Judge Motz

Jenkins v. Simpson (In re Jenkins)

Ruling: 
Trustee's objection to discharge filed more than 60 days after conclusion of creditors' meeting should have been dismissed as untimely.
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Consumer case opionion summary, case decided on April 27,2015, LexisNexis #0515-095

Sartin v. Macik

Defendant debtor appealed from a judgment of the District Court for the Western District of North Carolina affirming the bankruptcy court's determination that a debt arising from a state court default judgment entered in favor of plaintiff creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6) because the default judgment had collateral estoppel effect.
Ruling: 
Default judgment that did not have collateral estoppel effect under state law could not be determinative of dischargeability.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-092

Tidewater Fin. Co. v. Williams

Appellant creditor sought review of a judgment of the District Court for the District of Maryland affirming a bankruptcy court order granting summary judgment to appellee debtor in an adversary proceeding that the creditor commenced after the debtor filed a chapter 7 petition. The district court held that 11 U.S.C. § 727(a)(8) did not provide grounds for denying discharge because equitable tolling did not apply to section 727(a)(8).
Ruling: 
Intervening chapter 13 filing did not equitably toll six-year waiting period for filing second chapter 7 case.
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Grochal v. Ocean Technical Servs. Corp. (In re Baltimore Marine Indus.)

After a government contractor filed a chapter 11 bankruptcy petition, a ship operator filed an interpleader action, seeking to deposit the amount it owed the contractor for repairs. The District Court for the District of Maryland affirmed the bankruptcy court's determination that appellee subcontractor was entitled to be paid from the interpleaded funds. Appellant liquidating agent sought review of the district court's judgment.
Ruling: 
Debtor's subcontractor did not have an absolute right to interpleaded funds which were part of bankruptcy estate.
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Abell v. Devan

Appellants sought review of an order entered by the bankruptcy court denying them recovery for payments they made to the mortgage holder on the home of debtor.
Ruling: 
Alleged purchaser's of debtor's home were not entitled to recover payments to debtor's mortgagee due to indicia of fraud surrounding "sale."
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Fairchild Dornier GmbH v. Official Comm. of Unsecured Creditors

Appellant, the parent corporation of a bankrupt subsidiary debtor, sought review of a judgment from the District Court for the Eastern District of Virginia affirming the bankruptcy court's recharacterization of the parent corporation's sale of automobile parts to the debtor as an equity contribution rather than a debt.
Ruling: 
Bankruptcy court properly declined to recharacterize claim for reasons other than disallowance or equitable subordination.
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French v. Liebmann (In re French)

In a debtor's chapter 7 proceeding, appellee trustee filed an adversary proceeding against appellant transferees to avoid the debtor's transfer of foreign property to the transferees. The bankruptcy court found the transfer to be constructively fraudulent under 11 U.S.C. § 548(a)(1)(B), and the District Court for the District of Maryland affirmed. The transferees appealed.
Ruling: 
Judgment that the debtors' transfer of foreign property was avoidable as constructively fraudulent was affirmed.
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