Dec
30
2008
Conley v. Smith (In re Smith)
Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
Ruling:
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-010
Nov
12
2008
Buckeye Check Cashing Inc. v. Meadows (In re Meadows)
Appellant payday lender challenged a ruling of the U.S. Bankruptcy Court for the Southern District of Ohio, Western Division at Dayton, that it violated the automatic stay when, after receiving notice of appellee debtor's chapter 13 filing, it refused to unconditionally return funds from the postpetition presentment of appellee's prepetition check. At issue was whether such conduct violated 11 U.S.C.S. § 362 and the impact of 11 U.S.C.S. § 549.
Ruling:
Creditor's postpetition cashing of check postdated by debtor for date after petition date did not violate stay.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-109
Aug
20
2008
Baker v. Mortg. Elec. Registration Sys. (In re King)
Appellee Bankruptcy trustee brought an adversary proceeding against appellant mortgagees seeking to avoid a mortgage granted by bankruptcy debtors, which was not timely perfected, as a preferential transfer under 11 U.S.C.S. § 547(b). The mortgagees appealed the order of the United States Bankruptcy Court for the Eastern District of Kentucky which granted summary judgment to the trustee.
Ruling:
Untimely recorded mortgage properly avoided as preferential.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #0908-027
Aug
14
2008
General Elec. Credit Equities Inc. v. Brice Rd. Dev. L.L.C. (In re Brice Rd. Dev. L.L.C.)
Appellant creditor challenged a decision of the United States Bankruptcy Court for the Southern District of Ohio, which confirmed appellee debtor's plan over the objections of the creditor, which claimed that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11), was not fair and equitable as required by § 1129(b)(2), and failed to accord the creditor its rights as an electing secured creditor under 11 U.S.C.S. § 1111(b)(2).
Ruling:
Plan did not afford creditor full rights as electing secured creditor where proposed payments did not total allowed amount of claim.
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Commercial case opionion summary, case decided on August 14,2008, LexisNexis #0908-029
Mar
12
2008
Yoppolo v. MBNA America Bank (In re Dilworth)
Defendant creditor appealed an order of the United States Bankruptcy Court for the Northern District of Ohio, Western Division, which granted plaintiff trustee summary judgment in an adversary proceeding to avoid a balance transfer from one credit card company to another as preferential under 11 U.S.C.S. § 547(b).
Ruling:
Balance transfer from one credit card company to another properly held to be preferential.
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Consumer case opionion summary, case decided on March 12,2008, LexisNexis #0408-032