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Southern District

Parker v. Smith (In re Parker)

Ruling: 
Creditor's refusal to furnish debtor with application for certificate of title to vehicle violated 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
Consumer case opionion summary, case decided on January 06,2014, LexisNexis #0214-004

Hoffmeister v. Early (In re Early)

Ruling: 
Creditor of builder but not of debtor who was builder's sole owner, lacked standing to object to discharge.
ABI Membership is required to access the full summary of Hoffmeister v. Early (In re Early). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-094

Leverette v. Community Bank (In re Leverette)

Ruling: 
Debtor's failure to immediately file turnover order was not a defense to creditor's willful violation of stay.
ABI Membership is required to access the full summary of Leverette v. Community Bank (In re Leverette). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2013, LexisNexis #1213-044

Fidelity Natl Title Ins. Co. v. Colson (In re Colson)

Ruling: 
Debt was nondischargeable due to debtor's comingling of trust and personal funds.
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
Consumer case opionion summary, case decided on September 23,2013, LexisNexis #1013-048

Greer v. Healthcare Fin. Servs. LLC (In re Greer)

Ruling: 
Student loan debt could not be discharged via language in chapter 13 plan.
ABI Membership is required to access the full summary of Greer v. Healthcare Fin. Servs. LLC (In re Greer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 19,2013, LexisNexis #0913-048

Wolgin v. Pilger (In re Pilger)

Creditors, real estate investors (the investors), filed a complaint asserting that defendant debtor's alleged obligations to the investors should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was dischargeable absent evidence that representation by debtor's agent was false when made.
ABI Membership is required to access the full summary of Wolgin v. Pilger (In re Pilger). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-087

Lentz v. Myers (In re Myers)

The chapter 7 trustee sought an adjudication that certain legal causes of action pursued by defendants, debtors and their subsequently-formed corporation against third-parties in a district court action were property of the debtors' chapter 7 bankruptcy estate, and whether the corporation was a successor in interest to the debtors.
Ruling: 
All property held by debtor as of date of bad faith conversion to chapter 7 was property of the estate.
ABI Membership is required to access the full summary of Lentz v. Myers (In re Myers). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 14,2013, LexisNexis #0313-105

County Credit LLC v. Tillman (In re Tillman)

Creditor filed an adversary action against joint debtors alleging debts owed by each debtor were nondischargeable under 11 U.S.C.S. § 523(a)(2) because the debtors failed to disclose payday loans allegedly outstanding at the time each debtor obtained their respective loan from the creditor.
Ruling: 
Debtor spouse's failure to disclose outstanding payday loan to creditor resulted in nondischargeable debt.
ABI Membership is required to access the full summary of County Credit LLC v. Tillman (In re Tillman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 30,2012, LexisNexis #1212-118

In re Prevalence Health LLC

The chapter 11 trustee filed an action against defendant the president and chief operating officer of the debtor, to set aside a payment as a preference pursuant to 11 U.S.C.S. § 547. Defendant argued that the transfer was not a preference because it was made in the ordinary course of the debtor's business under § 547(c)(2). Both parties filed motions for summary judgment.
Ruling: 
Transfer to debtor's president and chief operating officer avoided as preferential given inability to establish ordinary course of business exception.
ABI Membership is required to access the full summary of In re Prevalence Health LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1212-024

In re Cooper

A below-median income debtor who was not eligible to declare chapter 7 bankruptcy filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan that did not pay anything to unsecured creditors. A hospital that was owed $24,760 filed an objection to confirmation of the debtor's plan but negotiated a settlement with the debtor, and the debtor asked the court to approve the settlement and to confirm her amended plan.
Ruling: 
Confirmation denied as student loan debt was treated unfairly.
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Consumer case opionion summary, case decided on August 31,2012, LexisNexis #0213-100

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