Southern District

Wallace v. McFarland (In re McFarland)

Ruling: 
Transfer avoided as actively and constructively fraudulent.
ABI Membership is required to access the full summary of Wallace v. McFarland (In re McFarland). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-125

In re Peebles

Ruling: 
Modification of plan to pay creditors from inheritance stipulated to be non-estate property denied.
ABI Membership is required to access the full summary of In re Peebles. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2013, LexisNexis #1013-138

Meredith v. City of Camden Water & Sewer (In re Smith)

Ruling: 
Counsel admonished for failure to used electronic filing system.
ABI Membership is required to access the full summary of Meredith v. City of Camden Water & Sewer (In re Smith). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 16,2013, LexisNexis #1013-068

Tillimon v. Mack (In re Mack)

Ruling: 
Check drawn on insufficient funds was not basis for nondischargeable debt absent evidence of fraudulent intent, larceny or embezzlement.
ABI Membership is required to access the full summary of Tillimon v. Mack (In re Mack). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 23,2013, LexisNexis #0813-053

In re Carlyle

The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
Ruling: 
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
ABI Membership is required to access the full summary of In re Carlyle. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-030

Overstreet v. Ricks (In re Ricks)

Ruling: 
Debtor ordered to turn over non-exempt cash in checking account due to cluster of prepetition withdrawals.
ABI Membership is required to access the full summary of Overstreet v. Ricks (In re Ricks). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0913-087

In re Investors Lending Group LLC

Law firm that represented Official Committee of Unsecured Creditors (the Committee) in a chapter 11 case filed an application for attorneys' fees. The Committee raised an objection to the fee application.
Ruling: 
Fee application of attorney for official committee of secured creditors approved as reasonable over committee's objection.
ABI Membership is required to access the full summary of In re Investors Lending Group LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 08,2013, LexisNexis #0813-074

Flowers v. Flowers (In re Flowers)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(5). In denying her first motion for summary judgment, the court gave the parties an opportunity to address dischargeability under § 523(a)(15). Instead of responding, the creditor filed a second motion for summary judgment, contending that the debt was nondischargeable under § 523(a)(15).
Ruling: 
Debt that debtor admitted was owed in connection with divorce was nondischargeable.
ABI Membership is required to access the full summary of Flowers v. Flowers (In re Flowers). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 19,2013, LexisNexis #0713-055

In re Mixon

A debtor filed a motion for relief from stay under 11 U.S.C.S. § 362(d) in order to pursue a state law case against a judgment creditor to determine the amount of her debt and whether the judgment was proper.
Ruling: 
Debtor denied relief from stay to pursue state court action against creditor that would interfere with bankruptcy.
ABI Membership is required to access the full summary of In re Mixon. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-078

Pages

Subscribe to Southern District