- 11 U.S.C.
Schaefer v. First National Bank
Oct
15
2009
Ruling
Constructively fraudulent mortgage avoided.
Procedural posture
Plaintiff chapter 11 debtors filed an adversary proceeding against defendants, a bank and a committee of unsecured creditors, seeking a judgment determining the validity and priority of liens against real property they owned. The committee filed a crossclaim against the bank, seeking to avoid a mortgage under 11 U.S.C.S. § 548(a)(1)(B), which the debtors gave the bank.
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Court
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- 11 U.S.C.
Taylor v. Taylor (In re Taylor)
Jul
03
2009
Ruling
Discharge denied due to debtor's material misrepresentations and omissions in schedules.
Procedural posture
In a chapter 7 bankruptcy proceeding, plaintiff creditor sought to have a $ 60,000 debt determined non-dischargeable under the provisions of 11 U.S.C.S. § 523, , in the alternative, to have the debtor's discharge denied pursuant to the provisions of 11 U.S.C.S. § 727. The court's initial action should be to determine whether the debtor was entitled to a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
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Court
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- 11 U.S.C.
In re Webb
May
27
2009
Ruling
Debtor awarded damages and attorneys' fees for creditor's repeated postpetition collection efforts in violation of stay.
Procedural posture
A debtor filed an amended motion for sanctions for a willful violation of the automatic stay against a creditor, pursuant to 11 U.S.C.S. § 362. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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- 11 U.S.C.
In re Bishop
Apr
14
2009
Ruling
Payments clearly intended as property settlement rather than support were dischargeable.
Procedural posture
The debtor's former spouse objected to confirmation of the debtor's chapter 13 plan. The debtor objected to the proofs of claim filed by his former spouse, asserting that her claims should be paid as priority claims that were in the nature of child support or maintenance and, thus, non- dischargeable pursuant to the provisions of 11 U.S.C.S. § 523(a)(5).
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Crawford v. Credit Acceptance Corp. (In re Crawford)
Dec
24
2008
Ruling
Creditor's failure to repair auto disabling device was a willful violation of stay entitling debtor to damages.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor secured by the debtor's vehicle, seeking a determination that the creditor violated the automatic bankruptcy stay by failing to repair a disabling device installed on the vehicle by the creditor. The debtor sought damages and attorney fees under 11 U.S.C.S. § 362(k) for the creditor's willful violation of the stay.
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In re Brandon
Dec
16
2008
Ruling
Above-median debtor required to commit to plan period of 60 months.
Procedural posture
A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
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- 11 U.S.C.
Custom Mortg. Solutions Inc. v. Hood (In re Hood)
Oct
02
2008
Ruling
Judgment against debtor's company was not proper basis for finding of nondischargeability.
Procedural posture
Plaintiff, a judgment creditor of a company set up by defendant debtor, brought an adversary proceeding to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(6) against debtor. The matter was before the court for decision following trial.
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- 11 U.S.C.
Davis v. Hiatt (In re Hiatt)
Sep
15
2008
Ruling
Claim based on debtor's fiduciary defalcation affirmed as nondischargeable on remand upon debtor's admission of material facts.
Procedural posture
In finding in favor of plaintiff, the court concluded that defendant debtor was guilty of a defalcation while acting in a fiduciary capacity to plaintiff and that any debt arising from plaintiff's pending civil lawsuit in state court was non-dischargeable pursuant to the provisions of 11 U.S.C.S. § 523(a)(4). The matter was before the court on remand and the court made its findings of fact and conclusions of law under Fed. R. Bankr. P. 7052.
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- 11 U.S.C.
In re Meyerberg
Jun
24
2008
Ruling
Confirmation denied for failure to propose payment of current mortgage arrearage.
Procedural posture
A creditor that was a mortgage company objected to debtors' motion to confirm their chapter 13 plan. At issue was whether the plan, as required by 11 U.S.C.S. § 1322(b)(2), fully paid certain pre-petition arrearages on the mortgage that had granted by debtors to the creditor.
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Court
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In re Hernandez
Jun
09
2008
Ruling
Negative equity included in vehicle loan is not part of purchase money security interest and subject to bifurcation.
Procedural posture
Before the court in the chapter 13 case was a creditor's motion to vacate order confirming plan, and debtor's objection to the creditor's claim # 6.
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Court
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