Southern District

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 Chatham Parkway Self Storage LLC

Debtor Georgia limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting self-storage units as a debtor-in- possession. The debtor asked the court for permission to use cash collateral it pledged to a bank to pay attorneys' fees and fees charged by its financial advisor, pursuant to 11 U.S.C.S. § 363. The bank opposed the debtor's motion.
Ruling: 
Single asset real estate debtor could use cash collateral to pay fees of attorneys and financial advisor.
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Commercial case opionion summary, case decided on April 25,2013, LexisNexis #0613-043

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 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

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

Gordy v. Stafford (In re Gordy)

Chapter 7 debtor filed a complaint against defendant, an attorney who represented his ex-wife in a divorce proceeding, alleging that she violated the automatic stay, 11 U.S.C.S. § 362, in connection with a contempt action against him in state court. The debtor amended his complaint to join his ex-wife as a defendant. His ex-wife moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Debtor's former spouse was not liable for alleged stay violations by divorce attorney.
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Consumer case opionion summary, case decided on March 12,2013, LexisNexis #0413-075

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

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