Southern District

Stalker v. Pierce (In re Pierce)

Judgment creditor filed a complaint against chapter 7 debtor seeking a determination that a state court judgment was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and /or (a)(6). That judgment determined that the debtor, who was the creditor's court appointed guardian, breached her fiduciary duties to the creditor and violated his due process rights. The creditor moved for summary judgment.
Ruling: 
State court judgment based on order by debtor, creditor's guardian and board of health member, for demolition of creditor's house was nondischargeable.
ABI Membership is required to access the full summary of Stalker v. Pierce (In re Pierce). 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 30,2013, LexisNexis #0613-050

In re Porter

Debtor filed a motion to avoid the judicial lien of creditor, which had purchased, pre-petition, debtor's structured schedule of future payments from an auto accident settlement, and the creditor's objection to that motion.
Ruling: 
Judicial lien of creditor who purchased, prepetition, future payments for auto accident settlement, could not be avoided.
ABI Membership is required to access the full summary of In re Porter. 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 19,2013, LexisNexis #0513-055

In re Johnston

A settlement agreement between a bankruptcy debtor and the debtor's former spouse apportioned the expenses of maintaining a condominium between the debtor and the spouse pending a sale of the condominium. The spouse applied for reimbursement of condominium expenses as administrative expenses entitled to priority under 11 U.S.C.S. § 503.
Ruling: 
Debtor's former spouse's application for reimbursement of condominium expenses as administrative expense claim denied.
ABI Membership is required to access the full summary of In re Johnston. 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 March 29,2013, LexisNexis #0513-116

In re Johnston

This matter came before the court upon debtor's objection to a proof of claim filed by a claimant, his former wife.
Ruling: 
Amounts due under settlement agreement were not domestic support obligations and not entitled to priority.
ABI Membership is required to access the full summary of In re Johnston. 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 March 29,2013, LexisNexis #0513-042

In re Buster

Debtors declared chapter 13 bankruptcy and sought an order allowing them to "strip off" a second mortgage and a third mortgage which two banks held on their residence. The court allowed the debtors to strip off the second mortgage; however, a bank that held both the first mortgage and the third mortgage on the debtors' residence filed an objection to the debtors' motion. The court held a hearing on the debtors' motion and the bank's objection.
Ruling: 
Third mortgage could not be stripped off as value of residence exceeded debt after second mortgage was stripped off.
ABI Membership is required to access the full summary of In re Buster. 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 March 26,2013, LexisNexis #0413-096

In re Kaufman

This matter came before the court upon the objection filed by the chapter 7 trustee to debtor's claimed exemption in the cash value of two life insurance policies in which debtor's deceased wife was beneficiary. The court took ruling on the matter under advisement and the parties filed post hearing briefs.
Ruling: 
Debtor ordered to amend Schedule C to remove inapplicable state life insurance exemption.
ABI Membership is required to access the full summary of In re Kaufman. 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 February 07,2013, LexisNexis #0313-043

In re Cruse

A chapter 13 debtor objected to a creditor's claim, and the creditor objected to the confirmation of the debtor's plan.
Ruling: 
Claim found not to be secured on debtor's objection due to lack of supporting documentation.
ABI Membership is required to access the full summary of In re Cruse. 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 28,2013, LexisNexis #0213-102

Leonard v. Halifax Fin. Group LP (In re Leonard)

Debtors sought summary judgment on their adversary complaint contending that defendant, the tax sale purchaser of property in which one of the debtors had an interest, should be enjoined from taking title at the end of the state law redemption period and that debtors should be permitted to redeem the property by paying the redemption amount through a plan pursuant to 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Debtor entitled to redeem property sold at tax sale through chapter 13 plan.
ABI Membership is required to access the full summary of Leonard v. Halifax Fin. Group LP (In re Leonard). 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 03,2013, LexisNexis #0113-129

In re Page

This matter came before the court on United States Department of Education's Motion for Summary Judgment against debtor on her complaint against the department under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Consolidation loan was new postpetition debt that was not subject to discharge.
ABI Membership is required to access the full summary of In re Page. 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 29,2012, LexisNexis #1212-137

In re Platt

A below-median-income debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of the debtor's amended plan, claiming that it could not be confirmed because it was a "fee only" plan. The court held a hearing on the trustee's objection.
Ruling: 
Confirmation of "fee only" plan denied unless amended plan could provide greater distribution to creditors.
ABI Membership is required to access the full summary of In re Platt. 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 19,2012, LexisNexis #1212-066

Pages

Subscribe to Southern District