Eastern District

Windows Off Wash. LLC v. Callahan (In re Callahan)

A creditor in a Chapter 13 bankruptcy case sought a determination that its debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A) and that it was entitled to interest and attorneys fees under the terms of the contract with the debtors.
Ruling: 
Wedding catering fees paid with check on which debtor later stopped payment were nondischargeable.
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Consumer case opionion summary, case decided on October 03,2011, LexisNexis #1111-013

Housing Auth. of St. Louis County v. White (In re White)

Plaintiff, a county housing authority, sought a determination that a debt owed by defendant, a Chapter 7 debtor, for excess rental assistance was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(B). The housing authority filed a motion for summary judgment.
Ruling: 
Debt owed for excess rental assistance was excepted from discharge.
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Consumer case opionion summary, case decided on October 03,2011, LexisNexis #1111-014

In re Underwood

Movant, the United States trustee, filed a motion for entry of an order authorizing the examination of, and requiring the production of documents by secured creditor, the assignee of chapter 13 debtor's mortgage, pursuant to Fed. R. Bankr. P. 2004 and 9016. The creditor objected to the motion.
Ruling: 
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-070

Dewoskin v. Imaging Advantage LLC (In re Visionary Imaging LLC)

The matter before the court was the Chapter 7 Trustee's Complaint to Avoid and Recover Transfers. The Trustee moved for summary judgment. Defendant transferee cross-moved for summary judgment.
Ruling: 
Transfer of receivables that transferee had placed in control of debtor could be avoided.
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Commercial case opionion summary, case decided on May 09,2011, LexisNexis #0611-057

ContinentalAFA Liquidation Trust v. Human Res. Staffing (In re ContinentalAFA Dispensing Co.)

Plaintiff liquidating trust brought an adversary proceeding against defendant, a temporary staffing agency, to avoid and recover preferential transfers in the amount of $103,856 (collectively "Transfers"). The Transfers consisted of payments made by debtors to the agency in the 90-day period proceeding debtors' bankruptcy filing ("Preference Period"). The trust moved for summary judgment. The agency cross-moved for summary judgment.
Ruling: 
Payments to temporary staffing agency in ordinary course of business were not avoidable.
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Commercial case opionion summary, case decided on May 09,2011, LexisNexis #0611-058

Cruse v. Brokaw (In re Brokaw)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking to enjoin the debtor from pursuing a personal injury lawsuit which the debtor failed to disclose in her schedule of assets.
Ruling: 
Undisclosed personal injury lawsuit was property of the estate and could not be pursued by debtor.
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Consumer case opionion summary, case decided on April 11,2011, LexisNexis #0511-065

Mobley v. Sallie Mae Student Loans (In re Mobley)

Debtor file a motion to discharge her student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). Debtor's motion was treated as an adversary complaint. Defendants were student loan creditors.
Ruling: 
Economic hardship alone was not sufficient basis for discharge of student loan debt.
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Consumer case opionion summary, case decided on November 02,2010, LexisNexis #1210-018

In re Spector

A Chapter 7 trustee objected to a debtor's claim of an exemption. The debtor argued that her interest in a deferred payment gift annuity agreement was excluded from her bankruptcy estate under 11 U.S.C.S. § 541(c)(2). The trustee objected to the exemption.
Ruling: 
Valid spendthrift trust was excluded from debtor's estate.
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Consumer case opionion summary, case decided on October 26,2010, LexisNexis #1110-126

Brenneke v. Fifth Third Bank (In re Brenneke)

Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that a secured claim a bank filed against their bankruptcy estate could be treated as an unsecured claim under 11 U.S.C.S. § 506(a) because it was wholly unsecured. The case was tried to the court.
Ruling: 
Second mortgage on debtor's residence could not be treated as unsecured where property was valued at more than amount of first mortgage.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #1110-084

Goins v. Department of Treasury Internal Serv. (In re Goins)

The matter before the court was Count II of plaintiff debtor's Complaint to Determine Nature, Validity, Priority and Dischargeability of Debt, and defendant United States' (Department of the Treasury Internal Revenue Service's) Motion to Dismiss and Abstain.
Ruling: 
Trust fund recovery penalty taxes were nondischargeable.
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Consumer case opionion summary, case decided on October 04,2010, LexisNexis #1110-015

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