Judge Schneider

Bob Coulton Enters. v. Grauer (In re Grauer)

The debtor-defendant filed an objection to the writ of garnishment of the plaintiff creditor's assignee, that sought to execute on a default judgment entered against the debtor in the amount of $ 341,233 by the bankruptcy court.
Ruling: 
Exemption of portion of debtor's garnished wages allowed pursuant to state law.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-133

Ciotti v. Fanchot (In re Ciotti)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant, the Comptroller of Maryland, seeking a ruling that certain tax debt she owed the State of Maryland for the years 1992 through 1996 was discharged in bankruptcy. The debtor filed a motion for judgment on the pleadings.
Ruling: 
State taxes owed by debtors in no asset case were dischargeable.
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Consumer case opionion summary, case decided on September 11,2009, LexisNexis #1009-117

Mullican v. Moser

Appellant debtors challenged a judgment of the United States Bankruptcy Court for the Eastern District of Texas, which found that the debtors had converted their case from chapter 13 to chapter 7 in bad faith, and that a large IRA they inherited had become property of the bankruptcy estate on the conversion (not petition) date. Appellee, the chapter 7 trustee, cross-appealed as to the date the IRA became property of the bankruptcy estate.
Ruling: 
IRA became property of the debtors' estate upon bad faith conversion to chapter 7.
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Consumer case opionion summary, case decided on August 04,2009, LexisNexis #0909-064

Muse v. Day (In re Day)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that the creditor's judgment against the debtor for defamation was not dischargeable under 11 U.S.C.S. § 523(a)(6) based on the debtor's willful and malicious conduct. The creditor and the debtor cross-moved for summary judgment.
Ruling: 
Judgment debt based on debtor's per se defamatory statements regarding church pastor who was a candidate for public office was nondischargeable.
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Consumer case opionion summary, case decided on July 30,2009, LexisNexis #0909-051

In re White

The debtors proposed a first amended chapter 13 plan. An unsecured creditor and the chapter 13 trustee filed objections to the plan.
Ruling: 
Confirmation denied due to improper deductions for mortgage payments on two properties intended for surrender.
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Consumer case opionion summary, case decided on June 23,2009, LexisNexis #0909-097

In re Baltimore Emergency Servs. II

Chapter 11 debtors objected, pursuant to 11 U.S.C.S. § 502(b), to the unsecured claim filed by a claimant.
Ruling: 
Counsel for insurer in malpractice case could not file a proof of claim for services against insured physician debtors.
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1208-031

Logan v. Williams (In re Williams)

Plaintiff chapter 7 trustee filed an objection to exemptions claimed by defendant chapter 7 debtor. The trustee and defendants, including the debtor's former wife, filed cross- motions for summary judgment in the trustee's complaint for avoidance of lien, turnover of property, and damages.
Ruling: 
Debtor's separated but not divorced from non-debtor spouse with no joint creditors entitled to exemption for home owned by the entireties.
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Consumer case opionion summary, case decided on March 17,2008, LexisNexis #0408-132

In re Skeen Goldman LLP

Creditors moved to dismiss the chapter 11 case. The debtor had filed a previous bankruptcy case in which the debtor and creditors entered into a settlement agreement.
Ruling: 
Second chapter 11 case, filed to hinder and delay creditor with whom debtor had settlement agreement that resolved prior case, dismissed.
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Commercial case opionion summary, case decided on December 20,2007, LexisNexis #0208-014

In re Adams

The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) and (b)(3).
Ruling: 
Case dismissed on consideration of nondebtor spouse's contributions to household income and numerous acts to hinder, delay and defraud creditors.
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Consumer case opionion summary, case decided on October 19,2007, LexisNexis #1107-116

In re Megginson

The U.S. Trustee filed a motion to dismiss an above-median income debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debtor entitled to deduct full IRS transportation expense despite lack of car payments
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Consumer case opionion summary, case decided on September 05,2007, LexisNexis #1007-118

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