Search Opinion

Americredit Fin. Servs. v. Penrod (In re Penrod)

Appellant creditor challenged the United States Bankruptcy Court for the Northern District of California's order finding that the creditor's security interest in appellee debtor's car was only partially purchase money for purposes of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5). The creditor also challenged the court's order confirming the debtor's chapter 13 plan.
Ruling: 
Negative equity in "910" vehicle loan was not included in purchase money security interest.
ABI Membership is required to access the full summary of Americredit Fin. Servs. v. Penrod (In re Penrod). 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 July 28,2008, LexisNexis #1208-128

Ryan v. United States (In re Ryan)

The Bankruptcy Court for the District of Idaho held that costs of prosecution were "criminal fines" under former 11 U.S.C.S. § 1328(a)(3) (pri and to its amendment by the Bankruptcy Abuse Prevention thus were excepted from discharge. The debtor appealed.
Ruling: 
Bankruptcy court erred in holding that costs of prosecution was a "criminal fine" that was excepted from discharge.
ABI Membership is required to access the full summary of Ryan v. United States (In re Ryan). 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 03,2008, LexisNexis #0808-035

White v. Brown (In re White)

Debtor challenged an order from the Bankruptcy Court for the District of Arizona, which ordered the turnover of the proceeds from the sale of his Arizona homestead under 11 U.S.C.S. § 542(a).
Ruling: 
Bankruptcy court did not err in ordering turnover of proceeds of sale of debtor's homestead.
ABI Membership is required to access the full summary of White v. Brown (In re White). 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 April 22,2008, LexisNexis #1008-100

Stasz vv. Gonzalez (In re Stasz)

Appellant debtor challenged an order from the Bankruptcy Court for the Central District of California, which granted the motion of appellee trustee and found the debtor in civil contempt after she failed to appear and produce documents at a Fed. R. Bankr. P. 2004 examination. The bankruptcy court imposed sanctions against the debtor.
Ruling: 
Debtor sanctioned for failure to appear at hearing or produce documents.
ABI Membership is required to access the full summary of Stasz vv. Gonzalez (In re Stasz). 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 April 15,2008, LexisNexis #0608-034

Drummond v. Wiegand (In re Wiegand0

Appellant trustee sought review of an order of the Bankruptcy Court for the District of Montana, which overruled his objection to confirmation of appellee debtors' chapter 13 plan.
Ruling: 
Confirmation order reversed due to inconsistency of calculation of current monthly income according to Form 22C and the plain language of §1325(b)(2).
ABI Membership is required to access the full summary of Drummond v. Wiegand (In re Wiegand0. 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 April 03,2008, LexisNexis #0608-057

Ghomeshi v. Sabban (In re Sabban)

Appellant creditor sought review of an order of the United States Bankruptcy Court for the Central District of California, that determined that an award of $ 123,500 under a state court judgment based on Cal. Bus. & Prof. Code §§ 7031 and 7160 was dischargeable. The debtor was a contractor who had falsely represented to the creditor that he was licensed. The issue was whether the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State court penalty based on debtor's violation of home improvement contractor licensing statute was nondischargeable although award of damages in the nature of disgorgement was not.
ABI Membership is required to access the full summary of Ghomeshi v. Sabban (In re Sabban). 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 February 20,2008, LexisNexis #0408-028

Dumont v. Ford Motor Credit Co. (In re Dumont)

Appellant debtor challenged a decision of the Bankruptcy Court for the Southern District of California that denied, inter alia, her application for an order to show cause for contempt of automatic stay under 11 U.S.C.S. § 362. The debtor filed her motions after appellee creditor repossessed her vehicle.
Ruling: 
Creditor was free to repossess debtor's vehicle without violating stay where debtor failed to indicate intent to reaffirm or redeem.
ABI Membership is required to access the full summary of Dumont v. Ford Motor Credit Co. (In re Dumont). 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 February 06,2008, LexisNexis #0308-107

Hupp v. Educational Credit Mgmt. Corp. (In re Hupp)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the Southern District of California, inter alia, denied the debtor's summary judgment motion focused on constitutional issues. The debtor appealed.
Ruling: 
Denial of summary judgment in student loan dischargeability proceeding was not appropriate for interlocutory appeal.
ABI Membership is required to access the full summary of Hupp v. Educational Credit Mgmt. Corp. (In re Hupp). 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 January 18,2008, LexisNexis #0308-119