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JPMorgan Chase Bank v. McKinney (In re McKinney)

Jun
14
2006
Ruling
Creditor buyer was granted motion for relief from automatic stay since debtor's residence was sold prefiling at foreclosure sale.
Procedural posture

Movant creditor filed a motion for relief from the automatic stay in respondent debtors'chapter 13 bankruptcy case as to a defaulted mortgage.

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opinion summary, case decided on June 14, 2006 , LexisNexis #0706-032
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In re Ring

May
02
2006
Ruling
Court deemed that debtors'failure to provide tax returns to trustees was not grounds for dismissal but declined to issue bright line rule on tax return filings since the requests were not cases or controversies but rather anticipatory motions.
Procedural posture

In two cases filed after enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), consumer debtors sought orders determining that they had not violated the Bankruptcy Code's requirements for providing the chapter 7 and chapter 13 trustees with copies of prebankruptcy tax returns, as required by 11 U.S.C. § 521(e)(2)(A)(i), even though copies of the returns were provided to the trustees in either case.

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opinion summary, case decided on May 02, 2006 , LexisNexis #0606-042
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Brooks v. GMAC (In re Brooks)

Apr
10
2006
Ruling
Creditor did not violate automatic stay by refusing to release its lien on an automobile co - owned by debtor wife and the wife's father.
Procedural posture

Plaintiffs, debtors, filed a complaint against creditor alleging that the creditor violated the automatic stay of 11 U.S.C. § 362(a) and the co-debtor stay of 11 U.S.C. § 1301(a) by refusing to release its lien on an automobile co-owned by the debtor wife and her father.

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opinion summary, case decided on April 10, 2006 , LexisNexis #0506-138
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