Plaintiffs, in their individual capacities, brought this adversary proceeding to determine whether a debt owed pursuant to an Oregon state court judgment is non-dischargeable under 11 U.S.C. § 523. Defendants moved to dismiss the original complaint pursuant to Rule 12(b)(6) contending that the individual Plaintiffs were not the proper parties in interest to maintain the dischargeability action. Plaintiffs and Frederich Hof, as Trustee for the Trust, subsequently filed an Amended Complaint. The Defendants then moved to dismiss the Amended Complaint as untimely. The Court held that Frederich Hof, as Trustee, is the appropriate party to enforce any right to payment under the judgments, and granted Defendants’ motion to dismiss with respect to Plaintiffs in their individual capacities. The Court further held that the Amended Complaint relates back to the original Complaint, and denied Defendants’ motion to dismiss as to Frederich Hof, as Trustee.
Opinions:
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(Judge: Lena M. James)
Based on the totality of the circumstances in this case, the first mortgage lender's amended claim, filed 50 months after the Trustee first began disbursing monthly mortgage payments to the lender under the Debtors' plan, is disallowed
(Judge: Lena M. James)
The court granted in rem relief to the creditor pursuant to its motion for relief from stay under 11 U.S.C. § 362(d)(4), whereby a third party, not the debtor, engaged in a scheme to delay or hinder the creditor's foreclosure proceedings in certain real property with multiple purported transfers of title.
(Judge: Benjamin A. Kahn)
Case dismissed for cause under section 1112(b), including substantial continuing loss and an absence of a reasonable likelihood of rehabilitation, unexcused and untimely filing of schedules and monthly report, and bad faith.
(Judge: Lena M. James)
The court sustained the Debtors' objections to the claims of the oversecured creditor, Carolina Farm Credit, ACA, which included 15% of the outstanding balance of the indebtedness owed by the Debtors on the petition date as attorneys' fees. The court will review all attorneys' fees in oversecured creditors' claims for reasonableness under the Fourth Circuit standards.
(Judge: Benjamin A. Kahn)
Case dismissed under 11 U.S.C. 707(a) for lack of good faith.
(Judge: Benjamin A. Kahn)
Where attorney files purported reaffirmation agreement with affidavit that does not comply with section 524(c)(3), the court will conduct a hearing on the reaffirmation agreement under Local Rule 4008-1(d) at which the attorney signing the affidavit shall appear.
(Judge: Benjamin A. Kahn)
Judgment denying discharge under 727(a)(2) and awarding of damages to trustee for unauthorized disposition of estate assets.
(Judge: Lena M. James)
The Debtor filed its current case on the next to the last day of the upset bid period following a report of foreclosure sale on its real property. The Debtor's prior Chapter 11 case was dismissed earlier after the automatic stay had been lifted on the Debtor's property and no substantial assets remained in the case. The current case was dismissed pursuant to 11 U.S.C. § 1112(b) based upon a lack of subjective good faith in filing the current case, the objective futility of the Debtor's reorganization, and the lack of any material change of circumstances from the time of the dismissal of the prior case to the filing of the current case.
(Judge: Catharine R. Aron)
Creditor objected to confirmation of chapter 13 plan based on 11 U.S.C. 1322(a)(2) and 1325(a)(3). The Court found cause to overrule the Creditor's objection and confirm Debtor's Plan.
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