Judge Humphrey

In re Thompson

The debtors, whose real property was subject to a foreclosure action initiated by movant lender, objected to a charge for the costs of a title insurance premium incurred in the pre- petition state foreclosure action as part of the creditor's allowed claim in the chapter 13 bankruptcy case, pursuant to 11 U.S.C.S. § 1322(e).
Ruling: 
Objection to inclusion of costs of title insurance premium incurred in the pre-petition state foreclosure action overruled.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0110-027

Harker v. Wells Fargo Bank (In re Krause)

Plaintiff bankruptcy trustee brought a putative class-action adversary proceeding against defendants, a mortgagee and related entities, seeking a declaration that the mortgagee was not a creditor of bankruptcy debtors and seeking to avoid a mortgage lien, an assignment of which was not recorded as required by state law. The mortgagee and the entities moved to dismiss the complaint.
Ruling: 
Putative class action mortgage avoidance proceeding dismissed as court lacked in rem jurisdiction.
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Consumer case opionion summary, case decided on September 01,2009, LexisNexis #0909-132

Rieser v. Fifth Third Mortg. Co. (In re Wahl)

Under 11 U.S.C.S. §§ 544(a) and 547, chapter 7 trustee sought to avoid the granting by debtor spouse of a mortgage to a lender on an undivided one-half interest in real property. The trustee filed a motion for summary judgment.
Ruling: 
Improper acknowledgement resulted in avoidance of mortgage on debtor's one-half interest in real property.
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Consumer case opionion summary, case decided on June 30,2009, LexisNexis #0809-050

In re Cortner

A secured creditor of a chapter 13 debtor objected to the debtor's plan. The chapter 13 trustee objected to the proofs of claim of the creditor.
Ruling: 
Chapter 13 debtor required to pay interest rate set at state tax certificate auction.
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Consumer case opionion summary, case decided on February 04,2009, LexisNexis #0309-081

Weisle Corp. v. Leist (In re Leist)

Plaintiffs, a judgment creditor and its principal, and defendant chapter 7 debtor filed cross-motions for summary judgment in plaintiffs' action, which sought to have the judgment debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
Ruling: 
Debtor real estate broker's purchase of property instead of making offer on behalf of clients resulted in nondischargeable economic injury.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-046

Noland v. Wells Fargo Bank (In re Williams)

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an adversary proceeding against defendants, a mortgage company and a bank, seeking a judgment avoiding a mortgage lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(3), and disallowance of the bank's claim against the estate. The bank filed a motion to dismiss.
Ruling: 
Bank's failure to record assignment of mortgage was not grounds for avoidance.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-080

In re Hill

Chapter 13 trustee objected to the debtor's modification of his confirmed chapter 13 plan, proposed pursuant to 11 U.S.C.S. § 1329.
Ruling: 
Postpetition domestic support obligation did not provide basis for plan modification.
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Consumer case opionion summary, case decided on April 29,2008, LexisNexis #0508-091

In re Vollman

A debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed amended plan. A creditor filed an objection to the amended plan.
Ruling: 
Debtor could not discriminate against nonpriority unsecured creditors with co-obligors.
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Consumer case opionion summary, case decided on March 21,2008, LexisNexis #0408-057

In re Anderson

A creditor of chapter 13 debtors objected to the confirmation of their plan.
Ruling: 
Debtor properly deducted both secured debt on collateral to be surrendered and authorized amound for leased vehicle in calculating projected disposable income.
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Consumer case opionion summary, case decided on March 21,2008, LexisNexis #0408-051

In re Meadows

A debtor filed for relief under chapter 13 of the United States Bankruptcy Code. The debtor alleged that a company willfully violated the automatic stay provided for under 11 U.S.C. § 362(a), and the debtor sought sanctions.
Ruling: 
Company's failure to return funds from check dated prior to petition date but cashed postpetition violated stay.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0308004

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