Judge Murphy

In re Webb

The debtors moved for confirmation of their chapter 13 plan in which they proposed to make regular monthly payments directly to their student loan creditors with a one percent payout to all other unsecured creditors. The chapter 13 trustee filed objections to confirmation on the grounds that the direct payments to the student loan creditors discriminated unfairly against the other unsecured creditors in violation of 11 U.S.C. § 1322(b)(10).
Ruling: 
Direct payment to student loan creditors allowed under plan for benefit of unsecured creditors.
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Ampel v. Ampel (In re Ampel)

Movant husband sought relief from the automatic stay to obtain a determination in state court of dischargeability under 11 U.S.C. § 523(a)(5) of certain obligations of his ex- wife, respondent, debtor. That motion was denied, but in connection with the motion, the husband may have violated the automatic stay when he continued postpetition to deduct from the debtor's monthly alimony payments amounts to repay certain debts owed by the debtor.
Ruling: 
Former spouse's deductions from monthly alimony payments to debtor were impermissible setoffs in violation of stay.
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Guerra v. Ampel (In re Ampel)

Plaintiff attorney filed a motion for summary judgment on her adversary complaint alleging that her claim for guardian ad litem fees was nondischargeable under 11 U.S.C. § 523(a)(5). The debtor filed a motion for sanctions.
Ruling: 
Guardian ad litem fees were in the nature of support and and nondischargeable.
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Wells Fargo Bank v. Alexander (In re Alexander)

Respondent debtor filed a motion for a stay pending appeal of an order, which granted movant creditor's request for relief from the automatic stay and for in rem relief.
Ruling: 
Motion for stay pending appeal of order for relief from stay absent facts supporting likihod of success.
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Goodman v. GMAC Mortgage (In re Turner)

Movant chapter 13 trustee filed a motion seeking guidance as to the disbursement of the excess funds from the foreclosure sale of a debtor's property. Respondent creditor sought payment of its second mortgage from the foreclosure proceeds.
Ruling: 
Creditor was not entitled to payment of attorneys' fees from excess foreclosure proceeds where fees were attributable to creditor's inefficiency and incompetency.
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Am. Express Ceturion Bank v. Chowdhury (In re Chowdhury)

Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor filed a motion for default judgment.
Ruling: 
Creditor was granted motion for default judgment since debtors lacked ability to pay credit card charges at time they made them and subsequently.
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Anderson v. Sandstone Estates LLC (In re S & W Intl Food Specialies Inc.)

Plaintiff chapter 7 trustee's filed an adversary proceeding against defendant home builder seeking to avoid a fraudulent transfer pursuant to 11 U.S.C. § 548 and to recover funds pursuant to 11 U.S.C. § 550. The home builder filed a motion for partial summary judgment contending that it was not an initial transferee under section 550(a). The Trustee filed a cross-motion for summary judgment.
Ruling: 
Transfer was deemed fraudulent, and trustee was entitled to recover from home builder, which was deemed initial transferee.
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Ryan v. Reynolds (In re Reynolds)

Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who was a construction contractor, seeking a determination that the owners'state-court judgment against the debtor for failing to pay a supplier of the debtor from funds provided by the owners was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The owners moved for summary judgment.
Ruling: 
Home owners'motion for summary judgment was denied since state court judgment against contractor did not establish nondischargeability.
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In re Champion-Lee

Petitioner debtor filed a motion to convert his chapter 7 case to a chapter 13 case. Respondent chapter 7 trustee objected to the conversion, asserting that the debtor's motion to convert and chapter 13 plan were not proposed in good faith under 11 U.S.C. § 1325(a)(3).
Ruling: 
Court granted debtor's motion to convert case over trustee's claim of debtor bad faith since it appeared debtor could propose confirmable plan and conversion was in best interests of creditors.
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Warner Mayoue Bates & Nolen P.C. v. Cook (In re Cook)

Plaintiff law firm brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor owed fees for the firm's representation of the debtor in her subsequently dismissed divorce proceedings, and that the debt was nondischargeable under 11 U.S.C. § 523(a)(15). The debtor moved for summary judgment on the ground that the firm lacked standing to pursue nondischargeability under section 523(a)(15).
Ruling: 
Law firm owed fees for representating debtor in divorce proceeding lacked standing to assert nondischargeability claim under section 523(a)(15).
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