Judge Isgur

Oparaji v. Wells Fargo Bank (In re Oparaji)

Chapter 7 debtor filed a motion for summary judgment on his claim that defendant creditor should be judicially estopped from asserting charges that could have been, but were not, included in its proof of claim filed in debtor's previous bankruptcy case. The debtor also moved for summary judgment on his claim for sanctions against the creditor under Fed. R. Bankr. P. 9011.
Ruling: 
Creditor bound by amount of proof of claim filed in debtor's earlier dismissed bankruptcy case.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0211-004

Clayton v. Old Kent Mortgage Co. (In re Clayton)

Chapter 13 debtors filed an adversary proceeding against defendant mortgage company, claiming that the mortgage company violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 after the debtors declared bankruptcy. In a prior ruling, the court found that the mortgage company knowingly violated the stay. The court held a hearing on the issue of damages.
Ruling: 
Fees and costs awarded for mortgagee's violation of stay by commencing foreclosure during debtor's prior chapter 13 case.
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Consumer case opionion summary, case decided on October 29,2010, LexisNexis #1210-075

Waldron v. Weltman (In re Bennett)

Defendant sought summary judgment that his receipt of $47,275 from funds held by a state court receiver was not avoidable as an unauthorized post-petition transfer of estate property under 11 U.S.C.S. § 549.
Ruling: 
Funds deposited by debtor's law firm with state court receiver and disbursed to judgment creditor were not property of the estate.
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Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1010-121

Simms-Wilson v. Linebarger Goggan Blair and Sampson LLP (In re Simms-Wilson)

Debtor, an attorney, brought claims against her former employer, defendant law firm, alleging that it violated 11 U.S.C.S. § 525(b)(3) by terminating her employment and 11 U.S.C.S. § 362 by attempting to collect her delinquent tax debts to two clients of the law firm.
Ruling: 
Law firm's termination of debtor did not violate stay.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-040

Bertuca v. Flores (In re Flores)

In defendant debtors' chapter 7 bankruptcy proceedings, plaintiff judgment creditor made a motion for summary judgment pursuant to Fed. R. Bankr. P. 7056 to have her claim based on a state court judgment excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State default judgment did not have collateral estoppel effect in nondischargeability proceeding.
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Consumer case opionion summary, case decided on May 14,2010, LexisNexis #0810-012

In re Garrett

In this chapter 7 case, the joint debtors claimed that certain property, currently located in Texas, was exempted from the bankruptcy estate under North Carolina's homestead exemption laws.
Ruling: 
Section 522(b)(3)(A) preempts state law residency requirement for exemptions.
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Consumer case opionion summary, case decided on March 31,2010, LexisNexis #0710-019

In re Moody Natl SHS Houston H LLC

Debtor, a tenant-in-common owner of a hotel damaged by a hurricane, proposed to cure its defaults on a $ 14,431,000 promissory note secured by its interest in the hotel, seeking to obtain confirmation of a chapter 11 plan that would allow it to avoid foreclosure of its noted by the successor in interest to the mortgagee-creditor. The issue was what was required for the debtor to cure the note.
Ruling: 
Debtor required to pay default interest on note in compliance with state law.
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Commercial case opionion summary, case decided on March 24,2010, LexisNexis #0610-130

In re Osyka Corp.

Debtors sold substantially all of their assets to a purchaser and assigned oil, gas, and mineral leases to the purchaser, and the debtors represented at the sale hearing that the sale and assignment were subject to the rights of a holder of an overriding royalty interest (ORI) in the leases. The holder moved for an order directing the purchaser to comply with its duties to the holder.
Ruling: 
Purchaser of debtor's assets bound by terms of sale subject to rights of overriding royalty interest holder.
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Commercial case opionion summary, case decided on March 18,2010, LexisNexis #0610-081

Stoker v. Aurora Loan Servs. (In re Stoker)

Plaintiff chapter 13 debtor filed a complaint against defendant creditors, a loan servicer and the Federal National Mortgage Association, alleging that they violated the automatic stay, 11 U.S.C.S. § 362, when they foreclosed on a house that she claimed was her property.
Ruling: 
Foreclosure on home in which debtor had colorable claim to equitable title violated stay.
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Consumer case opionion summary, case decided on March 10,2010, LexisNexis #0610-041

In re Ezzell

Chapter 13 debtors paid a newly-acquired lawsuit settlement to the 13 trustee then filed a motion to disburse to require the trustee to pay creditors the remaining amounts due under the plan, and to pay the debtors a refund after paying creditors all that was due under the confirmed plan. The trustee objected under 11 U.S.C.S. § 1325(b)(4)(B). An unsecured creditor also objected and filed motion to modify the plan under 11 U.S.C.S. §§ 1328, 1329.
Ruling: 
Trustee could be required to disburse more than called for under plan, and refund to debtors, out of lawsuit settlement proceeds.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-101

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