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Covert v. LVNV Funding LLC

Mar
03
2015
Ruling
Postconfirmation unfair debt collection claims filed by debtor against creditor properly dismissed pursuant to res judicata.
Issue(s)
Were debtors' actions under federal and state fair debt collection practices laws properly dismissed?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 03, 2015 , LexisNexis #0315-137
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Terry v. Meredith (In re Meredith)

Jun
03
2008
Ruling
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
Procedural posture

Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 03, 2008 , LexisNexis #0708-032
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In re Mosko

Feb
12
2008
Ruling
Discharge of student loan debt reversed due to debtor's failure to demonstrate good faith efforts to repay.
Procedural posture

Appellee debtors, a husband and his wife, filed bankruptcy and sought to discharge their government-backed student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). The bankruptcy court granted appellees relief from their student loans and the United States District Court for the Middle District of North Carolina, at Winston-Salem affirmed that order. Appellant creditor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 12, 2008 , LexisNexis #0308028
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National Energy & Gas Transmission Inc. v. Liberty Elec. Power LLC (In re National Energy & Gas Transmission Inc.)

Jul
10
2007
Ruling
Debt was not reduced by payments received from guarantor but was capped at amount due under original agreement on petition date.
Procedural posture

In appellant debtors'chapter 11 proceeding, appellee creditor was paid the full amount due under the parties'electricity tolling agreement. The creditor allocated the amount first to interest, then to principal, continuing to assert a claim against the debtors for the full amount. The Bankruptcy Court for the District of Maryland allowed the claim, and the district court affirmed. One debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 10, 2007 , LexisNexis #0807-061
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