- 11 U.S.C.
Conley v. Smith (In re Smith)
Dec
30
2008
Ruling
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Schweibish v. Yoshida (In re Yoshida)
Dec
23
2008
Ruling
Judgment debt owed to debtor's mother, who put home up as collateral for loan used solely for debtor's benefit, was dischargeable absent deceit.
Procedural posture
Judgment creditor filed a complaint against debtors seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). She sought summary judgment on the count alleging nondischargeability under § 523(a)(2)(A), and the debtors filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6).
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:
- 11 U.S.C.
Barnhills Buffets Inc. v. SCS Gen. Contrs. Inc. (In re Barnhills Buffets Inc.)
Nov
19
2008
Ruling
Contractor's equitable lien against debtor's leasehold interest in properties terminated on petition date.
Procedural posture
Defendant, a secured creditor of a chapter 7 debtor, and cross-defendant, a company that was alleged to be the debtor's alter ego, filed motions for summary judgment in defendant and counterplaintiff contractor's action, alleging that it had equitable liens against the leasehold interests of the debtor and the fee interests of the lessors, and that the company should be held jointly and severally liable with the debtor on the contractor's claims.
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:
- 11 U.S.C.
Buckeye Check Cashing Inc. v. Meadows (In re Meadows)
Nov
12
2008
Ruling
Creditor's postpetition cashing of check postdated by debtor for date after petition date did not violate stay.
Procedural posture
Appellant payday lender challenged a ruling of the U.S. Bankruptcy Court for the Southern District of Ohio, Western Division at Dayton, that it violated the automatic stay when, after receiving notice of appellee debtor's chapter 13 filing, it refused to unconditionally return funds from the postpetition presentment of appellee's prepetition check. At issue was whether such conduct violated 11 U.S.C.S. § 362 and the impact of 11 U.S.C.S. § 549.
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Court
:
Judge or Jurisdiction information not available
Prince v. Countrywide Home Loans Inc.
Oct
08
2008
Ruling
Motion to withdraw reference of debtors' challenge to foreclosure sale denied.
Procedural posture
Debtors filed a motion to withdraw the reference, pursuant to 28 U.S.C.S. § 157(d), of their Real Estate Settlement Procedures Act (RESPA) and Fair Debt Collection Practices Act (FDCPA) claims against defendant bank.
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Court
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In re Jones
Oct
06
2008
Ruling
Attorneys' fee awarded with reduction for excessive paralegal fees.
Procedural posture
The attorney for a chapter 13 debtor filed a request for compensation under 11 U.S.C.S. § 330(a) along with a detailed itemization of the requested fees pursuant to Fed. R. Bankr. P. 2016.
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Court
:
- 11 U.S.C.
IBM Southeast Emples. Fed. Credit Union v. Collins
Sep
17
2008
Ruling
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
Procedural posture
After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.
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:
- 11 U.S.C.
In re Rose
Sep
10
2008
Ruling
Guardian ad litem fees constituted a "domestic support obligation."
Procedural posture
A chapter 13 debtor filed an objection to a claim filed by a judgment creditor, who sought priority of payment under the debtor's plan pursuant to 11 U.S.C.S. § 507(a)(1).
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Baker v. Mortg. Elec. Registration Sys. (In re King)
Aug
20
2008
Ruling
Untimely recorded mortgage properly avoided as preferential.
Procedural posture
Appellee Bankruptcy trustee brought an adversary proceeding against appellant mortgagees seeking to avoid a mortgage granted by bankruptcy debtors, which was not timely perfected, as a preferential transfer under 11 U.S.C.S. § 547(b). The mortgagees appealed the order of the United States Bankruptcy Court for the Eastern District of Kentucky which granted summary judgment to the trustee.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
General Elec. Credit Equities Inc. v. Brice Rd. Dev. L.L.C. (In re Brice Rd. Dev. L.L.C.)
Aug
14
2008
Ruling
Plan did not afford creditor full rights as electing secured creditor where proposed payments did not total allowed amount of claim.
Procedural posture
Appellant creditor challenged a decision of the United States Bankruptcy Court for the Southern District of Ohio, which confirmed appellee debtor's plan over the objections of the creditor, which claimed that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11), was not fair and equitable as required by § 1129(b)(2), and failed to accord the creditor its rights as an electing secured creditor under 11 U.S.C.S. § 1111(b)(2).
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Court
:
Judge or Jurisdiction information not available