Lanier v. Futch (In re Futch)
May
18
2011
Ruling
Pro se debtor's "ghostwritten" motion to amend judgment stricken as product of unauthorized practice of law.
Procedural posture
Plaintiff creditor filed adversary proceedings against defendant Chapter 7 debtors, seeking a determination that the debtors owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The court awarded the creditor $1,948,801 and found that the debt was nondischargeable, and the debtors filed a motion to amend the court's judgment. The court ordered the debtors to show cause why their motion should not be stricken.
ABI Membership is required to access the full summary of Lanier v. Futch (In re Futch) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Moyer v. Schloemer (In re Moyer)
Nov
05
2010
Ruling
Debts under divorce decree were dischargeable where creditor spouse failed to meet burden of proof that debtor owed debts in question.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his former spouse, seeking a judgment declaring that his former spouse was estopped from asserting that debts he owed under a divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor's former spouse filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
ABI Membership is required to access the full summary of Moyer v. Schloemer (In re Moyer) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Key Bank USA v. Lentz (In re Guess)
Sep
17
2010
Ruling
Creditor not entitled to balance of settlement proceeds of cause of action that was property of the estate.
Procedural posture
Plaintiff creditor filed a Complaint to establish the extent and validity of its right to certain settlement proceeds. The creditor asserted that it was entitled to all that remained of the settlement proceeds. Before the court was defendant Chapter 7 Trustee's motion for judgment on the pleadings, Fed. R. Bankr. P. 7012, in the alternative, for summary judgment, Fed. R. Bankr. P. 7056. The motion was treated as one for summary judgment.
ABI Membership is required to access the full summary of Key Bank USA v. Lentz (In re Guess) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Trustee v. Skinner (In re Skinner)
Sep
01
2010
Ruling
Eight-year discharge bar applied to chapter 13 case that was converted to chapter 7.
Procedural posture
The United States Trustee made a motion for a judgment on the pleadings pursuant to Fed. R. Bankr. P. 7012 on the basis that debtor was not entitled to a discharge in her current chapter 7 bankruptcy case under 11 U.S.C.S. § 727(a)(8) because she had a received a discharge in a previous chapter 7 case which was commenced within eight years before the date of the filing of the second petition in the instant case.
ABI Membership is required to access the full summary of United States Trustee v. Skinner (In re Skinner) 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 Necaise
Aug
20
2010
Ruling
Chapter 11 case closed three months after plan confirmation as fully administered but early discharge denied.
Procedural posture
The chapter 11 debtor moved for a grant of discharge and for entry of a final decree closing his case prior to the completion of all payments under his confirmed plan, pursuant to 11 U.S.C.S. § 1141(d)(5), thereby relieving him of his obligation to pay quarterly fees to the United States trustee. Alternatively, he sought to close the case without a discharge, subject to reopening for the entry of a final decree.
ABI Membership is required to access the full summary of In re Necaise Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Perkins v. Gear (In re Gear)
Aug
12
2010
Ruling
Judgment for debtor landlord's trespass and removal of fixtures from leased premises in dispute over late fees was nondischargeable.
Procedural posture
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.
ABI Membership is required to access the full summary of Perkins v. Gear (In re Gear) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McSwain v. Stennis (In re Stennis)
May
19
2010
Ruling
Debt was dischargeable absent evidence that debtor's act of cutting down trees on property in which creditor had interest was willful and malicious.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that the debt to the creditors was not dischargeable under 11 U.S.C.S. § 523(a)(6) based on the debtor's willful and malicious injury to real property in which the creditors had heirship interests by cutting down trees on the property.
ABI Membership is required to access the full summary of McSwain v. Stennis (In re Stennis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hall v. Desper (In re Desper)
Feb
19
2010
Ruling
Summary judgment in dischargeability proceeding denied where underlying jury trial judgment did not specifically find willful or malicious conduct.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor objecting to the dischargeability of a debt created by a final county court judgment pursuant to 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment or, alternatively, partial summary judgment. The debtor opposed the motion.
ABI Membership is required to access the full summary of Hall v. Desper (In re Desper) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dixon v. Bay Fin. Inc. (In re Dixon)
Feb
05
2010
Ruling
Court had power to award damages for creditor's violation of Gramm-Leach-Bliley Act by displaying debtor's social security number and other personal information in proof of claim.
Procedural posture
Chapter 13 debtor filed an adversary proceeding against defendant creditor, claiming that the creditor violated the Gramm-Leach-Bliley Act, 15 U.S.C.S. §§ 6801-6809, Fed. R. Civ. P. 5.2, Fed. R. Bankr. P. 9037, local bankruptcy rules, and committed invasion of privacy under Mississippi law. The creditor filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or, in the alternative, for summary judgment.
ABI Membership is required to access the full summary of Dixon v. Bay Fin. Inc. (In re Dixon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Galloway v. EMC Mortg. Co. (In re Galloway)
Jan
29
2010
Ruling
Debtor properly stated claims for creditor's violation of stay.
Procedural posture
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).
ABI Membership is required to access the full summary of Galloway v. EMC Mortg. Co. (In re Galloway) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: