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.
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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.
Determination of whether certain attorneys' fee and expenses are entitled to administrative expense status.
addresses the effect of a "no money down" arrangement between debtors and their attorneys under Chapter 13 of the Bankruptcy Code
Complaint dismissed as untimely. Deadline to object to the discharge extended; deadline to object to the dischargeability of a certain debt was not.
§§523(a)(2)(A) and (a)(6)- Plaintiff failed to establish existence of an interest in the personal property in question. Judgment entered in favor of the Defendant.
FRCP 12(b)(6) motion to dismiss granted; addresses the anti-modification clause in §1322(b)(2) and whether the language in the deed of trust creates a security interest in escrow funds
motion to amend complaint to add preference claim granted and amendment relates back to date original complaint
Comments: motion for relief from stay denied; bank failed to file a UCC-3 continuation statement when the original financing statement expired post-petition