Kain v. Bank of New York Mellon Even though the debtors’ adjustable rate mortgage requires one to look outside the four corners of the note and mortgage to determine the amount to be paid, the note is nevertheless negotiable under the 2003 version of the Uniform Commercial Code.
The claimant’s motion for summary judgment is granted.
Discover Bank v. Warren The plaintiff-bank argues that a presumption of nondischargeability arises from defendant-debtor’s use of the bank’s credit card to purchase of “luxury goods” within 90 days of the filing of her bankruptcy petition. While some of the retailers from whom the debtor made purchases do sell luxury goods, they also sell necessities, and the bank has failed to show what the debtor bought from these retailers.
Anderson v. Architectural Glass Construction, Inc. (In re Pfister) Even though the debtor and her husband transferred title to the land at issue to the husband’s business in order to deal quickly with a bank mistake, since the debtor was already insolvent and she filed bankruptcy less than a year later, the transfer is avoidable by the bankruptcy trustee as constructively fraudulent.
Fitzgerald v. Norris Plaintiff’s claim to fire insurance proceeds against the debtor, plaintiff’s former housemate, should have been filed in an adversary proceeding. By failing to do so, plaintiff waived the claim.
Joe Gibson’s Auto World, Inc. v. Zurich American Insurance Co. Even though the plaintiff-debtor has demanded a jury trial on some of its state-law claims, withdrawal of reference to the bankruptcy court of these core matters is not mandatory until the case is trial-ready.
Defendants’ motion for withdrawal of reference is denied.
Anderson v. Suntrust Mortgage, Inc. Before the debtor filed her bankruptcy petition, she sold her Florida condo to her father. The defendant-lenders lent the debtor’s father the purchase money, which was used to pay off four mortgages and a judgment that was a lien on the condo.
Smith v. Cumulus Broadcasting, LLC Where the plaintiff-debtor’s bankruptcy case was brought under Chapter 13, rather than Chapter 7, plaintiff has standing to pursue a tort claim on behalf of his bankruptcy estate.
On reconsideration, plaintiff has standing to bring this claim, and the claim is not barred by judicial estoppel.
Morris v. Quigley A chapter 13 debtor who planned to turn over to secured creditors two ATVs, for which she paid $163 per month, should have accounted for that additional income in calculating her projected disposable income, and the 4th Circuit reverses a district court order upholding the bankruptcy court decision that debtor could deduct the monthly payments that she would not be required to make.
SunTrust Bank N.A. v. Macky A bank cannot collect on a loan secured by a deed of trust on two contiguous parcels in Orange County, N.C., because the deed of trust on one of the tracts was not properly recorded under state law, and the 4th Circuit upholds the bankruptcy court order to avoid the bank’s lien on that tract.
McDaniel v. Blust The 4th Circuit upholds a district court’s dismissal of claims by former officers of debtor corporation against the trustee’s law firm, hired to pursue an adversary action against the officers and sued by the former officers for invasion of privacy, breach of fiduciary duty and civil conspiracy; the trial court did not err in applying the Barton doctrine to dismiss the officers’ claims.
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