In re Arnell
Dec
26
2006
Ruling
Creditor credit union violated stay by exercising unauthorized setoff against debtor's account.
Procedural posture
Chapter 7 debtor filed a motion for sanctions against creditor, a credit union, pursuant to 11 U.S.C. § 362(h).
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Court
:
- 11 U.S.C.
In re Freeman
Dec
22
2006
Ruling
Plan could include interest payments on unsecured nondischargeable debt.
Procedural posture
The debtor's proposed chapter 13 plan provided, inter alia, that the debtor would continue to maintain direct payments on her unsecured student loan debt. The chapter 13 trustee objected to confirmation of the proposed plan on the ground that the plan violated 11 U.S.C. § 1322(b)(10), which prohibited payment of postpetition interest on an unsecured, non-dischargeable debt unless the debtor proposed to pay all other allowed claims in full.
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Court
:
- 11 U.S.C.
In re Harman
Oct
12
2006
Ruling
Real estate agents was entitled to commission for producing ready, willing and able buyer for estate property and sanctions for debtor's interference with process.
Procedural posture
Movant, a real estate agent, applied for compensation on account of services it rendered in connection with the marketing of land belonging to debtor as well as sanctions against debtor for allegedly interfering with movant's efforts to market and sell the land.
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Court
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In re Robinson
Oct
12
2006
Ruling
Liens recorded during pendency of debtor's prior chapter 13 case were void and unenforceable.
Procedural posture
A debtor filed motions, pursuant to 11 U.S.C. § 522(f), to avoid respondent creditors'judgment liens.
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Court
:
- 11 U.S.C.
In re Tara Sheet Metal Inc.
Oct
11
2006
Ruling
Corporate debtor was not required to file statement of intent to reaffirm debt or redeem motor vehicle.
Procedural posture
Movant creditor filed a motion under 11 U.S.C. § 362(i) confirming that the automatic stay terminated as a matter of law with regard to a debtor's personal property.
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Court
:
- 11 U.S.C.
In re Dan River Inc.
Sep
26
2006
Ruling
Financial advisor could not compel immediate payment of administrative expense claim where prohibited by confirmed plan.
Procedural posture
Financial advisor for chapter 11 debtors filed a motion for an order compelling the reorganized debtors to pay a final fee, or, alternatively, for entry of judgment on a final fee. The motion was opposed by the debtors and the official committee of unsecured creditors.
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Court
:
- 11 U.S.C.
Collins Bros. Corp. v. Perrine (In re Perrine)
Aug
08
2006
Ruling
Failure of debtor to protect assets in trust created under Perishable Agricultural Commodities Act rendered debt nondischargeable.
Procedural posture
Plaintiff, a perishable agricultural commodity wholesaler, filed a motion for summary judgment on its claim that a debt owed to it by debtor, the owner and officer of a different wholesale dealer, was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt had been reduced to judgment entered in plaintiff's favor in a federal court in a earlier suit under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499(a), et seq.
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Court
:
- 11 U.S.C.
First National Bank of Griffin v. Wyatt-Frizell (In re Frizell)
Aug
08
2006
Ruling
Debt secured by motor vehicles was nondischargeable where debtor lacked ability to make payments at time of loan and disposed of vehicles without lender's knowledge.
Procedural posture
Plaintiff bank filed an adversary complaint against defendant debtor in her chapter 7 bankruptcy seeking an order holding that a particular debt was nondischargeable. When debtor failed to respond to plaintiff's request for admissions, the facts stated therein were deemed admitted. Plaintiff then moved for summary judgment. When debtor failed to respond to the motion, it was deemed to be unopposed.
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Court
:
- 11 U.S.C.
In re Andersen 2000 Inc.
Apr
24
2006
Ruling
Motion for relief from automatic stay was granted to allow state court action to continue.
Procedural posture
Movants, a creditor and an insurer, as subrogee of the creditor, moved for relief from the automatic stay. The creditor had previously filed a state court action against the debtor, which action was settled. Upon discovering that the debtor had insurance coverage, movants requested relief from stay to permit them to continue litigating the state court action.
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Court
: