtor's conversion of non-exempt assets into exempt property with intent to hinder, delay and defraud creditors.
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In re Grunau

In the debtors' chapter 13 case, a creditor moved for relief from a confirmation order and for a rehearing on its objection to the chapter 13 plan. The creditor had objected to the plan's restructuring of a repayment plan on the creditor's car loan on the ground that the interest rate was too low.
Ruling: 
Plan that extended payment terms on car loan over creditor's objection ordered modified in accordance with Till.
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Tardiff v. MBNA Am. Bank (In re Kepley)

Chapter 7 trustee brought an adversary proceeding against a creditor, alleging that a payment by the debtor prior to the bankruptcy filing was a voidable preference under 11 U.S.C. § 547(b)(4)(A). The parties cross-moved for summary judgment.
Ruling: 
Payment to creditor with funds held by debtor and spouse as tenants by the entirety was not avoidable.
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