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

Where a claimant did not immediately receive notice of the claim-filing deadline because the debtor provided an incorrect address, but she still had knowledge of the deadline with sufficient time to make a timely filing, her proof of claim filed ...

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

Where an order of sale approved a purchase agreement for debtors to sell certain property, and the agreement provided that the lease for the property would be transferred to the buyer pursuant to assumption and assignment and the debtors would ...

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

A debtor in a Chapter 7 bankruptcy case was unable to recover garnished wages as an avoidable preference even though the wages were turned over to the judgment creditor within the 90-day preference period because the wages were garnished and ...

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

Although the debtor admittedly made false statements and breached a deed of trust, he did not act with the requisite fraudulent intent and therefore the civil judgment is discharged. Background James Young filed a voluntary Chapter 7 petition in this ...

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

A debtor who settled her personal injury claim may keep the funds because they were acquired after the petition date but prior to the conversion date, meaning the money was not property of the debtors’ bankruptcy estate. Background The debtors ...

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