Northern District

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.
ABI Membership is required to access the full summary of In re Moffitt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Henderson

Chapter 7 debtors filed a motion for an extension of time to complete the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h).
Ruling: 
Exigent circumstance of imminent foreclosure on family homestead and debtor's dilligent attempts to obtain credit counseling justified extension of time to fulfill requirement.
ABI Membership is required to access the full summary of In re Henderson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Paige

A chapter 7 trustee filed a motion to sanction the debtor for his unauthorized taking and selling of four classic cars without the trustee's knowledge or consent. The trustee requested a constructive trust.
Ruling: 
Debtor sanctioned for unauthorized sale of four classic cars without trustee's knowledge or consent.
ABI Membership is required to access the full summary of In re Paige. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Jarrell

The debtor filed for relief under chapter 7 and sought exemption from the requirement of prepetition credit counseling. The creditor filed a motion to dismiss the petition for abuse, pursuant to 11 U.S.C. § 707(b).
Ruling: 
Debtor's incapacity due to mental illness justified waiver of credit counseling requirement.
ABI Membership is required to access the full summary of In re Jarrell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Gellington

Chapter 13 debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(a), asking the court to sanction the Office of the Attorney General for the State of Texas and its agent, an Assistant Attorney General, for willful violation of the automatic stay and to require the return of the funds that had garnished since the bankruptcy filing.
Ruling: 
Garnishment of debtor's wages by State after erroneous omission of support payments violated stay, but State was not subject to sanctions.
ABI Membership is required to access the full summary of In re Gellington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Baumgardner v. Baumgardner (In re Baumgardner)

Plaintiff, chapter 7 debtor's former husband, filed a complaint against debtor, alleging that debtor had no ownership interest in certain property, that he did not owe debtor any monies with regard to the sale of the property, nor owe debtor any monies for child support, and that he was entitled to reasonable attorneys'fees and costs as a sanction for violation by debtor of Fed. R. Civ. P. 11(b).
Ruling: 
Debtor's estate had no interest in real property sold to former husband just prior to petition date pursuant to divorce decree.
ABI Membership is required to access the full summary of Baumgardner v. Baumgardner (In re Baumgardner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Citifinancial Auto Ltd. v. Flores (In re Flores)

Debtors moved to confirm their proposed chapter 13 plan. The creditor which held a security interest in the debtors'vehicle filed an objection. The issue was whether, by reason of an extended warranty, the creditor's secured claim was greater than the value of the vehicle.
Ruling: 
Extended warranty service did not add value to vehicle for purposes of determining replacement cost.
ABI Membership is required to access the full summary of Citifinancial Auto Ltd. v. Flores (In re Flores). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Newhouse v. Trizec Props. Inc. (In re Hencie Consulting Servs.)

Chapter 7 trustee filed a complaint against creditor to avoid an allegedly preferential transfer pursuant to 11 U.S.C. § 547(b). Defendant raised the affirmative defense of new value pursuant to section 547(c).
Ruling: 
Permission for debtor to reenter leased premises was not new value and not sufficiently contemporaneous with later payment to establish defense to avoidance.
ABI Membership is required to access the full summary of Newhouse v. Trizec Props. Inc. (In re Hencie Consulting Servs.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Faulkner v. Berg (In re Heritage Org. LLC)

In an adversary proceeding brought by chapter 11 trustee, defendant filed a motion to withdraw reference pursuant to 28 U.S.C. § 157(d).
Ruling: 
Dispute over promissory note in favor of debtor was related to debtor's bankruptcy and appropriate for determination by bankruptcy court.
ABI Membership is required to access the full summary of Faulkner v. Berg (In re Heritage Org. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

LVR Carpet Center Inc. v. Coley (In re Coley)

Plaintiff contractor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a debt to the contractor was not dischargeable under 11 U.S.C. § 523(a)(4) based on the debtor's fiduciary defalcation in misapplying construction funds. The bankruptcy court conducted a trial concerning the amount of funds misapplied by the debtor.
Ruling: 
Detbors' failure to use fire insurance proceeds to pay repairing contractor was fiduciary defalcation rendering debt nondischargeable.
ABI Membership is required to access the full summary of LVR Carpet Center Inc. v. Coley (In re Coley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Northern District