Judge Frank

In re Lewis

On remand from the district court, the court was directed to consider the motion by counsel for chapter 13 debtor, requesting that the court direct the chapter 13 trustee to make a distribution to counsel on account of unpaid counsel fees allegedly earned by counsel in the course of the bankruptcy representation. The court also considered a similar motion from counsel in a second chapter 13 case.
Ruling: 
Motion for distribution of unpaid counsel fees filed just prior to dismissal scheduled for hearing.
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In re Laynas

The court reviewed debtor's reaffirmation agreement under 11 U.S.C. § 524(c)(2), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), Pub. L. No. 109-8, 119 Stat. 23 (2005), and under new section 524(k) and (m) of the BAPCPA. A creditor that initially filed a motion for relief from automatic stay, seeking to repossess debtor's car under state law, entered a signed reaffirmation agreement between it and debtor.
Ruling: 
Reaffirmation agreement was not approved since parties did not appear at hearing to rebut presumption of undue hardship or make clear that debtor could fulfill obligation.
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In re Glunk

Debtor was a physician who was a defendant in prepetition state court litigation in which he was sued for damages after a surgical procedure went awry and resulted in the death of an 18 year old woman. The parents of the decedent, as co-administrators of her estate, moved to dismiss the chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a). Alternatively, the parents sought relief from stay to pursue their state court litigation.
Ruling: 
Dismissal was denied, but relief from automatic stay was granted so state medical malpractice case could continue.
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In re Venuto

Debtors moved to reopen their closed chapter 13 case to obtain further relief from the court, more specifically, for the court to enter an order staying a sheriff's sale of their residence which was scheduled for June 9, 2006.
Ruling: 
Creditor violated discharge injunction by executing on prepetition judgment to remedy a post- cue default.
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In re Gordon-Brown

Debtor filed an objection to the amended proof of claim filed by creditor. The creditor filed the claim as a secured claim in its capacity as servicer of the mortgage on the debtor's residential real estate. In the objection, the debtor challenged certain legal expenses which were set forth in the proof of claim's itemization of the prepetition mortgage arrears.
Ruling: 
Court reduced certain legal expenses set forth in creditor's proof of claim after applying "lodestar" method to determine reasonable fee amount.
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In re Giles

A bankruptcy debtor obtained a loan from a creditor which was secured by the debtor's automobile, and the debtor defaulted on the loan prior to filing her bankruptcy petition, but the creditor did not repossess the automobile. The creditor moved for relief from the automatic stay to enforce its lien, and the debtor moved to avoid the lien under 11 U.S.C. § 522 as impairing the debtor's exemption of the automobile as a tool of her trade.
Ruling: 
Debtor was granted motion to avoid a creditor's lien in an automobile since the lien was nonpossessory and impaired debtor's exemption of the automobile as a tool of debtor's trade.
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In re Meyers

Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
Ruling: 
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
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