Wilborn v. Wells Fargo Bank (In re Wilborn)
Mar
24
2009
Ruling
Class certification granted in debtors' proceeding alleging that mortgage creditor improperly collected fees during pendency of cases.
Procedural posture
Debtors filed an action against mortgage company alleging that it collected attorneys' fees, costs, and other charges from chapter 13 debtors without the appropriate disclosures or court approval as required by 11 U.S.C.S. § 506(b) and Fed. R. Bankr. P. 2016. The debtors filed a motion for class certification.
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Court
:
- 11 U.S.C.
North Bay Gen. Hosp. Inc. v. McNaull (In re North Gen. Hosp. Inc.)
Mar
18
2009
Ruling
Pleadings in unrelated case that might show pattern of wrongdoing by debtor's former lawyers regarding retention ordered unsealed.
Procedural posture
Plaintiff filed a motion to unseal pleadings that were sealed pursuant to an agreed order in a prior, unrelated bankruptcy case. Defendant law firm objected to the motion.
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Court
:
- 11 U.S.C.
In re Cypresswood Land Partners I
Jan
20
2009
Ruling
Chapter 11 plan confirmed with sua sponte modifications by bankruptcy court.
Procedural posture
Debtor moved for confirmation of its chapter 11 plan. The issues were the proper meaning of a "party-in-interest" under 11 U.S.C.S. § 1109(b), whether a non-voting class could be deemed to have accepted a chapter 11 plan, and whether and to what extent the "new value exception" relating to 11 U.S.C.S. § 1129(b)(2)(B)(ii) should be recognized.
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Court
:
- 11 U.S.C.
In re Texas Std. Oil Corp.
Nov
12
2008
Ruling
Debtor could not assign interest in oil and gas lease for no consideration.
Procedural posture
Debtor, an oil company, filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for permission to assign its interests in an oil and gas lease to a partnership (LP). The debtor's creditors filed an objection to the debtor's motion.
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Court
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In re Gilbreath
Oct
14
2008
Ruling
Debtor's objection to proofs of claim sustained due to creditor's failure to provide adequate documentation.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a creditor filed seven proofs of claim. The debtors filed an objection to the creditor's proofs.
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Court
:
In re Perry
Oct
14
2008
Ruling
Debtor could not abandon interest in property directly to mortgagee.
Procedural posture
A bankruptcy debtor was a co-obligor under a mortgage and the debtor moved to abandon his interest in the mortgaged real property directly to the mortgagee in full satisfaction of the mortgagee's secured claim.
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Court
:
- FRBP
In re Hight
Aug
13
2008
Ruling
Objection to mortgagee's proof of claim sustained with regard to alleged escrow shortage and a portion of pre- and postpetition fees.
Procedural posture
A mortgagee secured by a bankruptcy debtor's real property submitted a proof of claim in the debtor's bankruptcy for the principal of the mortgage loan, arrearages, late charges, property preservation/inspection fees, pre-petition attorney fees and costs, escrow shortage, and post- pertition attorney fees. The debtor objected to the mortgagee's proof of claim.
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Court
:
In re Prevo
Aug
07
2008
Ruling
Morgagee's claim for additional fees and costs disallowed.
Procedural posture
A chapter 13 debtor objected to a mortgage lender's claim for previously accrued late charges, foreclosure fees and costs, "BPO"fees, and escrow advances.
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Court
:
- 11 U.S.C.
In re Prevo
Aug
06
2008
Ruling
Transfer of tax liens was not a security interest and was subject to modification.
Procedural posture
A creditor of a chapter 13 debtor objected to confirmation of the debtor's chapter 13 plan on the grounds that the debtor was not permitted to modify the interest rate on the debt owed to the creditor pursuant to 11 U.S.C.S. § 1322(b)(2) and § 511.
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Court
:
- 11 U.S.C.
In re Brodowski
Jul
22
2008
Ruling
Negative equity in 910 vehicle loan was not secured by purchase money security interest and not protected from bifurcation under hanging paragraph.
Procedural posture
A creditor of a chapter 13 debtor objected to confirmation of the debtor's chapter 13 plan, which proposed to bifurcate the creditor's claim under 11 U.S.C.S. § 506, on the grounds that the hanging paragraph at the end of 11 U.S.C.S. § 1325 did not permit the debtor to cram down its claim.
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Court
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