In re Gregg
Dec
19
2014
Ruling
Purchaser of debtor's note was not entitled to attorneys' fees and expenses incurred in an attempt to collect a debt or to consulting fees that were charged by the management firm the purchaser owned.
Issue(s)
Was purchaser of debtor's note entitled to attorneys' fees and expenses or to consulting fees that were charged by the management firm the purchaser owned?
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Court
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In re Pressley
Oct
16
2014
Ruling
Case dismissed with 270-day filing bar due to unreasonable delay and prejudice to creditors as well as diminishment of estate and lack of hope of rehabilitation.
Issue(s)
Should debtor's third case filed under chapter 12 be dismissed?
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Court
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In re Hanckel
Oct
01
2014
Ruling
Trustee could employ professional who was also employed by creditor where interests were aligned.
Issue(s)
Could trustee retain an attorney who also represented creditors?
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Court
:
- 11 U.S.C.
Vieira v. CertusBank Natl Assn (In re Ladd)
Sep
04
2014
Ruling
Trustee's state law causes of action for which suits were not filed within two years of petition date were time barred.
Issue(s)
Were trustee's actions relating to loan agreements time barred?
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Court
:
- 11 U.S.C.
Goodwin v. Custom Am. Auto Parts LLC (In re Pigg)
Jul
25
2014
Ruling
Transfer for less than reasonably equivalent value set aside.
Issue(s)
Should prepetition transfers be set aside as made in exchange for less than reasonably equivalent value?
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Court
:
- 11 U.S.C.
In re Lighty
Jul
21
2014
Ruling
Mortgage creditor entitled to attorneys' fees and expenses of filing proofs of claim pursuant to default terms of mortgage.
Issue(s)
Whether payment of mortgagee's attorneys' fees was "required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance with § 1322(b)(5) of the Code."
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Court
:
- 11 U.S.C.
Mann v. Mann (In re Mann)
Jun
04
2014
Ruling
Discharge denied due to failure to provide material financial information.
Issue(s)
Was debt under marital settlement agreement, including credit card debt the debtor was obligated to pay and the former ended up paying because the spouse's credit was at risk, nondischargeable?
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Court
:
- 11 U.S.C.
Gecy v. Bank of Ozarks (In re Gecy)
Apr
25
2014
Ruling
Creditors' motion suggesting they were seeking summary judgment in a breach of guaranty action violated the discharge injunction.
Issue(s)
Was creditor's motion in a breach of guaranty action, implying that summary judgment was being sought not only against non-debtor parties but also against debtor, a violation of the discharge injunction?
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Court
:
In re Pressley
Nov
14
2013
Ruling
Case dismissed due to continuing loss or diminution of estate and lack of likelihood of rehabilitation.
Issue(s)
Should case be dismissed because of continuing losses and an absence of a reasonable likelihood of rehabilitation?
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Court
:
- 11 U.S.C.
CoastalStates Bank v. Paxton (In re Paxton)
Oct
31
2013
Ruling
Debt to bank was dischargeable absent evidence of fraudulent misrepresentations.
Issue(s)
Were representations debtor made in loan application fraudulent so as to render debt nondischargeable.
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Court
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