Myers v. Miracle Finance Inc. (In re Myers)
Mar
06
2009
Ruling
Failure to halt garnishment process was a willful violation of stay.
Procedural posture
Debtor sought a determination that creditor willfully violated the automatic stay under 11 U.S.C.S. § 362(a) by failing to stay a process of garnishment. Both parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
Newton v. ACC of Enter. (In re Newton)
Jan
29
2009
Ruling
Debtors could not bring private right of action for improper disclosure of social security numbers on proofs of claim.
Procedural posture
Debtors brought adversary proceedings seeking relief predicated on the disclosure of their unredacted social security numbers in the proofs of claim filed by defendants creditors. The creditors moved to dismiss the complaints for failure to state a claim upon which relief can be granted, under Fed. R. Bankr. P. 7012(b).
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Court
:
- 28 U.S.C.
In re Radetic
Jan
16
2009
Ruling
Bankruptcy court voluntarily abstained from hearing contract dispute related to debtor's bankruptcy.
Procedural posture
Creditor filed a motion for relief from the automatic stay to proceed against the debtor in a state court action filed prepetition. The action arose from a failed real estate contract. The creditor, as listing agent, sought a commission from the debtor. The stay motion in effect called on the bankruptcy court to abstain from determining the breach of contract dispute.
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Court
:
- 11 U.S.C.
In re White
Nov
25
2008
Ruling
Debtor could not reclassify claim secured by "910 vehicle" through modification of confirmed plan.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code, and a plan was confirmed. The debtor filed a motion to modify her confirmed plan. The confirmed plan provided for the surrender of a vehicle secured by a creditor, with leave for the creditor to file a deficiency claim after disposition of the collateral. The creditor filed an objection to the modified plan.
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Court
:
In re Carlton
Nov
24
2008
Ruling
Inclusion of negative equity in "910 vehicle" loan did not affect purchase money status or protection from bifurcation.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and filed a proposed chapter 13 plan. A creditor objected to confirmation of the plan because the plan bifurcated the creditor's claim into secured and unsecured components.
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Court
:
In re Holland
Aug
19
2008
Ruling
Ruling that state law applied to determine debtor's entitlement to exemption was not a final appealable order.
Procedural posture
Appellant bankruptcy trustee challenged an order of the United States District Court for the Northern District of Illinois, Eastern Division, holding that Florida law applied in determining whether appellee debtor's property was exempt from her bankruptcy estate and remanding the matter to the bankruptcy court.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Munding v. LeMaster & Daniels P.L.L.C. (In re Spokane Raceway Park Inc.)
Jul
09
2008
Ruling
Bankruptcy court voluntarily abstained from hearing indemnity action against third party already pending in state court.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against defendant accounting firm, seeking a judgment determining the validity of a claim the firm filed against a corporate debtor's bankruptcy estate. The firm filed a third-party action against third-party defendant Washington limited partnership, claiming that the partnership had an obligation to indemnify it against any judgment the trustee obtained. The partnership moved to dismiss.
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Court
:
- 11 U.S.C.
In re Griffin
May
30
2008
Ruling
Domestic support obligations being collected by state were priority claims that were required to be paid in full during term of plan.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and submitted a proposed plan. The Alabama Department of Human Resources (DHR) objected to the confirmation of the proposed plan, claiming that pursuant to 11 U.S.C.S. § 507, the DHR's priority claims needed to be paid in full during the term of the plan.
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Court
:
Moore v. Alabama Power Co. (In re Moore)
May
28
2008
Ruling
Continued wage garnishement by garnishee was not a violation of codebtor stay by creditor that obtained the original prepetition writ.
Procedural posture
Defendant creditor filed a motion, pursuant to Fed. R. Bankr. P. 7012(b)(6), to dismiss the adversary proceeding of plaintiffs, a debtor and her cosigner, for damages for an alleged violation of the codebtor stay imposed by 11 U.S.C.S. § 1301(a) and to hold the creditor in contempt under 11 U.S.C.S. § 105.
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Court
:
- 11 U.S.C.
In re Camp
May
08
2008
Ruling
Debtor's counsel not entitled to administrative expense claim for fees incurred prior to petition date.
Procedural posture
Counsel filed an application, pursuant to 11 U.S.C.S. §§ 327 and 330, for nunc pro tunc approval of his employment as an attorney for the bankruptcy estate and for compensation for services rendered. Counsel also contended that if the application was approved, he would be entitled to priority status as an administrative claim under 11 U.S.C.S. § 503(b)(1).
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Court
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