Northern District

Irby v. Fashion Bug (In re Irby)

Plaintiffs, discharged bankruptcy debtors, brought an adversary proceeding against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C. § 524 by continuing to report the debtors'discharged debts. The creditors did not respond and the debtors moved for default judgment.
Ruling: 
Creditors did not violate discharge injunction since they only reported the debtor's unpaid but discharged debts and did not act to collect the debts.
ABI Membership is required to access the full summary of Irby v. Fashion Bug (In re Irby). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

United States Tr. v. Halishak (In re Halishak)

: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
Ruling: 
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
ABI Membership is required to access the full summary of United States Tr. v. Halishak (In re Halishak). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Lover v. Rossman & Co. (In re Lover)

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that a discharged debt to the creditor was still being reported to credit agencies, in violation of the discharge injunction provided by 11 U.S.C. § 524. The creditor moved for summary judgment, and the debtor did not respond to the motion.
Ruling: 
Debtor failed to show that a creditor had violated a discharge injunction by continuing to report a discharged debt to credit agencies.
ABI Membership is required to access the full summary of Lover v. Rossman & Co. (In re Lover). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Kennedy Mfg.

A law firm representing a bankruptcy debtor submitted its final application for compensation and reimbursement of expenses. The U.S. trustee objected to the application on the grounds that certain of the firm's services did not benefit the estate, time spent with a financial advisor was not compensable, and the firm engaged in overstaffing.
Ruling: 
Debtor's attorneys were granted most of their fees over the trustee's objection that their services did not benefit the estate since the fees were reasonably calculated to benefit the estate when they were performed.
ABI Membership is required to access the full summary of In re Kennedy Mfg.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Wycuff

Bankruptcy debtors, a husband and wife, claimed a homestead exemption in their residence to which the wife held sole legal title, including the husband's dower interest in the property. Creditors, the debtors'mortgagees, objected to the exemption.
Ruling: 
Debtors were only entitled to a homestead exemption as to the property's legal title in relation to the trustee's interest pursuant to the debtor husband's dower interest, but the debtors' homestead exemption was disallowed as to the property's equitable interest since the creditor's mortgage existed premarriage and thus was superior to the claimed exemption.
ABI Membership is required to access the full summary of In re Wycuff. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)

Plaintiff chapter 7 trustee commenced an adversary proceeding against defendants, creditors, seeking to recover certain prepetition transfers made by the debtor. The creditors moved for summary judgment, alleging that the trustee's claims were time barred under 11 U.S.C. § 546.
Ruling: 
Creditor was denied summary judgment where the court ruled it could decide the date an order for relief triggered two-year limitations period for filing creditor's complaint.
ABI Membership is required to access the full summary of Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Cote v. Catherman (In re Catherman)

Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
ABI Membership is required to access the full summary of Cote v. Catherman (In re Catherman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Messenger v. Messenger (In re Messenger)

Plaintiff ex-wife brought a complaint pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a marital debt assumed by defendant debtor.
Ruling: 
Debtor's assumption of marital credit card debt was deemed nondischargeable.
ABI Membership is required to access the full summary of Messenger v. Messenger (In re Messenger). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Freeman

The debtors filed a petition for relief under chapter 7 of the Code. The debtors filed a motion for an order directing the turnover of monies held by a creditor. The creditor filed an objection to the motion. The court treated the matter as an action for a violation of the automatic stay under 11 U.S.C. § 362, pursuant to the court's authority under 11 U.S.C. § 105(a), together with Fed. R. Bankr. P. 7015 and 9014.
Ruling: 
Creditor did not violate automatic stay when the debtors made postpetition payments on a collateralized debt that was to be reaffirmed but had not yet been reaffirmed.
ABI Membership is required to access the full summary of In re Freeman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Northern District