Judge Humrickhouse

In re Forkish

Based upon a motion filed by a chapter 13 debtor, the court issued an order directing his former spouse and her attorney to show cause why sanctions should not be imposed against them for alleged violations of the automatic stay under 11 U.S.C.S. § 362 in connection with state court proceedings for attorney's fees arising from a child support dispute. The debtor also filed an objection to his former spouse's claim for the attorney's fees.
Ruling: 
Debtor's former spouse did not violate stay by seeking determination of amount of attorneys' fees owed in state support proceeding.
ABI Membership is required to access the full summary of In re Forkish. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0410-006

In re Uylaki

A former spouse of a bankruptcy debtor moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d)(1) to allow the spouse to continue with collection and enforcement of a property settlement agreement in their divorce decree, and to continue with contempt proceedings against the debtor.
Ruling: 
Relief from stay to allow former spouse to collect on and enforce property settlement denied.
ABI Membership is required to access the full summary of In re Uylaki. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 14,2009, LexisNexis #1009-111

In re Genesis Hospice Care LLC

A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 1021(b) and 2007.2(a), for a waiver of the appointment of a patient care ombudsman (PCO) under 11 U.S.C.S. § 333. The United States Trustee (UST) objected.
Ruling: 
Debtor outpatient care business granted waiver of health care ombudsman appointment.
ABI Membership is required to access the full summary of In re Genesis Hospice Care LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 23,2009, LexisNexis #0409-073

Parker v. Goodman (In re Parker)

Defendant debtor sought review of a judgment from the District Court for the Eastern District of Kentucky affirming the bankruptcy court's order in an adversary proceeding filed by plaintiff attorney, the debtor's former counsel, which permanently enjoined the debtor from prosecuting a state legal malpractice claim against the attorney.
Ruling: 
Sale of debtor's legal malpractice claim was proper.
ABI Membership is required to access the full summary of Parker v. Goodman (In re Parker). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Connors

Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.
Ruling: 
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
ABI Membership is required to access the full summary of In re Connors. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Humrickhouse