Judge Deller

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

Flanigan v. Samalex Trust (In re Flanigan)

Chapter 11 debtors filed a motion for summary judgment with respect to their objection to the proof of claim filed by a claimant. The debtor alleged that the claim was subject to a limitation for rent claims imposed by 11 U.S.C. § 502(b)(6).
Ruling: 
Claim based on debtor's guaranty of a lease was subject to rent claims limitation.
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Coastal Credit LLC v. Mellors (In re Mellors)

The moving party, the creditor holding a security interest in debtors'car, raised an objection to the confirmation of the debtors'proposed amended chapter 13 plan. The creditor sought to have the court prohibit the debtors from modifying the chapter 13 plan to compel the creditor to accept the surrender of its collateral as payment on account of its allowed secured claim.
Ruling: 
Plan amended to allow for surrender of vehicle rather than payments to creditor as vehicle was found to be inoperable.
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Honda Lease Trust v. Szalinski (In re Szalinski)

A creditor moved for relief from the automatic stay entered in two joint chapter 13 debtors'case. The creditor sought relief from the stay pursuant to 11 U.S.C. §§ 362(d)(1) and 365(p). It filed its motion after the debtors'amended chapter 13 plan was confirmed and the time for filing objections to the plan had expired.
Ruling: 
Secured creditor's post-confirmation motion for relief from stay denied in absence of fraud.
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Benninger v. First Colony Life Ins. Co. (In re Benninger)

Before the court was movant debtor's motion to release funds held by respondent life insurance company. The second matter was movant debtor's objection to all proofs of claim filed by respondent creditor.
Ruling: 
Claims of creditor who took advantage of debtor while she was a grieving mother disallowed on grounds of unclean hands.
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In re Piontek

Debtors were a husband and wife who jointly commenced the instant case by filing a voluntary bankruptcy petition under chapter 13. The issue before the court was whether debtors'alleged inability to pay for credit counseling was a sufficient reason for the court to ignore the mandate found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. § 109(h)(3).
Ruling: 
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
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Walsh v. Reschick (In re Reschick)

Movant debtors filed a motion for summary judgment with respect to respondent trustee's objection to the debtors'claimed bankruptcy exemptions.
Ruling: 
Debtor was allowed to exempt interest in annuities derived from structured settlement of personal injury case under section 522(d)(5)'s "wild card" exemption and section 522(d)(11)(D)'s "personal bodily injury"exemption.
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