Jin Lim v. Chase Home Fin. LLC (In re Comps)

Dec

2005

Ruling

Mortgage was not a preferential transfer since the mortgage was perfected within 10 days of the transfer and thus was not a transfer on account of an antecedent debt.

Procedural posture

Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to set aside a mortgage as a preferential transfer under 11 U.S.C. § 547(b), seeking to disallow the creditor's claim under 11 U.S.C. § 502(d) unless it turned over the transferred property. Both sides sought summary judgment.

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Court :

Eastern District of Michigan ( Judge McIvor ) [ Bankruptcy Court ]

opinion summary, case decided on December 08, 2005 , LexisNexis #0106-021

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11 U.S.C.

In re Issaac

Nov

2005

Ruling

Debtor's proposed chapter 13 plan was denied confirmation since the partial liquidation plan was too speculative to be feasible.

Procedural posture

The debtor's chapter 13 plan proposed to satisfy a balloon payment on her mortgage in full, on or before the payment's due date, by way of a refinance or sale of her home. The plan further provided that if the balloon payment was not satisfied on or before its due date, the stay would automatically modify and the creditor would be allowed to pursue its remedies. The debtor moved for confirmation of her plan and the creditor objected.

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Court :

Northern District of Illinois ( Judge Cox ) [ Bankruptcy Court ]

opinion summary, case decided on November 16, 2005 , LexisNexis #0406-064

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11 U.S.C.

In re Lott

Oct

2005

Ruling

Debtor's interest in the proceeds of a wrongful death action of her mother's estate was property of the estate since it was at least a prepetition contingent right to the proceeds.

Procedural posture

The bankruptcy court granted the chapter 7 trustee's motion to reopen the debtors' case. The issue was whether the wife debtor's interest in the proceeds of an action for the wrongful death of her mother were property of the estate. The trustee claimed that the debtor's interest in the wrongful death action proceeds was property of the estate because that interest, and the cause of action, arose on the prepetition date of death.

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Court :

Eastern District of Michigan ( Judge Shapero ) [ Bankruptcy Court ]

opinion summary, case decided on October 14, 2005 , LexisNexis #0106-090

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11 U.S.C.

Yun Zhong Qui v. Ci Qing Zhou (In re Ci Qing Zhou)

Oct

2005

Ruling

Judgment debt against the debtor for defamation and infliction of emotional distress was dischargeable since the schizophrenic debtor had believed the creditor sexually assaulted her and thus did not act maliciously toward the creditor.

Procedural posture

Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the judgment debt against the debtor for defamation and infliction of emotional distress was not dischargeable under 11 U.S.C. § 523(a)(6) based on the debtor's false accusations that the creditor committed sexual assaults.

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Court :

Eastern District of Michigan ( Judge Rhodes ) [ Bankruptcy Court ]

opinion summary, case decided on October 06, 2005 , LexisNexis #0106-088

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