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Winget v. JP Morgan Chase Bank

Aug
11
2008
Ruling
Issue of alleged devaluation of assets prior to bankruptcy sale should have been raised before bankruptcy court.
Procedural posture

Plaintiffs, an individual and a trust, sued defendants, banks and lenders, alleging breach of the guaranty and pledge agreements and requested declaratory judgment. The District Court for the Eastern District of Michigan dismissed the complaint on the grounds it was barred by res judicata and premature with regard to future attempts to repossess collateral. Plaintiffs appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 11, 2008 , LexisNexis #0908-030
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In re Kagenveama

Jun
05
2008
Ruling
Debtor with negative projected disposable income was not subject to the applicable commitment period.
Procedural posture

Appellant bankruptcy trustee appealed the order of the Bankruptcy Court for the District of Arizona that confirmed the chapter 13 plan of appellee debtor.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 05, 2008 , LexisNexis #0708-024
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Maney v. Kagenveama (In re Kagenveama)

Jun
05
2008
Ruling
Bankruptcy court calculation of projected disposable income as disposable income projected over commitment period upheld.
Procedural posture

Chapter 13 Trustee appealed an order of the Bankruptcy Court for the District of Arizona confirming the plan of appellee bankruptcy debtor. The trustee argued that the Bankruptcy Court erred by (1) calculating projected disposable income by multiplying disposable income over the applicable commitment period and (2) finding the five-year period inapplicable because of a resulting negative projected disposable income.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 05, 2008 , LexisNexis #0708-093
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Chauncey v. Dzikowski (In re Chauncey)

Jul
07
2006
Ruling
Denial of discharge was affirmed due to debtor intent to defraud but imposition of equitable lien on debtor's homestead property was reversed.
Procedural posture

Appellant debtor filed for bankruptcy protection, claiming a homestead exemption in her home pursuant to Fla. Const. art. 10, § 4(a)(1) and Fla. Stat. § 222.01 (2003). The District Court for the Southern District of Florida affirmed the bankruptcy court's decision imposing an equitable lien benefitting appellee trustee on the property and denying discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (a)(3). The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 07, 2006 , LexisNexis #0706-137
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