Webb v. Bible (In re Bible)
Jul
13
2006
Ruling
Debtor's motion to dismiss creditor's proceeding seeking denial of discharge was granted in part and denied in part since creditor had sufficiently pled fraud claim.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendants, a debtor and an individual, in which the creditor sought the denial of the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4) and (5), a determination regarding the dischargeability of a debt under 11 U.S.C. § 523(a)(6), alleged fraudulent conveyances. Defendants moved to dismiss.
ABI Membership is required to access the full summary of Webb v. Bible (In re Bible) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Long
Jul
12
2006
Ruling
Plan was confirmed since court held that debtors could surrender vehicles in full satisfaction of debt and creditors could not assert unsecured claim for deficiency balance.
Procedural posture
Two creditors holding secured interests in debtors' motor vehicles challenged the confirmation of debtors'plan as not meeting the requirements of 11 U.S.C. § 1325(a)(1) and (a)(3), and did not provide for adequate protection pursuant to 11 U.S.C. § 361, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
ABI Membership is required to access the full summary of In re Long 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 Fee
Jul
06
2006
Ruling
Court disallowed creditor's secured claim since confirmation order controlled and plan called for debtors to surrender vehicle in full satisfaction of debt.
Procedural posture
Debtors filed a voluntary bankruptcy petition. A creditor, which held a security interest in the debtors'automobile, filed a secured claim. A chapter 13 bankruptcy trustee filed an objection to the creditor's proof of claim.
ABI Membership is required to access the full summary of In re Fee 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 Wagner
May
22
2006
Ruling
Creditor's objection to plan confirmation was sustained since proposed plan violated equal monthly payment requirement.
Procedural posture
Objector creditor filed an objection to confirmation of the debtor's chapter 13 plan and asked the court to deny confirmation.
ABI Membership is required to access the full summary of In re Wagner 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 Ezell
Mar
13
2006
Ruling
Court ruled that section 1325(a)(5)'s anti-cramdown paragraph allowed debtors to surrender creditor's collateral to satisfy an allowed secured claim in full.
Procedural posture
A contested matter was before the court on a secured creditor's Objection to Confirmation of Plan and Plan Terms, objecting to confirmation of debtors'chapter 13 plan.
ABI Membership is required to access the full summary of In re Ezell 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 Wilson
Dec
05
2005
Ruling
Debtors were denied unopposed motions to impose automatic stays despite prior recent filings since they did not overcome presumption of bad faith.
Procedural posture
Three chapter 13 debtors filed motions asking the court to extend the automatic stay beyond the 30-day automatic expiration period set forth in 11 U.S.C. § 362(c)(3)(A). A creditor of one of these debtors opposed the motion. Two other chapter 13 debtors filed unopposed motions to impose the automatic stay pursuant to section 362(c)(4)(B).
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Farmer v. Green Tree Serv. LLC (In re Snelson)
Sep
13
2005
Ruling
Trustee could not avoid creditor's lien since the creditor's security interest was perfected despite a clerical error in the description of the collateral.
Procedural posture
Plaintiff, a chapter 7 trustee in bankruptcy, filed an adversary complaint seeking to avoid a lien on the debtor's mobile home held by defendant creditor, pursuant to 11 U.S.C. § 544, to recover the value of the mobile home for the benefit of the debtor's estate under 11 U.S.C. § 551. The trustee claimed the lien was avoidable due to a clerical error in the description of the collateral. Both parties moved for summary judgment.
ABI Membership is required to access the full summary of Farmer v. Green Tree Serv. LLC (In re Snelson) 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 Jenkins
Aug
16
2005
Ruling
Creditor was denied motion to reopen bankruptcy case but only because the creditor was not listed as a creditor and could pursue a separate nondischargeability proceeding regarding damages claim at any time.
Procedural posture
Moving creditor sought to reopen a bankruptcy case to permit filing a motion to modify or amend the order of discharge and for relief from the discharge injunction, so the creditor could bring a claim against the debtor for the unauthorized use and conversion of the creditor's house boat in the Circuit Court for Knox County, Tennessee.
ABI Membership is required to access the full summary of In re Jenkins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)
Aug
03
2005
Ruling
Trustee could not avoid a creditor's lien and did not have priority over the creditor's interests since the creditor's interests were perfected at the time of filing.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary complaint to avoid several liens against personal property of the debtor that were held by defendant creditor pursuant to financing statements filed pursuant to Tenn. Code Ann. § 47-9-101 et seq. (Article 9 of the Uniform Commercial Code.) The creditor moved for relief from the automatic stay and for abandonment by the trustee of the bankruptcy estate's interest in the collateral.
ABI Membership is required to access the full summary of Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)
Aug
02
2005
Ruling
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.
ABI Membership is required to access the full summary of Chattanooga Agric. Credit Assoc. v. Davis (In re Davis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: