Southern District

In re Paul

After a landlord obtained a prepetition judgment and writ of possession, it sought relief from the automatic stay to take possession of an apartment rented by a chapter 13 debtor.
Ruling: 
Prepetition eviction judgment on non-monetary basis was not subject to stay.
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Consumer case opionion summary, case decided on June 08,2012, LexisNexis #0712-041

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

Daniel v. Wheeler County State Bank (In re Daniel)

Plaintiff chapter 13 debtor filed a complaint against defendant, her former employer, alleging that the employer discriminated against her in violation of 11 U.S.C.S. § 525(b) by terminating her employment because of her bankruptcy filing. The employer moved for summary judgment.
Ruling: 
Employer who fired debtor after being informed by debtor of bankruptcy but prior to actual filing of petition, was not liable for discrimination on account of bankruptcy.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-120

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

Durden Banking Co. v. McKinney (In re McKinney)

Plaintiff creditor filed a complaint against defendant debtors, a husband and wife, claiming that the debt the debtors owed was excepted from discharge under 11 U.S.C. § 523(a)(4) and § 523(a)(6), and that the debtors should be denied a discharge under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4)(A), (a)(4)(D), (a)(5), and (a)(7).
Ruling: 
Discharge denied due to false testimony at §341 meeting and other omissions and misrepresentations.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0512-092

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 Key

Chapter 13 debtors filed a motion to incur debt in order to improve property inherited more than180 days after they filed their bankruptcy petition.
Ruling: 
Debtor could not incur debt to improve non-estate property.
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Consumer case opionion summary, case decided on February 02,2012, LexisNexis #0312-049

In re Williams

The chapter 13 trustee filed an objection to the confirmation of below median debtor's proposed chapter 13 plan, arguing that, at the time the debtor's repayment of a loan to his 26 U.S.C.S. § 401(k) was repaid, he should be required to increase his payments for the benefit of creditors, given his increased disposable income pursuant to 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Debtor ordered to increase plan payments after 401(k) loan was repaid or to convert or face dismissal.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0612-067

McVay v. Henderson (In re Henderson)

United States Trustee (UST) filed a complaint for revocation of the discharge of defendant debtor under 11 U.S.C.S. § 727(d)(1). The UST alleged that the debtor had failed to disclose $5,000 that she had stashed in her night stand. The court held a trial.
Ruling: 
Nondisclosure of cash due to prescription medicine induced memory problem was not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-062

Arsenault v. JPMorgan Chase Bank (In re Arsenault)

Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that the bank violated 11 U.S.C.S. § 362 and a court order which confirmed the debtor's Chapter 13 bankruptcy plan because it refused to have title to real property transferred from the debtors' names to the bank's name. The bank filed a motion to dismiss for failure to state a claim.
Ruling: 
Bank's refusal to acquire title to property after surrender by debtors did not violate stay.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-108

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