Skip to main content

Page Banner(Taxonomy)

judge bauknight

Kloeber v. Montanari (In re Montanari)

Ruling
Debtor sanctioned for failing to finalize agreed-upon, binding settlement with creditor and settlement terms were incorporated in final judgment.
Issue(s)
Could settlement debtor failed to finalize be enforced by the bankruptcy court.

ABI Membership is required to access the full summary of Kloeber v. Montanari (In re Montanari) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 29, 2015 , LexisNexis #1115-106

In re Phillips

Ruling
Debtor failed to establish damages for creditor's violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for creditor's stay violation where actual notice to creditor was never established and debtor never communicated to creditor subsequent to the violation?

ABI Membership is required to access the full summary of In re Phillips Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 13, 2015 , LexisNexis #0815-008

In re Miller

Ruling
Confirmation denied where terms of plan contradicted cross-collateral provisions in loan agreement with creditor bank.
Issue(s)
Could debtor's third amended plan of reorganization be confirmed?

ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 01, 2015 , LexisNexis #0515-131

Hollis v. Ardahji (In re Ardahji)

Ruling
Equitable tolling of statute of limitations did not apply where creditors were not vigilant in preserving their rights.
Issue(s)
Could late-filed nondischargeability proceeding be allowed pursuant to equitable tolling?

ABI Membership is required to access the full summary of Hollis v. Ardahji (In re Ardahji) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 02, 2015 , LexisNexis #0415-140

Farmer v. Citizens Natl Bank of Athens (In re Davis)

Ruling
Holder of deed of trust had priority over trustee in settlement proceeds for damage to real property.
Issue(s)
Whether settlement proceeds for damage to real property that is subject to a deed of trust are general intangibles required to be perfected under the Uniform Commercial Code or substitute collateral for damage to the value of the real property subject to the lien and having priority over the trustee?

ABI Membership is required to access the full summary of Farmer v. Citizens Natl Bank of Athens (In re Davis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 30, 2015 , LexisNexis #0415-094

In re Shivshankar Pship LLC

Ruling
Confirmation of plan denied on feasibility grounds.
Issue(s)
Could chapter 11 plan be confirmed where projected numbers were allegedly inconsistent and unreliable and debtor's ability to refinance was in question?

ABI Membership is required to access the full summary of In re Shivshankar Pship LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 06, 2015 , LexisNexis #0615-028

Kloeber v. Montanari (In re Montanari)

Ruling
Summary judgment on issue of nondischargeability denied absent evidence.
Issue(s)
Did creditor establish that there were no issues of material fact with respect to its motion for summary judgment in nondischargeability proceeding.

ABI Membership is required to access the full summary of Kloeber v. Montanari (In re Montanari) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2015 , LexisNexis #0315-049

Long v. Baah (In re Baah)

Ruling
State court fraud judgment was insufficient to have collateral estoppel effect on issue of nondischargeability.
Issue(s)
Was state court fraud judgment nondischargeable due to operation of collateral estoppels?

ABI Membership is required to access the full summary of Long v. Baah (In re Baah) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 13, 2015 , LexisNexis #0215-047