Search Opinion

Showalter v. Stephens (In re Stephens)

Plaintiff creditor objected to defendant debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4).
Ruling: 
Discharge denied due to debtor's attempts to evade collection and omissions from schedules.
ABI Membership is required to access the full summary of Showalter v. Stephens (In re Stephens). 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 November 30,2010, LexisNexis #0111-026

McDermott v. DB McCully Bail Bonds Inc. (In re McDermott)

A Chapter 7 debtor sought to avoid both pre- and post-petition garnishments of his wages pursuant to 11 U.S.C.S. § 547(b) and 11 U.S.C.S. § 549 by defendant judgment creditor.
Ruling: 
Preference period and postpetition garnishments were avoidable.
ABI Membership is required to access the full summary of McDermott v. DB McCully Bail Bonds Inc. (In re McDermott). 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 November 22,2010, LexisNexis #1210-125

Logan v. Citi Mortg. Inc. (In re Schubert)

After plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, Lenders 1 and 2, to avoid Lender 1's interest as a preference under 11 U.S.C.S. § 547 and to determine the value of Lender 2's secured interest, which arose from its grant of an equity line of credit (LOC) to debtors, the court determined that Lender 1's interest was an avoidable preference but left open the issue of whether equitable subrogation applied.
Ruling: 
Equitable subrogation applied to prevent avoidance of refinanced first mortgage in favor of successor to original lender.
ABI Membership is required to access the full summary of Logan v. Citi Mortg. Inc. (In re Schubert). 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 October 12,2010, LexisNexis #1110-094

Newcomer v. Litton Loan Servicing LP (In re Newcomer)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant servicer of a mortgage loan of the non-debtor spouse of the debtor alleging that the servicer violated the automatic bankruptcy stay under 11 U.S.C.S. § 362, the debtor's confirmed plan under 11 U.S.C.S. § 1327, and the discharge injunction under 11 U.S.C.S. § 1328.
Ruling: 
Loan servicer did not violate stay by sending letter regarding loan on which non-debtor spouse was obligor, secured by property in which debtor had acquired an interest.
ABI Membership is required to access the full summary of Newcomer v. Litton Loan Servicing LP (In re Newcomer). 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 #1110-067

In re White

A Chapter 7 trustee filed an objection to a debtor's claim of exemption in a spendthrift trust, asserting that he could attach her interest, not generally, but to satisfy her student loan creditors and certain other creditors. The trustee argued that under 11 U.S.C.S. § 544(a)(1), he was entitled to step into the shoes of a creditor for the purposes of invading the trust. The debtor and a trustee under the spendthrift trust opposed the objection.
Ruling: 
Trustee could not use strong-arm powers to step into the shoes of a preferred class of creditors in order to seize the assets of a spendthrift trust.
ABI Membership is required to access the full summary of In re White. 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 #1110-054

Countrywide Bank v. Beachley (In re Beachley)

Plaintiff bank filed a complaint against defendant debtors and a chapter 13 trustee seeking an equitable lien on the debtors' property. Alternatively, the bank sought a determination that it was equitably subrogated to another lender's deed of trust. The debtors and the trustee contended that neither an equitable lien nor subrogation was available under 11 U.S.C.S. § 544(a)(3). Both sides moved for summary judgment.
Ruling: 
Transfer to bank via unrecorded deed of trust was avoidable without survival of equitable lien or subrogation rights.
ABI Membership is required to access the full summary of Countrywide Bank v. Beachley (In re Beachley). 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 16,2010, LexisNexis #1110-023

In re Hall

A townhouse association filed an application for the allowance of administrative expenses under 11 U.S.C.S. § 503(b)(1) on account of unpaid homeowners association dues in the sum of $3,901.25 for the period from February 4, 2004, the day before the filing of the case originally as a case under chapter 7, to May 31, 2010.
Ruling: 
Townhouse association not entitled to administrative expense for unpaid dues.
ABI Membership is required to access the full summary of 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 August 25,2010, LexisNexis #1010-032

Hale Trailer Brake & Wheel Inc. v. Cramblitt (In re Cramblitt)

Creditor filed an adversary proceeding seeking a determination that a chapter 7 debtor's guaranty obligation was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Guaranty obligation of debtor who misrepresented his status as CEO of company receiving credit was nondischargeable.
ABI Membership is required to access the full summary of Hale Trailer Brake & Wheel Inc. v. Cramblitt (In re Cramblitt). 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 17,2010, LexisNexis #1010-016

Petrovic v. Vetal (In re Vetal)

Former employee filed an adversary proceeding against chapter 7 debtor, a person who had owned a company that was engaged in the business of servicing swimming pools, seeking a determination that the debtor owed a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion for summary judgment.
Ruling: 
Checks dishonored due to freeze on debtor's line of credit did not give rise to nondischargeable debt.
ABI Membership is required to access the full summary of Petrovic v. Vetal (In re Vetal). 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 03,2010, LexisNexis #0910-080

Kforce Inc. v. Kearse (In re Kearse)

Plaintiff, defendant debtor's former employer, moved for summary judgment as to the dischargeability of the debtor's obligations, pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6), under a settlement agreement by and among the debtor, the former employer, and debtor's new company.
Ruling: 
Settlement of lawsuit alleging diversion of contract opportunities was based on intentional injury and was nondischargeable.
ABI Membership is required to access the full summary of Kforce Inc. v. Kearse (In re Kearse). 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 May 18,2010, LexisNexis #0810-086

Pages