Skip to main content

Page Banner(Taxonomy)

judge moore

Milian v. Wells Fargo & Co.

Ruling
Bankruptcy court did not err in abstaining from proceeding solely concerning state foreclosure action.
Issue(s)
Did bankruptcy court properly abstain from hearing state law foreclosure action?

ABI Membership is required to access the full summary of Milian v. Wells Fargo & Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 18, 2014 , LexisNexis #0714-033

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc. (In re Trailer Source Inc.)

Ruling
Bankruptcy court properly authorized derivative standing for semi-truck manufacturer to pursue avoidance proceeding when trustee declined to do so.
Procedural posture

After a bankruptcy trustee declined to pursue an avoidance action, appellee manufacturer of semi-truck trailers sought derivative standing as a creditor to seek avoidance of allegedly fraudulent transfers of trailers from a bankruptcy debtor to appellant dealerships. The dealerships appealed the order of the District Court for the Middle District of Tennessee which granted the manufacturer derivative standing.

ABI Membership is required to access the full summary of Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc. (In re Trailer Source Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 06, 2009 , LexisNexis #0309-101

Hamilton v. Herr (In re Hamilton)

Ruling
District court decision that state court judgment violated discharge injunction remanded for determination if debt in question had acutally been discharged.
Procedural posture

Defendant appealed from the District Court for the Eastern District of Kentucky, at Pikeville, challenging the reversal of a bankruptcy court's dismissal of plaintiff debtor's complaint seeking to enjoin defendant from enforcing a Kentucky judgment lien against the debtor.

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

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 26, 2008 , LexisNexis #0908-099

Florida v. Talley

Ruling
Confirmation reversed due to bankruptcy court's failure to conduct good faith hearing upon creditor's written objection.
Procedural posture

Appellant, the State of Florida, Department of Revenue, filed this appeal asking the court to find that the U.S. Bankruptcy Court for the Middle District of Florida, Jacksonville Division, erred in confirming the chapter 13 Plan of appellee debtor, over the Department's written objection. The Department asked the court to remand the case to the bankruptcy court for further hearings.

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

Consumer opinion summary, case decided on April 10, 2008 , LexisNexis #0508-052

Buckeye Ret. Co. LLC v. Crews

Ruling
Appeal of settlement dismissed due to substantial consummation of plan where creditor had not sought a stay pending appeal.
Procedural posture

Appellant creditor sought review of an order of the bankruptcy court approving a compromise between a chapter 7 debtor and appellee trustee and overruling the creditor's objection. The settlement dismissed discharge and avoidance adversaries and provided the debtor with a release in exchange for the payment of a certain sum. The trustee filed a motion to dismiss the appeal as moot.

ABI Membership is required to access the full summary of Buckeye Ret. Co. LLC v. Crews Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on July 03, 2007 , LexisNexis #0807-066

In re Attorneys at Law & Debt Relief Agencies

Ruling
Trustee lacked standing to contest bankruptcy court's blanket ruling that attorneys are not "debt relief agencies"as defined under BAPCPA.
Procedural posture

Plaintiff, a regional bankruptcy trustee, appealed a standing order issued by a bankruptcy judge that interpreted provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that defined and regulated "debt relief agencies." Intervening interested parties were four attorneys comprising a professional corporation with a significant bankruptcy practice.

ABI Membership is required to access the full summary of In re Attorneys at Law & Debt Relief Agencies Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 25, 2006 , LexisNexis #1206-071