Search Opinion

In re Van Luvender

After the court entered an order granting a debtor's application for a waiver of the chapter 7 filing fee under 28 U.S.C.S. § 1930(f)(1), the trustee sought to vacate that order.
Ruling: 
Trustee's motion to vacate order for waiver of chapter 7 filing fee where requiring debtor to borrow against minimal equity in vehicle would be inequitable.
ABI Membership is required to access the full summary of In re Van Luvender. 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 October 22,2008, LexisNexis #1108-131

Standefer v. Kent (In re Kent)

Plaintiffs, creditors of defendant chapter 7 debtors, a husband and wife, filed a complaint against the debtors, objecting, pursuant to 11 U.S.C.S. § 727(a)(2)(A), to the issuance of a discharge to the debtors and objecting, pursuant to several provisions of 11 U.S.C.S. § 523, to the dischargeability of the debt owed to the creditors by the debtors.
Ruling: 
Transfers with intent to hinder, delay and defraud creditors warranted denial of discharge.
ABI Membership is required to access the full summary of Standefer v. Kent (In re Kent). 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 October 22,2008, LexisNexis #0109-056

Stastny v. Sedivec (In re Sedivec)

Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff former girlfriend filed a complaint to determine dischargeability of money that the girlfriend gave to the debtor toward the purchase of a home, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Money given to debtor by girlfriend for downpayment on new house was dischargeable absent written documentation.
ABI Membership is required to access the full summary of Stastny v. Sedivec (In re Sedivec). 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 October 22,2008, LexisNexis #0109-047

Jenkins v. Miley (In re Miley)

Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a judgment that $ 10,950 of a workers' compensation judgment he obtained was entitled to priority under 11 U.S.C.S. § 507(a)(4). The court entered a judgment denying the creditor's complaint, and the creditor filed a motion for a rehearing and asked the court to provide its reasons for denying his complaint.
Ruling: 
Workers' compensation judgment was not entitled to priority status.
ABI Membership is required to access the full summary of Jenkins v. Miley (In re Miley). 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 October 22,2008, LexisNexis #0109-046

In re Codr

A successor chapter 7 trustee filed a Final Accounting in which he proposed payment to the trustees in the maximum amount allowed under 11 U.S.C.S. § 326(a). The former chapter 7 trustee requested compensation for her services.
Ruling: 
Chapter 7 trustee's fees awarded in reduced amount due to inadequate time records.
ABI Membership is required to access the full summary of In re Codr. 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 October 22,2008, LexisNexis #1208-061

In re Vargas

The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.
Ruling: 
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
ABI Membership is required to access the full summary of In re Vargas. 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 October 22,2008, LexisNexis #0209-135

In re Young

A city objected to confirmation of a chapter 13 debtor's plan.
Ruling: 
Debtor could not redeem property that was subject of prepetition tax sale due to failure to act within six month deadline or 60-day extension period.
ABI Membership is required to access the full summary of In re Young. 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 October 21,2008, LexisNexis #0209-001

Buesgens v. Bergman (In re Bergman)

Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
Ruling: 
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
ABI Membership is required to access the full summary of Buesgens v. Bergman (In re Bergman). 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 October 21,2008, LexisNexis #0309-056

In re Janata

Following the conclusion of a debtor's chapter 7 bankruptcy case, the court- appointed attorney filed a motion for authorization of a fee enhancement.
Ruling: 
Court appointed attorney granted fee enhancement due to diligence in case of uncooperative debtor.
ABI Membership is required to access the full summary of In re Janata. 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 October 20,2008, LexisNexis #1208-002

Eddins v. GMC Mortg. Co. (In re Eddins)

Plaintiffs, debtors, sued defendant creditor alleging that the creditor wrongfully assessed and collected charges and fees from them that were not owed or approved by the bankruptcy court. In addition, they asserted that the creditor wrongfully failed to credit their payments to the loan's principal. The creditor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Creditors may not seek to collect fees and charges not disclosed prior to discharge.
ABI Membership is required to access the full summary of Eddins v. GMC Mortg. Co. (In re Eddins). 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 October 20,2008, LexisNexis #1208-140

Pages