- 11 U.S.C.
West v. GJ Tax Sale Props. LLC (In re West)
May
22
2014
Ruling
Tax sale was void due to untimely notice to debtor.
Issue(s)
Should tax sale be set aside as void where debtor did not receive notice in accordance with state law.
ABI Membership is required to access the full summary of West v. GJ Tax Sale Props. LLC (In re West) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Apr
10
2014
Ruling
Prepetition seller's postpetition withholding of title to vehicle purchased by debtor violated stay and was grounds for damages.
Issue(s)
Did individual who sold vehicle to debtor prior to petition date violate the automatic stay by refusing to turn over title to the vehicle after postpetition accident?
ABI Membership is required to access the full summary of Parker v. Smith (In re Parker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Fugitt v. Mississippi Dept of Revenue (In re Fugitt)
Feb
25
2014
Ruling
Motion for sanctions denied due to debtor's failure to allow creditor to amend answer.
Issue(s)
Could debtor's motion for sanctions against state department of revenue for "disingenuous" answer to complaint in proceeding to determine the validity and dischargeability of taxes be granted absent compliance with "safe harbor" service requirement?
ABI Membership is required to access the full summary of Fugitt v. Mississippi Dept of Revenue (In re Fugitt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Feb
25
2014
Ruling
Creditor's delayed production of motor vehicle title was not grounds for reversal of judgment of stay violation.
Issue(s)
Should judgment for violation of stay for failure to turn over certificate of title to motor vehicle be reversed given creditor's delayed production of the certificate?
ABI Membership is required to access the full summary of Parker v. Smith (In re Parker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Russell
Jan
21
2014
Ruling
Claim disallowed as filed after bar date.
Issue(s)
Should proof of claim filed more than 550 days after the bar date be disallowed.
ABI Membership is required to access the full summary of In re Russell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Jan
06
2014
Ruling
Creditor's refusal to furnish debtor with application for certificate of title to vehicle violated stay.
Issue(s)
Did creditor's refusal to provide debtor with application for certificate of title to motor vehicle violate the automatic stay.
ABI Membership is required to access the full summary of Parker v. Smith (In re Parker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Tucker
Oct
28
2013
Ruling
Debtor could not modify plan in order to surrender collateral and treat deficiency as unsecured due to lack of good faith.
Issue(s)
Could debtor modify plan so as to surrender collateral and have any deficiency treated as an unsecured claim.
ABI Membership is required to access the full summary of In re Tucker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fidelity Natl Title Ins. Co. v. Colson (In re Colson)
Sep
23
2013
Ruling
Debt was nondischargeable due to debtor's comingling of trust and personal funds.
Issue(s)
Did debtor's commingling of personal and trust funds to detriment of creditor title insurance company result in nondischargeable debt .
ABI Membership is required to access the full summary of Fidelity Natl Title Ins. Co. v. Colson (In re Colson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Walls
Jul
09
2013
Ruling
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
Issue(s)
Whether a chapter 13 debtor's claim that an unsecured nonpriority claim the Internal Revenue Service ("IRS") filed against his bankruptcy estate could be resolved as a contested matter or had to be resolved in an adversary proceeding, and if an adversary proceeding was required, whether that proceeding had to be filed in the debtor's earlier bankruptcy case after that case were reopened or could be filed in the debtor's open chapter 13 case.
ABI Membership is required to access the full summary of In re Walls Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Taylor
Mar
27
2013
Ruling
Notice of payment change was not entitled to prima facie presumption of validity and disallowed where creditor did not meet necessary burden.
Procedural posture
Before the court was debtor's objection to proof of claim (the "Objection"), and the creditor's response thereto. Also before the court was the creditor's Notice of Mortgage Payment Change (the "First Payment Change") and debtor's objection thereto, as well as the creditor's Notice of Mortgage Payment Change (the "Second Payment Change"), and debtor's objection thereto. A hearing was held.
ABI Membership is required to access the full summary of In re Taylor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: