Skip to main content

Page Banner(Taxonomy)

judge olack

In re Lush

Ruling
Postpetition, predischarge inheritance was property of debtor's estate and could be distributed to creditors.
Issue(s)
Was debtor required to turn over postpetition, predischarge inheritance as property of the estate?

ABI Membership is required to access the full summary of In re Lush Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 01, 2015 , LexisNexis #1015-135

In re Howard

Ruling
Abandonment of environmentally contaminated property granted and settlement with alleged contributors to contamination approved.
Issue(s)
Could debtor's environmentally contaminated property be abandoned and settlement with contaminating parties approved?

ABI Membership is required to access the full summary of In re Howard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 23, 2015 , LexisNexis #0815-093

Whitehead v. Holyfield (In re Holyfield)

Ruling
Insurance proceeds from destruction of mobile home were property of the estate and revested with debtor upon dismissal.
Issue(s)
Were insurance proceeds from vandalizing of chapter 13 debtor's mobile home property of the estate and to be turned over to debtor following dismissal?

ABI Membership is required to access the full summary of Whitehead v. Holyfield (In re Holyfield) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 16, 2015 , LexisNexis #0815-063

First Bank v. Adams (In re Adams)

Ruling
Discharge denied due to debtors' concealment of furniture, artwork, jewelry, and firearms and failure to deposit funds into debtors in possession account.
Issue(s)
Was concealment of furniture, artwork, jewelry, and firearms of significant value by debtors in possession and failure to deposit funds in debtors in possession account grounds for denial of discharge?

ABI Membership is required to access the full summary of First Bank v. Adams (In re Adams) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 22, 2015 , LexisNexis #0515-096

In re Johnson

Ruling
Relief from stay granted to allow truck rental company to pursue replevin action.
Issue(s)
Should relief from stay be granted to truck rental to allow replevin proceeding against debtor's truck?

ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 27, 2015 , LexisNexis #0415-078

In re Tatum

Ruling
Relief from stay denied where creditor's "judgment for possession" was not final.
Issue(s)
Was judgment for possession that was still subject to appeal a final so as to allow creditor to seek relief from stay to enforce the judgment?

ABI Membership is required to access the full summary of In re Tatum Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2015 , LexisNexis #0615-005

Thomas v. Rice (In re Rice)

Ruling
Debt was nondischargeable due to debtor's fraud regarding payments on mobile home.
Issue(s)
Was debt nondischargeable due to debtor's misrepresentations regarding lien on mobile home to purchaser?

ABI Membership is required to access the full summary of Thomas v. Rice (In re Rice) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 20, 2015 , LexisNexis #0315-082

Touchstone v. T & S Sawmill Inc. (In re Touchstone)

Ruling
Items in creditor's possession that were necessary to debtor's ongoing operations order turned over to the trustee.
Issue(s)
Should creditor be ordered to turn over property in its possession that were necessary for debtor's reorganization?

ABI Membership is required to access the full summary of Touchstone v. T & S Sawmill Inc. (In re Touchstone) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 29, 2015 , LexisNexis #0215-127

In re Adams

Ruling
Actions taken by repossession men as agents of creditor violated stay and were grounds for damages.
Issue(s)
Should creditor be sanctioned due to violation of stay by its agents who repossessed debtor's vehicle?

ABI Membership is required to access the full summary of In re Adams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2014 , LexisNexis #0914-080

Country Credit LLC v. Martin (In re Martin)

Ruling
Debtor's failure to inform lender of child support obligation when applying for loan was not grounds for nondischargeable debt where lender did not specifically ask for that information.
Issue(s)
Whether the Debtor made misrepresentations or omissions to lender regarding outstanding child support obligations that would render the resulting debt nondischargeable?

ABI Membership is required to access the full summary of Country Credit LLC v. Martin (In re Martin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 10, 2014 , LexisNexis #0814-053