2009 Judge Winfield - Opinions
Judge Novalyn L. Winfield -- Opinions signed in 2009
Before the court was a pre-BAPCPA pro se debtor’s in forma pauperis application to proceed in forma pauperis on his appeal of the bankruptcy court’s order. Application of 28 U.S.C. § 1915 was the focus.
Before the court was a creditor’s motion for summary judgment and Chapter 7 Trustee’s cross-motion for summary judgment. Creditor asserted that certain sale proceeds held by the Chapter 7 Trustee belong to it pursuant to a constructive trust or equitable lien theory. Chapter 7 Trustee cross-moved asserting that its strong arm powers pursuant to § 544 of the Code defeat any equitable claims alleged by the creditor.