Judge Kaplan

Stalford v. Lion Fin. LLC (In re Lancaster Mortg. Bankers LLC)

Chapter 7 trustee filed an adversary proceeding against defendants, a mortgage broker and an LLC that serviced mortgages, asserting an ownership interest under 11 U.S.C.S. § 544 in certain mortgage loans transferred by a chapter 7 debtor. The mortgage broker filed a motion for summary judgment, and the trustee filed a cross-motion for summary judgment.
Ruling: 
Mortgages purchsed by broker within 90 days of petition date for resale to investors were not recoverable by trustee.
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Commercial case opionion summary, case decided on June 04,2008, LexisNexis #0708-080

In re Stalica

The debtor filed an objection to creditor's deficiency claim after the debtor surrendered his vehicle. The issue was the effect of 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5) on the deficiency claim of a secured lender when the debtor surrendered a "910 day" vehicle.
Ruling: 
Creditor entitled to unsecured deficiency claim after surrender and sale of "910" vehicle.
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Consumer case opionion summary, case decided on August 24,2007, LexisNexis #1007-055

In Dispirito

Chapter 13 debtor and the creditor holding the security interest on her motor vehicle disputed whether the adequate protection payments debtor was making to the creditor was senior or junior in priority to the claim to attorneys fees by debtor's counsel.
Ruling: 
Adequate protection payments to undersecured vehicle creditor had priority over debtor's attorneys'fees.
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In re Trembulak

A debtor's counsel filed a certification in opposition, stating that the debtor had passed away and requesting that the chapter 7 bankruptcy case not be closed without the issuance of a discharge.
Ruling: 
Deceased debtor was exempted from financial management course requirement.
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In re S.A. Holding Co. LLC

Chapter 11 debtor filed a motion seeking the entry of an order pursuant to 11 U.S.C. § 365(a), rejecting a settlement agreement with a city previously reached in related state and federal court litigations.
Ruling: 
Rejection of settlement between city and debtor who operated "go-go club" denied due to substantial performance.
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Bruno v. First USA Bank (In re Bruno)

Plaintiff debtor filed an adversary proceedings against defendant creditor alleging that the creditor violated the discharge injunction contained in 11 U.S.C. § 524. The court consolidated two adversary proceedings but for convenience, referred only to one single debtor. The creditor moved to dismiss.
Ruling: 
Creditor had no affirmative obligation to instruct credit reporting agency to remove negative information from debtor's report upon discharge.
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In re Bell

In a chapter 13 case, a creditor sought allowance of its secured claim. Debtor sought to treat the deficiency at issue as an unsecured claim.
Ruling: 
Creditor's secured claim on a car was disallowed as long as the debtor surrendered the insurance proceeds from the car that was totaled in an accident during the performance of a confirmed plan.
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