Search Opinion

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 Fisher

Debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor filed a complaint against defendant credit union seeking the turnover of property pursuant to 11 U.S.C.S. § 542. The debtor sought an order requiring the credit union to turnover title to the debtor's vehicle or an order releasing the lien. The debtor filed a motion for entry of default.
Ruling: 
Debtor's motion for default in turnover proceeding denied due to improper service upon credit union.
ABI Membership is required to access the full summary of In re Fisher. 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 12,2008, LexisNexis #1108-035

Miller v. KeyBank Natl Assn (In re Schwartz)

A chapter 13 trustee filed a Fed. R. Bankr. P. 7055 motion for default judgment on an adversary complaint to avoid a lien, pursuant to 11 U.S.C.S. § 544. Defendant bank filed a motion to set aside the entry of default and for a hearing.
Ruling: 
Default in avoidance proceeding set aside on basis of improper service on creditor bank.
ABI Membership is required to access the full summary of Miller v. KeyBank Natl Assn (In re Schwartz). 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 August 15,2008, LexisNexis #1208-059