Middle District

Pigg v. BAC Home Loans Servicing LP (In re Pigg)

Chapter 7 debtor brought an adversary proceeding against defendants, a bank, a homeowners' association, and a loan servicer, seeking some form of equitable relief to stop her homeowner association dues and assessments (HOA dues) from continuing to accrue even though she permanently evacuated her condominium after a flood.
Ruling: 
Case ordered reopened and discharge set aside to allow sale of flood-damaged condominium unit to satisfy nondischargeable assessments.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #1011-118

In re Beaudet

A debtor filed an objection to a creditor's amended proof of claim. A Chapter 13 trustee filed a motion to modify the debtor's ongoing mortgage payments to the creditor. The debtor objected to the trustee's motion because the revised ongoing payments included pre-petition escrow arrearages. At the hearing, the trustee stated his support for the debtor's position that pre-petition escrow shortages should not be included in ongoing future mortgage.
Ruling: 
Escrow shortage was a prepetition claim that could not be included in future mortgage payments.
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Consumer case opionion summary, case decided on April 13,2011, LexisNexis #0511-036

Terlecky v. Crevecor Mortg. Inc. (In re Trahan)

Chapter 7 trustee filed an adversary proceeding against defendants, a mortgage company and a mortgage services company, seeking a determination that a mortgage which two debtors signed before they declared bankruptcy was avoidable under 11 U.S.C.S. § 544(a)(3). The mortgage company asked the court to certify a question of law to the Ohio Supreme Court, and the trustee moved for summary judgment on his claim.
Ruling: 
Improperly acknowledged mortgage could be avoided.
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Consumer case opionion summary, case decided on March 24,2011, LexisNexis #0411-089

In re Hudson

Debtors declared chapter 12 bankruptcy in October 2008, and they filed an amended plan for repaying their creditors and asked the court for permission to utilize funds held by the bankruptcy trustee and to incur credit. A secured creditor filed an objection to confirmation of the debtors' amended plan.
Ruling: 
Chapter 12 plan confirmed as feasible given property and commitment from supplier to provide poultry.
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Consumer case opionion summary, case decided on March 15,2011, LexisNexis #0511-028

In re Mace

A creditor objected to confirmation of the second amended plan proposed by a Chapter 11 trustee on the ground that the plan unfairly discriminated against the creditor and that the plan was not fair and equitable as required by 11 U.S.C.S. § 1129(b)(2)(A).
Ruling: 
Plan proposing 20-year loan repayment period did not discriminate against creditor.
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Consumer case opionion summary, case decided on January 25,2011, LexisNexis #0211-129

Love v. Scott (In re Love)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Chairman of the Tennessee Board of Professional Responsibility (TBPR) seeking a determination that the debtor's prior bankruptcy discharge precluded the TBPR from refusing to reinstate the debtor's license as an attorney until the debtor paid prior costs of disciplinary proceedings. The debtor and the Chairman cross-moved for summary judgment.
Ruling: 
Costs assessed in debtor lawyer's disciplinary proceeding were compensation for actual pecuniary losses that were discharged so that nonpayment could not prevent reinstatement of license.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0211-055

In re Fairview Club Props. LLC

This matter came before the court on confirmation of debtors' chapter 11 Amended Plans of Reorganization dated October 4, 2010. Pending was a creditor's objection to confirmation in all three cases.
Ruling: 
Confirmation of three identical plans filed in three separate cases denied on feasibility grounds.
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Commercial case opionion summary, case decided on November 02,2010, LexisNexis #1210-097

In re Spencer Creek Props.

A creditor bank sought a determination whether the case was a "single asset real estate" (SARE) case as defined in the 11 U.S.C.S. § 101(51B), and thus whether relief from the automatic stay was applicable under 11 U.S.C.S. § 362(d)(3).
Ruling: 
Creditor bank granted relief from stay in single asset real estate case.
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Commercial case opionion summary, case decided on October 25,2010, LexisNexis #1210-005

In re Morris

The U.S. Trustee filed a motion to dismiss a debtor's current case with prejudice based on the debtor's prior filings and his failure to comply with the requirements of 11 U.S.C.S. §§ 109 and 521. In support of its motion, the U.S. Trustee alleged that the debtor's case should be dismissed for cause pursuant to 11 U.S.C.S. § 1112(b)(4)(A) and (F).
Ruling: 
Debtor's fourth case in eight years dismissed with two-year filing bar for failure to pay fees or comply with credit counseling requirement.
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Consumer case opionion summary, case decided on October 06,2010, LexisNexis #1110-061

In re Wensons Prop. Mgmt.

A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1). As cause, the creditor asserted that its security interest in a chapter 11 debtor's commercial property was not adequately protected.
Ruling: 
Relief from stay to enforce interest in commercial property granted where qualified expert established that creditor was not adequately protected.
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Commercial case opionion summary, case decided on August 13,2010, LexisNexis #1010-010

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