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In re Rodriguez

Jul
22
2008
Ruling
Mortgagee's increase in postpetition payments due to tax and insurance escrow shortage did not violate stay but was improperly calculated.
Procedural posture

Chapter 13 debtors filed a motion asserting that post-petition collection by a mortgagee of a pre-petition escrow shortage constituted a violation of the automatic stay provisions set forth in 11 U.S.C.S. § 362(a).

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Consumer opinion summary, case decided on July 22, 2008 , LexisNexis #1008-110
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Stalford v. Lion Fin. LLC (In re Lancaster Mortg. Bankers LLC)

Jun
04
2008
Ruling
Mortgages purchsed by broker within 90 days of petition date for resale to investors were not recoverable by trustee.
Procedural posture

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.

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Commercial opinion summary, case decided on June 04, 2008 , LexisNexis #0708-080
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In re Stalica

Aug
24
2007
Ruling
Creditor entitled to unsecured deficiency claim after surrender and sale of "910" vehicle.
Procedural posture

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.

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Consumer opinion summary, case decided on August 24, 2007 , LexisNexis #1007-055
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In Dispirito

Jul
17
2007
Ruling
Adequate protection payments to undersecured vehicle creditor had priority over debtor's attorneys'fees.
Procedural posture

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.

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opinion summary, case decided on July 17, 2007 , LexisNexis #0907-054
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In re Trembulak

Feb
06
2007
Ruling
Deceased debtor was exempted from financial management course requirement.
Procedural posture

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.

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opinion summary, case decided on February 06, 2007 , LexisNexis #0307-002
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In re S.A. Holding Co. LLC

Dec
22
2006
Ruling
Rejection of settlement between city and debtor who operated "go-go club" denied due to substantial performance.
Procedural posture

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.

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opinion summary, case decided on December 22, 2006 , LexisNexis #0207-090
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Bruno v. First USA Bank (In re Bruno)

Oct
31
2006
Ruling
Creditor had no affirmative obligation to instruct credit reporting agency to remove negative information from debtor's report upon discharge.
Procedural posture

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.

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opinion summary, case decided on October 31, 2006 , LexisNexis #1206-132
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In re Bell

Mar
03
2006
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.
Procedural posture

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.

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opinion summary, case decided on March 03, 2006 , LexisNexis #0406-067
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