- 11 U.S.C.
In re Maldonado
Oct
29
2012
Ruling
Debtor's counsel ordered to disgorge fees paid for services in debtor's prior case.
Procedural posture
The chapter 13 trustee sought for the court to conduct a hearing, under 11 U.S.C.S. § 329, as to $3,702.64 in attorneys' fees paid to debtor's counsel, asserting that counsel should be required to disgorge and turnover that amount.
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Court
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In re Ezell
Oct
29
2012
Ruling
Counsel sanctioned and ordered to disgorge fee due to concealment of status as creditor by assigning claim.
Procedural posture
Counsel for a bankruptcy debtor listed a debt to an attorney as the assignee of a debt which represented fees owed to counsel for services in a prior bankruptcy case of the debtor, and counsel received all of the amounts paid on the debt through the debtor's plan. The U.S. Trustee moved for sanctions against counsel and for disgorgement of fees.
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Court
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- 11 U.S.C.
Reyna v. PNC Bank (In re Reyna)
Oct
09
2012
Ruling
Wholly unsecured second lien could be avoided upon plan completion.
Procedural posture
Debtors brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of creditor's interest in their residential real estate and to determine the status of the creditor's claim (19-1).
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:
- 11 U.S.C.
Miciuliene v. Morgan Chase Bank (In re Miciuliene)
Oct
09
2012
Ruling
Unsecured second mortgage could be avoided upon successful plan completion.
Procedural posture
Debtor brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of defendant creditor's interest in debtor's residential real estate and to determine the status of the creditor's claim.
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- 11 U.S.C.
Stallard v. Charter One (In re Stallard)
Oct
02
2012
Ruling
Wholly unsecured junior lien could be stripped off if debtor fully performed under confirmed plan.
Procedural posture
Debtors brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of defendant creditor's interest in debtor's residential real estate and to determine the status of the creditor's claim. The matter came before the court for hearing upon proper notice.
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Flores v. TCF Bank (In re Flores)
Oct
01
2012
Ruling
Wholly unsecured second lien could be stripped off upon successful completion of plan.
Procedural posture
Plaintiff chapter 13 debtors filed a complaint against defendant bank pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claims.
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In re 211 Waukegan LLC
Sep
18
2012
Ruling
Extension of postpetition credit to debtor was made in ordinary course of business and allowed as administrative expense claim.
Procedural posture
Movant creditor requested the allowance of administrative expenses under 11 U.S.C.S. § 503(b), for transfers she made to the debtor, after the purchase of debtor's assets by an unrelated third party bank, which extinguished the equity interest held by movant creditor in the debtor.
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- 11 U.S.C.
Hernandez-Torres v. Charter One Bank (In re Hernandez-Torres)
Aug
13
2012
Ruling
Debtor could strip off lien that exceeded value of residential property.
Procedural posture
Plaintiff chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) against defendant bank, seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claim.
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Kap-Sum Props. LLC v. Ly (In re Ly)
Aug
10
2012
Ruling
Discharge denied due to undisclosed prepetition transfer of business for no consideration and retention of interest in business.
Procedural posture
Creditor filed a complaint against chapter 7 debtor objecting to her discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(4)(A), (a)(6)(A), and (a)(3). The creditor moved for a default judgment. The debtor failed to appear at the hearing on the motion for default judgment and presented no evidence by affidavit.
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Court
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In re Pavlovic
Jul
10
2012
Ruling
Judicial lien for violation of building codes on debtor's residence was avoidable as impairing debtor's homestead exemption.
Procedural posture
A chapter 13 debtor filed a motion under 11 U.S.C.S. § 522(f) to avoid a judicial lien held by a county on the debtor's home.
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Court
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