Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Eastern District

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.
ABI Membership is required to access the full summary of In re Gordon-Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Jester

Debtor filed a motion for contempt of the automatic stay of 11 U.S.C. § 362(a) against creditor, the Philadelphia Parking Authority ("PPA"), for the latter's postpetition conduct in seizing and impounding debtor's vehicle and selling it to recover the costs of unpaid, prepetition, parking fines and storage costs.
Ruling: 
Debtor was awarded damages for creditor's willful violation of automatic stay.
ABI Membership is required to access the full summary of In re Jester. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Frascella Enters.

After the debtor filed for chapter 11 bankruptcy, the debtor filed an application to hire a certain law firm as counsel pursuant to 11 U.S.C. § 327(a), and the unsecured creditors objected.
Ruling: 
Debtor's application to hire counsel denied due to failure to completely disclose prior relationship with law firm.
ABI Membership is required to access the full summary of In re Frascella Enters.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Giles. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Meyers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Uzialko

Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion
Ruling: 
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
ABI Membership is required to access the full summary of In re Uzialko. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Cozzone v. Ingui (In re Ingui)

Adversary plaintiff, a judgment creditor of defendant debtor, sought to have the default judgment for $3.8 million he had secured in a state court excepted from the debtor's discharge pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Default judgment was deemed dischargeable since the creditor did not demonstrate that the debtor had willfully and maliciously caused or intended to cause injury to the debtor.
ABI Membership is required to access the full summary of Cozzone v. Ingui (In re Ingui). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Savoie

Before the court was debtors'motion pursuant to Fed. R. Civ. P. 59(e) for reconsideration of the court's order granting the motion of the trustee to dismiss their chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b).
Ruling: 
Court affirmed ruling that the debtors'$15,000 expenditure for private school tuition for their daughter constituted a substantial abuse of chapter 7.
ABI Membership is required to access the full summary of In re Savoie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Miller v. MBM Corp. (In re Ameriking Inc.)

Plaintiff chapter 7 trustee filed an original complaint seeking recovery from defendant transferee of eight alleged transfers aggregating $1,222,901 under 11 U.S.C. §§ 547, 548, 502(d) and 550. The amended complaint asserted the same claims as the original complaint, but added a new two-page exhibit "B," detailing 56 apparently additional transfers totaling $4,959,980. The trustee moved for leave to file a second amended complaint.
Ruling: 
Trustee was denied a motion to further amend a transfer avoidance action complaint on procedural grounds and since the proposed new cause of action was barred by Code section 549(d)'s two-year limitations period.
ABI Membership is required to access the full summary of Miller v. MBM Corp. (In re Ameriking Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Farthing

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.
Ruling: 
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
ABI Membership is required to access the full summary of In re Farthing. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District