Decedent Chapter 7 Debtor's wife filed a motion, acting as personal representative of the probate estate, to avoid two judicial liens against the Debtor's real property that were not avoided during the bankruptcy. While courts have allowed lien avoidance nunc pro tunc by personal representatives, here the Debtor transferred the real property to entireties property prior to his death and discharge. Here, the property is now, and has always been, outside the probate estate. Thus, the wife lacks standing to reopen the case, as the property is not within the probate estate, and the judgment creditor has no claim against an asset of the estate or the estate itself.
Opinions:
The NCMB offers a database of opinions for the years 2000 onward, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
In re Stainback (Case No. 11-50372) 03/08/2016
(Judge: Lena M. James)
(Judge: Lena M. James)
The Chapter 13 Trustee filed a motion to distribute funds held in reserve to a first mortgage holder. The Trustee had been holding funds due to a mistaken satisfaction of the first mortgage lien. The motion was denied without prejudice.
Claims, Published No
Miller v. Jeffries (In re Jeffries) (Case No. 14-50656, AP No. 14-6036) 11/19/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Denial of debtor's discharge under sections 727(a)(2)(A) and 727(a)(4)(A).
Discharge/Dischargeability, Published Yes
Northen Blue, LLP v. Novara (In re Novara) (Case No. 14-81072, AP No. 15-09005) 11/02/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Plaintiff filed a motion for summary judgment regarding an alleged fraudulent transfer regarding a check written to the Debtor. In resolving whether the Debtor had an interest in the check, donative intent presents a genuine issue of material fact, to be determined by a trier of fact. Accordingly, summary judgment is denied.
Summary Judgment, Published No
Bennett v. U.S. Dept. of Educ. (In re Bennett) (Case No. 14-51218, AP No. 15-06051) 09/22/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Pennsylvania Higher Education Assistance Agency d/b/a FedLoan Servicing ("PHEAA") filed motion to dismiss the complaint or alternatively to dismiss PHEAA from the adversary proceeding. PHEAA was dismissed from the adversary proceeding as it is a servicer, not an owner, of the Plaintiff's student loans.
Dismissal, Published No
ArborOne, ACA v. Paterno (In re Paterno) (Case No. 14-80278, AP No. 15-9008) 09/16/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Two counts of the complaint, seeking determination of nondischargeability of debt pursuant to sections 523(a)(2)(A) and 523(a)(6), were untimely filed and dismissed.
Discharge/Dischargeability, Published No
In re Badgett (Case No. 15-50146) 08/31/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Debtor objected to attorney's fees and expenses included in the claim of an oversecured creditor. Objection overruled under §506(b).
Claims, Published No
Gaitor v. U.S. Bank (In re Gaitor) (Case No. 13-80530, AP No. 14-09059) 07/31/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Plaintiff alleged violation of discharge injunction and state law violations. Defendant filed motion to dismiss. Court granted motion to dismiss as to state law claims on grounds of preemption and lack of jurisdiction.
Jurisdiction, Published No
In re Ezzell (Case No. 14-51082) 07/06/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Debtors converted their Chapter 13 case to a Chapter 7. Certain of the funds held by the Chapter 13 Trustee were pursuant to an agreement not to pursue a preference claim against the male Debtor's parents under sections 547 and 550 of the Bankruptcy Code. The source of these funds collected were postpetition wages. The Debtors agreed to have $3,600 remitted directly to the Chapter 7 Trustee in contemplation of the preference agreement. The Court declined to find that the funds collected but not disbursed were prepetition property . Under the recent Supreme Court decision, Harris v. Viegelahn, _U.S._, 135 S.Ct. 1829 (2015) postpeitition wages were to be remitted to the Debtors, but in this instance funds were remitted directly to the Chapter 7 Trustee in light of the Debtors' agreement.
Conversion, Published No
In re Earl Pickett Enterprises, Inc. (Case No. 12-81284) 06/24/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
The objection of Earl Pickett to the administrative claim of Bryant-Durham Services, Inc. for services performed on the Debtor's property was overruled.
Administrative Expenses, Published No
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