August 2012 – COTD

de la Salle v. U.S. Bank, N.A. (In re de la Salle), 461 B.R. 593 (B.A.P. 9th Cir. 2011) (Jury, Kirscher, Dunn)

August 31, 2012
Form plan in Eastern District of California was consistent with statutes and rules concerning treatment of claims: proof of claim...
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In re Lytell, No. 11-2473, 2012 WL 253111 (E.D. La. Jan. 26, 2012) (Lemmon)

August 30, 2012
Objection to proof of claim for lack of documentation should not have been rejected because, under Louisiana Civil Code, party...
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In re Torres, No. 09-09187(ESL), 2012 WL 78206 (Bankr. D.P.R. Jan. 10, 2012) (Lamoutte)

August 29, 2012
Creditor must file application for postpetition fees and expenses under § 506(b) and Bankruptcy Rule 2016 to give debtor and...
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Nix v. Household Fin. Corp. II (In re Nix), No. 12-80062-HB, 2012 WL 27667, at *7 (Bankr. D.S.C. Jan. 5, 2012) (Burris)

August 28, 2012
Blanket reservation of rights in form plan was insufficient to defeat res judicata effect of confirmation with respect to causes...
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In re Smith, No. 10-60849, 2012 WL 43647, at *4 (Bankr. N.D. Ohio Jan. 9, 2012) (Kendig)

August 27, 2012
Conversion to Chapter 7 four months after confirmation was in bad faith when debtor had received life insurance proceeds from...
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In re Launderville, No. 11-61117-13, 2012 WL 78713 (Bankr. D. Mont. Jan. 11, 2012) (Kirscher)

August 24, 2012
Oversecured creditor is entitled to reasonable fees but not to compensation for meritless objections to confirmation. Secured proof of claim...
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In re Dexter, No. 10-07071-8-RDD, 2012 WL 137509 (Bankr. E.D.N.C. Jan. 18, 2012) (Doub)

August 23, 2012
Mortgage lender willfully violated stay when it refused to release hurricane damage insurance checks. Lender’s posted guidelines stated that if...
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In re Scotto-DiClemente, 463 B.R. 308 (Bankr. D.N.J. 2012) (Kaplan)

August 22, 2012
Citing Johnson v. Home State Bank, 501 U.S. 78, 111 S. Ct. 2150, 115 L. Ed. 2d 66 (June 10,...
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Alvarez v. HSBC Bank, USA, No. MJG-11-2886, 2011 WL 6941670, at *2 (D. Md. Dec. 28, 2011) (Garbis)

August 21, 2012
Disagreeing with Strausbough v. Co-op Services Credit Union (In re Strausbough), 426 B.R. 243 (Bankr. E.D. Mich. Mar. 25, 2010)...
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In re Bacon, No. 02-40665, 2003 WL 26098322, at *2 (Bankr. S.D. Ga. Aug. 20, 2003) (Davis)

August 20, 2012
Requiring “catastrophic” circumstance for undue hardship is overly harsh and inconsistent with requirement that unsecured creditors receive at least what...
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