Eastern District

In re Chapman

Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
Ruling: 
Stay extended in debtors' third chapter 13 case in one year due to substantial change in financial affairs.
ABI Membership is required to access the full summary of In re Chapman. 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 March 27,2008, LexisNexis #0508-040

Lofton v. Carolina Fin. LLC (In re Lofton)

Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
Ruling: 
Creditor sanctioned for willful and service of small claims action on debtor in intentional violation of stay.
ABI Membership is required to access the full summary of Lofton v. Carolina Fin. LLC (In re Lofton). 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 March 27,2008, LexisNexis #0508-110

Lofton v. Carolina Fin. LLC (In re Lofton)

Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
Ruling: 
Damages awarded for creditor's admitted willful violation of stay.
ABI Membership is required to access the full summary of Lofton v. Carolina Fin. LLC (In re Lofton). 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 March 27,2008, LexisNexis #0508-041

In re Chapman

Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
Ruling: 
Stay imposed in debtors' third chapter 13 case in one year due to change in financial affairs that rebutted presumption of lack of good faith.
ABI Membership is required to access the full summary of In re Chapman. 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 March 27,2008, LexisNexis #0508-108

Angell v. Ray J. Pennington Inc. (In re Partitions Plus of Wilmington Inc.)

Plaintiff chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer from the debtor as preferential. The creditor had worked as a subcontractor for the debtor. The creditor asserted, inter alia, that the payments could not be avoided because they were a contemporaneous exchange for new value given to the debtor under 11 U.S.C.S. § 547(c)(1). Both parties filed summary judgment motions.
Ruling: 
Transfer was not avoidable due to applicability of contemporaneous exchange for new value defense.
ABI Membership is required to access the full summary of Angell v. Ray J. Pennington Inc. (In re Partitions Plus of Wilmington Inc.). 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 March 20,2008, LexisNexis #0808-067

In re Pearson

A creditor objected to confirmation of the debtor's chapter 13 plan.
Ruling: 
Hanging paragraph did not apply to prevent modification of loan secured by vehicle primarily driven by debtor's spouse.
ABI Membership is required to access the full summary of In re Pearson. 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 March 07,2008, LexisNexis #0408-125

In re Sak Dev. Inc.

A construction company (movant) requested an order per 11 U.S.C.S. § 506(c) requiring a bank with a security interest in certain real estate in which debtor also had an interest to reimburse movant for expenses that it claimed to have incurred to preserve the value of the real estate. Specifically, movant sought more than $150,000 on account of said expenses. The bank objected to any reimbursement and, inter alia, challenged movant's standing.
Ruling: 
Construction company was entitled to reimbursement for expenses incurred in preservation of property of the estate.
ABI Membership is required to access the full summary of In re Sak Dev. Inc.. 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 29,2008, LexisNexis #0408-078

In re Lanier

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bankruptcy debtor, seeking to deny the debtor a discharge based on the debtor's questionable activities prior to filing his bankruptcy petition. The trustee moved to compromise his claims against the debtor by allowing a discharge upon the debtor's payment of a sum over three years in quarterly installments.
Ruling: 
Trustee could not compromise with debtor who engaged in financial irregularities by offering discharge in exchange for installment payments.
ABI Membership is required to access the full summary of In re Lanier. 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 29,2008, LexisNexis #0408-053

In re Blanchard Transp. Servs.

The debtor filed a motion for an order directing turnover of property of the debtor's estate that was in the possession of the debtor's customer. In response, the customer requested that the proceedings be stayed or dismissed while the parties submitted their disputes to arbitration, or in the alternative, that the court dismiss the debtor's motion so that the debtor could initiate the matter as an adversary proceeding.
Ruling: 
Arbitration of core matters is inconsistent with Bankruptcy Code.
ABI Membership is required to access the full summary of In re Blanchard Transp. Servs.. 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 29,2008, LexisNexis #0508-024

In re Evans

Movant, a chapter 13 debtor, sought sanctions against a creditor on a claim that the creditor had violated the automatic stay imposed under 11 U.S.C.S. § 362. The creditor failed to cure the violation despite notice from debtor's counsel, did not oppose the motion, and did not appear in defense at the hearing.
Ruling: 
Creditor sanctioned for repossessing debtor's vehicle on New Year's Eve in violation of stay and failing to promptly return the vehicle upon notice of violation.
ABI Membership is required to access the full summary of In re Evans. 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 14,2008, LexisNexis #0408-039

Pages

Subscribe to Eastern District