In re Abdulla

Feb

2009

Ruling

Relief from stay to foreclose on debtor's two apartment buildings denied where creditor was adequately protected.

Procedural posture

Creditor, which held a mortgage on the debtors' two contiguous apartment buildings (property), sought relief from the automatic stay to foreclose its mortgage. The debtors sought authority to use the creditor's cash collateral which consisted of the rents generated by the nine currently- occupied units.

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Court :

District of Massachusetts ( Judge Bailey ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on February 06, 2009 , LexisNexis #0609-004

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11 U.S.C.

Smith v. Jordan (In re Jordan)

Apr

2008

Ruling

Revocation of discharge reversed as debtor's refinance of property was not willful noncompliance with order prohibiting transfer.

Procedural posture

Appellant debtor sought review of a decision of the U.S. District Court for the Eastern District of Virginia, which upheld a decision of a bankruptcy court in favor of appellee creditor and revoked the debtor's discharge under 11 U.S.C.S. § 727(a)(6)(A) for failure to comply with the bankruptcy court's order directing her to cooperate with the trustee in the administration of the estate.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on April 03, 2008 , LexisNexis #0408-102

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11 U.S.C.

In re Bardell

Aug

2007

Ruling

Prepetition foreclosure terminated debtor's right to cure default through plan.

Procedural posture

Debtor had defaulted on his mortgage loan, and a trustee under a deed of trust conducted a foreclosure sale. Two days later, debtor filed for chapter 13 relief. Debtor sought to undo the foreclosure sale and cure his mortgage arrearage in his proposed plan. The Bankruptcy Court for the Northern District of West Virginia ruled debtor was not entitled to cure his mortgage default or to avoid the prepetition foreclosure sale. Debtor appealed.

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Court :

Northern District of West Virginia ( Judge Bailey ) [ District Court ]

opinion summary, case decided on August 10, 2007 , LexisNexis #0907-088

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