Mar
14
2008
Gregs Ballroom v. Showalter (In re Villarreal)
Defendant creditor filed a motion to remand Plaintiff chapter 13 debtors'removed action, which alleged wrongful foreclosure, sought avoidance of the foreclosure sale under 11 U.S.C.S. § 547 and § 548, and requested that the court issue a declaratory judgment declaring the property at issue as their homestead. The motion was based on principles of abstention pursuant to 28 U.S.C.S. § 1334(c).
Ruling:
Wrongful foreclosure action converted to avoidance proceeding on removal was core and not subject to mandatory abstention.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-128
Mar
14
2008
In re Patman Drilling Intl Inc.
Debtor, a Texas corporation, filed a petition under chapter 11 of the Bankruptcy Code, and a secured creditor filed a motion for appointment of a chapter 11 trustee. Other secured creditors joined the motion, while the debtor and the Official Committee of Unsecured Creditors filed objections.
Ruling:
Chapter 11 trustee appointed to oversee debtor's oil and gas well drilling operations
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Commercial case opionion summary, case decided on March 14,2008, LexisNexis #0408-122
Mar
14
2008
In re Wagner
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A U.S. Trustee filed a motion to dismiss for abuse pursuant to 11 U.S.C.S. § 707(b)(2) and (3).
Ruling:
Student loan debts were not special circumstances that would rebut presumption of abuse.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-118
Mar
14
2008
In re Osterwalder
A chapter 7 trustee filed a motion for turnover of 22 animal mounts pursuant to 11 U.S.C.S. § 542.
Ruling:
Motion for turnover granted as to 21 of 22 animal mounts.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-115
Mar
14
2008
Mitchem v. House (In re House)
Plaintiff judgment creditor filed an action against defendant debtor to determine the dischargeability of a civil judgment owed to the creditor by the debtor. The creditor claimed that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The court held a trial on the matter, and issued findings of facts and conclusions of law.
Ruling:
Wrongful death judgment did not include findings on intent or willfulness and was dischargeable.
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Consumer case opionion summary, case decided on March 14,2008, LexisNexis #0408-113
Mar
13
2008
Babin v. Hamilton (In re Hamilton)
Defendant debtor filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff, a chapter 13 trustee, filed a complaint objecting to discharge. The debtor did not answer the complaint and the trustee filed a motion for default judgment.
Ruling:
Debtor could file chapter 13 case four years after discharge in converted chapter 7 case.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0508-090
Mar
13
2008
Harrison v. United States Dept of Agriculture Rural Dev. (In re Harrison)
Plaintiff debtors filed for relief under chapter 7 of the United States Bankruptcy Code and received a discharge in bankruptcy. The debtors filed an action against defendant, the United States Department of Agriculture Rural Development (RD), claiming that a pre-petition setoff payment to their loan from RD was a preferential transfer that was subject to turnover under 11 U.S.C.S. §§ 522 and 547. The parties sought summary judgment.
Ruling:
Prepetition setoff payment to U.S. Department of Agriculture Rural Development was not preferential.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-010
Mar
13
2008
In re Palacios
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor entered a certificate of exigent circumstances for deferment of the credit counseling requirement imposed by 11 U.S.C.S. § 109(h) because the debtor claimed he lacked income to pay for the classes.
Ruling:
Deferment of credit counseling requirement denied as debtor had not contacted approved agency to follow waiver procedure.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-106
Mar
13
2008
In re Hettick
The chapter 7 Trustee filed an application to employ an attorney and his law firm on a contingency fee basis for the sole purpose of recovering a newly discovered asset. An objection was filed on the grounds that the attorney had a conflict of interest in that he and his firm were representing creditors in the instant case.
Ruling:
Attorney representing creditors in case could be hired by trustee to recover newly discovered asset due to alignment of interest.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0508-060
Mar
13
2008
In re Colclasure
The debtors filed for relief under chapter 13 of the United States Bankruptcy Code, and submitted a proposed plan of reorganization. A chapter 13 trustee objected to confirmation. The court held a hearing and issued findings of fact and conclusions of law.
Ruling:
Debtors required to calculate monthly disposable income from Form 22C regardless of change in financial circumstances.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-022
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