Judge Sigmund

In re Taylor

Debtors objected to a mortgagee's claim and, upon the mortgagee's failure to produce a mortgage loan history, the mortgagee's attorney explained that he had no personal access to the mortgagee and communicated with the mortgagee only through an electronic information system. The mortgagee, its attorneys, and its agents were directed to show cause why sanctions should not be imposed for unprofessional conduct.
Ruling: 
Mortgagee and its lawyer sanctioned for pursuing claim where lawyer's sole contact with mortgagee was through electronic information system.
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Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0809-059

In re Tezla

The debtor moved for contempt against a collection agency pursuant to 11 U.S.C.S. § 362(k).
Ruling: 
Repeated automated collection calls were willful violations of stay for which debtor was awarded punitive damages.
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Consumer case opionion summary, case decided on January 28,2009, LexisNexis #0309-043

In re Patton

A bankruptcy trustee moved to dismiss a bankruptcy debtor's case with sanctions, based on the debtor's lack of good faith in filing serial chapter 13 bankruptcy petitions which were unsuccessful.
Ruling: 
Debtor's third chapter 13 case filed to defeat foreclosure dismissed for lack of good faith.
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Consumer case opionion summary, case decided on January 20,2009, LexisNexis #0309-020

In re Dixon

The acting United States trustee filed a motion to dismiss a chapter 13 debtors' case pursuant to 11 U.S.C.S. § 1307(c). A judgment creditor joined the trustee's request for dismissal.
Ruling: 
Case dismissed due to debtor's "cavalier" attitude towards filing schedules.
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Consumer case opionion summary, case decided on January 20,2009, LexisNexis #0309-053

In re H.H. Distribs. LP

Before the court were requests to confirm a Consolidated First Amended Plan of Reorganization (Distributions Plan) of three debtors, and a Consolidated Second Amended Plan of Reorganization (RE Plan) of two debtors. Objections to both Plans were filed by the U.S. Trustee (UST) and a pension fund. Moreover, as the fund controlled the class of unsecured creditors and rejected both Plans, confirmation was sought pursuant to 11 U.S.C.S. § 1129(b).
Ruling: 
Confirmation denied where plan was not feasible and violated absolute priority rule.
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Commercial case opionion summary, case decided on January 16,2009, LexisNexis #0609-019

In re Aulicino

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and movant, the debtor's former spouse, filed a motion for relief from the automatic stay that was imposed when the debtor declared bankruptcy. The chapter 7 trustee opposed the motion, claiming that he had an interest under 11 U.S.C.S. § 544(a)(3) in a house the debtor and her former spouse owned as tenants by the entireties that trumped the former spouse's interest.
Ruling: 
Tenancy by the entireties interest in property prevented trustee from claiming interest.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0309-121

In re Brunson

Following plan confirmation, a creditor filed a motion for relief from the automatic stay in a debtor's chapter 13 bankruptcy case based on the debtor's failure to make any post- petition payments to the creditor.
Ruling: 
Postconfirmation motion for relief from stay denied due to application of res judicata.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-130

In re Burch

Movants, a real estate broker and a landlord, filed a motion for relief from the automatic stay under 11 U.S.C.S. § 363(d)(1), or in the alternative for declaratory relief, to allow the landlord to exercise state law remedies against the chapter 13 debtor/tenant.
Ruling: 
Relief from stay granted to allow landlord to enforce prepetition notice to quit against debtor Section 8 tenant on grounds of expiration of lease.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0209-107

In re Roberts

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to a plan the debtors proposed for repaying their creditors, and a motion to dismiss the debtors'bankruptcy case.
Ruling: 
BAPCPA did not require debtors to step up plan payments after repaying pension plan loans midway through plan.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1108-091

In re Kholyavka

The United States Trustee (UST) filed a motion to convert a chapter 11 debtor's case to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112.
Ruling: 
Chapter 11 case dismissed rather than converted to chapter 7 in order to serve best interests of creditors.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #1108-127

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