Aug
13
2018
Glenn, In re--21st Mortg. Corp. v. Glenn
Ruling:
Delivery and setup costs must not be included in the valuation of a retained mobile home in a chapter 13 proceeding. (5th Cir.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-099
Court: Judge or Jurisdiction information not available
Aug
09
2018
Lorick, In re
Ruling:
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-100
Jul
03
2018
Rucker, In re
Ruling:
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 03,2018, LexisNexis #0818-040
Jul
03
2018
McCormick, In re--McCormick v. Starion Fin.
Ruling:
Fee application was properly allowed as the application for attorney fees, while untimely, was not abusively so. (8th Cir.)
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Consumer case opionion summary, case decided on July 03,2018, LexisNexis #0818-041
Court: Judge or Jurisdiction information not available
Jul
03
2018
Altadena Lincoln Crossing LLC, In re
Ruling:
Default interest provisions contained in the parties' agreements were not enforceable as they were intended to serve as a penalty to give the debtor a hefty incentive not to default under the agreements. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on July 03,2018, LexisNexis #0818-042
Jun
15
2018
Tara Retail Grp., Inc., In re
Ruling:
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069
Apr
25
2018
Unnerstall, In re
Ruling:
Court allowed the bank’s reasonable attorneys’ fees where it held an oversecured claim butdebtors were not responsible for unreasonable fees incurred by the bank in collecting thedebt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2018, LexisNexis #0718-010
May
16
2018
Burton, In re
Ruling:
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-100
Apr
20
2018
Jones, In re
Ruling:
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-096
Apr
09
2018
Austin, In re--United States v. Austin
Ruling:
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073
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