Judge Cook

Still v. Bowers (In re McKenzie)

Ruling: 
Statute of limitations not tolled due to trustee's failure to be alerted by "red flags."
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Consumer case opionion summary, case decided on May 16,2014, LexisNexis #0614-097

Still v. Bowers (In re McKenzie)

Ruling: 
Summary judgment in avoidance proceeding denied due to dispute over timing of alleged fraudulent transfer.
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Consumer case opionion summary, case decided on February 21,2014, LexisNexis #0314-093

Jahn v. FirstBank (In re Jones)

Ruling: 
Property conveyed by valid prepetition successor trustee's deed was not property of the estate.
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Consumer case opionion summary, case decided on September 23,2013, LexisNexis #1013-052

In re Parham

Ruling: 
Debtor could not proceed against the IRS for violation of the discharge injunction until administrative remedies had been exhausted.
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Consumer case opionion summary, case decided on July 29,2013, LexisNexis #0813-090

Steed v. Hawkins (In re Rivas)

Plaintiff trustee filed an adversary proceeding against defendant agent, seeking a determination that he was entitled under 11 U.S.C.S. § 548(a)(1) to recover money the agent received from a chapter 7 debtor who operated a Ponzi scheme. The trustee filed a motion for summary judgment, and the court consolidated the trustee's motion with objections the trustee filed to claims the agent filed against the debtor's bankruptcy estate.
Ruling: 
Transfers by debtor Ponzi scheme operator to "equity agent" were avoidable where no value was received in exchange.
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Consumer case opionion summary, case decided on April 06,2012, LexisNexis #0512-023

In re Winters

A creditor filed a motion to dismiss chapter 13 debtor's case on the grounds that the debtor owed an unsecured debt to the creditor that exceeded the unsecured debt limit of $360,475 established by 11 U.S.C.S. § 109(e) for an individual to be eligible for chapter 13 relief.
Ruling: 
Chapter 13 case dismissed due to liquidated noncontingent secured debt in excess of limits.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0412-003

Poteet v. eCAST Settlement Corp. (In re Poteet)

Defendant creditor filed a motion to dismiss plaintiff debtors' complaint, which alleged a gross violation of the automatic stay, 11 U.S.C.S. § 362, that defective proofs of claim filed by the creditor gave rise to a right to monetary damages and legal fees under Fed. R. Bankr. P. 3001(c), and that the creditor violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§ 1692-1692p.
Ruling: 
Filing of proof of claim omitting supporting documentation did not violate stay.
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Consumer case opionion summary, case decided on August 17,2011, LexisNexis #0911-037

Jahn v. Genesis Merchant Partners LP (U.S. Ins. Group LLC)

Chapter 7 trustee filed a motion for summary judgment in his action against defendant lender, seeking to avoid and recover four alleged preferential transfers pursuant to 11 U.S.C.S. § 547(b).
Ruling: 
Payments within 90 days of petition date to undersecured lender on account of antecedent debt were avoidable.
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Commercial case opionion summary, case decided on June 09,2011, LexisNexis #0811-022

In re Senior Hous. Alternatives Inc.

A secured creditor of Chapter 11 debtor filed a motion to prohibit the debtor's use of cash and for relief from the automatic stay. The debtor filed a motion to determine that the cash was free and clear of the creditor's lien or, alternatively, for use of cash collateral if it was subject to the creditor's lien.
Ruling: 
Income stream assigned to creditor's predecessor in interest was "cash collateral" and could be used by debtors.
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Commercial case opionion summary, case decided on January 19,2011, LexisNexis #0211-042

In re Morgan

Debtor, the wife of a Ponzi scheme operator, claimed a homestead exemption in her real property. Her trustee and the spouse's bankruptcy trustee filed objections to that exemption and to her claim of an exemption in certain garnished funds. Debtor also moved to avoid the spouse's trustee's judicial lien to the extent that it impaired her exemptions.
Ruling: 
Debtor whose spouse operated Ponzi scheme allowed homestead exemption and partial avoidance of judicial lien of spouse's trustee.
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Consumer case opionion summary, case decided on November 29,2010, LexisNexis #0111-008

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