- 11 U.S.C.
Randazzo v. Fox (In re Fox)
Dec
01
2009
Ruling
Debtor's overcharging of creditor was not grounds for nondischargeability where creditors never paid in full and could not establish damages.
Procedural posture
Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who built the owners' residence, seeking a determination that a debt to the owners for alleged overcharges by the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtors' misrepresentations.
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Litto Loan Servicing LLP v. Eads (In re Eads)
Sep
18
2009
Ruling
Order discharging lien on debtor's property vacated due to improper service of original objection.
Procedural posture
Plaintiff L.L.P. filed an adversary proceeding against defendant chapter 7 debtor, seeking an order setting aside the court's order discharging a lien on the debtor's house. The debtor opposed the L.L.P.'s action and filed counterclaims alleging that the L.L.P. violated the automatic stay, was in contempt of the court's order sustaining the debtor's objection to a claim the L.L.P. filed, and intentionally inflicted emotional distress on her.
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Court
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- 11 U.S.C.
Burford v. Novak (In re Novak)
Sep
17
2009
Ruling
Discharge denied due to pattern of concealment by debtor.
Procedural posture
In this adversary proceeding, plaintiff judgment creditor objected to the dischargeability of defendant debtor's obligations to him as well as, more generally, the entry of a discharge order in the bankruptcy case. The court conducted a trial on the adversary complaint.
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Johnson v. National City Mortg. Co. (In re Johnson)
Sep
11
2009
Ruling
Mortgage was deemed unsecured to the extent securing refinance of home equity loan extended in violation of state law.
Procedural posture
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant mortgage company, seeking a judgment that a lien the mortgage company claimed to have on the debtors' homestead was invalid or did not secure the entire indebtedness the mortgage company claimed. The case was tried to the court.
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In re Camp
Sep
04
2009
Ruling
Case of debtors living beyond means dismissed based on totality of circumstances.
Procedural posture
Bankruptcy debtors claimed an expense for their former residence, which they were unable to sell after relocating, in the calculation of their disposable income, but the U.S. Trustee asserted that the claimed expense was improper since the debtors intended to abandon the property. The trustee moved to dismiss the debtors' case based on abuse of chapter 7 bankruptcy.
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- 11 U.S.C.
Alvarado Land Dev. Inc. v. Sewell (In re Sewell)
Sep
02
2009
Ruling
Company acting as straw man for debtor's co-defendants in action brought by insurer lacked standing as creditor.
Procedural posture
Plaintiff insurer sought a determination of the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B) arising from an arbitration award and state court judgment confirming that award. Following an alleged satisfaction of the judgments, the debtors moved to dismiss. Plaintiff land development company (the company) responded to the debtors' motions, claiming to hold the judgments as the insurer's assignee.
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Eagles Sindh Inc. v. Desai (In re Desai)
Sep
02
2009
Ruling
Discharge denied due to debtor's failure to keep records, explain receipt and disposition of large sum or correct false statements and omissions in financial statement.
Procedural posture
Plaintiff creditor brought an adversary complaint against defendant debtor seeking a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) or alternatively, a denial of discharge pursuant to 11 U.S.C.S. § 727(a)(3), (a)(4) and (a)(5). The creditor had obtained a state court judgment against the debtor for unpaid rent due under a management and lease agreement for a convenience store the debtor had managed and then abandoned.
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:
- 11 U.S.C.
Moser v. Toyota Motor Credit Corp. (In re Davis)
Mar
24
2009
Ruling
Lien perfected against vehicle postpetition could be avoided and preserved for benefit of estate.
Procedural posture
Plaintiff sued filed an adversary proceeding against defendant creditor pursuant to 11 U.S.C.S. §§ 544 and 547, seeking to set aside a purchase money lien asserted by the creditor on a vehicle. The trustee also sought a judgment preserving the lien for the benefit of the estate pursuant to 11 U.S.C.S. § 551. The parties cross-moved for summary judgment.
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- 11 U.S.C.
In re Kafi
Mar
12
2009
Ruling
Debtor could not claim vehicle expense under IRS standards but only actual expenses of vehicles owned free and clear.
Procedural posture
In calculating disposable income, a chapter 7 bankruptcy debtor claimed vehicle ownership expense deductions for vehicles for which the debtor made no loan or lease payments. The United States Trustee moved to dismiss the debtor's case, asserting that the claimed expenses were not allowable and that the debtor's proper disposable income created a presumption of chapter 7 bankruptcy abuse under 11 U.S.C.S. § 707(b)(2).
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Court
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- 11 U.S.C.
In re Brown
Mar
05
2009
Ruling
Debtors who were less than forthcoming with court ordered to modify plan within 15 days or face dismissal.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code on December 15, 2005, and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and she filed a motion to dismiss the debtors' case. The debtors filed a motion seeking permission to modify their repayment plan.
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Court
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