- 11 U.S.C.
Monnie v. Field (In re Bross)
Aug
16
2006
Ruling
Mortgage not executed in compliance with state law could be avoided.
Procedural posture
Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.
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Court
:
- 11 U.S.C.
In re Rose
Aug
11
2006
Ruling
Lien creditor's loss on stripped car allowed as administrative expense claim.
Procedural posture
Chapter 13 secured creditor filed a motion for an allowance of an administrative claim under 11 U.S.C. § 503 in an amount representing the value of creditor's secured claim less payments already received under debtor's plan.
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Court
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In re Payne
Jul
10
2006
Ruling
Creditor's objection to confirmation was overruled since section 1325(a) hanging paragraph applied.
Procedural posture
Creditor objected to the confirmation of chapter 13 debtors'plan.
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Court
:
- 11 U.S.C.
In re Pattison
Jul
06
2006
Ruling
Court sustained trustee's confirmation objection since debtor had more monthly income available as disposable income.
Procedural posture
Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.
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Court
:
Gorski v. Eisen (In re Henricks Commerce Park LLC)
Jun
15
2006
Ruling
Panel affirmed decision to deny attorneys'fees as administrative expenses since fees were, in effect, services for debtor.
Procedural posture
Appellant, the equity security holder of the debtor, appealed from a decision of the Bankruptcy Court for the Northern District of Ohio that disallowed as an administrative expense under 11 U.S.C. § 503(b)(3)(D) and (4) the professional fees of the equity security holder's attorney on the basis that the attorney's services made a substantial contribution to the debtor's chapter 11 case.
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In re Rudicil
Jun
07
2006
Ruling
Motion to avoid judicial lien was denied exclusion of dower interest did not impair debtors'exemptions.
Procedural posture
Bankruptcy debtors, a husband and wife, moved to avoid a judicial lien pursuant to 11 U.S.C. § 522(f), alleging that prior liens against the debtors'residence, including the dower interest of the wife, exceeded the value of the residence, and thus the judicial lien impaired the debtors'homestead exemptions.
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Court
:
- 11 U.S.C.
Unencumbered Assets Trust v. Biomar Techs. Inc. (In re Natl Century Fin. Enters.)
Apr
18
2006
Ruling
Payments to software company were deemed fraudulent transfers since debtor was insolvent when payments were made and software company did not show its software affected debtor's revenue.
Procedural posture
Plaintiff successor to a bankruptcy debtor-in-possession brought an adversary proceeding against defendant software company, alleging that payments by the debtor to the company for software licenses and services provided to third-party healthcare providers were fraudulent transfers under 11 U.S.C. § 548. The successor also objected to the company's proof of claim for services to the providers.
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Court
:
- 11 U.S.C.
Rieser v. Hayslip (In re Canyon Sys. Corp.)
Mar
31
2006
Ruling
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
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Court
:
In re Evans
Jan
20
2006
Ruling
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
Procedural posture
In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.
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Court
:
- 11 U.S.C.
Field v. Wells Fargo (In re Bross)
Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.
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Court
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