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Feb
11
2010

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.
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Commercial case opionion summary, case decided on February 11,2010, LexisNexis #0510-003
Feb
10
2010

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.
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Consumer case opionion summary, case decided on February 10,2010, LexisNexis #0510-004
Feb
04
2010

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.
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Consumer case opionion summary, case decided on February 04,2010, LexisNexis #0510-027
Feb
02
2010

In re Green

A bankruptcy debtor's petition failed to disclose that the debtor's landlord obtained a prepetition judgment of possession of the debtor's apartment allowing the landlord to proceed with eviction of the debtor, and the debtor's counsel failed to appear at a hearing on the landlord's motion to lift the automatic bankruptcy stay. Counsel was ordered to show cause why he should not be sanctioned.
Ruling: 
Debtor's counsel sanctioned for failure to disclose prepetition judgment of possession and failure to appear at hearing on landlord's motion to lift stay.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0310-061
Jan
14
2010

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.
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Consumer case opionion summary, case decided on January 14,2010, LexisNexis #0410-086
Jan
14
2010

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.
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Consumer case opionion summary, case decided on January 14,2010, LexisNexis #0410-040
Jan
14
2010

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.
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Consumer case opionion summary, case decided on January 14,2010, LexisNexis #0410-100
Jan
05
2010

In re Metcalfe & Mansfield Alternative Invs.

Debtors who were named as defendants in an action filed in the Ontario Superior Court of Justice (Canada) filed petitions under chapter 15 of the U.S. Bankruptcy Code. A company that was the court-appointed monitor and authorized foreign representative of the debtors sought recognition of the Canadian proceedings as a foreign main proceeding under 11 U.S.C.S. § 1517, and an order enforcing the Canadian court's orders in the United States.
Ruling: 
Canadian case recognized as foreign main proceeding and Canadian court orders enforced accordingly.
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Commercial case opionion summary, case decided on January 05,2010, LexisNexis #0110-126

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