Malone vs. Homeeq Servicing; Eastern District of Arkansas AP Case No.: 2:08-1268
Apr 06, 2009OUTCOME: Mr. Bueker wins. Mortgage company must release the lien on Debtors' home.
Complaint for Contempt and to Determine Validity of Mortgage Lien
Stuttgart, AR
Chapter 13 bankruptcy Lawyer at Stuttgart, AR
Practice Areas: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Bankruptcy & Debt
OUTCOME: Mr. Bueker wins. Mortgage company must release the lien on Debtors' home.
Complaint for Contempt and to Determine Validity of Mortgage Lien
OUTCOME: Mr. Bueker wins. Debt discharged.
Complaint to Determine Dischargeability of Debt.
OUTCOME: Mr. Bueker wins. Student loan discharged.
Complaint to Determine Dischargeability of Student Loan
OUTCOME: Mr. Bueker wins. The Court of Appeals, Sam Bird, J., held that:1) action against gas company was not extinguished by any judgment or settlement from negligence action filed by or on behalf of decedent
Wife of decedent who died of injuries sustained in a gas explosion in an apartment they were subletting brought wrongful death action against landlords and gas company. The Circuit Court, Pulaski Count ... y, Jay Moody, J., dismissed action against gas company and entered summary judgment in favor of landlords. Wife appealed.
OUTCOME: Mr. Bueker wins.
On creditor's motion for relief from the automatic stay, the Court makes two holdings regarding the extent of the automatic stay's termination under § 362(c)(3)(A) (added to the Code by BAPCPA). First, ... the Court finds that the phrase with respect to any action taken in § 362(c)(3)(A) requires a creditor to have taken a formal action, such as a judicial, administrative, governmental, quasi-judicial, or other essentially formal activity or proceeding prior to the filing of the debtor's bankruptcy petition in order for the automatic stay to terminate. Second, the Court finds that § 362(c)(3)(A) terminates the automatic stay only with regard to the debtor and property of the debtor, not property of the estate
OUTCOME: Mr. Bueker wins. Lien avoided.
Complaint to Avoid Judicial Lien
OUTCOME: Mr. Bueker wins. Student loan discharged.
Complaint to Determine Dischargeability of Student Loan
OUTCOME: Mr. Bueker wins. Plan confirmed
Order was entered by the Bankruptcy Court, Richard Taylor, J., 295 B.R. 872, overruling creditor's objection to confirmation of debtor's proposed Chapter 13 plan, on ground that objection was untimely ... filed, and creditor appealed.
OUTCOME: Mr. Bueker wins. Judicial lien avoided.
Complaint to Determine Validity of Lien
OUTCOME: Mr. Bueker wins. Case confirmed.
Chapter 13 confirmation order is res judicata as to plan's treatment of liens except where lien creditor did not get adequate notice of the plan treatment.