Judge Miller

Silverstein v. Wachovia Mortg. Corp.

Plaintiffs, a Chapter 11 debtor and his spouse, sued defendant mortgage lender in California state court. Following removal, plaintiffs filed an amended complaint alleging violations of California Civ. Code § 1788 et seq. and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), invasion of privacy, tort in se, and libel. The lender moved to dismiss or for a more definite statement.
Ruling: 
Debtor had standing to assert fair debt collection practices claim that was sufficiently set forth in schedules.
ABI Membership is required to access the full summary of Silverstein v. Wachovia Mortg. Corp.. 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 07,2011, LexisNexis #0811-048

Lavie v. Ran

Appellant, the temporary receiver of appellee involuntary debtor in an Israeli bankruptcy proceeding, challenged a decision of the Bankruptcy Court for the Southern District of Texas, which denied recognition of the Israeli bankruptcy proceeding as either a foreign main or foreign nonmain proceeding under 11 U.S.C.S. § 1517(a)(1).
Ruling: 
Bankruptcy court properly denied reorganization of foreign proceeding absent evidence that debtor maintained a foreign office.
ABI Membership is required to access the full summary of Lavie v. Ran. 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 30,2009, LexisNexis #0509-022

T.D. Farrell Constr. Inc. v. Schreiber

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor's misapplication of construction funds warranted nondischargeability of a debt to the creditor under 11 U.S.C.S. § 523(a)(4), (6). The creditor appealed the orders of the U.S. Bankruptcy Court for the Southern District of Texas which granted the debtor's motion for summary judgment and denied the creditor's cross-motion.
Ruling: 
Determination of nondischargeability reversed due to misapplication of collateral estoppel based on case in which debtor was not a party and factual questions regarding debtor's fiduciary status.
ABI Membership is required to access the full summary of T.D. Farrell Constr. Inc. v. Schreiber. 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 03,2008, LexisNexis #1108-119

Lavie v. Ran

Appellant bankruptcy trustee of an Israeli bankruptcy sought judicial review of the bankruptcy court's determination that a debtor's Israeli bankruptcy proceeding was neither a foreign main nor a foreign nonmain proceeding, thereby denying chapter 15 of the Bankruptcy Code recognition of the proceeding.
Ruling: 
Bankruptcy court erred in failing to review facts rebutting presumption of debtor's center of main interest in denying chapter 15 recognition.
ABI Membership is required to access the full summary of Lavie v. Ran. 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 06,2008, LexisNexis #0308022

eCast Settlement Corp. v. Tran (In re Tran)

In a chapter 13 bankruptcy case, appellant unsecured creditor appealed an order from the bankruptcy court disallowing its claims against appellee debtor. The creditor's claims were based on assignments of credit card accounts from three banks.
Ruling: 
Bankruptcy court properly disallowed improperly filed or supported proof of claim.
ABI Membership is required to access the full summary of eCast Settlement Corp. v. Tran (In re Tran). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hoxie v. Educational Credit Mgmt. Corp.

Appellant debtor, acting pro se, sought review of the bankruptcy court's decision dismissing his "civil contempt" complaint against appellee creditors arising out of appellees'collection efforts on appellant's student loans.
Ruling: 
Student loan debt was not discharged and could be collected where debtor never commenced dischargeability proceeding.
ABI Membership is required to access the full summary of Hoxie v. Educational Credit Mgmt. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to Judge Miller