Judge Perkins

Daily v. Chase Bank USA (In re Daily)

Plaintiff debtor filed an adversary proceeding against defendant creditor for willful violation of the automatic stay for filing a complaint against the debtor in state court. The creditor failed to respond. The matter was before the court for entry of a default judgment and determination of damages.
Ruling: 
Punitive damages for violation of stay not warranted due to mitigating response of creditor.
ABI Membership is required to access the full summary of Daily v. Chase Bank USA (In re Daily). 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 December 18,2007, LexisNexis #0208-002

Nelson Keys & Keys P.C. v. Hudson (In re Hudson)

Plaintiff creditor, the law firm that represented defendant debtor's former spouse in a paternity/support proceeding, filed an adversary proceeding seeking a determination that its debt was nondischargeable. The issue was whether attorney fees incurred in the law firm's representation of the former spouse and which the debtor was ordered to pay were nondischargeable under 11 U.S.C. § 523(a)(5). The law firm moved for summary judgment.
Ruling: 
Attorneys' fees awarded to debtor's former spouse in custody proceeding were nondischargeable.
ABI Membership is required to access the full summary of Nelson Keys & Keys P.C. v. Hudson (In re Hudson). 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 27,2007, LexisNexis #0108-008

In re Brown

The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
Ruling: 
Plan could not simultaneously seek to cure default and modify secured claim in motor vehicle.
ABI Membership is required to access the full summary of In re Brown. 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 09,2007, LexisNexis #1207-061

In re Cole

The debtor moved to avoid creditor's lien under 11 U.S.C. § 522(f)(1)(B).
Ruling: 
Security interests in computer and other personal property were nonpossessory, non-purchase money and avoidable.
ABI Membership is required to access the full summary of In re Cole. 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 06,2007, LexisNexis #1207-045

In re Lilly

Claimant creditor objected to confirmation of debtor's Amended Chapter 13 Plan. At issue was whether the lien retention provision added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") to 11 U.S.C. § 1325(a)(5)(B)(i) prevented a chapter 13 debtor who was not entitled to a discharge from modifying the interest rate on a secured claim and, if permitted, the post-bankruptcy effect of such modification.
Ruling: 
Chapter 13 debtor not entitled to discharge could confirm plan paying Till rate of interest on "910" claim.
ABI Membership is required to access the full summary of In re Lilly. 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 October 30,2007, LexisNexis #1207-060

In re Erwin

The debtors moved for confirmation of their amended chapter 13 plan. A secured creditor objected on the basis that the plan failed to provide for its secured claim to be paid in equal monthly payments. The issue was whether the trustee could continue to pay debtors'attorney fees on an accelerated basis despite the resulting increase in secured creditor payments once the attorney was fully paid.
Ruling: 
Equal payment provision not directed at payments by trustee to secured creditors.
ABI Membership is required to access the full summary of In re Erwin. 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 October 01,2007, LexisNexis #1107-016

In re Moreland

An attorney for chapter 13 debtors filed an application for compensation, seeking an additional $840 in attorney fees, plus costs, for work performed related to an audit of the debtors'financial records. The U.S. Trustee opposed the allowance of costs. The trustee did not oppose an award of reasonable fees related to the audit but took no position as to the reasonableness of the fees requested.
Ruling: 
Debtor's attorney allowed additional fee for services performed in relation to audit.
ABI Membership is required to access the full summary of In re Moreland. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Marshall

Creditor filed an objection to debtors'proposed chapter 13 plan. In support of its objection, the creditor contended that it was bad faith, per se, for the debtors to have purchase a vehicle 40 days before bankruptcy, fail to make any prepetition payments, and seek to reduce the contract rate of interest in a chapter 13 plan.
Ruling: 
Till rate of interest, not contract rate, applied to claim secured by motor vehicle purchased just prior to petition date.
ABI Membership is required to access the full summary of In re Marshall. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wilkinson-Bell v. Educational Credit Management Corp.

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that student loan debt to the creditor, which the debtor incurred for her older daughter's education, was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
Ruling: 
Blind debtor with other health problems living at or below poverty level granted an undue hardship discharge of student loan debt.
ABI Membership is required to access the full summary of Wilkinson-Bell v. Educational Credit Management Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Behnke v. Murphy (In re Murphy)

Creditor filed a complaint against chapter 7 debtors, seeking a denial of debtors'discharge pursuant to 11 U.S.C. § 727(a)(4)(A), alleging that debtors knowingly and fraudulently made false oaths in connection with their chapter 7 case.
Ruling: 
Errors and omissions in schedules by financially unsophisticated debtors were not grounds for denial of discharge.
ABI Membership is required to access the full summary of Behnke v. Murphy (In re Murphy). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Perkins