Northern District

Perkins v. Gear (In re Gear)

Creditor filed a complaint against chapter 13 debtor seeking a determination that a debt created by a state court judgment was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
Ruling: 
Judgment for debtor landlord's trespass and removal of fixtures from leased premises in dispute over late fees was nondischargeable.
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Consumer case opionion summary, case decided on August 12,2010, LexisNexis #1010-017

In re Webb

A chapter 7 debtor filed a motion seeking a determination that the negotiation of his check by a creditor constituted a willful and malicious violation of the automatic stay as provided in 11 U.S.C.S. § 362(a). He requested a finding of contempt against the creditor and sanctions for its conduct.
Ruling: 
Postpetition negotiation of check did not violate stay but did effect an avoidable transfer.
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Consumer case opionion summary, case decided on May 18,2010, LexisNexis #0710-092

Montgomery v. Canerdy (In re Canerdy)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor seeking a determination that a judgment debt should be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Damages in assault case were based on willful and malicious injury and were nondischargeable.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-139

In re Brewer

Defendant doctors filed a motion for an order clarifying a judgment entered by the Circuit Court of Shelby County (Tennessee), which awarded the doctors $ 9,884 in costs in a medical malpractice action that was filed by plaintiff chapter 7 debtor, and the effect 11 U.S.C.S. § 362 had on the state court's award. The debtor asked the court to determine if the debt was discharged and to impose sanctions on the doctors and their attorneys.
Ruling: 
Relief from stay to allow debtor to collect award of costs in malpractice case denied.
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Consumer case opionion summary, case decided on March 02,2010, LexisNexis #0510-108

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

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