Search Opinion

Sensenich v. Ledyard Natl Bank (In re Campbell)

Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
Ruling: 
Creditor's destruction of estate property was a willful violation of stay.
ABI Membership is required to access the full summary of Sensenich v. Ledyard Natl Bank (In re Campbell). 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 December 24,2008, LexisNexis #0209-005

In re R&G Properties Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
Ruling: 
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
ABI Membership is required to access the full summary of In re R&G Properties Inc.. 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 November 21,2008, LexisNexis #0109-080

In re Carpenter

The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
Ruling: 
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
ABI Membership is required to access the full summary of In re Carpenter. 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 26,2008, LexisNexis #0708-111

In re Munzberg

Bankruptcy debtors' chapter 13 plan proposed to pay a creditor secured by the debtors' vehicle the value of the vehicle, and to cram down the balance of the amount owed to the creditor as general unsecured debt. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation of its secured claim was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity in vehicle was not part of PMSI and could be bifurcated.
ABI Membership is required to access the full summary of In re Munzberg. 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 #0708-092

In re Porter

In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
Ruling: 
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
ABI Membership is required to access the full summary of In re Porter. 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 08,2008, LexisNexis #0308021