Judge Lane

LaMonica v. North of England Protecting and Indemnity Assoc. (In re Probulk Inc.)

Chapter 7 trustee brought an action against insurers. He filed an emergency motion seeking a temporary restraining order to prevent insurers who had provided coverage for debtors' vessels from canceling outstanding insurance or, to the extent necessary, to require them to restore coverage. The trustee was granted relief. The trustee thereafter filed an adversary proceeding. The trustee sought a preliminary injunction.
Ruling: 
Insurer's termination of debtor's policies pursuant to "cesser clause" was ineffective.
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Commercial case opionion summary, case decided on July 07,2009, LexisNexis #0809-047

Hodges v. Armada (In re Hodges)

Plaintiffs, debtors, filed an adversary proceeding against defendant collection agency contending the agency's action violated the discharge injunction and provisions of the Fair Debt Collection Practices Act ("FDCPA"). The agency attempted to collect a debt for legal fees allegedly owed to the law firm that represented the debtors in their chapter 7 bankruptcy case.
Ruling: 
Collection agency violated discharge injunction by attempting to collect a debt that was discharged.
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