Judge Humrickhouse

Myers v. Educational Credit Mgmt. (In re Myers)

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. The debtor brought an adversary proceeding against defendant creditor, seeking a discharge of his student loan obligations to the creditor under 11 U.S.C.S. § 523(a)(8). The creditor moved for summary judgment.
Ruling: 
Debtor who could maintain minimal standard of living denied undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-089

In re Hamlin

A chapter 13 trustee filed a motion to confirm the debtors' plan. The debtors objected, contending that the IRS had filed an amended claim significantly reducing its priority claim, and that the plan payments should be reduced. At a hearing, the debtors indicated that due to a significant change in circumstances, including reduced income, they wished to dismiss their case pursuant to 11 U.S.C.S. § 1307(b). The trustee objected.
Ruling: 
Dismissal of chapter 13 case on motion of debtors granted absent motion to convert or allegations of fraud.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-129

Legrande Hospitality v. Peel (In re Peel)

Plaintiff creditor brought an adversary proceeding against defendant chapter 7 debtor, seeking to except a debt from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The debtor moved for judgment on the pleadings.
Ruling: 
Summary judgment in favor of debtor granted in nondischargeability proceeding due to insufficiency of allegations.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0410-120

In re Woodys Enters. Inc.

A bankruptcy debtor proposed a plan of reorganization which provided for continued operation of the debtor's retail outlet based on infusions of cash, sales revenue, and real property leases. The debtor moved for confirmation of the plan.
Ruling: 
Plan confirmation denied due to discrepancies and inconsistencies in projection of revenue.
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Commercial case opionion summary, case decided on February 03,2010, LexisNexis #0410-025

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.
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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.
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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.
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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.
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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.
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