Judge Davis

In re Hardigan

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") and a bank filed motions seeking an order under 11 U.S.C.S. § 707(b)(3)(B) which converted the debtor's case to one under chapter 11 of the Bankruptcy Code or dismissed the case. The court denied the UST's and the bank's motion for summary judgment and held a hearing on the motions.
Ruling: 
Conversion or dismissal denied where debtor's income was insufficient to support a chapter 11 plan.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-130

In re Schuman

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors. After the debtor's plan was confirmed, her attorney filed an application seeking an interim award of $9,652.50 in attorney's fees and $245.60 in expenses under 11 U.S.C.S. §§ 330 and 331. The court held a hearing on the application.
Ruling: 
Attorneys' fee application approved in reduced amount due to excessive hours billed.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-108

Dittenber v. Brown (In re Brown)

Debtor's ex-husband (creditor), initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. The creditor asserted that pursuant to 11 U.S.C.S. § 523(a)(15), debtor's obligations under a Divorce Agreement and a Contempt Agreement were nondischargeable. Before the court was his Motion for Summary Judgment. Debtor did not file a response to the motion.
Ruling: 
Debtor's obligation under divorce agreement to indemnify and hold spouse harmless was nondischargeable although underlying obligation to creditor was dischargeable.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0513-052

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

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