Middle District

DeHart v. Knorr (In re Knorr)

Ruling: 
Child care expense was improper but could be used for first year of plan.
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Consumer case opionion summary, case decided on October 08,2013, LexisNexis #1013-135

Slobodian v. United States (In re Net Pay Solutions Inc.)

Ruling: 
Avoidance proceeding against government dismissed where fraudulent transfer claims were unrelated to government's claim against debtor.
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Commercial case opionion summary, case decided on October 07,2013, LexisNexis #1113-017

Link v. Mauz (In re Mauz)

Ruling: 
State court judgment for assault and battery was nondischargeable pursuant to collateral estoppel.
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Consumer case opionion summary, case decided on August 28,2013, LexisNexis #0913-085

DeAngelis v. Holmes (In re Holmes)

Ruling: 
Case ordered converted or dismissed based on totality of circumstances including excessive and unreasonable budget.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-057

Coley v. Thomas (In re Thomas)

Creditor filed an adversary proceeding alleging that debt owed to her by debtor was nondischargeable under 11 U.S.C.S. § 523(a)(6). Debtor moved to dismiss the complaint on the basis that it was untimely under Fed. R. Bankr. P. 4007(c).
Ruling: 
Provision of name of bankruptcy counsel did not give creditor actual notice of case so as to prevent late-filed proof of claim.
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Consumer case opionion summary, case decided on July 03,2013, LexisNexis #0713-138

Frank v. Mannucci (In re Mannucci)

Before the court was a motion to dismiss the chapter 13 case (the "2012 Case") of respondents, debtors. The motion was filed by movant, the trustee in a pending chapter 7 bankruptcy case filed by debtors in 2007 (the "2007 Case").
Ruling: 
Chapter 13 case filed while debtor's chapter 7 case was pending dismissed for cause.
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Consumer case opionion summary, case decided on June 27,2013, LexisNexis #0813-099

Shull v. PNC Bank (In re Shull)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendant bank to determine the extent of the bank's secured status. Both parties filed motions for summary judgment.
Ruling: 
Mortgage secured by interest in fixtures was secured by "incidental property" and could not be modified.
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Consumer case opionion summary, case decided on May 31,2013, LexisNexis #0713-031

Split Vein Coal Co. v. Swank (In re Split Vein Coal Co.)

Plaintiff, the counsel for a chapter 11 debtor, filed a motion seeking an order holding defendant in contempt under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9020 for violating the court's order directing him to provide information regarding the location and amount of certain funds paid to him as president and sole stockholder of the debtor.
Ruling: 
President and sole stockholder of debtor held in contempt for failure to provide information regarding location and amount of portion of judgment proceeds.
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Commercial case opionion summary, case decided on May 14,2013, LexisNexis #0613-002

Roodhof v. Roodhof (In re Roodhof)

Plaintiff husband filed an adversary proceeding against defendant wife after his wife declared chapter 7 bankruptcy, seeking a determination that his wife owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6), and that she was not eligible under 11 U.S.C.S. § 727 to have her debts discharged. The case was tried to the court.
Ruling: 
Debt owed by debtor to former spouse for removal of items from the spouse's home was nondischargeable.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0613-022

Harris v. Amerifirst Home Improvement Fin. Co.

Chapter 13 debtor filed an adversary complaint against creditor mortgagee, requesting a determination of the validity and extent of the creditor's second mortgage lien pursuant to 11 U.S.C.S. §§ 506(d), 522(f), and 1322(b)(2).
Ruling: 
One half of second line on property jointly owned by chapter 13 debtor with non-debtor grandson could be avoided.
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Consumer case opionion summary, case decided on April 26,2013, LexisNexis #0513-137

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