Moran v. U.S. Bank (In re Moran)
Jan
27
2014
Ruling
Debtor in possession and spouse could challenge validity of lender's mortgage, even if otherwise time barred, as defense to lender's proof of claim.
Issue(s)
Was challenge to validity of creditor's lien by debtor in possession and spouse time barred.
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Court
:
- 11 U.S.C.
Hawaii v. Parsons (In re Parsons)
Jan
21
2014
Ruling
State agency's claim for consumer protection violation under §523(a)(7) was not subject to any time limit on filing and was nondischargeable.
Issue(s)
Is there a deadline for filing an adversary proceeding for nondischargeability under § 523(a)(7) and was state's claim based on violations of consumer protection nondischargeable under that section.
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Court
:
- 28 U.S.C.
1250 Oceanside Partners v. Shaw (In re 1250 Oceanside Partners)
Dec
19
2013
Ruling
Foreclosure that would reduce debt was related to debtor's bankruptcy but deficiency claim should be determined in arbitration.
Issue(s)
Did bankruptcy court have jurisdiction over foreclosure by creditor and claim for deficiency judgment.
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Court
:
- FRBP
Field v. Kepoikai (In re Maui Ind. Loan & Fin. Co.)
Dec
18
2013
Ruling
Settlement of adversary proceeding regarding diversion of funds from trust approved.
Issue(s)
Should settlement of adversary proceeding concerning diversion of funds from trust be approved as fair and equitable.
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Court
:
- 11 U.S.C.
Field v. Parker (In re Mortgage Store)
Oct
17
2013
Ruling
Transfer for no value avoided as fraudulent.
Issue(s)
Was transfer for no value while debtor was insolvent in connection with Ponzi scheme avoidable as fraudulent.
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Court
:
- 28 U.S.C.
1250 Oceanside Partners v. Maryl Group Inc. (In re 1250 Oceanside Partners)
Oct
01
2013
Ruling
Debtor's foreclosure action was related to bankruptcy.
Issue(s)
Did bankruptcy court have jurisdiction to enforce promissory note and foreclose mortgage in favor of debtor.
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Court
:
- FRBP
In re Noticing Procedures of Cain & Herren
Aug
01
2013
Ruling
Extension of time to appeal order for disgorgement of fees granted due to excusable neglect.
Issue(s)
Was law firm's failure in multiple cases to give proper notices to creditors grounds for disgorgement of fees and remedial action.
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Court
:
In re Mullivai
Jul
30
2013
Ruling
Relief from stay to conclude eviction action granted due to bad faith filing concerning a two party dispute.
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Court
:
Field v. Henshaw (In re Henshaw)
Jul
10
2013
Ruling
Trustee could sell estate's one half interest in property together with co-owner's interest.
Procedural posture
Chapter 7 trustee filed a complaint against co-owners (the parents of one of the debtors) seeking authority to sell the estate's one-half interest in certain property, together with the co-owners' interests, pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Rosa
Jul
08
2013
Ruling
Plan vesting property in first mortgagee could be confirmed where mortgagee received proper notice and did not object.
Procedural posture
Debtor's chapter 13 plan provided that title to certain real property would be vested in the first mortgagee pursuant to 11 U.S.C.S. § 1322(b)(9). The standing trustee objected.
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Court
: