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Stoiber v. Preboski (In re Stoiber)

Jul
25
2008
Ruling
Debtor collaterally estopped from claiming creditor violated stay based on prior judgment in favor of creditor's attorney.
Procedural posture

Defendant creditor filed a motion for summary judgment in plaintiff chapter 7 debtor's pro se action, which sought damages for violation of the automatic stay of 11 U.S.C.S. § 362 and for violation of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692.

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Consumer opinion summary, case decided on July 25, 2008 , LexisNexis #0908-110
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Stoiber v. Galpern (In re Stoiber)

Jun
18
2008
Ruling
Claim for violation of Fair Debt Collection Practices Act based solely on stay violation was superseded by the bankruptcy code and dismissed for lack of evidence.
Procedural posture

Plaintiff debtor reopened his bankruptcy case and filed an adversary proceeding seeking civil sanctions against defendant, his former wife's attorney for violation of the automatic stay and for damages under the Fair Debt Collection Practices Act (FDCPA). The attorney argued that the debtor had failed to give him notice of the bankruptcy filing, that when he received notice her ceased collection efforts, and filed a motion for summary judgment.

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Consumer opinion summary, case decided on June 18, 2008 , LexisNexis #0908-040
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Butler Imports Inc. v. Towe (In re Butler Imports)

Nov
21
2007
Ruling
Debt held nondischargeable in prior chapter 7 case was excepted from discharge in subsequent chapter 13 case.
Procedural posture

In a prior chapter 7 bankruptcy case, a judgment lien held by plaintiff creditor was found to be nondischargeable under 11 U.S.C. § 523(a)(2)(A). In the current chapter 13 case, the creditor filed an adversary proceeding seeking a declaratory judgment that the debtors were not entitled to collaterally attack the nondischargeable nature of the judgment lien.

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Commercial opinion summary, case decided on November 21, 2007 , LexisNexis #0108-089
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United States Trustee v. Taub (In re Nicholas)

Aug
01
2007
Ruling
Bankruptcy court had jurisdiction in debtor's case over violations by bankruptcy petition preparers in all other cases filed in the same year.
Procedural posture

Defendant bankruptcy petition preparer ("BPP") moved to dismiss claims filed by plaintiff, the United States Trustee, for monetary penalties for providing legal advice to debtors other than the debtor in whose the complaint was filed, for damages and penalties under 11 U.S.C. § 110(i), for injunctive relief, and for other relief in all other cases filed in the last year in which the BPP allegedly failed to comply with section 110.

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opinion summary, case decided on August 01, 2007 , LexisNexis #0907-072
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In re Bower

Jul
26
2007
Ruling
Approval of reaffirmation agreement denied as not in debtor's best interests.
Procedural posture

The debtor filed for relief under chapter 7. As part of the discharge hearing, the creditor and the debtor submitted a proposed reaffirmation agreement, for approval by the court, that would require the debtor to make $224 per month payments to the creditor for the payment of her vehicle.

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opinion summary, case decided on July 26, 2007 , LexisNexis #0807-114
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Wurst v. Cofer (In re Cofer)

May
02
2007
Ruling
Financial settlement of preference proceeding in bankruptcy of debtor's mother was dischargeable.
Procedural posture

Defendant debtor's mother filed for bankruptcy. Her bankruptcy estate included a certain vehicle. Plaintiff bankruptcy trustee alleged that the mother transferred the vehicle to debtor. The trustee sought to avoid the transfer and get a money judgment against debtor. A settlement was reached. Debtor did not pay the money required by the settlement. In debtor's chapter 7 case, the trustee sought to except the money judgment from discharge.

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opinion summary, case decided on May 02, 2007 , LexisNexis #0607-041
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Caldwell v. McMahans of Lancaster Inc. (In re Caldwell)

Dec
17
2006
Ruling
Creditor's failure to recall arrest warrant for debtor's non-appearance at examination was a willful stay violation.
Procedural posture

Plaintiff debtor was arrested pursuant to a warrant resulting from her failure to appear at a debtor's examination following the entry of a default small claims judgment against her in favor of defendant creditors. The debtor filed a complaint seeking damages from the creditors for a violation of the automatic stay under 11 U.S.C. § 362(k)(1).

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opinion summary, case decided on December 17, 2006 , LexisNexis #0207-018
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In re Burney

Sep
27
2006
Ruling
Cost of storing files in space leased by trustee was overhead in ordinary course of administration and not reimbursable.
Procedural posture

In several separate cases, a bankruptcy trustee's final accounts included a claim for reimbursement of expenses related to the storage and eventual disposition of the files in the debtors'cases. The U.S. Trustee objected to the final accounts to the extent of such claims.

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opinion summary, case decided on September 27, 2006 , LexisNexis #1206-012
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