Judge Schmetterer

In re Irmen

Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code, and six months later, he filed a motion to convert his case to one under chapter 11, pursuant to 11 U.S.C.S. § 706(a). Two creditors and the chapter 7 trustee filed objections to the debtor's motion.
Ruling: 
Motion to convert denied as filed in bad faith.
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Consumer case opionion summary, case decided on February 01,2008, LexisNexis #0308-082

In re Strug-Division LLC

In jointly administered proceedings the four related debtors filed for relief under chapter 11. A secured creditor filed a motion for relief from the automatic stay under 11 U.S.C. § 362, or alternatively for dismissal or appointment of a chapter 11 trustee.
Ruling: 
Relief from stay granted to allow creditor to proceed against loans in absence of adequate protection.
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Commercial case opionion summary, case decided on January 14,2008, LexisNexis #0208-039

In re Strug-Division LLC

The debtors filed for relief under chapter 11. A secured creditor filed a motion to dismiss both bankruptcy cases. A consolidated trial was held and the court issued findings of fact and conclusions of law.
Ruling: 
Case dismissed for bad faith where proposed plans were not legally or economically feasible.
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Commercial case opionion summary, case decided on September 14,2007, LexisNexis #1007-089

In re Robson

In a chapter 13 bankruptcy case, a creditor filed a motion to modify stay with respect to a debt secured by a lien on two vehicles. The creditor asserted that the debtors were not providing it with adequate protection for its collateral under 11 U.S.C. § 1326(a)(1)(C).
Ruling: 
Debtors required to make monthly adequate protection payments to secured creditor to cover depreciation in motor vehicle.
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In re Karp

The former spouse of a bankruptcy debtor, and a parent of the spouse, filed proofs of claim in the debtor's bankruptcy, asserting that the debtor's failure to make payments required by a state court order in dissolution proceedings caused the spouse and the parent to incur expenses for which the debtor was liable. The trustee objected to the claims.
Ruling: 
Debtor's failure to make payments to former spouse under dissolution order did not give rise to claim by spouse's parent.
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In re Curry

Movant creditor sought an order confirming that an automatic stay issued in reference to the debtor's chapter 13 bankruptcy filing had in fact terminated with respect to the property securing the mortgage issued by the creditor such that the creditor could move forward with foreclosure on the debtor's residence.
Ruling: 
Stay terminated after 30 days in debtor's second bankrupty not only as to person or property of debtor but also as to property of the estate.
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Nuvell Credit Corp. v. Ross (In re Ross)

In this chapter 7 bankruptcy case, plaintiff creditor filed an adversary complaint objecting to debtor's discharge under 11 U.S.C. § 727(a)(2) and (a)(5) of a debt on a car loan.
Ruling: 
Motion for denial of discharge denied where evidence supported towing or theft of missing vehicle rather than concealment.
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In re Starling

Chapter 7 debtors filed a combined motion to convert their chapter 7 case to chapter 13 pursuant to 11 U.S.C. § 706(a) and vacate the discharge entered in the chapter 7 case. Trustee opposed the motion, and in the alternative moved that debtors' case be reconverted to chapter 7 should conversion from chapter 7 to chapter 13 be permitted.
Ruling: 
Chapter 7 discharge vacated and case converted to chapter 13 upon second, higher appraisal of debtor's home.
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In re Morales

Creditor filed an objection to the confirmation of chapter 13 debtor's plan.
Ruling: 
Surrender of vehicle subject to hanging paragraph did not result in full satisfaction of claim.
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Paloian v. Grupo Seria S.A. de C.V. (In re GGSI Liquidation Inc.)

Chapter 7 trustee filed a motion to amend the court's judgment to: (1) add a judgment in favor of trustee and against defendant corporation for violation of the automatic stay in collaboration with defendant bank, (2) increase the damages awarded against the bank assertedly based on its violation of its duties under U.C.C. § 9-207; and (3) increase the amount of punitive damages. Trustee also filed applications for attorneys'fees and expenses.
Ruling: 
Corporation that purchased note from bank with knowledge of debtor's bankruptcy collaborated in bank's stay violation.
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