- FRBP
Kreidler v. Bank of N.Y. Mellon Trust Co. (In re Kreidler)
Mar
29
2013
Ruling
Pre- and postpetition mortgage arrearages deemed satisfied due to holder's failure to appear at hearing.
Procedural posture
In these matters, pending for the court's review were Motions for Determination of Final Cure and Payment of All Post-Petition Payments filed by movants, debtors, under Fed. R. Bankr. P. 3002.1(h). Respondents were claimholders.
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Court
:
Patrick v. Dell Financial Servs. LP (In re Patrick)
Mar
11
2013
Ruling
Class certification for chapter 13 debtors challenging secured status of creditor's claims denied.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against defendants, a computer company's financing agent and others, claiming, inter alia, that the financing agent filed secured claims against their bankruptcy estates that were not secured, and they asked the court to certify their action as a class action under Fed. R. Civ. P. 23 and Fed. R. Bankr. P. 7023, to enjoin the agent from engaging in similar acts.
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Court
:
- 11 U.S.C.
Grochowski v. Commonwealth Fin. Sys. (In re Grochowski)
Oct
26
2012
Ruling
Actual and punitive damages awarded for creditor's attempt to collect prepetition debts in violation of discharge injunction.
Procedural posture
Chapter 13 debtor and creditor stipulated that the creditor's conduct violated the automatic stay under 11 U.S.C.S. § 362(k)(1). The debtor also claimed violations of the discharge injunction under 11 U.S.C.S. § 524. Trial was held, with the main determination on damages, and specifically, punitive damages.
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Court
:
- 11 U.S.C.
In re Smith
Sep
25
2012
Ruling
Fact that non-debtor spouse did not sign mortgage on entireties property did not justify reduction of mortgage debt in plan, which could not be confirmed.
Procedural posture
A bankruptcy debtor proposed a plan which provided for full payment of a creditor's mortgage against the debtor's residence which the debtor substantially reduced because the debtor's spouse as a co-owner of the residence did not execute the mortgage. The creditor objected to confirmation of the debtor's plan.
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Court
:
- FRBP
Lerner Master Fund LLC v. Paige (In re Paige)
Aug
01
2012
Ruling
Extension of time to file nondischargeability proceeding granted due to debtor's delay in providing information.
Procedural posture
Creditor sought to obtain a brief extension of time to file an adversary complaint to deny the dischargeability of its debt against defendant debtors, who had been its fund managers, pursuant to Fed. R. Bankr. P. 4007(c).
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Court
:
Dehart v. John (In re John)
Jun
04
2012
Ruling
Dismissal for late completion of required credit counseling denied as inequitable given completion of plan and absence of bad faith.
Procedural posture
Movant bankruptcy trustee asserted that respondent bankruptcy debtors' credit counseling for eligibility to be bankruptcy debtors under 11 U.S.C.S. § 109(h) was not completed with the requisite period prior to filing their bankruptcy petition. The trustee moved to dismiss the debtors' case, and the motion was not considered until after the debtors' confirmed plan was consummated and the trustee issued a final report.
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Court
:
Ayoub v. Abdallah (In re Abdallah)
Feb
27
2012
Ruling
Discharge denied due to failure to keep adequate records.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on fraud and willful and malicious injury, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to disclose assets.
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Court
:
- 11 U.S.C.
DeHart v. Kresge (In re Kresge)
Feb
15
2012
Ruling
Confirmation denied for failure to account for property conveyed to debtor by parents.
Procedural posture
The chapter 13 trustee and a bank asked the court per 11 U.S.C.S. § 1325(a)(4) to deny confirmation of debtor's chapter 13 plan on the ground that it had improperly failed to account for the value of land conveyed to him and his brother by their parents, a conveyance of which debtor claimed to have been unaware until he filed his bankruptcy. At issue was the status of that interest as estate property per 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
DeHart v. Gregory (In re Gregory)
Jul
13
2011
Ruling
Confirmation denied due to failure to dedicate sufficient funds to chapter 13 plan.
Procedural posture
A Chapter 13 trustee objected to debtors' plan on the ground that insufficient funds were being dedicated to the plan.
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Court
:
- 11 U.S.C.
Patti v. Colanduoni (In re Patti)
Apr
13
2011
Ruling
Environmental negligence claims were discharged despite lack of notice to creditors.
Procedural posture
Defendants, the first and subsequent purchasers of land owned by plaintiff, a Chapter 7 debtor, alleged liability in state court against the debtor arising from environmental issues on the land. The debtor filed a complaint to determine the dischargeability of those liabilities.
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Court
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