Judge Lloyd

Stevens v. Mitchell (In re Mitchell)

Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment declaring that the debtor owed them debts under a state court judgment they obtained against her, and that the debts were nondischargeable under 11 U.S.C. § 523(a)(2) and (a)(6). The creditors filed a motion for summary judgment.
Ruling: 
Judgment against debtors who sent contest winners worthless checks was nondischargeable.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0208-047

Belveal v. West (In re West)

Plaintiff creditor brought an adversary complaint to determine the dischargeability of a debt owed him by the debtor, a former business partner, pursuant to 11 U.S.C. § 523 and for the general denial of a discharge under 11 U.S.C. § 727, asserting that the debtor made false representations and defrauded the creditor, and deliberately concealed various assets and transactions from the bankruptcy court.
Ruling: 
Discharge denied where debtor claimed not to own trust property used as collateral for personal loans.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-102

In re Miller

A debtor filed for relief under chapter 13. A creditor, the former spouse of the debtor, objected to the debtor's proposed chapter 13 plan contending that the debtor lacked good faith in filing the chapter 13 proceeding and plan.
Ruling: 
Plan confirmation denied due to lack of credibility and concerns that debtor was underemployed and not disclosing all potential income.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-082

Higdon v. Blair (In re Blair)

Defendant debtor filed for relief under chapter 7. Plaintiff former husband filed a complaint objecting to the discharge of an indebtedness. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Divorced and remarried debtor's misrepresentation of authority to use former spouse's credit card resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1107-076

In re Grimes

Debtors filed a petition under chapter 13, and a motion to strip off a judgment lien which a bank held on their residence.
Ruling: 
Judgment lien was secured by sufficient equity in debtor's homestead and was not avoidable.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-047

In re Strode

The debtors filed for relief under chapter 13 and submitted a proposed plan. The debtors filed an objection to a claim filed by a bank. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Full faith and credit clause does not prevent reasonableness review of state court fee order.
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Consumer case opionion summary, case decided on October 15,2007, LexisNexis #1107-007

In re Kleinhelter

A chapter 13 trustee filed a motion to disallow the bankruptcy debtors'claims.
Ruling: 
Secured Claims asserted by debtors against themselves which lacked sufficient detail and factual or legal support were not valid "claims."
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #1107-001

In re Edmunds

A creditor held a judgment lien against the debtors. The debtors filed a motion to strip off the lien pursuant to 11 U.S.C. § 522(f). The debtors contended that the lien impaired their homestead exemption. The debtors further contended that the creditor's claim was unsecured and thus could be stripped off under section 522(f).
Ruling: 
Lien on property in which there was equity could not be modified.
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In re Healthessentials Solutions Inc.

The United States (Government) filed a motion seeking entry of an order declaring that the automatic stay of 11 U.S.C. § 362(a)(1) did not apply to the Government's pursuit of a lawsuit under the False Claims Act, 31 U.S.C. § 3729-33.
Ruling: 
Automatic stay applied to government lawsuit under False Claims Act.
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In re Best

A chapter 7 trustee filed a motion seeking an order disallowing a creditor's claim to the extent that it asserted a right to postpetition interest calculated at the rate that applied under the state law that governed the claim. At issue was the meaning of the phrase "legal rate" as used in 11 U.S.C. § 726(a)(5) and whether it was the same as the rate under 28 U.S.C. § 1961.
Ruling: 
Creditor's claim for postpetition interest on state court judgment at rate allowed by state law disallowed to the extent exceeding federal judgment interest rate.
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