Angelucci v. Farmers Bank & Trust Co. (In re Angelucci)

Mar

2009

Ruling

Withdrawal of reference of proceeding by debtor's mother for reformation, remission or avoidance of mortgage denied.

Procedural posture

Debtor's mother filed an adversary complaint against bank, seeking rescission, reformation, or avoidance of a mortgage granted by the debtors to the bank, and alleging, inter alia, a violation of 15 U.S.C.S. § 1635. Before the bankruptcy court could rule on the bank's partial summary judgment motion, the mother moved to withdraw the district court's reference to the bankruptcy court pursuant to 28 U.S.C.S. § 157(d).

ABI Membership is required to access the full summary of Angelucci v. Farmers Bank & Trust Co. (In re Angelucci) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Eastern District of Kentucky ( Judge Hood ) [ District Court ]

Consumer opinion summary, case decided on March 23, 2009 , LexisNexis #0509-055

LexisNexis Article

Learn More

11 U.S.C.
- § 554
- § 554(c)

LPP Mortg. Ltd. v. Brinley

Nov

2008

Ruling

Trustee properly allowed to revoke technical abandonment of property to preserve unencumbered equity.

Procedural posture

Defendant chapter 7 debtors sought review of the U.S. District Court for the Western District of Kentucky at Louisville's opinion and order affirming a bankruptcy court's order which allowed plaintiff trustee to revoke his 11 U.S.C.S. § 554(c) abandonment of their real property.

ABI Membership is required to access the full summary of LPP Mortg. Ltd. v. Brinley 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 November 24, 2008 , LexisNexis #1208-137

LexisNexis Article

Learn More

11 U.S.C.
- § 109
- § 109(h)

Clippard v. Mason (In re Mason)

Feb

2007

Ruling

There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.

Procedural posture

In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).

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

Court :

Eastern District of Kentucky ( Judge Hood ) [ District Court ]

opinion summary, case decided on February 05, 2007 , LexisNexis #0307-036

LexisNexis Article

Learn More

Subscribe to %1