Holland v. McCartney (In re Holland)
Jul
30
2015
Ruling
Objections to proofs of claim in no-asset case dismissed as serving no bankruptcy purpose.
Issue(s)
Should objections to proofs of claim in no-asset case be dismissed?
ABI Membership is required to access the full summary of Holland v. McCartney (In re Holland) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
U.S. Bank N.A. v. Poole (In re Poole)
Jun
29
2015
Ruling
Stay lifted where debtors' equity of redemption in property had terminated.
Issue(s)
Should a bank be granted relief from stay in order to continue proceedings related to the prepetition foreclosure sale it conducted on debtor's property?
ABI Membership is required to access the full summary of U.S. Bank N.A. v. Poole (In re Poole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Overstreet v. Roberts (In re Hendrix)
May
05
2015
Ruling
Bankruptcy court abstained from adversary proceeding to the extent involving state law issues.
Issue(s)
Should the bankruptcy court exercise permissive abstention with regard to trustee's adversary proceeding claiming wrongful foreclosure under state law?
ABI Membership is required to access the full summary of Overstreet v. Roberts (In re Hendrix) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Souther v. Tate (In re Tate)
Oct
17
2014
Ruling
Debtor ordered incarcerated for ongoing contempt of court order.
Issue(s)
Did basis exist to support bankruptcy court's order to incarcerate debtor for contempt of turnover order?
ABI Membership is required to access the full summary of Souther v. Tate (In re Tate) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Everette v. Ocwwen Loan Servicing LLC (In re Everette)
Sep
04
2014
Ruling
Pro se complaint for declaratory judgment and alleging stay violation was insufficient and improperly served but leave to amend was granted.
Issue(s)
Should pro se debtor's complaint for declaratory judgment and damages for violation of the automatic stay be dismissed due to failure to state a claim and improper service?
ABI Membership is required to access the full summary of Everette v. Ocwwen Loan Servicing LLC (In re Everette) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Pioneer Constr. Inc. v. May (In re May)
Aug
29
2014
Ruling
Consent judgment for breach of contract was not a basis for nondischargeable debt.
Issue(s)
Did state court consent judgment for willful conversion of payments for real property improvements establish nondischargeability of creditor's claim?
ABI Membership is required to access the full summary of Pioneer Constr. Inc. v. May (In re May) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bank of the Ozarks v. Coastal Realty Inc. (In re Coastal Realty Invs. Inc.)
Mar
10
2014
Ruling
Secured creditor allowed reasonable and necessary fees and expenses incurred in state court action and adversary proceeding.
Issue(s)
Was oversecured creditor entitled to attorneys' fees incurred in both state court action and adversary proceeding against the debtor?
ABI Membership is required to access the full summary of Bank of the Ozarks v. Coastal Realty Inc. (In re Coastal Realty Invs. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Deere Credit Inc. v. Wiley (In re Wiley)
Jan
24
2014
Ruling
Administrative expense claim for expenses under equipment lease filed more than one year after confirmation disallowed as untimely.
Issue(s)
Was creditor's administrative expense claim for expenses owed under an equipment lease filed more than one year after confirmation untimely.
ABI Membership is required to access the full summary of Deere Credit Inc. v. Wiley (In re Wiley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Statesboro Mall LLC v. Green (In re Green)
Jan
15
2014
Ruling
Landlord not entitled to administrative expense claim for postpetition rent that was guaranteed by debtor.
Issue(s)
Was landlord entitled to administrative expense claim for postpetition rent pursuant to lease that was guaranteed by debtor prepetition.
ABI Membership is required to access the full summary of Statesboro Mall LLC v. Green (In re Green) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Reed v. Reed (In re Reed)
Jan
14
2014
Ruling
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
Issue(s)
Should debtor be denied a discharge due to failure to keep current on postpetition child support obligation and false certification of currency grounds.
ABI Membership is required to access the full summary of Reed v. Reed (In re Reed) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: