In remanding a case back to Arizona state court, an Arizona district court decision found that the case was never properly removed to the federal district court, and it may not have jurisdiction over the matter. Great Western Bank v. Clear Vision Express Tucson 2 LLC, 2021 U.S. Dist. LEXIS 193166, case No CV-21-00883-PHX-MTL (Dist. Ariz. 6 October 2021). While this is a matter that does not arise often, it illustrates the problems that can arise when proper procedures are not followed.
A class action suit was filed against PNC Bank alleging violations of the Truth in Lending Act and Real Estate Settlement Procedures Act for failing to send ongoing monthly statements during and after the chapter 7 bankruptcy case despite the HELOC being reaffirmed. The magistrate judge issued a report and recommendation granting PNC's request to dismiss the case, but the District court rejected the recommendation.
The ruling came in Cal Coast Univ. v. Alekna (In re Aleckna), 2021 U.S. App. LEXIS 27128, 2021 WL 4097155 (3rd Cir.
In a decision that may have reflected some frustration at the creditor's conduct, the a bankruptcy court in Oregon granted the debtor's request for $4,123.50 in fees for defending a motion for relief from stay on an automobile lease with a subsidiary of Nissan Motor Acceptance Company that had gone to final evidentiary hearing, when the creditor's counsel produced no evidence at such trial. The case involved a confirmed chapter 13 plan which had assumed the automobile lease. Nissan filed a motion for relief from stay asserting that the debtor had defaulted by missing three payments.
Judge Funk in Jacksonville ruled in favor of the debtor as to a debt that was not scheduled before the claims bar date in a chapter 7, but where the claim was filed in time to share in any distribution. In re Simmons, 2021 Bankr. LEXIS 2302, Case no 3:18-bk-03267-JAF, Adv 3:20-ap-0081-JAF (Bankr. M.D. Fla.
Judge Specie in Pensacola, Florida sanctioned counsel for a creditor in a Subchapter V chapter 11 case for submitting a written order on the request of a state court judge substituting their client for the debtor in a pending lawsuit. The background was a stipulated deficiency judgment against the debtor by NWE165, LLC in the amount of $300,000, which judgment was then assigned to 4 Dakota. Subsequent to that judgement, debtor sued Schwizer for over $1.5 million asserting a failure to perform under a purchase and sale agreement. On 15 January 2021 the district court entered an order o
In In re Elias, 2021 Bankr. LEXIS 1554, Case No. 20-10334 (Bankr. D.Vt.
A recent case from the 11th Circuit affirmed the rulings of the bankruptcy and district court that a debtor failed to show that she met the standards for undue hardship in order to discharge a student loan. In Graddy v. Educ. Credit Mgmt. Corp. (In re Graddy), 2021 U.S. App.
Placing the title of a house into a joint revocable living trust appears to have caused the loss of an exemption to the property in In re Givans, 2021 Bankr. LEXIS 1449, Case No.
Bankruptcy can be a great help to most debtors, but when a debtor tries to game the system, and fails to disclose relevant information, the discharge can be denied. In In re Dhaliwal, 2021 Bankr. LEXIS 1462, Adv. No. 20-3391 (Bankr. S.D. Tex. 18 May 2021) the were multiple issues in the debtor's disclosures. Debtor owned a 2016 Kenworth T680 truck liened to Paccar Financial Corporation, which had broke down in February 2019 with estimated repairs costing $21,500. The extended warranty declined coverage. Debtors continued payments through July 2019.