Title

Jurisdiction

Decided date

Filing type

11 U.S.C.

Hollingsworth v. Kaler (In re Hollingsworth)

Oct

2005

Ruling

Creditor who filed proof of claim eight months late was entitled to payment since debtor did not timely object and sufficient funds remained to make payment.

Procedural posture

Pro se appellant bankruptcy debtor asserted that appellee trustee improperly paid the claims of a creditor which were not timely filed. The debtor appealed the order of the bankruptcy court that approved the trustee's final report which provided for payment of the late claims.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on October 03, 2005 , LexisNexis #0106-060

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11 U.S.C.

Martens v. Countrywide Home Loans (In re Martens)

Oct

2005

Ruling

Order granting relief from automatic stay was affirmed where the debtor admitted to making no mortgage payments for several months and to having no equity in the property.

Procedural posture

Husband and wife debtors filed for relief under chapter 7. The bankruptcy court granted appellant creditor's motion for relief from the automatic stay with respect to the debtors'real property. Appellant wife (debtor) filed a pro se appeal of that decision; the husband did not join the appeal.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on October 03, 2005 , LexisNexis #0106-076

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11 U.S.C.
- § 362
- § 362(h)

Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)

Sep

2005

Ruling

Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.

Procedural posture

Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.

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Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 26, 2005 , LexisNexis #0106-009

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11 U.S.C.

Jamrose v. DAmato (In re DAmato)

Sep

2005

Ruling

Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.

Procedural posture

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.

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Court :

District of Missouri ( ) [ Bankruptcy Court ]

opinion summary, case decided on September 21, 2005 , LexisNexis #0106-053

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11 U.S.C.
- § 727
- § 727(a)

James v. Tipler (In re Tipler)

Sep

2005

Ruling

Debtor was denied discharge based on failure to keep recorded information and false oath.

Procedural posture

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).

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Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 13, 2005 , LexisNexis #0406-135

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11 U.S.C.

Turner v. Cornelius (In re Cornelius)

Sep

2005

Ruling

Debtor was denied discharge where the debtor made two material false oaths.

Procedural posture

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).

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Court :

Northern District of Florida ( Judge Mahoney ) [ Bankruptcy Court ]

opinion summary, case decided on September 12, 2005 , LexisNexis #0106-028

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