Judge Barbosa

In re Hernandez

Pursuant to 11 U.S.C.S. § 1324 and § 1325(a)(5), creditor filed an objection to confirmation of the debtor's proposed chapter 13 plan. At issue was whether the plan would provide the creditor, which held a security interest in the debtor's vehicle, with adequate protection and equal payments, pursuant to 11 U.S.C.S. § 1325(a)(5)(B)(iii).
Ruling: 
Possibility of lack of adequate protection in the future was not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on April 14,2009, LexisNexis #0609-127

In re Peterson

The creditor, a lessor and successor in interest to two personal guarantees executed by the debtor in relation to two personal property leases for equipment placed in a pharmacy, filed a proof of claim in the amount of $ 275,462.87. The debtor-guarantor filed an objection to the claim pursuant to 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a).
Ruling: 
Personal guarantees of leases were valid and not affected by bankruptcy of lessor or state court judgment in lessor's favor.
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Consumer case opionion summary, case decided on April 10,2009, LexisNexis #0909-080

In re Welch

A debtor filed a motion for contempt against a creditor for an alleged violation of the automatic stay pursuant to 11 U.S.C.S. § 362 following the creditor's repossession of a vehicle purchased under an installment contract.
Ruling: 
Creditor's continued possession of vehicle that was repossessed prior to petition date was not a stay violation absent adequate protection.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0509-017

In re Custom Designed Cabinetry & Constr. Inc.

After the debtor filed a voluntary chapter 11 bankruptcy petition, a creditor moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) and Fed. R. Bankr. P. 4001 as to the debtor's real estate and business assets. A state court had scheduled a foreclosure sale on those assets.
Ruling: 
Relief from stay to foreclose granted due to loss of equity cushion in property.
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Commercial case opionion summary, case decided on March 09,2009, LexisNexis #0509-041

In re Commercial Mortg.

The official committee of unsecured creditors (UCC) filed three motions: a motion to approve the imposition of liens and encumbrances, a motion to approve restrictions on and limit loan transactions between the debtor and its subsidiaries, and a motion to establish a restricted bank account, pursuant to 11 U.S.C.S. §§ 105, 363(c)(1), 507, 1103(c)(5), and 1107(a). The debtor opposed the motions. There were no secured creditors.
Ruling: 
Motion to impose lien and place other restrictions on debtor in possession granted where there were no secured creditors.
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Commercial case opionion summary, case decided on March 06,2009, LexisNexis #0509-053

In re Swift

A creditor filed a motion, pursuant to 11 U.S.C.S. §§ 362(d)(1), 1307, for relief from the automatic stay or, alternatively, to dismiss the debtors' chapter 13 case for failure to make plan payments.
Ruling: 
Mortgage creditor granted relief from stay based on debtor's postpetition default.
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Consumer case opionion summary, case decided on February 19,2009, LexisNexis #0509-042

In re Nichol

The matter came before the court on the motion to avoid a bank's judicial lien filed by the chapter 7 debtor pursuant to 11 U.S.C.S. § 522.
Ruling: 
Judicial lien impairing debtor's interest in entireties property avoided.
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Consumer case opionion summary, case decided on February 06,2009, LexisNexis #0409-115

In re Baker

A trustee filed a motion to dismiss the debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
40-month commitment period was appropriate for below-median debtor.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0409-132

In re Dovetail Inc.

A creditor filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6) and 11 U.S.C.S. § 1112(b), to dismiss a debtor's small business chapter 11 case for cause.
Ruling: 
Dismissal for failure to file plan denied as not in best interests of creditors.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0409-129

In re Crome

Pursuant to 11 U.S.C.S. §§ 362(a)(6) and (k), the pro se debtors filed a motion for sanctions against their gas service provider for denial of residential gas service after their chapter 7 bankruptcy filing.
Ruling: 
Creditor did not violate stay by terminating gas price after illegal tampering with meter.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-110

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