Skip to main content

Page Banner(Taxonomy)

judge mcguire

Spicer v. Konjoyan (In re Renaissance Hosp.-Grand Prairie Inc.)

Ruling
Transfers between debtor hospital and director of related debtor hospital, benefitting operation of both hospitals, were not preferential.
Procedural posture

Chapter 7 trustee for debtor hospital (DH1) sued defendant medical director/emergency room doctor for a related debtor hospital (DH2) to recover, as fraudulent transfers under 11 U.S.C.S. § 548, the payments made to the director by DH1.

ABI Membership is required to access the full summary of Spicer v. Konjoyan (In re Renaissance Hosp.-Grand Prairie Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 01, 2011 , LexisNexis #1211-019

In re Branch

Ruling
Objection to secured creditor's claim overruled upon production of assignment from original creditor.
Procedural posture

A debtor filed for relief under chapter 13. A bank filed a secured claim, and the debtor filed an objection to the secured claim. The bank filed a motion to strike the debtor's objection.

ABI Membership is required to access the full summary of In re Branch Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 07, 2009 , LexisNexis #0909-079

In re Tamez

Ruling
Voluntary job changes due to economic factors beyond debtor's control were special circumstances negating presumption of abuse.
Procedural posture

A United States Trustee asserted that chapter 7 bankruptcy debtors'financial situation raised a presumption of bankruptcy abuse because the debtors could fund a plan under a different chapter. The trustee moved to dismiss the debtors'case for presumed abuse under 11 U.S.C. § 707(b), the debtors maintained that a decrease in their income constituted special circumstances which rebutted the presumption.

ABI Membership is required to access the full summary of In re Tamez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 13, 2007 , LexisNexis #0907-115

In re Valles Dominquez

Ruling
Creditor could claim deficiency under hanging paragraph on loan for motor vehicle surrendered by debtor.
Procedural posture

The debtor filed for relief under chapter 13. The debtor had purchased a car, which was financed by the creditor, who took a purchase money security interest in the vehicle to secure the loan. The creditor filed a notice of deficiency and the debtor objected to the deficiency claim. The court held a hearing and issued findings of fact and conclusions of law.

ABI Membership is required to access the full summary of In re Valles Dominquez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 11, 2007 , LexisNexis #0607-116

In re Newberry

Ruling
Secured creditor entitled to deficiency claim after debtor's surrender of motor home.
Procedural posture

Creditor's amended claim represented the deficiency owed after creditor foreclosed its lien on a motor home debtors bought. The chapter 13 trustee moved to allow the amended claim. Debtors objected, arguing the "hanging paragraph" of 11 U.S.C. § 1325(a)(9) (added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Act of 2005 ("BAPCPA")) allowed them to surrender the motor home in full satisfaction of the debt owed.

ABI Membership is required to access the full summary of In re Newberry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 03, 2007 , LexisNexis #0607-051

In re Legacy Health Care LLC

Ruling
Landlord entitled to fees and costs associated with enforcing lease terms against debtor nursing home operator.
Procedural posture

The reorganized debtor operated a nursing home on land leased from landlord. The lease contained a "prevailing party" provision. Under this provision, the landlord sought attorneys fees and costs incurred since the filing of the petition and incident to the debtor's reorganization efforts. The reorganized debtor argued that the provision has no application, but if it did, then it was the party that "prevailed."

ABI Membership is required to access the full summary of In re Legacy Health Care LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 22, 2006 , LexisNexis #1206-014