Judge Perkins

In re VanDyke

A Chapter 13 trustee objected to confirmation of a Chapter 13 plan filed by a debtor.
Ruling: 
Confirmation denied due to improper operating expense deduction for older, inoperable vehicle.
ABI Membership is required to access the full summary of In re VanDyke. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 12,2011, LexisNexis #0611-067

Butler v. National Bank (In re Butler)

Movant debtor sought a contempt order and damages against defendant bank, a secured creditor of debtor that persisted, post-discharge, to pursue claims against debtor relating to certain equipment in which it had a security interest, on the ground that defendant had committed a wilful and intentional violation of the discharge injunction in 11 U.S.C.S. § 524. At issue was the permitted scope of post-discharge efforts to enforce defendant's liens.
Ruling: 
Creditor's pursuit of claim resulting in jailing of debtor for civil contempt and subsequent acceptance of payment violated discharge injunction.
ABI Membership is required to access the full summary of Butler v. National Bank (In re Butler). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 02,2011, LexisNexis #0311-123

In re Eckberg

In a Chapter 12 debtor's case, movant, a grain buyer, filed a motion for allowance of an administrative priority claim under 11 U.S.C.S. § 503(b).
Ruling: 
Damages claim in chapter 12 case based on rejected contracts that contained delayed pricing provisions were not entitled to administrative expense status.
ABI Membership is required to access the full summary of In re Eckberg. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 27,2011, LexisNexis #0211-114

Northwest Bank & Trust Co. v. Edwards (In re Edwards)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination of nondischargeability of a debt resulting from a state court consent judgment based on the language of that judgment. Alternatively, the creditor alleged that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The creditor moved for summary judgment, alleging that the consent judgment should be given preclusive effect.
Ruling: 
Consent judgment was dischargeable as it did not acknowledge falsity or intent to deceive.
ABI Membership is required to access the full summary of Northwest Bank & Trust Co. v. Edwards (In re Edwards). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 09,2010, LexisNexis #1210-049

Rafool v. Evans (In re Central Ill. Energy LLC)

Plaintiff chapter 7 Trustee brought a malpractice complaint against defendants, an attorney and a law firm. The matter was before the court on a Motion to Abstain filed by defendants. Defendants asked the court to exercise its right of permissive abstention under 28 U.S.C.S. § 1334(c)(1). The Trustee opposed the motion.
Ruling: 
Bankruptcy court decided to abstain from hearing legal malpractice case based allegedly erroneous bankruptcy filing advice.
ABI Membership is required to access the full summary of Rafool v. Evans (In re Central Ill. Energy LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 16,2010, LexisNexis #0810-135

Blesdoe v. Bledsoe (In re Bledsoe)

After plaintiff claimant won a state court judgment against debtor, plaintiff's brother, on account of debts arising out of a joint business venture that failed, which judgment was listed in debtor's chapter 13 filing, plaintiff filed a complaint for a declaration that the debt represented by the judgment was nondischargeable per 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). One issue was the claim preclusion effect, if any, of the state court judgment.
Ruling: 
State court judgment establishing fiduciary defalcation was nondischargeable.
ABI Membership is required to access the full summary of Blesdoe v. Bledsoe (In re Bledsoe). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 01,2010, LexisNexis #0910-013

In re Stenstrom

A debtor sought confirmation of her chapter 13 plan. The trustee objected, arguing the plan, which was not paying unsecured creditors in full, violated 11 U.S.C.S. § 1325(b)(1)(B), which required that all projected disposable income be paid to unsecured creditors under her plan. The trustee argued the debtor improperly claimed expenses for a motor home or a fifth wheel as a second vehicle while a co-debtor was using and paying for those vehicles.
Ruling: 
Confirmation denied due to "phantom expenses" claimed in vehicles controlled by co-debtor.
ABI Membership is required to access the full summary of In re Stenstrom. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0610-027

In re Furlong

A chapter 13 debtor filed a motion for reconsideration of an order denying his motion to extend the automatic stay under 11 U.S.C.S. § 362(c)(3)(B). The debtor's ex-wife, a creditor, objected to the motion.
Ruling: 
Stay extended on reconsideration due to debtor's rebuttal of bad faith presumption.
ABI Membership is required to access the full summary of In re Furlong. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 19,2010, LexisNexis #0510-039

Barber v. Central Bank Illinois (In re Trappers Creek LLC)

Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a payment to the creditor by the debtor as a preference pursuant to 11 U.S.C.S. § 547. By way of defense, the creditor alleged alternatively that it was a secured creditor, that the payment was made in the ordinary course of business, and that it was outside the 90-day preference period. The trustee moved for summary judgment.
Ruling: 
Transfer avoided as preferential where creditor was not fully secured and could not overcome presumption that debtor was insolvent at time it was made.
ABI Membership is required to access the full summary of Barber v. Central Bank Illinois (In re Trappers Creek LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 05,2010, LexisNexis #0510-097

In re Basfield

Creditor bank filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362. The bank held the mortgage on residential real estate owned by the debtors.
Ruling: 
Relief from stay to foreclose denied where mortgagee offered no supporting evidence and misstated facts.
ABI Membership is required to access the full summary of In re Basfield. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-066

Pages

Subscribe to Judge Perkins