Judge Perkins

In re Vita Corp.

A debtor filed a motion to confirm its chapter 11 plan of reorganization.
Ruling: 
Creditors' failure to return ballot rejecting plan did not constitute deemed acceptance.
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Hanson v. LTD Commodities LLC (In re Hanson)

Plaintiff debtors filed an adversary complaint against defendants, a creditor and its attorneys, seeking damages for a willful violation of the automatic stay under 11 U.S.C. § 362(h). Defendants failed to answer, and the debtors sought the entry of a default judgment, an award of attorney fees, and punitive damages.
Ruling: 
Default judgment for willful violation of stay denied where facts supported violation of discharge injunction.
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Rafool v. Friedrich (In re Friedrich)

Plaintiff trustee sought a revocation, pursuant to 11 U.S.C. § 727(d)(1) and (2), of defendant debtor's discharge in bankruptcy.
Ruling: 
Failure to disclose probate claim, proceeds of which were forwarded to trustee by debtor's attorney, was not grounds for revocation of discharge.
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Chase Bank USA N.A. v. Haley (In re Haley)

Plaintiff credit card issuer sought a determination of nondischargeability under 11 U.S.C. § 523(a)(2) of its debt in the amount of $8,445. It alleged that this amount was the sum of the cash advances and/or convenience check charges incurred within the 60 days preceding the filing of the petition. It also alleged that debtor obtained the credit by false pretenses, false representations and/or actual fraud. Debtor moved for summary judgment.
Ruling: 
Court denied debtor summary judgment concerning debt dischargeability since there was insufficient evidence regarding state of mind when credit card charges were made.
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In re Lortz

A chapter 7 trustee sought to avoid a creditor's lien, pursuant to 11 U.S.C. § 544(a)(1), the "strong arm provision." The creditor filed a motion for relief from the automatic stay.
Ruling: 
Trustee was allowed to avoid lien since creditor's clerical error and erroneous release of title made creditor unsecured creditor.
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In re McKinney

A purchaser of a bankruptcy debtor's delinquent real estate taxes objected to confirmation of the debtor's plan which proposed to pay the purchaser through the plan, on the ground that the debtor failed to redeem the taxes timely under 11 U.S.C. § 108(b). The debtor moved for sanctions for violation of the bankruptcy stay based on the purchaser's state court action to obtain a tax deed and possession of the debtor's real property.
Ruling: 
Objection to confirmation of debtor's plan was denied since debtor was allowed to modify claim.
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In re Pryor

Creditor, which financed the debtor's vehicle and held a security interest in the vehicle, filed an objection to confirmation of the debtor's amended chapter 13 plan. The narrow question before the court was whether the interest rate payable on the secured claim was capped at the contract rate.
Ruling: 
Confirmation of amended plan was denied since plan modified payment stream and thus triggered present value requirement of section 1325(a)(5)(B)(ii).
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I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor obtained a loan and a credit card account from the creditor based on materially false statements in credit applications, and thus the debts were not dischargeable under 11 U.S.C. § 523(a)(2)(B). The bankruptcy court conducted a trial.
Ruling: 
Debtor's credit card debt was deemed nondischargeable, but debtor's loan debt was deemed dischargeable since the creditor relied on the debtor's standing as a good customer rather than on any misstatements.
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In re Tolson

Debtor moved to avoid the judicial lien of the creditor pursuant to 11 U.S.C. § 522(f), contending that entireties property was 100 percent exempt, and that the judicial lien impaired the entireties exemption and was thus avoidable.
Ruling: 
A judicial lien was avoided since the lien impaired the debtor's homestead exemption for entireties property co-owned by the debtor's spouse.
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