- FRBP
In re Anthony
Jul
20
2015
Ruling
Objection to lien claim dismissed without prejudice for not having been brought as an adversary proceeding.
Issue(s)
Should debtor's objection to mortgage creditor's proof of claim on enforceability grounds be sustained?
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Court
:
- FRBP
In re St. Louis
Aug
21
2013
Ruling
Order sustaining objection to proof of claim vacated due to improper service upon creditor.
Issue(s)
Debtor's objection to creditor's proof of claim did not request the court to cancel or release liens, was not served upon lawyer who voted to accept the plan and did not attach a proposed form of order. Should the order sustaining the objection be vacated on reconsideration.
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Court
:
- FRBP
In re Moss
Aug
13
2013
Ruling
Creditors' motion to remove void judgment denied as an adversary proceeding was required.
Issue(s)
Whether judgment lien was filed in violation of stay and could be removed.
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Court
:
- FRBP
Watson v. TSC Global LLC (In re TSC Global)
Jun
26
2013
Ruling
Debtor's former employee could bring WARN Act claim in an adversary proceeding.
Issue(s)
May former employee bring WARN Act claims against debtor in an adversary proceeding.
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Court
:
- FRBP
Zebley v. Hart (In re Hart)
Sep
26
2012
Ruling
Order to compel turnover by debtor granted due to noncompliance with original order.
Procedural posture
Before the court was plaintiff Trustee's Complaint to compel turnover against defendants, debtor and a bank. The Trustee asserted that, despite a Turnover Order, debtor had only turned over to the Trustee a fraction of the amount required. Trial was held on the Complaint.
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Court
:
- FRBP
Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)
Sep
07
2012
Ruling
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
Procedural posture
Plaintiff, chapter 11 debtor, brought an adversary complaint objecting to the claim of defendant secured creditor, seeking a determination of the validity, priority, and extent of the creditor's lien rights. The creditor had foreclosed on debtor's commercial real property, and sought the proceeds of debtor's state court tort action for damages to the real property and loss of business income. The parties cross-moved for summary judgment.
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Court
:
- FRBP
Jefferson v. Community Bank (In re Jefferson)
Jun
21
2012
Ruling
Adversary proceeding in debtor's second case could proceed as similar proceeding in first case was not litigated and did not give rise to res judicata.
Procedural posture
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant bank, pursuant to Fed. R. Bankr. P. 7001(2), seeking a determination of the validity, priority, or extent of a lien the bank held on real property the debtors owned. The bank filed a motion to dismiss.
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Court
:
- FRBP
Monroe Capital Inc. v. Frumusa (In re Frumusa)
Apr
14
2010
Ruling
Membership interests in limited liability company, owned 100 percent by debtor on petition date, were property of the estate.
Procedural posture
Plaintiff servicing agent commenced an adversary proceeding against defendants, debtor and two other individuals, pursuant to Fed. R. Bankr. P. 7001(2), to have the court determine the owner of the membership interests in a certain limited liability company (LLC).
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Court
:
- FRBP
In re Forrest
Sep
16
2009
Ruling
Chapter 13 debtor could not strip off a junior mortgage without bringing an adversary proceeding.
Procedural posture
Before the court for confirmation was debtor's modified chapter 13 plan and a creditor's objection thereto.
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Court
:
- FRBP
In re Kemp
Jul
17
2008
Ruling
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
Procedural posture
A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
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Court
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