- 11 U.S.C.
Rackley v. Rackley (In re Rackley)
Oct
17
2013
Ruling
Award of attorneys' fees in custody dispute was nondischargeable.
Issue(s)
Was award of attorneys' fees in custody dispute nondischargeable.
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- 11 U.S.C.
Giles v. James B. Nutter & Co. (In re Giles)
Sep
30
2013
Ruling
Calls, letters and inspections of debtor's residence that was still subject to creditor's security interest did not violate discharge injunction.
Issue(s)
Did creditor violate discharge injunction by contacting debtor by telephone regarding delinquent payments, sending letters about delinquent payments, reporting unpaid balances on the debt to credit reporting agencies, and by causing inspectors to enter upon property and to leave notes concerning collection of deb. t
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Value Family Properties-West Atlanta LLC v. Harrison (In re Value Family Properties-Atlanta LLC)
Mar
29
2010
Ruling
Claim for equity investment in debtor subordinated to general unsecured claims.
Procedural posture
Chapter 11 debtor-in-possession objected to a proof of claim filed by respondent creditor on the ground that the claim was based on an equity investment made by the creditor in the debtor and therefore, could not be an allowed unsecured claim but had to be subordinated to general unsecured claims pursuant to 11 U.S.C.S. § 510(b).
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Bryant v. BAC Home Loan Servicing LP (In re Bryant)
Mar
08
2010
Ruling
Debtor's intention to surrender property securing claim is not grounds for disallowance.
Procedural posture
Debtors filed an objection to a proof of a fully secured claim seeking its disallowance in its entirety on the ground that debtors intended to surrender the collateral or real property whose security interest was held by the respondent. Respondent was either the holder of the note or notes secured by the property or was the agent of that holder with respect to this bankruptcy case.
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:
- 11 U.S.C.
Gordon v. Wells Fargo Bank (In re Codrington)
Dec
10
2009
Ruling
Improperly attested mortgage could be avoided.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant lender seeking to avoid the lender's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed to the lender from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The lender moved for summary judgment.
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- 11 U.S.C.
Gordon v. Wells Fargo Bank (In re Hughes)
Dec
10
2009
Ruling
Second lien identified as such did not provide sufficient notice of improperly attested first lien to prevent avoidance.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bank seeking to avoid the bank's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The trustee and the bank cross-moved for summary judgment.
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- 11 U.S.C.
In re Manning
Aug
31
2009
Ruling
Surplus proceeds of postpetition foreclosure held pursuant to earlier lifting of stay were property of the estate.
Procedural posture
Chapter 7 trustee filed a motion to reopen defendant debtors' bankruptcy estate and an adversary proceeding against the debtors and parties who held secured interests in the debtors' residence, seeking a determination of whether proceeds derived from the sale of the debtors' residence belonged to the debtors' bankruptcy estate.
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- 11 U.S.C.
Giuliani v. Giuliani (In re Giuliani)
Aug
28
2009
Ruling
Debtor's transfer of property to former spouse within one year of petition date pursuant to terms of separation agreement.
Procedural posture
Chapter 13 debtor filed an adversary proceeding against defendant, his ex- wife, seeking a determination that transfers of real property he made to his ex-wife pursuant to the terms of a separation agreement that was made part of a final judgment of divorce were avoidable under 11 U.S.C.S. §§ 547 and 548. The debtor's ex-wife filed a motion to dismiss.
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Southwick Real Estate LLC v. Ades (In re Ades)
Jul
01
2009
Ruling
Dismissal denied where creditor failed to prove debts were primarily consumer.
Procedural posture
Movant builder, a judgment creditor, sought to dismiss respondent debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 707(b) for abuse. of discretion.
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Miller v. Hirn (In re Raymond)
Jun
16
2009
Ruling
Venue of preference proceeding was proper where debt was not consumer and transferee was an insider of debtor.
Procedural posture
In this adversary proceeding, plaintiff trustee sued to recover an alleged avoidable preference in the amount of $ 6,000. Defendant, who resided outside the Northern District of Georgia, moved to dismiss on the ground that venue was improper under 28 U.S.C.S. § 1409(b).
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