- 11 U.S.C.
In re Rice
Mar
12
2007
Ruling
BAPCPA eliminated "fourth" or "ride through" option with respect to secured debt.
Procedural posture
Before the court in the chapter 7 matter was debtor's Amended Motion to Redeem and Determine Rights in Property. A loan servicing agent opposed the Motion.
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Court
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In re Jester
Mar
08
2007
Ruling
Auction of car to satisfy civil parking violations violated stay.
Procedural posture
Appellant, the Philadelphia (Pennsylvania) Parking Authority, appealed an order of the bankruptcy court granting appellee debtor's motion for contempt of the automatic stay. The Authority challenged the bankruptcy court's holding that its actions in impounding and auctioning the debtor's car after she filed her bankruptcy petition were not excepted from the automatic stay under 11 U.S.C. § 362(b)(1) and (b)(4).
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Court
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In re Frascella Enters. Inc.
Feb
08
2007
Ruling
Confirmation of plan proposed by debtor check cashing business denied on grounds of bad faith.
Procedural posture
A bankruptcy debtor who operated check cashing retail stores proposed a reorganization plan which provided for the debtor to merge with its subsidiary which previously acquired the debtor's payday loan portfolio, and the subsidiary would be the surviving entity. The debtor requested confirmation of its plan, and a putative class of consumers who obtained payday loans from the debtor were the sole objectors to confirmation.
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Court
:
In re Lenton
Dec
15
2006
Ruling
Repayment of loans from voluntary retirement accounts could not be deducted from monthly income to rebut presumption of abuse.
Procedural posture
Before the court was the Motion of the U.S. Trustee to dismiss debtor's chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(b).
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Court
:
Davis v. Deutsche Bank Natl Trust Co. (In re Davis)
Nov
20
2006
Ruling
Reference withdrawn as to adversary proceeding claiming predatory lending practices that could be consolidated with similar civil suit stayed by bankruptcy filing.
Procedural posture
Chapter 13 debtors filed an adversary proceeding in the bankruptcy court against defendants, their original mortgage lender, the lender's assignee, and a mortgage broker, seeking recission and other remedies under state law and the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. Defendant two moved to withdraw the reference to the bankruptcy court pursuant to 28 U.S.C. § 157(d).
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Court
:
In re Lee
Nov
08
2006
Ruling
Debtors' sixth chapter 13 case was not filed in good faith where there was no legitimate prospect for reorganization.
Procedural posture
Chapter 13 debtor filed a motion seeking leave to file a seventh chapter 13 bankruptcy case. A secured creditor opposed the request.
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Court
:
- 11 U.S.C.
Stapleton v. Yanni (In re Yanni)
Oct
30
2006
Ruling
Discharge denied due to debtor's insufficient explanation for loss of assets through heavy credit card usage.
Procedural posture
Plaintiff U.S. Trustee (UST) filed a motion objecting to a chapter 7 discharge pursuant to 11 U.S.C. § 727(a). The UST asserted that defendant debtor failed to preserve adequate financial records and failed to provide a satisfactory explanation for a loss of assets.
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Court
:
- 11 U.S.C.
In re Boyce
Oct
26
2006
Ruling
Trustee's attorneys'fee application properly approved by bankruptcy court as verification of debtor's inconsistent financial disclosures benefitted the estate.
Procedural posture
Appellant chapter 7 debtor filed an appeal challenging interim orders entered by the bankruptcy court, which denied her request to voluntarily dismiss her bankruptcy case and denied her recusal motion. The debtor also challenged a final order entered by the bankruptcy court awarding fees to a law firm that the chapter 7 trustee had retained.
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Court
:
- 11 U.S.C.
Cozzone v. Ingui
Oct
25
2006
Ruling
Deemed admission by debtor psychiatrist that he intentionally lied about creditor patient's diagnosis was not admissible in dischargeability proceeding and debt was properly discharged.
Procedural posture
Appellant judgment creditor filed an adversary proceeding complaint in the bankruptcy court against appellee chapter 7 debtor seeking a declaration that the debt owed to him was exempted from discharge under 11 U.S.C. § 523(a)(6). The creditor appealed after the bankruptcy court granted judgment for the debtor and discharged the debt.
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Court
:
In re Groller
Oct
25
2006
Ruling
Bankruptcy court properly granted relief from stay to allow mortgagee to foreclose where there were adequate protection issues and property was not necessary for effective reorganization.
Procedural posture
Appellant debtor challenged an order of the bankruptcy court for, which modified the automatic stay to allow appellant mortgage company to foreclose on a mortgage it held on the debtor's property and to allow the purchaser of the property at a sheriff's sale to take possession of the property.
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Court
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