- 11 U.S.C.
Wallingford v. Green Tree Servicing LLC
Aug
31
2012
Ruling
Sustaining of objection to confirmation overruled where title to mobile home securing lien creditor claimed was protected from modification had never been surrendered.
Procedural posture
Appellant debtors challenged orders of the United States Bankruptcy Court for the Southern District of Ohio, which sustained an objection to confirmation of their chapter 13 Plan and denied their motion for reconsideration.
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- 11 U.S.C.
Jacks v. Wells Fargo Bank (In re Jacks)
Jun
07
2011
Ruling
Assessment, but not collection, of postpetition fees by lender properly held not to violate stay.
Procedural posture
Appellant Chapter 13 debtors challenged a decision of the United States District Court for the Northern District of Alabama, which affirmed a bankruptcy court decision granting summary judgment in favor of appellee mortgage lender on the debtors' claim that the lender violated various provisions of the Bankruptcy Code and Bankruptcy Rules by failing to disclose certain fees on the proof of claim it filed in the debtors' bankruptcy case.
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Court
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Judge or Jurisdiction information not available
- FRBP
Erdmann v. Charter One Bank (In re Erdmann)
Mar
10
2011
Ruling
Confirmation voided due to failure to provide creditors with opportunity to object to proposed avoidance of liens.
Procedural posture
Defendant creditor filed a motion for summary judgment in plaintiff Chapter 13 debtors' adversary proceeding, which sought to avoid the creditor's junior mortgage lien on the debtors' residence. The creditor also filed a motion to vacate the order of confirmation entered in the underlying bankruptcy case as to the section in the plan that provided for the avoidance of its lien.
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In re RadLAX Gateway Hotel LLC
Mar
10
2011
Ruling
Administrative expense claim for trespass on easement denied where debtors were successors in interest to original owners of subject property.
Procedural posture
An owner of office property filed a motion for an order granting and requiring immediate payment of an administrative expense claim under 11 U.S.C.S. § 503(b) due to the Chapter 11 debtors' alleged trespass on the owner's easement.
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Court
:
- 11 U.S.C.
Landau & Assocs. P.C. v. Fricke (In re Fricke)
Dec
29
2010
Ruling
Award of attorneys' fees to debtor's former spouse in dissolution proceeding was a nondischargeable domestic support order.
Procedural posture
Law firm asserted, through its complaint against defendant debtor filed May 18, 2010, that its legal fees were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (15). The law firm was counsel for debtor's wife in a dissolution of marriage. The law firm's complaint was pending judgment following trial.
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- FRBP
Inskeep v. Griffin (In re Griffin Trading Co.)
Mar
10
2010
Ruling
Bankruptcy court cannot tax costs not enumerated in 28 U.S.C. §1920.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor's principals. Although the bankruptcy court entered judgment in favor of the principals, the U.S. District Court for the Northern District of Illinois vacated that judgment and remanded the case. On remand, the bankruptcy court entered judgment in favor of the principals. The principals filed a motion for an award of costs.
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Court
:
- 11 U.S.C.
In re Nelson
Oct
30
2009
Ruling
Debtor' attorney ordered to disgorge excessive fees collected under unacceptable fee agreement.
Procedural posture
The chapter 13 standing trustee challenged the reasonableness of the $ 5,290 legal fee charged to the debtor by his attorney, filing a motion pursuant to 11 U.S.C.S. §§ 329 and 330 and Fed. R. Bankr. P. 2017.
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Casa De Cambio Majapara S.A. de C.V. v. Wachovia Bank (In re Casa De Cambio Majapara S.A. de C.V.)
Jul
09
2008
Ruling
Prejudgment attachment issued in connection with failure of swap agreements was subject to bankruptcy safe harbor.
Procedural posture
Plaintiff chapter 11 debtor filed an adversary proceeding against defendant creditor seeking to avoid and recover, pursuant to 11 U.S.C.S. § 547 and 11 U.S.C.S. § 550, transfers made for the benefit of the creditor. The creditor moved for summary judgment. The legal issue presented was whether prejudgment attachments that the creditor obtained in New York and Illinois were subject to the safe harbor in 11 U.S.C.S. § 546(g).
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Court
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- 11 U.S.C.
Edgewater Med. Ctr. v. Edgewater Prop. Co. (In re Edgewater Med. Ctr.)
Aug
15
2007
Ruling
Failure to exercise option to purchase did not qualify as avoidable transfer.
Procedural posture
Plaintiff debtor sought recovery from defendant property companies in a ten count complaint relating to actions concerning certain real property known as the "adjacent properties" and an option for debtor to purchase those properties from one of the defendants. The matter was pending decision following trial.
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In re Barton
Nov
07
2006
Ruling
County clerk sanctioned for violating stay by attempting to collect interest and costs on taxes paid through chapter 13 plan.
Procedural posture
Pending was debtors'motion seeking sanctions against the County Clerk of Will County, Illinois, for violating the automatic stay of 11 U.S.C. § 362. The motion sought: (1) a declaration that the Clerk's actions violated the stay; (2) an injunction prohibiting a tax sale and any further collection activities; and (3) compensatory damages and attorney fees under section 362(k). The County moved to dismiss the motion for failure to state a claim.
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