Jun
27
2012
In re Randis Inc.
Pursuant to 11 U.S.C.S. § 1121, the "shareholder" sought to file and confirm a small business chapter 11 plan for the small business debtor more than 300 days after the date of the order for relief.
Ruling:
Confirmation of small business plan denied as not filed within 300 days and case dismissed.
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Commercial case opionion summary, case decided on June 27,2012, LexisNexis #0712-092
Jun
08
2012
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
May
16
2012
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
May
04
2012
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
Apr
21
2012
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
Mar
05
2012
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
Mar
03
2012
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
Feb
02
2012
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
Jan
23
2012
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
Oct
19
2011
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
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