Simon v. Citimortgage Inc. (In re Doubov)

Feb

2010

Ruling

Mortgage with faulty acknowledgement as to debtor wife was avoided as to the wife's one- half interest.

Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, two banks and the Cuyahoga County (Ohio) Treasurer, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(a)(3) and 551 and state law to set aside a mortgage on a one-half interest in real property and to preserve the property for the benefit of a chapter 7 debtor's bankruptcy estate. The trustee filed a motion for summary judgment.

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Court :

Northern District of Ohio ( Judge Morgenstern-Clarren ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on February 10, 2010 , LexisNexis #0410-127

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11 U.S.C.
- § 522
- § 522(f)

In re Jaber

May

2009

Ruling

Debtor spouse who took title to property subject to judgment lien could not avoid the lien as impairing her exemption.

Procedural posture

Chapter 13 debtors, a husband and wife, sought to avoid creditors' judicial lien that encumbered their residence under 11 U.S.C.S. § 522(f). They contended that the lien could be avoided because it impacted the wife's homestead exemption claimed under Ohio Rev. Code Ann. § 2329.66(A)(1)(b).

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Court :

Northern District of Ohio ( Judge Morgenstern-Clarren ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on May 22, 2009 , LexisNexis #0709-080

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11 U.S.C.

Volpe v. IRS (In re Volpe)

Oct

2007

Ruling

Taxes were nondischargeable due to debtor's willful evasion attempts.

Procedural posture

Debtor sued defendant, the IRS, for a declaratory judgment that debtor's federal tax debts for 1997, 1998 and 1999 were dischargeable in connection with his chapter 7 bankruptcy case. At issue was whether those liabilities were properly excepted from discharge under 11 U.S.C. § 523(a)(1)(C) due to what the IRS alleged to be debtor's willful attempt to evade paying his taxes.

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Court :

Northern District of Ohio ( Judge Morgenstern-Clarren ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on October 23, 2007 , LexisNexis #1107-061

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11 U.S.C.
- § 362

In re Caravona

Jul

2006

Ruling

Criminal prosecution of bad check charges did not violate stay.

Procedural posture

Chapter 7 debtor filed a motion pursuant to 11 U.S.C. § 350(b) to reopen his case to ask that creditor and a county district attorney be held in contempt for violating the automatic stay, 11 U.S.C. § 362, discharge injunction, 11 U.S.C. § 524, by taking steps to collect a bad check debt from him through criminal prosecution.

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Court :

Northern District of Ohio ( Judge Morgenstern-Clarren ) [ Bankruptcy Court ]

opinion summary, case decided on July 28, 2006 , LexisNexis #1006-009

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