Judge Isgur

In re Shankman

Defendant doctors filed a motion for an order clarifying a judgment entered by the Circuit Court of Shelby County (Tennessee), which awarded the doctors $ 9,884 in costs in a medical malpractice action that was filed by plaintiff chapter 7 debtor, and the effect 11 U.S.C.S. § 362 had on the state court's award. The debtor asked the court to determine if the debt was discharged and to impose sanctions on the doctors and their attorneys.
Ruling: 
Approval of proceeding for denial of discharge denied as against public policy.
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Consumer case opionion summary, case decided on March 02,2010, LexisNexis #0510-127

Rodriguez v. Ramirez (In re Ramirez)

Plaintiff judgment creditor, a shooting victim of the debtors, sought to except the judgment debts consisting of actual damages of $ 11,500,000, plus exemplary damages of $ 6,500,000 against debtor husband and exemplary damages of $ 1,700,000 against debtor wife, excepted from discharge under 11 U.S.C.S. § 523(a)(6).
Ruling: 
State court judgment against debtors for intentional shooting of creditor was nondischargeable.
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Consumer case opionion summary, case decided on February 23,2010, LexisNexis #0510-052

In re Springtowne Family Invs. LLC

Debtor filed a petition under chapter 11, and a creditor filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the creditor's claim.
Ruling: 
Carpet installer's materialman's lien claim allowed over debtor's objection.
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Commercial case opionion summary, case decided on February 03,2010, LexisNexis #0410-009

In re Davis

A debtor sought confirmation of her proposed chapter 13 but the trustee objected, alleging that the proposed plan did not satisfy the disposable income test set forth in 11 U.S.C.S. § 1325.
Ruling: 
Chapter 13 plan held to comply with disposable income requirements after minor adjustments.
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Consumer case opionion summary, case decided on January 06,2010, LexisNexis #0310-026

In re Carter

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to the debtor's plan because it proposed to pay a mortgage on a house he inherited from his mother under his plan, and also filed a motion for relief from the automatic stay.
Ruling: 
Debtor could pay mortgage that matured prepetition, on house inherited from mother, over course of plan.
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Consumer case opionion summary, case decided on December 28,2009, LexisNexis #0210-126

Rodriguez v. Countrywide Home Loans Inc. (In re Rodriguez)

Plaintiff bankruptcy debtors in separate cases brought an adversary proceeding against defendant mortgage creditor alleging that the creditor violated the discharge injunction, the automatic bankruptcy stay, and their confirmed plans by attempting to foreclose against homes owned by the debtors who recently completed chapter 13 bankruptcy plans. The creditor moved for summary judgment.
Ruling: 
Mortgage creditor's attempts to foreclose violated discharge injunction.
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Consumer case opionion summary, case decided on December 09,2009, LexisNexis #0110-068

Smith v. Spohn (In re IFS Fin. Corp.)

Plaintiff trustee filed an adversary proceeding to recover alleged fraudulent transfers to defendants, an investor and his sister. The investor filed a motion to set aside a default and a motion to dismiss for improper service. The court set aside the default, but found that the investor was properly served. The investor filed a motion for more definite statement pursuant to Fed. R. Civ. P. 12(e), made applicable by Fed. R. Bankr. P. 7012.
Ruling: 
Fraudulent transfer complaint in adversary proceeding was sufficiently plead even though only one paragraph was specific to alleged transferee.
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Commercial case opionion summary, case decided on December 09,2009, LexisNexis #0110-138

In re Puccio

Creditor, the Internal Revenue Service (IRS). filed an amended proof of claim outside the time period for filing claims against debtor taxpayers. The issue was whether the amendment related back to any of the IRS's previously and timely filed proofs of claim, in which case it would be allowed.
Ruling: 
IRS amended proof of claim allowed as relating back to an earlier proof of claim.
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Consumer case opionion summary, case decided on December 07,2009, LexisNexis #0110-079

Smith v. Lecuona (In re IFS Fin. Corp.)

Plaintiff trustee sought recovery of an allegedly fraudulent stock transfer from debtor to defendants. Defendants were Mexican citizens and businesses. Defendants sought dismissal of the adversary proceeding based on lack of personal jurisdiction, contending that they lacked the required minimum contacts within Texas to create personal jurisdiction.
Ruling: 
Bankruptcy court had personal jurisdiction over Mexican citizens in fraudulent transfer proceeding concerning stock.
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Commercial case opionion summary, case decided on September 21,2009, LexisNexis #1209-140

In re Cyrus II Pship

Special litigation counsel applied for compensation for services performed on behalf of a bankruptcy trustee, and the largest creditor of the bankruptcy debtor objected to fees allocable to a motion to annul the creditor's judgment against the debtors and to fees allocable to an unsuccessful motion to compromise.
Ruling: 
Fee application by trustee's counsel allowed except for portion of fees relating to unnecessary services.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #1009-036

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