Search Opinion

Chase Bank v. Bower (In re Bower)

This proceeding came before the court for a final evidentiary hearing to consider the dischargeability of a debt owed by defendant debtor to plaintiff creditor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(C). Debtor's answer to the Complaint included an affirmative defense that the creditor was not the holder of the credit card account and a counterclaim requesting attorney's fees pursuant to Fla. Stat. § 57.105.
Ruling: 
Credit card cash advances were dischargeable absent evidence of false pretenses or fraud.
ABI Membership is required to access the full summary of Chase Bank v. Bower (In re Bower). 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 September 30,2010, LexisNexis #1110-018

In re Prieto

The chapter 13 trustee filed a motion to modify the debtor's plan pursuant to 11 U.S.C.S. § 1329(a), asserting that the payments made by the debtors pursuant to the plan should be increased because their monthly disposable income increased after the plan was confirmed.
Ruling: 
Plan modified to increase plan payments after debtors' income increased post-confirmation.
ABI Membership is required to access the full summary of In re Prieto. 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 September 22,2010, LexisNexis #1110-034

In re Schultz

Claimant ex-wife filed a motion to dismiss debtor's chapter 11 case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) on a claim that the case was not filed in good faith while debtor argued that his case was properly converted to chapter 13 under § 1112(d) on the basis that conversion was in the best interest of his creditors and the estate.
Ruling: 
Case of debtor with no business dismissed for bad faith as filed primarily due to dispute with debtor's former spouse.
ABI Membership is required to access the full summary of In re Schultz. 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 22,2010, LexisNexis #0910-098

Atwater v. Light Korean Presbyterian Church (In re Mak Petroleum Inc.)

Chapter 7 Trustee commenced this adversary proceeding by filing a Complaint to recover a deposit paid by debtor in connection with a Purchase and Sale Agreement. Defendant was a church located in Ontario, Canada. Before the court was the church's motion to dismiss.
Ruling: 
Proceeding to recover transfer from Canadian transferee dismissed for lack of personal jurisdiction.
ABI Membership is required to access the full summary of Atwater v. Light Korean Presbyterian Church (In re Mak Petroleum 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 February 11,2010, LexisNexis #0710-100

In re Mak Petroleum Inc.

Debtor's chapter 7 case came before the court for hearing to consider the trustee's motion to enjoin a claimant from violating the automatic stay.
Ruling: 
Bankruptcy court lacked personal jurisdiction over Canadian church to prevent it from enforcing claim against deposit held in Canada.
ABI Membership is required to access the full summary of In re Mak Petroleum 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 February 11,2010, LexisNexis #0510-003

Bryant v. Phoenix Office Ctr. Inc. (In re Bryant)

Chapter 13 debtor filed a complaint against defendants, a corporation and two individuals, to recover real property and for sanctions for an alleged violation of the automatic stay. The debtor also sought a determination of dischargeability of its debt pursuant to 11 U.S.C.S. § 523(a)(4). Defendants filed a motion for summary judgment.
Ruling: 
Postpetition orders in state court action to quiet title fully litigated by debtor did not violate stay.
ABI Membership is required to access the full summary of Bryant v. Phoenix Office Ctr. Inc. (In re Bryant). 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 10,2010, LexisNexis #0510-004

In re Hand

This case came before the court for a final evidentiary hearing to consider confirmation of the Sixth Amended Chapter 12 Plan filed by debtors. A creditor filed a written Objection to the Plan, alleging it did not satisfy the requirements of 11 U.S.C.S. § 1225(a)(3), 1225(a)(5), and 1225(a)(6).
Ruling: 
Debtor's sixth amended chapter 12 plan confirmed as filed in good faith over creditor's objection.
ABI Membership is required to access the full summary of In re Hand. 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 04,2010, LexisNexis #0510-027

Smith & Green PA v. Luca (In re Luca)

Plaintiff, a law firm, commenced this adversary proceeding by filing a complaint objecting to and/or for determination of dischargeability of debt. In the complaint, the firm sought a determination that a state court award of attorney's fees was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6), 523(a)(7). Defendant debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Attorneys' fees awarded due to debtor's filing of frivolous appeal were nondischargeable.
ABI Membership is required to access the full summary of Smith & Green PA v. Luca (In re Luca). 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 14,2010, LexisNexis #0410-086

Wynne v. Aurora Loan Servs. LLC (In re Wynne)

Debtors brought an adversary complaint against defendant, their mortgage creditor, asserting claims for violation of the automatic stay, the discharge injunction, the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The creditor filed a motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction, under Fed. R. Civ. P. 12(b)(1) and (6).
Ruling: 
Bankruptcy court had jurisdiction over proceeding for violations of stay and discharge injunction but dismissed fair debt collection claims.
ABI Membership is required to access the full summary of Wynne v. Aurora Loan Servs. LLC (In re Wynne). 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 14,2010, LexisNexis #0410-040

Nowak v. Gregory (In re Gregory)

Plaintiffs commenced this adversary proceeding by filing a complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(4). Defendant debtors moved to dismiss the adversary proceeding.
Ruling: 
Untimely filed nondischargeability proceeding dismissed.
ABI Membership is required to access the full summary of Nowak v. Gregory (In re Gregory). 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 14,2010, LexisNexis #0410-100