In re Brian Wise Trucking Inc.
Feb
27
2008
Ruling
Relief from stay not necessary after additional adequate protection payments were ordered.
Procedural posture
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.
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Court
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Thompson v. CitiMortgage Inc. (In re Thompson)
Feb
22
2008
Ruling
Debtor could seek damages for emotional distress due to creditor's stay violation.
Procedural posture
Defendant creditors filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff debtor's complaint for damages for emotional distress, pursuant to 11 U.S.C.S. § 362(h), based on a violation of the automatic stay and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605.
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Court
:
- 11 U.S.C.
Conn-Selmer Inc. v. Bamber
Feb
07
2008
Ruling
Postpetition contract entered into outside ordinary course of debtor's business without bankruptcy court approval was unenforceable.
Procedural posture
Plaintiff creditor and third-party defendant, a subsidiary of the creditor, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the counterclaim and third-party claim of defendants, the owner of a debtor company, for tortious interference with a pending contract between the debtor and a non-party company, which had agreed to take over the debtor's lease.
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Court
:
- 11 U.S.C.
In re Sexton
Jan
11
2008
Ruling
Motions to avoid liens as impairing exemptions denied absent information regarding amount of exemptions claimed.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Orzel
Jan
04
2008
Ruling
Divorce related debt owed directly to debtor spouse's attorney was not entitled to priority.
Procedural posture
The creditor, the attorney who had represented the debtor spouse in their recent divorce proceeding, filed a claim in the amount of $ 1,734.99, and the proof of claim stated that it was entitled to priority as a claim for alimony, maintenance or support owed to a spouse, former spouse, or child pursuant to 11 U.S.C.S. § 507(a)(7) as written prior to October 17, 2005. The debtors objected to the priority status of the claim.
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Court
:
- 11 U.S.C.
Reed v. Aid Assocs. Inc.
Dec
07
2007
Ruling
Contract under which sole remaining performance required was payment was not executory and did not need to be assumed or rejected.
Procedural posture
Plaintiff debtors sued defendants, a retail installment contract assignee and a debt collector, alleging that the assignee defamed them and that the collector violated the Federal Debt Collection Practices Act ("FDCPA") when attempting to collect the amount owed on the contract. The assignee filed a motion seeking to stay the proceedings and to compel arbitration with regard to the state law defamation claim asserted against it by the debtors.
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Court
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In re Baker
Dec
04
2007
Ruling
Stay lifted postdischarge as to abandoned property.
Procedural posture
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.
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Court
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Warsco v. Drew (In re Drew)
Nov
29
2007
Ruling
Debtor's interest in trust which debtor was entitled to receive on petition date was subject to turnover.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Revere v. Nelnet (In re Revere)
Oct
22
2007
Ruling
Court refused to grant undue hardship discharge of student loan debt where debtor failed to show hopelessness of repayment.
Procedural posture
Plaintiff debtor filed an adversary proceeding to determine the dischargeability of a student loan pursuant to 11 U.S.C.S. § 523(a)(8) owed to defendant creditor.
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Court
:
In re Hubbard
Oct
12
2007
Ruling
Debtors could not deduct expenses for motor vehicles owned free and clear.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors' proposed plan, arguing that the plan did not fulfill the disposable income test of 11 U.S.C.S. § 1325(b), based on the debtors' scheduling on Official Bankr. Form B22C, of ownership expense deductions for two motor vehicles which did not secure any claim, and which were owned free and clear of any liens by the debtors.
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Court
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