Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Judge Bailey

In re Wyman

This matter was before the court on the objection of the standing chapter 13 trustee to debtors' claimed exemption under 11 U.S.C.S. § 522(d)(10)(A) of a lump-sum unemployment compensation payment in the amount of $33,850. Debtor received this payment shortly before his bankruptcy filing.
Ruling: 
Lump sum unemployment compensation payment received just prior to petition date was not exempt.
ABI Membership is required to access the full summary of In re Wyman. 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 27,2010, LexisNexis #1110-117

Fitzgerald v. Gorman (In re Gorman)

United States Trustee (UST) filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A).
Ruling: 
Discharge denied due to debtor's nondisclosure of interests in several business entities.
ABI Membership is required to access the full summary of Fitzgerald v. Gorman (In re Gorman). 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 15,2010, LexisNexis #1110-027

Danvers Sav. Bank v. Alexander (In re Alexander)

Plaintiff creditor, a bank, filed this adversary proceeding in the bankruptcy case of defendant debtor to determine the dischargeability of the debtor's judgment debt to the creditor arising from losses sustained due to a check kiting scheme. The creditor contended that the debt was exempt from discharge under 11 U.S.C.S. § 523(a).
Ruling: 
Debt was dischargeable absent evidence of willful intention to deceive.
ABI Membership is required to access the full summary of Danvers Sav. Bank v. Alexander (In re Alexander). 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 March 30,2010, LexisNexis #0610-050

In re Massillon

The chapter 7 trustee filed an objection to the debtor wife's claim of exemption as to her interest, valued at approximately $ 62,000, in a testamentary spendthrift trust governed by New York law. At issue was whether 11 U.S.C.S. § 541(c)(2), excluded her rights to distributions from the bankruptcy estate, rendering them exempt under 11 U.S.C.S. § 522(d)(5), or whether the exemption was limited.
Ruling: 
Debtor spouse's distributions from spendthrift trust were not excluded from estate.
ABI Membership is required to access the full summary of In re Massillon. 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 March 10,2010, LexisNexis #0510-094

Taratuska v. Educational Res. Inst. Inc. (In re Taratuska)

Chapter 7 debtor filed an adversary proceeding against defendants, a private lender and the U.S. Department of Education (DOE), seeking a determination that student loan debts she owed to the lender and the DOE were dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
Ruling: 
Student loan debt was dischargeable as causing "psychological hardship" on debtor.
ABI Membership is required to access the full summary of Taratuska v. Educational Res. Inst. Inc. (In re Taratuska). 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 February 12,2010, LexisNexis #0410-068

Wolfe v. Greentree Mortg. Corp.

Plaintiff debtor filed a voluntary petition in bankruptcy. The debtor then sued defendants, corporations, and alleged unconscionable inducement of the loan, misconduct by a notary public, breach of contract, estoppel preventing foreclosure on the loan, illegal debt collection, and illegal return of payment. The action sought, inter alia, invalidation of the deed of trust and damages. The corporations removed the case. The debtor moved to remand.
Ruling: 
Mandatory abstention not applicable to core proceeding for invalidation of deed of trust.
ABI Membership is required to access the full summary of Wolfe v. Greentree Mortg. Corp.. 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 January 26,2010, LexisNexis #0210-131

In re Budryk

A bankruptcy debtor who owned rental properties proposed a reorganization plan but the mortgagee of the properties objected to confirmation of the plan on the ground that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11).
Ruling: 
Mortgagee's feasibility objection to plan confirmation sustained.
ABI Membership is required to access the full summary of In re Budryk. 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 December 03,2009, LexisNexis #0110-063

In re Blake

Bankruptcy debtors proposed a plan which provided that mortgage creditors would receive monthly payments having a present value of the fair market value of the debtors' rental properties on the date of confirmation. The creditors objected to confirmation of the debtors' plan on the ground that the proper date of valuation was the date the debtors commenced their bankruptcy case.
Ruling: 
Plan confirmed over creditor's objection to using confirmation date as date of valuation for cramdown.
ABI Membership is required to access the full summary of In re Blake. 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 November 30,2009, LexisNexis #1209-133

Arbogast v. Wells Fargo Auto Fin. Inc.

Plaintiffs, buyers, asserted claims for assignee liability for certain breach of contract allegations and alleged, unspecified violations of the West Virginia Consumer Credit and Protection Act committed by a automobile dealership relating to the contract between the dealership and the buyers. The contract was assigned to defendant bank and the buyers' alleged assignee liability. The bank moved for summary judgment.
Ruling: 
Claim by debtor against bank as assignee of motor vehicle dealership for breach of installment contract not disclosed in schedules remained property of the estate.
ABI Membership is required to access the full summary of Arbogast v. Wells Fargo Auto Fin. Inc.. 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 October 21,2009, LexisNexis #1109-087

In re Everest Crossing LLC

A landlord moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to permit it to exercise its rights under a lease, including to proceed to state court to evict debtor for non-payment of rent and other defaults under the lease.
Ruling: 
Relief from stay to proceed with eviction denied where landlord did not properly terminate lease.
ABI Membership is required to access the full summary of In re Everest Crossing 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 September 17,2009, LexisNexis #1109-007

Pages

Subscribe to Judge Bailey