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This week's Listserve summary is brought to you by Thomas R. Dominczyk, Esq. of Maurice & Needleman, P.C. in Flemington, New Jersey. Tom currently serves as the ABI Consumer Bankruptcy Committee's Special Projects/Task Force Leader.
Courtesy of Collier and Matthew Bender & Company, Inc., a member of the LexisNexis Group, ABI offers the weekly Collier Bankruptcy Case Update online to ABI members at consumer.abiworld.org. The case summaries analyze current bankruptcy cases with a helpful one sentence summary of the holding, a description of the procedural posture and an overview of the facts and reasoning. Each case summary indicates clearly whether it involves a consumer or commercial case and which Bankruptcy Code section or Federal Rule of Bankruptcy Procedure is at issue. The weekly summaries are organized by pre- and post-BAPCPA cases and then by circuit.
Each week, ABI's Consumer Bankruptcy Committee will extract the one-sentence summaries from the consumer cases published in the weekly Collier Bankruptcy Case Update and send them to you via the Listserve. Below are such summaries for the February 16, 2009 Collier Bankruptcy Case Update. For the full version, please click here and enter your ABI username and password. Further, you can view the archives of the Collier Bankruptcy Case Update from 2001 forward by clicking here.
POST-BAPCPA CASES
§ 109(h)(4)
In re Larsen, 2009 Bankr. LEXIS 40 (E.D. Wis., 1/9/2009)
Case dismissed where incarcerated debtor did not request prepetition briefing from credit counselor or cite exigent circumstances for exemption
§ 362
Lightfoot v. Borkon (In re Lightfoot), 2008 Bankr. LEXIS 3508 (E.D. Pa., 10/8/2008)
Creditor who had obtained relief from stay in debtor’s spouse’s case to proceed against trucks violated stay by repossessing two trucks two days after debtor’s subsequent filing
§ 523(a)(2)
Harrold v. Raeder (In re Raeder), 2009 Bankr. LEXIS 38 (N.D.W. Va., 1/12/2009)
Debtor's allegedly unauthorized withdrawals from mother's checking account on which debtor was an authorized signatory were dischargeable
etc...
PRE-BAPCPA CASES
§ 362(d)(1)
United States v. Kummer (In re Kummer), 2009 U.S. Dist. LEXIS 3660 (D. Nev., 1/7/2009)
Stay pending appeal of denial of United States motion for relief from stay to offset debtor's tax debt with 2007 refund and stimulus rebate denied
§ 502(a)
In re Broadus, 2009 Bankr. LEXIS 39 (S.D. Ala., 1/7/2009)
Interest rate and amount did not have to be included in proof of claim for debtor to be liable
etc...