Judge Davis

In re Jenkins

A chapter 7 debtor filed a motion pursuant to 11 U.S.C.S. §§ 105(a) and 362(h) asking that a county and his former wife be held in civil contempt for violating both a prior order of the court granting an injunction restraining the county and the former wife from taking any action to enforce collection of pre-petition child support arrears and the automatic stay provisions.
Ruling: 
Debtor awarded damages for former spouse's violation of injunction and stay by having debtor arrested for child support arrearage at § 341 hearing.
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Consumer case opionion summary, case decided on January 02,2013, LexisNexis #0113-105

Beaulieu v. Ragos (In re Ragos)

Bankruptcy debtors voluntarily filed a joint chapter 13 bankruptcy petition. The chapter 13 trustee objected to confirmation of the debtors' plan because the debtors did not dedicate 100% of their social security income to the plan for payment to creditors. After a hearing, U. S. Bankruptcy Court for the Eastern District of Louisiana rejected the trustee's arguments. The trustee appealed.
Ruling: 
Social Security income was properly excluded from projected disposable income calculation.
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Consumer case opionion summary, case decided on October 29,2012, LexisNexis #1112-101

In re McClendon

The ex-wife of a chapter 13 debtor filed a proof of claim for child support arrearages and then filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied where domestic support obligation payment exceeded scheduled plan payment.
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Consumer case opionion summary, case decided on September 17,2012, LexisNexis #1012-031

In re Sportsmans Link Inc.

United States Trustee filed a motion to impose a sanction for violation of Fed. R. Bankr. P. 2014 by a law firm, which acted as counsel for debtor while it was in chapter 11 bankruptcy and as special counsel for the chapter 7 trustee upon the debtor's conversion to chapter 7.
Ruling: 
Fees of firm that acted as counsel for debtor and special counsel for trustee reduced due to undisclosed relationships with creditors.
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Commercial case opionion summary, case decided on July 17,2012, LexisNexis #0812-005

Drake v. Sea Island Bank (In re Collins)

Bank filed a motion to dismiss chapter 7 trustee's 11 U.S.C.S. § 547 preference action.
Ruling: 
Preference proceeding in converted case dismissed pursuant to res judicata based on dismissal of debtor's avoidance proceeding while case was in chapter 11.
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Consumer case opionion summary, case decided on May 16,2012, LexisNexis #0712-026

LSREF2 Baron LLC v. Alexander SRP Apts. LLC (In re Alexander SRP Apts. LLC)

Movant, holder of a $17.3 million promissory note and deed on debtor's apartment complex, sought relief from the automatic stay under 11 U.S.C.S. § 362(d) in order to pursue foreclosure.
Ruling: 
Prepetition waiver of right to object to motion for relief from stay was enforceable.
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Commercial case opionion summary, case decided on April 21,2012, LexisNexis #0712-011

In re Snyder

This matter came before the court for an evidentiary hearing on the confirmation of debtors' amended chapter 13 plan, which drew a creditor's objection.
Ruling: 
Confirmation denied as debtor could not surrender one parcel of real property and cram down claim secured by others.
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Consumer case opionion summary, case decided on April 02,2012, LexisNexis #0412-136

In re Gillikin

A bankruptcy debtor proposed a disclosure statement regarding the debtor's proposed plan which provided for interest on a creditor's over-secured claim based on the prime rate plus risk adjustments. The creditor objected to the disclosure statement and asserted that the creditor was entitled to the higher contract rate of interest set out in promissory notes.
Ruling: 
Contract rate of interest rather than adjusted prime was proper for creditor's claim based on terms of promissory note.
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Consumer case opionion summary, case decided on March 03,2012, LexisNexis #0312-119

In re Juliano

The chapter 13 debtors filed a motion for sanctions and attorneys' fees pursuant to 11 U.S.C.S. § 362(k) for a creditor's alleged willful violation of the automatic stay. The creditor was properly served with the motion. An order granting a motion on default was issued.
Ruling: 
Damages awarded for creditor's violation of stay by withdrawing installment payments from debtor's account.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0312-114

Onteroa Assocs. v. Village of Fleischmanns (In re Onteora Assocs.)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant village alleging that a pre-petition in rem tax foreclosure proceeding by the village against the debtor's property was avoidable as a fraudulent transfer under 11 U.S.C.S. § 548 based on the village providing less than reasonably equivalent value for the property. The debtor moved for summary judgment.
Ruling: 
Tax foreclosure in which village obtained title postpetition was not avoidable.
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Commercial case opionion summary, case decided on August 11,2011, LexisNexis #1111-052

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