Where the debtor was induced to buy a bagel business based upon inaccurate information provided by the seller, his objection to the seller’s claim for damages was sustained. But because the debtor received more value from the business than his ...

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

Where a debtor promised to renovate and make repairs to the plaintiff’s real property and then failed to do so, a judgment entered against the debtor was dischargeable because he fully intended to perform at the time he made the ...

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

A Chapter 13 debtor may strip off an unsecured lien from real property that is titled as joint tenants with rights of survivorship, where the joint tenant is not a joint debtor in the bankruptcy case. Background On May 15, ...

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

Where there was a presumption of abuse at the time the debtor filed a voluntary petition, because of the means test calculation, the presumption was not altered by her post-petition decision to trade in her car, resulting in a higher ...

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

Where the creditor had notice of the automatic stay, violated it by seizing the debtor’s property and then refused to return the property, the court awarded the debtor compensatory damages, attorneys’ fees and punitive damages. Background Jenny Lynn Edwards filed ...

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

Although the auctioneer’s own company placed the winning bid on the real property, the sale was not “inherently unfair” because the advertising for the auction, the bidding process and the actual bidding were conducted at arm’s length. However, because the ...

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

Where real property was titled only in the name of a debtor’s husband and the debtor argued she had an “equitable interest” in the property and the deed should be reformed to correct a “mutual mistake,” her proof fell short ...

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

Where Bank of the West violated an automatic stay, sought to collect a deficiency balance after the expiration period and willfully made repeated contact with the debtors despite requests from their counsel to stop, the bank was sanctioned and counsel ...

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

Although Congress has increased the fees payable to the U.S. Trustee System, that fee increase is unconstitutional because it is not being applied evenly to all Chapter 11 cases. As a result, the liquidating trust here is not responsible for ...

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

Where the debtor argued that a claim must list all interest and fees from the inception of the account, the court rejected that argument and held that the claim is complete if it includes a breakdown of principal, interest, fees ...

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