In re Denis
Mar
08
2007
Ruling
"Hanging paragraph" did not apply to creditor's unsecured deficiency following repossession and sale of vehicle.
Procedural posture
The creditor received relief from the automatic stay to enforce its security interest against the debtor's car. The car was repossessed and sold, and the debtor sought to disallow the creditor's claim, asserting that the repossession and sale of the car was a full satisfaction of the obligation, pursuant to 11 U.S.C. § 1325(a).
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Court
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Alberts v. HCA Inc. (In re Greater Southeast Cmty. Hosp. Corp.)
Jan
18
2007
Ruling
Transferee pursuant to asset purchase agreement for subsidiary debtor which provided for setoff of funds was initial transferee from which trustee could recover.
Procedural posture
In a jointly administered chapter 11 proceeding, plaintiff, a liquidating trustee for debtors, brought an adversary action against defendant transferees seeking to recover transfers under the Illinois Uniform Fraudulent Transfer Act, 740 Ill. Comp. Stat. 160/1 et seq., pursuant to 11 U.S.C. § 544. One transferee filed a motion for summary judgment as to all counts against it in the trustee's third amended complaint.
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Court
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Webster v. Management Network Group Inc. (In re NeTel Corp.)
Nov
21
2006
Ruling
Ordinary course of business defense to avoidance was not available where debtor made more payments for larger amounts during preference period.
Procedural posture
Defendants, a consultant and a reseller, filed motions for summary judgment in chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C. §§ 547 and 550, preferential transfers allegedly made by debtor to defendants. Trustee also filed a motion for summary judgment.
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Court
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Rehabiltated Inner City Hous LLC v. Mayor of Baltimore City ( In re Lesick)
Jul
19
2006
Ruling
Limited liability company had standing to pursue automatic stay violation action, but court dismissed action seeking damages for stay violation under section 362(h).
Procedural posture
Defendants, a mayor, a city council, tax sale purchasers, and assignees, filed a motion to dismiss plaintiff limited liability company's ("LLC") action. The LLC sought to have certain tax sales declared void due to violation of the automatic stay in a chapter 7 case and sought damages under former 11 U.S.C. § 362(h) (current version at 11 U.S.C. § 362(k)(1)).
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Court
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Wilson v. Home-Savers LLC (In re Wilson)
Jul
17
2006
Ruling
Property that had vested with debtor upon plan confirmation was no longer property of the estate and could be transferred.
Procedural posture
Plaintiff chapter 13 debtor sued defendants, seeking a declaratory judgment that a deed and a deed of trust he executed to convey a property and any other aspects of the transaction involving those instruments (including the borrowing of money) were void under the Bankruptcy Code due to the pendency of his bankruptcy case. The debtor and defendants filed motions for summary judgment.
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Court
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- 11 U.S.C.
In re Manson
Jun
28
2006
Ruling
Debtor's motion to avoid lien was denied since lien was satisfied prior to filing of motion to avoid lien.
Procedural posture
The debtor's home had been exempt under 11 U.S.C. § 522 utilizing District of Columbia exemptions. She obtained a discharge that applied to a creditor's claim, but not on any lien that the creditor might have had. She discovered that the creditor had a judicial lien on her property when she refinanced her home. She reopened her chapter 7 case and moved to avoid the judicial lien pursuant to 11 U.S.C. § 522(f)(1)(A).
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Court
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Premium of Am. LLC v. Sanchez (Premium Escrow Servs.)
May
23
2006
Ruling
Court ruled it lacked jurisdiction over claims since they were either not related to case or were non-core proceedings.
Procedural posture
The debtor marketed to investors interests in viatical insurance policies. Under the debtor's confirmed plan, a successor entity sued defendant doctor on both the debtor's claims and the investor-related claims against him for negligence and misrepresentation in determining life expectancies applied to the policies, which resulted in losses on the investments. The doctor moved to dismiss the adversary proceeding under Fed. R. Civ. P. 12(b)(1).
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Court
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- FRBP
In re Hunt-Shannon
May
04
2006
Ruling
Court required debtors to file an affidavit rebutting prima facie validity of creditor's proof of claim and held that debtors had burden of proving payment in full.
Procedural posture
Petitioner debtors filed an objection to respondent creditor's proof of claim on a loan made to a debtor.
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Court
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In re Hawkins
Apr
20
2006
Ruling
Court deemed that debtor need only make colorable claim of receiving credit counseling to assert jurisdiction and impose automatic stay.
Procedural posture
The court previously entered an order to show cause why debtor's case ought not be dismissed for failure to obtain credit counseling prior to the petition date, as required to satisfy the requirements of 11 U.S.C. § 109(h).
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Court
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In re Mills
Apr
20
2006
Ruling
Case was dismissed since debtor obtained credit counseling on same day as filing.
Procedural posture
A bankruptcy petitioner obtained credit counseling as required by 11 U.S.C. § 109(h) on the same day that her bankruptcy petition was filed. The trustee moved to dismiss the petition based on the petitioner's ineligibility to be a debtor under section 109(h).
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Court
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