Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Eastern District

Hernandez v. Beneficial Wash. Inc. (In re Hernandez)

Plaintiff debtor requested the entry of judgment on a claim that defendant creditor willfully violated 11 U.S.C. § 362(a) and ignored the discharge injunction in 11 U.S.C. § 524(a)(2).
Ruling: 
Damages awarded due to creditor's willful violation of stay.
ABI Membership is required to access the full summary of Hernandez v. Beneficial Wash. Inc. (In re Hernandez). 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 January 04,2008, LexisNexis #0208-093

In re Armstrong

After debtors filed an Official Bankr. Form B22C in their chapter 13 case reflecting a $471 expense deduction relating to a truck that they owned free and clear of liens, the trustee objected, contending that debtors were not entitled to the full amount of the "Local Standard" in the Internal Revenue Manual ("IRM") because debtors were not making payments on the truck. At issue was whether 11 U.S.C. § 707(b)(2)(A)(ii)(I) permitted that deduction.
Ruling: 
Above median debtors could claim deduction on Form B22C for truck owned free and clear of liens.
ABI Membership is required to access the full summary of In re Armstrong. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

U.S. Bank v. Franklin (In re Franklin)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, objecting to the discharge of a portion of credit card debt the debtors owed to the bank. The bank asserted that a portion of the debt was nondischargeable debt based on 11 U.S.C. § 523(a)(2) and (a)(6) and sought declaratory relief for breach of contract. The court conducted a trial.
Ruling: 
Credit card debt was nondischargeable due to actual fraud on part of debtors.
ABI Membership is required to access the full summary of U.S. Bank v. Franklin (In re Franklin). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hodges v. Armada (In re Hodges)

Plaintiffs, debtors, filed an adversary proceeding against defendant collection agency contending the agency's action violated the discharge injunction and provisions of the Fair Debt Collection Practices Act ("FDCPA"). The agency attempted to collect a debt for legal fees allegedly owed to the law firm that represented the debtors in their chapter 7 bankruptcy case.
Ruling: 
Collection agency violated discharge injunction by attempting to collect a debt that was discharged.
ABI Membership is required to access the full summary of Hodges v. Armada (In re Hodges). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District