Judge Barrett

Yearby v. Shekastehband (In re Yearby)

Ruling: 
Landlord's testimony in grand jury investigation that led to debtor's incarceration did not violate stay.
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Consumer case opionion summary, case decided on November 22,2013, LexisNexis #1213-074

Wallace v. McFarland (In re McFarland)

Ruling: 
Transfer avoided as actively and constructively fraudulent.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-125

Tillimon v. Mack (In re Mack)

Ruling: 
Check drawn on insufficient funds was not basis for nondischargeable debt absent evidence of fraudulent intent, larceny or embezzlement.
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Consumer case opionion summary, case decided on July 23,2013, LexisNexis #0813-053

In re Carlyle

The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
Ruling: 
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
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Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-030

Tipsy McStumbles LLC v. Griffin (In re Griffin)

Creditors filed an adversary complaint for a judgment that a monetary sanction owed by defendant debtor under a contempt judgment entered by a federal district court (FDC) based on debtor's conduct in violating a preliminary injunction (PI) was nondischargeable in debtor's chapter 7 per 11 U.S.C.S. § 523(a)(7).
Ruling: 
Contempt sanction was not payable to governmental unit and was dischargeable.
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Consumer case opionion summary, case decided on May 10,2013, LexisNexis #0613-054

In re Oliver

Before the court was a pro se motion to waive the credit counseling requirement filed by debtor. The motion asserted that because of debtor's "incapacity" and "disability" the court should waive the requirement that he obtain credit counseling.
Ruling: 
Case dismissed due to failure to meet credit counseling requirement or show attempt to comply, disability or incapacity.
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Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0413-071

In re Davis

The United States Trustee (UST) filed a motion to dismiss pursuant to 11 U.S.C.S. § 707(b) seeking dismissal of a case converted from chapter 13 to chapter 7 based upon the presumption of abuse under 11 U.S.C.S. §707(b)(2) or in the alternative, seeking dismissal for bad faith under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Section 707(b) applies to cases converted to chapter 7.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-131

In re Castleberry

Before the court was a motion for turnover filed by debtor seeking an order requiring the chapter 13 trustee to turnover non-exempt insurance proceeds acquired post-confirmation due to an automobile accident.
Ruling: 
Postconfirmation, nonexempt insurance proceeds for property damage were not property of the estate and could be turned over to debtor.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-102

In re DAntignac

Chapter 13 debtor filed a motion to reopen her bankruptcy case pursuant to 11 U.S.C.S. § 350. The debtor's former employer objected.
Ruling: 
Debtor could not reopen chapter 13 case to administer previously undisclosed employment discrimination claim.
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Consumer case opionion summary, case decided on February 19,2013, LexisNexis #0313-069

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