Western District

Heyer v. Conesus Milk Producers Coop. Assn (In re Clayson)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor as preferential under 11 U.S.C. §§ 547 and 550. The trustee contended that the creditor failed to perfect its security interest in the debtor's cattle, and its receipt of funds from an auction of such cattle constituted a preference.
Ruling: 
Receipt of funds from a cattle auction was deemed not preferential since the security interest in debtor's cattle was deemed perfected prior to preference period.
ABI Membership is required to access the full summary of Heyer v. Conesus Milk Producers Coop. Assn (In re Clayson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Cinole Inc.

Pending was a tax creditor's motion (the Dismissal/Stay Annulment Motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a Contempt Motion.
Ruling: 
Automatic stay was annulled retroactively to the filing date since cause existed and to allow the city to complete its tax sale of the debtor's foreclosed properties.
ABI Membership is required to access the full summary of In re Cinole Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Cinole Inc.

Pending was a tax creditor's motion (the dismissal/stay annulment motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a contempt motion.
Ruling: 
Debtor's chapter 11 case was dismissed for cause due to filing in bad faith.
ABI Membership is required to access the full summary of In re Cinole Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Bell

In a chapter 13 case, a creditor sought allowance of its secured claim. Debtor sought to treat the deficiency at issue as an unsecured claim.
Ruling: 
Creditor's secured claim on a car was disallowed as long as the debtor surrendered the insurance proceeds from the car that was totaled in an accident during the performance of a confirmed plan.
ABI Membership is required to access the full summary of In re Bell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Belton v. Educ. Credit Mgmt. Corp. (In re Belton)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court previously ruled that the debtor had failed to prove undue hardship. The only issue was whether the collection costs were also nondischargeable, even though the creditor chose not to claim these collection costs for purposes of a distribution in chapter 13.
Ruling: 
Collection costs associated with a student loan debt previously deemed nondischargeable was also deemed nondischargeable.
ABI Membership is required to access the full summary of Belton v. Educ. Credit Mgmt. Corp. (In re Belton). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

IBA Inc. v. Hoyt (In re Hoyt)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.
Ruling: 
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
ABI Membership is required to access the full summary of IBA Inc. v. Hoyt (In re Hoyt). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Davis v. Educ. Credit Mgmt. Corp. (In re Davis)

Plaintiff debtor commenced the present adversary proceeding against defendant creditor for a declaration that her student loan was dischargeable pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Some of student loan debt was discharged as undue hardship, but the remaining portion was deemed not dischargeable and within the debtor's means to repay.
ABI Membership is required to access the full summary of Davis v. Educ. Credit Mgmt. Corp. (In re Davis). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Reiber v. Option One Mortg. (In re Hojnoski)

After debtor filed a chapter 13 bankruptcy petition, plaintiff trustee brought an adversary proceeding against defendant creditor, seeking an order pursuant to 11 U.S.C. §§ 544(b) and 551 to avoid the lien of an unrecorded mortgage on the debtor's residence. Each party moved for summary judgment.
Ruling: 
Lien based on an unrecorded mortgage could not be avoided since a reasonable search of records would have discovered the existence of the mortgage.
ABI Membership is required to access the full summary of Reiber v. Option One Mortg. (In re Hojnoski). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Bartholomew

Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.
Ruling: 
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
ABI Membership is required to access the full summary of In re Bartholomew. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Western District