Judge Deller

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

eCast Settlement Corp. v. May (In re May)

An unsecured creditor of chapter 13 debtors filed an objection to the confirmation of the debtors'plan, asserting that the debtors were not applying all of their projected disposable income towards payment to unsecured creditors for the applicable commitment period of the plan as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Creditor's objection that plan did not utilize all of debtors'disposable income overruled given evidence of decrease in income after debtors originally prepared Schedule I.
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Consumer case opionion summary, case decided on January 28,2008, LexisNexis #0208-085

Housing Auth. of Beaver County v. Alberts (In re Alberts)

Movant creditor filed a motion for relief from stay, contending that its post- petition efforts to enforce a judgment for possession were not stayed by operation of 11 U.S.C. § 362(b)(22). Respondent chapter 7 debtor filed a motion for contempt for a violation of the automatic stay.
Ruling: 
Actions to enforce judgment of possession stayed due to debtor's timely appeal of magistrate's order.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0208-077

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