The trustee in In re Patel, 2021 Bankr. LEXIS 2897, Case No 6:18-bk-00036-KSJ (Bankr. M.D. Fl. 20 October 2021) had initially abandoned the property after discussing the residence situation at the 341 meeting, but then sought to withdraw the abandonment three years later. While the court noted that the trustee failed to show fraud or newly…
If a cause of action arises post-petition in chapter 13, counsel should amend schedules to add it to the list of assets. In Storey v. Capital Link Mgmt., LLC, 2021 U.S. Dist. LEXIS 200937, case no 2:21-cv-00293-SPC-NPM (M.D. Fla. 19 October 2021) district court denied motion to dismiss FDPCA action for repeated postpetition collection attempts…
In Dr. Gil Center for Back, Neck and Chronic Pain Relief v. Rigney (In re Rigney), 2021 Bankr. LEXIS 2824, Case no 4:20-bk-12437-NWW, Adv No 4:21-ap-01002-NWW (Bankr. E.D. Tenn. 12 Oct 2021) the court denied a request for taxation of fees in a complaint filed under §§523(a)(2)(A), (a)(4), and (a)(6). The case arose from a prepetition…
What happens when there is a lawsuit against you when you file bankruptcy? For most typical credit card, repossession, miscellaneous debt collection lawsuits, they are simply dismissed when the case is filed. Even if a judgment is obtained, the bankruptcy can usually eliminate these debts, though there is a risk that the creditor with a…
In remanding a case back to Arizona state court, an Arizona district court decision found that the case was never properly removed to the federal district court, and it may not have jurisdiction over the matter. Great Western Bank v. Clear Vision Express Tucson 2 LLC, 2021 U.S. Dist. LEXIS 193166, case No CV-21-00883-PHX-MTL (Dist….
A class action suit was filed against PNC Bank alleging violations of the Truth in Lending Act and Real Estate Settlement Procedures Act for failing to send ongoing monthly statements during and after the chapter 7 bankruptcy case despite the HELOC being reaffirmed. Polonowski v. Pnc Bank, N.A., 2021 U.S. Dist. LEXIS 187910, 2021 WL…
