Judge Parker

Rushing v. Green Tree Servicing LLC (In re Rushing)

Defendants, a creditor and its agent, filed a motion to dismiss the complaint filed by plaintiffs, Chapter 13 debtor and his non-debtor spouse, which alleged that the creditor was liable under 11 U.S.C.S. § 362(k) for the automatic stay violations arising from the creditor's conduct in the debtor's bankruptcy case. Alternatively, defendants sought abstention in favor of arbitration or a stay pending arbitration.
Ruling: 
Debtor's claim for violation of stay was not subject to arbitration.
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Consumer case opionion summary, case decided on October 06,2010, LexisNexis #1110-070

Gamble-Ledbetter v. Andra Group LP (In re Gamble-Ledbetter)

Plaintiff creditor sought to deny the entry of a chapter 7 discharge in favor of defendant debtor, pursuant to 11 U.S.C.S. § 727(a)(4)(A) or , alternatively, sought a determination of whether a debt allegedly owed to it by the debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4) or (a)(6).
Ruling: 
Embezzlement judgment against debtor's bookkeeper was excepted from discharge.
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Consumer case opionion summary, case decided on October 27,2009, LexisNexis #1209-047

In re Dugas

Debtors filed a motion seeking an order commanding a corporation to disgorge the funds which it had received from a state court and to direct the transfer to the court registry of all remaining funds deposited with the state court. The court found that the corporation violated the automatic stay and awarded the debtors actual and punitive damages. The court granted the corporation's motion for relief from judgment and vacated the initial order.
Ruling: 
Corporation's withdrawal of interpled funds from state court registry violated stay.
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Consumer case opionion summary, case decided on October 13,2009, LexisNexis #1109-102

Collier v. Hill (In re Collier)

Debtor brought an adversary proceeding against creditor alleging that the creditor violated the automatic stay of 11 U.S.C.S. § 362(a) by demanding payment of a debt to the creditor despite knowledge of the debtor's bankruptcy. The debtor sought actual damages, costs, attorney's fees, and punitive damages under § 362(k).
Ruling: 
Debtor awarded damages for creditor's violation of stay through continued collection activities including posting a public sign.
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Consumer case opionion summary, case decided on April 07,2009, LexisNexis #0609-073

In re Herman

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtor's transfer and concealment of assets and the debtor's omissions in her bankruptcy schedules.
Ruling: 
Discharge denied due to debtor's concealment of assets and false statements.
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Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0509-104

Goldberg v. Clay (In re Smith)

Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
Ruling: 
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-067

Neary v. Guillet (In re Guillet)

Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
Ruling: 
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-069

Neary v. Guilleet (In re Guillet)

Plaintiff sued defendant chapter 7 debtors, seeking to deny the entry of a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2), (a)(3), or (a)(5) because of the debtors'involvement in an apparent Nigerian money scam. The court held a trial.
Ruling: 
Debtor's transfer of funds to Nigerian scam was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 29,2008, LexisNexis #0109-035

In re Sanford

The second amended chapter 13 plan filed by the debtors came on for confirmation. The creditor, the Internal Revenue Service (IRS) filed objection thereto, challenging the debtors' proposal that they would disburse payments, and otherwise did not comply with 11 U.S.C.S. §§ 1325(a)(5) and 1326(b).
Ruling: 
Confirmation denied due to debtor's proposal to pay secured claim directly to IRS instead of through chapter 13 trustee.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0908-126

In re Long

The debtor moved for confirmation of her chapter 13 plan. The chapter 13 trustee objected to the confirmation of the plan on the ground that the debtor was not applying all of her projected disposable income to payments for the benefit of unsecured creditors in contravention of 11 U.S.C.S. § 1325(b)(1)(B). The debtor sought to deduct a secured debt payment for collateral that was being surrendered.
Ruling: 
Above median debtor not permitted to deduct payments on surrendered vehicle.
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Consumer case opionion summary, case decided on April 25,2008, LexisNexis #0608-024

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