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FEATURED DOCUMENTS

In re Clean Burn Fuels LLC (Bankr. M.D.N.C.)

5/17/2013

OPINION – Perdue supplied corn to debtor’s ethanol plant. The trustee claimed all corn housed at the plant as property of the estate. Perdue claimed to own the corn until it crossed a weighbelt, but the court ruled that corn stored in debtor’s bins was property of the estate, with Perdue retaining an unperfected security interest that could be avoided by the trustee.

Opinions, Orders & Jury Verdicts

Crawford v. LVNV Funding LLC (M.D. Ala.)

5/16/2013

MEMORANDUM OPINION AND ORDER - Filing a proof of claim is not the same thing as attempting to collect a debt. Claim is not a violation of the Fair Debt Collection Practices Act even if claim is barred by statute of limitations.

Abreu v. Zale Corp. (N.D. Tex.)

5/16/2013

MEMORANDUM OPINION AND ORDER - Since debtor failed to disclose her claim for unpaid overtime in bankruptcy schedules, defendant was awarded judgment on the pleadings.

In re Sturgeon (10th Cir. B.A.P.)

5/15/2013

OPINION - Cattle dealer debtor obtained loans to buy cattle, but instead used funds to make margin calls on investment losses. Cattle inventory ultimately showed 896 head of cattle could not be accounted for. Debtor had engaged in pattern and course of fraudulent conduct and debt was not discharged.

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Court Filings

Sellner v. Chase Home Fin. Inc. (Cal.Ct. App., 2nd Dist.)

5/15/2013

BRIEF – The parties entered into a Forbearance Agreement regarding the Sellners’ mortgage. The Sellners sued for defamation when Chase reported to credit rating agencies that the Sellners were late on their payments. The trial court dismissed the case, finding that Chase’s reports were true. Here, Chase argues that the dismissal should be affirmed.