Southern District

Doeling v. Coating Specialties LLC (In re Toftness)

Chapter 7 trustee filed an action against defendants, a debtor and several businesses and financial entities, seeking an order under 11 U.S.C.S. § 727(d)(2) which revoked a discharge the debtor received after he declared chapter 7 bankruptcy. The U. S. Bankruptcy Court for the District of Minnesota entered an order revoking the debtor's discharge, and the debtor appealed.
Ruling: 
Discharge properly revoked due to debtor's failure to disclose ownership of two LLCs or report payments received from energy company.
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Consumer case opionion summary, case decided on November 29,2010, LexisNexis #1210-094

Williams v. Basic Contr. Servs.

Plaintiff former employee filed suit based on her allegedly unlawful termination by defendant employer. The complaint alleged: (1) intentional infliction of emotional distress; (2) unlawful reprisal on the basis of whistleblowing in violation of 41 U.S.C.S. § 265; and (3) termination of employment in violation of substantial public policy. The employer filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
Ruling: 
Debtor's defense that failure to disclose EEOC claim in bankruptcy was inadvertent was sufficient to prevent dismissal.
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Consumer case opionion summary, case decided on November 09,2009, LexisNexis #1209-014

Sampson v. Chase Home Fin.

Plaintiffs, mortgagors, sued defendants, bank, mortgage corporation, loan assignee, and mortgage broker, and asserted state law causes of action related to the origination, terms, and execution of the loan, the balloon note, and the forbearance agreement. The bank, mortgage corporation, loan assignee, and mortgage broker removed the action to federal court. The bank, the mortgage corporation, and the loan assignee filed motions to dismiss.
Ruling: 
Debtor's failure to timely raise claims regarding origination, terms and execution of loan resulted in waiver.
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Consumer case opionion summary, case decided on November 03,2009, LexisNexis #1209-030

Davis v. Rutherford

Plaintiff debtors sued defendants, a sheriff, a clerk, and a purchaser, in state court to nullify a tax sale of their residence. Defendant purchaser removed the case, claiming that plaintiffs' claims were based upon 11 U.S.C.S. § 362(a). Plaintiffs, intervenor bank, and all defendants but the purchaser sought a remand, fees, and costs. A magistrate recommended granting the remand but denying fees and costs. Objections were filed.
Ruling: 
Debtor's state court case that was not timely removed by defendant remanded.
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Consumer case opionion summary, case decided on August 20,2009, LexisNexis #0909-115

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)

Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
Ruling: 
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #0109-073

Brantley v. Williams

Plaintiffs, the putative purchasers of stock in the non-party debtor corporation from defendant seller, moved for a temporary restraining order and preliminary injunction to enjoin the sale of the stock pending the outcome of the involuntary bankruptcy case. The court considered the issue whether unusual circumstances were present, such that the automatic stay in the bankruptcy case should apply restrain further action in the instant case.
Ruling: 
Dispute involving purchase of non-party involuntary debtor corporation's stock stayed pending resolution of bankruptcy.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-001

Barker v. King

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.
Ruling: 
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-062

Barker v. King

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.
Ruling: 
124 medical malpractice cases against debtor remanded to state court.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-025

Green Tree Servicing LLC v. Taylor (In re Taylor)

Appellant creditor and appellee debtor filed cross-appeals from an order in which the bankruptcy court awarded $5,000 in compensatory damages to the debtor pursuant to former 11 U.S.C. § 362(h) (now 11 U.S.C. § 362(k)) based on the creditor's willful violation of the automatic stay.
Ruling: 
Bankruptcy court properly awarded compensatory damages where creditor's willful violation of stay caused debtor to have a seizure.
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