Judge LaShonda A. Hunt - Opinions

Judge LaShonda A. Hunt

14bk33271, 14ap00859
Following trial on an adversary complaint objecting to dischargeability under 11 U.S.C. § 523(a)(2)(A) and § 523 (a)(6), the court held that the creditor failed to meet its burden of establishing that the defendant/debtor acted with intent to defraud or harm creditors.

Secured creditor objected to confirmation of debtor’s Chapter 13 plan, requiring supplemental language be included in Section 8.1 to address claims treated in Section 3.1 of the plan. Although the debtor eventually amended the plan as requested, the court held that the creditor’s proposed language was inconsistent with the requirements of 11 U.S.C. 1325(a) and therefore the plan could not be confirmed.

14bk008893, 16ap00195
At issue is whether the law in this Circuit holds that only unpaid new value can be used by a creditor to reduce preference liability under 11 U.S.C. § 547(c)(4)(B). The court concludes the answer to that question is yes.

Debtor-company has been sued by consumers who allegedly ingested contaminated nut-alternative products.  The Chapter 7 Trustee seeks to resolve those tort claims with a global settlement that channels the proceeds from commercial liability policies issued by two insurers into a fund for distribution to the injured parties and enjoins any further claims under the policies.  Several vendors (who are additional insureds) objected to the breadth of the injunction, as impairing their contractual rights to pursue claims against the insurer.  The court holds that the proposed injunction cannot be approved.

In a successive Chapter 13 case where repeat filers failed to timely obtain an extension of the automatic stay, the court concludes that the stay terminated in its entirety on the 30th day after filing, pursuant to 11 U.S.C. § 362(c)(3).

In re Monique A. Jimmar
April 23, 2018

Chapter 13 Trustee’s objection to fee applications filed by a law firm representing debtors in numerous cases is sustained, in part.  Furthermore, the court holds that the plan does not meet the good faith requirement in § 1325(a)(3) of the Code.  Therefore, confirmation is denied.

In re Felicia Williams
April 10, 2018

Secured creditor’s objection to confirmation of an amended Chapter 13 plan that proposes to continue pre-confirmation adequate protection payments of $275 per month until debtor’s attorney fees are satisfied, and then to commence monthly payments of $741 until the allowed secured claim is paid in full, is sustained.  The plan does not meet the equal monthly payment requirement of § 11 U.S.C. 1325(a)(5)(B).

14bk33271, 14ap00859
Court denied creditor’s motion for summary judgment on an adversary proceeding under 11 U.S.C. §§ 523(a)(2)(A) and 523 (a)(6), on the grounds that genuine issues of material fact existed as to debtor’s intent to defraud.

15bk38704, 16ap00110
Pro se debtor/plaintiff filed his adversary complaint against the United States Department of Education and Educational Credit Management Corporation, seeking to discharge over $400,000 in student loans pursuant to 11 U.S.C. 523(a)(8).  Following a trial, the court concludes that plaintiff has not met the “undue hardship” test.  Therefore, his student loan debts are not dischargeable.

Debtors moved to determine the value of their principal residence pursuant to 11 U.S.C. § 506(a)(1) and Federal Rule of Bankruptcy Procedure 3012. The junior mortgage holder valued the property higher than the amount presented by the debtors. After an evidentiary hearing, the court valued the property at the amount proposed by the debtors and found that the junior mortgage holder had a fully unsecured claim.