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In re Hundley

Feb
07
2006
Ruling
Debtors were awarded damages for the bank's willful violation of the automatic stay by refusing the debtor's postpetition demand for turnover of the debtor's vehicle repossessed prepetition.
Procedural posture

Debtors sought a determination that creditor bank violated the automatic stay when it refused debtors' postpetition demand to turnover debtors' vehicle that the bank had repossessed prepetition. Debtors demanded the payment of sanctions for the bank's actions, which debtors considered to be willful and therefore remediable under former 11 U.S.C. § 362(h).

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opinion summary, case decided on February 07, 2006 , LexisNexis #0306-046
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Chase Bank USA N.A. v. Jay (In re Jay)

Feb
03
2006
Ruling
Creditor's dischargeability claim was dismissed since the creditor filed it after the required 60- day period.
Procedural posture

Plaintiff creditor sued defendant debtor pursuant to 11 U.S.C. § 532(a)(2), seeking to except from discharge certain credit card indebtedness. The debtor moved to dismiss the complaint on the grounds that the creditor filed it after expiration of the 60-day filing period provided by Fed. R. Bankr. P. 4007(c).

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opinion summary, case decided on February 03, 2006 , LexisNexis #0306-070
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Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Nov
15
2005
Ruling
Transfers to creditors were fraudulent and thus recoverable since they were made with actual intent to hinder and delay the debtor's other creditors.
Procedural posture

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.

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opinion summary, case decided on November 15, 2005 , LexisNexis #0106-023
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Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Nov
15
2005
Ruling
Creditor could not avoid recovery of preferential transfers since the payments were not intended to be contemporaneous exchanges for new value but rather satisfied an antecedent debt.
Procedural posture

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.

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opinion summary, case decided on November 15, 2005 , LexisNexis #0106-019
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Davis v. Charlies Care Inc. (In re Cruth)

Sep
29
2005
Ruling
Trustee was able to avoid creditor's lien on debtor's car as a preferential transfer since the creditor delayed in perfecting the security interest until during the 90-day prefiling lookback period.
Procedural posture

Plaintiff trustee filed an adversary proceeding against defendant creditor, which sought to avoid a lien on a car as a preferential transfer under 11 U.S.C. § 547(b).

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opinion summary, case decided on September 29, 2005 , LexisNexis #0106-093
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