Judge Frank

Miller v. Sallie Mae Inc.

In an adversary proceeding, plaintiff chapter 7 debtor and defendant federal student loan program filed cross-motions for summary judgment to determine whether the debtor's student loan obligation was dischargeable based on undue hardship under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt incurred by severely disabled debtor to fund children's education was nondischargeable given ability to maintain minimal standard of living.
ABI Membership is required to access the full summary of Miller v. Sallie Mae Inc.. 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 July 22,2009, LexisNexis #0809-122

In re DCNC N.C. LLC

Bankruptcy debtors asserted that a creditor which provided initial financing for the debtors' real estate development projects breached its promise to provide future financing. The creditor moved to dismiss the debtors' cases under 11 U.S.C.S. § 1112(b) based on the debtors' lack of good faith in seeking bankruptcy relief and the debtors' inability to reorganize.
Ruling: 
Case dismissed where debtor lacked reasonable prospect of obtaining plan confirmation.
ABI Membership is required to access the full summary of In re DCNC N.C. 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 July 13,2009, LexisNexis #0809-090

In re Kahn

A chapter 7 debtor filed a second emergency motion for equitable relief to recover a repossessed vehicle, lost wages, attorneys' fees, and other damages.
Ruling: 
Bankruptcy court lacked jurisdiction to hear motion for breach of postdischarge reaffirmation agreement where case was closed.
ABI Membership is required to access the full summary of In re Kahn. 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 April 14,2009, LexisNexis #0609-027

In re Mullock

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a mortgage company filed a claim against the debtor's bankruptcy estate and a motion seeking relief under 11 U.S.C.S. § 362(d)(2) so it could enforce a foreclosure judgment it obtained in federal court before the debtor declared bankruptcy. The debtor opposed the motion.
Ruling: 
Relief from stay to foreclose in debtor's second case granted where there was not equity in property of reasonable possibility of effective reorganization.
ABI Membership is required to access the full summary of In re Mullock. 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 April 14,2009, LexisNexis #0609-109

In re Stuart

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors, and a creditor that filed a foreclosure action against the debtor's residence before the debtor declared bankruptcy filed a motion for relief from the stay that was imposed when the debtor declared bankruptcy. In a prior ruling, the court denied the creditor's motion. The creditor filed a motion for reconsideration.
Ruling: 
Denial of relief from stay reversed on reconsideration due to court's misreading of plan and lack of adequate protection.
ABI Membership is required to access the full summary of In re Stuart. 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 15,2009, LexisNexis #0509-034

Park v. Chan (In re Chan)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor had to repay money the creditor invested in the debtor's business, and a judgment that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), (a)(6) and (a)(19). The debtor contested her liability and the nondischargeability of the debt, and she filed a counterclaim and a third-party complaint.
Ruling: 
Creditor's investment in debtor's business was nondischargeable due to debtor's misrepresentations.
ABI Membership is required to access the full summary of Park v. Chan (In re Chan). 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 30,2008, LexisNexis #0209-117

Bryen v. United States (In re Bryen)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking a determination that the debtor's tax liability to the government was discharged. The government moved for summary judgment on the ground that collateral estoppel established that the debtor willfully attempted to evade the taxes, which rendered the tax debt nondischargeable under 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
Prior actions in which debtor was not fully represented or which determined debtor did not engage in sham transactions did not establish dischargeability of tax debt.
ABI Membership is required to access the full summary of Bryen v. United States (In re Bryen). 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 24,2008, LexisNexis #0909-032

In re Janssen

A bankruptcy debtor whose case was closed asserted that his mortgagee initiated foreclosure proceedings against him in violation of the terms of his confirmed chapter 13 plan which was binding on the mortgagee. The debtor moved to reopen his bankruptcy case to prosecute an adversary proceeding against the mortgagee and obtain equitable relief.
Ruling: 
Debtor granted leave to reopen chapter 13 case to file adversary proceeding against mortgage creditor that commenced foreclosure in violation of terms of confirmed plan.
ABI Membership is required to access the full summary of In re Janssen. 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 07,2008, LexisNexis #0909-034

In re Jabarin

A debtor filed a motion to voluntarily dismiss his chapter 7 bankruptcy case for cause and without prejudice, pursuant to 11 U.S.C.S. § 707(a). The chapter 7 and United States trustees opposed the motion.
Ruling: 
Voluntary dismissal denied due to undue prejudice to unsecured creditors.
ABI Membership is required to access the full summary of In re Jabarin. 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 October 15,2008, LexisNexis #1108-083

In re Sacko

Debtor filed a petition under chapter 13 and a plan for repaying his creditors which, inter alia, proposed to cure a delinquency on his residential mortgage. An agent that serviced the debtor's mortgage filed a claim asserting that a company that held that mortgage had a secured claim in the amount of $ 51,766 and was owed $ 19,363.69 in pre-petition arrearages. The debtor filed an objection to the claim.
Ruling: 
Debtor's objection to late filed proof of claim upheld in part so that claim for prepetition mortgage arrearage was allowed in reduced amount.
ABI Membership is required to access the full summary of In re Sacko. 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 17,2008, LexisNexis #1208-029

Pages

Subscribe to Judge Frank