2014 Judge Ferguson - Opinions
Judge Kathryn C. Ferguson -- Opinions signed in 2014
Creditor filed a proof of claim on a debt that had been discharged in a prior Chapter 7 case. On summary judgment, the court found that the objection to the proof of claim based on the Fair Debtor Collection Practices Act and various state law consumer protection laws was preempted by the Bankruptcy Code. The court also found that the objection to the proof of claim based on violation of the discharge injunction was not sustainable based on a lack of damages.
Opinion resolving a 523(a)(2)(B) complaint.
Debtors sought to cram-down second mortgages on two properties. The court conducted a valuation hearing and denied the motion to cram-down the junior mortgage on the Debtors' primary residence based on 1322(b)(2) because there was equity in the property after the first mortgage. The court granted the motion in part as to the Debtors' investment property because only a primary residence is entitled to the anti-modification protections of 1322(b)(2).