Eastern District

In re Holman

A creditor filed a motion for relief from the automatic stay to allow it to enforce its lien against a chapter 13 debtor's principal residence. The creditor also requested relief from the obligations imposed by Fed. R. Bankr. P. 3002.1 to provide notice of any changes in the payment amount to the debtor, debtor's counsel, and the chapter 13 trustee. The chapter 13 trustee agreed with the creditor, while the U.S. Trustee (UST) objected.
Ruling: 
Mortgage creditor's cure and maintenance claim was still "provided for" in plan even after relief from stay was granted.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-098

Rogan v. Branch Banking & Trust Co. (In re Asberry)

A chapter 7 trustee sought to avoid the mortgage of creditor on the debtors' interest in real property pursuant to 11 U.S.C.S. § 544. Cross motions for summary judgment were filed by the parties.
Ruling: 
Mortgage that was properly indorsed under state law could be avoided.
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Consumer case opionion summary, case decided on March 01,2013, LexisNexis #0313-120

Rogan v. Greentree Fin. Servicing Corp. (In re Nutgrass)

A chapter 7 trustee, after filing a complaint to avoid defendant creditor's lien against the debtors' manufactured home under 11 U.S.C.S. § 544, sought summary judgment.
Ruling: 
Lien against manufactured home could be avoided to the extent improperly perfected.
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Consumer case opionion summary, case decided on February 13,2013, LexisNexis #0313-094

In re Disney

A chapter 13 debtor filed a motion to avoid a bank's second mortgage on real estate pursuant to 11 U.S.C.S. § 506(a). The bank objected to the motion.
Ruling: 
Second mortgage could be avoided pursuant to confirmation to which bank did not object.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0313-011

In re Cupolo

A bank objected to confirmation of a debtor's amended chapter 13 plan on the grounds that it impermissibly modified the bank's rights in violation of 11 U.S.C.S. § 1322(b)(2) and (3) and failed to meet the requirements of 11 U.S.C.S. § 1325(a). The bank also filed a motion for relief from stay and the co-debtor stay and for abandonment of property from the estate.
Ruling: 
Confirmation denied due to impermissible modification of bank's secured claim.
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Consumer case opionion summary, case decided on February 05,2013, LexisNexis #0213-135

In re Fitch

This matter came before the court on the chapter 13 debtor husband's objection to the claim of his ex-wife. The ex-wife filed a proof of claim for a domestic support obligation (DSO) in the amount of $55,280, contending that such claim was entitled to priority status pursuant to 11 U.S.C.S. § 507(a)(1).
Ruling: 
"Maintenance" payments awarded to debtor's former spouse due to debtor's "financial irresponsibility" was a nondischargeable domestic support obligation entitled to priority.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-078

In re Campbell

Ruling: 
Bank violated discharge injunction by seeking punitive damages for debtor's prepetition conduct.
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Consumer case opionion summary, case decided on January 06,2013, LexisNexis #0114-128

In re Jones

Chapter 13 debtors filed a motion to reopen their bankruptcy case and asked the court to hold a bank in contempt for violating the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) when they obtained their discharge. The parties submitted the issues to the court on stipulated facts.
Ruling: 
Bank violated discharge injunction by filing foreclosure action seeking personal judgment against debtor.
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Consumer case opionion summary, case decided on November 02,2012, LexisNexis #1212-021

In re Hall

Debtors, a married couple who had filed bankruptcy petitions on two prior occasions and on this occasion were seeking relief under chapter 13, moved for an order extending the automatic stay per 11 U.S.C.S. § 362 as to all creditors. At issue was whether debtors had shown by clear and convincing evidence that the current case was filed in "good faith" as to the creditors to which debtors sought to extend the stay.
Ruling: 
Extension of stay denied in debtor's third case due to lack of good faith.
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Consumer case opionion summary, case decided on October 30,2012, LexisNexis #1112-078

In re Pearce

The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1), citing a presumption of abuse under § 707(b)(2) and the totality of the circumstances under § 707(b)(3). By an agreed order, the parties resolved and dismissed that portion of the motion based on § 707(b)(2).
Ruling: 
Case dismissed for abuse as debtor enjoyed substantial gross income and could repay creditors from future earnings.
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Consumer case opionion summary, case decided on July 25,2012, LexisNexis #0812-129

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