Dec
18
2008
In re Elizabethtown Family Care Clinic LLC
Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
Ruling:
Landlord allowed administrative expsense claim for rent incurred after petition date.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0109-077
Nov
20
2008
Frankenfield v. Kennedy (In re Kennedy)
Plaintiffs, creditors, filed an adversary proceeding against defendants, debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The parties filed cross-motions for summary judgment.
Ruling:
Debtors' conveyance of property to third party after creditors advanced purchase money resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-048
Nov
06
2008
In re Reid
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
Ruling:
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-134
Oct
07
2008
Citizens Union Bank v. Hayden (In re Hayden)
Plaintiff creditor filed an adversary proceeding seeking a denial of defendant debtor's discharge under 11 U.S.C.S. §§ 727(a)(4), 523(a)(2)(A), 523(a)(2)(B), 523(a)(4), and 523(a)(6).
Ruling:
Failure of debtor's son to make payments on loan taken out by debtor to fund son's business was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 07,2008, LexisNexis #1208-123
Sep
18
2008
In re Black Diamond Mining Co. LLC
After involuntary chapter 11 petitions were filed against debtors, sublessors sought an order compelling the debtors to timely perform all of their obligations under sublease agreements pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling:
Proration rule appropriate for prepetition sublease obligations of involuntary debtor.
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Commercial case opionion summary, case decided on September 18,2008, LexisNexis #0109-044
Sep
12
2008
Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC)
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant corporation seeking to recover preferential transfers, and default judgment was entered against the corporation based on the corporation's failure to respond. The corporation moved to reopen the case and set aside the default judgment.
Ruling:
Corporation could not set aside default in adversary proceeding absent showing of excusable neglect.
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Commercial case opionion summary, case decided on September 12,2008, LexisNexis #0209-134
Sep
11
2008
Schlarman v. Chase Home Fin. LLC (In re Padgitt)
Plaintiff trustee filed an action against defendant creditor alleging that the trustee could avoid a mortgage held by the creditor on the debtors' home, pursuant to the provisions of 11 U.S.C.S. § 544. The parties filed cross motions for summary judgment.
Ruling:
Trustee could avoid interest of debtor spouse in property where mortgage only covered one- half interest of debtor.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #0109-051
Sep
03
2008
Machanic v. Clark (In re Clark)
After defendant debtor filed for chapter 7 bankruptcy protection, plaintiff purchaser initiated an adversary proceeding, seeking a determination that the debtor was required to reimburse her for the money she had spent and would spend to correct alleged undisclosed problems with a house she purchased from him. The purchaser also alleged that the damages were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling:
Debt owed to purchaser of debtor's former residence was dischargeable absent proof of intent to deceive or purcasher's reliance on representations.
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Consumer case opionion summary, case decided on September 03,2008, LexisNexis #0908-079
Jul
15
2008
In re Bandura
When debtor sought confirmation of her proposed plan, the creditor objected to a provision therein recognizing only part of the creditor's claim as a secured claim and treating the balance as unsecured. At issue was whether the creditor's payoff of debtor's negative equity was a purchase money obligation such that plan confirmation over the creditor's objection was improper under 11 U.S.C.S. § 506 and 11 U.S.C.S. § 1325(a)(9).
Ruling:
Negative equity included in "910 vehicle" loan was not a purchase money obligation and so that debt could be bifurcated.
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Consumer case opionion summary, case decided on July 15,2008, LexisNexis #0908-055
Jul
10
2008
Warner v. Gallimore (In re Gallimore)
Plaintiff creditor filed a complaint objecting to discharge of defendant debtor in connection with plaintiff's claim to recover a $15,000 payment made to defendant on account of defendant's sale of a trailer to plaintiff because the trailer was later impounded for an invalid VIN. Though the debt was alleged to be nondischargeable under both 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 523, only the § 727 claim was considered at this time.
Ruling:
Objection to discharge overruled in absence of evidence of debtor's intent to defraud.
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Consumer case opionion summary, case decided on July 10,2008, LexisNexis #0908-053