Effect of Prior State Court Judgments

In re Sisson; Case No. 06-10676-SSM; January 28th, 2008 The Debtor was an individual involved in the buying and selling of real estate. In the course of this Chapter 11, a Creditor filed two claims in the amount of $1.06 million.  The present order was the ruling on a...

Court Hearing Required When Presumption of Undue Hardship

In re O’Halloran, Case No. 07-13528-RGM; January 17th, 2008 The debtor has attempted to enter into a reaffirmation agreement, pursuant to Bankruptcy Code §524(c).  The court noted that, under that section, paragraph (3) requires that the agreement has been filed with...

Bankruptcy Before Eviction

In Re Exum; Case No. 08-10079-RGM; January 17, 2008 The Debtor’s home was foreclosed on prior to the bankruptcy filing.  The new owners filed an Unlawful Detainer to remove the debtor from the property and obtained a Writ of Possession.  Before the writ was executed,...

Repossessed car and payment of late filed claim

In re Ayres-Haley; Case No. 07-10314-SSM; January 16, 2008 Ms. Ayres-Haley filed a Chapter 13 plan whereby she was to pay the car lender, Americredit, the regular contractual rate outside of the plan and the plan provided for 100% payment of unsecured creditors and...