In re Rupp
Sep
26
2008
Ruling
Judgment lien creditor's objection to debtor's state homestead exemption overruled.
Procedural posture
Debtor declared bankruptcy and claimed a homestead exemption under N.Y. C.P.L.R. art. 5206(a) in the entire value of a home she owned, even though she rented half the home and lived in the other half. A judgment creditor filed an objection to the debtor's claim, in an attempt to preempt a motion under 11 U.S.C.S. § 522(f) that would have avoided his judgment lien on the entire parcel.
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Court
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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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Court
:
- 11 U.S.C.
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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Court
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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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Court
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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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Court
:
- 11 U.S.C.
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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Court
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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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
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