Bates v. CitiMortgage, Inc.
Dec
14
2016
Ruling
District court did not err in ruling that lender did not violate discharge injunction ininforming debtor of potential tax consequences from foreclosure. (1st Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Court
:
( Judge Thompson ) [ Circuit Court ]
- 11 U.S.C.
Pinpoint IT Servs. LLC v. Rivera (In re Atlas IT Exp. Corp.)
Aug
04
2014
Ruling
Denial of relief from stay for cause was not a final appealable order.
Issue(s)
Was denial of relief from stay for cause a final appealable order?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Andrews v. McCarron (In re Vincent Andrews Mgmt. Corp.)
Mar
26
2014
Ruling
Debt properly held nondischargeable due to collateral estoppel effect of state court judgment.
Issue(s)
Was state court fraud judgment properly held to have preclusive effect in a subsequent nondischargeability proceeding?
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Court
:
- 11 U.S.C.
Toye v. ODonnell (In re ODonnell)
Aug
26
2013
Ruling
Debt was nondischargeable where personal financial statement was made with intent to deceive.
Issue(s)
Was materially false financial statement grounds for nondischargeable debt?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sharfarz v. Goguen (In re Goguen)
Aug
15
2012
Ruling
Bankruptcy appellate panel erred in reversing bankruptcy court's finding that state court judgment based on debtor contractor's deliberately deceitful conduct was nondischargeable.
Procedural posture
After appellee debtor filed for bankruptcy, appellant creditor petitioned to have his judgment of $272,745.50 against the debtor declared nondischargeable, relying on 11 U.S.C.S. § 523(a)(2)(A), which barred discharge of any debt obtained by misrepresentation or fraud. The bankruptcy court granted his petition as to $88,000 of the debt. The Bankruptcy Appellate Panel for the First Circuit (BAP) reversed. Plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available
Laboy v. Doral Mortg. Corp. (In re Laboy)
May
27
2011
Ruling
Bankruptcy court erred in denying debtors the opportunity to prove damages due to creditor's violation of stay.
Procedural posture
Concluding that the cancellation of a mortgage was a sufficient remedy for a willful violation of the automatic stay, the bankruptcy court denied appellant debtors' request for a hearing on damages. The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision. The debtors appealed.
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Court
:
Judge or Jurisdiction information not available
In re Colonial BancGroup Inc.
Jan
07
2010
Ruling
Court declined to extend stay to non-debtor co-defendant in securities litigation.
Procedural posture
A lead plaintiff brought suit against defendants, underwriters, corporation, officers, directors, and limited liability company, pursuant to §§ 10(b) and 20(a) (15 U.S.C.S. § 78j(b) and 78t(a)) of the Securities Exchange Act of 1934, and Rule 10b-5, 17 C.F.R. § 240.10b-5. The underwriters moved to extend the automatic stay provisions under 11 U.S.C.S. § 362(a) beyond the corporation to all the parties in the suit.
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Court
:
In re Lantzy
Dec
29
2009
Ruling
Debtors not eligible under chapter 13 due to debt in excess of limits.
Procedural posture
The chapter 13 Trustee objected to confirmation of debtors' plan because debtors allegedly exceeded the unsecured debt limit of $ 336,900 under 11 U.S.C.S. § 109(e).
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Court
:
- 28 U.S.C.
Wachovia Bank v. Carroll
Feb
10
2009
Ruling
Court voluntarily abstained from hearing severable state law dispute between debtor corporation vice president and bank over loan secured by corporate property.
Procedural posture
Plaintiff bank sued defendant vice president, company, and another entity in state court, seeking satisfaction of a personal loan that was owed by the vice president, but secured by the company's property. The bank removed the lawsuit to federal court pursuant to 28 U.S.C.S. §§ 1334(b), 1446, and 1452, and Fed. R. Bankr. P. 9027. The company moved to abstain or remand.
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Court
:
- 11 U.S.C.
Parker v. Pioneer Credit Co. of Ala. Inc.
Sep
10
2008
Ruling
Lodestar method properly used to determine fee award in stay violation proceeding.
Procedural posture
Appellant creditor challenged an award of attorneys' fees to appellee debtor by the U.S. Bankruptcy Court for the Middle District of Alabama, Southern Division. At issue was whether the fees awarded pursuant to 11 U.S.C.S. § 362(k)(1) were excessive and unreasonable.
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Court
: