Judge LaShonda A. Hunt - Opinions

Judge LaShonda A. Hunt

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.

In re: Cynthia Robinson
November 28, 2017

The Chapter 13 trustee objects to confirmation of the debtor’s plan on two grounds: (1) feasibility, as debtor relies on a prorated anticipated annual tax refund that constitutes one-third of her monthly income; and (2) good faith, since Schedule J lists unsubstantiated anticipated expenses as opposed to the actual expenses of a below-median debtor.  The court concludes that the debtor has presented enough evidence to satisfy her burden of proof at confirmation.  Both objections are overruled and the plan is confirmed.

16bk29693, 16ap00657
Pro se debtor/plaintiff seeks a new trial pursuant to Federal Rule of Civil Procedure 50(d) following the court’s ruling that she failed to present sufficient evidence to establish undue hardship under 11 U.S.C. § 523(a)(8).  The court concludes that there is no basis to grant a new trial or to reconsider its prior decision finding that her student loan debts are non-dischargeable.