Judge Deller

Rogel v. Deutsche Bank Natl Trust Co. (In re Rogel)

Chapter 13 debtors objected to a claim of respondent creditor pursuant to 11 U.S.C.S. § 502(a). Following negotiations by the parties, the only remaining issue was whether the creditor was entitled to reimbursement for escrow advances to pay real estate taxes and insurance on the debtors' real property.
Ruling: 
Creditor mortgagee's claim for postforeclosure, prepetition escrow advances allowed.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-012

In re N. John Cunzolo Assocs.

An attorney filed an application to represent the corporate debtor when it was a debtor-in-possession in the chapter 11 case. Although the case was subsequently converted to a chapter 7, the application had not yet been approved by the court, and the attorney was not yet entitled to be paid any fees as a result of his chapter 11 representation.
Ruling: 
Attorney's application to represent corporate debtor denied due to conflict in representation of debtor's principal.
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Commercial case opionion summary, case decided on February 23,2010, LexisNexis #0410-074

Bohm v. Howard (In re Howard)

Plaintiff trustee moved to compel defendant, the former spouse of the debtor, to comply with prior court orders to turn over mineral rights and the proceeds thereof in which the trustee had a superior interest, and that were protected by the automatic stay. The former spouse for a stay of the court orders pending her appeal pursuant to Fed. R. Bankr. P. 8005, and argued the motion to compel was filed prematurely.
Ruling: 
Motion for stay pending appeal of turnover order denied.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0210-044

Bohm v. Howard (In re Howard)

A quit claim deed purported to transfer all title and interest in the mineral rights, including oil, gas, and coal, underlying a certain tract of land from a debtor to defendant, his ex- spouse. Plaintiff trustee initiated an adversary proceeding by filing a complaint to recover fraudulent transfer against the ex-spouse pursuant to, inter alia, 11 U.S.C.S. §§ 362, 542, 544, 549, and 550. The parties moved for summary judgment.
Ruling: 
Acquisition of interest in mineral rights through quit-claim deed from debtor could be avoided as fraudulent.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-073

In re Johnson

Debtor filed a petition under chapter 7 of the Bankruptcy Code and converted her case to one under chapter 13 of the Bankruptcy Code approximately two months later. A chapter 13 trustee was appointed to administer the debtor's bankruptcy case, and he filed a motion to compel the debtor's attorney to appear and explain why he not complied with the court's order requiring him to file an amended wage attachment order.
Ruling: 
Debtor's failure to pay additional attorneys' fees not previously disclosed was not grounds for attorney to ignore court order to file wage attachments.
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Consumer case opionion summary, case decided on July 28,2009, LexisNexis #0909-070

Gargani v. Wells Fargo Bank (In re Gargani)

Debtor moved to stay an ejectment proceeding and to set aside a sheriff's sale. By the motion, the debtor contended that the vacatur of a dismissal order operated as a retroactive reinstatement of an automatic stay pursuant to 11 U.S.C.S. § 362, thereby rendering the sheriff's sale void.
Ruling: 
Reinstatement of case did not affect validity of foreclosure sale that took place while case was dismissed and did not retroactively reinstate stay.
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Consumer case opionion summary, case decided on January 05,2009, LexisNexis #0209-039

Evans v. Deutsche Bank Natl Trust Co. (In re Evans)

Plaintiffs filed an adversary proceeding for an order declaring that defendant bank's mortgage was not enforceable on its face and avoiding the mortgage under the trustee's strong-arm powers in 11 U.S.C.S. § 544(a).
Ruling: 
Invalidly executed mortgage could be avoided by trustee.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0209-012

Elliott v. Kiesewetter (In re Kiesewetter)

Plaintiff family members brought a complaint to determine a certain debt to be nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (4), and (6) against defendant, the debtor, their sister in law, against whom they had obtained a jury verdict that the debtor and her husband had fraudulently misappropriated cash and property that were assets of the family members' late parents estates. The family members moved for summary judgment.
Ruling: 
Judgment against debtor for misappropriation of in-laws' family assets was nondischargeable.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0808-134

Korbe v. HUD (In re Korbe)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant U.S. Department of Housing and Urban Development (HUD), seeking to avoid HUD's lien against the debtor's residence under 11 U.S.C.S. § 506(a), (d). The debtor and HUD cross-moved for summary judgment.
Ruling: 
Debtor could avoid wholly unsecured HUD lien.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0508-079

Wingard v. Altoona Regl Health Sys. (In re Wingard)

Plaintiff chapter 13 debtors filed an adversary proceeding against defendants, a healthcare company and a debt collection agency, claiming that they violated the automatic stay imposed by 11 U.S.C.S. § 362 when they demanded payment of a debt the debtors owed.
Ruling: 
Postpetition demand letters were willful stay violations but sanctions not warranted absent proof of distress.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0308-109

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