Judge Drake

Andersen 2000 Inc. v. Greenwich Ins. Co. (In re Andersen 2000 Inc.)

The debtor filed a complaint for varied relief based upon its contract with defendant, a customer that had purchased an incinerator system for a power plant from the debtor. The customer and the surety filed a motion to dismiss the claims for injunctive and declaratory relief brought by the debtor. The bonding agent filed a claim for indemnification in the bankruptcy because the customer was seeking to draw on the bond.
Ruling: 
Balance allegedly owed debtor in contract dispute was not subject to turnover.
ABI Membership is required to access the full summary of Andersen 2000 Inc. v. Greenwich Ins. Co. (In re Andersen 2000 Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 28,2007, LexisNexis #1207-103

Collins Bros. Corp. v. Perrine (In re Perrine)

Plaintiff creditor received a state court judgment against defendant debtor under the Perishable Agricultural Commodities Act ("PACA") arising from the debtor's nonpayment for produce. The creditor sought to determine the dischargeability of the debt under 11 U.S.C. § 523(a)(4).
Ruling: 
Debts arising from fiduciary defalcation under Perishable Agricultural Commodities Act was nondischargeable.
ABI Membership is required to access the full summary of Collins Bros. Corp. v. Perrine (In re Perrine). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 27,2007, LexisNexis #1207-101

Goodman v. Southern Horizon Bank (In re Norsworthy)

Plaintiff, a chapter 13 trustee, filed a renewed motion for summary judgment against defendant bank seeking to avoid the transfer of an interest in property of the debtor pursuant to 11 U.S.C. § 547(b).
Ruling: 
Transfer of security interest avoided where examination of filed claims showed transferee stood to recover more as secured than as unsecured creditor.
ABI Membership is required to access the full summary of Goodman v. Southern Horizon Bank (In re Norsworthy). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 04,2007, LexisNexis #1207-078

Czapla v. Rozier (In re Rozier)

Plaintiff creditors brought an adversary complaint against debtor for an order that a judgment obtained against debtor in state court for fraud arising out of breach of a construction contract was excepted from discharge under 11 U.S.C. § 523(a)(3)(B). At issue, inter alia, was the effect, if any, on the enforceability of the judgment that the underlying lawsuit was prosecuted during the pendency of the automatic stay under 11 U.S.C. § 362.
Ruling: 
State court fraud judgment obtained postpetition was not void as debtor did not disclose pendency of chapter 7 case or list plaintiff creditor in schedules.
ABI Membership is required to access the full summary of Czapla v. Rozier (In re Rozier). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re White

Objector, a secured creditor, asserted an objection to a plan proposed by chapter 13 debtors pursuant to which they sought to surrender the vehicle that secured the claim to the creditor in full satisfaction thereof without regard to any possible deficiency. At issue was whether debtors were entitled, pursuant to the "hanging paragraph" in 11 U.S.C. § 1325(a), to surrender the vehicle without making provision for payment of any deficiency.
Ruling: 
Hanging paragraph did not allow debtors to surrender vehicle in full satisfaction of secured claim.
ABI Membership is required to access the full summary of In re White. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Arnell

Chapter 7 debtor filed a motion for sanctions against creditor, a credit union, pursuant to 11 U.S.C. § 362(h).
Ruling: 
Creditor credit union violated stay by exercising unauthorized setoff against debtor's account.
ABI Membership is required to access the full summary of In re Arnell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Freeman

The debtor's proposed chapter 13 plan provided, inter alia, that the debtor would continue to maintain direct payments on her unsecured student loan debt. The chapter 13 trustee objected to confirmation of the proposed plan on the ground that the plan violated 11 U.S.C. § 1322(b)(10), which prohibited payment of postpetition interest on an unsecured, non-dischargeable debt unless the debtor proposed to pay all other allowed claims in full.
Ruling: 
Plan could include interest payments on unsecured nondischargeable debt.
ABI Membership is required to access the full summary of In re Freeman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Robinson

A debtor filed motions, pursuant to 11 U.S.C. § 522(f), to avoid respondent creditors'judgment liens.
Ruling: 
Liens recorded during pendency of debtor's prior chapter 13 case were void and unenforceable.
ABI Membership is required to access the full summary of In re Robinson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Harman

Movant, a real estate agent, applied for compensation on account of services it rendered in connection with the marketing of land belonging to debtor as well as sanctions against debtor for allegedly interfering with movant's efforts to market and sell the land.
Ruling: 
Real estate agents was entitled to commission for producing ready, willing and able buyer for estate property and sanctions for debtor's interference with process.
ABI Membership is required to access the full summary of In re Harman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Tara Sheet Metal Inc.

Movant creditor filed a motion under 11 U.S.C. § 362(i) confirming that the automatic stay terminated as a matter of law with regard to a debtor's personal property.
Ruling: 
Corporate debtor was not required to file statement of intent to reaffirm debt or redeem motor vehicle.
ABI Membership is required to access the full summary of In re Tara Sheet Metal Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Drake