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Turner v. American Express Centurion Bank (In re Turner)

Sep
16
2011
Ruling
Debtor's proceeding for violation of stay, Bankruptcy Rule 3001(c) and Fair Debt Collection Practices Act dismissed.
Procedural posture

Creditor filed a motion to dismiss plaintiff debtor's complaint, which asserted three causes of action: (1) a claim for violation of the automatic stay; (2) failure to comply with Fed. R. Bankr. P. 3001(c); and (3) violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692.

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Consumer opinion summary, case decided on September 16, 2011 , LexisNexis #1011-109
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Konvalinka & Harrison PC v. Banks (In re McKenzie)

Aug
12
2011
Ruling
Trustee and counsel who were carrying out duties under §323 were immune from liability for malicious prosecution.
Procedural posture

A bankruptcy trustee and his counsel in various matters in a chapter 7 case including in the trustee's unsuccessful suit against plaintiffs, moved to dismiss and/or for judgment on the pleadings based on claims that they were carrying out duties in 11 U.S.C.S. § 323 and thus were immune to liability to plaintiffs, members of a law firm against which an adversary proceeding had earlier been filed, by reason of quasi-judicial immunity.

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Consumer opinion summary, case decided on August 12, 2011 , LexisNexis #0911-071
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Southern Heritage Bank v. Hart (In re Hart)

May
20
2011
Ruling
Misrepresentation of business ownership to lender resulted in nondischargeable debt.
Procedural posture

Plaintiff bank sought a determination that the debtor's indebtedness to the bank was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).

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Consumer opinion summary, case decided on May 20, 2011 , LexisNexis #0611-052
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In re McKenzie

Mar
08
2011
Ruling
Creditor's challenge to debtor's attorneys' fees denied except as to two weeks of prepetition services.
Procedural posture

Citing Fed. R. Civ. P. 60, 11 U.S.C.S. § 327, Fed. R. Bankr. P. 2014, movant creditor, a claimant prosecuting a claim for $750,000 in unpaid legal fees, challenged various aspects of orders relating to the retention of counsel for debtor. Issues included whether employment in debtor's Chapter 7 case may be authorized retroactively and whether any mistake exists that necessitated reconsideration of an order granting the fifth fee application.

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Consumer opinion summary, case decided on March 08, 2011 , LexisNexis #0411-036
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Weir v. Chadwick (In re Chadwick)

Feb
07
2011
Ruling
Debtor's transfer of assets to family limited partnership was constructively fraudulent.
Procedural posture

Creditors brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor's transfer of an interest in the debtor's residence as a tenant by the entirety to a family limited partnership was actually and constructively fraudulent under Tenn. Code Ann. § 66-3- 305(a), and thus the transfer was avoidable.

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Consumer opinion summary, case decided on February 07, 2011 , LexisNexis #0311-022
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In re Dozier

Nov
19
2010
Ruling
Proof of claim filed four years after bar date disallowed but would not be discharged.
Procedural posture

Almost four years following the bar date for filing claims in a chapter 13 case, a creditor filed a claim based on a revived state court judgment. The debtor argued that the claim was time-barred, that the revival state court proceeding was void as a violation of the automatic stay, and that the statute of limitations to enforce the judgment had passed.

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Consumer opinion summary, case decided on November 19, 2010 , LexisNexis #1210-137
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