Judge Drake

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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In re Dan River Inc.

Financial advisor for chapter 11 debtors filed a motion for an order compelling the reorganized debtors to pay a final fee, or, alternatively, for entry of judgment on a final fee. The motion was opposed by the debtors and the official committee of unsecured creditors.
Ruling: 
Financial advisor could not compel immediate payment of administrative expense claim where prohibited by confirmed plan.
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In re Rey

The unsecured creditors filed a motion to convert the debtors'substantially consolidated chapter 11 bankruptcy case to a chapter 7 case for cause under 11 U.S.C. § 1112(b); to dismiss the case; or to appoint a chapter 11 trustee.
Ruling: 
Chapter 11 case converted to chapter 7 due to debtor's inability to fund or confirm plan.
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