Judge Taylor

In re Johnson

Mortgage creditor filed an objection to chapter 13 debtors' proposed plan, which sought to classify the creditor's claim as unsecured, on the theory that the parties had entered into a contract for deed rather than a secured mortgage. The creditor asserted that debtors had failed to pay taxes on the real property for a number of years.
Ruling: 
Confirmation denied due to mischaracterization and deficiencies.
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Consumer case opionion summary, case decided on October 10,2012, LexisNexis #1112-031

United States Trustee v. Tran (In re Tran)

United States Trustee sought to bar defendant debtor's discharge under 11 U.S.C.S. § 727(a)(3) and (5).
Ruling: 
Discharge denied due to debtor's failure to keep records or explain disappearance of significant assets.
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Consumer case opionion summary, case decided on January 24,2012, LexisNexis #0312-025

In re Bacon

Approximately five months after confirmation of her plan of reorganization, a debtor sought to modify the plan pursuant to 11 U.S.C.S. § 1329. The bankruptcy trustee filed an objection.
Ruling: 
Debtor could not modify plan to accommodate new monthly car payments and increased insurance on Cadillac.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-102

In re White

Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
Ruling: 
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
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Consumer case opionion summary, case decided on April 29,2011, LexisNexis #0511-114

In re Penta Water Co.

The debtor and debtor in possession, and the official committee of unsecured creditors jointly filed a chapter 11 plan of reorganization, which came on for hearing under Fed. R. Bankr. P. 3020(b)(2).
Ruling: 
Plan including establishment of administrative reserve confirmed..
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Commercial case opionion summary, case decided on August 30,2010, LexisNexis #0111-067

Helena Chemical Co. v. Richmond (In re Richmond)

Creditor brought an adversary proceeding against bankruptcy debtor seeking determinations that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523 and that the debtor should be denied a discharge under 11 U.S.C.S. § 727 based on the debtor's false pretenses, misrepresentations, and willful and malicious injury.
Ruling: 
Discharge denied due to debtor's misrepresentations, false oaths and concealment of assets.
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Consumer case opionion summary, case decided on June 08,2010, LexisNexis #0810-059

Sneed v. Hartsfield (In re Hartsfield)

Plaintiff, a successor trustee and the personal representative of a decedent's estate, filed an adversary proceeding against chapter 11 debtor, objecting to exemptions the debtor claimed and seeking a determination that the debtor owed two debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4) because he committed fraud or defalcation while acting in a fiduciary capacity. The case was tried to the court.
Ruling: 
State court judgment of fiduciary defalcation was nondischargeable.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-052

In re Booth

A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
Ruling: 
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0209-089

Iberg v. Prewett (In re Iberg)

Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), and a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtors' failure to schedule a truck was not gounds for denial of discharge.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #0109-022

In re Sutter

The bankruptcy court sustained an objection, filed by appellee trustee, mortgage purchaser, and mortgage assignee, to appellant chapter 13 debtors'request for a homestead exemption under 11 U.S.C.S. § 522(g). The court also granted the trustee's motion to sell a mortgage interest to the mortgage purchaser. The debtors challenged both orders.
Ruling: 
Denial of homestead exemption reversed and remanded for determination of whether equitable mortgage existed in absence of signed mortgage deed.
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Consumer case opionion summary, case decided on September 23,2008, LexisNexis #1008-077

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