Weems v. Cavaluzzi (In re Cavaluzzi)

Mar

2007

Ruling

Attorneys'fees incurred by debtor's former spouse in defending child support order were nondischargeable.

Procedural posture

Plaintiff creditor, the attorney who represented defendant debtor's former spouse in the couple's divorce proceedings, filed an adversary proceeding seeking a determination that the debts owed her were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (a)(15).

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Court :

Eastern District of Missouri ( Judge Surratt-States ) [ Bankruptcy Court ]

opinion summary, case decided on March 19, 2007 , LexisNexis #0507-058

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11 U.S.C.
- § 722

In re Lloyd

Feb

2006

Ruling

Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.

Procedural posture

The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.

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Court :

Eastern District of Missouri ( Judge Surratt-States ) [ Bankruptcy Court ]

opinion summary, case decided on February 17, 2006 , LexisNexis #0506-135

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11 U.S.C.
- § 544
- § 544(a)

Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)

Oct

2005

Ruling

Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.

Procedural posture

Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.

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Court :

Eastern District of Missouri ( Judge Surratt-States ) [ Bankruptcy Court ]

opinion summary, case decided on October 13, 2005 , LexisNexis #0106-017

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