Judge Barrett

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

In re Zow

A chapter 7 debtor filed an emergency motion for permission to proceed in forma pauperis under 28 U.S.C.S. § 1915 on his appeal of an order denying his motion seeking a bankruptcy judge's disqualification.
Ruling: 
Permission for chapter 7 debtor to proceed in forma pauperis denied given evidence of ability to pay.
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Consumer case opionion summary, case decided on February 01,2013, LexisNexis #0513-069

In re Jerath Hospitality LLC

Chapter 11 debtor submitted its proposed plan for confirmation. The proposed plan would pay the obligation owing to the state department of revenue's claim amortized over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. The department of revenue filed an objection to the plan.
Ruling: 
Bankruptcy Code language requiring "regular payments" under plan did not preclude balloon payments.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-030

Boudreaux v. Sheffield (In re Sheffield)

Citing 11 U.S.C.S. § 363(h), movant, the chapter 7 trustee for debtor daughter, asked the court to authorize a forced sale of a residence in which debtor had a remainder interest. The co-owners of the residence were debtor's parents. At issue was whether the benefit to be realized by debtor's estate upon such a sale outweighed the detriment to her parents.
Ruling: 
Court denied motion for sale of residence where detriment to holders of life estate outweighed benefit to estate of debtor holding remainder interest.
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Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-066

ClearOne Communs. Inc. v. Bowers (In re Bowers)

Chapter 7 debtor filed a motion for sanctions pursuant to 11 U.S.C.S. § 362(k) and Fed. R. Bankr. P. 9011 against a creditor and objected to the trustee's final report and application for compensation addressing proposed distributions to the creditor.
Ruling: 
Creditor's pursuit of sanctions against third parties and surveillance of debtor as research for service of process did not violate stay.
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Consumer case opionion summary, case decided on December 10,2012, LexisNexis #0113-008

Thompson v. Barbee (In re Barbee)

Plaintiff creditors sought a denial of discharge of all of the debtor's obligations pursuant to 11 U.S.C.S. § 727(a)(4)(A), and alternatively sought a determination that a $100,000 loan from the creditors to the debtor was non-dischargeable pursuant 11 U.S.C.S. § 523(a)(2)(A), (4) and (6).
Ruling: 
Loan debt was nondischargeable due to debtor's fraudulent misrepresentation that he would use receivables to repay creditor.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-081

In re Waltower

Movant property owners filed a motion pursuant to 11 U.S.C.S. § 362(j), seeking confirmation that the automatic stay that was imposed when debtors declared chapter 13 bankruptcy was no longer in effect as to real property the debtors surrendered to a bank. The court held a hearing on the owners' motion.
Ruling: 
Automatic stay terminated with regard to property surrendered to bank.
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Consumer case opionion summary, case decided on September 07,2012, LexisNexis #1012-045

In re Whigham

An entity and a married couple whose cases were being jointly administered (collectively, the debtors), filed a joint motion to extend the exclusivity periods within which to file a plan and obtain acceptances pursuant to 11 U.S.C.S. § 1121(d). A creditor objected to the motion.
Ruling: 
Motion to extend exclusivity periods granted due to good faith progress towards reorganization.
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Consumer case opionion summary, case decided on September 06,2012, LexisNexis #1012-026

Brown v. Branch Banking & Trust Co. (In re Brown)

Plaintiff debtor filed this adversary proceeding alleging that defendant creditor was: (1) in willful contempt of the Confirmation Order, (2) in willful violation of the automatic stay under 11 U.S.C.S. § 362, and (3) liable for damages under 11 U.S.C.S. § 362(k). Debtor sought actual damages as well as punitive damages in the amount of $150,000 and attorney fees and litigation expenses. The creditor moved to dismiss, Fed. R. Civ. P. 12(b)(6).
Ruling: 
Creditor did not violate stay by failing to take affirmative steps to accept surrendered property.
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Consumer case opionion summary, case decided on September 04,2012, LexisNexis #1012-073

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