Search Opinion

Cook v. Department of Safety of Tenn. (In re Cook)

Plaintiff debtors filed an expedited motion for contempt against defendants, the State of Tennessee Department of Safety and the Jackson Metro Narcotics Unit. Pursuant to the motion, debtors sought immediate turnover of a vehicle, monetary sanctions, compensatory damages, and an award of attorneys fees and costs against defendants. At the hearing, defendants sought dismissal of the underlying adversary proceeding.
Ruling: 
Motion for contempt for failure to comply with turnover order denied where service was improper.
ABI Membership is required to access the full summary of Cook v. Department of Safety of Tenn. (In re Cook). 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 14,2009, LexisNexis #0110-105

Smith v. Lecuona (In re IFS Fin. Corp.)

Plaintiff trustee sought recovery of an allegedly fraudulent stock transfer from debtor to defendants. Defendants were Mexican citizens and businesses. Defendants sought dismissal of the adversary proceeding based on lack of personal jurisdiction, contending that they lacked the required minimum contacts within Texas to create personal jurisdiction.
Ruling: 
Bankruptcy court had personal jurisdiction over Mexican citizens in fraudulent transfer proceeding concerning stock.
ABI Membership is required to access the full summary of Smith v. Lecuona (In re IFS Fin. Corp.). 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 September 21,2009, LexisNexis #1209-140

Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
Ruling: 
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
ABI Membership is required to access the full summary of Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties 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 September 01,2009, LexisNexis #0909-137

Carter v. Hall (In re Hall)

Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
Ruling: 
Court declined to extend time for service of process in dischargeability proceeding.
ABI Membership is required to access the full summary of Carter v. Hall (In re Hall). 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 10,2009, LexisNexis #0809-026

Kennedy v. Citibank (In re Kennedy)

Debtor brought an adversary proceeding against an unsecured creditor, seeking a declaratory judgment that a judgment by the creditor against the debtor did not create a lien on her real or personal property pursuant to S.C. Code Ann. §§ 15-35-810, 15-39-20 and 15-39-100. The debtor filed a motion for a default judgment, and the creditor filed no response.
Ruling: 
Adversary proceeding dismissed due to insufficiency of notice on unsecured creditor.
ABI Membership is required to access the full summary of Kennedy v. Citibank (In re Kennedy). 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 April 07,2009, LexisNexis #0709-133

In re Wright

The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
Ruling: 
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
ABI Membership is required to access the full summary of In re Wright. 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 17,2009, LexisNexis #0409-021

In re Longoria

On November 18, 2008, came on for hearing the court's Order to Show Cause, ordering a secured creditor, which held a security interest in debtor's automobile, to appear and show cause why it failed to comply with the court's prior Order granting debtor's motion for turnover of property and motion for contempt and sanctions.
Ruling: 
Creditor sanctioned for failure to appear at motion for contempt.
ABI Membership is required to access the full summary of In re Longoria. 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 14,2009, LexisNexis #0309-026

In re Ochon

A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. A predecessor in interest had filed a proof of claim asserting an arrearage on the debtor's mortgage of $17,602 under a first mortgage. In an earlier order, the court found that the debtor's mortgage payments were current. A creditor, the successor in interest to the mortgage, sought reconsideration of the earlier order.
Ruling: 
Court agreed to reconsider order deeming debtor's mortgage current due to failure to properly serve mortgage holder with notice of contested hearing.
ABI Membership is required to access the full summary of In re Ochon. 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 06,2009, LexisNexis #0209-105