- 11 U.S.C.
Flaherty v. Nims (In re Nims)
Apr
13
2011
Ruling
Relief from stay granted to allow state court appointed trustee to consummate sale of property co-owned by debtor and former spouse.
Procedural posture
A Chapter 13 debtor's ex-wife filed an emergency motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to allow a trustee appointed by a state court to consummate the sale of real property that she co-owned with the debtor.
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10 West Chase LLC v. Shepard (In re Shepard)
Mar
16
2011
Ruling
Revocation of discharge denied where creditor had knowledge of grounds but failed to object to discharge.
Procedural posture
Debtors filed a motion to dismiss plaintiff's adversary proceeding, which sought, inter alia, to revoke the debtor's discharge under 11 U.S.C.S. § 727(d) and pursuant to Fed. R. Civ. P. 60.
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- 11 U.S.C.
In re Byrd
Feb
10
2011
Ruling
Trustee's fees and expenses approved over objection of debtor whose false filings were found to be criminal, was found in contempt and who generally abused judicial process.
Procedural posture
The chapter 7 trustee filed an application for compensation and reimbursement of expenses. The debtors filed an objection.
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- 11 U.S.C.
Newcomer v. Litton Loan Servicing LP (In re Newcomer)
Sep
30
2010
Ruling
Loan servicer did not violate stay by sending letter regarding loan on which non-debtor spouse was obligor, secured by property in which debtor had acquired an interest.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant servicer of a mortgage loan of the non-debtor spouse of the debtor alleging that the servicer violated the automatic bankruptcy stay under 11 U.S.C.S. § 362, the debtor's confirmed plan under 11 U.S.C.S. § 1327, the discharge injunction under 11 U.S.C.S. § 1328.
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- 11 U.S.C.
Bedford Town Condo. v. Washington Gas Light Co. (In re Bedford Town Condo.)
Sep
20
2010
Ruling
Utility termination notice violated stay and gave rise to sanctions.
Procedural posture
Before the court was movant debtor's expedited motion to sanction a creditor for violation of automatic stay pursuant to 11 U.S.C.S. § 362(a)(1), (3), (6) for violation of 11 U.S.C.S. § 366(c) (the Sanctions Motion). Respondent creditor, a utility company, did not file a response to the Sanctions Motion, but appeared at the hearing held on the matter and argued against sanctions being imposed.
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- 11 U.S.C.
Countrywide Bank v. Beachley (In re Beachley)
Sep
16
2010
Ruling
Transfer to bank via unrecorded deed of trust was avoidable without survival of equitable lien or subrogation rights.
Procedural posture
Plaintiff bank filed a complaint against defendant debtors and a chapter 13 trustee seeking an equitable lien on the debtors' property. Alternatively, the bank sought a determination that it was equitably subrogated to another lender's deed of trust. The debtors and the trustee contended that neither an equitable lien nor subrogation was available under 11 U.S.C.S. § 544(a)(3). Both sides moved for summary judgment.
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- 11 U.S.C.
Petrovic v. Vetal (In re Vetal)
Aug
03
2010
Ruling
Checks dishonored due to freeze on debtor's line of credit did not give rise to nondischargeable debt.
Procedural posture
Former employee filed an adversary proceeding against chapter 7 debtor, a person who had owned a company that was engaged in the business of servicing swimming pools, seeking a determination that the debtor owed a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion for summary judgment.
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Salmeron v. One West Bank (In re Salmeron)
May
04
2010
Ruling
Debtor could not reduce value of lien secured by property that was debtor's primary residence on petition date.
Procedural posture
A chapter 13 debtor filed a motion to determine the extent of a secured lien and status of debt under 11 U.S.C.S. § 506. She sought to reduce the value of a secured lien against her property. A creditor, as holder of the lien, opposed the motion on the grounds that 11 U.S.C.S. § 1322(b) barred the debtor from altering its secured claim through her plan.
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- 11 U.S.C.
USGen New Eng. Inc. v. TransCanada Pipeline Ltd. (In re USGen New England Inc.)
Apr
01
2010
Ruling
Canadian company's claim under contract for transport of natural gas through pipelines allowed subject to adjustment for mitigation credit.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a Canadian pipeline company filed an amended claim in the amount 52,426,566 Canadian dollars against the debtor's bankruptcy estate. The court approved the debtor's plan for repaying its creditors and held a trial on the debtor's objection to the Canadian company's claim.
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- 11 U.S.C.
10 W. Chase LLC v. Shepard (In re Shepard)
Jan
06
2010
Ruling
Leave to file postdischarge amended dischargeability complaint denied.
Procedural posture
Plaintiff creditor filed a motion for leave to file an amended complaint to determine dischargeability of a debt under 11 U.S.C.S. § 523. The motion was opposed by defendants, chapter 7 debtors.
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