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Wisper II LLC v. Abernathy (In re Wisper LLC)

Ruling
Managing member and spouse of debtor's predecessor LLC ordered to return property received in constructively fraudulent transfers.

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Commercial opinion summary, case decided on December 02, 2015 , LexisNexis #1215-124

In re Berry

Ruling
Creditor's motion to set aside discharge denied.
Issue(s)
Should discharge be set aside on grounds that debtor improperly listed debts five debts in schedules where creditor only filed proofs of claim for three of the debts?

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Consumer opinion summary, case decided on October 01, 2015 , LexisNexis #1015-139

In re Longmire

Ruling
Creditor precluded from presenting omitted information from claim and charged with attorneys' fees and expenses due to failure to comply with Rule 3002.1.
Issue(s)
Should creditor be sanctioned for failure to respond to the trustee's notice of final cure payment and completion of plan payments where debtor contends that all amounts required to cure all defaults have been paid in full and that all pre-petition and post-petition payments due to lender have been paid?

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Consumer opinion summary, case decided on September 11, 2015 , LexisNexis #1015-034

In re Elrod

Ruling
IRS levy served upon chapter 13 trustee against disbursements due to creditor violated the stay.
Issue(s)
Did a levy served upon chapter 13 trustee against disbursements due to a creditor violate the automatic stay?

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Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0215-079

In re Elrod

Ruling
IRS levy served upon chapter 13 trustee against disbursements due to creditor violated the stay.
Issue(s)
Did a levy served upon chapter 13 trustee against disbursements due to a creditor violate the automatic stay?

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Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0215-079

In re Brown

Ruling
Undisbursed funds held by chapter 13 trustee were property of the estate until debtor was discharged or case closed and were not subject to IRS levy to satisfy taxes owed by creditor.
Issue(s)
Were undisbursed funds held by chapter 13 trustee subject to levy by IRS to collect taxes owed by a creditor?

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Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0315-008

In re Baker

Ruling
IRS notice of levy against chapter 13 trustee to collect disbursements due to creditor violated the automatic stay.
Issue(s)
Should IRS levy against funds due to be disbursed to creditor that owed taxes, be quashed as violating the automatic stay in chapter 13 debtor's case?

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Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0315-007