- 11 U.S.C.
Blocker v. Nomura Home Equity Home Loan Inc.
Sep
27
2010
Ruling
Alleged conspiracy did not invalidate foreclosure sale conducted pursuant to order for relief from stay.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a home loan company, a bank, and others, claiming that defendants violated the federal civil RICO statute, Oregon law, and 11 U.S.C.S. § 362 by conspiring wrongfully and fraudulently to foreclose his interest in real property. Defendants filed a motion for summary judgment.
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Court
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In re Stubblefield
Jun
21
2010
Ruling
Chapter 7 case dismissed for abuse due to debtor's ability to fund chapter 13 plan and use of bonus for elective weight loss surgery.
Procedural posture
Based on the financial circumstances of debtor, who had filed a chapter 7 case after considering and rejecting the filing of a chapter 13 case, the U.S. Trustee (UST) moved to dismiss debtor's chapter 7 pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(3) on claims that it was an abuse of the bankruptcy system. Debtor opposed the motion.
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Court
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- 11 U.S.C.
Hopkins v. Cerchione (In re Cerchione)
Sep
08
2009
Ruling
Bankruptcy court properly allowed state homestead exemption for debtors who sold house but used proceeds to fund purchase of land and construction of new home.
Procedural posture
Appellee debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed a homestead exemption under Idaho Code Ann. § 55-1008(1) in a house that was under construction. Appellant chapter 7 trustee filed an objection to the debtors' claim, but the United States Bankruptcy Court for the District of Idaho overruled the objection and allowed the exemption. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Orchards Vill. Invs. LLC
Apr
30
2009
Ruling
Receiver not required to turn over assets and business operations of senior living community where debtor filed its chapter 11 case to preclude receiver's sale.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. A receiver filed a motion to dismiss the bankruptcy case, under 11 U.S.C.S. §§ 305 or 1112(b), or in the alternative to excuse compliance with 11 U.S.C.S. § 543. A bank joined in the motion. The debtor filed a motion for interim authority to use cash collateral, which the receiver and the bank opposed. The debtor and three investors opposed the motion to dismiss.
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Court
:
- 11 U.S.C.
In re Gross
Apr
29
2009
Ruling
Debtor's former spouse's motion for relief from stay denied where secured claim was adequately protected.
Procedural posture
Chapter 13 debtor's former spouse filed a secured claim for real property identified in a property division judgment and an unsecured priority claim and domestic support obligation in the form of attorney fees awarded in the dissolution proceeding. The debtor objected to the claims. The spouse moved for relief from the stay to pursue collection of the state court property division. The court held a hearing.
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Court
:
- 11 U.S.C.
FDIC v. Kipperman (In re Commercial Money Ctr. Inc.)
Aug
04
2008
Ruling
Bank's purchase of interest in lease pools avoided as not timely perfected.
Procedural posture
Appellee chapter 7 trustee filed an adversary proceeding against a bank, seeking a judgment avoiding the bank's security interest in rights to future payments due under various leases, and in contract rights under surety bonds. The U.S. Bankruptcy Court for the Southern District of California granted summary judgment in favor of the trustee, and appellant Federal Deposit Insurance Corporation, as receiver for the bank, appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Ryan v. United States (In re Ryan)
Jun
03
2008
Ruling
Bankruptcy court erred in holding that costs of prosecution was a "criminal fine" that was excepted from discharge.
Procedural posture
The Bankruptcy Court for the District of Idaho held that costs of prosecution were "criminal fines" under former 11 U.S.C.S. § 1328(a)(3) (pri and to its amendment by the Bankruptcy Abuse Prevention thus were excepted from discharge. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Skinner
Mar
27
2008
Ruling
Debtor who was not party to lease was not entitled to impose stay against landlord in eviction action.
Procedural posture
A debtor filed an emergency motion to stay an eviction proceeding filed by a creditor landlord. The debtor claimed that the eviction proceeding violated the automatic stay. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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- 11 U.S.C.
Ransom v. MBNA Am. Bank (In re Ransom)
Dec
27
2007
Ruling
Bankruptcy court properly held that above-median debtor could not claim vehicle ownership expense for vehicle owned free and clear.
Procedural posture
A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to confirmation of the debtor's plan, claiming that the debtor was not devoting all his projected disposable income to fund the plan, pursuant to 11 U.S.C. § 1325(b)(1)(B). The United States Bankruptcy Court for the District of Nevada denied confirmation, and the debtor appealed.
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Court
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Judge or Jurisdiction information not available
In re Johnson
Dec
19
2007
Ruling
Auto loan could not be modified under hanging paragraph except for portion representing negative equity.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. A creditor that held a claim secured by the debtors'automobile objected to the proposed plan. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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