Judge Murphy

Vaughn v. Pipkin (In re Vaughn)

Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.
Ruling: 
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
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In re Bramlett Plumbing Inc.

In August, 2005, the debtors filed an application to employ an accounting firm, and the application disclosed that the debtors had paid the firm a prepetition retainer. The court advised debtors that the filing was deficient and the debtors filed a pleading withdrawing the application. The debtors were directed to file a report disclosing the actual amount of the retainer and its disposition.
Ruling: 
Debtors'counsel was ordered to refund the debtor a retainer that had been characterized to the court as for bankruptcy case services but that had been applied to a prepetition services debt.
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Cit GroupSales Fin. Inc. v. Kim (In re Kim)

Plaintiff creditor, which financed defendant debtor's purchase of a motor home based upon debtor's misrepresentations as to the purchase transaction, sought an order of nondischargeability of the purchase debt under either 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), or (a)(6). The creditor moved for summary judgment.
Ruling: 
Debt was deemed nondischargeable where a debtor made misrepresentations to secure financing and the creditor justifiably relied on these representations.
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Oliver v. Samadi (In re Oliver)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant secured creditor, challenging the extent of the creditor's claim. Upon remand from the district court, the bankruptcy court considered issues related to the creditor's entitlement to interest and punitive damages which were unresolved by prior orders.
Ruling: 
Creditor was entitled to postpetition and postdischarge interest on untimely loan repayments but not late charges and expenses since the latter were not provided for by agreement.
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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.
Ruling: 
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
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