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Northern District

Galloway v. EMC Mortg. Co. (In re Galloway)

Plaintiff debtor brought against defendant secured creditor alleging violations of the automatic stay under 11 U.S.C.S. § 362, violations of 11 U.S.C.S. §§ 105(a) and 506(b), and Fed. R. Bankr. P. 2016, for failing to properly account for the monies paid, and for attempting to collect funds post discharge. The creditor moved to dismiss the claims under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor properly stated claims for creditor's violation of stay.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0310-105

In re England Motor Co.

Bankruptcy debtors were a parent corporation and two subsidiaries, the parent obtained loans from a bank but did not have an account at the bank, and the subsidiaries had deposit accounts at the bank. The bank moved for relief from the automatic bankruptcy stay to allow the bank to set off amounts deposited in the subsidiaries' accounts against the parent's loan debt to the bank under 11 U.S.C.S. § 553.
Ruling: 
Relief from stay granted to the extent creditor bank could set off debtor subsidiary's account against debtor parent's debt.
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Commercial case opionion summary, case decided on January 19,2010, LexisNexis #0310-050

In re Hardaway

Chapter 13 trustees filed an adversary class action complaint against defendant creditors, alleging that the creditors filed proofs of claim and amended proofs of claim through which they sought the payment of escrow shortages and, in the same claims, sought the payment of delinquent monthly installments which included the same escrow shortages. The creditors filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6).
Ruling: 
Trustees could object to mortgage creditor's claims and seek to recover excess payments in same adversary proceeding.
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Consumer case opionion summary, case decided on January 05,2010, LexisNexis #0210-006

In re Belk Props. LLC

Movants, the debtor-in-possession and its postpetition lender, sought an order authorizing postpetition financing pursuant to 11 U.S.C.S. § 364(c)(1) and § 364(d), whereby the lender would advance an additional $2,000,000 to the debtor's real estate project pursuant to a term sheet that would give the postpetition lender control over the project. Several objector-creditors opposed the motion, including the construction lender.
Ruling: 
Postpetition financing that would give lender control over construction project and fail to protect creditors denied.
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Commercial case opionion summary, case decided on December 23,2009, LexisNexis #0210-004

In re Grafton

Before the court was the question of whether the chapter 13 plan filed by debtors should be confirmed; an objection to confirmation of the plan having been filed by debtor's former wife.
Ruling: 
Confirmation denied due to failure to provide for full payment of support debt owed to former spouse.
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Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0210-050

Ramsey v. Countrywide Home Loans Inc. (In re Ramsey)

Plaintiff debtor brought an adversary complaint against defendant mortgage lender, seeking a declaratory judgment that the latter's deed of trust, on which the debtor asserted that his signature had been forged. If the debtor had not signed the deed of trust, he asserted that the deed of trust was void and unenforceable under Miss. Code Ann. § 89-1-29 (1980).
Ruling: 
Mortgage claim disallowed given evidence that debtor's signature had been forged.
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Consumer case opionion summary, case decided on October 30,2009, LexisNexis #1209-041

In re Jones

Chapter 13 debtor alleged that defendant creditors, her mortgagee and insurer, violated Fed. R. Bankr. P. 2016(a) when they demanded the payment of a forceplaced hazard insurance premium following the debtor's discharge. The creditors moved for summary judgment on the claim. The debtor argued that the claim for the premium should be disallowed.
Ruling: 
Payments for foreplaced insurance coverage offset by sanctions against creditor for violation of court orders.
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Consumer case opionion summary, case decided on October 29,2009, LexisNexis #0210-070

Emigrant Mortg. Co. v. Vice

Appellant mortgage company challenged the United States Bankruptcy Court for the Northern District of Mississippi's ruling denying its motion to lift the automatic bankruptcy stay so that it might foreclose upon property owned by appellees, debtors. After filing for bankruptcy, the debtors did not make any payments until they were ordered to be made by the bankruptcy court as adequate protection during the pendency of the bankruptcy stay.
Ruling: 
Bankruptcy court's refusal to lift stay affirmed given adequate protection.
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Consumer case opionion summary, case decided on October 13,2009, LexisNexis #1109-041

Brooks v. Northwest Airlines Inc.

In a slip and fall case, plaintiff passenger sued defendant airline and airport authority. About a year later, the airline filed a voluntary petition under chapter 11. A notice of bankruptcy was filed with the present court, which entered a stay. The bankruptcy court confirmed the airline's plan of reorganization. The airline moved for summary judgment.
Ruling: 
Disputed slip and fall claim against debtor airline discharged pursuant to confirmed plan where creditor did not follow required procedures.
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Commercial case opionion summary, case decided on September 23,2009, LexisNexis #1009-103

In re Hines

A creditor filed motions for reconsideration of an opinion and order entered by the court in two chapter 13 bankruptcy cases that essentially disallowed the creditor's claims in both of the cases for force placed insurance premiums that had been assessed during the administration of the cases because the creditor had not complied with Fed. R. Bankr. P. 2016(a).
Ruling: 
Insurance company not entitled to reimbursement of necessary expenses due to failure to file required application with the court.
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Consumer case opionion summary, case decided on June 18,2009, LexisNexis #0809-140

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