In re Nestor
Nov
08
2007
Ruling
Judgment lien avoided as imposed while debtor still had an interest in real property that was later sold at foreclosure sale.
Procedural posture
A debtor converted his former chapter 13 proceeding to a chapter 7 proceeding. The debtor sought to avoid a judicial lien, pursuant to 11 U.S.C. § 522(f), that was entered pursuant to a state court judgment entered against the debtor for civil penalties incurred for alleged violations of the West Virginia Consumer Credit and Protection Act.
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Court
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Johnston v. Valley Credit Servs. (In re Johnson)
Oct
25
2007
Ruling
Actions by collection agency for municipal water department that did not receive notice of bankruptcy did not violate discharge injunction.
Procedural posture
Plaintiff debtor filed an action against defendant collection agency alleging that the agency violated the discharge injunction, pursuant to 11 U.S.C. § 524(a), by allegedly engaging in postpetition collection activity. The debtor filed a motion for summary judgment and the agency filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
Puller v. Credit Collections USA Inc. (In re Puller)
Jun
20
2007
Ruling
Creditor's postpetition failure to timely correct misinformation provided to credit reporting agencies prepetition violated discharge.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant collection agency to vindicate an alleged violation of her discharge injunction. Specifically, she alleged that, by providing information to credit reporting agencies prepetition, and by failing to timely correct that information post-discharge, it engaged in an act to collect a discharged debt. The case was before the court on the collection agency's motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Cottrill
Jun
19
2007
Ruling
Debtor could not reaffirm debts post-discharge where no action had been taken within 30 days of creditors'meeting.
Procedural posture
The debtors filed for relief under chapter 7 and they received a chapter 7 discharge in December, 2006. In February, 2007, the debtors filed reaffirmation agreements, with respect to two vehicles owned by the debtors and financed by the creditors, to waive the requirements of 11 U.S.C. § 524(c)(1). The court denied the motions at a hearing and set forth a memorandum opinion memorializing its ruling.
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Court
:
- 11 U.S.C.
United Bank Inc. v. Fedczak (In re Fedczak)
Jun
06
2007
Ruling
Discharge denied due to debtor's concealment of stock ownership.
Procedural posture
Plaintiff bank filed a complaint to deny defendant debtor a discharge in the debtor's chapter 7 bankruptcy proceeding, pursuant to 11 U.S.C. § 727(a)(2)(A). The bank contended that the debtor concealed property during the year preceding the bankruptcy filing.
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Court
:
- 11 U.S.C.
Wilson v. Wilson (In re Wilson)
Jun
06
2007
Ruling
Attorney's fees of debtor's former husband and guardian ad litem resulting from debtor's false accusation of sexual abuse of daughter were excepted from discharge.
Procedural posture
Plaintiff, the former husband of defendant chapter 7 debtor, filed a motion for summary judgment on his complaint to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(2), (6) or (15). On similar grounds, a second plaintiff, the guardian ad litem for the daughter of the husband and the debtor, filed a motion for summary judgment to except a debt from discharge. The debtor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
In re McNeeley
Apr
09
2007
Ruling
Plan proposing retention of houseboat in which there was no equity while paying unsecured creditors less than eight percent of total claims was not proposed in good faith.
Procedural posture
Creditor sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2). Creditor and trustee objected to confirmation of chapter 13 debtors'proposed plan.
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Court
:
- 11 U.S.C.
In re Estate of LaRosa
Feb
28
2007
Ruling
Application of deceased debtor's counsel's law firm to be appointed as special counsel for administration of debtor's estate denied.
Procedural posture
The debtors, a husband and wife, filed for relief under chapter 11. While the matter was pending, the debtor husband died. Counsel for the debtors filed an application with the court to approve employment of the counsel's law firm as special counsel for the administration of the deceased debtor's estate, pursuant to 11 U.S.C. § 327. The creditors objected to the application.
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Court
:
- 11 U.S.C.
In re Bardell
Feb
08
2007
Ruling
Debtor could not cure mortgage arrearage once equitable interest in property was extinguished by foreclosure.
Procedural posture
Chapter 13 debtor filed a motion requesting that creditor be held in contempt of court for rejecting debtor's postpetition mortgage payments. Creditor filed a motion for relief from stay. Debtor filed a motion to filed a late proof of claim.
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Court
:
- 11 U.S.C.
Robinson v. Robinson (In re Robinson)
Feb
05
2007
Ruling
Award of interest in property specifically labeled as property distribution in divorce decree was dischargeable due to debtor's inability to pay.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse arising from the parties'divorce was not dischargeable under 11 U.S.C. § 523(a)(5) and (15), and on the basis of an equitable lien. The bankruptcy court conducted a trial.
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Court
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