Apr
29
2013
In re Juarbe
Before the court was debtor's motion to postpone case closure until determination of secured status of creditor. A hearing was held with respect to the Motion.
Ruling:
Debtor could not modify plan to strip off or cram down second and third mortgages.
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Consumer case opionion summary, case decided on April 29,2013, LexisNexis #0613-029
Mar
28
2013
In re Shepherd
The personal representative of debtor's estate filed a motion asking to be substituted for debtor in this proceeding and, assuming that was accomplished, use that new status to seek modification of the confirmed plan. The matter was before the court to consider those issues, following a hearing and the submission of briefs. There were no objections to either motion from any creditor or other party in interest.
Ruling:
Personal representative of decedent debtor's estate could not be substituted for debtor to continue case.
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Consumer case opionion summary, case decided on March 28,2013, LexisNexis #0513-098
Mar
27
2013
In re Brett
A servicer of a mortgage on bankruptcy debtors' residence filed a proof of claim which included a secured claim and a claim to cure the debtors' pre-petition arrearage. The bankruptcy trustee objected to the proof of claim to the extent that the arrearage amount was allegedly overstated.
Ruling:
Mortgage servicer's claim for escrow deficiency limited to amount actually paid on behalf of debtor.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0513-114
Jan
31
2013
Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)
Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
Ruling:
Use of adversary proceeding for finding of violation of discharge injunction was improper.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-093
Dec
20
2012
In re Baca
A chapter 13 trustee filed a notice of final cure payment under Fed. R. Bankr. P. 3002.1(f). The creditor responded, indicating that postpetition amounts remained due. The parties stipulated that the creditor's proof of claim was secured by the debtors' principal residence. The debtors orally moved that the creditor be estopped from later claiming any postpetition arrearages under the mortgage in excess of the amount specified in its response.
Ruling:
Creditor estopped from claiming prepetition amounts beyond those in its response to chapter 13 trustee's notice of final cure payment.
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Consumer case opionion summary, case decided on December 20,2012, LexisNexis #0113-063
Dec
12
2012
In re Lengacher
A bank moved for an order granting relief from the automatic stay in 11 U.S.C.S. § 362 in debtors' chapter 11 case on claims that relief was proper so that plaintiff could proceed in State Court Suit 1, filed against LLC 1, which debtors owned; could proceed against other defendants in State Court Suit 2, to which debtors, LLC 1 and LLC 2 were parties; and could pursue discovery against all parties including debtors.
Ruling:
Relief from stay denied where creditor could pursue claims against legal entities that were separate from debtor.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0313-081
Oct
31
2012
In re Hight-Goodspeed
This matter was before the court with regard to confirmation of debtor's proposed chapter 13 plan. The trustee objected to confirmation claiming that the plan did not satisfy the requirements of 11 U.S.C.S. § 1325(b)(1). The issues raised by that objection were submitted for a decision on stipulations of fact and the briefs of counsel.
Ruling:
Confirmation denied due to failure to devote all disposable income to plan or pay unsecured claims in full with interest.
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Consumer case opionion summary, case decided on October 31,2012, LexisNexis #0413-066
Oct
19
2012
In re Johnson
A bankruptcy debtor calculated projected disposable income for distribution to creditors under the debtor's plan based on a household size of two which included the debtor's adult son. The bankruptcy trustee objected to confirmation of the debtor's plan.
Ruling:
Objection to confirmation denied as son who was totally financially dependent upon debtor was properly included in household.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1212-068
Sep
28
2012
In re Vancleef
Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
Ruling:
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1112-084
Sep
28
2012
Dubois v. IMBR Crane (In re Scott Fabricating Inc.)
Chapter 7 Trustee brought an adversary proceeding pursuant to 11 U.S.C.S. § 547(b), seeking to recover for the benefit of the estate an alleged preferential transfer received by a sub- subcontractor (hereafter, "defendant"). The matter was before the court for judgment.
Ruling:
Payment by debtor's general contractor to provider of crane was not a preferential transfer.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1112-094
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