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

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 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

A debtor cannot discharge a circuit court judgment against him for assault because a judgment on that cause of action satisfies the requirements of Bankruptcy Code § 523(a)(6). Background In June 2008, Ms. Hanson filed suit in the Madison County Circuit ...

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

A debtor who failed on four separate occasions to file a feasible plan will not get a fifth opportunity. Instead, the court held the debtor’s repeated failures, which were based upon unreliable and inaccurate financial projections, were unlikely to be ...

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