Maine

Braemer v. Lowey

Appellant, a former lead plaintiff for a class of consumers who were harmed by the debtor corporation, challenged the bankruptcy court's order authorizing appellee plan fiduciary and the debtor corporation to enter into a sale agreement in furtherance of the chapter 11 plan. The plan fiduciary moved to dismiss the appeal. The court suspended the briefing of the actual appeal in order to first address a motion to dismiss the appeal as moot.
Ruling: 
Appeal of order authorizing sale of debtor's property dismissed on grounds of mootness.
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Commercial case opionion summary, case decided on February 24,2009, LexisNexis #0409-035

In re Granger

Plaintiffs, debtors in separate bankruptcies, each filed an adversary proceeding against defendant creditor, the Maine Department of Environmental Protection, to determine the dischargeability of a debt. The parties filed cross-motions for summary judgment.
Ruling: 
Penalty portion of debt owed to state environmental commission for violations was nondischargeable but reduced to the extent debtors made postpetition payments.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-013

Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)

Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
Ruling: 
Creditor violated discharge injunction by publishing inaccurate credit report.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #1208-066

Young v. Camelot Homes Inc. (In re Young)

Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.
Ruling: 
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0908-048

In re Littlefield

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A creditor sought relief from the automatic stay, asserting that the periodic payments made to it toward a purchase money lien it retained on a dump truck fell short of providing adequate protection. The creditor also objected to the debtors' motion to allow and disallow claims.
Ruling: 
Hanging paragraph applied to bar modification of claim secured by dump truck acquired for nonpersonal use within one year of filing.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0708-019

In re Look

A creditor objected to confirmation of a debtor's chapter 13 plan.
Ruling: 
Incorporation of negative equity into motor vehicle loan precluded application of anti- bifurcation provision of hanging paragraph.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0408-019

In re Dilley

An involuntary petition in bankruptcy was filed against the debtor in court. The trustee gave notice of his intention to abandon all of the property placed in trust by the debtor for the benefit of his three children, pursuant to 11 U.S.C. § 554. Two conservators for two of the children and the estate of the debtor's late wife objected to the abandonment.
Ruling: 
Trustee could abandon property placed in trust for children of involuntary debtor who billed estranged wife and mother.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-136

JPMorgan Chase Bank v. McKinney (In re McKinney)

Movant creditor filed a motion for relief from the automatic stay in respondent debtors'chapter 13 bankruptcy case as to a defaulted mortgage.
Ruling: 
Creditor buyer was granted motion for relief from automatic stay since debtor's residence was sold prefiling at foreclosure sale.
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In re Ring

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.
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.
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Brooks v. GMAC (In re Brooks)

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.
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.
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