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Lafayette Fin. LLC v. Horseshoe Point LLC (In re Horseshoe Point LLC)

Apr
14
2011
Ruling
Relief from stay to foreclose granted due to lack of equity in property.
Procedural posture

A lender filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to foreclose on its indebtedness and lien on a Chapter 11 debtor's property. The lender also made a request to compel adequate protection. A neighboring property owner intervened in support of the lender.

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Commercial opinion summary, case decided on April 14, 2011 , LexisNexis #0511-045
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In re White

Sep
30
2010
Ruling
Trustee could not use strong-arm powers to step into the shoes of a preferred class of creditors in order to seize the assets of a spendthrift trust.
Procedural posture

A Chapter 7 trustee filed an objection to a debtor's claim of exemption in a spendthrift trust, asserting that he could attach her interest, not generally, but to satisfy her student loan creditors and certain other creditors. The trustee argued that under 11 U.S.C.S. § 544(a)(1), he was entitled to step into the shoes of a creditor for the purposes of invading the trust. The debtor and a trustee under the spendthrift trust opposed the objection.

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Consumer opinion summary, case decided on September 30, 2010 , LexisNexis #1110-054
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In re Center for Mgmt. & Tech. Inc.

Oct
26
2007
Ruling
Interim trustee appointed in involuntary case of 501(c)(3) organization.
Procedural posture

The petitioners who filed an involuntary chapter 7 case against the alleged debtor filed an emergency motion for appointment of an interim trustee pursuant to 11 U.S.C. § 303(g).

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Commercial opinion summary, case decided on October 26, 2007 , LexisNexis #1207-041
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Columbo Bank v. Sharp (In re Sharp)

Sep
28
2007
Ruling
Mortgage extended based on stale financial and title reports was dischargeable.
Procedural posture

Plaintiff creditor filed a motion for reconsideration of an order denying its complaint against defendant debtor for nondischargeability of a mortgage under 11 U.S.C. § 523(a)(2)(A).

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Consumer opinion summary, case decided on September 28, 2007 , LexisNexis #1107-026
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Guaranty Residential Lending Inc. v. Koep (In re Koep)

Aug
01
2005
Ruling
Creditor was denied partial summary judgment regarding nondischargeablity issue despite debtor misrepresentations because the creditor failed to demonstrate justifiable or reasonable reliance on the misrepresentations.
Procedural posture

Plaintiff creditor filed a complaint against defendant debtor seeking a determination that certain debts allegedly owed to it by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The creditor filed a motion for partial summary judgment

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opinion summary, case decided on August 01, 2005 , LexisNexis #0106-048
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