Judge Grant

In re Alejandro

The debtors moved for confirmation of their proposed chapter 13 plan. A creditor and the chapter 13 Trustee filed objections. The order scheduling trial required all parties to jointly file appropriate stipulations of fact, witness, and exhibit lists no later than seven days prior to the scheduled trial. The debtor, the Trustee, and the creditor all failed to file the required joint submissions by the deadline.
Ruling: 
Confirmation denied where debtors, trustee and objecting creditor all failed to comply with scheduling order.
ABI Membership is required to access the full summary of In re Alejandro. 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 06,2008, LexisNexis #0308-092

In re Tallman

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The petition was filed after a creditor had initiated proceedings to confirm a $510,000 arbitration award received from the National Association of Securities Dealers. The creditor filed a motion to dismiss the bankruptcy petition for cause, pursuant to 11 U.S.C.S. § 707(a), and the debtor had objected to the bankruptcy petition.
Ruling: 
Petition filed in response to large arbitration award was not filed in bad faith.
ABI Membership is required to access the full summary of In re Tallman. 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 12,2008, LexisNexis #0409-009

In re Murdock

A bankruptcy debtor moved pursuant to 11 U.S.C.S. § 522(f)(1) to avoid judicial liens, alleging that the liens impaired the debtor's exemption in real estate. The lienholders did not object to the motion.
Ruling: 
Unopposed motion to avoid liens impairing exemption denied where the exemption had not been claimed by debtor.
ABI Membership is required to access the full summary of In re Murdock. 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 July 08,2008, LexisNexis #0808-113

In re Lommatzsch

A bankruptcy debtor moved to avoid judicial liens pursuant to 11 U.S.C.S. § 522(f)(1), alleging that the liens impaired the debtor's exemption in residential real estate. The lienholders did not object to the motion.
Ruling: 
Unopposed motion to avoid liens allegedly impairing exemptions denied due to insufficient supporting information.
ABI Membership is required to access the full summary of In re Lommatzsch. 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 July 08,2008, LexisNexis #0808-114

In re Wilson

The court considered sua sponte whether debtor's chapter 13 case was properly dismissed. At issue was whether debtor, who had filed a chapter 13 (Case 1) that had been converted to a chapter 7 and in which a discharge had been granted but which was still pending for purposes of asset administration, was entitled to file a new chapter 13 (Case 2) despite the rule articulated by the U.S. Court of Appeals for the Seventh Circuit in In re Sidebottom.
Ruling: 
Debtor's chapter 13 case properly dismissed where earlier converted chapter 7 case was still pending for asset administration purposes.
ABI Membership is required to access the full summary of In re Wilson. 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 17,2008, LexisNexis #0908-071

In re Harrison

A debtor filed for bankruptcy relief and a county treasurer filed an unsecured claim on behalf of the county for unpaid personal property taxes in the amount of $663. A trustee objected to the claim.
Ruling: 
Unsecured claim by county treasurer for unpaid personal property tax allowed over trustee's objection.
ABI Membership is required to access the full summary of In re Harrison. 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 April 07,2008, LexisNexis #0608-075

In re Brian Wise Trucking Inc.

A debtor filed for relief under chapter 11. A creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). After a trial , the court ordered payments of $682 per month and found that the collateral was necessary to the reorganization. The parties were asked to submit briefs on issues that were pending after trial.
Ruling: 
Relief from stay not necessary after additional adequate protection payments were ordered.
ABI Membership is required to access the full summary of In re Brian Wise Trucking Inc.. 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 February 27,2008, LexisNexis #0508-109

In re Sexton

Movant debtors filed motions to avoid judicial liens held by a trust company, a finance company, and an LLC, pursuant to 11 U.S.C.S. § 522(f)(1).
Ruling: 
Motions to avoid liens as impairing exemptions denied absent information regarding amount of exemptions claimed.
ABI Membership is required to access the full summary of In re Sexton. 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 11,2008, LexisNexis #0308-079

In re Baker

A creditor filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) in a chapter 7 bankruptcy case and for the abandonment of its collateral from the bankruptcy estate. A debtor objected to the motion.
Ruling: 
Stay lifted postdischarge as to abandoned property.
ABI Membership is required to access the full summary of In re Baker. 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 04,2007, LexisNexis #0308-077

Warsco v. Drew (In re Drew)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the trustees of a trust, including the bankruptcy debtor, seeking turnover under 11 U.S.C.S. § 542(a) of the debtor's interest in the trust as a trust beneficiary. The trustee moved for summary judgment, and the trustees did not respond to the motion.
Ruling: 
Debtor's interest in trust which debtor was entitled to receive on petition date was subject to turnover.
ABI Membership is required to access the full summary of Warsco v. Drew (In re Drew). 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 29,2007, LexisNexis #0308-133

Pages

Subscribe to Judge Grant