The federal exemptions apply to the Debtor, and the Debtor's life insurance proceeds are reasonably necessary for the Debtor's support and exempt under 11 U.S.C. 522(d)(11)(C).
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Catharine R. Aron
The Court held that an inherited IRA is exempt under 11 U.S.C. § 522(b)(3)(C)
The twelve monthly $3500.00 payments made by Debtor to Defendant are not preferences as a matter of law because the debt was not owed by the Debtor.
Court awarded $740.00 due to creditor violating the discharge injunction; 11 U.S.C. § 524
Summary judgment granted in favor of Creditor; Usury; Usurious Late Fees; Truth in Lending Act; Fraudulent Misrepresentation; Actual Fraud; Unfair and Deceptive Trade Practices
Thomas W. Waldrep, Jr.
Motions for Summary Judgment- Determination of whether corn is property of the estate, whether Defendant has a security interest in the corn and proceeds, and whether the Plaintiff may avoid Defendant's unperfected security interest pursuant to §544(a). Section 553 and the right to setoff also discussed.
cross motions for summary judgment; analysis of whether deed of trust specifically describes the underlying debt it secures and whether certain certain pieces of property are fixtures.
Debtor's complaint seeks a §523(a)(19) determination on a debt owed to the SEC pursuant to a settlement and that civil penalty owed does not constitute debt under §101(12); Rule 12(b)(6) motion to dismiss AP denied in part, granted in part.
Determination that 1968 Mustang is property of the estate and title did not transfer to creditor: motion for relief from stay denied; motion for turnover granted; and motion to extend time to challenge discharge and dischargeability of debt and file a proof of claim denied.