- 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
:
In re Trobaugh
Sep
12
2005
Ruling
Debtors were denied motion to avoid a creditor's lien on their mobile home since the lien was consensual.
Procedural posture
Debtors filed a voluntary petition for relief under chapter 13 of the Code. Debtors later moved to avoid creditor's lien on a mobile home pursuant to 11 U.S.C. § 522(f).
ABI Membership is required to access the full summary of In re Trobaugh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kennedy Mfg.
Aug
23
2005
Ruling
Debtor's attorneys were granted most of their fees over the trustee's objection that their services did not benefit the estate since the fees were reasonably calculated to benefit the estate when they were performed.
Procedural posture
A law firm representing a bankruptcy debtor submitted its final application for compensation and reimbursement of expenses. The U.S. trustee objected to the application on the grounds that certain of the firm's services did not benefit the estate, time spent with a financial advisor was not compensable, and the firm engaged in overstaffing.
ABI Membership is required to access the full summary of In re Kennedy Mfg. 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 Wycuff
Aug
23
2005
Ruling
Debtors were only entitled to a homestead exemption as to the property's legal title in relation to the trustee's interest pursuant to the debtor husband's dower interest, but the debtors' homestead exemption was disallowed as to the property's equitable interest since the creditor's mortgage existed premarriage and thus was superior to the claimed exemption.
Procedural posture
Bankruptcy debtors, a husband and wife, claimed a homestead exemption in their residence to which the wife held sole legal title, including the husband's dower interest in the property. Creditors, the debtors'mortgagees, objected to the exemption.
ABI Membership is required to access the full summary of In re Wycuff 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
:
U.S. Aeroteam Inc. v. Delphi Automotive Systems LLC (In re United States Aeroteam)
Aug
01
2005
Ruling
Creditor found to have setoff rights for debt owed more than 90 days before filing, but trial was required to determine creditor's setoff rights for debt owed during 90 days prior to filing.
Procedural posture
Plaintiff debtor filed for bankruptcy. Defendant creditor filed a motion for relief from the automatic stay in order to exercise a right to setoff under 11 U.S.C. § 553. Plaintiff assignee joined in the action to determine whether its security interest in the debtor's accounts receivable affected the right to setoff. Both the debtor and the creditor filed motions for summary judgment.
ABI Membership is required to access the full summary of U.S. Aeroteam Inc. v. Delphi Automotive Systems LLC (In re United States Aeroteam) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)
Jul
14
2005
Ruling
Creditor was denied summary judgment where the court ruled it could decide the date an order for relief triggered two-year limitations period for filing creditor's complaint.
Procedural posture
Plaintiff chapter 7 trustee commenced an adversary proceeding against defendants, creditors, seeking to recover certain prepetition transfers made by the debtor. The creditors moved for summary judgment, alleging that the trustee's claims were time barred under 11 U.S.C. § 546.
ABI Membership is required to access the full summary of Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cote v. Catherman (In re Catherman)
Jul
08
2005
Ruling
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
Procedural posture
Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).
ABI Membership is required to access the full summary of Cote v. Catherman (In re Catherman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: