Judge Humphrey

Slone v. Lorenz (In re Lorenz)

Adversary plaintiff, the chapter 7 trustee, filed a motion for leave to amend the complaint under Fed. R. Civ. P. 15; Adversary defendants, the alleged transferees of allegedly avoidable preference payments, moved to dismiss the complaint for failure to state a claim, under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Trustee could amend complaint in preference proceeding to add fraudulent transfer claim.
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0411-015

Uber v. Nelnet Inc. (In re Uber)

Chapter 13 debtor filed an adversary proceeding against defendants, a student loan creditor and the creditor's assignee, seeking a judgment declaring that a student loan debt she paid through her chapter 13 bankruptcy plan was discharged. Defendants filed a motion to dismiss the debtor's adversary proceeding, claiming that the court lacked subject matter jurisdiction to hear the case.
Ruling: 
Court lacked subject matter jurisdiction to determine if debtor and postpetition interest on student loan debt but could determine if creditor sought to collect amounts already paid through plan.
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0411-035

In re McDonald

Bankruptcy debtors proposed a Chapter 13 plan which provided for retention of the debtors' home and vehicles, payment of state sales taxes which were mistakenly not paid by one debtor's businesses, and little or no distribution to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Confirmation denied for bad faith due to retention of high end home and vehicles with little recovery for unsecured creditors.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1010-128

In re Lofty

Before the court for confirmation was debtors' Chapter 13 plan of reorganization. The trustee objected to confirmation.
Ruling: 
Confirmation denied for lack of good faith due to support for son and grandson of debtors who were not legal dependents.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1010-129

In re McDonald

In debtors' chapter 13 case, a credit union (creditor) moved for relief from the 11 U.S.C.S. § 362(a) automatic stay.
Ruling: 
Creditor credit union granted relief from stay to setoff the lowest post-petition balance in debtor's depository account.
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Consumer case opionion summary, case decided on August 18,2010, LexisNexis #0910-038

Noland v. Burns (In re Burns)

In separate cases, plaintiff bankruptcy trustee brought adversary proceedings against defendant mortgagees seeking to avoid mortgages against bankruptcy debtors' real property under 11 U.S.C.S. § 544(a)(3) on the ground that mortgage acknowledgments were invalid. The trustee moved for summary judgment.
Ruling: 
Mortgages avoided due to defective acknowledgements.
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Consumer case opionion summary, case decided on August 05,2010, LexisNexis #1010-120

In re Green

A United States Trustee (UST) moved to dismiss pursuant to 11 U.S.C.S. § 707(b)(3)(B), arguing that the totality of a debtor's financial circumstances was an abuse of chapter 7 because he had the ability to repay a significant portion of his unsecured debts. The debtor argued that he was exempt from being dismissed based on ability to pay under the National Guard and Reservists Debt Relief Act of 2008 (the Act), codified in § 707(b)(2)(D).
Ruling: 
Ability to pay motion under §707(b)(3) was not a means test that would violate the National Guard and Reservists Debt Relief Act of 2008.
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Consumer case opionion summary, case decided on June 22,2010, LexisNexis #0810-131

Antioch Co. Litig. Trust v. Miller (In re Antioch Co.)

Plaintiff litigation trustee filed an adversary proceeding against defendants, current and former directors or officers of a company that declared chapter 11 bankruptcy, trustees of the company's employee stock ownership plan, and others, asserting claims under state law and seeking equitable subordination and avoidance of preferential transfers under the Bankruptcy Code. Defendant bank asked the court to abstain from hearing the case.
Ruling: 
Limited stay in adversary proceeding pending district court decision on motion to withdraw reference denied.
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Commercial case opionion summary, case decided on May 26,2010, LexisNexis #0810-068

In re McLemore

A debtor filed an objection to a creditor's four proofs of claim. The debtor asserted that the claims should be disallowed to the extent that they requested a rate of interest greater than that provided by the debtor's confirmed chapter 13 plan. The debtor also contended that a claim for attorney's fees and costs incurred in a prepetition foreclosure action should be disallowed, as they were not recoverable under 11 U.S.C.S. § 1322(e).
Ruling: 
Proofs of claim disallowed to extent claiming greater rate of interest than provided for in confirmed plan.
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Consumer case opionion summary, case decided on March 30,2010, LexisNexis #0610-061

Crum v. Blixseth (In re Big Springs Realty LLC)

Plaintiff trustee filed an adversary proceeding against defendant former owner, seeking a determination that transfers a realty company made to the former owner before the company declared chapter 7 bankruptcy were avoidable under 11 U.S.C.S. §§ 544(b) and 547, and a return of the distributions under Mont. Code Ann. § 35-8-604. The trustee asked the court to find that her adversary proceeding was a "core proceeding" under 28 U.S.C.S. § 157(b)(2).
Ruling: 
Trustee's avoidance proceeding was core and second count for return of distribution was related to debtor's bankruptcy.
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Commercial case opionion summary, case decided on February 02,2010, LexisNexis #0410-098

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