- 11 U.S.C.
In re White
Apr
29
2011
Ruling
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
Procedural posture
Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
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Court
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In re Burnett
Apr
15
2011
Ruling
Attorney who failed to file case in time to save clients' home from foreclosure ordered to disgorge fees and suspended from bankruptcy practice.
Procedural posture
U. S. Trustee filed a motion to disgorge fees paid to chapter 13 debtors' attorney pursuant to 11 U.S.C.S. § 329(b).
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Court
:
- 11 U.S.C.
In re Burrow
Mar
22
2011
Ruling
Portion of claim representing exorbitant foreclosure fees and charges disallowed.
Procedural posture
The debtors objected to a creditor's proof of claim under 11 U.S.C.S. § 502.
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Court
:
- 11 U.S.C.
In re Miller
Feb
14
2011
Ruling
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
Procedural posture
Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
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Court
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Hyundai Motor Fin. Co. v. McKay (In re McKay)
Dec
15
2010
Ruling
Creditor could enforce settlement which debtor agreed to but failed to execute as a nondischargeable debt.
Procedural posture
Plaintiff creditor filed a motion to enforce a settlement that was reached with defendant Chapter 7 debtor with respect to the creditor's complaint seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor objected to the motion.
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Court
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In re Panther Mt. Land Dev. LLC
Oct
22
2010
Ruling
Relief from stay to foreclose against two properties denied where each had greater value than creditor's claims.
Procedural posture
Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a bank filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the LLC declared bankruptcy. The court denied the bank's motion, and the bank filed a second motion for relief from the stay and a motion under Fed. R. Bankr. P. 3012 which asked the court to determine the value of its claims.
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Court
:
- 11 U.S.C.
In re Bryant
Oct
08
2010
Ruling
Lifelong farmers' third amended plan confirmed over bank's objection and attempt to dismiss the case.
Procedural posture
Debtors proposed a Third Amended Plan of Reorganization. Objections were filed by two secured creditors. One of the secured creditors, a bank, also filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Helena Chemical Co. v. Richmond (In re Richmond)
Jun
08
2010
Ruling
Discharge denied due to debtor's misrepresentations, false oaths and concealment of assets.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking determinations that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523 and that the debtor should be denied a discharge under 11 U.S.C.S. § 727 based on the debtor's false pretenses, misrepresentations, and willful and malicious injury.
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:
- 11 U.S.C.
Sneed v. Hartsfield (In re Hartsfield)
Jun
03
2010
Ruling
State court judgment of fiduciary defalcation was nondischargeable.
Procedural posture
Plaintiff, a successor trustee and the personal representative of a decedent's estate, filed an adversary proceeding against chapter 11 debtor, objecting to exemptions the debtor claimed and seeking a determination that the debtor owed two debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4) because he committed fraud or defalcation while acting in a fiduciary capacity. The case was tried to the court.
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:
- 11 U.S.C.
First Sec. Bank v. Hudson (In re Hudson)
May
14
2010
Ruling
Auto loan taken out by debtor on behalf of son who later sold the vehicle was dischargeableabsent evidence of debtor's own fraud.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud in obtaining a loan from the creditor to allow her son to purchase a vehicle.
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Court
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