Search Opinion

In re Granger

Plaintiffs, debtors in separate bankruptcies, each filed an adversary proceeding against defendant creditor, the Maine Department of Environmental Protection, to determine the dischargeability of a debt. The parties filed cross-motions for summary judgment.
Ruling: 
Penalty portion of debt owed to state environmental commission for violations was nondischargeable but reduced to the extent debtors made postpetition payments.
ABI Membership is required to access the full summary of In re Granger. 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 08,2008, LexisNexis #1108-013

Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)

Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
Ruling: 
Creditor violated discharge injunction by publishing inaccurate credit report.
ABI Membership is required to access the full summary of Winslow v. Salem Five Mortg. Co. LLC (In re Winslow). 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 30,2008, LexisNexis #1208-066

Young v. Camelot Homes Inc. (In re Young)

Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.
Ruling: 
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
ABI Membership is required to access the full summary of Young v. Camelot Homes Inc. (In re Young). 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 02,2008, LexisNexis #0908-048

In re Littlefield

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A creditor sought relief from the automatic stay, asserting that the periodic payments made to it toward a purchase money lien it retained on a dump truck fell short of providing adequate protection. The creditor also objected to the debtors' motion to allow and disallow claims.
Ruling: 
Hanging paragraph applied to bar modification of claim secured by dump truck acquired for nonpersonal use within one year of filing.
ABI Membership is required to access the full summary of In re Littlefield. 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 20,2008, LexisNexis #0708-019

In re Look

A creditor objected to confirmation of a debtor's chapter 13 plan.
Ruling: 
Incorporation of negative equity into motor vehicle loan precluded application of anti- bifurcation provision of hanging paragraph.
ABI Membership is required to access the full summary of In re Look. 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 March 06,2008, LexisNexis #0408-019