The court denied summary judgment on whether the interest rate charged on an open account was usurious. Evidence, such as the monthly billing statements sent to debtors, was needed before the amount of interest actually charged could be determined.
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The summary judgment evidence was unclear as to the actual interest rate or finance charge imposed by a fuel supplier on the debtors' past-due account balance, so the court was unable to determine whether the rate was usurious, as the trustee alleged.
Service of process on the defendant was deficient because it was addressed only to the company. Service on a corporation is to be made on an officer or agent. Service on an insured depository institution is to be made by certified mail on an officer.
Service on a corporation should be made by mailing the summons and complaint to an officer or agent, not to the company itself or its law firm. If the defendant is an insured depository institution, service should be made by certified mail to an officer.
The proof of claim filed by the debtor's former spouse was for a debt that constituted an equitable division of the parties' marital property, rather than a domestic support obligation, so it was not entitled to priority treatment.
As part of the parties' dissolution decree, the debtor was ordered to pay $50 per month to his former wife toward her student loans. The bankruptcy court ruled that the payment was in the nature of support and should be treated as such in the debtor's pla
Earl B. Mason v. Discover Fin. Servs. (In re Mason), Ch. 13, BK10-80464-TJM, A10-8023-TJM 08/26/2010
Service of process on the defendant was deficient because it was addressed to the company and its law firm. Service on a corporation is to be made on an officer or agent. Service on an insured depository institution is to be made on an officer.
Debtor's request to reinstate his dismissed Chapter 13 case and reimpose the automatic stay was denied because the schedules and proofs of claim clearly indicate that he cannot meet the debt limits to establish his eligibility for Chapter 13 relief.
The parties' vehicle lease was actually an installment sale/security agreement rather than a true lease. Accordingly, the debtors were entitled to the balance of the proceeds of an insurance check issued when the vehicle was totaled in an accident.
The debtor breached his contract to pay for his mother's retirement care, but he did not commit fraud, breach a fiduciary duty to the retirement home, or make a false oath or account by failing to disclose income, so he was entitled to a discharge.