Where a debtor executed a promissory note on behalf of a company controlled by her daughter and son-in-law and the bank required that the debtor’s then husband execute a deed of trust to create a lien on the couple’s principal ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court

Where a husband and wife initiated a Chapter 7 bankruptcy action to halt the sale of their home in a foreclosure commenced when the wife failed to make payments ordered in her prior Chapter 13 bankruptcy case, the wife could ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where a debtor filed a class action complaint alleging that a creditor violated Rule 3001 of the Federal Rules of Bankruptcy Procedure by filing a proof of claim and falsely reporting that no interest or fees were included in the ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. District Court - Eastern District

A Maryland casino’s objection to a Virginia debtor’s repayment plan because of a “marker” he owed the casino was sustained, despite a Virginia code prohibition making gaming contracts void, because Virginia’s public policy against enforcing gambling debts is no longer ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

A debtor cannot sue a trustee for his alleged negligence during the bankruptcy because the debtor did not first obtain permission from the court, as required by law, and because the suit was filed too late. Background On Nov. 23, ...

Tagged with: Bankruptcy Judge Liam O'Grady U.S. District Court - Eastern District

A creditor who acted in good faith and was given no notice of the debtor’s bankruptcy or an automatic stay when it obtained a judgment for possession was entitled to an order “annulling” the automatic stay, and thus its judgment ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

Because a trustee pleaded facts showing the existence of transfers made at a time when the transferor was insolvent or rendered insolvent, the trustee may proceed in his suit to avoid and recover the allegedly fraudulent transfers. Background Stephen Scott ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

The commercial property landlord failed to persuade the bankruptcy court that assigning the debtor’s lease to a new tenant was prohibited by the Bankruptcy Code, provisions in the debtor’s lease or provisions in other tenant’s leases. Background Before the court ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

A debtor’s failure to obtain a stay of the bankruptcy court’s in rem order allowing a foreclosure sale to proceed resulted in that sale terminating any interest by the debtor in the property when it was sold before the district ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

A bankruptcy judge has refused to block a lawsuit demanding that SunTrust Bank be forced to give up nearly $3.3 million to a lawyer’s widow defrauded by a crooked investment adviser. The lawsuit claims SunTrust turned a blind eye to ...

Tagged with: Bankruptcy U.S. Bankruptcy Court