Search Opinion

Zebley v. Hart (In re Hart)

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.
Ruling: 
Order to compel turnover by debtor granted due to noncompliance with original order.
ABI Membership is required to access the full summary of Zebley v. Hart (In re Hart). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1012-105

Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)

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.
Ruling: 
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
ABI Membership is required to access the full summary of Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-069

Jefferson v. Community Bank (In re Jefferson)

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.
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.
ABI Membership is required to access the full summary of Jefferson v. Community Bank (In re Jefferson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0912-140