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Henderson v. AutoBarn Atlanta Inc. (In re Henderson)

Feb
07
2011
Ruling
Motor vehicle creditor's threatening phone calls and refusal to turn over title certificate violated stay.
Procedural posture

Debtors brought an action against defendant creditor alleging willful violations of the automatic stay as set forth in 11 U.S.C.S. § 362(a). The creditor filed a third party complaint against third party defendant, a vehicle repossession firm. The parties filed cross motions for summary judgment.

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Consumer opinion summary, case decided on February 07, 2011 , LexisNexis #0311-003
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Fitness Intl LLC v. Buttermilk Towne Ctr. LLC (In re Buttermilk Towne Ctr. LLC)

Dec
30
2010
Ruling
Creditor lessee could not offset rent obligations under rejected lease.
Procedural posture

Lessee sought a declaratory judgment permitting it to offset its post-rejection rent obligations to defendant, a chapter 11 debtor that leased retail space to the lessee, under a pre- petition subordination agreement pursuant to 11 U.S.C.S. § 510(a).

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Commercial opinion summary, case decided on December 30, 2010 , LexisNexis #0211-017
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Rogan v. Deutsche Bank Natl Trust Co. (In re Watkins)

Nov
23
2010
Ruling
Trustee could not avoid timely and properly recorded mortgage.
Procedural posture

The issue on Fed. R. Civ. P. 56 cross-motions for summary judgment was whether plaintiff Chapter 7 Trustee, as a hypothetical judicial lien creditor pursuant to 11 U.S.C.S. § 544, had priority over the interest of defendant trust company, as trustee of certain mortgage pass-through certificates, in debtors' real estate encumbered by a mortgage properly recorded at the time of the filing of the petition.

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Consumer opinion summary, case decided on November 23, 2010 , LexisNexis #0111-017
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Rogan v. MILA (In re Allen)

Aug
11
2010
Ruling
Trustee could not avoid mortgage securing properly endorsed note.
Procedural posture

Chapter 7 trustee filed a complaint against defendant creditors to avoid a mortgage lien pursuant to his strong arm powers in 11 U.S.C.S. § 544(a)(1). The trustee and one of the creditors, the holder of the mortgage and note, filed cross-motions for summary judgment. Another creditor, a second mortgage holder, filed a motion for summary judgment, joining in the trustee's motion.

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Consumer opinion summary, case decided on August 11, 2010 , LexisNexis #0910-086
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