In re Jacobson
Mar
06
2009
Ruling
Servicing agent for note holder lacked standing to seek relief from stay to enforce deed of trust.
Procedural posture
Movant, a servicing agent for the holder of the note, sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to enforce a deed of trust on the debtors' residence. The issues were whether a "servicing agent" was the real party in interest in whose name a relief from stay motion could be brought and whether the servicing agent had standing to seek relief from stay to enforce the debtors' deed of trust.
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Court
:
- 11 U.S.C.
In re Dunn
Jan
09
2009
Ruling
Plan proposing sale of property as cure for prepetition mortgage default did not impermissibly modify lender's rights.
Procedural posture
Debtors filed a motion to confirm their chapter 13 plan, and a creditor bank objected to plan confirmation on the ground that the proposed plan impermissibly modified its rights in violation of 11 U.S.C.S. § 1322(b)(2). The bank also filed a motion for adequate protection payments pending confirmation.
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Court
:
- 11 U.S.C.
In re Smith
Nov
14
2008
Ruling
Deductions for expenses relating to property intended for surrender were not grounds for denial of confirmation.
Procedural posture
The matter came before the court on objections to confirmation of debtors'chapter 13 plan by the chapter 13 trustee (Trustee), the U.S. Trustee (UST) and a creditor.
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Court
:
- 11 U.S.C.
Caley v. Dannen
Nov
04
2008
Ruling
Placing nondischargeable student loan debt in default did not violate stay.
Procedural posture
Plaintiff debtor brought claims against defendants, her former spouse, Sallie Mae Inc., which had consolidated their student loans, and the guarantor of the student loans. Sallie Mae and the guarantor moved for summary judgment on the claims.
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Court
:
Krys v. Sugrue
Oct
23
2008
Ruling
Motion to remand fraud action directly related to debtors'bankruptcy denied.
Procedural posture
Plaintiff trustee of a litigation trust which was assigned claims of the estate of a bankruptcy debtor, brought actions in state courts against defendants, agents and insiders of the debtor and others, including a bank, alleging that defendants aided and abetted the debtor's fraud. The actions were removed to federal court, the trustee moved to remand the actions, and the bank moved to refer claims against it to the bankruptcy court.
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Court
:
Brown v. Affiliated Computer Servs.
Jul
21
2008
Ruling
Equitable remand of estate's tort action was appropriate.
Procedural posture
Plaintiff chapter 7 trustee filed a tort action in state court against defendants. The matter was removed to federal court. The trustee filed a motion to remand the case to the state court.
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Court
:
In re Talley
Jun
05
2008
Ruling
Chapter 7 case ordered converted to chapter 13 where debtor's mortgage payments were two- thirds of budgeted expenses.
Procedural posture
A U.S. Trustee filed a motion to dismiss a debtor's voluntary chapter 7 petition under 11 U.S.C.S. § 707(b) for abuse after recalculating the debtor's monthly gross income and substituting the IRS Service Housing and Utilities Standard for the debtor's claimed mortgage expense.
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Court
:
- FRBP
In re Equa-Chlor LLC
Apr
29
2008
Ruling
Amended settlement agreement approved as in best interests of debtor and creditors.
Procedural posture
Debtor, a Washington limited liability company, filed a voluntary petition under chapter 11 of the Bankruptcy Code and a motion under Fed. R. Bankr. P. 9019(a) and Bankr. W.D. Wash. R. 9019-1 for entry of an order approving a proposed settlement and compromise. A Committee of Unsecured Creditors filed objections to the settlement agreement.
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Court
:
- 11 U.S.C.
Larson v. Howell (In re Larson)
Jan
23
2008
Ruling
Negligent vehicular homicide qualified as a criminal act capping debtor's homestead exemption at $125 thousand.
Procedural posture
Criminal charges arising from a motor vehicle accident were filed against appellant debtor. The debtor and appellee victim's husband settled the civil case. The debtor filed a bankruptcy petition and claimed a homestead exemption. The bankruptcy court found that the accident constituted a "criminal act" under 11 U.S.C. § 522(q)(1)(B)(iv). The District Court for the District of Massachusetts affirmed. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
In re Kerr
Jul
18
2007
Ruling
Form B22A required after conversion from chapter 13 to chapter 7.
Procedural posture
The debtors in two proceedings filed voluntary petitions under chapter 13, and the matters were subsequently converted to cases under chapter 7. After conversion the clerk's office for the court generated orders to show cause for dismissal due to the debtors'failure to file a new means test Form B22A, as required by Interim Bankr. W.D. Wash. R. 1007-1(b).
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Court
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