- FRBP
Robbins v. Barbour (In re Futreal)
May
05
2016
Ruling
Counsel sanctioned for improperly splitting fees pursuant to a sham agreement in attempt to avoid fee sharing disclosure obligations.
Issue(s)
Should attorneys from various jurisdictions who solicited clients over the internet and sharing fees without making the necessary disclosures be sanctioned?
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Court
:
- 11 U.S.C.
Webber v. Proffitt (In re Webber)
May
02
2016
Ruling
Debtor's obligation to pay mortgage on former marital home was not a domestic support obligation entitled to priority status.
Issue(s)
Was debtor's obligation to make mortgage payments on a former marital residence a domestic support obligation entitling former spouse to a priority claim?
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Court
:
- 11 U.S.C.
In re Webber
Apr
07
2016
Ruling
Motion for sale dismissed due to unresolved issues of ownership involving non-debtor third parties.
Issue(s)
Whether the trustee sustained the burden of proving that the debtor's transfer of a one-half interest in property was avoidable as either a constructively or intentionally fraudulent transfer?
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Court
:
Morgan v. Bank of West (In re Morgan)
Mar
25
2016
Ruling
Bank's attempts to collect deficiency judgment and repeated post-notice contacts with debtor violated the automatic stay.
Issue(s)
Should bank be sanctioned for attempts to collect deficiency judgment in violation of the automatic stay and for contempt of court due to failure to appear?
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Court
:
- 11 U.S.C.
Grayson Natl Bank v. Keiths Tree Farm (In re Keiths Tree Farm)
Mar
18
2016
Ruling
Confirmation of tree farm's chapter 12 plan denied on feasibility grounds, without leave to amend and case dismissed with prejudice.
Issue(s)
Could debtor tree farm's chapter 12 plan be confirmed?
ABI Membership is required to access the full summary of Grayson Natl Bank v. Keiths Tree Farm (In re Keiths Tree Farm) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nuckoles v. Ford Motor Credit Co. LLC (In re Nuckoles)
Mar
09
2016
Ruling
Creditor violated the discharge injunction by repossessing debtor’s vehicle pursuant to invalidipso facto clause. (Bankr. W.D. Va.)
Issue(s)
Can creditor enforce an ipso facto clause to repossess a vehicle when there is no payment or other contractual default and the bankruptcy court did not review a reaffirmation agreement prior to the debtor's discharge?
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Court
:
- 11 U.S.C.
Robbins v. Ervin (In re Ervin)
Feb
23
2016
Ruling
Case dismissed due to presumption of abuse.
Issue(s)
Should debtor's case be dismissed due to the presumption of abuse?
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Court
:
- 11 U.S.C.
Caudill v. Anderson (In re Anderson)
Feb
18
2016
Ruling
Debt was dischargeable absent evidence of evidence of intent to commit fiduciary defalcation or willful and malicious injury.
Issue(s)
Was debt nondischargeable because it arose from fraud or defalcation while acting in a fiduciary capacity or embezzlement?
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Court
:
- FRBP
In re Robertson
Dec
30
2015
Ruling
Chapter 13 plan payments could be increased to accommodate increased mortgage fees, expenses and charges.
Issue(s)
Could trustee obtain an increase in chapter 13 plan payments to accommodate increased postconfirmation mortgage fees and expenses and charges?
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Court
:
- 11 U.S.C.
Robbins v. Groggins (In re Groggins)
Dec
04
2015
Ruling
Discharge denied due to debtor's bankruptcy fraud plea agreement.
Issue(s)
Should debtor's discharge be denied due to conviction for bankruptcy fraud?
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Court
: