Summary:
World Omni repossessed the Debtors’ vehicle and on August 30, 2010, received notice of its intent to sell the vehicle at private sale on or after September 9, 2010. The letter also informed the Debtors of their right to regain the vehicle by payment of the outstanding loan balance before September 9, 2010. The vehicle was sold on September 16, 2010, and, after the Debtors filed bankruptcy nearly a year later, World Omni filed a Proof of Claim for the deficiency.
Summary:
Judge Ahart revisits his 2005 article, The Limited Scope of Implied Powers of a Bankruptcy Judge: A Statutory Court of Bankruptcy, Not a Court of Equity, 79 Am. Bankr. L.J. 1, in light of the Stern v. Marshall, 131 S. Ct.
Summary:
The Debtor granted Woodlands Bank a $1.44 million mortgage. Woodlands Bank was purchased by the FDIC and sold to Bank of the Ozarks, subject to a guarantee that the FDIC would compensate the Bank of the Ozarks for up to 80% of any losses on loans. Subsequently, the Debtor filed Chapter 11. The Bank of the Ozarks filed a Proof of Claim in the amount of $1,488,324.07, but then sent the Debtor two letters stating that the mortgage balance was $1.16 million.
Summary:
Halo entered into interconnection agreements (together referred to as the “ICA”) with BellSouth for the transmission of Halo’s wireless data over AT&T networks. A dispute arose between BellSouth and Halo regarding the ICA, with Halo first filing a complaint against BellSouth (among others) in federal District Court in the Eastern District of Texas seeking to limit BellSouth (and others) from having the ICA dispute in any other forum than the FCC.
Summary:
The Trustee sought a denial of discharge, claiming the Debtor, with the intent to hinder, delay, or defraud, concealed property of the estate and knowingly and fraudulently, in connection with a case, made a false oath. At the §341 Meeting, in response to questions from the attorney for the his estranged spouse, the Debtor admitted that he owned a $2,000 horse trailer and a grease gun, wrenches, a pressure washer, a generator, an air compressor, and a tool chest filled with tools, worth approximately $800.00.
Summary:
After consulting with a bankruptcy attorney, the Debtors sold personal property at auction, receiving $14,000 in proceeds. Two days before filing Chapter 7, the Debtors used $12,000 to fund IRAs and the remainder for insurance and vehicle repairs. The Trustee sought to avoid the contributions to the IRAs as fraudulent conveyances.
Following, Ford v. Poston, 773 F.2d 52, 54 (4th Cir.
Summary:
The Debtors own and operate a feed mill. Following initiation of foreclosure proceedings against 442.92 acres of land (which had been in the Debtors’ family for centuries!), the Debtors filed Chapter 11.
