Judge Mayer

Johnson v. Cadles of Grassy Meadows II LLC (In re Johnson)

Respondent creditor obtained a judgment against movant bankruptcy debtor before the debtor filed her bankruptcy petition, and the creditor docketed the judgment which created a lien against the debtor's real property. The debtor received a discharge and moved for relief against the creditor for violation of the discharge stay by not causing the judgment to reflect the discharge.
Ruling: 
Creditor ordered to correct judgment docket to reflect discharge.
ABI Membership is required to access the full summary of Johnson v. Cadles of Grassy Meadows II LLC (In re Johnson). 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 10,2012, LexisNexis #0312-048

Secrest v. Secrest (In re Secrest)

Creditor wife sought relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(2) or (d)(1), to pursue equitable distribution of the property owned with debtor husband, in a pending divorce case. The debtor and the chapter 7 trustee opposed her motion.
Ruling: 
Relief from stay granted to allow debtor's spouse equitable distribution provided no property was transferred out of the estate.
ABI Membership is required to access the full summary of Secrest v. Secrest (In re Secrest). 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 July 15,2011, LexisNexis #0811-075

Mathews v. US Bank (In re Mathews)

Plaintiff Chapter 13 debtor filed an adversary proceeding against defendants, a bank and the Internal Revenue Service ("IRS"), seeking an order under 11 U.S.C.S. § 506 which allowed her to strip-off the bank's second deed of trust and a tax lien the IRS placed on her residence. The bank failed to answer the debtor's complaint, but the IRS filed an answer. The debtor filed a motion for summary judgment.
Ruling: 
Debtors could not strip off IRS lien due to bad faith in using bankruptcy to obtain relief for non-debtor co-owner who was primary obligor.
ABI Membership is required to access the full summary of Mathews v. US Bank (In re Mathews). 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 31,2011, LexisNexis #0611-116

Todhunter v. First Sav. Mortg. Corp. (In re Todhunter)

Chapter 11 debtor filed an adversary proceeding against defendant mortgage company, seeking an order preventing a trustee's sale of real property the debtor and his wife owned as tenants by the entireties, and he filed a motion for an expedited hearing and a temporary stay of the sale.
Ruling: 
Serial filer's proceeding to prevent sale of real property denied as attempt to circumvent expiration of stay after 30 days.
ABI Membership is required to access the full summary of Todhunter v. First Sav. Mortg. Corp. (In re Todhunter). 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 January 04,2011, LexisNexis #0211-006

In re RMAA Real Estate Holdings LLC

In an involuntary Chapter 11 case, a bank filed a motion for sanctions against three petitioners and their counsel under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 303(i)(2).
Ruling: 
Bank did not have standing to bring motion against petitioners and counsel for filing involuntary petition for improper purpose.
ABI Membership is required to access the full summary of In re RMAA Real Estate Holdings 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 December 10,2010, LexisNexis #0111-072

In re RMAA Real Estate Holdings LLC

Debtor and others were plaintiffs in this matter. A real estate company and others were defendants. Certain creditors asserted in their complaint that a foreclosure sale held on September 13, 2010, was not valid because the September 10, 2010, order granting relief from the automatic stay was itself stayed by Fed. R. Bankr. P. 4001(a)(3) for 14 days. A creditor (bank) secured by a first deed of trust in debtor's real estate moved to dismiss.
Ruling: 
Foreclosure sale was valid where court had waived 14-day stay of order granting relief from stay.
ABI Membership is required to access the full summary of In re RMAA Real Estate Holdings 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 November 15,2010, LexisNexis #1210-138

Pugsley v. Jalajel (In re Jalajel)

Plaintiff trustee filed a complaint seeking to deny the debtor a discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to schedule jewelry, his undervaluing of jewelry he did schedule, and his selling of jewelry that was property of the estate after the filing of the petition and without court authorization.
Ruling: 
Discharge denied due to debtor's failure to schedule jewelry, undervaluing of other jewelry and unauthorized postpetition sale of estate property.
ABI Membership is required to access the full summary of Pugsley v. Jalajel (In re Jalajel). 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 October 08,2010, LexisNexis #1110-058

Gordon Props. LLC v. First Owners Assn of Forty Six Hundred Condo. (In re Gordon Props. LLC)

Chapter 11 debtor filed an action against defendant, a condominium unit owners' association, claiming that the association violated 11 U.S.C.S. § 362 when it did not count the debtor's votes at an annual meeting that was held to elect officers. The debtor asked the court for an order requiring the association to reconvene the meeting and to count its votes.
Ruling: 
Condominium association's failure to count debtor's votes at annual meeting was not a violation of stay.
ABI Membership is required to access the full summary of Gordon Props. LLC v. First Owners Assn of Forty Six Hundred Condo. (In re Gordon Props. 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 June 02,2010, LexisNexis #0910-004

ATM Contr. Inc. v. Mueller (In re Mueller)

Plaintiff creditor filed an adversary proceeding seeking a determination that a debt arising from defendant chapter 7 debtor's misrepresentations in certain lien waivers was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). After the court granted the creditor's motion for summary judgment and awarded judgment to the creditor, it addressed the issue of attorney's fees.
Ruling: 
Creditor awarded reasonable attorneys' fees in connection with successful nondischargeability proceeding.
ABI Membership is required to access the full summary of ATM Contr. Inc. v. Mueller (In re Mueller). 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 April 28,2010, LexisNexis #0710-117

In re Qimonda AG

Patent owners brought an action before the International Trade Commission for patent infringement against a debtor in foreign insolvency proceedings, and a bankruptcy court entered an order recognizing the foreign proceedings. The Commission contended that the action before the Commission was excepted from the automatic bankruptcy stay under 11 U.S.C.S. § 362(b)(4).
Ruling: 
Patent infringement action before the International Trade Commission was subject to stay once debtor's foreign insolvency proceeding was recognized.
ABI Membership is required to access the full summary of In re Qimonda AG. 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 16,2010, LexisNexis #0410-109

Pages

Subscribe to Judge Mayer