Zombro v. SunTrust; AP No. 06 – 1166; April 14, 2008 This case involved a credit card account and a deed of trust at SunTrust bank. The first legal issue the court addressed was whether or not the debtor would be allowed to amend their complaint against the bank. To this the court decided that [...]
In re Carr; Case No. 05-11697-RGM; March 19th, 2008 When a party to a case is represented by counsel, counsel and counsel alone should be filing the pleadings. In addition to this error, the motion alleged that Wachovia Bank, the trustee of a trust established under the will of Robert A. Geary. The question at [...]
In re Stewart; Case No. 07-10860-RGM; March 7th, 2008 This case was before Judge Mayer on a motion for summary judgment filed by the debtor. The Plaintiff in this case filed an adversary proceeding asserting that a judgment it had obtained in District Court in Oregon was nondischargeable under §§523(a)(4) and (a)(6) of the Bankruptcy [...]
In re Pertis; Case No. 04-14471-RGM; March 6th, 2008 This case was before Judge Mayer on a motion to approve a settlement between the debtor and herself relating to the division of the proceeds of sale of their former marital home. The non-debtor party, Ms. Herrick, asserts that the debtors failure to make post-petition payments [...]
In re Hernandez; Case No. 07-11413-RGM; March 3rd, 2008 The simple non-delivery of funds does not necessarily equate to embezzlement, larceny, or a willful and malicious injury. However, where there is an applicable trust agreement with a corporate entity, the obligations of which are guaranteed by the debtor who is also an officer and person [...]
In re Shea; Case No. 08-10350-RGM; February 27th, 2008 The debtor in this case previously had a case dismissed within the last year. Because of this, according to Bankruptcy Code §362(c)(3)(B), a hearing to extend the automatic stay beyond this 30 day period must be “completed before the expiration of the 30-day period.” That court [...]
In re Gebermariam; Case No. 07-11355-RGM; February 26th, 2008 Judge Mayer, sua sponte, issued this memorandum opinion decreasing the amount owed because the credit card company submitted an affidavit with numbers adding up to a different amount than that claimed.
In re Exum; Case No. 08-10079-RGM; February 21st, 2008 Debtor’s spouse filed a Motion for Relief from the Automatic Stay to Proceed with divorce proceedings. Court noted that the automatic stay, does not operate as a stay of the commencement or continuation of a civil action “(ii) for the establishment or modification of an order [...]
In re Golman; Case No. 07-12496-RGM; February 20th, 2008 Income and expenses on reaffirmation differed from Schedules I & J without explanation required by Rule 4008. Debtors had the opportunity to be heard, but were not able to explain the difference. Therefore, the court did not approve the reaffirmation agreement.
In re Senseng; Case No. 07-11165-RGM; February 19th, 2008 No Debtor signature and income and expenses on reaffirmation differed from Schedules I & J without explanation required by Rule 4008. Reaffirmation agreement not approved.
Credit Slips Bankruptcy Law Network