Judge Rhodes

In re Stampley

The U.S. Trustee contended that the a chapter 7 bankruptcy debtor could pay a meaningful dividend to creditors in a chapter 13 case, and the trustee moved to dismiss the chapter 7 case for abuse under 11 U.S.C.S. § 707(b).
Ruling: 
Case dismissed where debtor could fund chapter 13 case if not paying disproportionate share of household expenses.
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Consumer case opionion summary, case decided on October 21,2010, LexisNexis #1110-098

Strausbough v. Co-op Servs. Credit Union

In two separate adversary proceedings, the court addressed the issue of whether chapter 13 debtors could avoid defendant creditors' junior liens on entireties property under 11 U.S.C.S. § 506(a) and (d) in bankruptcy cases filed by only one spouse. In each case, both the debtor and the creditor filed motions for summary judgment.
Ruling: 
Debtors could avoid liens on entireties properties owned with non-debtor spouses.
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Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0610-007

Sangal v. Strickfaden (In re Strickfaden)

Plaintiff creditors filed this adversary proceeding against defendant debtor seeking a determination that debts owed to them by the debtor were not dischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
Claim dismissed where breach of fiduciary duty did not result in loss and debtor did not intend to harm creditors.
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Consumer case opionion summary, case decided on December 18,2009, LexisNexis #0110-054

Strausbough v. Co-Op Servs. Credit Union

Debtor brought an adversary proceeding against defendant creditor which held a second mortgage against the debtor's residence, seeking to avoid the creditor's mortgage lien as unsecured. The debtor moved to join her non-debtor spouse as a party plaintiff because the spouse and the debtor owned the residence as tenants by the entirety.
Ruling: 
Non-debtor spouse could not join proceeding for avoidance of mortgage on house owned with debtor as tenants by the entirety.
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Consumer case opionion summary, case decided on December 18,2009, LexisNexis #0110-078

Rogan v. New South (In re Pelfrey)

Appellant bankruptcy trustee brought an adversary proceeding against appellees, a mortgagee and a putative notary public, seeking to avoid a bankruptcy debtor's mortgage in favor of the mortgagee based on a defective acknowledgment of the mortgage. The trustee appealed the order of the bankruptcy court for the Eastern District of Kentucky which granted summary judgment to the mortgagee and the notary.
Ruling: 
Denial of avoidance of properly executed mortgage affirmed.
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Consumer case opionion summary, case decided on November 09,2009, LexisNexis #1209-088

Oliver v. BankFirst Fin. Servs. (In re Oliver)

Appellant debtors sought review of the orders of the Bankruptcy Court for the Northern District of Ohio, which sustained appellee creditor's objections to their chapter 13 plan, denied confirmation, and dismissed their case.
Ruling: 
Chapter 13 case properly dismissed for bad faith where plan included payments on property that had been foreclosed.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-014

Omega Door Co. Reorganization Trust v. Buonpane (In re Omega Door Co.)

Plaintiff trustee sued defendant shareholder, seeking, inter alia, to recover note payments made by the debtor as fraudulent transfers under 11 U.S.C.S. §§ 544(b) and 548, and alleging that the payments were preferential transfers under 11 U.S.C.S. § 547(b). The bankruptcy court for the Northern District of Ohio dismissed the fraudulent transfer claims, but found for the trustee on the preference claim. The parties cross appealed.
Ruling: 
Bankruptcy court erred in finding that fraudulent transfer allegations against note payments were time barred.
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Commercial case opionion summary, case decided on January 13,2009, LexisNexis #0209-102

In re Anderson

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the Western District of Michigan, which dismissed the debtor's case when the debtor failed to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling: 
Incarcerated debtor did not qualify for waiver of credit counseling requirement.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-037

McDermott v. Hills (In re Grissett)

Plaintiff filed an adversary proceeding against defendant bankruptcy petition preparer seeking a permanent injunction for violations of 11 U.S.C.S. § 110.
Ruling: 
Bankruptcy petition preparer permanently enjoined from acting in that capacity after violating earlier prohibition.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #0109-001

Hildebrand v. Kimbro (In re Kimbro)

Appellant trustee sought review of the judgment of the bankruptcy court, which rejected the trustee's objection under 11 U.S.C.S. § 1325 to the chapter 13 plan and allowed appellee debtors to deduct vehicle ownership expense amounts in the applicable local transportation standards, pursuant to 11 U.S.C.S. § 707(b)(2)(A)(ii)(I).
Ruling: 
Bankruptcy court properly allowed debtors to deduct vehicle ownership expense for unencumbered vehicle.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-050

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