Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)

Sep

2005

Ruling

Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.

Procedural posture

Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.

ABI Membership is required to access the full summary of Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 26, 2005 , LexisNexis #0106-009

LexisNexis Article

Learn More

11 U.S.C.
- § 362

In re Reams

Sep

2005

Ruling

Debtors were denied sanctions motion against the government since the government's delay in payment to the debtor tobacco farmers was brief and not made in bad faith and since the government had not attempted to collect a debt in violation of the automatic stay.

Procedural posture

Bankruptcy debtors asserted that the United States government unreasonably and wrongfully delayed payment to the debtors, as tobacco farmers, under a Tobacco Transition Payment Program ("TTPP"). The debtors contended that the delay caused additional interest to accrue on loans the debtors otherwise would have paid under their confirmed chapter 12 plan, and the debtors moved for sanctions against the government.

ABI Membership is required to access the full summary of In re Reams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Northern District of Florida ( Judge Killian, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on September 22, 2005 , LexisNexis #0106-109

LexisNexis Article

Learn More

11 U.S.C.
- § 727
- § 727(a)

James v. Tipler (In re Tipler)

Sep

2005

Ruling

Debtor was denied discharge based on failure to keep recorded information and false oath.

Procedural posture

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).

ABI Membership is required to access the full summary of James v. Tipler (In re Tipler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 13, 2005 , LexisNexis #0406-135

LexisNexis Article

Learn More

11 U.S.C.

Turner v. Cornelius (In re Cornelius)

Sep

2005

Ruling

Debtor was denied discharge where the debtor made two material false oaths.

Procedural posture

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).

ABI Membership is required to access the full summary of Turner v. Cornelius (In re Cornelius) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 12, 2005 , LexisNexis #0106-028

LexisNexis Article

Learn More