Judge Lynn

In re Williams

A trustee objected to a debtor's claim of exemption of the entire equity in his homestead and proposed modification to his confirmed chapter 13 plan.
Ruling: 
Debtor could not seek to claim all equity in homestead exempt postconfirmation and then seek to modify plan accordingly.
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Consumer case opionion summary, case decided on December 19,2007, LexisNexis #0108-104

In re Texas Star Indus. Group Ltd. Co.

A creditor of a bankruptcy debtor was oversecured and sought interest on its claim pursuant to 11 U.S.C. § 506(b). The debtor objected to the creditor's claim to the extent that the creditor claimed interest at the default rate of interest set out in loan documents rather than the lower non-default rates.
Ruling: 
Default rate of interest disallowed due to potential harm to junior creditors.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0108-075

In re Allen

Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
Ruling: 
Credit counseling requirement does not apply in involuntary cases.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1207-038

In re Bombay Co.

The debtors in possession, related retail entities, filed for relief under chapter 11. The debtors filed a motion to approve a bid procedure and process for liquidation of certain assets, pursuant to 11 U.S.C. § 363. Some of the debtors'landlords opposed the motion. The court held a hearing and issued findings and conclusions.
Ruling: 
Liquidation procedure with shortened notce provision approved given support of unsecured creditors'committee and major secured creditors.
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Commercial case opionion summary, case decided on September 26,2007, LexisNexis #1007-107

Trinity Meadows Raceway Inc. v. Texas Racing Commn (In re Trinity Meadows Raceway Inc.)

Plaintiff debtor sued, asking that the court: (i) enjoin defendants, the Texas Racing Commission and the Former and Acting Chair of the Commission, from revoking, denying, or otherwise interfering with a license; (ii) enjoin defendants from continuing to refuse to reinstate the license; and/or (iii) hold that defendants were estopped to deny the effects of debtor's bankruptcy proceeding and automatic stay. Both sides sought summary judgment.
Ruling: 
State commission's revocation of debtor's racetrack license was an exercise of regulatory power and did not violate stay.
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Rosetti v. Chase Home Fin. LLC (In re Rosetti)

Adversary defendant, a creditor and mortgagee on plaintiff debtor's home loan, moved to dismiss a chapter 13 petition with prejudice to refiling for 180 days, based on the debtor's dismissal of a prior petition, and also moved to dismiss the adversary proceeding brought against it for breach of contract and fiduciary duties concerning the debtor's escrow accounts, which was brought pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Mortgagee's claim that case had been filed in bad faith precluded by confirmation of plan.
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Loe Warren Rosenfeld Katcher Hibbs & Windsor PC v. Brooks (In re Brooks)

Defendant chapter 7 debtor filed a motion to dismiss plaintiff judgment creditor's complaint, which sought a determination that debt owed the creditor by the debtor was non- dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15).
Ruling: 
Judgment against debtor for fees incurred by attorney for debtor's spouse in divorce case was dischargeable.
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In re Lundquist

Chapter 13 debtors filed a motion to continue the automatic stay, 11 U.S.C. § 362, after a creditor effected a non-judicial foreclosure of the debtors'property.
Ruling: 
Motion to vacate dismissal did not extend pendency of case into one-year period so as to prevent stay in later case.
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Consumer case opionion summary, case decided on July 11,2007, LexisNexis #1007-041

Brown v. Kaba (In re Kaba)

Two months before filing for chapter 7 relief, debtors transferred the bulk of the proceeds from the sale of their homestead to defendant son in payment of an antecedent debt. They claimed an exemption for the amount of the payment under 11 U.S.C. § 522(d)(5), but plaintiff trustee objected and commenced an adversary proceeding to recover the payment as a preference.
Ruling: 
Debtors could not claim exemption in proceeds from sale of homestead transferred to son prior to petition date.
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In re Moffitt

The debtors filed a motion to determine the status of the automatic stay in their chapter 13 bankruptcy case.
Ruling: 
Creditor's attempted repossession of vehicle pursuant to pre-confirmation stay order violated confirmation order providing for surrender of title upon payment in full.
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