Eastern District

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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IndyMac Bank v. Kogan (In re Kogan)

Plaintiff bank filed a complaint seeking a declaratory judgment upholding the bank's mortgage lien and invalidating defendant creditors'judgment lien on defendant debtors'realty.
Ruling: 
Bankruptcy court lacked subject matter jurisdiction over claims to escrowe funds that were abandoned by trustee.
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In re Ragland

In two chapter 13 cases, counsel for debtors filed motions seeking to direct the chapter 13 trustee to pay them, for payment of outstanding legal fees, all funds received by the trustee from the debtors prior to the dismissal of their chapter 13 cases.
Ruling: 
Court lacked jurisdiction over post-dismissal fee dispute between debtor and counsel.
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In re Ellis

A bankruptcy debtor's chapter 13 plan proposed to pursue an adversary proceeding to set aside a foreclosure sale of the debtor's residence and to pay his mortgage debt with funds from a deferred compensation account under an employment plan. The debtor requested that the plan be confirmed, and the trustee moved to dismiss the debtor's bankruptcy case.
Ruling: 
Plan confirmation denied due to unfeasability and lack of good faith.
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In re 3 Ram Inc.

A corporate bankruptcy debtor existed only to hold a liquor license which was used in the business of the debtor's sole shareholder, and the debtor filed bankruptcy to avoid a creditor's execution against the license based on allowance of the creditor's claim in the shareholder's bankruptcy. The creditor moved to dismiss the debtor's bankruptcy case for cause pursuant to 11 U.S.C. § 1112(b)(1).
Ruling: 
Case was dismissed since bankruptcy filing was not warranted to resolve two-party dispute over liquor license.
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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 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.
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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.
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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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