- 11 U.S.C.
Peterson Transport v. Curtis (In re Curtis)
Apr
26
2016
Ruling
Discharge could not be denied for alleged failure to keep adequate records where debtor produced sufficient records.
Issue(s)
Should debtor's discharge be denied due to alleged false statements and failure to maintain adequate records?
ABI Membership is required to access the full summary of Peterson Transport v. Curtis (In re Curtis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Newman v. Bamberger (In re Newman)
Feb
17
2016
Ruling
Bankruptcy court lacked jurisdiction over debtor's postpetition negligence claim against counsel.
Issue(s)
Did bankruptcy court lack jurisdiction over debtor's complaint against attorneys for postpetition negligence in legal representation?
ABI Membership is required to access the full summary of Newman v. Bamberger (In re Newman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mefford v. HSBC Mortg. Servs. (In re Mefford)
Jan
07
2015
Ruling
Debtors' lien avoidance proceedings were time barred.
Issue(s)
Could debtors seek to avoid a mortgage on their property due to improper acknowledgement?
ABI Membership is required to access the full summary of Mefford v. HSBC Mortg. Servs. (In re Mefford) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rossco Holdings Inc. v. Pacific Mercantile Bank (In re Rossco Holdings Inc.)
May
30
2014
Ruling
Bankruptcy court did not err in awarding attorneys' fees to creditors who prevailed in adversary proceeding brought by debtors based on terms of earlier settlement of claims.
Issue(s)
Did bankruptcy court err in awarding attorneys' fees to creditors who prevailed in adversary proceeding brought by debtors based on terms of earlier settlement of claims?
ABI Membership is required to access the full summary of Rossco Holdings Inc. v. Pacific Mercantile Bank (In re Rossco Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kyle
May
14
2014
Ruling
Objection to state homestead exemption based on uncodified language regarding effective date of amendment increasing limit denied.
Issue(s)
Should trustee's objection to state homestead exemption claimed in increased amount based on recent amendment be sustained based on uncodified language regarding effective date?
ABI Membership is required to access the full summary of In re Kyle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hall
Jun
25
2013
Ruling
Tax resolution firm's refusal to return payment for postpetition services did not violate stay.
Procedural posture
Chapter 13 debtors filed a motion requesting sanctions and a determination that a tax resolution firm willfully violated the automatic stay pursuant to 11 U.S.C.S. § 362 by refusing to return funds to the debtors for postpetition services that the debtors ultimately deemed unsatisfactory.
ABI Membership is required to access the full summary of In re Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Anderson v. Liberty Sav. Bank (In re Anderson)
Dec
13
2012
Ruling
Second mortgage could be stripped off where first mortgage exceeded value of debtor's residence.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant bank, seeking a determination that she was allowed to strip off a second mortgage lien the bank held on her residence. The debtor filed a motion for summary judgment on her claim.
ABI Membership is required to access the full summary of Anderson v. Liberty Sav. Bank (In re Anderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Chandler v. Alexakis (In re Alexakis)
Dec
13
2012
Ruling
Debt was nondischargeable due to debtor's scheme purporting to help customers prevent foreclosure of their homes.
Procedural posture
Plaintiff judgment creditors filed a complaint in which they requested that a state court judgment debt against defendant chapter 7 debtor be determined nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and § 523(a)(6).
ABI Membership is required to access the full summary of Chandler v. Alexakis (In re Alexakis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Underwood
Sep
08
2011
Ruling
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
Procedural posture
Movant, the United States trustee, filed a motion for entry of an order authorizing the examination of, and requiring the production of documents by secured creditor, the assignee of chapter 13 debtor's mortgage, pursuant to Fed. R. Bankr. P. 2004 and 9016. The creditor objected to the motion.
ABI Membership is required to access the full summary of In re Underwood Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Pomeroy v. Ziegler (In re Ziegler)
Jun
21
2011
Ruling
Debtor held in contempt for failing to comply with discovery order in nondischargeability proceeding.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtors seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2) and (4). An order compelling discovery was previously entered by the court. The creditor filed a motion to show cause why the debtor husband should not be found in contempt of the discovery order.
ABI Membership is required to access the full summary of Pomeroy v. Ziegler (In re Ziegler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: