Middle District

Kreidler v. Bank of N.Y. Mellon Trust Co. (In re Kreidler)

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.
Ruling: 
Pre- and postpetition mortgage arrearages deemed satisfied due to holder's failure to appear at hearing.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-100

Patrick v. Dell Financial Servs. LP (In re Patrick)

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, and to enjoin the agent from engaging in similar acts.
Ruling: 
Class certification for chapter 13 debtors challenging secured status of creditor's claims denied.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-035

Seidle v. Sovereign Bank (In re Seidle)

Chapter 13 debtor filed an adversary proceeding against three banks and various judgment creditors, seeking a judgment determining the priority of liens defendants placed on his residence and orders allowing him to strip off liens that were unsecured. Two banks that were named as defendants agreed to submit their claims that their lien had priority to mediation.
Ruling: 
Debtor could not strip off partially secured second lien.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-132

DeHart v. Eckert (In re Eckert)

Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their debts that required them to pay a chapter 13 trustee $500 per month. The court confirmed the debtors' plan on April 28, 2011, and on April 19, 2012, the trustee filed a motion for an order under 11 U.S.C.S. § 1329 which required the debtors to increase their monthly payment to $2,500. The court held a hearing on the trustee's motion.
Ruling: 
Trustee's motion for excessive increase in monthly plan payments denied.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-031

Abbatiello v. National Collegiate Trust (In re Abbatiello)

Plaintiff chapter 7 debtor filed an amended complaint against defendant creditor seeking a discharge of her student loan debt as an undue hardship pursuant to 11 U.S.C.S. § 523(a)(8). The debtor filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c), as made applicable by Fed. R. Bankr. P. 7012.
Ruling: 
Debtor failed to demonstrate inability to maintain minimal standard of living as required for discharge of student loan debt.
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Consumer case opionion summary, case decided on January 02,2013, LexisNexis #0113-086

Grochowski v. Commonwealth Fin. Sys. (In re Grochowski)

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.
Ruling: 
Actual and punitive damages awarded for creditor's attempt to collect prepetition debts in violation of discharge injunction.
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Consumer case opionion summary, case decided on October 26,2012, LexisNexis #1112-123

Dean v. Carr (In re Dean)

Plaintiff chapter 7 debtor filed two adversary proceedings against defendant creditor: a proceeding that asked the court to determine the validity, priority, and extent of a lien the creditor held on a car the debtor owned and to assess damages under 11 U.S.C.S. § 362; and a proceeding seeking avoidance under 11 U.S.C.S. § 547(b) of a judgment the creditor obtained in state court. The debtor filed a motion for summary judgment in each case.
Ruling: 
Creditor's refusal to return car repossessed prepetition violated stay.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-110

In re Smith

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.
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.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1012-097

AgChoice Farm Credit ACA v. Glenn (In re Glenn)

Plaintiff creditor sought a ruling that the conduct of debtors, a married couple, in removing various fixtures from their residence after plaintiff had commenced foreclosure proceedings and in converting those fixtures to their own use in another residence was "malicious" and supported a finding of nondischargeability under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtor's removal of fixtures and conversion for own use after commencement of foreclosure resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-084

DeAngelis v. Williams (In re Williams)

United States Trustee (UST) filed a complaint against debtor seeking to deny the discharge of debtor under 11 U.S.C.S. §§ 727(a)(2)(A) and 727(a)(4)(A).
Ruling: 
Discharge denied due to fraudulent transfer and reckless disregard for truth.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-057

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