Eastern District

Fisher v. Anderson (In re Anderson)

Ruling: 
Collateral estoppel applied to default fraud judgment, which was nondischargeable, where debtor had considerable participation in the case.
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Consumer case opionion summary, case decided on January 10,2014, LexisNexis #0214-051

In re Ridings

Ruling: 
Debtor could not modify confirmed chapter 13 plan to reclassify secured claim as unsecured and pay less than the full amount of the claim.
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Consumer case opionion summary, case decided on December 22,2013, LexisNexis #0116-103

Higgason v. Porter (In re New)

Ruling: 
Trustee could not avoid seller's legal interest in property that was never property of the estate.
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Consumer case opionion summary, case decided on September 03,2013, LexisNexis #0913-122

In re Carter

Ruling: 
Conversion to chapter 7 denied where nondisclosure of personal injury claim was inadvertent.
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Consumer case opionion summary, case decided on August 07,2013, LexisNexis #0913-029

In re Gardstein

The matter was before the court on a renewed motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1) filed by a creditor. The debtors objected.
Ruling: 
Debtor ordered to amend plan to address postpetition arrearage or relief from stay would be granted to creditor.
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Consumer case opionion summary, case decided on June 28,2013, LexisNexis #0713-112

Burden v. Richardson (In re Richardson)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, a bankruptcy debtor and a parent of the debtor, alleging that a transfer of real property by the debtor to the parent prior to the debtor's bankruptcy petition was avoidable as a preferential or fraudulent transfer under 11 U.S.C.S. §§ 547, 548.
Ruling: 
Preference period transfer by debtor to parent to assist with purchase of parent's residence was not avoidable.
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Consumer case opionion summary, case decided on May 30,2013, LexisNexis #0713-023

Rogan v. Vanderbilt Mortg. & Fin. Inc. (In re Dorsey)

Chapter 7 trustee and a creditor assignee of debtors' mortgage, filed cross- motions for summary judgment on the trustee's complaint alleging that the assignee's interest in the real property was avoidable pursuant to 11 U.S.C.S. § 544 because the assignee was not entitled to enforce the note on the petition date. The assignee argued it had a properly perfected mortgage.
Ruling: 
Mortgage could be avoided in absence of valid underlying note.
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Consumer case opionion summary, case decided on May 07,2013, LexisNexis #0613-059

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